ORDINANCE
ON EXECUTION OF CIVIL JUDGMENTS
(No. 13/2004/PL-UBTVQH11 of January 14, 2004)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the 10th National Assembly, the 10th session;
This Ordinance prescribes the execution of civil judgments.
Chapter I
GENERAL PROVISIONS
Article 1. Regulation scope
1. This Ordinance prescribes the organization of, and procedures for, execution of civil judgments.
2. The civil judgments and decisions stated in this Ordinance shall include:
a) Court judgments and decisions on civil issues, marriage and family, labor, economic matters;
b) Foreign courts' civil judgments and decisions, foreign arbitration's awards, which are recognized and permitted for execution in Vietnam by Vietnamese courts;
c) Decisions on civil matters, fines, property confiscation, handling of evidences, property, retrospective collection of illicitly procured money and assets, legal costs in criminal judgments and decisions of courts;
d) Decisions on property part in the administrative judgments or decisions of courts;
e) Decisions on bankruptcy declaration;
f) Decisions of Vietnam Trade Arbitration;
g) Other judgments and decisions prescribed by law.
Article 2. Civil judgments and decisions to be executed
The civil judgments and decisions to be executed under this Ordinance shall include:
1. The civil judgments and decisions prescribed in Article 1 of this Ordinance, which have already taken legal effect:
a) The first-instance courts' judgments and decisions or parts thereof, which are not appealed or protested against according to the appellate procedures;
b) Judgments and decisions of the courts of appeal;
c) Courts' decisions on cassation or reopening trial;
d) Foreign courts' civil judgments and decisions and foreign arbitration's awards, which are recognized and permitted for execution in Vietnam by Vietnamese courts;
e) Effective awards of Vietnam Trade Arbitration;
2. Civil judgments and decisions prescribed in Article 1 of this Ordinance, which are not yet legally valid but are executed immediately:
a)The first-instance courts' judgments and decisions on alimony, wage payment, remuneration payment, severance allowance, job-loss allowance, social insurance or compensation for loss of human lives, health, reinstatement of laborers;
b) Courts' decisions on temporary urgent measures to secure the trial and judgment execution.
Article 3. Securing the effect of civil judgments and decisions
The legally effective civil judgments and decisions must be strictly executed by the judgment debtors, the judgment creditors, the persons with rights and obligations related to the judgment execution (referred collectively to as the involved parties) and must be respected by State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people's armed force units and individuals.
Article 4. Grounds for judgment execution
Civil judgments and decisions shall be executed on the following grounds:
1. The to be executed civil judgments and decisions are those prescribed in Article 2 of this Ordinance;
2. The judgment execution decisions.
Article 5. Right to request judgment execution
1. If the involved parties fail to voluntarily execute judgments, the judgment creditors or the judgment debtors shall base themselves on the civil judgments and/or decisions to request the competent judgment -executing bodies to issue decisions on judgment execution.
2. The judgment execution requesters must file their written applications for judgment execution or personally come to the judgment-executing bodies to clearly state the contents of their requests and information related to the judgment execution, enclosed with the civil judgments or decisions.
Article 6. Voluntary execution of judgments
1. The State encourages the involved parties to voluntarily execute judgments.
2. The judgment creditors and the judgment debtors are entitled to negotiate with each other on the time, venue and mode of judgment execution, which, however, must not be contrary to law and social morality.
3. Basing themselves on the judgment execution decisions, the executors shall set a time limit of no more than thirty days counting from the date of receiving the judgment execution decisions for the judgment debtors to voluntarily execute the judgments, except for cases prescribed in Clause 2, Article 7 of this Ordinance.
Article 7. Forced execution of judgments
1. If the judgment debtors have conditions to execute them but fail to voluntarily executive the judgments shall be forced to execute them according to the provisions in this Ordinance.
Upon the expiry of the time limit for voluntary execution of judgments as provided for in Clause 3, Article 6 of this Ordinance, if the judgment debtors have conditions to execute them but fail to execute the judgments, the judgment-executing bodies must issue decisions to force the judgment execution.
2. Where it is necessary to prevent the judgment debtors from dispersing or destroying assets or shirking the judgment execution, the executors shall have the right to apply in time coercive measures prescribed in Article 37 of this Ordinance.
3. Forced judgment execution must not be organized on holidays prescribed by the labor legislation and within the period from 22.00 hrs to 06.00 hrs of the following day or for other special reasons prescribed by the Government, except for the cases prescribed in Clause 2 of this Article, but the reasons therefor must be clearly inscribed in the minutes thereof.
Article 8. Responsibilities of agencies, organizations, people's armed force units and individuals in judgment execution
1. The State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, people's armed force units within the ambit of their respective tasks and powers, and individuals have the responsibility to fully satisfy the requests of executors in judgment execution.
2. The presidents of the People's Committees at all levels shall, within the scope of their respective tasks and powers, have to direct the organization of coordination among the concerned agencies in the execution of judgments in their respective localities.
The commanders of military zones or the equivalent level shall, within the scope of their tasks and powers, have to direct the organization of coordination among the concerned agencies in execution of judgments in their respective military zones or the equivalent level.
3. The police offices have the task to maintain order and stop in time all acts of obstructing or resisting the judgment execution. Where it is necessary to apply measures of coercive judgment execution, the police offices and other concerned agencies shall have the task of coordinating with one another in meeting the requests of the heads of the judgment-executing bodies or executors.
Article 9. Securing legitimate rights and interests of the persons related to the judgment execution
The persons with rights and obligations related to judgment execution may participate in the judgment execution and have the right to complain or initiate lawsuits according to law provisions in order to protect their legitimate rights and interests.
Article 10. Supervision of judgment execution
Within the scope of their tasks and powers, the people's procuracies shall supervise the law observance in judgment execution by the involved parties, the judgment-executing bodies, executors and other State agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, economic organizations, people's armed force units and individuals related to judgment execution in order to ensure the prompt, adequate and lawful execution of judgments.
Chapter II
CIVIL JUDGMENT-EXECUTING BODIES AND EXECUTORS
Section 1
CIVIL JUDGMENT-EXECUTING BODIES
Article 11. Civil judgment-executing bodies
The civil judgment-executing bodies shall include:
1. The civil judgment-executing bodies of the provinces or centrally-run cities (hereinafter referred collectively to as the provincial-level judgment-executing bodies);
2. The civil judgment-executing bodies of rural districts, urban districts, provincial capitals or towns (hereinafter called collectively to as the district-level judgment-executing bodies);
3. The judgment-executing bodies of military zones or the equivalent level (hereinafter referred collectively to as the military zone-level judgment-executing bodies).
The organization, tasks and specific powers of the judgment-executing bodies shall be prescribed by the Government.
Section 2
EXECUTORS, HEADS OF JUDGMENT-EXECUTING BODIES
Article 12. Executors
1. Executors are the persons tasked by the State to execute the civil judgments and decisions prescribed in Article 2 of this Ordinance.
Executors are appointed for five-year term.
2. When performing their tasks and exercising their powers, the executors must abide by law and take responsibility before law for the judgment execution.
3. Executors are provided with uniforms, insignia, executor's cards for use when performing their duties and enjoy salaries according to ranks and grades prescribed by the Government.
Article 13. Criteria and appointment, relief from duties and demotion of executors
1. Vietnamese citizens who are loyal to the Fatherland, honest, non-corruptible, possess good ethics, law bachelor or higher degree, have been trained in judgment execution operations, have been engaged in legal work for a duration prescribed in this Article, and have good health to fulfill their assigned tasks can be selected and appointed to be executors.
2. Persons who fully satisfy the criteria prescribed in Clause 1 of this Article, have been engaged in legal work for four years or more, and have capability to perform jobs falling under the competence of the district-level judgment-executing bodies can be selected and appointed to be executors of district-level judgment-executing bodies.
3. Persons who fully satisfy the criteria prescribed in Clause 1 of this Article and have worked as executors of the district-level judgment-executing bodies for five years or more, have capability to perform jobs falling under the jurisdiction of the provincial-level judgment -executing bodies can be selected and appointed to be executors of provincial-level judgment-executing bodies.
Where it is due to the judgment-executing bodies' personnel demands, the persons who fully satisfy the criteria prescribed in Clause 1 of this Article and have been engaged in legal work for ten years or more, have the capability to perform jobs which fall under the jurisdiction of the provincial-level judgment-executing bodies can be selected and appointed to be executors of the provincial-level judgment-executing bodies.
4. The persons who fully satisfy the criteria prescribed in Clause 1 of this Article, are army offices in active service, have been engaged in legal work for ten years or more, have the capability to perform jobs which fall under the jurisdiction of the military zone-level judgment-executing bodies can be selected and appointed to be executors of the military zone-level judgment-executing bodies.
5. The appointment, relief from duty and dismissal of executors shall be decided by the Justice Minister at the proposals of the Executor Selection Council.
The Government shall prescribe the composition of the Executor Selection Council, the conditions and procedures for appointment, relief from duty and dismissal of executors of judgment-executing bodies.
Article 14. Tasks and powers of executors
The executors shall have the following tasks and powers:
1. To strictly execute the contents of court judgments or decisions; to correctly apply law provisions on the judgment execution order and procedures, ensuring the interests of the State, the legitimate rights and interests of the involved parties;
2. To summon the involved parties, persons related to the judgment execution to the offices of the judgment-executing bodies or the People's Committees of communes, wards or townships where judgments are to be executed for judgment execution; to explain and persuade the involved parties to voluntarily execute the judgments;
3. To set time limits for the judgment debtors to voluntarily execute the judgments as provided for in Clause 3, Article 6 of this Ordinance;
4. To verify the properties and judgment execution conditions of the judgment debtors; to request the concerned agencies, organizations and individuals to supply documents for verification of the addresses and properties of the judgment debtors or coordinate with the concerned agencies in handling material evidences, properties and other matters related to the judgment execution;
5. To decide on the application of coercive judgment execution measures prescribed in this Ordinance in order to ensure the judgment execution;
6. To make records on acts of law violation in judgment execution; to decide on administrative sanctions according to competence or propose the heads of the judgment-executing bodies of the same level to request the competent State bodies to discipline, administratively sanction or penal-liability examine the violators;
7. To perform other tasks assigned by heads of judgment executing bodies.
Article 15. Heads of judgment-executing bodies
1. The heads of judgment-executing bodies shall be appointed among the executors.
2. The executors of the provincial-level or district-level judgment-executing bodies, who have capability to manage and administer affairs of the district-level judgment-executing bodies can be considered for appointment to be heads of the district-level judgment-executing bodies.
3. The executors of the provincial-level judgment-executing bodies or heads of district-level judgment-executing bodies, who have capability to manage and administer affairs of the provincial-level judgment-executing bodies can be considered for appointment to be heads of provincial-level judgment-executing bodies.
4. The appointment, relief from duties and dismissal of heads of provincial-level or district-level judgment-executing bodies shall be decided by the Minister of Justice.
5. The criteria, appointment, relief from duties and dismissal of heads of military zone-level judgment-executing bodies shall be prescribed by the Minister of Defense.
The Government shall prescribe the procedures for appointment, relief from duties and dismissal of heads of judgment-executing bodies.
Article 16. Tasks and powers of the heads of judgment-executing bodies
The heads of judgment-executing bodies shall have the following tasks and powers:
1. To issue decisions on judgment execution;
2. To assign executors to perform the judgment execution;
3. To professionally guide, direct and examine the judgment execution by executors or subordinate judgment-executing bodies under the provisions of law;
4. To request agencies, organizations, people's armed force units to coordinate in organizing the judgment execution;
5. To request the courts which have handed down the judgments or decisions to explain in writing unclear points in such judgments or decisions for execution;
6. To propose the persons competent to consider protests according to cassation or reopening procedures against legally valid judgments or decisions if having grounds showing law violations in the settlement of cases or detecting new circumstances;
7. To settle complaints and denunciations against judgment execution and reply protests against judgment execution according to competence;
8. To administratively sanction according to competence; to propose competent State bodies to discipline, administratively sanction or penal-liability examine the violators;
9. To report on the work of judgment execution before the superior judgment-executing bodies and the People's Committees of the same level. The reporting on the work of judgment-executing by the heads of military zone-level judgment-executing bodies shall be stipulated by the Minister of Defense.
Deputy-heads of the judgment-executing bodies shall assist their heads, performing tasks and exercising powers as assigned or authorized by the latter.
Article 17. Uniform of State officials performing the work of judgment execution
State officials performing the work of civil-judgment execution shall be supplied with uniforms as provided for by the Government.
Chapter III
JUDGMENT EXECUTION PROCEDURES
Article 18. Supplying court judgments or decisions
When court judgments or decisions are executed under the provisions in Article 2 of this Ordinance, the courts which have handed down such judgments or decisions shall have to supply the judgment creditors and the judgment debtors with such judgments or decisions, which are inscribed with "for execution."
The courts must explain to the judgment creditors and the judgment debtors the rights and time limits to request the judgment execution as well as the judgment execution obligations as provided for by law.
Article 19. Sending and explaining court judgments or decisions
1. For the court judgments or decisions prescribed at Points a, b, c and d, Clause 1, Article 2 of this Ordinance, the courts which have handed down such judgments or decisions shall have to send the judgments or decisions to the judgment-executing bodies and the procuracies of the same level with the courts which have conducted the first-instance trial within thirty days as from the date the judgments or decisions take legal effect.
2. For judgments and decisions to be executed under the provisions at Point a, Clause 2, Article 2 of this Ordinance, the courts which have handed down such judgments or decisions shall have to send the judgments or decisions to the judgment-executing bodies and the procuracies of the same level with the courts which have conducted the first-instance trial within ten working days as from the date of issuance of such judgments or decisions.
For decisions on temporary urgent measures, the courts which have issued the decisions shall have to transfer such decisions to the judgment-executing bodies of the same level.
3. When transferring the judgments or decisions, the courts must enclose them with the records on distraint, temporary seizure of material evidences, properties, other relevant documents (if any).
4. In case of receiving the requests of the heads of the judgment-executing bodies for the explanation of the judgments or decisions, within fifteen days as from the date of receiving such requests, the courts which have handed down such judgments or decisions must give their written replies.
Article 20. Judgment execution fees
The judgment creditors, when filing their written requests for judgment execution, shall have to pay judgment execution fees for the judgment execution parts with value calculated on the property value to be actually received by such persons.
The judgment execution fee level, collection, payment, management, use, exemption and reduction shall be prescribed by the Government.
Article 21. Competence to issue judgment execution decisions
1. The heads of the provincial-level judgment-executing bodies shall issue decisions on the execution of the following judgments and decisions:
a) The first-instance judgments and decisions of provincial/municipal people's courts;
b) The judgments and decisions which fall under the judgment execution-deciding competence of the heads of the district-level judgment-executing bodies, but, due to their complexity and involvement with many districts, are deemed necessary to take them to the provincial level for execution;
c) The judgments and decisions of the Supreme People's Courts, which are sent to provincial-level judgment-executing bodies;
d) The judgments and decisions entrusted by judgment-executing bodies in other localities;
e) The civil judgments and decisions of foreign courts, awards of foreign arbitration, which have been recognized by Vietnamese courts and permitted for execution in Vietnam;
f) Awards of Vietnam Trade Arbitration.
2. The heads of the military zone-level judgment-executing bodies shall issue decisions on execution of the following judgments and decisions:
a) The decisions on property in criminal cases of the military courts of military zone or equivalent level;
b) The decisions on property in criminal cases of the regional military courts in the geographical areas of the military courts of military zone or equivalent level;
c) The decisions on property in criminal cases of the Central Military Court, which are transferred to military zone- level judgment-executing bodies;
d) The judgments and decisions of the Supreme People's Courts, which are sent to military zone-level judgment-executing bodies;
e) The judgments and decisions entrusted by judgment-executing bodies of other localities.
3. The heads of the district-level judgment-executing bodies shall issue decisions on execution of the following judgments and decisions:
a) The first-instance judgments and decisions of the people's courts of rural districts, urban districts, provincial capitals or towns;
b) The appellate judgments and decisions of the provincial/municipal people's courts;
c) The judgments and decisions of the Supreme People's Court, which are sent to district-level judgment-executing bodies;
d) The judgments and decisions entrusted by judgment-executing bodies of other localities.
Article 22. Taking initiative in issuing judgment execution decisions
1. The heads of judgment execution bodies shall take initiative in issuing decisions on execution of the following parts of judgments or decisions:
a) The legal costs, court fees, return of advanced legal cost or court fee;
b) Pecuniary fines;
c) Confiscation of property, collection of tax arrears, retrospective collection of illicitly earned money or assets;
d) Handling of seized material evidences, assets;
e) Recovery of land under court decisions;
f) Court decisions on temporary urgent measures.
2. The time limit for issuing a judgment execution decision is five working days as from the date of receiving the judgment or decision; for decisions on temporary urgent measures, the judgment execution decisions must be issued immediately.
Article 23. Issuing judgment execution decisions at written requests
Except for the cases prescribed in Article 22 of this Ordinance, the heads of judgment-executing bodies shall only issue judgment execution decisions at requests of the judgment creditors or the judgment debtors.
The time limit for issuing a judgment execution decisions is five working days counting from the date of receiving the request for judgment execution.
Article 24. Entrustment of judgment execution
1. The heads of the judgment-executing bodies with competence to issue judgment execution decisions may entrust the judgment execution to the judgment-executing bodies in the localities where the judgment debtors reside, work, have their property or headquarters.
The time limit for issuing decisions on judgment execution entrustment shall not exceed five working days counting from the date of determining the existence of grounds for entrustment.
2. The Government shall prescribe the judgment execution entrustment.
Article 25. The statute of limitations for requesting judgment execution
1. Within three years counting from the dates the judgments or decisions take legal effect, the judgment creditors and/or the judgment debtors may request competent judgment-executing bodies to issue decisions on judgment execution.
In cases where the time limits for fulfillment of obligations are fixed in the judgments or decisions of courts, the three year- time limit shall be calculated from the date the obligations turn due.
For judgments and decisions to be executed periodically, the three-year time limit shall apply to each period, counting from the date the obligations turn due.
2. If the judgment execution requesters can prove that due to objective obstacles or force majeure incidents they cannot make the judgment execution requests as scheduled, the duration in which the objective obstacles or force majeure incidents exist shall not be counted into the statute of limitations for requesting the judgment execution.
For cases of postponement or suspension of judgment execution as provided for in Articles 26 and 27 of this Ordinance, the postponement or suspension duration shall not be counted into the statute of limitations for requesting the judgment execution.
3. The heads of the judgment-executing bodies with competence to issue judgment execution decisions shall consider and issue decisions to restore the statute of limitation for requesting the judgment execution. In cases where there are no grounds to restore the statute of limitations for requesting the judgment execution, the heads of the judgment-executing bodies shall issue decisions not to accept the expired judgment execution requests of such persons.
4. The statute of limitations prescribed in Clause 1 of this Article shall not apply to the cases prescribed in Article 22 of this Ordinance, except otherwise provided for by law.
Article 26. Postponement of judgment execution
1. The heads of the judgment-executing bodies shall issue decisions to postpone judgment execution in the following cases:
a) The judgment debtors get serious ailments or have their residences not yet identified or for other plausible reasons, and cannot fulfill their obligations which, under the judgments or decisions, must be performed by such persons themselves;
b) The judgment creditors agree to let the judgment debtors postpone the execution thereof;
c) The persons who must fulfill the payment of State budget remittances have no property or have property with value not enough for coercive execution of judgments or have property which must not be distrained;
d) There exist disputes over the distrained property as provided for in Clause 5, Article 41 of this Ordinance, which are being processed and settled by courts.
2. The persons competent to protest against court judgments or decisions are entitled to request the postponement of judgment execution once for consideration of protests according to the cassation or reopening procedures. The heads of the judgment-executing bodies must issue decisions to postpone the judgment execution upon the receipt of judgment execution postponement requests of the persons competent to protest.
The time limit for postponement of judgment execution at the requests of the persons competent to protest shall not exceed ninety days as from the date of issuance of the postponement decisions.
3. Within three working days as from the date the judgment execution postponement conditions prescribed in Clause 1 of this Article no longer exist or upon the expiry of the time limit for judgment execution postponement at the requests of the persons competent to protest, if no protests are made, the heads of the judgment-executing bodies must issue decisions to continue the judgment execution.
4. In cases where judgments or decisions have been already executed partially or entirely before the receipt of the judgment execution postponement requests of the persons competent to protest, the heads of the judgment-executing bodies must notify such in writing to the persons competent to protest.
Article 27. Suspension of judgment execution
The judgment execution shall be suspended in the following cases:
1. The judgment debtors have been given court decisions to open procedures for settlement of requests for bankruptcy declaration. The heads of the judgment-executing bodies shall issue decisions to suspend the judgment execution when the judgment debtors are given court decisions to open procedures for settlement of requests for bankruptcy declaration, except for the execution of money amounts prescribed at Point a, b and c, Clause 1, Article 51 of this Ordinance;
2. The persons who have protested against court judgments or decisions according to cassation or reopening procedures may suspend the execution of such judgments or decisions. The judgment execution suspension time limit shall not exceed six months as from the date of issuance of judgment execution suspension decisions. The heads of the judgment-executing bodies shall issue decisions to resume the judgment execution when receiving the cassation or reopening decisions of courts or decisions of the persons competent to protest to withdraw the protests.
In cases where the judgments or decisions have already been executed partially or entirely before the receipt of judgment execution suspension decisions of the persons competent to protest, the heads of the judgment-executing bodies must notify such in writing to the protesters.
Article 28. Cessation of judgment execution
The heads of judgment-executing bodies who are competent to issue judgment execution decisions shall have the right to issue decisions to stop the judgment execution in the following cases:
1. The judgment debtors die leaving no legacy or failing to transfer the judgment execution obligations to their heirs according to law provisions;
2. The judgment creditors die while their rights and interests under the judgments or decisions are not transferred to their heirs according to law provisions;
3. The judgment creditors abandon in writing the rights and interests they enjoy under the judgments or decisions, except otherwise provided for by law;
4. The judgment debtors are dissolved agencies or organizations having no more assets while, as provided for by law, their obligations are not transferred to other agencies, organizations or individuals;
5. The judgment debtors have been declared bankrupt. In this case, the judgment execution rights and obligations shall comply with the law provisions on bankruptcy;
6. There are decisions on judgment execution exemption under the provisions in Article 32 of this Ordinance;
7. The judgments or decisions have been cancelled by competent courts;
8. The statute of limitations for requesting the judgment execution has expired.
Article 29. Return of written requests for judgment execution
The heads of the judgment-executing bodies, who are competent to issue decisions on judgment execution, shall have the right to return the written requests for judgment or decision execution to the judgment creditors in cases where decisions are issued to cease the judgment execution or where there are grounds to confirm that the judgment debtors have no property for judgment execution. When the judgment debtors have conditions to execute the judgments, the judgment creditors may request the execution of judgments or decisions within the time limit prescribed in Clause 1, Article 25 of this Ordinance, as from the date they have conditions to execute them.
Article 30. Conclusion of judgment execution
1. The heads of the judgment-executing bodies shall issue decisions to conclude the judgment execution when the judgment debtors, the judgment creditors and the persons with relevant rights and obligations have completely performed their rights and obligations under the judgments or decisions.
2. The judgment execution shall automatically end when there are decisions of the heads of competent judgment-executing bodies to stop the judgment execution.
Article 31. Transfer of rights and obligations to execute judgments
When the judgment debtors, the judgment creditors or the persons with relevant rights and interests die, if they are individuals, or are consolidated, merged, dissolved, divided or separated, if they are legal entities, the rights and obligations to execute the judgments are transferred according to the provisions of law.
The Government shall prescribe the judgment execution procedures in case of transferring the rights and obligations to execute judgments.
Article 32. Judgment execution exemption or reduction for legal costs, fine amounts
1. If the judgments debtors have no property, incomes or other conditions for judgment execution, they may be considered for exemption or reduction of judgment execution obligations after the following time limits expire:
a) Five years as from the date of issuance of judgment execution decisions for the legal costs without pre-fixed price rates and fine amounts in drug-related criminal cases, except where the judgment debtors are persons who have committed crimes in an organized manner, committed offenses time and again, abused their positions and powers for big illicit incomes, the time limit shall comply with the provisions at Point b, Clause 1 of this Article;
b) Ten years as from the date of issuance of judgment execution decisions for the legal costs with price rate and other fine amounts.
2. The judgment-executing bodies shall compile dossiers, requesting the competent courts prescribed in Clause 3 of this Article to consider the judgment execution exemption or reduction. The dossiers must include the written exemption or reduction applications of the judgment debtors, with certification of the People's Committees of communes, wards or district townships where such persons reside or the heads of the agencies or organizations where such persons work, and the records made by the executors, certifying the judgment execution conditions of the judgment debtors.
3. The courts of the same level with the judgment-executing bodies which have proposed the judgment execution exemption or reduction shall be competent to consider and decide on judgment execution exemption or reduction for the legal costs and fine amounts.
4. The subjects and conditions for consideration of judgment execution exemption or reduction for legal costs and fine amounts and the consideration of judgment execution exemption or reduction for such legal costs and fine amounts shall be prescribed by the Government.
Article 33. Financial supports for judgment execution
In cases where the agencies and organizations which are compelled to execute the judgments operate with funding totally provided by the State budget are unable to execute the judgments, they shall be considered for supports from the State budget for the judgment execution.
The handling of material liability of the persons who have caused damage shall comply with law provisions.
The Government shall specify the financial supports from the State budget for judgment execution.
Article 34. Notification on judgment execution
1. Decisions, notices, summons on judgment execution must be notified to the judgment creditors, the judgment debtors and the persons with relevant rights and interests.
The notified persons have the obligations to receive the notices and bear responsibility for their deliberate refusal to receive the notices.
2. The notification shall be made in the following forms:
a) The executors, judgment execution officials directly hand the papers prescribed in Clause 1 of this Article to the notified persons. In cases where it is difficult to make direct delivery, the notification shall be effected with registered mails sent through post offices.
If the notified persons are absent, the papers on judgment execution shall be handed over to the heads of the agencies where such persons work or the commune-level judicial officials or their relatives who have full civil act capacity and live in the same families. The persons who receive the papers on the notified persons' behalf must pledge to hand them in time and within the prescribed time limit to the notified persons. The hand over and receipt of notifications must be signed for certification;
b) In cases where the notification prescribed at Point a of this Clause cannot be effected, the original notifications must be posted up at the offices of the People's Committees of communes, wards or district townships where the notified persons reside or at their residence places if they can be identified.
The posting up must be recorded in writing, with the date of posting up, the notification contents and the up-posters being clearly inscribed, with certification of the local administrations;
c) In cases where the notification prescribed at Point a of this Clause cannot be effected or the posting up prescribed at Point b of this Clause yields no results, the public notice shall be made for two consecutive times on central or provincial/municipal newspapers, radio or television stations if the involved persons are identified as having been in such localities.
When the public notices are made on the mass media, the newspapers, radio or television agencies must send written certifications that such notification have been effected to the judgment-executing bodies for inclusion in the judgment execution files.
3. If the persons who are obliged to make such notification fail to properly fulfill their responsibility, they may, depending on the seriousness of their violations and the consequences thereof, be disciplined, administratively sanctioned or examined for penal liability under law provisions; if causing damage, they must pay compensations therefore.
4. The judgment execution decisions must be sent to the procuracies of the same level.
Article 35. Handling of confiscated assets
The confiscated assets being weapons, explosives, radioactive substances, military equipment and technical means or objects of historical or cultural relics shall be handed to the State agencies managing such assets according to law provisions.
For other assets, the executors hand them to the finance bodies for handling according to law provisions.
Article 36. Destruction of material evidences, assets
1. The destruction of material evidences and/or assets shall be carried out in the following cases:
a) The material evidences and/or assets must be destroyed under the court judgments or decisions;
b) The assets which, as declared by such judgments or decisions, must be returned to the involved parties, distrained or seized assets, which are damaged and no longer have value and are not reclaimed by the involved parties;
c) The assets which fall into the cases defined in Clause 4, Article 54 of this Ordinance.
2. The heads of the judgment-executing bodies must issue decisions to set up property destroying council comprising the executor as its president, the representative of the finance body of the same level as its member and representatives of the professional offices, if necessary. The procuracies of the same level shall supervise the destruction of material evidences and assets.
3. Funding for destruction of material evidences and assets under court judgments or decisions shall be provided by the State budget.
Chapter IV
COERCIVE JUDGMENT EXECUTION
Section 1
GENERAL PROVISIONS ON COERCIVE JUDGMENT EXECUTION
Article 37. Coercive measures for judgment execution
The executors are entitled to apply the following coercive measures for judgment execution:
1. Deduction of account deposits, deduction of money, recovery of valuable papers of the judgment debtors;
2. Deduction of incomes of the judgment debtors;
3. Blockade of accounts, property of the judgment debtors at banks, credit organizations, State treasuries;
4. Distraining, handling of assets of the judgment debtors, including their assets being held by the third persons;
5. Forced handover of houses, transfer of land use right or handover of objects or other assets;
6. Ban from doing certain jobs or being forced to do certain jobs.
Article 38. Expenses for coercive judgment execution
1. The judgments debtors must bear the costs of coercive judgment execution. The heads of the judgment-executing bodies may consider the exemption or reduction of expenses for coercive judgment execution.
2. Expenses for coercive judgment execution shall be advanced from the funding of the judgment-executing bodies and be reimbursed immediately after the judgment-executing bodies collect money from the judgment debtors.
The Government shall specify the expenses for coercive judgment execution as well as the exemption, reduction, advance and reimbursement thereof.
Section 2
COERCIVE EXECUTION OF MONEY PAYMENT OBLIGATIONS
Article 39. Deduction of account deposits, deduction of money, recovery of valuable papers of the judgment debtors
1. When detecting that the judgment debtors have money in their accounts at banks, credit institutions or State treasuries, the executors shall issue decisions on deduction thereof for judgment execution.
Banks, credit institutions or State treasuries must supply figures on the accounts of the judgment debtors and execute the executors' decisions on deduction of accounts of such persons.
When there are grounds to believe that the judgment debtors show signs of dispersing money in their accounts, the executors may issue decisions on blockade of such accounts.
2. For money amounts and valuable papers of the judgment debtors, which are being held by the third persons, the executors shall issue decisions to subtract such money or to recover the valuable papers for judgment execution. The persons who are holding the money of the judgment debtors shall have to execute the decisions of the executors.
3. The executors' decisions on deduction of account money, deduction of money or recovery of valuable papers of the judgment debtors must be sent to the judgment creditors, the judgment debtors, the agencies, organizations or individuals that are holding the money and/or valuable papers of the judgment debtors.
Article 40. Deduction of incomes of the judgment debtors
1. The judgment debtors' incomes shall include salary, retirement or working capacity loss allowances and other lawful incomes. The deductions of the judgment debtors' incomes shall be effected in the following cases:
a) The judgments on alimony are executed, the judgments are periodically executed or the judgment execution money amounts are not large;
b) The judgments or decisions set the measure of deduction of the judgment debtors' incomes for the judgment execution;
c) It is so agreed upon by the parties.
2. The highest salary deduction level is 30% of the monthly salary. For other incomes, the deduction levels shall be based on the actual incomes of the judgment debtors, but must ensure the minimum subsistence conditions for them and the persons whom they have the obligations to nurture and provide alimony under the provisions of law.
3. The executors' decisions on deduction of the judgment debtors' incomes must be sent to the judgment creditors, the judgment debtors, the agencies, organizations or individuals managing the judgment debtors' incomes.
The agencies, organizations or individuals managing the judgment debtors' incomes shall deduct their incomes. Within seven working days as from the date of income deduction, the above-said agencies, organizations or individuals shall have to transfer to the judgment-executing bodies such money amounts for payment to the judgment creditors.
4. When there are changes of income payment venues and levels of incomes of the judgment debtors, the agencies, organizations or individuals executing the decisions on deduction of incomes of such persons must inform the judgment-executing bodies thereof. Within seven working days as from the date of identifying the new income payment venues or new income levels of the judgment debtors, the executors shall have to issue other decisions on deduction of incomes of the judgment debtors.
Article 41. Distraining properties
1. The executors shall have the right to distrain properties if having grounds to believe that such properties belong to the judgment debtors, including the land use rights or properties being held by the third persons, except for the cases prescribed in Article 42 of this Ordinance.
2. The judgment debtors are entitled to propose which properties shall be distrained first, and the executors must accept them if deeming that such proposals do not obstruct the judgment execution.
If the judgment debtors do not make such proposals, the properties under their personal ownership shall be distrained first. Only if they have no personal properties or their personal properties are not enough for judgment execution, can the executors distrain such persons’ portions in the properties under the joint ownership with other persons. Their land use rights, residential houses and offices shall be distrained only when all other properties, after being distrained, are still not enough for judgment execution.
3. The properties of the judgment debtors shall only be distrained enough for the judgment execution and payment of expenses therefor. In cases where a judgment debtor has only one property bigger than the judgment execution obligation, which is indivisible or the division thereof shall considerably reduce the property's value, the executors shall still have the right to distrain such property to ensure the judgment execution.
4. In cases where the judgment debtors have no other properties, the executors are entitled to distrain their properties being pledged or mortgaged, if such properties' value is bigger than the guaranteed obligations. The executors shall have to notify the pledgees or mortgagees of the distraint.
5. Upon the distraint of properties, if there emerge disputes, the executors shall still proceed with the distraint and explain to the involved parties about the right to initiate lawsuits according to the civil procedures. If upon the expiry of the time limit of three months as from the date of distraint, no one initiate lawsuits, the distrained properties shall be handled for the judgment execution.
In cases where it is necessary to determine the judgment debtors' ownership over the common properties, on which the parties cannot reach agreement, the judgment creditors or the executors can request the courts to settle.
6. When the properties are distrained, representatives of the commune/ward/ district township administrations and witnesses must be present. The judgment creditors, the judgment debtors and the persons with relevant rights and obligations shall be informed of the time and venue for distraining the properties. If the judgment debtors are deliberately absent, the executors shall still proceed with the distraint of such persons' properties, but such must be clearly inscribed in the distraint records.
7. For properties requiring the ownership registration or secured transaction registration, after distraining them, the executors must notify the ownership registries or the secured transaction registries thereof.
Article 42. Properties not to be distrained
1. The following properties must not be distrained:
a) Foodstuffs and medicaments essential for the judgment debtors and their families;
b) Labor tools, common daily-life utensils necessary for the judgment debtors and their families;
c) Common worshipping objects.
2. The Government shall specify cases where properties of agencies and organizations must not be distrained; the rights to use agricultural, forestry, aquaculture or salt-making land of individuals and households.
Article 43. Valuation of distrained properties
1. The distrained properties shall be valued under the agreement between the judgment creditors and the judgment debtors as well as co-owners of the properties in case of distraint of common properties. The time limit for the involved parties to reach agreement on prices shall not exceed five working days as from the date the properties are distrained.
2. In cases where the involved parties cannot reach agreement on prices, after the distraint, within fifteen days as from the date the properties are distrained, the executors must set up a valuation council comprising the executor as its president, representatives of the concerned finance bodies and specialized agencies as its members. Within seven working days after being set up, the valuation council must proceed with the valuation; the judgment creditors, the judgment debtors and the persons with relevant rights and obligations may contribute their opinions on the valuation, but the right to decide thereon rests with the valuation council.
3. For distrained properties valued at under VND 500,000 or being of perishable type, if the parties cannot reach mutual agreement on the prices thereof, the executors shall have to set the prices.
4. The property valuation shall be based on the market prices at the time of valuation. For properties with their prices being uniformly controlled by the State, the valuation shall be based on the property prices set by the State.
5. The heads of judgment-executing bodies shall organize the re-evaluation of properties in the following cases:
a) There are grounds to verify violations of the valuation procedures;
b) There appear big price fluctuations;
c) Past six months as from the valuation date, the properties have not yet been sold.
6. The judgment creditors, the judgment debtors and the persons with relevant rights and obligations may complain about prices before the properties are sold.
Article 44. Transfer of properties for judgment execution
1. Where the judgment creditors and the judgment debtors agree to let the former take the distrained properties for deduction from the money amounts they are entitled to from the judgment execution, the executors shall make records thereon and transfer such properties to the judgment creditors within five working days as from they date the agreement is reached.
2. In cases where there are many judgment creditors while there is only one asset for the judgment execution, the person who receives that asset shall have to repay other persons money amounts proportional to the value ratios they are entitled to enjoy respectively.
Article 45. Preservation of distrained properties
1. The executors shall select one of the following forms of preserving the distrained properties:
a) Handing them to the judgment debtors, their relatives or the current users for preservation;
b) Handing them to individuals or organizations that have conditions to preserve them;
c) Handing them to judgment-executing bodies.
2. For properties being gold, silver, precious metal, gems, foreign currencies, the preservation thereof must comply with the Government's regulations.
3. The executors must explain to the persons assigned to preserve the distrained properties about their responsibilities in the preservation thereof.
The persons assigned to preserve properties shall be paid the actual and reasonable expenses for property preservation, excluding the persons defined at Point a, Clause 1 of this Article.
The preservation expenses shall be borne by the judgment debtors.
4. Persons who are assigned to preserve properties but damage, fraudulently exchange, lose or destroy the properties shall have to pay compensations therefor and, depending on the nature and seriousness of their violations, shall be administratively sanctioned or examined for penal liability according to law provisions.
Article 46. Records on distraint, handing for preservation of properties
Upon carrying out the distraint of properties, the executors shall have to make records thereon, inscribing clearly the hours and date of distraint; describing the conditions and prices of the properties (if the properties have been already valued) and the requests of the involved parties or comments of persons who witness the distraint.
Upon effecting the handover of properties for preservation, the executors must make records thereon, inscribing clearly the hours and date of handover for preservation; the full names of the executors, the involved parties, the persons assigned properties for preservation, the witnesses of the handover; the rights and obligations of the persons assigned to preserve the properties.
The executors, the involved parties, the participants in and the witnesses of the distraint and the persons assigned to preserve the properties must sign their names in the records. In cases where any of such persons is absent or refuses to sign the records, such must be inscribed in the records with the reasons therefor clearly stated.
The records shall be handed to the involved parties, the persons assigned to preserve the properties and the executors, each with one copy.
Article 47. Sale of distrained properties
Properties already distrained for judgment execution shall be sold by the following modes:
1. For distrained properties being immoveables, including the land use rights, or moveables valued at VND 10 million or more, within no more than ten working days as from the date of valuation, the judgment-executing bodies must carry out procedures to sign contracts on authorizing auction organizations to sell the properties;
2. For moveables with the total value of between VND 500,000 and under VND 10 million, the judgment-executing bodies shall organize the auction thereof within no more than thirty days as from the date of valuation.
For moveables with the total value of less than VND 500,000 or perishable properties, the executors shall organize the auction thereof within no more than five working days as from the date of distraint;
3. One day before opening the auction, the judgment debtors shall have the right to take back the properties if they fully pay the judgment execution money as well as all expenses having actually arisen from the coercive judgment execution and organization of auctions.
The judgment debtors shall have to compensate the actual and reasonable costs to the property purchase registrants. The cost levels shall be agreed upon by the parties; in case of failing to reach agreement, they may ask courts to settle;
4. The auction procedures shall comply with the Government's regulations.
Article 48. Handling of unsaleable distrained properties
In cases where the distrained properties are unsaleable, within ten working days as from the date of failed auction, the judgment-executing bodies shall organize the re-valuation along the direction of reducing the prices in order to continue the auction thereof. Each time of price reduction shall not exceed 10% of the set prices.
If after two price reductions the properties remain unsaleable, the judgment creditors shall have the right to receive the properties at the reduced prices for judgment execution. If they refuse to take the properties, the executors shall return such properties to the judgment debtors and apply other coercive measures.
Article 49. Transfer of property ownership, transfer of land use rights
1. The purchasers of judgment execution properties, the recipients of properties for judgment execution shall have the ownership over such properties recognized and protected by law.
2. The competent State bodies shall have to carry out procedures for transfer of the property ownership to the purchasers or recipients according to law provisions.
3. The dossiers on ownership transfer shall each include:
a) The copy of the judgment, decision;
b) The decision on judgment execution, decision on property distraining;
c) The documents on successful auctions or records on handover and receipt of properties for judgment execution;
d) Other papers related to the properties (if any).
4. The transfer of land use rights to purchasers or recipients of properties for judgment execution shall also comply with the provisions in this Article.
Article 50. To unbloc the blockade, distraint of properties
1. The executors shall issue decisions to unbloc the blockade or distraint of properties and return them to the judgment debtors within no more than five working days after having one of the following grounds:
a) The judgment debtors have fully paid the judgment execution money;
b) The competent persons issue decisions to cancel the decisions on property distraint;
c) There are decisions to cease the judgment execution under the provisions in Article 28 of this Ordinance;
d) Other cases prescribed by law.
2. For the remaining distrained properties after the judgment execution and payment of judgment execution expenses, the executors shall issue decisions to unbloc the property blockade or distraint and return them to the judgment debtors.
Article 51. Order of payment of judgment execution money
1. The judgment execution money amounts, after subtracting the judgment execution expenses, shall, within ten working days as from the date of collection thereof, be paid in the following order:
a) Alimony;
b) Wages, remuneration, severance allowances, job-loss allowances, social insurance;
c) Compensations for human losses, health damage;
d) Legal costs, court fees;
e) Fines, confiscated money, retrospectively collected tax money, retrospectively collected illicit incomes;
f) Other payable amounts;
g) The remainder shall be returned to the judgment debtors.
2. Order of paying money for execution of bankruptcy declaration decisions shall comply with law provisions on bankruptcy.
3. Order of paying judgment execution money prescribed in this Article shall not apply to cases of payment priority prescribed in Article 52 of this Ordinance.
Article 52. Payment of proceeds from sale of pledged, mortgaged or distrained properties to ensure judgment execution
The proceeds from the sale of pledged or mortgaged properties, the sale of properties distrained under court judgments or decisions to ensure the judgment execution shall be prioritized for the payment to guaranteed obligations after subtracting the judgment execution expenses.
Section 3
COERCIVE PERFORMANCE OF OBLIGATIONS TO HAND OVER OBJECTS OR HOUSES, TO TRANSFER LAND USE RIGHTS
Article 53. Coercive performance of obligations to hand over objects
In cases where the judgment debtors are obliged to hand over objects to the judgment creditors, the executors shall issue decisions to compel such persons to hand over the objects to the judgment creditors.
If the to be- returned objects no longer exist, the executors shall guide the parties to negotiate on payment of value of the objects. In cases where the parties cannot reach mutual agreement, the executors shall compel the judgment debtors to return to the judgment creditors the money amounts corresponding to the value of the objects at the time of judgment execution. If the objects have great values or are difficult to be valued, the valuation councils must be set up.
Article 54. Coercive performance of obligations to hand over houses, transfer the land use rights
1. In cases where the judgment debtors have the obligations to return houses to the judgment creditors, the executors shall issue decisions to compel the former and other persons present in the houses to get out of the houses, and at the same time request them to voluntarily take the properties out of the houses. If they refuse to voluntarily execute such decisions, the executors shall request the coercion force to take them and their properties out of the houses.
In cases where they refuse to receive the properties, the executors shall have to make records, inscribing clearly the quantity, categories, conditions of each type of property and hand the properties to organizations and/or individuals having conditions to preserve them or preserve them in warehouses of the judgment-executing bodies, then notify the venues and time for the property owners to get back their properties.
2. In cases where the judgment debtors are deliberately absent even though they have been informed of the coercion decisions, the executors shall still decide to go ahead with the coercion provided for in Clause 1 of this Article.
3. Past six months as from the date of receiving the notices as provided for in Clause 1 of this Article, if the property owners fail to come and take them, except for plausible reasons, such properties shall be sold according to the provisions in Article 47 of this Ordinance. The proceeds therefrom, after subtracting the expenses for transportation, preservation and handling of the properties, shall be deposited as demand savings at banks and inform the property owners thereof for the receipt of such money amounts.
4. For properties which are damaged and have no more value, the executors shall organize the destruction thereof according to the provisions at Point c, Clause 1, Article 36 of this Ordinance. They must make records thereon, clearly stating the conditions of the properties before they are destroyed.
5. The provisions in this Article shall also apply to cases of coercive hand-over of houses to purchasers of auctioned houses or recipients of houses in order to subtract them from the judgment execution money they are entitled to.
6. The coercive performance of obligations to transfer the land use rights shall be prescribed by the Government.
Section 4
COERCIVE PERFORMANCE OF OBLIGATIONS TO DO OR NOT TO DO
CERTAIN JOBS
Article 55. Coercive performance of obligations to do certain jobs under court judgments or decisions
In cases where the judgment debtors fail to perform the jobs they must do under court judgments or decisions and such jobs can be assigned to other persons for performance, the executors shall assign them to the persons having conditions to perform. The expenses shall be borne by the judgment debtors.
If the jobs to be done under court judgments or decisions must be performed by the very judgment debtors, the executors shall handle them according to the provisions in Article 56 of this Ordinance.
Article 56. Coercive performance of obligations not to do certain jobs under court judgments or decisions
In cases where the judgment debtors fail to voluntarily terminate the jobs they must not do under court judgments or decisions, the executors shall issue decisions on administrative sanctions according to law provisions and fix the time limit of five working days as from the date the involved parties receive the administrative sanction decisions for the judgment debtors for execution. If they still fail to terminate the performance of jobs they must not do, the executors shall propose the examination of their penal liability.
Chapter V
THE STATE MANAGEMENT OVER CIVIL JUDGMENT EXECUTION
Article 57. The State management over civil judgment execution
1. The Government shall perform the uniform State management over civil judgment execution nationwide.
The Justice Ministry shall assist the Government in performing the State management over civil judgment execution. Within the scope of its responsibility, the Justice Ministry shall have the following tasks and powers:
a) To promulgate or submit to the competent agencies for promulgation legal documents on civil judgment execution;
b) To manage civil judgment-executing bodies; to decide on the establishment and dissolution of civil judgment-executing bodies; to appoint, relieve from office and dismiss executors; to implement regimes and policies towards executors, public servants performing the work of civil judgment execution;
c) To provide professional guidance and direction, examine, inspect and handle violations in the work of civil judgment execution; to settle complaints and denunciations about civil judgment execution;
d) To implement the commendation and discipline regime for executors and public servants performing the work of civil judgment execution;
e) To professionally train and foster executors and public servants performing the work of civil judgment execution;
f) To manage material and technical foundations, fundings and means necessary for civil judgment execution work;
g) To enter into international cooperation on civil judgment execution.
2. The Defense Ministry shall coordinate with the Justice Ministry in assisting the Government to perform the State management over civil judgment execution in the army according to the Government's regulations.
Article 58. Responsibility of the People's Committees of the provinces, centrally-run cities, rural districts, urban districts, provincial capitals, provincial towns for management of civil judgment execution in their respective localities
1. The provincial/municipal People's Committees have the following tasks and powers:
a) To direct the civil judgment execution, request the judgment-executing bodies to report on the judgment execution in the localities;
b) To direct the organization of coercive execution of big and complicated cases affecting local security and political situation;
c) To direct the subordinate People's Committees, judgment-executing bodies and professional agencies to coordinate with relevant local mass organizations in the work of civil judgment execution;
d) To request the judgment-executing bodies to organize the examination and inspection; direct the concerned agencies in coordinated examination and inspection of civil judgment execution in the localities;
e) To nominate presidents or vice-presidents of the provincial/municipal People's Committees to act as chairmen of the Councils for Selection of Executors of the local judgment-executing bodies;
f) To give written opinions on appointment, relief from duty, dismissal of heads and deputy-heads of provincial-level judgment-executing bodies;
g) To decide to commend or propose competent bodies to commend collectives and/or individuals that record achievements in the work of civil judgment execution.
2. The People's Committees of rural districts, urban districts, provincial capitals or towns have the following tasks and powers:
a) To perform the tasks and exercise the powers prescribed at Points a, b, c and d, Clause 1, this Article;
b) To give written opinions on the appointment, relief from duty, dismissal of heads and deputy-heads of the district-level judgment-executing bodies;
c) To decide to commend or propose competent bodies to commend collectives and individuals having achievements in the civil judgment execution work;
d) To direct the People's Committees of communes, wards or district townships to render support to judgment-executing bodies in their work.
3. The local justice offices shall assist the People's Committees of the same level and the superior justice agencies in performing the State management over civil judgment execution.
Chapter VI
COMPLAINTS, DENUNCIATIONS AND PROTESTS AGAINST JUDGMENT EXECUTION
Section 1
COMPLAINTS AND DENUNCIATIONS AGAINST JUDGMENT EXECUTION
Article 59. The right to complain about judgment execution
The judgment creditors, the judgment debtors and the persons with rights and obligations related to judgment-executing have to right to complain about decisions and/or acts of heads of judgment-executing bodies or executors if having grounds to believe that such decisions and/or acts are illegal, having infringed upon their legitimate rights and interests.
The time limit for complaints shall be ninety days as from the date of receiving the decisions or knowing about illegal acts of heads of judgment-executing bodies or executors.
In cases where due to objective obstacles or force majeure events the complainants cannot lodge their complaints within the prescribed time limit, the duration when such objective obstacles or force majeure events exist shall not be counted into the complaint time limit.
Article 60. Competence and time limits for settlement of complaints about judgment execution
1. For complaints about illegal decisions or acts of executors of the district-level judgment-executing bodies, the heads of the district-level judgment-executing bodies to which the complaints are lodged shall settle them and give replies to the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the contents of the settlement, the complainants may further complain with the heads of the provincial-level judgment-executing bodies, who must settle the complaints within thirty days as from the date of receiving the complaints. For complicated cases, the time limit for the heads of the provincial-level judgment-executing bodies shall not exceed forty five days as from the date of receiving the complaints. The complaint-settling decisions of the heads of the provincial-level judgment-executing bodies take implementation effect.
2. For complaints about illegal decisions or acts of executors of the provincial-level judgment-executing bodies, the heads of the provincial-level judgment-executing bodies to which the complaints are lodged shall settle them and reply the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the head of the civil judgment-executing agency of the Justice Ministry, who must settle the complaints within thirty days as from the date of receiving the complaints. For complicated cases, the time limit for the head of the civil judgment-executing agency of the Justice Ministry to settle the complaints shall not exceed sixty days as from the date of receiving the complaints. The complaint-settling decisions of the head of the civil judgment-executing agency of the Justice Ministry shall take implementation effect.
3. For complaints about illegal decisions and acts of the heads of district-level judgment-executing bodies, the heads of the provincial-level judgment-executing bodies to which the complaints are lodged shall settle them and reply the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the head of the civil judgment-executing agency of the Justice Ministry, who must settle them within thirty days as from the date of receiving the complaints. For complicated cases, the time limit for the head of the civil judgment-executing agency of the Justice Ministry to settle the complaints shall not exceed forty five days as from the date of receiving the complaints. The complaint-settling decisions of the head of the civil judgment-executing agency of the Justice Ministry shall take implementation effect.
4. For complaints about illegal decisions or acts of the heads of provincial-level judgment-executing bodies, the head of the civil judgment-executing agency of the Justice Ministry shall settle them and reply the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint- settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the Justice Minister who must settle the complaints within thirty days as from the date of receiving them. For complicated cases, the time limit for the Justice Minister to settle the complaints shall not exceed sixty days as from the date of receiving the complaints. The complaint- settling decisions of the Justice Minister are final ones.
5. In case of necessity, the Justice Minister may review the complaint- settling decisions of the heads of the provincial-level judgment-executing bodies or the head of the civil judgment-executing agency of the Justice Ministry prescribed in Clauses 1, 2 and 3 of this Article.
Persons competent to settle complaints have the right to request judgment-executing bodies to temporarily stop the judgment execution during the settlement of complaints, if deeming that the judgment execution affects the legitimate rights and interests of the involved parties or affects the settlement of complaints.
Article 61. Competence and time limits to settle complaints about judgment execution in the army
1. For complaints about illegal decisions or acts of executors of the military zone-level judgment-executing bodies, the heads of the military zone-level judgment execution bodies to which the complaints are lodged shall settle them and reply the complainants within thirty days as from the date or receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the head of the judgment-executing agency of the Defense Ministry, who must settle the complaints within thirty days as from the date of receiving them. For complicated cases, the time limit for the head of the judgment execution agency of the Defense Ministry to settle the complaints shall not exceed sixty days as from the date of receiving the complaints. The complaint-settling decisions of the head of the judgment-executing agency of the Defense Ministry shall take implementation effect.
2. For complaints about illegal decisions or acts of the heads of military zone-level judgment-executing bodies, the head of the judgment-executing agency of the Defense Ministry shall settle them and reply the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the Defense Minister who must settle the complaints within thirty days as from the date of receiving them. For complicated cases, the time limit for the Defense Minister to settle the complaints shall not exceed sixty days as from the date of receiving the complaints. The Defense Minister's decisions on complaint settlement shall be the final ones.
3. In case of necessity, the Defense Minister may review the complaint-settling decisions of the head of the judgment-executing agency of the Defense Ministry defined in Clause 1 of this Article.
Persons competent to settle complaints may request judgment-executing bodies to temporarily stop the judgment execution during the complaint settlement if deeming that the judgment execution will affect the legitimate rights and interests of the involved parties or affect the complaint settlement.
Article 62. Complaint-settling decisions
1. The persons competent to settle complaints must issue complaint-settling decisions in writing and send them to the complainants, the complained persons and the persons with relevant rights and obligations within the time limits prescribed in Articles 60 and 61 of this Ordinance.
2. The complaint-settling decisions must contain the following principal details:
a) The dates of issuance of decisions;
b) The full names and addresses of the complainants and the complained persons;
c) The complaining contents are correct, partially or totally wrong;
d) The affirmation, partial amendment or full cancellation of the judgment execution decisions of heads of judgment-executing bodies or executors.
Article 63. Denunciations and settlement of denunciations about judgment execution
The denunciation and settlement of denunciations about illegal acts of heads of judgment-executing bodies, executors shall comply with the law provisions on complaints and denunciations.
Section 2
PROTESTS AGAINST JUDGMENT EXECUTION DECISIONS
Article 64. Competence to protest against judgment execution decisions
The people's procuracies shall exercise the right to protest against decisions of heads or executors of the judgment-executing bodies of the same or subordinate level under the provisions of the Law on Organization of the People's Procuracies.
The time limits for protest shall be fifteen days for the people's procuracies of the same level and thirty days for the immediate superior people's procuracies, as from the date of receiving the judgment execution decisions.
Article 65. Response to protests of people's procuracies
1. The heads of the judgment execution bodies shall have to respond to protests of the people's procuracies against the judgment-executing decisions of their own or of their executors within fifteen days as from the date of receiving the protests.
2. Where the heads of the district-level judgment-executing bodies disagree with the protests of the people's procuracies, they must report thereon to the heads of the provincial-level judgment-executing bodies and the chairmen of the immediate superior people's procuracies. The heads of the provincial-level judgment-executing bodies must consider and reply within fifteen days as from the date of receiving the reports. The written replies of the heads of the provincial-level judgment-executing bodies shall take implementation effect.
3. Where the heads of the provincial-level judgment-executing bodies disagree with the protests of the procuracies, they must report thereon to the head of the judgment-executing agency of the Justice Ministry and the Supreme People's Procuracy. The head of the judgment-executing agency of the Justice Ministry shall consider and reply within thirty days as from the date of receiving the report. The written replies of the head of the judgment-executing agency of the Justice Ministry shall take implementation effect.
4. Where the heads of the military zone-level judgment-executing bodies disagree with the protests of the procuracies, they must report thereon to the head of the judgment-executing agency of the Defense Ministry and the Central Military Procuracy. The head of the judgment-executing agency of the Defense Ministry must consider and reply within thirty days as from the date of receiving the reports. The written replies of the head of the judgment-executing agency of the Defense Ministry shall take implementation effect.
Chapter VII
COMMENDATION AND HANDLING OF VIOLATIONS
Article 66. Commendation
Organizations and individuals having achievements in civil judgment execution shall be commended/rewarded according to law provisions.
Article 67. Handling of violations
1. The judgment debtors, if deliberately refusing to abide by the judgments or decisions, failing to voluntarily execute judgment execution decisions, shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability according to law provisions.
2. The agencies and organizations defined in Articles 39 and 40 of this Ordinance, which refuse to satisfy the requirements of executors, shall, depending on the nature and seriousness of their violations, be administratively sanctioned, if causing damage, they must make compensations therefor; in case of individuals, they may be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations therefor.
3. Those who abuse their positions and powers, deliberately obstructing the judgment execution or compelling executors to execute judgments in contravention of law, breaking seals, consuming, transferring, fraudulently exchanging, concealing or destroying distrained properties shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefor.
4. Those heads of the judgment-executing bodies who deliberately decline to issue judgment execution decisions or issue illegal judgment execution decisions; those executors who fail to properly execute court judgments and/or decisions, who delay the judgment execution, apply coercive measures for judgment execution in contravention of law and/or violate the regulation on executors, shall be disciplined or examined for penal liability; if causing damage, they must pay compensations therefor.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 68. Implementation effect
This Ordinance takes effect as from July 1, 2004.
This Ordinance replaces the April 21, 1993 Ordinance on Civil Judgment Execution.
Article 69. The execution of judgments involving foreign elements
The provisions of this Ordinance shall also apply to the execution of judgments involving foreign organizations and/or individuals in Vietnam, except where otherwise provided for by international treaties which the Socialist Republic of Vietnam has signed or acceded to.
Article 70. Implementation guidance
The Government, the Supreme People's Court and the Supreme People's Procuracy shall, within the scope of their tasks and powers, guide the implementation of this Ordinance.
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Chairman |
(Signed) |
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Nguyen Van An |