Thông tư liên tịch 03/2014/TTLT-BTP-NHNNVN

JOINT CIRCULAR

ON GUIDELINES FOR VERIFICATION OF ENFORCEMENT CONDITIONS CARRIED OUT BY BAILIFFS AT CREDIT INSTITUTIONS

Pursuant to Law on enforcement of civil judgments dated 2008;

Pursuant to Law on credit institutions dated 2010;

Pursuant to Resolution No. 36/2012/QH13 dated November 23, 2012 of the National Assembly on continuation in pilot implementation of institution of bailiffs;

Pursuant to Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on pilot organization and operation of bailiffs in Hochiminh city;

Pursuant to Decree No. 135/2013/NĐ-CP dated October 18, 2013 of the Government on amendments to name and a number of articles of Decree No. 61/2009/NĐ-CP dated July 24, 2009 of the Government on pilot organization and operation of bailiffs in Hochiminh city;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Justice;

Pursuant to the Government's Decree No. 156/2013/NĐ-CP dated November 11, 2013 defining the functions, tasks, entitlements and organizational structure of the State bank of Vietnam;

The Minister of Justice and the Governor of the State bank of Vietnam jointly issue a Joint Circular on guidelines for verification of enforcement conditions carried out by bailiffs at credit institutions.

Article 1. Scope

1. This Circular promulgates verification of enforcement conditions carried out by bailiffs related to requests for information about balance of account, deposits or assets of the judgment debtor which is the client (hereinafter referred to as information of client) at credit institutions, branches of foreign banks (hereinafter referred to as credit institutions) of central-affiliated cities and provinces (hereinafter referred to as provinces) where pilot bailiff institution is carried out.

2. This Circular applies to the following cases:

a) Verifying enforcement conditions of a case under competence of Civil judgment enforcement agencies within the scope of the province where the Office of bailiffs locates.

b) Verifying enforcement conditions of a case beyond the province prescribed in Point a of this Clause if the judgment debtor has accounts, deposits or assets at credit institutions in that city or province.

Article 2. Regulated entities

1. Offices of bailiffs.

2. Credit institutions.

3. Agencies, organizations, and individuals related to verification of enforcement conditions carried out by bailiffs.

Article 3. Methods and procedures for request for information

1. Information provision shall be requested under one of two methods below:

a) The bailiff sends a written request for information provision to a credit institution;

b) The bailiff directly verifies enforcement conditions at a credit institution.

2. A written request for information provision must contain:

a) Bases for request for information provision (name of effective judgment; judgment on verification enclosed with these documents and a copy of the agreement on verification of enforcement conditions; and enforcement judgment if the Office of bailiffs directly carries out the judgment enforcement);

b) Information about the client which is the judgment debtor (name, address of head office (if the client is an organization); full name, address and ID card, passport number, if any (if the client is an individual) and necessary information;

c) Other information as prescribed in Clause 1 Article 1 of this Circular;

d) Time for information provision as prescribed in Clause 1 Article 4 of this Circular;

dd) Other relevant information.

3. The request for information provision enclosed with relevant documents prescribed in Point a Clause 2 of this Article shall be sent to the credit institution and the branch of the State bank of province, the People’s Procuracy of district where the Office of bailiffs locates.  When carrying out verification as prescribed in Point b Clause 2 Article 1 of this Circular, the bailiff is required to send above documents to the branch of the State bank of province where the verification is carried out.

4. With regard to direct verification, the bailiff shall present letter of introduction of the Office of bailiffs, his/her bailiff card enclosed with relevant documents as prescribed in Point a Clause 2 of this Article and announce decision on verification or enforcement judgment; then make a report on the verification. The report must be borne by signatures of the bailiff and information providers of the credit institution. If it fails to provide information, the report must clarify reasons. The report shall be made in 02 copies, each party shall keep 01 copy.

5. Within 03 working days, from the date on which the verification result is received or the report on verification is made, the Office of bailiffs must send the verification result or the report on verification to the branch of the State bank of the province and the People’s Procuracy of district where the Office of bailiffs locates. When carrying out verification as prescribed in Point b Clause 2 Article 1 of this Circular, the bailiff is required to send above documents to branches of the State bank of province where the verification is carried out.

Article 4. Information provision of credit institutions

1. Legal representative of a credit institution must provide information through a report on verification (for direct verification prescribed in Clause 4 Article 3 of this Circular) or through written information provision prescribed in Clause 2 of this Article within 03 working days, from the date on which the written information provision is received.

2. A written information provision of the credit institution shall contain:

a) Time for information provision;

b) Contents of information provided at the request (prescribed in Clause 1 Article 1 of this Circular).

3. The credit institution may refuse to provide information in the following cases:

a) The case is not under competence in verification of the bailiff.

b) In the same case, there is the same request at the same time which other enforcement officials or bailiffs carried out the verification.

c) The client requesting information provision is not the judgment debtor under competence in verification of the bailiff.

d) Requested information beyond of the information prescribed in Clause 1 Article 1 of this Circular.

dd) Dossier on request for information provision is lack of documents prescribed in Point a Clause 2 Article 3 of this Circular. 

If the dossier is rejected, the credit institution must provide explanation in writing.

Article 5. Responsibility for use and confidentiality of information

1. The information provided is only used for effective judgment enforcement and preserved confidentiality.

2. Bailiffs, Office of bailiffs, requester of verification of enforcement conditions and relevant agencies or organizations must ensure the confidentiality of information provided and use them for appropriate purpose as prescribed.

3. Any agencies, organizations, and individuals commit violations prescribed in Clause 1 or Clause 2 of this Article shall be faced administrative violations or liable to criminal prosecution according to nature and severity of the violations, if they cause damages, they must pay compensation as prescribed in regulations of law.

Article 6. Implementation

1. Every 6 month or irregularly, Director of Services of Justice must exchange with Director of branch of the State bank of province where the pilot bailiff institution is carried out about the operation of Offices of bailiffs in the province.

2. If there is any difficulties that arise during the implementation of this Circular, Offices of bailiffs, credit institutions or relevant agencies, organizations, and individuals shall promptly send reports to the Ministry of Justice and the State bank of Vietnam for consideration.

Article 7. Effect

1. This Circular takes effect from March 5, 2014.

2. This Circular shall apply to cases which the Office of bailiffs have been handled verification but they have not finished until the effective date of this Circular./.