Chương 1 Pháp lệnh Thi hành án dân sự năm 2004: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

1. This Ordinance prescribes the organization of, and procedures for, execution of civil judgments.

2. The civil judgments and decisions stated in this Ordinance shall include:

a) Court judgments and decisions on civil issues, marriage and family, labor, economic matters;

b) Foreign courts' civil judgments and decisions, foreign arbitration's awards, which are recognized and permitted for execution in Vietnam by Vietnamese courts;

c) Decisions on civil matters, fines, property confiscation, handling of evidences, property, retrospective collection of illicitly procured money and assets, legal costs in criminal judgments and decisions of courts;

d) Decisions on property part in the administrative judgments or decisions of courts;

e) Decisions on bankruptcy declaration;

f) Decisions of Vietnam Trade Arbitration;

g) Other judgments and decisions prescribed by law.

Article 2.- Civil judgments and decisions to be executed

The civil judgments and decisions to be executed under this Ordinance shall include:

1. The civil judgments and decisions prescribed in Article 1 of this Ordinance, which have already taken legal effect:

a) The first-instance courts' judgments and decisions or parts thereof, which are not appealed or protested against according to the appellate procedures;

b) Judgments and decisions of the courts of appeal;

c) Courts' decisions on cassation or reopening trial;

d) Foreign courts' civil judgments and decisions and foreign arbitration's awards, which are recognized and permitted for execution in Vietnam by Vietnamese courts;

e) Effective awards of Vietnam Trade Arbitration;

2. Civil judgments and decisions prescribed in Article 1 of this Ordinance, which are not yet legally valid but are executed immediately:

a)The first-instance courts' judgments and decisions on alimony, wage payment, remuneration payment, severance allowance, job-loss allowance, social insurance or compensation for loss of human lives, health, reinstatement of laborers;

b) Courts' decisions on temporary urgent measures to secure the trial and judgment execution.

Article 3.- Securing the effect of civil judgments and decisions

The legally effective civil judgments and decisions must be strictly executed by the judgment debtors, the judgment creditors, the persons with rights and obligations related to the judgment execution (referred collectively to as the involved parties) and must be respected by State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people's armed force units and individuals.

Article 4.- Grounds for judgment execution

Civil judgments and decisions shall be executed on the following grounds:

1. The to be executed civil judgments and decisions are those prescribed in Article 2 of this Ordinance;

2. The judgment execution decisions.

Article 5.- Right to request judgment execution

1. If the involved parties fail to voluntarily execute judgments, the judgment creditors or the judgment debtors shall base themselves on the civil judgments and/or decisions to request the competent judgment -executing bodies to issue decisions on judgment execution.

2. The judgment execution requesters must file their written applications for judgment execution or personally come to the judgment-executing bodies to clearly state the contents of their requests and information related to the judgment execution, enclosed with the civil judgments or decisions.

Article 6.- Voluntary execution of judgments

1. The State encourages the involved parties to voluntarily execute judgments.

2. The judgment creditors and the judgment debtors are entitled to negotiate with each other on the time, venue and mode of judgment execution, which, however, must not be contrary to law and social morality.

3. Basing themselves on the judgment execution decisions, the executors shall set a time limit of no more than thirty days counting from the date of receiving the judgment execution decisions for the judgment debtors to voluntarily execute the judgments, except for cases prescribed in Clause 2, Article 7 of this Ordinance.

Article 7.- Forced execution of judgments

1. If the judgment debtors have conditions to execute them but fail to voluntarily executive the judgments shall be forced to execute them according to the provisions in this Ordinance.

Upon the expiry of the time limit for voluntary execution of judgments as provided for in Clause 3, Article 6 of this Ordinance, if the judgment debtors have conditions to execute them but fail to execute the judgments, the judgment-executing bodies must issue decisions to force the judgment execution.

2. Where it is necessary to prevent the judgment debtors from dispersing or destroying assets or shirking the judgment execution, the executors shall have the right to apply in time coercive measures prescribed in Article 37 of this Ordinance.

3. Forced judgment execution must not be organized on holidays prescribed by the labor legislation and within the period from 22.00 hrs to 06.00 hrs of the following day or for other special reasons prescribed by the Government, except for the cases prescribed in Clause 2 of this Article, but the reasons therefor must be clearly inscribed in the minutes thereof.

Article 8.- Responsibilities of agencies, organizations, people's armed force units and individuals in judgment execution

1. The State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people's armed force units within the ambit of their respective tasks and powers, and individuals have the responsibility to fully satisfy the requests of executors in judgment execution.

2. The presidents of the People's Committees at all levels shall, within the scope of their respective tasks and powers, have to direct the organization of coordination among the concerned agencies in the execution of judgments in their respective localities.

The commanders of military zones or the equivalent level shall, within the scope of their tasks and powers, have to direct the organization of coordination among the concerned agencies in execution of judgments in their respective military zones or the equivalent level.

3. The police offices have the task to maintain order and stop in time all acts of obstructing or resisting the judgment execution. Where it is necessary to apply measures of coercive judgment execution, the police offices and other concerned agencies shall have the task of coordinating with one another in meeting the requests of the heads of the judgment-executing bodies or executors.

Article 9.- Securing legitimate rights and interests of the persons related to the judgment execution

The persons with rights and obligations related to judgment execution may participate in the judgment execution and have the right to complain or initiate lawsuits according to law provisions in order to protect their legitimate rights and interests.

Article 10.- Supervision of judgment execution

Within the scope of their tasks and powers, the people's procuracies shall supervise the law observance in judgment execution by the involved parties, the judgment-executing bodies, executors and other State agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, economic organizations, people's armed force units and individuals related to judgment execution in order to ensure the prompt, adequate and lawful execution of judgments.