Nghị định 62/2015/ND-CP

Decree No. 62/2015/NĐ-CP dated July 18, 2015, guidelines for Civil Judgment Enforcement Law

Nội dung toàn văn Decree 62/2015/NĐ-CP guidelines for civil judgment enforcement law


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 62/2015/NĐ-CP

Hanoi, July 18, 2015

 

DECREE

GUIDELINES FOR CIVIL JUDGMENT ENFORCEMENT LAW

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Civil judgment enforcement No. 26/2008/QH12 dated November 14, 2008, amended in the Law No. 64/2014/QH13 dated November 25, 2014;

At the request of the Minister of Justice,

The Government promulgates a Decree to provide guidelines for civil judgment enforcement.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provide guidelines for some Articles of Law on Civil judgment enforcement No. 26/2008/QH12 dated November 14, 2008 and the Law No. 64/2014/QH13 dated on amendments to some Articles of the Law on Civil judgment enforcement on civil judgment enforcement procedures; the system of civil judgment enforcement authorities; junior enforcement officers, intermediate enforcement officers and senior enforcement officers (hereinafter referred to as “enforcement officers”); civil judgment enforcement inspectors, chief civil judgment enforcement inspectors and senior civil judgment enforcement inspectors (hereinafter referred to as “enforcement inspectors”); enforcement clerks; heads and deputies of civil judgment enforcement authorities; recruitment and designation of enforcement officers; equipment and benefits of enforcement officers, enforcement inspectors and other civil judgment enforcement officials.

Article 2. Regulated entities

This Decree applies to civil judgment enforcement authorities, civil judgment enforcement officials, organizations and individuals involved in civil judgment enforcement.

Article 3. Responsibility of the People’s Committees and relevant organizations for civil judgment enforcement

1. Within the scope of their competence prescribed by law, the People’s Committees and military headquarters shall cooperate and enable local civil judgment enforcement authorities to implement civil judgment enforcement laws; instruct relevant authorities to cooperate with civil judgment enforcement authorities in managing local civil judgment enforcement activities.

2. At the request of the Minister of Justice and the Prime Minister, establish civil judgment enforcement steering committees which provide guidance on major and/or complicated cases that affect social and political order or involve numerous organizations or administrative visions; the People’s Committees of provinces and districts at the request of heads of civil judgment enforcement authorities of the same provinces or districts shall establish civil judgment enforcement steering committees which assist Presidents of the People’s Committees in coordinating local authorities involved in civil judgment enforcement; resolve difficulties in cooperation; provide instructions on major and/or complicated cases that affect local social and political order.

The Ministry of Justice shall take charge and cooperate with the People’s Supreme Court, the People’s Supreme Procuracy, the Ministry of Public Security, the Ministry of Finance, Central Committee of Vietnamese Fatherland Front in provide instructions on operation of steering committees for civil judgment enforcement.

3. After 01 year from the effective date of a court judgment or court decision (hereinafter referred to as “judgment”), if the judgment creditor does not request enforcement of the judgment, the supervisory authority of the judgment creditor shall provide instructions on requesting enforcement.

Chapter II

PROCEDURES FOR CIVIL JUDGMENT ENFORCEMENT

Article 4. Time limit for requesting civil judgment enforcement

1. A litigant is entitled to request enforcement of a judgment within the time limit specified in Clause 1 Article 30 of the Law on Civil judgment enforcement.

2. Where enforcement of a judgment cannot be requested within the time limit specified in Clause 1 Article 30 of the Law on Civil judgment enforcement because of a force majeure event or inevitable difficulty, the litigant is entitled to request the head of a competent civil judgment enforcement authority to consider accepting the late request for enforcement.

3. The following events are considered force majeure events or inevitable difficulties:

a) Natural disasters, blazes, hostilities;

b) The litigant does not receive a judgment not because of their fault; the litigant is working in a bordering area or island and unable to request the enforcement on schedule; the litigant has an accident or disease that causes him/her to be lose his/her consciousness; the litigant dies without an inheritor; an organization undergoes amalgamation, merger, division, separation, dissolution or equitization without identifying another organization or individual entitled to request enforcement as prescribed by law or the litigant fails to request the enforcement before the deadline because of fault of the adjudicating authority, civil judgment enforcement authority, another organization or individual.

4. A late request for enforcement shall be submitted according to Clause 1 through 3 Article 31 of the Law on Civil judgment enforcement together with explanation and supporting documents. To be specific:

a) In case of a force majeure event, death of the litigant without an inheritor, or an inevitable difficulty, it is required to have a confirmation of the People’s Committee of the last commune where the litigant resides upon occurrence of the force majeure event, except for the cases specified in Point b through e of this Clause;

b) In case of an accident or disease that causes the litigant to lose his/her consciousness, it is required to have a brief medical record certified by the medical facility of the district or a superior medical facility;

c) In case of late request for enforcement because of the litigant’s working requirements, it is required to have a confirmation from the litigant’s employer;

d) In case of late request for enforcement because of the court or civil judgment enforcement authority, it is required to have a confirmation from the court that passed the judgment or a competent civil judgment enforcement authority;

dd) In case of amalgamation, merger, division, separation, dissolution or equitization of an organization, it is required to have a confirmation of the issuer of the decision on amalgamation, merger, division, separation, dissolution or equitization.

e) In case of other force majeure events or inevitable difficulties, it is required to have a confirmation from a competent authority or valid supporting documents.

The confirmation shall specify the location and time of the force majeure event or inevitable difficulty.

5. Where a litigant submits another request after a request for civil judgment enforcement is rejected before July 01, 2015, the civil judgment enforcement authority that rejected the previous request shall issue a decision on civil judgment enforcement and carry on the civil judgment enforcement. The request for civil judgment enforcement shall comply with Article 31 of the Law on Civil judgment enforcement and submitted together with relevant documents and the decision on rejection (if any).

If the decision on rejection is lost, the judgment creditor shall request the civil judgment enforcement authority to issue another decision on rejection and give a confirmation.

6. Where the judgment debtor is a criminal serving a sentence and his/her relative or an authorized person voluntarily pays money or deliver property to satisfy the judgment after expiration of the time limit for requesting enforcement, the civil judgment enforcement authority shall not issue a decision on extension of the time limit for requesting civil judgment enforcement. In this case, the civil judgment enforcement authority shall issue an enforcement order which covers the amount of money paid or property voluntarily delivered, a document which specifies the reasons and amount of money or value of property, and inform the judgment creditor.

If the judgment creditor does not show up to receive the money or property within 01 year from the day on which he/she is properly informed, the civil judgment enforcement authority shall expropriate it after deducting the amount of money to be paid or property to be delivered under another enforcement order.

Article 5. Civil judgment enforcement agreement

1. Where the litigants have reached an agreement before requesting enforcement or before the civil judgment enforcement authority issues a decision, the agreement must be made in writing and specifies the time, location and bear the parties’ signatures or confirmations.  Litigants shall voluntarily implement the agreement.

Where the judgment debtor fails to implement the agreement before expiration of the time limit for requesting enforcement, the judgment creditor is entitled to request enforcement of the unfulfilled obligations according to the judgment.

2. Where the civil judgment enforcement authority has issued an enforcement order, the litigants are still entitled to reach an agreement. The agreement shall specify the time, location, legal consequences for failure to implement it, and bear the parties’ signatures or confirmations.

Where the parties fail to implement the agreement, the civil judgment enforcement authority shall enforce the judgment in accordance with Point c Clause 1 Article 50 of the Law on Civil judgment enforcement.

3. Where the litigants reach an agreement to request the civil judgment enforcement authority not to implement part or all of the enforcement order, the head of the civil judgment enforcement authority shall issue a decision to suspend the implementation of part of or all of the decision in accordance with Point c Clause 1 Article 50 of the Law on Civil judgment enforcement, unless the agreement is illegal or immoral or impractical and thus affects the lawful rights and interests of a third party or is meant to avoid enforcement costs.

If such agreement is reached after property has been sold or delivered to another person to satisfy the judgment, it is required to obtain the buyer’s or recipient’s consent.

4. The enforcement officer shall witness and sign the agreement at the request of the litigants in the cases specified in Clause 2 and Clause 3 of this Article. Where the agreement is illegal or immoral or impractical and thus affects the lawful rights and interests of a third party or is meant to avoid enforcement costs, the enforcement officer is entitled to refuse to sign it and issue a record which provides explanation.

The person who requests the enforcement officer to witness the agreement outside the premises of the civil judgment enforcement authority shall reimburse the civil judgment enforcement authority for reasonable costs.

Article 6. Automatic issuance of enforcement order

1. The head of a civil judgment enforcement authority may issue a single order for automatic enforcement of certain portions of a judgment, except for the following cases:

a) If a judgment stipulates automatic return of money or property, each judgment creditor shall receive a separate enforcement order;

b) If a judgment stipulates more than one judgment debtors, each of them shall receive an order that covers the portions automatically enforced.

2. In case of enforcement of joint rights and obligations, the head of a civil judgment enforcement authority shall issue a single decision that covers people having joint rights and obligations.

3. Other state revenues specified in Point c Clause 2 Article 36 of the Law on Civil judgment enforcement that are automatically collected comprise tax arrears, assistance for the State and compensations provided for the State in extremely serious economic cases and corruption cases; other government budget revenues.

Article 7. Issuance of enforcement order on request

1. For each request for enforcement, the head of the civil judgment enforcement authority shall issue an enforcement order. Where there is one judgment debtor and more than one judgment creditors under a judgment and the litigants request enforcement at the same time, the head of the civil judgment enforcement authority shall issue a single enforcement order.

Where a piece of property or amount of money is to be received by more than one person under a judgment but only one or some of them request enforcement, the head of the civil judgment enforcement authority shall issue an enforcement order to each of the requesters and inform other judgment creditors that they have to request enforcement within 30 days from the day on which they are informed. After the aforementioned period, the enforcement officer shall transfer money or deliver possession of the property to the people who are informed but do not request enforcement or their representatives. The judgment creditors' rights to the property shall be settled as agreed or as prescribed by law.

2. Where the time limit for requesting civil judgment enforcement does not expire after the duration of a force majeure event or inevitable difficulty is deducted, the head of the civil judgment enforcement authority shall issue an enforcement order. If such time limit has expired, the civil judgment enforcement authority shall reject the request for civil judgment enforcement in accordance with Point c Clause 5 Article 31 of the Law on Civil judgment enforcement, except for the case specified in Clause 6 Article 4 of this Decree.

3. Issuance of decisions on enforcement of joint rights and obligations is specified in Clause 2 Article 6 of this Decree.

4. The civil judgment enforcement authority shall reject requests for civil judgment enforcement in accordance with Point a Clause 5 Article 31 of the Law on Civil judgment enforcement if the judgment does not specify the judgment debtor and obligations to implement it.

Article 8. Civil judgment enforcement dossier

1. The enforcement order is the basis for compiling the civil judgment enforcement dossier. Each enforcement order shall have a civil judgment enforcement dossier.

Within 02 working days, the enforcement officer shall compile the civil judgment enforcement dossier.

2. The civil judgment enforcement dossier shall demonstrate the process of enforcement by the enforcement officer and contains all documents that are and have been implementing and be retained in accordance with regulations of law on document retention.

Article 9. Verifying capacity for civil judgment enforcement

1. The enforcement officer shall request the judgment debtor to provide truthful and adequate information about his/her property, income, and capacity for civil judgment enforcement. The type and value of money or right to property; cash, money in account, loans and borrowings, value and conditions of each type of property or ownership thereof; periodic and irregular incomes, income payers, residences of minors in the custody of other people; ability to satisfy the judgment.

The enforcement officer shall specify in the verification record whether the judgment debtor provides information about his/her property, income, and capacity for civil judgment enforcement.

If the judgment debtor fails to provide information or to provide truthful information, the enforcement officer shall request imposition of administrative penalties depending on the seriousness of violations.

2. Where information about the judgment debtor’s property, residence, workplace or other information related to the civil judgment enforcement has to be verified, the head of the civil judgment enforcement authority may authorize in writing another civil judgment enforcement authority that has such information to verify.

The letter of authorization shall specify the authorizing party, authorized party and authorized tasks. The head of the authorized civil judgment enforcement authority shall send a written verification result and other information to the authorizing authority.

For verification of real property or personal property that has to be registered, the verification result shall be sent within 30 days from the authorization date. Where verification of property is difficult, the time limit may be extended but not exceeding 45 days from the authorization date.

For verification of other property and information, the verification result shall be sent within 15 days from the authorization date.

3. Where the judgment debtor’s address and/or property cannot be verified while he/she has to fulfill the obligations himself/herself, the head of the civil judgment enforcement authority shall issue a decision on suspension of civil judgment enforcement. The decision on suspension of civil judgment enforcement shall specify that the enforcement is suspended according to Point b Clause 1 Article 48 of the Law on Civil judgment enforcement.

4. Within 05 working days from the date specified in Clause 1 Article 44a of the Law on Civil judgment enforcement, the head of the civil judgment enforcement authority shall issue decision on suspension of civil judgment enforcement.

Within 10 days from the receipt of new information about the judgment debtor’s capacity for civil judgment enforcement from a litigant or another entity, the enforcement officer shall verify such information.

If the judgment debtor is capable of civil judgment enforcement after the decision on suspension of civil judgment enforcement is issued, the civil judgment enforcement authority shall issue a decision on resumption of civil judgment enforcement.

5. The civil judgment enforcement authority shall keep a separate log of the case within 03 working days from the day on which all of the following conditions are satisfied:

a) The judgment debtor still has to serve at least 02 more years of imprisonment sentence after 02 years from the issuance date of the decision on suspension of civil judgment enforcement or the judgment debtor’s new residence cannot be found or the 1-year time limit from the issuance date of the decision on suspension of civil judgment enforcement has expired;

b) At least 02 verifications are carried out in accordance with Clause 2 Article 44 of the Law on Civil judgment enforcement;

c) There is no new information about the judgment debtor’s capacity for civil judgment enforcement.

6. In the case specified in Clause 5 of this Article, if judgment debtor is capable, the civil judgment enforcement authority shall organize the civil judgment enforcement.

Article 10. Requesting enforcement officer replacement

1. A litigant is entitled to request replacement of the enforcement officer in the following cases:

a) The cases specified in Clause 5 Article 21 of the Law on Civil judgment enforcement;

b) The enforcement officer acted as the litigant’s or witness' defender in the same case;

c) The enforcement officer fails to carry out the enforcement on schedule;

d) The enforcement officer is found discriminatory in the performance of his/her duty.

2. A written request for replacement of the enforcement officer which specifies the reasons and basis for the replacement shall be sent to the head of the civil judgment enforcement authority. If the enforcement officer is also the head of the civil judgment enforcement authority, the request shall be sent to him/her or the head of its superior civil judgment enforcement authority.

3. Within 05 working days from the receipt of the request, the head of the civil judgment enforcement authority shall decide whether to replace the enforcement officer or reject the request and provide explanation.

Article 11. Disclosing information about judgment debtors

1. Within 05 working days from the issuance date of the decision on suspension of civil judgment enforcement, the civil judgment enforcement authority shall publish information about the judgment debtor’s name, address and obligations on the website of Civil Judgment Enforcement Administration and send it to the People’s Committee of the commune where information is verified. The decision shall be published for 03 months.

2. Within 03 working days from the day on which information about changes to the judgment debtor’s name, address and obligations is verified, the civil judgment enforcement authority which published the information shall rectify it.

3. Within 02 working days from the issuance date of the decision on suspension of civil judgment enforcement or written certification of the judgment debtor’s fulfillment of his/her obligations, the civil judgment enforcement authority shall remove the information from the aforementioned website.

Within 02 working days from the day on which the People’s Committee of the commune receives the decision on suspension of civil judgment enforcement or written certification of the judgment debtor’s fulfillment of his/her obligations, the People’s Committee of the commune shall stop publishing such information.

4. The State shall cover the cost of publishing, updating, providing information about the judgment debtors’ incapacity for civil judgment enforcement and maintenance of the websites mentioned in Clause 1 and Clause 2 of this Article.

5. The Ministry of Justice shall provide instructions on publishing, update, management, use, and provision of information about the judgment debtors’ incapacity for civil judgment enforcement on the websites of Civil Judgment Enforcement Administration and development of national civil judgment enforcement database.

Article 12. Civil judgment enforcement notifications

1. Notifications shall be directly sent to litigants and people having relevant interests and duties as follows:

a) Enforcement officers and officials in charge of civil judgment enforcement shall deliver notifications to recipients;

b) Postmen, people authorized by civil judgment enforcement authorities; chiefs of neighborhoods, villages, hamlets, Presidents of the People’s Committees of communes and chiefs of police authorities of communes, prison guards, heads of civil judgment enforcement authorities and police departments of districts shall deliver notifications to recipients who reside in their administrative divisions or are serving imprisonment sentences in their facilities.

2. A notification may be by fax, email or another manner at the request of the litigant or person having relevant interests and duties as long as it does not obstruct the civil judgment enforcement.

3. A litigant or person having relevant interests and duties whose address is changed shall inform the civil judgment enforcement authority. If the civil judgment enforcement authority is not informed of the new address, the previous address shall be considered valid.

4. Where a litigant or person having relevant interests and duties refuses to receive the notification, the deliverer shall issue a record which is signed by a witness and it will be considered that the notification has been validly delivered.

5. Civil judgment enforcement shall be published by means of mass media in accordance with Article 43 of the Law on Civil judgment enforcement and also on the website of the Civil Judgment Enforcement Administration.

Article 13. Application of security measures and forcible measures

1. The enforcement officer shall apply security measures and forcible measures according to the judgment, the enforcement order, the obligations to civil judgment enforcement; the judgment debtor’s capacity, the litigant’s requests and local conditions. The enforcement officer shall apply security measures and forcible measures in case of a decision of implementation of temporary emergency measures specified in Article 130 of the Law on Civil judgment enforcement.

The application of security measures and forcible measures must be suitable for the judgment debtor’s obligations and necessary costs, except for the case specified in Clause 4 Article 24 of this Decree. Where the judgment debtor only has one piece of property whose value is far higher than his/her liability and such property cannot be divided or will significantly loses its value if divided, the enforcement officer is still entitled to apply security measures and forcible measures to satisfy the judgment.

2. In the cases in which forcible measures must not be taken prescribed in the Law on Civil judgment enforcement, the civil judgment enforcement authority shall not take forcible measures for 15 days before and after lunar new year’s eve, traditional days for beneficiaries of incentive policies who are judgment debtors, and in other cases that threaten social or political order or local traditions.

3. Where necessary, the head of the civil judgment enforcement authority shall submit a report the President of the People’s Committee at the same level at least 05 days before taking forcible measures in major and/or complicated cases that affect social or political order according to Clause 1 Article 172, Clause 2 Article 173 and Clause 2 Article 174 of the Law on Civil judgment enforcement.

4. Where property that was given to the property recipient who signed the transfer note is re-appropriated, the civil judgment enforcement authority is not responsible for giving the property to such recipient again.

The judgment creditor is entitled to request the People’s Committee of the commune where the property is located to request the appropriator to return the property. If the appropriator fails to return the property, the judgment creditor is entitled to request a competent authority to impose administrative penalties or initiate criminal prosecution as prescribed by law.

Article 14. Suspension of civil judgment enforcement

1. The head of a civil judgment enforcement authority shall issue a decision on suspension of civil judgment enforcement in accordance with Point a and Point b Clause 1 Article 48 of the Law on Civil judgment enforcement if the judgment debtors have to fulfill their obligations themselves.

2. Where the judgment debtor has property other than that specified in Point b Clause 1 Article 48 of the Law on Civil judgment enforcement, the civil judgment enforcement authority shall seize it to satisfy the judgment.

Article 15. Transfer of rights and obligations to civil judgment enforcement

1. Rights and obligations to civil judgment enforcement shall be transferred to another person in accordance with Clause 2 Article 54 of the Law on Civil judgment enforcement. To be specific:

a) Where the judgment debtor dies and his/her property is managed or used by another person, the property manager or user shall deliver possession of the property to the judgment creditor within 30 days from the day on which he/she is informed by the civil judgment enforcement authority. If the judgment debtor fails to do so, the civil judgment enforcement authority shall enforce the delivery of property to the judgment creditor as prescribed by law, even if forcible measures have to be taken.

b) Where a judgment debtor dies and leaves an inheritance, the inheritor or inheritance manager shall reach an agreement on fulfillment of the judgment debtor’s obligations within 30 days from the day on which he/she is informed by the civil judgment enforcement authority. If the inheritor or inheritance manager fails to reach such agreement, the civil judgment enforcement authority shall take security measures and forcible measures against the inheritance to satisfy the judgment. Relevant persons are entitled to file a lawsuit within 30 days from the day on which they are properly informed by the civil judgment enforcement authority. The civil judgment enforcement authority shall seize the property to satisfy the judgment if no lawsuit is filed by the deadline.

Where an inheritor is not identifiable, the civil judgment enforcement authority shall make an announcement through the mass media and post a notice where the property is located and at the People’s Committee of the commune where the property is located for 03 months. If the inheritance is not claimed by the expiration of such period, the civil judgment enforcement authority shall seize the property to satisfy the judgment.

2. The transfer of rights and obligations to civil judgment enforcement specified in Clause 4 Article 54 of the Law on Civil judgment enforcement shall comply with regulations of the Civil Code on transfer of rights and obligations, must not affect the lawful rights and interests of other organizations and individuals and shall be made into a written document bearing signatures of the transferor and transferee.

Where judgment creditor transfers part or all of his/her right to civil judgment enforcement to a third person, the third person shall become judgment creditor who is entitled to the transferred right. The transferor shall send a written notification of the transfer to the judgment debtor and the civil judgment enforcement authority in charge. Rights to civil judgment enforcement may be transferred without the judgment debtor’s consent, unless otherwise agreed by the parties or prescribed by law.

A judgment debtor may not transfer his/her obligations to a third person without the judgment creditor’s consent.  The transferee shall voluntarily fulfill the judgment debtor’s obligations. Otherwise, security measures and forcible measures shall be taken in accordance with the Law on Civil judgment enforcement.

Article 16. Authorizing civil judgment enforcement

1. The head of the civil judgment enforcement authority shall authorize another civil judgment enforcement authority where the judgment debtor registers his/her property or the civil judgment enforcement authority of the administrative division where the property is located.

2. Where judgment debtor’s property is located in more than one place, the civil judgment enforcement authority shall authorize in the following order:

a) under agreement of litigants;

b) where property is sufficient to satisfy the judgment;

c) where the most valuable property is located or where most property is located.

3. Where a judgment imposes a lien on a piece of property which is located in another area, the civil judgment enforcement authority in charge of such area may be authorized.

4. The authorization decision shall specify the authorized contents, fulfilled obligations, unfulfilled obligations and information necessary for authorization.

The authorization decision shall be sent together with the judgment, copies of property seizure or property impoundment record and relevant documents. Where more than one civil judgment enforcement authority is authorized, copies of the judgment and relevant documents bearing the authorizing civil judgment enforcement authority shall be sent to the authorized civil judgment enforcement authorities.

5. Where the judgment debtor’s does not have any property, residence, job or office locally, the authorized civil judgment enforcement authority shall follow instructions in Article 44a of the Law on Civil judgment enforcement. Where it is determined that the judgment debtor has a residence, property, job or office in another administrative division, the civil judgment enforcement authority in charge of such administrative division shall be authorized to carry out civil judgment enforcement.

Article 17. Civil judgment enforcement in case of change to property price

1. The enforcement officer shall organize property valuation in case of change to the property price in accordance with Article 59 of the Law on Civil judgment enforcement and at least one of the litigant requests the valuation if the property price changes by at least 20% compared to the effective judgment.

2. The person requesting property valuation shall provide documents proving the change to property rice. Such documents may be the price bracket imposed by a competent authority or market price of identical or similar property in the same area or actual price of the same kind of property in the area.

Within 30 days from the receipt of the request for property valuation and supporting documents, the enforcement officer shall follow valuation procedures specified in Article 98 of the Law on Civil judgment enforcement. The valuation cost shall be paid by the person requesting the valuation.

3. Within 05 days from the day on which the valuation result is given, the enforcement officer shall request the recipient of property to pay the difference to the recipient of the judgment sum.

If the recipient of property fails to pay the judgment sum within 30 days from the receipt of the payment request, the enforcement officer shall issue a decision to sell the property at auction to satisfy the judgment. Late payment interest shall not be charged.

4. The property seizure cost specified in Clause 3 of this Article shall be paid by the litigants which is proportional to the amount of money or value of property they receive in accordance with regulations of law on forcible enforcement cost.

5. If the property manager fails to voluntarily deliver possession of the property to the successful bidder, forcible measures shall be taken and the property manager shall pay the forcible enforcement cost.

Article 18. Impoundment of property and documents to satisfy judgments

1. Where necessary, the enforcement officer shall request the police or other entities to assist in impoundment of property or documents to satisfy the judgment.

2. The impoundment record shall specify the owner’s name, the type of property or documents; quantity, sizes and other features of the property or document.

In case of impoundment of money, it is required to specify the quantity, face values, currency and, if necessary, serial numbers.

In case of impoundment of valuable metals or gemstones, they must be sealed at the in the presence of the owner or his/her relatives. Where the owner or his/her relative refuses to witness the impoundment, another witness is required. The seal must specify the type, quantity, weight and other features of the property sealed, bear the signatures of the enforcement officer, the owner or his/her relative or the witness. The sealing shall be mentioned in the impoundment record.

Impounded property or documents shall be stored in accordance with Article 58 of the Law on Civil judgment enforcement.

3. When the impounded property or documents are returned, the enforcement officer shall request the recipient to present documents proving his/her ownership of the property or documents or a letter of authorization.

The enforcement officer shall request the recipient to check the quantity, weight, sizes and other features of the property or documents in the presence of the warehouse keeper.

The return shall be recorded in writing.

4. Civil judgment enforcement authorities shall deal with property and documents that are not received in accordance with Clause 2 through 4 Article 126 of the Law on Civil judgment enforcement.

Article 19. Suspension of registration, transfer of right to ownership, right to enjoyment or right to make changes to property

From the day on which the decision on suspension of registration, transfer of right to ownership, right to enjoyment or right to make changes to property, relevant entities shall not register, transfer right to ownership, right to enjoyment or right to make changes to the property until receiving another decision on termination of the suspension from the enforcement officer.

Article 20. Freezing accounts and property

1. The decision on freezing accounts and property shall specify the amount of money in the account or value of property frozen. The enforcement officer shall give the freeze decision to the legal representative of the State Treasury, credit institution or entity managing the account or property or the document recipient of such entity, and issue a transfer note.

The transfer note shall bear the signatures of the enforcement officer and the recipient of the freeze decision. Where the recipient of the freeze decision refuses to sign it, another witness shall sign it.

The freeze decision shall be immediately sent to the entity managing the account or property frozen.

2. Where the legal representative or document recipient of such entity refuses to receive the freeze decision, the enforcement officer shall issue a note of rejection which bears the signatures of a witness and post the freeze decision at their premises.

The legal representative or document recipient shall be legally responsible for such rejection and pay compensation for any damage caused.

3. The enforcement officer shall keep confidentiality of information about the account or property frozen, which might be provided by the account or property manager.

Article 21. Account garnishment

1. The garnishment decision shall contain:

a) Issuance date of the decision;

b) Basis for issuance of the decision;

c) The judgment debtor’s name and account number;

d) Name and address of the State Treasury or credit institution where the account is opened (hereinafter referred to as “garnishee”);

dd) Amount of money garnished;

e) Name and account number of the civil judgment enforcement authority which receives the garnished money;

g) Time limit for garnishment.

2. Where the judgment debtor opens multiple deposit accounts at more than one State Treasuries or credit institutions, the enforcement officer shall decide whether to garnish one or multiple accounts as long as the judgment is fully satisfied and forcible enforcement cost are fully covered.

3. Relevant garnishees shall garnish the account(s) as soon as the garnishment decision is received and pay compensation for any damage caused by their failure to comply with the garnishment decision.

Article 22. Collecting money from judgment debtor’s profit

1. The enforcement officer shall periodically collect money from the judgment debtor’s profit depending on his/her business.

The enforcement officer shall determine the amount according to business records and actual business performance of the judgment debtor.

2. The amount retained by the judgment debtor must be able to maintain the level of subsistence of the judgment debtor and his/her dependants. The subsistence level of the judgment debtor and his/her dependants shall be determined according to the local poverty standards or those established by the Prime Minister.

The minimum amount retained by the judgment debtor shall be determined by the enforcement officer according to the business line and scope, and may be adjusted.

Article 23. Collecting judgment debtor’s money or property held by a third party

1. Where it is suspected that a third party is holding the judgment debtor’s money or property, the enforcement officer shall request the third party in writing to give up the money or property to satisfy the judgment.

Otherwise, security measures and forcible measures shall be taken to satisfy the judgment.

The judgment debtor shall pay for the forcible enforcement cost.

2. Where the third party fails to comply with the enforcement officer’s request and give the money or property to the judgment debtor or another person instead, the third party shall pay compensation for the judgment creditor as prescribed by law.

3. Where it is discovered that an organization or individual is paying the judgment debtor an amount of money or property which is owed to the judgment creditor according to the judgment, the enforcement officer shall request such organization or individual to deliver the amount of money or possession of property to the civil judgment enforcement authority to satisfy the judgment. Otherwise, the enforcement officer shall take forcible measures against such organization or individual to satisfy the judgment.

The forcible enforcement cost shall be paid by the entity against which the forcible measures are taken.

Article 24. Seizure of property to satisfy judgments

1. From the effective date of the judgment, if the judgment debtor converts, gifts, transfers or mortgages his/her property but fails to use the proceeds therefrom satisfy the judgment and no other property or other property is not sufficient to satisfy the judgment, the aforementioned property shall still be seized to satisfy the judgment, unless otherwise prescribed by law. Where there is dispute over the property seized, the enforcement officer shall inform the litigants and parties to the dispute in accordance with Clause 1 Article 75 of the Law on Civil judgment enforcement.

Where preventive measures, temporary emergency measures, security measures and forcible measures have been taken but the property is still converted, gifted, transferred or mortgaged, it shall be seized to satisfy the judgment. The enforcement officer shall request the court to nullify such transaction or request a competent authority to invalidate every document about such transaction.

2. Seizure of property under joint ownership of the judgment debtor and other people:

a) The civil judgment enforcement authority shall only seize land use right, house and other property on land if other property is not sufficient to satisfy the judgment or at the request of litigants as prescribed in Clause 4 of this Article;

b) Where the judgment debtor and other people have joint ownership of a piece of property which has been divided among them, the enforcement officer shall seize the judgment debtor’s share to satisfy the judgment accordance with Clause 2 Article 74 of the Law on Civil judgment enforcement. If the judgment debtor’s share cannot be determined, Clause 1 Article 74 of the Law on Civil judgment enforcement shall apply, except for the case specified in Point c of this Clause;

c) For property under joint ownership of spouses, the enforcement officer shall determine the wife’s share and the husband’s share in accordance with marriage laws and inform them.

For property or land use right under joint ownership of a household, the enforcement officer shall determine each member’s share at the time such ownership is established or the time land is allocated, leased by the State or the time the land use right is certified by the State. The notify shall notify the household members of their share.

A spouse or household member does not concur with the enforcement officer’s decision is entitled to request a court to divide the shared property within 30 days from the day on which he/she is informed. If no lawsuit is filed within the said 30-day period, the enforcement officer shall seize judgment debtor’s share of property.

3. Where it is discovered that the value of lawfully mortgaged property is equal to or smaller than the judgment debtor’s liability according to the mortgage contract, the enforcement officer shall inform the mortgagee and request the mortgagee to inform the civil judgment enforcement authority when all contractual obligations are fulfilled or when the mortgaged property is liquidated.

The civil judgment enforcement authority shall seize the property after redemption or collect the remaining amount after the property is liquidated (if any) to pay for the concluded contract.

The mortgagee shall pay compensation for his/her failure to inform or to punctually inform the judgment creditor.

4. Where the judgment debtor voluntarily gives up a specific piece of property which is sufficient to satisfy the judgment and cover relevant costs, the enforcement officer shall explain that the judgment debtor has to pay relevant costs and seize the property to satisfy the judgment. The judgment debtor shall be restricted from making transactions of other property until the judgment is fully satisfied.

5. The civil judgment enforcement authority shall only seize other property of an enterprise if the judgment is not fully satisfied after garnishing the enterprise’s account(s), seizing precious metals, gemstones and debt instruments, whether they are held by the enterprise or a third party, unless otherwise prescribed by the court judgment or agreed by the litigants.

6. Where the judgment debtor voluntarily gives up his/her property as prescribed in Point a Clause 1 Article 7a of the Law on Civil judgment enforcement to fulfill his/her obligations, the enforcement officer shall issue a record,  which is the basis for the enforcement officer to deliver or valuate and liquidate the property. The valuation cost, liquidation cost and other relevant costs shall be paid by the judgment debtor.

Where the judgment debtor voluntarily gives up his/her only house but it is still not sufficient to fulfill his/her obligations and he/she is not able to lease another house or find another residence, the enforcement officer shall follow instructions in Clause 5 Article 115 of the Law on Civil judgment enforcement.

Article 25. Agreement on valuating body

1. Where the litigants have an agreement on a valuating body in the province where the property is located or another province, the enforcement officer shall conclude a contract with the valuating body appointed by the litigants.

2. A valuating body verifying value of seized property shall be appointed similarly.

Article 26. Valuating seized property

1. Where a service contract cannot be concluded as prescribed in Point a Clause 3 Article 98 of the Law on Civil judgment enforcement, the enforcement officer may appoint and sign a contract with a valuating body in a province other than that where the seized property is located. If such contract cannot be concluded, the enforcement officer shall consult with a finance authority at the same level or another agency in charge of management of the same kind of property about valuation of the seized property. The consultation shall be made into a record which is signed by the enforcement officer and the finance authority of specialized agency.

If the finance authority or specialized agency does not offer any opinion in writing within 15 days from the receipt of the enforcement officer’s request, the head of the civil judgment enforcement authority shall request the President of the People’s Committee at the same level to request relevant agencies to offer opinions about valuation of the seized property.

2. A piece of property is said to be of little value mentioned in Point b Clause 3 Article 98 of the Law on Civil judgment enforcement if at the time of valuation, the market price of an identical or similar unused piece of property of the same kind does not exceed VND 10,000,000.

Article 27. Auction of seized property

1. Where more than one joint owner wish to buy the judgment debtor’s share of property at the set price, the enforcement officer shall request the joint owners to reach an agreement with the person holding the right to buy the property. If an agreement cannot be reached, the enforcement officer shall select a buyer by drawing lots.

2. The value of auctioned personal property specified in Point b Clause 3 and Clause 4 Article 101 of the Law on Civil judgment enforcement means the value of each piece of personal property; for items of the same kind and integrated items, total value of the pieces of personal property in an auction to satisfy a judgment.

3. The successful bidder shall transfer money to the account of the civil judgment enforcement authority within 15 days from the wining date.

Within 30 days (or 60 days for complicated cases) from the day on which the successful bidder fully transfers the payment, the civil judgment enforcement authority shall deliver possession of the property to the successful bidder unless there is a force majeure event.

The auctioneering body shall cooperate with the civil judgment enforcement authority in delivering possession of property to the successful bidder. Any entity that illegally intervenes or obstructs the delivery of property possession shall pay compensation for any damage to the successful bidder.

4. The civil judgment enforcement authority shall pay judgment sum the judgment creditor in accordance with Article 47 of the Law on Civil judgment enforcement within 10 days from the day on which possession of the property is delivered to the successful bidder.

Before possession of the property is delivered, the civil judgment enforcement authority shall follow procedures to transfer the money to a bank account with 1-month term. The interest generated shall be aggregated with the initial deposit to satisfy the judgment. Where possession of the property cannot be delivered, the interest shall be given to the successful bidder, unless otherwise agreed or prescribed by law.

Where possession of the property cannot be delivered to the successful bidder by the deadline specified in the sale contract, the successful bidder is entitled to terminate the contract.

5. Where the successful bidder refuses to buy the property or has not paid any other amounts after the sale contract is concluded, the deposit shall be transferred to state budget and used to cover late payment interest, advance compensation, enforcement costs and other relevant costs.

Where the successful bidder fails to fully or punctually pay for the property under the sale contract, the payment shall be dealt with in accordance with the sale contract and auction laws.

The civil judgment enforcement authority shall hold an auction as prescribed by law.

Article 28. Registration and issuance of Certificates of right of ownership of property

1. Where the civil judgment enforcement authority cannot recover documents about the property as prescribed in Point e Clause 3 Article 106 of the Law on Civil judgment enforcement, written requests for invalidation of old documents and issuance of new documents shall be sent to the document issuers.

2. Where property is land use right and property on land that is granted a certificate of land use right and ownership of property on land (hereinafter referred to as land use right certificate) which is not recoverable:

a) The civil judgment enforcement authority shall send a written explanation for failure to recover the land use right certificate to the land registry that issued the land use right certificate;

b) Within 30 days from the receipt of the explanation, the land registry shall request the issuer of the land use right certificate to invalidated the old certificate and issue a new one in accordance with land laws.

3. Where property is land use right and property on land that is not granted a certificate of land use right but eligible for one, a competent authority shall issue the land use right certificate in accordance with land and housing laws.

Article 29. Transfer of intellectual property rights

Where the enforcement officer decides to transfer the intellectual property rights to another entity in accordance with the Law on Intellectual property, such transfer must comply with regulations of law on transferring intellectual property rights.

Article 30. Valuation of intellectual property rights

1. Intellectual property rights shall be assessed in accordance with regulations of law on pricing and valuation of intellectual property rights.

2. The entity that wishes to have intellectual property rights valuated shall pay the valuation costs in accordance with Article 73 of the Law on Civil judgment enforcement.

Article 31. Auctioning intellectual property rights

1. The power to auction intellectual property rights:

a) An auctioneering body shall organize auctions of intellectual property rights assessed at over VND 10 million;

b) An enforcement officer shall organize auctions of intellectual property rights assessed at up to VND 10 million or in provinces where no auctioneering body is available or agrees to sign an auctioneer service contract.

2. Intellectual property rights shall be auctioned in accordance with regulations of law on property auction.

Article 32. Handling evidence and property expropriated

1. A finance authority at the same level with the civil judgment enforcement authority, the provincial finance authority or the authority keeping the evidence or property shall handle evidence and property that are expropriated in accordance with Article 124 of the Law on Civil judgment enforcement and regulations of law on establishment of state ownership of property and management thereof.

2. The civil judgment enforcement authority shall send a notice to and request the responsible authority to receive the evidence or property within 10 days from the day on which the notice is received.

If the evidence or property is not received by the aforementioned, the responsible authority shall pay the storage costs and incur all risks.

The transfer of expropriated evidence and property shall be carried out at the warehouse of the civil judgment enforcement authority keeping the evidence or property; the judgment enforcement is complete at the time of receipt of the evidence or property.

3. Where a competent finance authority delegates the handling of expropriated evidence or property, the civil judgment enforcement authority in charge shall follow expropriation procedures after expropriation costs are deducted and establish state ownership of the property and manage it.

Article 33. Destruction of evidence or property

1. The destruction council shall carry out destruction of evidence or property within 10 days from the day on which it is established.

2. Evidence and property may be destroyed by burning, crushing or other appropriate methods.

In case of destruction of harmful chemicals or other items that requires special equipment or expert’s participation, the enforcement officer shall sign a contract with the expert or an organization capable of destroying them in order to ensure safety and avoid environmental damage.

3. The destruction cost shall be covered by state budget.

Article 34. Application of security measures in case of entrustment of joint liability fulfillment

In case of entrustment of joint liability fulfillment, if the judgment debtor has residences or property in more than one administrative divisions and the property in one administrative division is not sufficient to satisfy the judgment, the civil judgment enforcement authority may apply security measures against relevant people and property to prevent avoidance of civil judgment enforcement.

Article 35. Implementation of temporary emergency measures

1. The head of the civil judgment enforcement authority shall authorize another civil judgment enforcement authority of the province where the judgment debtor resides or his/her property is located to take the following temporary emergency measures if the judgment debtor or his/her property moves to another province:

a) Forbid certain acts; grant custody of the minor to another organization or individual; suspend the dismissal decision;

b) Enforce provision of part of alimony; enforced provision of part of compensation for loss of life or health; enforce advance payment of salary, compensation, occupational accident or occupational disease benefits for the worker;

c) Seize the property under dispute;

d) Allow harvest and sale of farm produce or other goods.

2. The head of the civil judgment enforcement authority shall immediately issue a decision to entrust the civil judgment enforcement as soon as the basis for entrustment is available. The head of the entrusted civil judgment enforcement authority shall issue an enforcement decision and request an enforcement officer to take the measures specified in Article 130 of the Law on Civil judgment enforcement.

Article 36. Values of property reimbursement in case of cassation or reopening

The value of property for which the initial owner is reimbursed in case of partial or full adjustment or cancellation of a court judgment prescribed in Clause 3 Article 135 of the Law on Civil judgment enforcement is the market price of the property in the area at the time of reimbursement.

Article 37. Verifying result of civil judgment enforcement

1. The head of the civil judgment enforcement authority shall issue a written verification of the fulfillment of the litigants’ rights and obligations under the enforcement order at their or their relative's request.

2. The written verification shall specify the obligations and the result of civil judgment enforcement at the time of verification.

The result of civil judgment enforcement shall specify whether a litigant has partially or fully discharged his/her obligations under the enforcement order (or the obligations of each period in case of periodic obligations).

Article 38. Settlement of complaints against civil judgment enforcement

1. If a complaint is not accepted, the receiving body shall reply the complainer within 05 working days from the day on which the complaint is received.  Only one reply shall be made. If the complainer encloses original documents related to the case, they shall be returned.

If the complaint also contains denunciation, they shall be processed separately according to corresponding regulations of law.

2. Where a complaint is not processed by the deadline, the head of the superior civil judgment enforcement authority shall request the inferior authority to process it, supervise it processing the complaint and take actions against irresponsibility or unreasonable delay. A case that is beyond its capacity shall be transferred to a competent authority.

3. The decision on initial settlement of complaint shall be issued by the competent person regarding an effective decision on implementation of security measures.

4. An effective decision on complaint settlement shall be reviewed in accordance with Point b Clause 4 and Point b Clause 7 Article 142 of the Law on Civil judgment enforcement in the following cases:

a) The decision or act complained against is illegal but the decision on complaint settlement says it is legal;

b) The complaint processing violates regulations of law on procedures for processing civil judgment enforcement complaints;

c) There is a new circumstance that basically changes the complaint settlement result.

5. Where a litigant keeps making filing complaints after a complaint is settled without giving new evidence, the person in charge of complaint settlement shall retain the complaints and inform the litigant.

Article 39. Entities whose liabilities are covered by state budget

1. Regulatory bodies.

2. Political organizations, socio-political organizations and their affiliates whose operations are fully covered by state budget.

3. Public service agencies established by state budget whose operations are fully covered by state budget.

4. Armed forces whose operations are fully covered by state budget.

Article 40. Conditions for state funding for satisfying judgments

A judgment debtor that is an organization may have its liability covered by state budget if the person at fault is not able to satisfy the judgment or to fully satisfy the judgment and its budget is also not sufficient to satisfy the judgment. Where the liability of an organization is caused by a law enforcement officer in the performance of his/her duty which is eligible for state compensation, regulations of law on state compensation shall apply.

Article 41. Power to decide state funding for satisfying judgments

1. Judgment debtors that are central authorities shall be funded by central government budget; Judgment debtors that are local authorities shall be funded by local government budgets; Judgment debtors that are military units shall be funded by state budget.

2. The power and levels of funding shall comply with state budget laws.

Article 42. Procedures for state funding

The judgment debtor eligible for state funding shall compile an application for state funding.

The Ministry of Justice and the Ministry of Finance shall provide instructions on documents, time limits, procedures for processing applications for state funding, cost estimation, funding provision and reimbursement.

Funding provided for satisfying judgments must not be used for other purposes.

Article 43. Forcible enforcement cost

1. Other necessary costs specified in Point c Clause 3 Article 73 of the Law on Civil judgment enforcement comprise:

a) Cost of meetings between the enforcement officer and relevant bodies before enforcement;

b) Forcible enforcement cost in case the seized property cannot be liquidated as prescribed in Clause 3 Article 104 of the Law on Civil judgment enforcement; the value of seized property specified in Article 90 of the Law on Civil judgment enforcement is equal to or smaller than the cost and liability; the seized property is no longer usable; the judgment debtor has to return or give up the property under the judgment without being able to pay the forcible enforcement cost; the judgment debtor makes a getaway or dies without leaving any property;

c) Costs of valuation and determination of property value before enforcement and necessary costs specified in Article 90 of the Law on Civil judgment enforcement;

d) Costs of impoundment of the judgment debtor’s documents without collecting money from the judgment debtor;

dd) Costs of translation and/or interpretation for foreign litigants or ethnic litigants who do not speak Vietnamese;

e) Cost of suspension of enforcement specified in Point a, b, dd, dd Clause 1 Article 50 of the Law on Civil judgment enforcement;

g) Costs that are paid before the enforcement is cancelled by a competent authority.

2. Payments for participants in the forcible enforcement specified in Clause 7 Article 73:

a) Participants are the enforcement officer and other enforcement officials, police officers, militia members, representatives of the local government, social organizations, the neighborhood or village, and other forces mobilized in the enforcement;

b) Participants shall be paid in case of protection of the forcible enforcement, declaring the forcible enforcement, impoundment of property or documents, discussion about the forcible enforcement, discussion about valuation and re-valuation of property without signing a contract with an auctioneering body; direct participation in the enforcement where necessary;

3. The Ministry of Finance and the Ministry of Justice shall specify the payments and provide a mechanism for management of forcible enforcement budget.

Article 44. Exemption and reduction of forcible enforcement cost

1. The head of the civil judgment enforcement authority in charge shall consider granting exemption of reduction of forcible enforcement cost to a litigant that is a natural person may in any of the following cases:

a) The litigant’s income is not able to maintain his/her level of subsistence or the judgment debtor is facing prolonged financial difficulties because of a natural disaster or conflagration.

The level of subsistence is determined according to Clause 2 Article 22 of this Decree.

b) The litigant is a beneficiary of preferential policies or war veteran.

c) The litigant is disabled or chronically sick.

2. The litigant shall submit an application for exemption or reduction of forcible enforcement cost which specifies the reason for exemption or reduction.

A litigant facing financial difficulties shall obtain a confirmation from the People’s Committee of the commune where he/she resides or from his/her income payer. A litigant who is a beneficiary of preferential policies or war veteran shall provide supporting documents. A litigant who is disabled or chronically sick shall provide medical records confirmed by the health facility of the district or a superior health facility.

Within 05 working days from receipt of the application and enclosed documents, the civil judgment enforcement authority shall consider granting exemption or reduction of forcible enforcement cost.

3. Exemption and reduction level:

a) The litigants mentioned in Point a and c Clause 1 of this Article shall be granted 50% reduction of the forcible enforcement cost;

b) The litigants mentioned in Point b Clause 1 of this Article who have paid 50% of the forcible enforcement cost shall have the remainder exempted.

4. The person that fails to follow procedures for valuation or issues an unconformable decision on exemption or reduction of forcible enforcement cost shall reimburse state budget for the forcible enforcement cost.

The decision on exemption or reduction of forcible enforcement cost shall be revoked by the head of the civil judgment enforcement authority if it is discovered that the judgment debtor attempts to avoid the enforcement or provide untruthful information to be granted exemption or reduction of enforcement cost.

Article 45. Advance payment, estimation and statement of forcible enforcement cost

1. Payment for forcible enforcement cost shall be advanced as follows:

a) The civil judgment enforcement authority shall advance part of its budget to pay the forcible enforcement cost. The advanced amount varies according to each civil judgment enforcement authority and approved by the Ministry of Justice, the Ministry of National Defense and the Ministry of Finance.

Before forcible enforcement cost is paid by the judgment debtor or judgment creditor, the civil judgment enforcement authority shall advance funding to the enforcement officer to carry out the forcible enforcement.

b) Before the forcible enforcement is carried out, the enforcement officer shall formulate an enforcement plan or estimate forcible enforcement cost and request the head of the civil judgment enforcement authority to approve it. The forcible enforcement cost shall be estimated according to the expenditures prescribed by law and notified to the litigants before the enforcement is carried out in accordance with Article 39 through 43 of the Law on Civil judgment enforcement.

On the basis of the estimated forcible enforcement cost or enforcement plan, the enforcement officer shall follow procedures for advancing funding, unless the litigant voluntarily advances the money.

2. The Ministry of Finance and the Ministry of Justice shall provide guidance on advance payment, estimation and statement of forcible enforcement cost.

Article 46. Enforcement fees, collection, management and use of enforcement fees

1. The judgment creditor shall pay the enforcement fee when receiving money or property as follows:

a) 3% of the money or value of property received if it is exceeding twice the base salary specified by the State but not exceeding VND 5,000,000,000;

b) VND 150,000,000 plus 2% of the money or value of property in excess to VND 5,000,000,000 if the money or value of property received is exceeding VND 5,000,000,000 but not exceeding VND 7,000,000,000;

c) VND 190,000,000 plus 1% of the money or value of property in excess to VND 7,000,000,000 if the money or value of property received is exceeding VND 7,000,000,000 but not exceeding VND 10,000,000,000;

d) VND 220,000,000 plus 0.5% of the money or value of property in excess to VND 10,000,000,000 if the money or value of property received is exceeding VND 10,000,000,000 but not exceeding VND 15,000,000,000;

dd) VND 245,000,000 plus 0.01% of the money or value of property in excess to VND 15,000,000,000 if the money or value of property received is exceeding VND 15,000,000,000.

2. Where the civil judgment enforcement authority has issued an enforcement order and witnessed the delivery of money or possession of property between the litigants, only 1/3 of the fee specified in Clause 1 of this Article shall be paid.

3. Where the court did not specify the property value or the property value specified is no longer appropriate (changed by more than 20%) when enforcement fee is collected, the collecting body shall organize property valuation in order to determine the enforcement fee payable by the judgment creditor. The valuation cost shall be paid by the civil judgment enforcement authority from the retained enforcement fees.

4. The civil judgment enforcement authority shall collect the enforcement fee when giving money or property to the judgment creditor and issue a receipt.

If the judgment creditor fails to pay the enforcement fee, the collecting body is entitled to take security measures and forcible measures, even by selling the property at auction to collect the enforcement fee. The valuation and auction costs in this case shall be paid by the judgment creditor.

5. The Ministry of Finance and the Ministry of Justice shall establish procedures for collecting, granting exemption and reduction, management and use of enforcement fees.

Article 47. Cases in which enforcement fees are exempt

The judgment creditor shall be exempt from paying the enforcement fee when the money or property received is:

1. Alimony, compensation for loss of life, health, dignity; salary; redundancy pay, severance pay; social insurance payout, compensation for illegal dismissal or termination of employment contract.

2. Funding for execution of poverty reduction programs, support for remote areas, disadvantaged areas and extremely disadvantaged areas; funding for non-profit provision of healthcare and education services received by the judgment creditor.

3. The items have only spiritual value and do not have monetary value. 

4. An amount of money of property the value of which does not exceed twice the base salary specified by the State.

5. Collected loans of Vietnam Bank for Social Policies granted to poor people and other beneficiaries of incentive policies.

6. The judgment specifies that enforcement fee is exempt.

7. Money or property returned to the litigant in case of voluntary satisfaction of the judgment prescribed in Point b Clause 2 Article 36 of the Law on Civil judgment enforcement.

Article 48. Exemption and reduction of enforcement fee

1. The judgment creditor shall be exempt from paying the enforcement fee if he/she:

a) is eligible for war veteran benefits;

b) is living alone (confirmed by the People’s Committee of the commune where he/she resides); is chronically sick (confirmed by the health facility of the district or a superior health facility);

c) is verified after the civil judgment enforcement authority has issued a decision on suspension of civil judgment enforcement as prescribed in Clause 1 Article 44a of the Law on Civil judgment enforcement and the civil judgment enforcement authority has liquidated the property to satisfy the judgment.

2. The judgment creditor might have the enforcement fee reduced as follows:

a) Up to 50% reduction if the judgment creditor is facing financial difficulties as specified in Clause 2 Article 22 of this Decree and such financial difficulties are confirmed by the People’s Committee of the commune where he/she resides or by his/her employer;

b) 30% reduction of the enforcement fee proportional to the money obtained from liquidation of the judgment debtor’s property which is verified by the judgment creditor and the civil judgment enforcement authority is able to liquidate the property to satisfy the judgment without having to take forcible measures, unless the property is specified in the judgment;

c) 20% reduction of the enforcement fee in the case specified in Point b of this Clause if forcible measures have to be taken, unless the property is specified in the judgment.

Article 49. Procedures for delivery of money or possession of property to satisfy judgments

1. In case of payment of the judgment sum as prescribed in Point b Clause 2 Article 47 of the Law on Civil judgment enforcement, the enforcement officer shall determine the payment requested by the judgment creditor before the decision on forcible enforcement is issued.

Where a judgment includes more than one judgment creditors but only some of them request enforcement of the judgment and the judgment debtor’s property is not sufficient to satisfy the judgment, the civil judgment enforcement authority shall pay the judgment creditors that request enforcement within their shares, send the remainder to a bank account as 1-month deposit, inform and give the judgment creditors that have not requested enforcement 1 month to claim their shares, unless the time limit has expired.

If the civil judgment enforcement authority does not receive any request for enforcement, the deposit and interest shall be paid to the judgment creditors that have requested enforcement by the deadline; the remainder (if any) shall be paid to judgment creditors under other enforcement orders at that time or returned to the judgment debtor.

2. If the money recipient is a natural person, the civil judgment enforcement authority shall request the recipient in writing to receive the money at premises of the civil judgment enforcement authority.

If the recipient does not show up to receive the money within 15 days and the amount is smaller than 01 month’s base salary prescribed by the State, the civil judgment enforcement authority shall send money to the recipient by post. If the money is returned by the post office because it is not received, it shall be dealt with in accordance with Clause 5 of this Article.

The civil judgment enforcement authority shall transfer the money if the recipient wishes to receive it by bank account.

3. If the judgment creditor is an enterprise, regulatory body, social organization or social-economic organization, the judgment sum shall be sent by wire transfer.

If the judgment creditor sends a legal representative to receive the judgment sum at the civil judgment enforcement authority before the civil judgment enforcement authority transfers the money collected, such representative may receive cash.

4. If both the judgment debtor and judgment creditor are present at the civil judgment enforcement authority at the same time, the enforcement officer may gives the money or property obtained to the litigant after the enforcement fee is deducted. It is required to issue a delivery note which specifies the time, location, names of litigants, money or property delivered, signatures of litigants and the enforcement officer and a confirmation of the People’s Committee of the commune where the delivery takes place. The delivery note shall be given to the litigants, enclosed with the enforcement dossier and sent to accountants of the civil judgment enforcement authority.

5. The civil judgment enforcement authority shall send money to a bank account or a warehouse in accordance with Clause 2 Article 126 of the Law on Civil judgment enforcement in the following cases:

a) The recipient’s address is not determined or the money is going to expire in 15 days from the notification date, except for the case specified in Clause 3 of this Article in which the judgment creditor does not show up to receive it;

If the recipient shows up to receive the money or property after it is sent to a bank account or warehouse, the civil judgment enforcement authority shall give it to the recipient. The amount given to the recipient is inclusive of the deposit interest.

If the judgment creditor does not show up to receive the money or property within 05 years from the effective date of the judgment (or within 01 year from the notification date if money is collected after 05 years from the effective date of the judgment), the civil judgment enforcement authority shall transfer the money or property to state budget.

b) The money or property is collected but the civil judgment enforcement is suspended to review the judgment under cassation or reopening procedures.

6. The cost of wire transfer or property storage mentioned in this Article shall be paid by the recipient.

Article 50. Judicial assistance in civil judgment enforcement

1. The civil judgment enforcement authority of a province may request a foreign authority to provide Judicial assistance in the process of civil judgment enforcement.

Where the civil judgment enforcement is organized by the civil judgment enforcement authority of a district, the civil judgment enforcement authority of the district shall entrust the civil judgment enforcement authority of the province to request judicial assistance.

2. Procedures for requesting judicial assistance shall comply with international treaties to which Vietnam is a signatory and judicial assistance laws.

3. In case of judicial assistance request in the process of civil judgment enforcement:

a) After receiving satisfactory judicial assistance as requested, the civil judgment enforcement authority shall carry on civil judgment enforcement in accordance with civil judgment enforcement laws;

b) If judicial assistance is not satisfactory or no judicial assistance is provided within 06 months from the day on which the Ministry of Justice submits a valid judicial assistance request, the civil judgment enforcement authority shall submit the second judicial assistance request;

c) If no judicial assistance is provided within 03 months from the day on which the Ministry of Justice submits the second request, the civil judgment enforcement authority shall carry on civil judgment enforcement according to available documents in accordance with civil judgment enforcement laws;

From this time, if judicial assistance is needed for the same litigant in the same case, the time limit mentioned in Point b of this Clause shall be 03 months; the time limit mentioned in Point c of this Clause shall be 01 month.

d) In case of judicial assistance in return of documents about the litigant’s property or records, if the second request for judicial assistance is rejected or the litigant does not show up to receive his/her documents within 10 days from the deadline mentioned in Point c of this Clause or another deadline, the civil judgment enforcement authority shall send the documents to the litigant. If the litigant’s address is not available, the documents shall be sent to their issuers or the representative authority of home country of the document issuers.

4. Provision of judicial assistance in civil judgment enforcement for foreign authorities:

a) The civil judgment enforcement authority of a province shall receive requests for judicial assistance from foreign authorities involved in civil judgment enforcement;

b) Procedures for provision of judicial assistance for foreign authorities shall comply with international treaties to which Vietnam is a signatory and judicial assistance laws.

Article 51. Emigration of judgment debtors

1. If the judgment debtor is an organization, regulations on suspension of emigration shall apply to its legal representative, unless otherwise prescribed by law.

2. The judgment debtor might be exempt from suspension of emigration in the following cases:

a) His/her property is sufficient to cover the liability and another person is authorized to satisfy the judgment; the authorization shall be notarized and non-cancellable.

b) Another person whose property is sufficient to cover the liability is authorized and committed to discharge the judgment debtor’s liability; the authorization shall be notarized and non-cancellable.

c) The emigration is agreed by the judgment creditor;

d) The time limit for requesting enforcement has expired without any legal basis for accepting a late request;

dd) The judgment debtor is a foreigner who commits a less serious crime and has a fatal disease or does not have property or income in Vietnam and has made a written commitment to discharge his/her liability when he/she repatriates.

The commitment must be certified by a Vietnamese diplomatic mission in his/her home country;

e) A police authority or diplomatic mission has made a written request for permission for the judgment debtor’s emigration in case he/she commits a serious, very serious or extremely serious crime and has a fatal disease or does not have property or income in Vietnam while the emigration is not accepted by the judgment creditor or the judgment creditor’s address is not available or the judgment creditor is a foreigner who has repatriated, or in other special cases. The Ministry of Justice shall take charge and cooperate with the Ministry of Foreign Affairs, the Ministry of Public Security, the People’s Supreme Court and the People’s Supreme Procuracy in deciding the judgment debtor’s emigration in this case.

3. Where the judgment debtor authorizes another person to satisfy the judgment, the civil judgment enforcement authority shall inform the authorized person of the enforcement.

Where the judgment debtor emigrates, the notification shall be sent by telegraph, fax, email or other means at the request and this must not obstruct the civil judgment enforcement authority.

4. The suspension shall be lifted if the judgment is cancelled under a cassation or reopening procedures, or the basis for suspension no longer exists.

Chapter III

CIVIL JUDGMENT ENFORCEMENT AUTHORITIES AND CIVIL JUDGMENT ENFORCEMENT OFFICERS

Section 1. CIVIL JUDGMENT ENFORCEMENT AUTHORITIES

Article 52. Civil judgment enforcement system

1. The civil judgment enforcement system, except for the military judgment enforcement system specified in Article 54 of this Decree, comprises:

a) Central Civil Judgment Enforcement Administration affiliated to the Ministry of Justice;

b) Civil judgment enforcement authorities of provinces;

c) Civil judgment enforcement authorities of districts;

2. Central Civil Judgment Enforcement Administration and other civil judgment enforcement authorities have their own legal status, seals, office buildings and accounts.

3. The Minister of Justice shall provide for management of officials and public employees in the civil judgment enforcement system.

Article 53. Duties, entitlements and organizational structure of Central Civil Judgment Enforcement Administration

1. Central Civil Judgment Enforcement Administration is an affiliate of the Ministry of Justice which assists the Minister of Finance in state management of civil judgment enforcement specified in Article 167 of the Law on Civil judgment enforcement, state management of administrative judgment enforcement in accordance with the Law on administrative procedures and relevant legislative documents.

2. Central Civil Judgment Enforcement Administration has a vertical structure. Central affiliates of Central Civil Judgment Enforcement Administration are departments and relevant agencies.

3. Functions, tasks, entitlements and organizational structure of Central Civil Judgment Enforcement Administration shall be specified by the Prime Minister.

Article 54. Military judgment enforcement system

The military judgment enforcement system comprises:

1. Military Judgment Enforcement Administration affiliated to the Ministry of National Defense;

2. Regional military judgment enforcement authorities.

Military Judgment Enforcement Administration and other military judgment enforcement authorities have their own legal status, seals, office buildings and accounts.

Article 55. Duties, entitlements and organizational structure of Military Judgment Enforcement Administration and regional military judgment enforcement authorities

1. Military Judgment Enforcement Administration is an affiliate of the Ministry of National Defense which assists the Minister of National Defense and the Minister of Justice in state management of military judgment enforcement in accordance with Article 168 of the Law on Civil judgment enforcement and relevant legislative documents.

Military Judgment Enforcement Administration has a Director, Deputy Directors, Department Managers and Deputy Department Managers, enforcement inspectors, chief enforcement inspectors, military officers and career military personnel in charge of judgment enforcement.

2. Regional military judgment enforcement authorities shall perform their duties and entitlements prescribed by law.

A regional military judgment enforcement authority has a Director, Deputy Directors, junior, intermediate and senior enforcement officers, enforcement inspectors, chief enforcement inspectors and career military personnel in charge of judgment enforcement.

3. The Ministry of National Defense shall provide for duties, entitlements and organizational structure of Military Judgment Enforcement Administration and regional military judgment enforcement authorities.

Section 2. ENFORCEMENT OFFICERS, ENFORCEMENT INSPECTORS, SECRETARIES, HEADS AND DEPUTIES OF CIVIL JUDGMENT ENFORCEMENT AUTHORITIES

Article 56. Recruitment of enforcement officers

1. Enforcement officer candidates shall have to take an examination in accordance with regulations of law on civil judgment enforcement and officials.

2. The Ministry of Justice shall hold examinations to recruit enforcement officers, impose the procedures and contents of the examinations to recruit junior enforcement officers.

Examinations to recruit intermediate and senior enforcement officers shall be carried out in accordance with regulations of law on officials and civil judgment enforcement.

3. The Minister of Justice shall take charge and cooperate with the Minister of Internal Affairs in establishing enforcement officer standards and payrolls.

Article 57. Conditions for taking enforcement officer’s examination

1. The candidate satisfies all conditions applied to enforcement officers specified in Article 18 of the Law on Civil judgment enforcement.

2. The candidate does not face a criminal prosecution or discriminatory actions as prescribed by regulations of law on officials.

Article 58. Enforcement officer’s examination candidates

1. The Director of the civil judgment enforcement authority of each district shall send a list of candidates to the Director of the civil judgment enforcement authority of the province; the Director of each regional military judgment enforcement authority shall send a list of candidates to the Military Judgment Enforcement Administration.

2. The Director of civil judgment enforcement authority of each province shall compile a list of its candidates and candidates of civil judgment enforcement authorities of districts in the province; the Director of Military Judgment Enforcement Administration shall compile a list of candidates of regional military judgment enforcement authorities.

3. Directors and deputy directors of civil judgment enforcement authorities of provinces and Military Judgment Enforcement Administration shall hold qualifying tests.

4. The Ministry of Justice shall provide for conditions, qualification and documents applied to candidates who are not officials and officials in one province who take the enforcement officer’s examination in another.

Article 59. Application for enforcement officer’s examination

1. The candidate’s application form.

2. The proposal of the Director of the civil judgment enforcement authority of the province or Military Judgment Enforcement Administration.

Article 60. Receiving and processing applications for enforcement officer’s examination

1. Central Civil Judgment Enforcement Administration shall receive and process applications and publish a list of qualified civil enforcement officer's examination candidates.

2. Military Judgment Enforcement Administration shall receive and process applications and publish a list of qualified military enforcement officer’s examination candidates.

Article 61. Board of examiners

1. The Minister of Justice shall make a decision on establishment of the Board of examiners at the request of the Director of Central Civil Judgment Enforcement Administration.

2. The Board of examiners shall assist the Minister of Justice in holding enforcement officer’s examinations and:

a) Publish the plan for enforcement officer’s examination; rules, subjects, examination forms; time and location of examination;

b) Organize the preparation of examination questions; establish the board of supervisors and board of graders;

c) Provide instruction and organize the examination; report the result to competent authorities for recognition;

d) Settle candidates’ complaints and denunciations.

3. Boards of examiners for intermediate enforcement officer’s examinations and senior enforcement officer’s examinations shall establish in accordance with regulations of law on officials and civil judgment enforcement.

Article 62. Designation of enforcement officers

1. The Board of examiners shall send the result to the Ministry of Justice. Central Civil Judgment Enforcement Administration shall send a consolidated report to the Minister of Justice for designation of enforcement officers.

2. Directors of civil judgment enforcement authorities of provinces shall send their reports to Central Civil Judgment Enforcement Administration, which will later send a consolidated report to the Minister of Justice in accordance with Clause 6 and Clause 7 Article 18 of the Law on Civil judgment enforcement.

The Minister of Justice shall provide for applications for designation of enforcement officers mentioned in this Clause.

Article 63. Selection and designation of enforcement officers without examination

1. Enforcement officers in bordering areas, islands, extremely disadvantaged areas may be designated without examination from July 01, 2015 to June 30, 2020 inclusive if all of the following conditions are satisfied:

a) The civil judgment enforcement authority is of a district other than the chief district of the province, the region-based allowance coefficient is 0.3 or higher, the civil judgment enforcement authority is located in a bordering area, island or extremely disadvantaged area;

b) The designated person makes a written commitment to work at the aforementioned civil judgment enforcement authority for at least 05 years.

2. A list of civil judgment enforcement authorities entitled to designate enforcement officers without examination is enclosed with this Decree.

3. The Minister of Justice shall decide designation and dismissal of enforcement officers specified in Clause 1 of this Article at the request of the recruitment board.

4. The provincial recruitment board consists of a chairperson who is a President or Deputy President of the People’s Committee of the province; a deputy chairperson who is Director of a civil judgment enforcement authority of the province; members who are representatives of the Department of Internal Affairs, Department of Justice, Standing Committee of Provincial Bar Association; secretary who is the personnel department manager of the civil judgment enforcement authority of the province. The Minister of Justice shall propose board members at the request of President of the People’s Committee of the province;

Meetings of the board shall be convened by the chairperson at the request of the Director of the civil judgment enforcement authority of the province. A meeting shall only be held if it is attended by at least two thirds of the members. All decisions shall be ratified at the meetings. A decision shall be considered ratified if it is voted for by more than half of the members.

Article 64. Procedures for reassignment of enforcement officers

1. Directors of civil judgment enforcement authorities of provinces shall prepare applications for reassignment of their enforcement officers; Director of Military Judgment Enforcement Administration shall prepare applications for reassignment of its enforcement officers.

2. An application for reassignment of an enforcement officer consists of:

a) An application form that contains reasons for reassignment;

b) Supporting documents: health certificate issued by a health facility of the district or above within the last 6 months; confirmation of hardship or other documents;

c) A written request for reassignment or the enforcement officer issued by Director of the civil judgment enforcement authority of the province or Director of Military Judgment Enforcement Administration.

Article 65. Dismissal of enforcement officers

An enforcement officer may be dismissed in any of the following cases:

1. He/she commits a violation of law during the civil judgment enforcement which results in dismissal but does not result in criminal prosecution.

2. He/she commits a serious violation specified in Article 21 of the Law on Civil judgment enforcement which results in dismissal.

Procedures for requesting The Minister of Justice to decide dismissal of enforcement officers shall comply with regulations on disciplinary actions against officials.

Article 66. Enforcement inspectors

1. An enforcement inspector is an official who assists the head of the civil judgment enforcement authority in inspecting the process of judgment enforcement and perform other tasks prescribed by law.

2. Enforcement inspectors in the army are military officers and career military personnel.

3. The Minister of Justice shall take charge and cooperate with the Minister of Internal Affairs in establishing enforcement inspector standards and payrolls.

Article 67. Duties and entitlements of enforcement inspectors

1. Inspect the civil judgments that were enforced and are being enforced; verify cases appealed against at the request of the head of the civil judgment enforcement authority; verify civil judgment enforcement statistics, reports, data and other relevant documents.

2. Plan and carry out or cooperate with relevant organizations in inspection and propose solutions.

3. Confer with the head of the civil judgment enforcement authority in responding to appeals by the People’s Procuracy.

4. Perform other tasks given by the head of the civil judgment enforcement authority.

Article 68. Responsibility of enforcement inspectors

1. Enforcement inspectors shall uphold the law and maintain enforcement inspector’s standards.

2. Enforcement inspector shall be responsible to the law and their chiefs for performance of their tasks.

3. An enforcement inspector must not:

a) perform any act banned by regulations of law on officials and relevant laws;

b) collude with the inspected entity and relevant persons in falsifying the inspection result;

c) carry out an inspection without a decision issued by a competent person;

d) illegally interfere with the inspection or uses his/her influence to manipulate other enforcement inspectors;

d) misuse his/her authority to commit violations of law; harass the inspected entity; harbor violators;

e) reveal information and/or documents about the inspection to other people before a conclusion is given.

4. An enforcement inspector shall not participate in an inspection that involves either his/her:

a) spouse, birth child, adopted child;

b) parent, adoptive parent, grandparents, uncle, aunt, sibling of the enforcement inspector or the enforcement inspector’s spouse; or

c) nephew or niece.

Article 69. Designation and promotion of enforcement inspectors

1. The designation and promotion of enforcement inspectors shall comply with regulations of law on officials and civil judgment enforcement.

2. The Ministry of National Defense shall establish a recruitment council which proposes designation of military enforcement inspectors to the Minister of Justice.

Article 70. Mobilization, reassignment and secondment of enforcement officers and enforcement inspectors

1. Power to mobilization, reassignment and secondment of enforcement officers and enforcement inspectors

a) The Minister of Justice shall decide mobilization, reassignment and secondment of senior enforcement inspectors who are not holding managerial positions; enforcement officers and enforcement inspectors holding managerial positions within the authority of the Minister of Justice;

b) Director of Central Civil Judgment Enforcement Administration shall decide mobilization, reassignment and secondment of enforcement officers and enforcement inspectors from one province to another; enforcement officers holding the position of Deputy Directors of civil judgment enforcement authorities of provinces, enforcement inspectors holding the position of Deputy Directors of Central Civil Judgment Enforcement Administration and equivalent positions, except for the case mentioned in Point a of this Clause;

c) Directors of civil judgment enforcement authorities of provinces shall decide mobilization, reassignment and secondment of enforcement officers and enforcement inspectors in their provinces. In case of mobilization or reassignment of an enforcement officer or enforcement inspector holding a managerial position, the person who designated such managerial position shall be conferred with about the mobilization or reassignment, except for the case mentioned in Point b of this Clause.

2. Procedures for mobilization, reassignment and secondment of enforcement officers and enforcement inspectors shall comply with regulations of law on civil judgment enforcement, officials, instructions of the Ministry of Justice (and regulations of the Ministry of National Defense for military enforcement officers and enforcement inspectors).

3. The Ministry of Justice and the Ministry of Finance shall provide for allowances for reassigned and seconded persons.

Article 71. Enforcement secretaries

1. An enforcement secretary is an official who assists enforcement officers in following civil judgment enforcement procedures or enforcement inspectors in inspection of the cases, verification of cases appealed against.

2. The Minister of Justice shall take charge and cooperate with the Minister of Internal Affairs in establishing enforcement secretary standards and payrolls.

3. Military enforcement secretary in the army are military officers and career military personnel. The Minister of National Defense shall establish standards, conditions and procedures for designation and dismissal or military enforcement secretaries.

Article 72. Standards, power and procedures for designation, redesignation, dismissal, resignation of Directors and Deputy Directors of civil judgment enforcement authorities

1. The Director or Deputy Director of the civil judgment enforcement authority of a district must:

a) hold the position of junior enforcement officer or above;

b) have political credentials, moral senses, integrity discipline and responsibility;

c) have practical experience of civil judgment enforcement;

d) be capable of organizing performance of tasks of the Director of the civil judgment enforcement of a district; and

dd) Satisfy other standards prescribed by law.

2. The Director or Deputy Director of the civil judgment enforcement authority of a province must:

a) hold the position of intermediate junior enforcement officer or above;

b) have political credentials, moral senses, integrity discipline and responsibility;

c) have practical experience of civil judgment enforcement;

d) be capable of organizing performance of tasks of the Director of the civil judgment enforcement of a province; and

dd) Satisfy other standards prescribed by law.

3. The Minister of Justice shall decide designation, redesignation, reassignment, dismissal, resignation and demotion of Directors of civil judgment enforcement authorities of provinces.

The Minister of Justice shall delegate the power to decide designation, redesignation, reassignment, dismissal, resignation and demotion of Deputy Directors of civil judgment enforcement authorities of provinces, Directors and Deputy Directors of civil judgment enforcement authorities of districts.

4. The Minister of Justice shall elaborate Clause 1 through 3 of this Article.

5. The Minister of National Defense shall establish standards and procedures for designation, redesignation, reassignment, dismissal, resignation of Directors and Deputy Directors of military judgment enforcement authorities.

Section 3. COSTUMES, INSIGNIA AND EQUIPMENT OF ENFORCEMENT OFFICERS AND ENFORCEMENT INSPECTORS

Article 73. Enforcement officer’s card and enforcement inspector’s card

1. An enforcement officer or enforcement inspector shall wear an enforcement officer’s card or enforcement inspector’s card in the performance of his/her duty; the card shall be changed according to his/her rank or position and must be returned when he/she no longer holds such position. The loss of an enforcement officer’s card or enforcement inspector’s card must be reported to the nearest police authority and the civil judgment enforcement authority for which he/she works.

2. Enforcement officer’s cards and enforcement inspector’s cards shall be issued by the Ministry of Justice.

3. The Minister of Justice shall provide for the design, issuance, replacement and withdrawal of enforcement officer’s cards and enforcement inspector’s cards.

Article 74. Combat gear serving civil judgment enforcement

1. Enforcement officers of civil judgment enforcement authorities shall be provided with combat gear as prescribed by law.

2. Equipment for civil judgment enforcement comprises:

a) Stun batons, rubber batons, taser gloves,

b) Pepper sprays, anaesthetic sprays;

c) Ball bearing guns, pellet guns, rubber bullet guns, pepper guns, tranquilizer guns and ammunition thereof.

Article 75. Planning and provision of combat gear serving civil judgment enforcement

1. Pursuant to Clause 2 Article 74 of this Decree, Directors of civil judgment enforcement authorities of provinces shall formulate and submit plans for provision of combat gears for their officers to Director of Central Civil Judgment Enforcement Administration for approval.

Director of Central Civil Judgment Enforcement Administration shall decide the quantity and types of combat gear provided for civil judgment enforcement authorities.

2. The heads of civil judgment enforcement authorities shall provide combat gear for enforcement officers before the performance of their duties. It is required to make a list of combat gear provided and delivery notes.

Article 76. Purchase, transport, repair, management and use of combat gear serving civil judgment enforcement

1. The purchase, transport, repair, management and use of combat gear shall comply with regulations of law on management and use of weapons, explosive materials and combat gear.

2. The equipment, purchase, transport, repair, management of combat gear by military judgment enforcement authorities shall comply with regulations the Ministry of National Defense.

Article 77. Liquidation and destruction of combat gear serving civil judgment enforcement

1. Civil judgment enforcement authorities shall inspect and classify their combat gear by quality. Civil judgment enforcement authority of each province shall compile a list of unrepairable combat gear provided for civil judgment enforcement authorities in the province and request a competent authority to receive, classify, liquidate or destroy them.

2. The liquidation and destruction of combat gear shall comply with regulations of law on procedures, competence, and funding for collection, classification, storage, liquidation and destruction of weapons, explosive materials and combat gear.

Civil judgment enforcement authorities of provinces shall report result of combat gear liquidation and destruction to Director of Central Civil Judgment Enforcement Administration.

2. The liquidation and destruction of combat gear by military judgment enforcement authorities shall comply with regulations the Ministry of National Defense.

Article 78. Salaries and allowances of enforcement officers, enforcement inspectors, enforcement secretaries and other officials and people involved in civil judgment enforcement

1. Enforcement officers, enforcement inspectors, enforcement secretaries and other officials and people involved in civil judgment enforcement shall receive salaries, responsibility allowance and other benefits prescribed by law.

2. Junior enforcement officers, intermediate enforcement officers, senior enforcement officers, enforcement inspectors, chief enforcement inspectors and senior enforcement inspectors shall receive Category A1, A2 and A3 salaries of Group 1 for officials.

Enforcement secretaries shall receive Category A1 salaries for officials.  Intermediate enforcement secretaries shall receive Category B salaries for officials.

3. Enforcement officers, enforcement inspectors, enforcement secretaries, military officers and career military personnel performing civil judgment enforcement tasks in the army shall receive responsibility allowance and other benefits.

Article 79. Insignia

1. Hat badge: a metal circle surrounded by double laurels, a yellow five-pointed star in the middle, two yellow rice flowers to the sides and a yellow cogwheel under the star. Above the badge is the red text “THI HÀNH ÁN”.

2. Shirt badges:

a) Shoulder badge: dark blue fabric with bordeaux red edge. A five-pointed star in a circle surrounded by double laurels at one end; yellow embossed metal stars in the middle;

b) Lapel badge: metal single laurel; fabric parallelogram badge, dark blue background, a sword and shield in the middle, with or without yellow metal edge.

The use of lapel badges depends on the officer’s rank and position.

Article 80. Recipients of insignia

1. Enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement of Central Civil Judgment Enforcement Administration and other civil judgment enforcement authorities.

2. Insignia of military enforcement officers and other judgment enforcement positions in the army shall comply with regulations of the Ministry of Justice.

Article 81. Insignia of officials and people involved in civil judgment enforcement

1. Insignia of heads of Central Civil Judgment Enforcement Administration:

a) Insignia of Director of Central Civil Judgment Enforcement Administration: No stripes, 2 vertical yellow embossed metal stars in the middle, two crossed laurels on each shoulder badge; single yellow laurel on the lapel;

b) Insignia of Deputy Directors of Central Civil Judgment Enforcement Administration are the same as the insignia described in (a) with only 1 yellow embossed metal star in the middle of each shoulder badge.

2. Insignia of heads of affiliates of Central Civil Judgment Enforcement Administration:

a) Insignia of heads of affiliates of Central Civil Judgment Enforcement Administration: 2 horizontal and 2 vertical yellow embossed metal stars in the middle, 2 parallel horizontal yellow metal stripes at the end of each shoulder badge; fabric parallelogram lapel badge with dark blue background, a sword and shield in the middle and surrounded by yellow metal edge;

b) Insignia of deputies of heads of affiliates of Central Civil Judgment Enforcement Administration are the same as the insignia described in (a) with only 3 yellow embossed metal stars in the middle of each shoulder badge.

3. Insignia of heads of civil judgment enforcement authorities of provinces:

a) Shoulder badges of a Director or Deputy Directors of the civil judgment enforcement authority of a province are the same as his/her enforcement officer’s rank;

b) The insignia on the lapel of the Director or Deputy Director of the civil judgment enforcement authority of a province is a single yellow laurel.

4. Insignia of heads of affiliates of civil judgment enforcement authorities of provinces and heads of civil judgment enforcement authorities of districts:

a) Shoulder badges of the head or deputy of an affiliate of the civil judgment enforcement authority of a province are the same as his/her official’s rank;

b) Shoulder badges of a Director or Deputy Director of the civil judgment enforcement authority of a district are the same as his/her enforcement officer’s rank;

c) Insignia on the lapel of the head or deputy of an affiliate of the civil judgment enforcement authority of a province, Director or Deputy Director of the civil judgment enforcement authority of a district is a fabric parallelogram lapel badge with dark blue background, a sword and shield in the middle and surrounded by yellow metal edge.

5. Insignia of enforcement officers:

a) Insignia of a senior enforcement officer: 2 vertical yellow stripes, 2 vertical and 2 horizontal yellow embossed metal stars on each shoulder badge; fabric parallelogram lapel badge with dark blue background, a sword and shield in the middle;

b) Insignia of an intermediate enforcement officer are the same as the insignia described in (a) with only 3 yellow embossed metal stars in the middle of each shoulder badge.

c) Insignia of a junior enforcement officer are the same as the insignia described in (a) with only 2 yellow metal stars in the middle of each shoulder badge.

6. Insignia of enforcement inspectors, other officials and people involved in civil judgment enforcement:

a) Insignia of a senior enforcement inspector, senior specialist and the equivalent: 2 vertical and 2 horizontal yellow embossed metal stars in the middle and 2 parallel horizontal yellow stripes at the end of each shoulder badge; fabric parallelogram lapel badge with dark blue background, a yellow metal sword and shield in the middle;

b) Insignia of a chief enforcement inspector, chief specialist and the equivalent are the same as the insignia described in (a) with only 3 yellow embossed metal stars in the middle of each shoulder badge;

c) Insignia of an enforcement inspector, specialist and the equivalent are the same as the insignia described in (a) with only 2 yellow embossed metal stars in the middle of each shoulder badge;

d) Insignia of other officials and people involved in civil judgment enforcement are the same as the insignia described in (a) with only 1 yellow embossed metal star in the middle and 1 horizontal yellow metal stripe at the end of each shoulder badge.

Article 82. Costumes of civil judgment enforcement officials

1. Enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement of Central Civil Judgment Enforcement Administration and Military Judgment Enforcement Administration, other civil judgment enforcement authorities and military judgment enforcement authorities shall be provided with costumes which are worn during performance of their duties.

2. Civil judgment enforcement costumes comprise: Autumn and winter uniform, winter coat, winter sweater, spring and summer uniform, long-sleeved shirt, name tag, leather shoes, leather belt, leather sandals, socks, tie, raincoat, peaked cap, helmet, leather briefcase.

3. The Minister of Justice shall provide for design, colors and rules for using civil judgment enforcement costumes which are used nationwide, except for the case specified in Clause 4 of this Article.

4. Costumes of enforcement officers, enforcement inspectors, military officers and career military personnel performing civil judgment enforcement tasks in the army shall be provided in accordance with regulations of the Minister of National Defense.

Article 83. Allocation periods

1. Costume provision periods:

a) Autumn and winter uniform: 01 suit per 03 years;

b) Winter coat: 01 piece per 03 years;

c) Winter sweater: 01 piece per 03 years for officials and public employees working from Thua Thien Hue upwards and in Tay Nguyen area;

d) Spring and summer uniform: 02 suits per 02 years;

dd) Long-sleeved shirt: 01 piece per year;

e) Winter dress uniform: 01 suit per 05 years;

g) Summer dress uniform: 01 suit per 03 years;

h) Leather shoes: 01 pair per year;

i) Leather belt: 01 piece per year;

k) Leather sandals: 01 pair per year;

l) Socks: 02 pairs per year;

m) Tie: 02 pieces per 02 years;

n) Raincoat: 01 piece per year;

o) Peaked cap: 01 piece per 02 year;

p) Helmet: 01 piece per 02 years;

q) Leather briefcase: 01 piece per 02 years.

2. Allocation and use of costumes:

a) Costumes of enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement shall be allocated within the limits specified in Clause 1 of this Article. 02 suits of autumn and winter uniforms, 02 suits of spring and summer uniforms, 02 long-sleeved shirts shall be allocated for the first time;

b) Lost or damaged costumes may be replaced if the explanation is acceptable.

3. Enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement shall be provided with a set insignia per 03 years; 02 sets shall be provided for the first time. Insignia shall be replaced periodically. Insignia shall be replaced in case of changes to the wearer’s rank or position or loss or damage of them. Enforcement officers, enforcement inspectors, other officials and people involved in civil judgment enforcement who are reassigned shall return their insignia to the head of the civil judgment enforcement authority where they work.

Chapter IV

TRANSITION AND IMPLEMENTATION CLAUSE

Article 84. Effect and transition

1. This Decree comes into force from September 01, 2015 and replaces the Government's Decree No. 74/2009/NĐ-CP Decree No. 58/2009/NĐ-CP and Decree No. 125/2013/NĐ-CP dated October 14, 2013.

2. Regarding judgments that have not completely been enforced before the effective date of this Decree but enforcement procedures have been followed in accordance with the Law on Civil judgment enforcement and its instructional documents, the enforcement results shall be recognized; next enforcement procedures shall be followed in accordance with this Decree.

3. Organizations and individuals having the power to organize civil judgment enforcement shall apply enforcement procedures provided for in this Decree, unless otherwise prescribed by law.

Article 85. Responsibility for implementation and provision of guidance

1. Heads of civil judgment enforcement authorities, enforcement officers, civil judgment enforcement officials, other organizations and individuals that fail to satisfy judgments, delay satisfaction of judgments, apply forcible enforcement against the law or act against civil judgment enforcement procedures shall face administrative penalties or criminal prosecution, depending on the seriousness of their violations, and pay compensation for any damage caused.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces are responsible for the implementation of this Decree.

The Minister of Justice shall cooperate with relevant Ministries and regulatory bodies in providing guidance on implementation of ex official clauses of this Decree to serve state management of civil judgment enforcement./.

 

 

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 

 


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