This circular guides the examination and enforcement of compensation, restitution, property settlement, and maintenance payments in criminal and civil judgments. It specifies how to determine and implement these monetary amounts as required by current laws.
Đối tượng áp dụng
Supreme People's Court, Supreme Procuratorate, Ministry of Justice, Ministry of Finance, and other relevant agencies
Các điểm cốt lõi
- For compensation, property settlements, and maintenance payments from the date this circular takes effect, courts shall only determine the amount in money without converting it into rice or grain (Article 1).
- In cases where a judgment has been rendered according to Directive No. 01/NCPL of 1987 and there is an appeal or counter-claim for retrial, on appellate review, the court shall only declare the amount of money to be compensated or settled (Article 2).
- If payment in kind with similar items is possible, the court decides to pay in kind; if no such item exists for repayment, it shall be paid in money according to its market value at the time of enforcement (Article 3).
- For previous judgments that have decided to repay in kind but there are no items available for repayment, the court allows payment in money according to the market value of those items in the local market at the time of enforcement (Article 4).
- Civil and criminal judgments with legal effect before this circular is issued but not yet enforced or only partially enforced shall continue to convert rice or grain into money for parties to enforce; if the converted amount is lower than the declared amount in the judgment, it shall be enforced according to the declared amount (Article 5).
- The party responsible for enforcement must pay the other party within one month from the date of the decision to enforce the judgment; starting from the second month, an additional monthly interest rate on demand deposits without a fixed term applies to the unpaid amount (Article 6).
🌐 Tác động xã hội từ văn bản này
- Converting compensation and property settlements from rice or grain into money facilitates easier and more convenient enforcement.
- Individuals and businesses may face difficulties in determining the value of items for repayment according to previous regulations.
- Applying interest rates on unpaid amounts will provide additional motivation for the party responsible for enforcement to fulfill their obligations within the deadline.
❓ Câu hỏi thường gặp
Does this circular replace any joint circulars?
This circular replaces Joint Circular No. 01/TTLN dated December 10, 1987.
In cases where a judgment has converted rice or grain into money but not fully enforced, what provisions should be followed?
Continue to convert the remaining rice or grain into money for parties to enforce; if the converted amount is lower than the declared amount in the judgment, it shall be enforced according to the declared amount (Article 5).
If there are no items available for repayment, what will the court allow?
The court allows payment in money according to the market value of those items in the local market at the time of enforcement (Articles 3 and 4).
What is the deadline for the party responsible for enforcement to make payment?
Within one month from the date of the decision to enforce the judgment (Article 6).
If not fulfilled within the deadline, what additional amount must the party responsible for enforcement pay?
An additional monthly interest rate on demand deposits without a fixed term applies to the unpaid amount (Article 6).
Toàn văn
CIRCULAR
OF THE SUPREME PEOPLE'S COURT, MINISTRY OF FINANCE,
SUPREME PROCURATORATE, AND MINISTRY OF JUSTICE NUMBER 09TT/LN
DATE DECEMBER 10, 1989 GUIDING ON THE TRIAL AND ENFORCEMENT OF JUDGMENTS INVOLVING COMPENSATION PAYMENTS,
REIMBURSEMENTS, PROPERTY SETTLEMENTS, AND ALIMONY IN CRIMINAL AND CIVIL CASES UNDER CURRENT CONDITIONS
REIMBURSEMENT, SETTLEMENT OF ASSETS, MAINTENANCE IN
To facilitate the trial and enforcement of judgments involving compensation payments, property settlements, alimony in criminal and civil cases, the Supreme People's Court, Supreme Procuratorate, Ministry of Justice, and Ministry of Finance provide guidance to courts at all levels on handling certain issues related to trials and enforcement as follows:
1. For cases where damages must be compensated or reimbursed in cash, civil transactions that parties must settle with each other in cash, alimony payments in cash, fines and court fees from now onwards, when adjudicating, the Court shall determine only the monetary amounts without converting them into rice or grain.
2. For judgments rendered according to Circular No. 01/NCPL dated January 20, 1987 of the Supreme People's Court that have been appealed or protested for retrial under appellate procedures, when adjudicating on appeal, the Court shall declare only the monetary amount to be compensated or paid without converting it into rice (or grain).
3. For cases where payment can be made in kind with equivalent items (i.e., items of similar form, quality, and value such as gold, bricks, tiles, cement, bicycles of the same type, etc.), when adjudicating, the Court shall decide to pay in kind. When enforcing the judgment, if there are no items available for payment, the Court allows payment in cash according to the market price of those items at the time of enforcement.
4. For judgments previously decided that parties must pay in kind but without such items available for payment, the Court shall allow payment in cash according to the local market price of those items at the time of enforcement.
5. For judgments with legal effect before this inter-ministerial circular took effect and have not yet been enforced or only partially enforced, when enforcing or continuing enforcement on the remaining part, they still follow the conversion of rice (or grain) amounts into cash for parties to enforce. However, if the converted monetary amount from rice (or grain) is lower than the declared monetary amount in the judgment, enforcement shall be carried out according to the declared monetary amount in the judgment.
6. Within one month from the date of the decision to enforce a judgment or order, the party responsible for enforcing the judgment must pay cash to the party entitled to receive it. From the second month onwards, each month the party responsible for enforcement shall bear an additional interest rate on demand deposits without fixed term for the unpaid amount.
This circular takes effect from the date of signature and replaces Inter-ministerial Circular No. 01/TTLN dated December 10, 1987 of the Supreme People's Court, Supreme Procuratorate, Ministry of Justice, and Ministry of Finance.
This Circular takes effect from the date of issuance and replaces Joint Circular No. 01/TTLN dated December 10, 1987 issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, and the Ministry of Finance.
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