Nghị định 125/2013/ND-CP

Decree No. 125/2013/ND-CP dated October 14, 2013, amending Decree No. 58/2009/ND-CP guiding Law on enforcement of civil judgments regarding procedures for enforcement of civil judgments

Decree No. 125/2013/ND-CP amending No. 58/2009/ND-CP guiding Law on enforcement of civil judgments đã được thay thế bởi Decree 62/2015/NĐ-CP guidelines for civil judgment enforcement law và được áp dụng kể từ ngày 01/09/2015.

Nội dung toàn văn Decree No. 125/2013/ND-CP amending No. 58/2009/ND-CP guiding Law on enforcement of civil judgments


THE GOVERNMENT
---------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 125/2013/ND-CP

Hanoi, October 14, 2013

 

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 58/2009/ ND-CP DATED JULY 13, 2009, DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON ENFORCEMENT OF CIVIL JUDGMENTS REGARDING PROCEDURES FOR ENFORCEMENT OF CIVIL JUDGMENTS

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 14, 2008 Law on Enforcement of Civil Judgments;

At the proposal of the Minister of Justice,

The Government promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 58/2009/ND-CP dated July 13, 2009, detailing and guiding a number of articles of the Law on Enforcement of Civil Judgments regarding procedures for enforcement of civil judgments.

Article 1. To amend and supplement a number of articles of the Government's Decree No. 58/2009/ND-CP dated July 13, 2009, detailing and guiding a number of articles of the Law on Enforcement of Civil Judgments regarding procedures for enforcement of civil judgments:

1. Amending and supplementing Article 4 as follows:

"Article 4. Receipt of written requests for judgment enforcement

1. Receipts must be issued or sent by post to request filers upon receipt of the written requests.

2. Written requests for judgment enforcement must have all the details specified in Article 31 of the Law on Enforcement of Civil Judgments.

In case a written request for judgment enforcement neither has all the details as specified nor clearly indicates information on judgment enforcement conditions of the judgment debtor but no verification is required, the civil judgment enforcement agency shall, before issuing a judgment enforcement decision, notify such to the involved party for supplementation of the written request. Within 15 days after receiving the notification, if the judgment creditor fails to supplement the written request for judgment enforcement or supplement contents not proper with provision in Article 31 of the Law on Enforcement of Civil Judgments, the civil judgment enforcement agency shall not accept the written request for judgment enforcement and issue a written reply to the involved party, except cases of force majeure circumstances or objective obstacles.

3. Within 05 working days after receiving a written request, if having grounds for refusing the request, the civil judgment enforcement agency must notify in writing the involved party of its refusal, clearly stating the reason."

2. Amending and supplementing Article 5 as follows:

"Article 5. Issuance of judgment enforcement decisions

1. The head of the civil judgment enforcement agency shall issue a common judgment enforcement decision for a judgment's or ruling's clauses to be proactively complied with by the judgment debtor, except the cases specified in Clauses 2 and 3 of this Article.

2. In case a judgment or ruling contains clauses on refund of money or assets to be proactively complied with by each judgment debtor, the head of the civil judgment enforcement agency shall issue a judgment enforcement decision with regard to these clauses for each judgment creditor.

3. In case a judgment or ruling involves many judgment debtors that are obliged to proactively comply with many clauses, the head of the civil judgment enforcement agency shall issue a common judgment enforcement decision for all of these clauses for each judgment debtor, except the case specified in Clause 2 of this Article.

4. In case of enforcing joint rights or joint obligations, the head of the civil judgment enforcement agency shall issue a common judgment enforcement decision for all parties having joint rights or obligations.

5. The head of the civil judgment enforcement agency shall issue a judgment enforcement decision for each written request for judgment enforcement. In case a judgment or ruling involves a judgment debtor that is obliged to execute the judgment for many judgment creditors and the involved parties file written requests for judgment enforcement at the same time, the head of the civil judgment enforcement agency may issue a common judgment enforcement decision for these written requests.

In case many persons are entitled to receive a specific asset under a judgment or ruling but only some of them file written requests for judgment enforcement, the head of the civil judgment enforcement agency shall issue judgment enforcement decisions for those who have filed written requests, and concurrently notify such to remaining judgment creditors as stated in judgment, decision for filing written requests for judgment enforcement within 30 days after being notified. Past this time limit, if the notified persons do not request judgment enforcement, the judgment enforcer shall hand over the asset to those who have filed written requests for judgment enforcement for management. The rights and lawful interests of judgment creditors toward this asset must be settled under agreement or law.

6. In case the statute of limitations for requesting judgment enforcement remains valid after subtracting the duration of existence of a force majeure circumstance or an objective obstacle, the head of the civil judgment enforcement agency shall issue a decision to restore the statute of limitations for requesting judgment enforcement; within five working days after issuing the decision to restore the statute of limitations for requesting judgment enforcement, the head of the civil judgment enforcement agency shall issue a judgment enforcement decision. In case the statute of limitations for requesting judgment enforcement has expired, the judgment enforcement agency shall refuse written requests for judgment enforcement under Clause 3, Article 4 of this Decree.

In case a judgment enforcement decision has been issued but the statute of limitations for requesting judgment enforcement has expired, the head of the civil judgment enforcement agency shall issue a decision to revoke the issued judgment enforcement decision. The person who is at fault in issuing a decision to enforce a judgment or ruling for which the statute of limitations for requesting enforcement has expired shall take responsibility as prescribed by law."

3. Amending and supplementing Article 6 as follows:

"Article 6. Verification of judgment enforcement conditions

1. Judgment creditors may verify by themselves the judgment enforcement conditions or authorize others to do so. Agencies, organizations and individuals that are keeping information on or managing assets or accounts of judgment debtors shall provide information within 05 working days after receiving requests of judgment creditors or their authorized representatives, except cases of force majeure circumstances or objective obstacles. If refusing to provide information, these agencies, organizations and individuals must reply in writing, clearly stating the reason.

Verification results may be recognized and used as a basis for organizing the judgment enforcement, unless the judgment enforcer finds it necessary to conduct re-verification. Re-verification must be conducted by the judgment enforcer within 10 days after receiving verification results from involved parties.

In case judgment creditors, agencies, organizations or individuals provide untrue information on judgment enforcement conditions of judgment debtors, they shall take responsibility before law and bear all arising expenses. If causing damage, they shall pay compensations therefor.

2. When requesting judgment enforcers to verify judgment enforcement conditions, judgment creditors must produce working minutes or other lawful documents to prove that they or their authorized representatives have conducted verification at agencies, organizations and individuals that are keeping information on or managing assets or accounts of judgment debtors but yielded no results, except judgment creditors are members of policy beneficiary families or families with meritorious services to the revolution or are helpless lonely persons, persons with disabilities or persons suffering from chronic diseases as certified by competent agencies under Clause 2, Article 32 of this Decree.

The verification at agencies, organizations and individuals is regarded as having yielded no results when judgment creditors or their authorized representatives can prove that they have made a direct or written request but past 01 month after the date of making such request, they still receive no reply from these agencies, organizations and individuals without any plausible reason.

3. In case a judgment debtor must perform both obligations under requests and the decision proactively issued by the head of the judgment enforcement agency, the judgment enforcer shall proactively verify the involved party's judgment enforcement conditions until the judgment debtor completely fulfills the obligation under the decision proactively issued by the head of the judgment enforcement agency.

The results of verification conducted by the judgment enforcer are also recognized for organizing the enforcement of the obligations under written requests. The verification of other assets of the judgment debtor must be conducted at the request of the judgment creditor.

4. When personally conducting verification of judgment enforcement conditions, a judgment enforcer shall specifically verify economic conditions and the current state of assets based on statements of involved parties or information provided by other organizations and individuals. Judgment debtors shall declare their assets, incomes and information on assets and incomes to serve judgment enforcement and commit the truthfulness of their declaration.

For assets subject to registration of ownership and use rights or registration of secured transactions, verification must also be conducted at agencies with the function of registering these assets.

For judgment debtors being agencies or organizations, judgment enforcers shall personally examine their assets and check the system of capital and asset management records, and conduct verification at other related agencies or organizations which are managing and preserving assets or keeping information on assets and accounts of judgment debtors.

Judgment enforcers may invite specialized agencies or specialists to clarify contents subject to verification. Agencies, organizations, communal-level civil servants in charge of judicial affairs and civil status and related individuals shall comply with requests of judgment enforcers and take responsibility for information they provide.

5. For a judgment subject to proactive enforcement but the judgment debtor has no enforcement condition, at least once every 6 months, the judgment enforcer shall verify judgment enforcement conditions of the judgment debtor. In case a judgment debtor has no judgment enforcement condition and is currently serving an imprisonment sentence or his/her new address or place of residence is unidentifiable, the interval between two verifications must not exceed one year.

The scope of verification of conditions for judgment enforcement under written requests complies with the request of judgment creditors. Judgment creditors are obliged to prove that judgment debtors have assets for judgment enforcement and make another judgment enforcement request in case heads of civil judgment enforcement agencies have issued decisions to return written requests for judgment enforcement.

6. When verifying judgment enforcement conditions, judgment enforcers shall produce judgment enforcer's cards or papers proving that they are persons competent for verifying judgment enforcement conditions. If conducting verification personally, they must make a written record. If conducting verification through an agency, organization or individual, they must make a written request clearly stating the to-be-verified contents and other necessary information. The Vietnam social insurance, credit institutions, land use right registration offices, secured transaction registration agencies, notary offices and other organizations and agencies which are keeping information on or managing assets or accounts of judgment debtors shall issue written replies to judgment enforcers within 03 working days after receiving the latter's written requests.

7. The enforcement of a civil judgment is considered impossible in the following cases:

a) One of the cases specified in Clause 1, Article 51 of the Law on Enforcement of Civil Judgments;

b) The enforcement is postponed or suspended as prescribed by law."

4. Adding Article 8a as follow:

"Article 8a. Transfer of the judgment execution right and obligation

1. For the case of transferring the judgment execution right and obligation as prescribed at Point e, Clause 1, Article 54 of the Law on Enforcement of Civil Judgments, if the enterprise transformed into a joint-stock company has not yet exercised its judgment execution right or performed its judgment execution obligation before being transformed, the joint-stock company shall further exercise the judgment execution right and perform the judgment execution obligation.

2. In case of transferring the judgment execution right and obligation to other persons as prescribed by law on inheritance, civil judgment enforcement agencies shall comply with the following provisions:

a) In case a judgment debtor who is obliged to return an asset has died but the asset is directly managed or used by another person, the civil judgment enforcement agency shall fix a time limit of 30 days for the person currently managing or using such asset to hand it over to the judgment creditor. Past this time limit, if the asset manager or user fails to hand over the asset or if there is no person directly managing or using the asset, the civil judgment enforcement agency shall organize the handover or coercive handover of the asset to the judgment creditor as prescribed by law;

b) In case a judgment debtor who is obliged to pay a money amount has died and left an asset, the civil judgment enforcement agency shall issue a written notice to fix a time limit of 30 days for his/her heir or the person managing his/her inheritance to reach agreement on the performance of the judgment debtor's obligation. Past this time limit, if the judgment debtor's heir or the person managing his/her inheritance fails or cannot reach agreement on the performance of his/her obligation, the civil judgment enforcement agency shall apply measures to assure or coerce the judgment enforcement with regard to the inheritance of the judgment debtor so as to assure judgment enforcement and, concurrently, fix a time limit of 30 days, from the day of being notified, for the related parties to initiate a lawsuit about inheritance division. Past the notified time limit for exercising the right to initiate a lawsuit about inheritance division, if no petition is filed, the civil judgment enforcement agency shall handle the inheritance for judgment enforcement."

5. Adding Article 8b as follows:

"Article 8b. Entrustment of judgment enforcement

1. In case a judgment debtor has numerous assets at many localities, the civil judgment enforcement agency shall entrust the judgment enforcement according to the following order:

a) Entrusting according to the agreement of involved parties;

b) Entrusting the locality where judgment debtors have enough their assets for judgment enforcement;

c) Entrusting the locality where judgment debtors have assets of the greatest value or most assets, in case the assets are insufficient for judgment enforcement.

2. An entrustment decision must clearly state the contents of entrustment; items already been executed, items to be further executed and information necessary for entrusted enforcement.

When sending the decision on entrustment of judgment enforcement, the civil judgment enforcement agency must enclose the judgment or ruling, a copy of the asset inventory or seizure written record and other related documents, if any. In case of entrusting the judgment enforcement to more than one entrusted civil judgment enforcement agency, the civil judgment enforcement agency shall make copies of the judgment or ruling and related documents, affix its seal to these copies and send them to the entrusted civil judgment enforcement agencies.

3. If knowing that a judgment debtor has no asset or does not reside or work or is not headquartered in the locality, the entrusted civil judgment enforcement agency shall:

a) Settle the judgment enforcement as prescribed law, if being entrusted to proactively enforce the judgment. If detecting that the judgment debtor has assets or resides or works or is headquartered in another locality, it shall further entrust the judgment enforcement to the civil judgment enforcement agency of the locality where judgment enforcement conditions are available;

b) Return the judgment enforcement written request together with related documents to involved parties for use as a basis to request resumption of judgment enforcement when the judgment debtor's conditions permit the judgment enforcement, if being entrusted to enforce the judgment under a written request."

6. Adding Article 8c as follows:

"Article 8c. Judgment enforcement upon change of asset prices at the time of judgment enforcement

1. If at least one of the involved parties files a request for valuation of the asset and at the time of judgment enforcement, the asset price increases or decreases by 20% or more against the asset value at the time the judgment or ruling takes legal effect, judgment enforcers shall organize the valuation of an asset to serve the judgment enforcement upon a change in the asset price at the time of judgment enforcement as prescribed in Article 59 of the Law on Enforcement of Civil Judgments.

2. Those requesting asset valuation shall enclose asset valuation written requests with documents proving the change in the asset price. Documents proving the change in asset prices may be asset price lists issued by People's Committees or competent specialized agencies or actual transfer prices of assets of the same categories in the localities.

Within 30 days after receiving asset valuation written requests of involved parties, judgment enforcers shall carry out valuation procedures specified in Article 98 of the Law on Enforcement of Civil Judgments. Valuation requesters shall bear valuation expenses.

3. Within 10 days after obtaining valuation results, judgment enforcers shall issue a written notice requesting the asset recipient to pay a money amount corresponding to the proportion of the asset value the recipient is entitled to receive under the judgment or ruling to the asset price determined under Clause 2 of this Article for subsequent payment to the person entitled to receive money from judgment enforcement.

Within 30 days after receiving a written request for payment of judgment enforcement money, if the asset recipient fails to voluntarily pay such money, the judgment enforcer shall organize an auction of the asset for judgment enforcement. The proceeds from the sale of assets must be paid in corresponding to money or assets involved parties are entitled to receive under the judgment or ruling, without late judgment enforcement interests.

4. Involved parties shall bear expenses for asset auctions specified in Clause 3 of this Article in corresponding to the money amounts or assets they actually receive as prescribed by law on expenses for coercive enforcement of civil judgment.

5. In case persons who are currently managing assets do not voluntarily hand over such asset to auction winners, they shall be subject to coercive enforcement of civil judgments and shall bear expenses therefor under regulations on expenses for coercive enforcement of civil judgments."

7. Amending and supplementing Article 14 as follows:

"Article 14. Collection of judgment debtors' sums of money and assets currently held by third parties

1. When detecting organizations and individuals currently holding sums of money and assets of judgment debtors, judgment enforcers shall make written records or request in writing these organizations and individuals to hand such sums of money and assets to civil judgment enforcement agencies for judgment enforcement.

When organizations and individuals currently holding sums of money and assets of judgment debtors fail to abide by judgment enforcers' requests for handover of such sums of money and assets, security or coercive measures must be taken for judgment enforcement.

Judgment debtors shall bear expenses for coercive judgment enforcement.

2. If detecting organizations and individuals that have to pay sums of money and return assets to judgment debtors while such sums of money and assets have been determined under legally effective court judgments or decisions, judgment enforcers shall request these organizations and individuals to hand over such sums of money and assets to civil judgment enforcement agencies for judgment enforcement. If these organizations and individuals fail to abide by judgment enforcers' requests, judgment enforcers shall take necessary coercive measures against such organizations or individuals to collect sums of money and assets for judgment enforcement.

In this case, organizations and individuals subject to coercive judgment enforcement shall bear expenses for coercive judgment enforcement."

8. Amending and supplementing Article 15 as follows:

"Article 15. Valuation of distrained assets

1. Judgment enforcers shall valuate the distrained assets of small value which are of the same type with unused products with market sale prices not exceeding VND 5,000,000 (five million Vietnam dongs) at the time of valuation.

2. In case no service contract specified at Point a, Clause 3, Article 98 of the Law on Enforcement of Civil Judgments can be signed, judgment enforcers shall consult finance agencies or related specialized agencies before valuating the distrained assets. Such consultation must be made in writing and signed by judgment enforcers and the concerned finance agency or specialized agency.

Within 15 days after receiving judgment enforcers' requests, if finance agencies or professional agencies fail to give written opinions, heads of civil judgment enforcement agencies shall request in writing chairpersons of People's Committees of the same level to direct these specialized agencies to give opinions for judgment enforcers to value the distrained assets."

9. Adding Article 15a as follows:

"Article 15a. Valuation of assets already been distrained

1. In case involved parties reach agreement on valuation organizations in provinces or centrally run cities where exist the distrained assets or on valuation organizations in other localities, judgment enforcers shall sign service contracts with the valuation organizations selected by the involved parties.

Involved parties' agreement on the selection of valuation organizations also applies to revaluation of distrained assets.

2. If having grounds for proving that previous valuation results are not objective or show negative signs, thus directly affecting their legitimate interests, involved parties may request the hiring of other valuation organizations to conduct revaluation and shall bear revaluation expenses, except cases of revaluation due to violations of regulations on valuation as prescribed at Point a, Clause 1, Article 99 of the Law on Enforcement of Civil Judgments.

3. In case involved parties request revaluation of distrained assets before the auction of assets is publicized under Point b, Clause 1, Article 99 of the Law on Enforcement of Civil Judgments, or request revaluation of unsuccessfully auctioned assets, assets for which nobody registers to participate in auction or offers bids, judgment enforcers shall organize revaluation of these assets. Judgment enforcers shall notify involved parties that revaluation requesters are obliged to bear revaluation expenses as prescribed by law.

Request for asset revaluation under this Clause may be made only once before the first-time notification of asset auction and once for unsuccessfully auctioned assets, assets for which nobody registers to participate in auction or offers bids. Such request may be accepted only when the involved parties file a written request within:

a) 05 working days after receiving a notice of the result of valuation of assets for which auction notification is made for the first time;

b) 10 days after receiving a notice of unsuccessful auction of assets, auction of assets for which nobody registers to participate in or offers bids.

4. The price of revaluated assets as prescribed in Clauses 2 and 3 of this Article is the reserve price used for asset auction."

10. Adding Article 15b as follows:

"Article 15b. Assurance of the priority of purchasing assets under common ownership

1. Before the first sale of assets under common ownership, judgment enforcers shall notify such sale to co-owners and set a time limit of three months, for immoveable assets, or of one month, for moveable assets, after receiving a valid notice, for the co-owners who have the priority of purchasing assets of judgment debtors. The owners of assets under common ownership with judgment debtors may be prioritized to purchase the assets at the set prices.

2. In case co-owners do not purchase the assets, within 05 working days after the expiration of the priority specified in Clause 1 of this Article, judgment enforcers shall sell the assets under common ownership between judgment debtors and others for judgment enforcement or sign service contracts to auction these assets."

11. Adding Article 17a as follows:

"Article 17a. Handling of assets used for judgment enforcement for which nobody registers to participate in auction or offers bids

After two times of posting up and publicizing asset auction notices as prescribed by law, if nobody registers to participate in auction or offers bids for the assets:

1. Judgment enforcers shall notify the involved parties that nobody registers to participate in auction or offers bids for the assets. Within 10 days after receiving such a notice, if the involved parties do not request revaluation of the assets, judgment enforcers shall issue a decision on devaluation of assets for further auction.

2. After three times of asset devaluation, if nobody registers to participate in auction or offers bids for the assets:

a) If judgment creditors agree to receive the assets for subtracting the sums of money for judgment enforcement, judgment enforcers shall notify such agreement to judgment debtors.

Within 30 days after receiving the notice of judgment creditors' agreement to receive the assets for judgment enforcement, if judgment debtors fail to fully pay the sums of money and expenses for judgment enforcement in order to receive back the auctioned assets, judgment enforcers shall hand such assets to judgment creditors. For immoveable assets and moveable assets subject to registration of ownership or use rights, judgment enforcers shall issue a decision to hand the assets to judgment creditors for carrying out procedures for registration and grant of certificates of ownership or use rights of these assets. Judgment debtors and persons currently managing or using these assets who fail to voluntarily hand the assets to judgment creditors shall be coerced to do so for judgment enforcement;

b) In case judgment creditors refuse to receive the assets for judgment enforcement, judgment enforcers shall issue a decision on devaluation of assets for further auction. If the value of assets has been reduced to below coercion expenses but the judgment creditors still refuse to receive the assets for subtracting the sums of money for judgment enforcement, such assets will be returned to judgment debtors. Heads of civil judgment enforcement agencies shall issue decisions to return written requests for judgment enforcement as prescribed at Point c, Clause 1, Article 51 of the Law on Enforcement of Civil Judgments.

3. Before devaluating assets, judgment enforcers shall request involved parties to reach agreement on devaluation levels. If the involved parties fail to reach or cannot reach agreement on the devaluation levels, judgment enforcers shall decide on the devaluation levels. Each devaluation time must not exceed ten percent of the set price."

12. Amending and supplementing Article 18 as follows:

"Article 18. Handling of temporarily seized material evidences and assets which are declared to be confiscated into the state budget

1. Finance agencies of the same level with civil judgment enforcement agencies that are currently organizing judgment enforcement and provincial-level finance agencies in localities where military zone-level judgment enforcement agencies are located or where material evidences and assets are currently kept shall receive material evidences and assets which are declared to be confiscated into the state budget for handling, except the case specified in Clause 2 of this Article.

2. For material evidences and assets which are weapons, supporting tools, explosives, flammables, toxic substances, radioactive substances, forest products, animals on the list of endangered and rare and precious species, technical equipment and means exclusively for national defense and security purposes or articles of historical and cultural relics, state agencies competent to management of these types of assets shall receive them.

3. Civil judgment enforcement agencies shall notify agencies responsible for receiving material evidences and assets and set a time limit of 10 days from the date of notification for the latter to receive the evidences and assets.

Past the above time limit, if failing to receive material evidences and assets, responsible agencies shall pay expenses for asset preservation and bear all risks arising from the time of delayed receipt.

The handover of temporarily seized material evidences and assets which are declared to be confiscated into the state budget must be conducted at warehouses of civil judgment enforcement agencies or places where these evidences and assets are currently kept.

4. In case finance agencies authorize civil judgment enforcement agencies of the same level that are currently organizing judgment enforcement to handle assets which are declared to be confiscated into the state budget, civil judgment enforcement agencies shall handle the assets and carry out procedures for confiscation of these assets into the state budget as prescribed by law."

13. Adding Article 24a as follows:

"Article 24a. Order of payment of sums of money for judgment enforcement

1. Sums of money for judgment enforcement which are collected under certain judgment enforcement coercion decisions must be paid for all judgment creditors who have filed written requests for judgment enforcement by the time of issuance of such decisions, regardless of whether or not these requests serve as grounds for judgment enforcement coercion. The remainder may be paid to judgment creditors under other judgment enforcement decisions after the issuance of coercion decisions by the time of payment.

2. The specific obligations eligible for payment priority as prescribed at Clause 3, Article 47 of the Law on Enforcement of Civil Judgments must be specified in court judgments or decisions declaring distraint of assets to secure enforcement for such specific obligations."

14. Adding Article 24b as follows:

"Article 24b. Assurance of interests of purchasers of auctioned assets and recipients of assets for judgment enforcement

1. Purchasers of auctioned assets and recipients of assets for judgment enforcement have their rights to own and use these assets protected.

2. In case purchasers of auctioned assets have fully paid the sums of money for such purchase but judgments or decisions are suspended from enforcement, protested against, amended or canceled, civil judgment enforcement agencies shall continue completing asset handover procedures, even coercing judgment enforcement, for handing the assets to purchasers, except the following cases:

a) The auction order and procedures are unlawful due to the fault of purchasers of auctioned assets;

b) Judgment debtors, judgment creditors and purchasers of auctioned assets reach another agreement.

3. The coerced handover of assets to purchasers of auctioned assets or recipients of assets for subtracting sums of money for judgment enforcement shall comply with regulations on coercive enforcement of civil judgments which articles and rights of assets are forced to be transferred."

15. Amending and supplementing Clause 1, Article 26 as follows:

"Article 26. Judgment execution obligation exemption or reduction with regard to amounts payable into the state budget

1. Judgment debtors who have paid into the state budget an amount at least equal to 1/50 of the payable amount, which must not be lower than the court fee level applicable to cases involving non-monetary requests, may be considered for judgment execution obligation exemption or reduction as prescribed in Clauses 2 and 3, Article 61 of the Law on Enforcement of Civil Judgments.

Decisions on first-time judgment enforcement serve as a basis for determining the duration of judgment execution obligation exemption or reduction prescribed in Clause 1, Article 61 of the Law on Enforcement of Civil Judgments."

16. Amending and supplementing Clauses 5, 6 and 7, Article 34 as follows:

"Article 34. Cases not liable to judgment enforcement charge

5. Recovered loans of the Vietnam Bank for Social Policies in case these loans are provided for the poor and other policy beneficiaries.

6. It is determined under court judgments or decisions that involve non-monetary requests and no court fee with non-monetary requests are collected upon trial.

7. Sums of money or assets are returned to involved parties in cases of proactive enforcement of judgments as prescribed in Point b, Clause 1, Article 36 of the Law on Enforcement of Civil Judgments."

17. Adding Article 34a as follows:

"Article 34a. Judicial assistance in civil affairs in the enforcement of civil judgments

1. Request for foreign countries to provide judicial assistance in civil affairs in the enforcement of civil judgments

a) During the enforcement of judgments or decisions, civil judgment enforcement agencies may request competent foreign agencies to provide judicial assistance.

The order, procedures, dossiers and expenses for requesting competent foreign agencies to provide judicial assistance and judicial entrustment dossiers shall comply with the law on judicial assistance and treaties to which Vietnam is a contracting party;

b) After fully receiving the judicial entrustment results as requested, civil judgment enforcement agencies shall enforce judgments according to law on enforcement of civil judgments. In case the entrustment results are incorrect or insufficient as requested or the Ministry of Justice receives no notice of the judicial entrustment results three months after sending valid judicial entrustment dossiers for the first time, civil judgment enforcement agencies shall continue the judicial entrustment.

In case competent foreign agencies or overseas Vietnamese representations notify unsuccessful judicial entrustment or the Ministry of Justice receives no notice of the judicial entrustment results six months after sending valid judicial entrustment dossiers for the second time to competent foreign agencies or the Ministry of Foreign Affairs, civil judgment enforcement agencies shall base themselves on available documents to settle the enforcement of civil judgments as prescribed by law on enforcement of civil judgments.

For judgment enforcement regarding handover of papers and documents related to assets and personal records of involved parties, in case competent foreign agencies or overseas Vietnamese representations notify unsuccessful judicial entrustment or the involved parties fail to receive the papers and documents one year after the Ministry of Justice has sent valid judicial entrustment dossiers (for the second time) to competent foreign agencies or the Ministry of Foreign Affairs, civil judgment enforcement agencies shall carry out the procedures for handing the papers and documents to the agencies that have issued such papers and documents.

2. Provision of judicial assistance for foreign countries in the enforcement of civil judgments

Civil judgment enforcement agencies shall receive and handle competent foreign agencies' judicial assistance requests involving the enforcement of civil judgments.

The order and procedures for responding to competent foreign agencies' judicial assistance requests involving the enforcement of civil judgments shall comply with the law on judicial assistance and treaties to which Vietnam is a contracting party.

3. Competence to request and provide judicial entrustment in civil affairs in the enforcement of civil judgments

a) Provincial-level civil judgment enforcement agencies may request and provide judicial assistance in the enforcement of civil judgments;

b) In the process of settling the enforcement of judgments or decisions, if arise requests for judicial assistance in civil affairs, district-level civil judgment enforcement agencies shall make judicial entrustment dossiers as prescribed in Article 11 of the Law on Judicial Assistance and documents guiding implementation and send them to provincial-level civil judgment enforcement agencies for judicial entrustment. Civil judgment enforcement agencies have competence to make requests for judicial assistance in civil affairs through judicial entrustment sent to the Ministry of Justice."

18. Adding Article 34b as follows:

"Article 34b. Direction of enforcement of major and complicated judgment enforcement cases

1. In necessary case, at the proposal of the Minister of Justice, the Prime Minister shall establish steering committees for judgment enforcement for specific cases.

2. The steering committee for judgment enforcement stated in Clause 1 of this Article shall assist the Prime Minister in directing the enforcement of major and complicated judgment enforcement cases with security, political and social order and safety effects."

Article 2. Effect and implementation responsibility

1. This Decree takes effect on December 01, 2013.

2. Heads of judgment enforcement agencies, judgment enforcers, judgment enforcement officers, and other individuals and organizations that fail to strictly abide by judgments or decisions, delay enforcement of judgments, illegally apply coercive judgment-enforcement measures, or violate regulations on civil judgment enforcement procedures shall be administratively handled, disciplined or examined for penal liability and, if causing damage, shall pay compensations.

In case judgment creditors being agencies, organizations or enterprises that are eligible for enforcement of sums of money and assets under state ownership but do not request judgment enforcement within 01 year after judgments or decisions take legal effect, agencies directly managing these agencies, organizations or enterprises shall direct them to request judgment enforcement.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People's Committees of provinces and centrally-run cities shall organize the implementation of this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 


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            Decree No. 125/2013/ND-CP amending No. 58/2009/ND-CP guiding Law on enforcement of civil judgments
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            Số hiệu125/2013/ND-CP
            Cơ quan ban hànhChính phủ
            Người kýNguyễn Tấn Dũng
            Ngày ban hành14/10/2013
            Ngày hiệu lực01/12/2013
            Ngày công báo...
            Số công báo
            Lĩnh vựcThủ tục Tố tụng
            Tình trạng hiệu lựcHết hiệu lực 01/09/2015
            Cập nhật4 năm trước

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