JOINT CIRCULAR No. 11/2016/TTLT-BTP-TANDTC-VKSNDTC ON CERTAIN ISSUES REGARDING THE PROCEDURE FOR ENFORCING CIVIL EXECUTIONS AND INTER-DEPARTMENTAL COOPERATION IN CIVIL EXECUTIONS

JOINT CIRCULAR

Regulations on certain issues regarding civil enforcement procedures

and inter-agency coordination in civil enforcement

                    ____________________                       

Pursuant to the Civil Procedure Code dated November 25, 2015;

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

Based on the Law Amending and Supplementing Certain Provisions of the Civil Enforcement Law dated November 25, 2014;

BASED ON THE LAW ON THE ORGANIZATION OF THE PEOPLE'S PROSECUTORATES dated November 24, 2014;

The Minister of Public Security, the Minister of National Defense, the Minister of Justice, the Procurator General of the Supreme People's Procuracy, and the President of the Supreme People's Court issue this JOINT CIRCULAR to abolish

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

Pursuant to Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Civil EnforcementThe Minister of Justice, the Chief Justice of the Supreme People's Court, and the Prosecutor General of the Supreme People's Procuracy issue this Joint Circular regulating certain issues regarding civil enforcement procedures and inter-agency coordination in civil enforcement.;

CIVIL ENFORCEMENT PROCEDURES Article 1. Issuing an enforcement decision

PART I

1. In cases where the civil enforcement agency receives multiple requests for enforcement related to one judgment or decision at the same time, depending on the content of the judgment or decision of the court; the content of the request for enforcement; the deadline for issuing an enforcement decision, the head of the civil enforcement agency shall issue one or more enforcement decisions in accordance with Article 7 of Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Civil Enforcement.

2. In cases where the person entitled to enforcement only requests one or some individuals among those obligated to enforce to fulfill the entire joint obligation, the head of the civil enforcement agency shall issue an enforcement decision against that individual.

3. In cases where the party is a legal entity or a minor, or has limited capacity for civil conduct, the head of the civil enforcement agency shall issue an enforcement decision based on the request of the legal representative of the party.

In cases where the party has lost capacity for civil conduct, or is a minor without parents, or whose parents cannot be identified, or both parents have lost capacity for civil conduct, or have limited capacity for civil conduct, or have difficulty in recognizing and controlling their actions, or whose parents' rights have been restricted by the court, or whose parents are unable to care for and educate the minor, the head of the civil enforcement agency shall issue an enforcement decision based on the request of the guardian. In cases where the party has authorized another person to request enforcement, the head of the civil enforcement agency shall issue an enforcement decision based on the request of the authorized person.

4. For judgments or decisions of the court in administrative cases, the head of the civil enforcement agency shall only accept and issue an enforcement decision for the part of the obligation concerning property such as court fees, compensation for damages, return of property, and transfer of land as specifically stated in the judgment or decision of the court. Other contents of the judgment or decision shall be implemented in accordance with the provisions of administrative procedural law.

5. For judgments or decisions of the court that declare a total fine from multiple judgments but the total fine does not comply with the provisions of the Criminal Code, the head of the civil enforcement agency shall not issue an enforcement decision but shall issue a document requesting the competent authority to review the judgment or decision according to the cassation procedure.

6. For judgments or decisions that set a specific time limit for fulfilling the entire obligation, the head of the civil enforcement agency shall only issue an enforcement decision when the obligation is due, except in cases where the parties have agreed otherwise. For judgments or decisions that set obligations to be fulfilled in different time periods, the head of the civil enforcement agency shall issue an enforcement decision for the obligations that are due.

For judgments or decisions on periodic alimony payments monthly, the head of the civil enforcement agency shall issue an enforcement decision for the obligations that are due or will be due within the year of enforcement. During the enforcement process, the obligor must only perform the obligations that are due, except in cases where the obligor voluntarily fulfills the obligations that are not yet due. When there is a judgment or decision of the court accepting the request of the party to change the amount of alimony, if the case is being organized for enforcement by the civil enforcement agency, the head of the civil enforcement agency shall issue a decision to revoke the previously issued enforcement decision and issue a new enforcement decision in accordance with the new judgment or decision. The change in the amount of alimony shall take effect from the date specified in the new judgment or decision of the court, unless the parties have agreed otherwise.

In cases where the parties agree to enforce the entire periodic obligation or obligations in different time periods in one enforcement action, the head of the civil enforcement agency shall issue an enforcement decision for the entire obligation.

7. In cases where it is necessary to withdraw the enforcement file from the district-level civil enforcement agency to organize enforcement in accordance with point h, Clause 2, Article 35 of the Law on Civil Enforcement, the head of the provincial-level civil enforcement agency shall issue a decision to withdraw the enforcement file. During the subsequent enforcement organization process, based on the enforcement decision of the district-level civil enforcement agency and the decision to withdraw the enforcement file, the head of the provincial-level civil enforcement agency and the Enforcement Officer shall issue enforcement decisions in accordance with the law without having to issue a new enforcement decision. Any enforcement decisions and the results of the previous enforcement process carried out by the district-level civil enforcement agency that do not violate the law shall retain their legal validity, be recognized, and be used as a basis to continue organizing the enforcement of the case.

In the case where the parties agree to execute once for the entire obligation periodically or at different times, the Head of the Civil Enforcement Agency shall issue one enforcement decision for the entire obligation.

7. Where it is necessary to withdraw the enforcement file from the district-level civil enforcement agency to organize enforcement as provided for in point h, Clause 2, Article 35 of the Civil Enforcement Law, the Head of the provincial-level civil enforcement agency shall issue a decision to withdraw the enforcement file. During the subsequent enforcement process, based on the enforcement decision of the district-level civil enforcement agency and the decision to withdraw the enforcement file, the Head of the provincial-level civil enforcement agency and the Enforcement Officer shall be responsible for issuing enforcement decisions in accordance with the law without having to issue a new enforcement decision. The enforcement decisions and the results of the previous enforcement process carried out by the district-level civil enforcement agency, if not in violation of the law, retain their legal validity, are recognized, and can be used as grounds to continue organizing the enforcement proceedings.

Article 2. Notification of Enforcement

1. In cases where the distance is far, transportation is inconvenient; the person to be notified has multiple contact addresses, a non-fixed residence, and is often absent from home during working hours; the party is currently detained or under arrest; the person subject to enforcement has not requested enforcement as stipulated in Clause 1, Article 49 of Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law; other cases where direct notification is difficult, the notification shall be made through postal services using registered mail. The date of sending the registered mail is considered the valid date of notification.

2. In cases where notification is made by telegram, fax, email, or other forms at the request of the recipient, the Enforcement Officer must keep in the enforcement file the document expressing the request, the document to be notified, and the document reflecting the result of the notification such as the telegram, electronic mail, or report of the sent fax.

3. Notification to a person who is currently detained or under arrest shall be made at the address where they are being detained or arrested. The warden of the detention center or temporary detention facility is responsible for delivering the notification document to the person to be notified.

4. In cases of authorization, the notification of enforcement-related documents shall be made to the authorized person.

5. In cases where notification is handed over to another person to receive on behalf of the recipient, the notifier must prepare a record specifying the full name, position, address of the proxy; the date and time of receipt; the relationship between them and the person to be notified; and the commitment to hand it directly to the person to be notified or notify them immediately. The record must be signed by both the proxy and the notifier.

6. Public posting shall be carried out at the office of the civil enforcement agency, the office of the People's Committee of the commune where the person to be notified resides or last resided, and at their place of residence or last known place of residence. Determination of the place of residence shall be conducted according to the law on residence. In cases of public posting for auctioning assets, the location of the posting shall be carried out in accordance with the law on auctions.

7. Within five working days from the date of receiving the valuation results, the Enforcement Officer shall notify the owner with the right of first refusal of the right to purchase the part of the asset of the person subject to enforcement as stipulated in Clause 3, Article 74 of the Civil Enforcement Law.

8. Within three working days from the date of receiving the valuation results, the Enforcement Officer shall notify the parties of their right to request a revaluation as stipulated in Point b, Clause 1, Article 99 of the Civil Enforcement Law.

Article 3. Verification of Conditions for Enforcement

1. For property that requires registration, transfer of ownership, or use rights, the Enforcement Officer shall base the verification on one of the following documents depending on the specific case: sales contract, exchange, transfer, or gift contract, certificate of ownership or use rights, or through the owner, local authority, registration agency, competent authority, or witness such as confirmation by the seller, local authority, or competent authority regarding the sale of the property.

2. In cases where enforcement is suspended due to the death of the person subject to enforcement without an heir, verification must be conducted through the local authority, household registration management agency, or the place of residence or last known place of residence of the person subject to enforcement. The results of the verification shall be publicly announced through mass media at the central level so that those with related rights and obligations can know and protect their legitimate rights and interests. If there is no objection within thirty days from the date of the valid public announcement, it shall be deemed to have grounds for suspending enforcement.

Article 4. Seizure and Disposal of Assets to Ensure Enforcement

1. In cases where the person entitled to enforcement requests the application of one of the compulsory measures provided for in Chapter IV of the Civil Execution Law, within ten days from the date of receipt of the request, the Enforcement Officer must conduct verification.

2. In cases where the pledged or mortgaged property meets the conditions for seizure and disposal as stipulated in Article 90 of the Civil Execution Law, but the pledgee or mortgagee is currently processing the sale of the property to recover the loan according to the laws on the disposal of collateral assets, the Enforcement Officer shall not carry out the seizure and disposal of that property but must issue a written request for the person disposing of the pledged or mortgaged property to immediately notify the civil execution agency of the results of the asset disposal, retain any remaining amount (if any) for the civil execution agency to resolve according to the law.

3. In cases where the seizure and disposal of assets to ensure enforcement are carried out according to Article 90 of the Civil Execution Law, and the price of the asset after reduction does not exceed the guaranteed obligation and the costs of compulsory enforcement, the authority issuing the enforcement decision shall be responsible for immediately issuing a decision to revoke the compulsory enforcement, seizure, and disposal of the asset according to point c, Clause 1, Article 37 of the Civil Execution Law. At the same time, issue a written request for the pledgee or mortgagee to comply with the provisions of Clause 2 of this Article.

4. For money and assets that the court's judgment or decision declared temporarily held to ensure enforcement but have exceeded the statute of limitations for enforcement claims, and the person entitled to enforcement has not requested enforcement while the person subject to enforcement has fully settled the revenue for the state budget, such money and assets shall be returned to the person subject to enforcement. The procedures for returning money and assets in this case shall be implemented according to Article 126, Article 129 of the Civil Execution Law and other relevant laws.

5. In cases where the Enforcement Officer has issued a decision to return assets or documents to the owner or user with the right to possess or the person temporarily holding the assets or documents according to Clause 5, Article 68 of the Civil Execution Law, but that person does not accept them, the Enforcement Officer shall implement the disposal of such assets according to Clause 4, Article 18 of Decree No. 62/2015/ND-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Civil Execution Law.

Article 5. Sale of Assets by Auction to Ensure Enforcement

1. The buyer of the auctioned asset shall deposit the purchase price into the temporary account of the civil execution agency opened at the State Treasury. Within ten days from the date the buyer of the auctioned asset pays the full purchase price and the civil execution agency has not yet delivered the asset to the buyer, the civil execution agency shall be responsible for transferring the funds to the bank according to Clause 4, Article 27 of Decree No. 62/2015/ND-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Civil Execution Law.

2. When signing a contract with the organization conducting the auction, the civil execution agency must include in the power of attorney for the sale by auction information that the buyer of the auctioned asset is responsible for paying value-added tax if the starting price does not include value-added tax and the auctioned asset falls under the category of assets subject to value-added tax according to the law. This information must be included in the public announcement regarding the auction of the asset.

3. The Enforcement Officer shall organize negotiations to cancel the auction result within ten days from the date of receiving the request from the buyer of the auctioned asset or the person subject to enforcement. The participants in the negotiation shall be conducted according to the law on the sale by auction, except where the law provides otherwise.

4. During the process of handling assets for enforcement, if the person entitled to enforcement dies without leaving an heir, it shall be handled as follows:

a) In cases where the asset has not been organized for sale by auction or has been put up for auction but there is no participant in the bidding or the auction fails, the Enforcement Officer shall base on the decision to suspend enforcement to lift the seizure and return the asset to the person subject to enforcement.

b) In cases where the asset has been successfully sold by auction, the proceeds from the sale shall be deducted by the costs of compulsory enforcement, valuation, and auction of the asset. The amount due to the deceased person entitled to enforcement shall belong to the state budget. Any remaining amount (if any) shall be resolved according to the law.

Article 6. Payment for Enforcement

1. In cases where the judgment or decision imposes interest on late enforcement, when the money is collected, the civil enforcement agency shall first settle the amount declared in the judgment or decision, then pay the interest corresponding to the period during which the judgment or decision has not been enforced, except in cases where the parties have agreed otherwise.

2. In cases implemented according to the provisions of point b, Clause 2, Article 47 of the Civil Enforcement Law and Clause 1, Article 49 of Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain articles of the Civil Enforcement Law, the civil enforcement agency shall clearly identify judgments and decisions that were directly being enforced before the date of the enforcement decision and involve multiple beneficiaries to determine those who have requested enforcement and those who have not; the amount to be paid to those who have requested enforcement and those who have not requested enforcement according to these judgments and decisions.

Within ten days from the date of receipt of the money, the civil enforcement agency shall pay to those who have requested enforcement the amount according to the ratio they are entitled to, while notifying other beneficiaries who have not yet requested enforcement about their right to request enforcement. The notification shall be made through postal service with registered mail at the address provided in the judgment or decision.

If further requests for enforcement are received within the specified time limit, the civil enforcement agency shall issue an enforcement decision as prescribed and pay them the deposited amount and interest according to the determined ratio. The remaining amount of those who did not request enforcement shall be paid to those who have requested enforcement up to the deadline for notification. The remaining amount shall be paid to beneficiaries according to other enforcement decisions up to the payment date.

Article 7. Purchase of jointly owned property; transfer and acceptance of property to offset the amount to be enforced

1. In cases where a co-owner purchases seized property; the beneficiary agrees to accept the property to offset the amount to be enforced, the following procedures shall be carried out:

a) For immovable and movable property that must be registered for ownership or use rights, the Enforcement Officer shall issue a decision to sell the property to the co-owner or issue a decision to transfer the property to the beneficiary.

b) For movable property that does not require registration for ownership or use rights, the Enforcement Officer shall prepare a record to transfer the property to the co-owner or the beneficiary.

2. In cases where the beneficiary accepts property from the obligor whose value at the time of acceptance exceeds the total amount to be enforced, enforcement costs, the amount to be retained according to Clause 5, Article 115, and the amount to be enforced according to point a, b, Clause 1, Article 47 of the Civil Enforcement Law (if applicable), the beneficiary must pay the above amount and the difference between the value of the property and the amount to be enforced.

3. In cases where the beneficiary accepts the only property of the obligor whose value at the time of acceptance equals or is less than the total amount to be enforced, enforcement costs, the amount to be retained according to Clause 5, Article 115, and the amount to be enforced according to point a, b, Clause 1, Article 47 of the Civil Enforcement Law (if applicable), the beneficiary must pay the above amount, except in cases where the value of the property has decreased to equal or below the enforcement costs.

Within five working days from the date of transferring the property to the co-owner or the beneficiary, the civil enforcement agency shall be responsible for providing all documents and papers as stipulated in Clause 3, Article 106 of the Civil Enforcement Law to the purchaser of the enforcement property or the person accepting the property to offset the amount to be enforced.

Article 8. Delegation and Transfer of Rights and Obligations of the Person Subject to Enforcement

1. In cases where the person subject to enforcement has transferred all rights and obligations to another person in accordance with Clause 4, Article 54 of the Civil Enforcement Law and Clause 2, Article 15 of Decree No. 62/2015/NĐ-CP dated July 18, 2015 detailing and guiding the implementation of certain provisions of the Civil Enforcement Law, they shall not be considered for temporary suspension of departure from the country.

2. In cases where the person subject to enforcement delegates another person to perform their enforcement obligations in accordance with Point b, Clause 2, Article 51 of Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law, and if the delegated person does not fulfill the enforcement obligations as agreed, measures to ensure compliance and compulsory enforcement measures shall be applied in accordance with the Civil Enforcement Law.

Article 9. Requesting the Court to Explain the Judgment or Decision

1. In cases where it is discovered that the judgment or decision of the court contains unclear points causing difficulties in enforcement or errors in spelling, numerical data, or miscalculations, the head of the civil enforcement agency shall issue a document requesting the court that issued the judgment or decision to explain the unclear points, correct spelling errors, or numerical data mistakes. The court is responsible for responding to the issues raised in the request document of the enforcement agency. The explanation of unclear points, correction of spelling errors, or numerical data mistakes shall be carried out in accordance with the law on procedure and Article 179 of the Civil Enforcement Law.

2. The court's response document serves as the basis for the enforcement agency to issue an enforcement decision, a decision to revoke or amend an enforcement decision already issued, or to continue organizing the enforcement process. Within five working days from the date of receipt of the court's response document, the enforcement agency continues to organize the enforcement process or issues a decision to revoke, amend, or supplement the previously issued enforcement decision, or issues a new enforcement decision, including the content of continuing to maintain the results of enforcement if there were no procedural or formal errors in the previous enforcement process.

Article 10. Petitioning for Reconsideration of the Judgment or Decision of the Court through Supervisory Review or Rehearing Procedures

1. In cases where grounds are found to reconsider the judgment or decision of the court through supervisory review or rehearing procedures, the head of the enforcement agency currently organizing the enforcement case shall have the responsibility to petition the competent authority to reconsider such judgment or decision. The competent authority must respond to the petition within three months, and in complex cases, not exceeding four months from the date of receipt of the petition.

2. If the prescribed time limit has not yet expired and a document is received from the competent authority stating that there is no basis to accept the petition or to file a supervisory review or rehearing petition, the enforcement agency shall enforce the judgment or decision that has become legally binding.

If the prescribed time limit has expired and no response document from the competent authority has been received, the enforcement agency shall continue to enforce the judgment or decision that has become legally binding. At the same time, the head of the enforcement agency shall issue a notification to the President of the People's Court and the Procurator General of the People's Procuracy with jurisdiction regarding the failure to receive a response document from the competent authority.

3. In cases where damage is caused by the enforcement of the judgment or decision of the court, the resolution of compensation claims shall be carried out in accordance with the law on state liability for compensation.

Article 11. Enforcement of joint liability obligations

1. In cases where the judgment or decision of the court declares joint liability but does not specify or clearly specify the portion of obligation of each individual, during the enforcement process, the civil enforcement agency has the right to request one or several individuals with the ability to enforce among those who must fulfill the joint liability to perform the entire joint obligation.

2. A person who has fulfilled another's portion of the enforcement obligation has the right to demand that other jointly liable persons repay the portion of the obligation they have fulfilled on their behalf according to civil law regulations.

3. In cases where the person entitled to enforcement provides a written agreement allowing one or several individuals among those who must fulfill the joint obligation to not enforce their portion of the obligation, the unenforced portion of the obligation will be suspended according to the provisions.

Article 12. Enforcement of supervisory and retrial decisions

1. In cases where a judgment or decision of the court has been partially enforced or fully enforced and subsequently receives a supervisory or retrial protest, the civil enforcement agency shall immediately inform the authority that lodged the protest about the enforcement results. The protesting authority shall be responsible for sending a notification regarding the enforcement result to the competent court for supervisory or retrial proceedings to handle according to the law. When reviewing the case, the court must clearly rule on the rights and obligations of the parties based on appropriate calculations and offsets in accordance with the enforcement results.

2. In cases where the supervisory or retrial decision declares the annulment of a judgment or decision that has taken legal effect for a new trial or appellate review, and the civil enforcement agency has not yet paid out the enforcement funds collected (including cases where funds were collected through the sale of assets of the person subject to enforcement), the civil enforcement agency shall proceed to deposit the collected enforcement funds into a bank account within a term of one month. The interest earned from the savings deposit will be added to the initial deposit amount to implement the new judgment or decision that has taken legal effect.

Chapter II

COOPERATION RELATIONS IN CIVIL ENFORCEMENT WORK

Article 13. Sending enforcement decisions

Decisions and conclusions on the resolution of complaints and denunciations regarding civil enforcement of the Chief of the Civil Enforcement Agency, the Director of the Civil Enforcement Department, and the General Director of the General Civil Enforcement Department shall be sent to the People's Procuracy at the same level within three working days from the date of issuance to implement supervision over compliance with the law in resolving complaints and denunciations regarding civil enforcement.

Article 14. Cooperation work in enforcement

1. Annually, the leadership of the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy organize inter-sector meetings at the end of September or beginning of October to draw lessons, discuss measures to address shortcomings, and unify guidance on enforcement work.

2. At least once a year, the Civil Enforcement Supervision Division of the Supreme People's Procuracy, the General Civil Enforcement Department under the Ministry of Justice, and the Legal Affairs and Scientific Management Division of the Supreme People's Court shall cooperate to inspect civil enforcement work and inter-sector cooperation in civil enforcement at local levels; promptly inspect and unify measures to resolve enforcement cases with difficulties or differing viewpoints. The time and plan for organization shall be initiated by the General Civil Enforcement Department.

3. The leadership of civil enforcement agencies, People's Courts, and People's Procuracies at local levels must regularly coordinate to effectively carry out enforcement work; coordinate in explaining, amending, and supplementing judgments and decisions; responding to requests; accepting and handling demands of civil enforcement agencies; enforcement compulsion work; resolving enforcement of unclear or difficult-to-enforce judgments and decisions; enforcement of large, complex, and difficult cases, and other difficulties and obstacles in organizing the enforcement of court judgments and decisions.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular takes effect from September 30, 2016, and replaces Circular Jointly Issued No. 14/2010/TTLT-BTP-TANDTC-VKSNDTC dated July 26, 2010, issued by the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy guiding certain issues regarding civil enforcement procedures and inter-sector cooperation in civil enforcement.

Article 16. Implementation organization and transitional provisions

1. For enforcement cases that have been partially executed or not yet completed before this Circular takes effect but have already carried out enforcement procedures in accordance with the Civil Enforcement Law and guiding documents, the enforcement results shall be recognized; subsequent enforcement procedures shall continue to be implemented in accordance with this Circular.

2. During the implementation process, if there are any difficulties or need for supplementation or amendment, civil enforcement agencies, People's Courts, and People's Procuratorates at all levels shall promptly report to the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy for appropriate resolution./.