Joint Circular No. 07/2010/TTLT-BTP-TANDTC-VKSNDTC guiding the procedures for waiving enforcement against state budget revenues not exceeding VND 500,000

Chapter 1

GENERAL PROVISIONS

Article 1. Principles of Exemption from Enforcement

1. The examination of exemption from enforcement against state budget revenues not exceeding VND 500,000 pursuant to Resolution No. 24/2008/QH12 of the National Assembly on the implementation of the Civil Enforcement Law is a special case of exemption from enforcement; therefore, it shall not be applied according to the general provisions on exemption from enforcement stipulated in Articles 61, 62, 63, and 64 of the Civil Enforcement Law.

2. The examination of exemption from enforcement against state budget revenues not exceeding VND 500,000 shall only be conducted once after the Civil Enforcement Law comes into effect. Revenues arising after the effective date of the Civil Enforcement Law shall be subject to the general provisions on exemption and reduction of enforcement as provided in the Law.

3. Persons examined for exemption from enforcement under this Joint Circular shall not be required to pay registration fees or other related costs for the examination of exemption from enforcement. Costs for verification, preparation of files, and organization of the examination of exemption from enforcement shall be covered from the regular operating funds allocated by the state budget to civil enforcement agencies, people's procuracies, and people's courts.

Article 2. Scope of Examination for Exemption from Enforcement

1. The amounts eligible for examination for exemption from enforcement include monetary and property payments to the state budget pursuant to enforcement decisions, including:

a) Fines and court fees;

b) Recovery of money and assets derived from unlawful gains;

c) Other amounts confiscated for public funds.

Amounts collected for state agencies, organizations operating with state budget funding, or state-owned enterprises do not fall within the scope of examination for exemption from enforcement under this Joint Circular.

2. The enforcement amount does not exceed VND 500,000, calculated based on one enforcement object in one enforcement decision.

In cases where multiple persons are subject to enforcement in one enforcement decision and each person's portion does not exceed VND 500,000, the examination for exemption from enforcement shall be conducted separately for each person.

In cases where a person is subject to multiple state budget revenue collections under different enforcement decisions and each collection amount does not exceed VND 500,000, the examination for exemption from enforcement shall be conducted separately for each collection.

In cases where a person subject to enforcement must enforce a state budget revenue collection exceeding VND 500,000 but has already enforced part of it, and the remaining amount to be enforced at the time the Civil Enforcement Law came into effect does not exceed VND 500,000, the remaining unenforced amount shall also be eligible for examination for exemption from enforcement under this Joint Circular.

3. The examination for exemption from enforcement under this Joint Circular applies to state budget revenues where the organization of enforcement has exceeded five (05) years, calculated from the date the enforcement agency issued the enforcement decision to the effective date of the Civil Enforcement Law (July 1, 2009).

4. For enforcement cases that are being organized but subsequently the legally binding judgment is annulled by the court for retrial and the enforcement agency must issue a new enforcement decision according to the enforcement procedure, the period for examination for exemption from enforcement shall be counted from the date of issuance of the new enforcement decision.

Article 3. Conditions for Considering Waiver of Enforcement

The consideration of waiver shall be applied when any of the following conditions exist:

1. The person subject to enforcement has no assets, or has assets but their value is insufficient for enforcement, or the assets are not subject to seizure as provided for in Article 87 of the Civil Enforcement Law.

2. The person subject to enforcement has no assets, no income, or a low level of income that only ensures their minimum living standard and that of their family.

3. The person subject to enforcement is in a particularly difficult economic situation due to natural disasters, fire, accidents, or illness, making it impossible for them to fulfill their enforcement obligations;

4. The address of the person subject to enforcement cannot be determined to verify their enforcement conditions;

5. The person subject to enforcement is a foreign national who does not reside in Vietnam, and the enforcement agency cannot verify or process their assets for enforcement;

The basis for determining that the person subject to enforcement lacks the conditions for enforcement is the verification record of their enforcement conditions prepared by the Enforcement Officer within a period not exceeding six (06) months from the date the enforcement agency prepares the list for considering waiver of enforcement, accompanied by documents provided by the parties and accepted by the enforcement agency.

Chapter 2

PROCEDURES FOR CONSIDERING WAIVER OF ENFORCEMENT

PART 1

PROCEDURES FOR CONSIDERING WAIVER OF ENFORCEMENT FOR CASES ENFORCED BY THE CIVIL ENFORCEMENT AGENCY

Article 4. Preparation of List and File for Waiver of Enforcement

1. The civil enforcement agency conducts a review and classification of cases currently being enforced to identify those eligible for waiver of enforcement according to Resolution No. 24/2008/QH12 of the National Assembly and this Circular, and simultaneously prepares a list of cases for waiver of enforcement.

The consideration of waiver of enforcement as stipulated in this Circular does not require a request from the person subject to enforcement.

2. The file for requesting waiver of enforcement includes:

a) A copy of the Enforcement Decision;

b) The verification record of the enforcement conditions of the person subject to enforcement;

c) Copies of other related documents (if any).

3. The civil enforcement agency sends the list along with the file of each case requesting waiver of enforcement to the People's Procuracy at the same level for comments.

For cases currently being enforced by the Civil Enforcement Department, the Civil Enforcement Department directly prepares the file and sends it to the People's Procuracy at the same level for comments.

Article 5. Soliciting Comments from the People's Procuracy on the List for Waiver of Enforcement

1. Within thirty (30) days from the date of receipt of the list for considering waiver of enforcement and related documents sent by the civil enforcement agency, the People's Procuracy must respond in writing to the civil enforcement agency regarding agreement or disagreement with each proposed case for waiver of enforcement, specifying reasons if they disagree.

2. If the civil enforcement agency disagrees with the reasons given by the People's Procuracy, the agency may send the list for considering waiver of enforcement and related documents to the Director of the Civil Enforcement Department and the Provincial People's Procuracy within fifteen (15) days. The Director of the Civil Enforcement Department must examine and respond. The opinion of the Director of the Civil Enforcement Department is binding.

3. During the examination process, the People's Procuracy may request the civil enforcement agency to provide additional necessary documents or conduct direct verification to clarify the grounds for considering waiver of enforcement. During the supervision of compliance with laws in the field of civil enforcement, if the People's Procuracy discovers cases meeting the conditions for waiver of enforcement but not included in the list for consideration, the People's Procuracy may request the civil enforcement agency to include them in the list.

Article 6. Acceptance, Examination of the File for Requesting Waiver of Enforcement, Issuance of Decision on Waiver of Enforcement

1. Within ten (10) days from the date of receipt of the People's Procuracy's response, the civil enforcement agency must submit a request along with the People's Procuracy's comments and the file for requesting waiver of enforcement to the People's Court of the district where the civil enforcement agency is located for decision on waiver of enforcement.

2. The People's Court of the district accepts the file for considering waiver of enforcement. The President of the People's Court of the district assigns a Judge to examine and issue a decision on waiver of enforcement. While examining the file, the Judge may request the civil enforcement agency to explain unclear points or provide necessary documents as a basis for considering waiver of enforcement.

3. Within thirty (30) days from the date of receipt of the file and related documents sent by the civil enforcement agency, the Judge must issue a decision on waiver of enforcement. The decision must include a list of persons exempted from enforcement and the amount of enforcement waived.

4. In cases where the request for waiver of enforcement is not accepted, the Judge must issue a Decision Not to Accept Waiver of Enforcement. The decision must include a list of persons not exempted from enforcement. The court must send the decision on waiver of enforcement and the Decision Not to Accept Waiver of Enforcement to the civil enforcement agency, the People's Procuracy, and the person exempted from enforcement, and the person not exempted from enforcement within five (05) working days from the date of issuance of the decision.

Article 7. Implementation of the Decision on Waiver of Enforcement

After receiving the decision on waiver of enforcement from the court, the civil enforcement agency issues a decision to suspend enforcement proceedings for cases decided by the court to waive enforcement.

PART 2

PROCEDURES FOR CONSIDERING WAIVER OF ENFORCEMENT FOR CASES ENFORCED BY THE MILITARY ENFORCEMENT AGENCY

Article 8. Preparation of List and Solicitation of Comments from the People's Procuracy on Waiver of Enforcement

The Military Enforcement Office of the Military Region, the Military Enforcement Office of the Capital Command, and the Military Enforcement Office of the Navy General Staff (collectively referred to as the Military Enforcement Office of the Military Region) review and prepare a list of cases meeting the conditions for waiver of enforcement, and exchange and unify opinions with the Military Procuracy at the same level.

The procedures for establishing the list, making recommendations, and soliciting opinions from the Military Procuracy shall be applied in accordance with the guidelines set forth in Article 4; Article 5; Section 1 Chapter II of this Joint Circular.

After reaching a consensus on opinions with the same-level Military Procuracy, the Military Enforcement Office at the Military Region shall submit a written request to the Military Court of the region where the Military Enforcement Office is located to consider waiving enforcement.

Article 9. Authority and procedures for considering and deciding on waiving enforcement

For cases listed for consideration of waiver by the Military Enforcement Office of the Vietnam Navy Command, after exchanging opinions with the Military Procuracy of the Vietnam Navy Command, if the cases under consideration are in the Northern region, a written request shall be submitted to the Military Court of the First Vietnam Navy Command Region to issue a decision to waive enforcement; for cases in the Central and Southern regions, a written request shall be submitted to the Military Court of the Second Vietnam Navy Command Region to issue a decision to waive enforcement.

The procedures for considering waiver of enforcement shall be applied in accordance with the provisions of Article 6, Section 1 Chapter II of this Joint Circular.

Chapter 3

IMPLEMENTATION

Article 10. Handling cases not eligible for waiver of enforcement

In cases where civil enforcement agencies have made requests but have not been accepted by the courts, such agencies shall organize enforcement in accordance with the provisions of the Civil Enforcement Law.

Article 11. Effectiveness

This Joint Circular shall take effect 45 days from the date of issuance.

Article 12. Implementation guidance

During the process of implementing the waiver of enforcement according to this Joint Circular, if there are any difficulties, the Civil Enforcement Agency, People's Procuracy, and People's Court at the district level, the Military Enforcement Office at the Military Region, the Military Procuracy at the Military Region, and the Military Court of the region, and the Military Court of the Vietnam Navy Command shall promptly report to their immediate superior authorities to compile and report to the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court for examination and resolution within their respective jurisdictions./.