Chương 3 Pháp lệnh Thi hành án dân sự năm 2004: Thủ tục thi hành án

Chapter III

JUDGMENT EXECUTION PROCEDURES

Article 18.- Supplying court judgments or decisions

When court judgments or decisions are executed under the provisions in Article 2 of this Ordinance, the courts which have handed down such judgments or decisions shall have to supply the judgment creditors and the judgment debtors with such judgments or decisions, which are inscribed with "for execution."

The courts must explain to the judgment creditors and the judgment debtors the rights and time limits to request the judgment execution as well as the judgment execution obligations as provided for by law.

Article 19.- Sending and explaining court judgments or decisions

1. For the court judgments or decisions prescribed at Points a, b, c and d, Clause 1, Article 2 of this Ordinance, the courts which have handed down such judgments or decisions shall have to send the judgments or decisions to the judgment-executing bodies and the procuracies of the same level with the courts which have conducted the first-instance trial within thirty days as from the date the judgments or decisions take legal effect.

2. For judgments and decisions to be executed under the provisions at Point a, Clause 2, Article 2 of this Ordinance, the courts which have handed down such judgments or decisions shall have to send the judgments or decisions to the judgment-executing bodies and the procuracies of the same level with the courts which have conducted the first-instance trial within ten working days as from the date of issuance of such judgments or decisions.

For decisions on temporary urgent measures, the courts which have issued the decisions shall have to transfer such decisions to the judgment-executing bodies of the same level.

3. When transferring the judgments or decisions, the courts must enclose them with the records on distraint, temporary seizure of material evidences, properties, other relevant documents (if any).

4. In case of receiving the requests of the heads of the judgment-executing bodies for the explanation of the judgments or decisions, within fifteen days as from the date of receiving such requests, the courts which have handed down such judgments or decisions must give their written replies.

Article 20.- Judgment execution fees

The judgment creditors, when filing their written requests for judgment execution, shall have to pay judgment execution fees for the judgment execution parts with value calculated on the property value to be actually received by such persons.

The judgment execution fee level, collection, payment, management, use, exemption and reduction shall be prescribed by the Government.

Article 21.- Competence to issue judgment execution decisions

1. The heads of the provincial-level judgment-executing bodies shall issue decisions on the execution of the following judgments and decisions:

a) The first-instance judgments and decisions of provincial/municipal people's courts;

b) The judgments and decisions which fall under the judgment execution-deciding competence of the heads of the district-level judgment-executing bodies, but, due to their complexity and involvement with many districts, are deemed necessary to take them to the provincial level for execution;

c) The judgments and decisions of the Supreme People's Courts, which are sent to provincial-level judgment-executing bodies;

d) The judgments and decisions entrusted by judgment-executing bodies in other localities;

e) The civil judgments and decisions of foreign courts, awards of foreign arbitration, which have been recognized by Vietnamese courts and permitted for execution in Vietnam;

f) Awards of Vietnam Trade Arbitration.

2. The heads of the military zone-level judgment-executing bodies shall issue decisions on execution of the following judgments and decisions:

a) The decisions on property in criminal cases of the military courts of military zone or equivalent level;

b) The decisions on property in criminal cases of the regional military courts in the geographical areas of the military courts of military zone or equivalent level;

c) The decisions on property in criminal cases of the Central Military Court, which are transferred to military zone- level judgment-executing bodies;

d) The judgments and decisions of the Supreme People's Courts, which are sent to military zone-level judgment-executing bodies;

e) The judgments and decisions entrusted by judgment-executing bodies of other localities.

3. The heads of the district-level judgment-executing bodies shall issue decisions on execution of the following judgments and decisions:

a) The first-instance judgments and decisions of the people's courts of rural districts, urban districts, provincial capitals or towns;

b) The appellate judgments and decisions of the provincial/municipal people's courts;

c) The judgments and decisions of the Supreme People's Court, which are sent to district-level judgment-executing bodies;

d) The judgments and decisions entrusted by judgment-executing bodies of other localities.

Article 22.- Taking initiative in issuing judgment execution decisions

1. The heads of judgment execution bodies shall take initiative in issuing decisions on execution of the following parts of judgments or decisions:

a) The legal costs, court fees, return of advanced legal cost or court fee;

b) Pecuniary fines;

c) Confiscation of property, collection of tax arrears, retrospective collection of illicitly earned money or assets;

d) Handling of seized material evidences, assets;

e) Recovery of land under court decisions;

f) Court decisions on temporary urgent measures.

2. The time limit for issuing a judgment execution decision is five working days as from the date of receiving the judgment or decision; for decisions on temporary urgent measures, the judgment execution decisions must be issued immediately.

Article 23.- Issuing judgment execution decisions at written requests

Except for the cases prescribed in Article 22 of this Ordinance, the heads of judgment-executing bodies shall only issue judgment execution decisions at requests of the judgment creditors or the judgment debtors.

The time limit for issuing a judgment execution decisions is five working days counting from the date of receiving the request for judgment execution.

Article 24.- Entrustment of judgment execution

1. The heads of the judgment-executing bodies with competence to issue judgment execution decisions may entrust the judgment execution to the judgment-executing bodies in the localities where the judgment debtors reside, work, have their property or headquarters.

The time limit for issuing decisions on judgment execution entrustment shall not exceed five working days counting from the date of determining the existence of grounds for entrustment.

2. The Government shall prescribe the judgment execution entrustment.

Article 25.- The statute of limitations for requesting judgment execution

1. Within three years counting from the dates the judgments or decisions take legal effect, the judgment creditors and/or the judgment debtors may request competent judgment-executing bodies to issue decisions on judgment execution.

In cases where the time limits for fulfillment of obligations are fixed in the judgments or decisions of courts, the three year- time limit shall be calculated from the date the obligations turn due.

For judgments and decisions to be executed periodically, the three-year time limit shall apply to each period, counting from the date the obligations turn due.

2. If the judgment execution requesters can prove that due to objective obstacles or force majeure incidents they cannot make the judgment execution requests as scheduled, the duration in which the objective obstacles or force majeure incidents exist shall not be counted into the statute of limitations for requesting the judgment execution.

For cases of postponement or suspension of judgment execution as provided for in Articles 26 and 27 of this Ordinance, the postponement or suspension duration shall not be counted into the statute of limitations for requesting the judgment execution.

3. The heads of the judgment-executing bodies with competence to issue judgment execution decisions shall consider and issue decisions to restore the statute of limitation for requesting the judgment execution. In cases where there are no grounds to restore the statute of limitations for requesting the judgment execution, the heads of the judgment-executing bodies shall issue decisions not to accept the expired judgment execution requests of such persons.

4. The statute of limitations prescribed in Clause 1 of this Article shall not apply to the cases prescribed in Article 22 of this Ordinance, except otherwise provided for by law.

Article 26.- Postponement of judgment execution

1. The heads of the judgment-executing bodies shall issue decisions to postpone judgment execution in the following cases:

a) The judgment debtors get serious ailments or have their residences not yet identified or for other plausible reasons, and cannot fulfill their obligations which, under the judgments or decisions, must be performed by such persons themselves;

b) The judgment creditors agree to let the judgment debtors postpone the execution thereof;

c) The persons who must fulfill the payment of State budget remittances have no property or have property with value not enough for coercive execution of judgments or have property which must not be distrained;

d) There exist disputes over the distrained property as provided for in Clause 5, Article 41 of this Ordinance, which are being processed and settled by courts.

2. The persons competent to protest against court judgments or decisions are entitled to request the postponement of judgment execution once for consideration of protests according to the cassation or reopening procedures. The heads of the judgment-executing bodies must issue decisions to postpone the judgment execution upon the receipt of judgment execution postponement requests of the persons competent to protest.

The time limit for postponement of judgment execution at the requests of the persons competent to protest shall not exceed ninety days as from the date of issuance of the postponement decisions.

3. Within three working days as from the date the judgment execution postponement conditions prescribed in Clause 1 of this Article no longer exist or upon the expiry of the time limit for judgment execution postponement at the requests of the persons competent to protest, if no protests are made, the heads of the judgment-executing bodies must issue decisions to continue the judgment execution.

4. In cases where judgments or decisions have been already executed partially or entirely before the receipt of the judgment execution postponement requests of the persons competent to protest, the heads of the judgment-executing bodies must notify such in writing to the persons competent to protest.

Article 27.- Suspension of judgment execution

The judgment execution shall be suspended in the following cases:

1. The judgment debtors have been given court decisions to open procedures for settlement of requests for bankruptcy declaration. The heads of the judgment-executing bodies shall issue decisions to suspend the judgment execution when the judgment debtors are given court decisions to open procedures for settlement of requests for bankruptcy declaration, except for the execution of money amounts prescribed at Point a, b and c, Clause 1, Article 51 of this Ordinance;

2. The persons who have protested against court judgments or decisions according to cassation or reopening procedures may suspend the execution of such judgments or decisions. The judgment execution suspension time limit shall not exceed six months as from the date of issuance of judgment execution suspension decisions. The heads of the judgment-executing bodies shall issue decisions to resume the judgment execution when receiving the cassation or reopening decisions of courts or decisions of the persons competent to protest to withdraw the protests.

In cases where the judgments or decisions have already been executed partially or entirely before the receipt of judgment execution suspension decisions of the persons competent to protest, the heads of the judgment-executing bodies must notify such in writing to the protesters.

Article 28.- Cessation of judgment execution

The heads of judgment-executing bodies who are competent to issue judgment execution decisions shall have the right to issue decisions to stop the judgment execution in the following cases:

1. The judgment debtors die leaving no legacy or failing to transfer the judgment execution obligations to their heirs according to law provisions;

2. The judgment creditors die while their rights and interests under the judgments or decisions are not transferred to their heirs according to law provisions;

3. The judgment creditors abandon in writing the rights and interests they enjoy under the judgments or decisions, except otherwise provided for by law;

4. The judgment debtors are dissolved agencies or organizations having no more assets while, as provided for by law, their obligations are not transferred to other agencies, organizations or individuals;

5. The judgment debtors have been declared bankrupt. In this case, the judgment execution rights and obligations shall comply with the law provisions on bankruptcy;

6. There are decisions on judgment execution exemption under the provisions in Article 32 of this Ordinance;

7. The judgments or decisions have been cancelled by competent courts;

8. The statute of limitations for requesting the judgment execution has expired.

Article 29.- Return of written requests for judgment execution

The heads of the judgment-executing bodies, who are competent to issue decisions on judgment execution, shall have the right to return the written requests for judgment or decision execution to the judgment creditors in cases where decisions are issued to cease the judgment execution or where there are grounds to confirm that the judgment debtors have no property for judgment execution. When the judgment debtors have conditions to execute the judgments, the judgment creditors may request the execution of judgments or decisions within the time limit prescribed in Clause 1, Article 25 of this Ordinance, as from the date they have conditions to execute them.

Article 30.- Conclusion of judgment execution

1. The heads of the judgment-executing bodies shall issue decisions to conclude the judgment execution when the judgment debtors, the judgment creditors and the persons with relevant rights and obligations have completely performed their rights and obligations under the judgments or decisions.

2. The judgment execution shall automatically end when there are decisions of the heads of competent judgment-executing bodies to stop the judgment execution.

Article 31.- Transfer of rights and obligations to execute judgments

When the judgment debtors, the judgment creditors or the persons with relevant rights and interests die, if they are individuals, or are consolidated, merged, dissolved, divided or separated, if they are legal entities, the rights and obligations to execute the judgments are transferred according to the provisions of law.

The Government shall prescribe the judgment execution procedures in case of transferring the rights and obligations to execute judgments.

Article 32.- Judgment execution exemption or reduction for legal costs, fine amounts

1. If the judgments debtors have no property, incomes or other conditions for judgment execution, they may be considered for exemption or reduction of judgment execution obligations after the following time limits expire:

a) Five years as from the date of issuance of judgment execution decisions for the legal costs without pre-fixed price rates and fine amounts in drug-related criminal cases, except where the judgment debtors are persons who have committed crimes in an organized manner, committed offenses time and again, abused their positions and powers for big illicit incomes, the time limit shall comply with the provisions at Point b, Clause 1 of this Article;

b) Ten years as from the date of issuance of judgment execution decisions for the legal costs with price rate and other fine amounts.

2. The judgment-executing bodies shall compile dossiers, requesting the competent courts prescribed in Clause 3 of this Article to consider the judgment execution exemption or reduction. The dossiers must include the written exemption or reduction applications of the judgment debtors, with certification of the People's Committees of communes, wards or district townships where such persons reside or the heads of the agencies or organizations where such persons work, and the records made by the executors, certifying the judgment execution conditions of the judgment debtors.

3. The courts of the same level with the judgment-executing bodies which have proposed the judgment execution exemption or reduction shall be competent to consider and decide on judgment execution exemption or reduction for the legal costs and fine amounts.

4. The subjects and conditions for consideration of judgment execution exemption or reduction for legal costs and fine amounts and the consideration of judgment execution exemption or reduction for such legal costs and fine amounts shall be prescribed by the Government.

Article 33.- Financial supports for judgment execution

In cases where the agencies and organizations which are compelled to execute the judgments operate with funding totally provided by the State budget are unable to execute the judgments, they shall be considered for supports from the State budget for the judgment execution.

The handling of material liability of the persons who have caused damage shall comply with law provisions.

The Government shall specify the financial supports from the State budget for judgment execution.

Article 34.- Notification on judgment execution

1. Decisions, notices, summons on judgment execution must be notified to the judgment creditors, the judgment debtors and the persons with relevant rights and interests.

The notified persons have the obligations to receive the notices and bear responsibility for their deliberate refusal to receive the notices.

2. The notification shall be made in the following forms:

a) The executors, judgment execution officials directly hand the papers prescribed in Clause 1 of this Article to the notified persons. In cases where it is difficult to make direct delivery, the notification shall be effected with registered mails sent through post offices.

If the notified persons are absent, the papers on judgment execution shall be handed over to the heads of the agencies where such persons work or the commune-level judicial officials or their relatives who have full civil act capacity and live in the same families. The persons who receive the papers on the notified persons' behalf must pledge to hand them in time and within the prescribed time limit to the notified persons. The hand over and receipt of notifications must be signed for certification;

b) In cases where the notification prescribed at Point a of this Clause cannot be effected, the original notifications must be posted up at the offices of the People's Committees of communes, wards or district townships where the notified persons reside or at their residence places if they can be identified.

The posting up must be recorded in writing, with the date of posting up, the notification contents and the up-posters being clearly inscribed, with certification of the local administrations;

c) In cases where the notification prescribed at Point a of this Clause cannot be effected or the posting up prescribed at Point b of this Clause yields no results, the public notice shall be made for two consecutive times on central or provincial/municipal newspapers, radio or television stations if the involved persons are identified as having been in such localities.

When the public notices are made on the mass media, the newspapers, radio or television agencies must send written certifications that such notification have been effected to the judgment-executing bodies for inclusion in the judgment execution files.

3. If the persons who are obliged to make such notification fail to properly fulfill their responsibility, they may, depending on the seriousness of their violations and the consequences thereof, be disciplined, administratively sanctioned or examined for penal liability under law provisions; if causing damage, they must pay compensations therefor.

4. The judgment execution decisions must be sent to the procuracies of the same level.

Article 35.- Handling of confiscated assets

The confiscated assets being weapons, explosives, radioactive substances, military equipment and technical means or objects of historical or cultural relics shall be handed to the State agencies managing such assets according to law provisions.

For other assets, the executors hand them to the finance bodies for handling according to law provisions.

Article 36.- Destruction of material evidences, assets

1. The destruction of material evidences and/or assets shall be carried out in the following cases:

a) The material evidences and/or assets must be destroyed under the court judgments or decisions;

b) The assets which, as declared by such judgments or decisions, must be returned to the involved parties, distrained or seized assets, which are damaged and no longer have value and are not reclaimed by the involved parties;

c) The assets which fall into the cases defined in Clause 4, Article 54 of this Ordinance.

2. The heads of the judgment-executing bodies must issue decisions to set up property destroying council comprising the executor as its president, the representative of the finance body of the same level as its member and representatives of the professional offices, if necessary. The procuracies of the same level shall supervise the destruction of material evidences and assets.

3. Funding for destruction of material evidences and assets under court judgments or decisions shall be provided by the State budget.