Decree No. 125/2013/ND-CP Amending and supplementing some articles of Decree No. 58/2009/ND-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law on civil enforcement procedures.

DECREE

Amending and supplementing some articles of Decree No. 58/2009/NĐ-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law on civil enforcement procedures.

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

At the proposal of the Minister of Justice;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 58/2009/NĐ-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law on civil enforcement procedures.

Article 1. Amending and supplementing some articles of Decree No. 58/2009/NĐ-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law on civil enforcement procedures:

1. Clause 4 shall be amended and supplemented as follows:

"Article 4. Receiving applications for civil enforcement

1. The issuance or sending by post of a receipt to the applicant must be carried out immediately upon receipt of the application.

2. Applications for civil enforcement must contain all contents as prescribed in Article 31 of the Civil Enforcement Law.

In cases where the application for civil enforcement does not contain all the required contents as prescribed or does not clearly state information about the conditions for enforcement against the person subject to enforcement but does not request verification, the civil enforcement agency shall notify the parties to supplement the contents of the application for civil enforcement before issuing a decision on enforcement. Within fifteen days from the date of receiving the notification, if the person entitled to enforcement does not supplement or supplements incorrectly the contents prescribed in Article 31 of the Civil Enforcement Law, the civil enforcement agency will not accept the application for civil enforcement and issue a written response to the parties, except in cases of force majeure or objective obstacles.

3. Within five working days from the date of receiving the application, if there are grounds to refuse to accept the application for civil enforcement, the civil enforcement agency must send a written notice to the parties informing them of the refusal to accept the application and stating the reasons."

a) A customs declaration form for imported goods according to the information criteria specified in Model No. 01 - Declaration Form for Imported Goods attached as Appendix I to Circular No. 39/2018/TT-BTC dated April 20, 2018, issued by the Minister of Finance.

"Article 5. Issuing decisions on civil enforcement

1. The head of the civil enforcement agency issues a single decision on civil enforcement for all items within the scope of proactive enforcement in one judgment or decision, except in the cases provided for in Clause 2 and Clause 3 of this Article.

2. Where a judgment or decision contains items related to returning money or property, the head of the civil enforcement agency issues a separate decision on civil enforcement for each item for each person entitled to enforcement.

3. Where a judgment or decision involves multiple persons who must enforce different items, the head of the civil enforcement agency issues a single decision on civil enforcement for all items within the scope of proactive enforcement that each person must enforce, except in the cases provided for in Clause 2 of this Article.

4. Where enforcing joint rights and obligations, the head of the civil enforcement agency issues a single decision on civil enforcement for those with joint rights and obligations.

5. The head of the civil enforcement agency issues a decision on civil enforcement for each application for civil enforcement. Where a judgment or decision requires one person to enforce for multiple persons entitled to enforcement and the parties submit their applications for civil enforcement at the same time, the head of the civil enforcement agency issues a single decision on civil enforcement for multiple applications.

Where multiple persons are entitled to receive a specific asset according to a judgment or decision, but only some of them have submitted applications for civil enforcement, the head of the civil enforcement agency issues a decision on civil enforcement for those who have submitted applications, while simultaneously notifying the other persons entitled to enforcement of the judgment or decision to submit applications for enforcement within thirty days from the date of receiving the notification. After the deadline, if the notified persons do not apply for enforcement, the Enforcement Officer organizes the transfer of the asset to the persons who have submitted applications for enforcement to manage. The rights and legitimate interests of the persons entitled to enforcement regarding the asset are resolved through agreement or in accordance with the law.

6. Where, after deducting the period during which force majeure or objective obstacles occurred, the statute of limitations for requesting civil enforcement still remains, the head of the civil enforcement agency issues a decision to restore the statute of limitations for requesting civil enforcement; within five working days from the date of issuing the decision to restore the statute of limitations for requesting civil enforcement, the head of the civil enforcement agency must issue a decision on civil enforcement. Where the statute of limitations for requesting civil enforcement has expired, the civil enforcement agency refuses to accept the application for civil enforcement in accordance with Clause 3 of Article 4 of this Decree.

Where a decision on civil enforcement has been issued but the statute of limitations for requesting civil enforcement has expired, the head of the civil enforcement agency issues a decision to revoke the issued decision on civil enforcement. The person responsible for issuing a decision on civil enforcement for a judgment or decision whose statute of limitations for requesting civil enforcement has expired must bear responsibility in accordance with the law."

3. Article 6 shall be amended and supplemented as follows:

"Article 6. Verifying enforcement conditions

1. The person entitled to enforcement has the right to verify the enforcement conditions themselves or authorize another person to do so. Organizations, agencies, or individuals holding information or managing assets or accounts of the person subject to enforcement have the obligation to provide information when requested by the person entitled to enforcement or their authorized representative within five working days from the date of receiving the request, except in cases of force majeure or objective obstacles. If an organization, agency, or individual refuses to provide information, they must issue a written response and state the reasons.

The results of verification are recognized and serve as the basis for organizing enforcement, except in cases where the Enforcement Officer deems it necessary to verify again. The re-verification by the Enforcement Officer is conducted within ten days from the date of receiving the verification results provided by the parties.

In cases where the person entitled to enforcement, organizations, agencies, or individuals provide false information about the enforcement conditions of the person subject to enforcement, they must bear legal responsibility, pay for any incurred costs, and compensate for any losses caused."

2. The person requesting enforcement when requesting the Enforcement Officer to verify the conditions for enforcement must present a work record or other legal documents to prove that they or their authorized representative have conducted verification at agencies, organizations, or individuals holding information about assets, managing assets, or accounts of the person subject to enforcement but without results, except in cases where the person requesting enforcement belongs to families with policy benefits, has contributed to the revolution, or is a lonely, disabled, or chronically ill person, confirmed by a competent authority as provided for in Clause 2, Article 32 of this Decree.

Verification at agencies, organizations, or individuals shall be considered unsuccessful when the person requesting enforcement or their authorized representative proves that they have directly or requested in writing but have not received a response from the agency, organization, or individual within one month from the date of the request, without a legitimate reason.

3. In cases where the person subject to enforcement must simultaneously fulfill both the obligation under the enforcement request and the obligation under the initiative enforcement decision made by the head of the civil enforcement agency, the verification of the conditions for enforcement by the Enforcement Officer shall be actively carried out until the person subject to enforcement fulfills the obligation under the initiative enforcement decision.

The results of verification actively carried out by the Enforcement Officer shall also be recognized to organize the enforcement of the obligation under the enforcement request. Verification of subsequent assets of the person subject to enforcement shall be carried out upon request of the person requesting enforcement.

4. When conducting direct verification, the Enforcement Officer must specifically verify the economic conditions, the current status of assets, based on the content presented by the parties or provided by other agencies or organizations. The person subject to enforcement is responsible for declaring all types of assets, income, and information about assets and income for enforcement purposes and committing to the truthfulness of such declarations.

For assets that require registration of ownership or use, or registration of security transactions, verification must also be conducted at agencies with the function of registering such assets.

For cases where the person subject to enforcement is an agency or organization, the Enforcement Officer shall directly examine the assets, check the accounting system for capital and assets, and verify at other related agencies or organizations managing, preserving, or retaining information about assets or accounts of the person subject to enforcement.

The Enforcement Officer has the right to invite specialized agencies or experts to clarify the contents needing verification. Agencies, organizations, judicial and household registration officers at the commune level, and relevant individuals must comply with the requests of the Enforcement Officer and bear responsibility for the contents of the information provided.

5. For cases of initiative enforcement where the person subject to enforcement does not have the conditions for enforcement, the Enforcement Officer must verify the conditions for enforcement of the parties at least once every six months. If the person subject to enforcement does not have the conditions for enforcement and is serving a prison sentence or cannot be located, the interval between verifications may not exceed one year.

The scope of verifying the conditions for enforcement according to the request shall be carried out according to the request of the person requesting enforcement. The person requesting enforcement has the duty to prove that the person subject to enforcement has assets for enforcement and to request enforcement again if the head of the civil enforcement agency has decided to return the enforcement request.

6. When verifying the conditions for enforcement, the Enforcement Officer must present their Enforcement Officer card or other documents proving their authority to verify the conditions for enforcement. In cases of direct verification, a record must be established. In cases of verification through agencies, organizations, or individuals, it must be done in writing, clearly stating the content of the verification and other necessary information. The Vietnam Social Security, credit institutions, Land Registration Office, security transaction registration agency, notary publics, and other agencies or organizations holding information or managing assets or accounts of the person subject to enforcement must provide a written response to the Enforcement Officer within three working days from the date of receipt of the Enforcement Officer's request.

7. Civil enforcement shall be deemed to lack the conditions for enforcement in the following cases:

a) Belonging to one of the cases stipulated in Clause 1, Article 51 of the Civil Enforcement Law;

b) Suspension or temporary cessation of enforcement as prescribed by law."

4. Supplementing Article 8a as follows:

"Article 8a. Transfer of rights and obligations for enforcement

1. In cases where the transfer of rights and obligations for enforcement as stipulated in Point e, Clause 1, Article 54 of the Civil Enforcement Law is due to a business converting to a joint-stock company without previously fulfilling its rights and obligations for enforcement, then after the conversion, the joint-stock company shall continue to fulfill the rights and obligations for enforcement.

2. Rights and obligations for enforcement transferred to another party according to the law on inheritance shall be handled by the civil enforcement agency as follows:

a) In cases where enforcing the obligation to return property, the person subject to enforcement has died but there is someone directly managing or using the property, the civil enforcement agency shall set a deadline of thirty days for the person managing or using the property of the person subject to enforcement to hand over the property to the person requesting enforcement. After this period, if they fail to comply or the property has no direct manager or user, the civil enforcement agency shall organize the transfer of the property, including compulsory transfer of the property to the person requesting enforcement in accordance with the law.

b) In case the person obligated to perform the payment obligation has died and left behind assets, the civil enforcement agency shall issue a notification document within thirty days for the heir or the administrator of the deceased's estate to agree on fulfilling the enforcement obligation left by the deceased. After this period, if the heir or the administrator does not reach an agreement or fails to reach an agreement on performing the deceased's obligations, the civil enforcement agency will apply enforcement security measures and compulsory enforcement measures against the assets left by the deceased to ensure enforcement, while setting a thirty-day deadline from the date of notification for those related to the assets to initiate litigation to divide the inheritance. If there is no litigation initiated within the notification period for dividing the inheritance, the civil enforcement agency will process the assets for enforcement.

5. Supplement Article 8b as follows:

"Article 8b. Execution of Entrusted Enforcement

1. In cases where the person subject to enforcement has multiple assets in different locations, the civil enforcement agency shall implement entrusted enforcement in the following order:

a) According to the agreement of the parties involved;

b) Where there are sufficient assets to enforce the judgment or decision;

c) In cases where the assets are insufficient for enforcement, entrustment shall be made to the location with the highest value asset or the location with the most assets.

2. The decision on entrusted enforcement must clearly state the content of the entrusted enforcement, the amount already executed, the amount to continue executing, and other necessary information for the implementation of entrusted enforcement.

When sending the decision on entrusted enforcement, the civil enforcement agency must send along the judgment, decision, original inventory record, temporary seizure record of assets, and other relevant documents, if any. In cases where entrusted enforcement is required at multiple locations, the civil enforcement agency shall copy the judgment, decision, and related documents into multiple copies, stamped with the seal of the entrusted enforcement agency, to be sent to the civil enforcement agency receiving the entrusted enforcement.

a) In cases where the entrusted enforcement decision is an active enforcement decision, the agency receiving the entrusted enforcement shall handle the enforcement according to the provisions of the law; if it discovers that the person subject to enforcement has assets or resides, works, or has a headquarters in another locality, it shall entrust further to the civil enforcement agency in the locality where enforcement conditions exist;

b) In cases where the entrusted enforcement decision is based on a request, the agency receiving the entrusted enforcement shall return the request to the party involved, along with relevant documents for them to serve as grounds to request enforcement again when the person subject to enforcement has the conditions for enforcement.

6. Supplement Article 8c as follows:

"Article 8c. Enforcement when the price of the asset changes at the time of enforcement

1. The enforcement officer shall organize the valuation of the asset to implement enforcement when the price of the asset changes at the time of enforcement according to the provisions of Article 59 of the Civil Enforcement Law in cases where at least one of the parties has a request for asset valuation and the asset price changes by 20% or more at the time of enforcement compared to the value of the asset when the judgment, decision becomes legally effective.

2. The party requesting asset valuation shall be responsible for providing evidence proving the change in asset price, attached to the request for asset valuation. Evidence proving the change in asset price may be a list of asset prices issued by the People's Committee or competent authority, or the actual transfer price of similar assets in the locality.

Within thirty days from the date of receipt of the request for asset valuation from the party, the enforcement officer must proceed with the valuation procedure according to the provisions of Article 98 of the Civil Enforcement Law. Valuation costs shall be borne by the party requesting the valuation.

3. Within ten days from the date of the valuation result, the enforcement officer shall notify in writing the recipient of the asset to pay an amount corresponding to the ratio of the asset value that the party receives according to the judgment, decision compared to the asset price determined under Clause 2 of this Article to settle the enforcement money.

Within thirty days from the date of receipt of the notice to pay enforcement money, if the recipient of the asset does not voluntarily pay the enforcement money, the enforcement officer shall organize the auction of the asset for enforcement. The proceeds from the sale of the asset shall be settled according to the corresponding ratio of the money and assets that the parties receive according to the judgment, decision but without interest for late enforcement.

4. Auction costs specified in Clause 3 of this Article shall be borne by the parties according to the ratio of the money and assets they actually receive according to the law on costs of compulsory civil enforcement.

5. The person currently managing the asset who does not voluntarily hand over the asset to the buyer of the auctioned asset shall be subject to compulsory civil enforcement and shall bear the costs according to the regulations on costs of compulsory civil enforcement.

7. Article 14 shall be amended and supplemented as follows:

"Article 14. Collection of Money and Assets of the Person Subject to Enforcement Currently Held by a Third Party

1. When discovering organizations or individuals holding money or assets of the person subject to enforcement, the enforcement officer shall prepare a working record or issue a document requesting the organization or individual holding the money or assets to submit to the civil enforcement agency for enforcement.

Organizations or individuals holding money or assets of the person subject to enforcement who do not comply with the enforcement officer's request to submit the money or assets shall have enforcement security measures and compulsory enforcement measures applied against them.

Compulsory enforcement costs shall be borne by the person subject to enforcement.

2. In cases where organizations or individuals are found to owe money or assets to the person subject to enforcement and the amount of money or assets has been determined by a judgment or decision of the court that is legally effective, the enforcement officer shall request these organizations or individuals to submit the money or assets to the civil enforcement agency for enforcement. If the organization or individual owing money or assets to the person subject to enforcement does not comply, the enforcement officer shall apply necessary compulsory enforcement measures against them to collect the enforcement money or assets.

Compulsory enforcement costs in this case shall be borne by the organization or individual subject to compulsory enforcement."

8. Article 15 shall be amended and supplemented as follows:

"Article 15. Determining the value of seized assets

1. The enforcement officer determines the value of seized assets with a small value, which at the time of valuation, unused products of the same type have a market selling price not exceeding VND 5,000,000 (five million dong).

2. In cases where it is not possible to sign a service contract as stipulated in point a, Clause 3, Article 98 of the Civil Enforcement Law, the enforcement officer shall seek opinions from financial agencies and relevant specialized agencies before determining the value of the seized asset. Seeking opinions from financial agencies and relevant specialized agencies must be recorded in writing or in minutes signed by the enforcement officer and the financial agency or relevant specialized agency.

Within fifteen days from the date of receipt of the request of the enforcement officer, if the financial agency and relevant specialized agency do not provide their opinions in writing, the head of the civil enforcement agency shall issue a document requesting the Chairman of the People's Committee at the same level to direct relevant specialized agencies to provide opinions for the enforcement officer to determine the value of the seized asset."

9. Supplement Article 15a as follows:

"Article 15a. Valuation of Seized Assets

1. Where the parties agree on an appraisal organization within the province or centrally governed municipality where the seized asset is located or another location, the enforcement officer shall enter into a service contract with the appraisal organization chosen by the parties.

The agreement of the parties regarding the selection of the appraisal organization also applies to the revaluation of seized assets.

2. Where there is evidence proving that the previous appraisal result was not objective and had negative impacts directly affecting the legitimate rights of the party, the party has the right to request hiring another appraisal organization to re-appraise and bear the costs of re-appraisal except in cases of re-appraisal due to violations of the valuation provisions as stipulated in point a, Clause 1, Article 99 of the Civil Enforcement Law.

3. Where the party requests revaluation of the seized asset before the public announcement of the auction sale of the asset as stipulated in point b, Clause 1, Article 99 of the Civil Enforcement Law or requests revaluation of the unsold auctioned asset without any bidder participating in the auction, the enforcement officer shall organize the revaluation of the seized asset. The enforcement officer shall notify the party about the requirement for the party requesting revaluation to bear the costs of revaluing the asset according to the law.

The request for revaluation of the asset as provided for in this clause may only be implemented once before the first public announcement of the auction sale of the asset and once for the unsold auctioned asset without any bidder participating in the auction. The request for revaluation will only be accepted if the party submits a request within the following time limits:

a) Five working days from the date of receipt of the notification of the appraisal results for the asset announced for auction;

b) Ten days from the date of receipt of the notification of the unsold auction without any bidder participating in the auction.

4. The re-appraised value of the asset as provided for in Clauses 2 and 3 of this Article shall serve as the starting price for the auction sale of the asset."

10. Supplement Article 15b as follows:

"Article 15b. Ensuring Priority Right to Purchase Jointly Owned Property

1. Before the first sale of jointly owned property, the enforcement officer shall notify and set a deadline for the co-owner to exercise the priority right to purchase the debtor's share of the property within three months for real estate and one month for movable property from the date of receipt of a valid notice. The co-owner of the property with the debtor has the priority to purchase the property at the determined price.

2. If the co-owner does not purchase the property, within five working days from the expiration of the priority period specified in Clause 1 of this Article, the enforcement officer shall sell or enter into a service contract for auctioning the jointly owned property of the debtor to another person for enforcement."

11. Supplement Article 17a as follows:

"Article 17a. Disposal of Enforced Assets Not Participated in Auctions

In cases where there is no participant in the auction sale after two public announcements as prescribed by law, the following measures shall be taken:

1. The enforcement officer shall notify the parties of the absence of participants in the auction sale. Within ten days from the date of receipt of the notice, if the party does not request a revaluation, the enforcement officer shall issue a decision to reduce the price of the asset to continue the auction sale.

2. After three reductions in price and still no participants in the auction sale, the asset shall be disposed of as follows:

a) If the person entitled to enforcement agrees to accept the asset to offset the amount of enforcement, the enforcement officer shall notify the debtor.

Within thirty days from the date the debtor receives the notice of the person entitled to enforcement agreeing to accept the asset for enforcement, if the debtor fails to pay the full amount of enforcement and enforcement costs to reclaim the asset put up for auction, the enforcement officer shall transfer the asset to the person entitled to enforcement. For immovable property and movable property requiring registration of ownership and use rights, the enforcement officer shall issue a decision to transfer the asset to the person entitled to enforcement to complete the registration and issuance of certificates of ownership and use rights for the asset. If the debtor or the current manager/user of the asset refuses to hand over the asset to the person entitled to enforcement, they will be subject to compulsory enforcement.

3. Prior to reducing the asset value, the Enforcement Officer requests the parties to agree on the reduction level. If the parties do not reach an agreement or their agreement is not valid regarding the reduction level, the Enforcement Officer shall decide on the reduction level. Each reduction shall not exceed ten percent of the previously determined price.

12. Article 18 is amended and supplemented as follows:

"Article 18. Handling of evidence items and temporarily detained assets declared confiscated or transferred to the state treasury

1. The financial agency at the same level as the civil enforcement agency organizing the enforcement, or the provincial financial agency where the civil enforcement agency of the military region or the place where the evidence items and temporarily detained assets are kept is located, shall be responsible for receiving and handling the evidence items and assets declared confiscated or transferred to the state treasury, except in cases provided for in Clause 2 of this Article.

2. For evidence items and assets that are weapons, tools for assistance, explosives, flammable materials, toxic substances, radioactive materials, forest products, animals listed in the categories of critically endangered, precious, and rare species, technical equipment and means specifically used for national defense and security, or cultural relics, the competent state agency managing such assets shall be responsible for receiving them.

3. The civil enforcement agency shall notify and set a deadline of ten days from the date of notification for the agency responsible for receiving the evidence items and assets to complete the reception.

If the deadline has passed without the receipt of the evidence items and assets, the agency responsible for receiving must pay all expenses for preserving the assets and bear all risks from the time of delay in receiving.

The transfer of evidence items and temporarily detained assets declared confiscated or transferred to the state treasury shall be carried out at the storage facility of the civil enforcement agency or at the location where the evidence items and temporarily detained assets are kept.

4. In the case where the financial agency at the same level has issued a written authorization to the civil enforcement agency at the same level organizing the enforcement to handle the assets declared confiscated or transferred to the state treasury, the civil enforcement agency shall handle the assets and complete the procedures for transferring them to the state treasury according to the provisions of the law.

13. Add Article 24a as follows:

"Article 24a. Order of payment for enforcement proceedings

1. The amount collected through compulsory enforcement decisions shall be paid to all persons entitled to enforcement who have submitted enforcement requests up to the date of the compulsory enforcement decision, regardless of whether the enforcement request was the basis for compulsory enforcement, and the remaining amount shall be paid to persons entitled to enforcement based on other enforcement decisions after the compulsory enforcement decision, up to the date of payment.

2. Specific obligations prioritized for payment as stipulated in Clause 3 of Article 47 of the Civil Enforcement Law must be clearly defined in the judgment or decision of the court declaring the attachment to secure the specific obligation.

14. Supplement Article 24b as follows:

"Article 24b. Ensuring the rights of purchasers of auctioned assets and recipients of assets for enforcement

1. Purchasers of auctioned assets and recipients of assets for enforcement shall be protected in their ownership and use of the assets they have purchased or received.

2. In the event that the purchaser of an auctioned asset has fully paid the purchase price but the judgment or decision is suspended, appealed, revised, or annulled, the civil enforcement agency shall continue to complete the procedures for delivering the asset, including enforcing the delivery of the asset to the purchaser of the auctioned asset, except in the following cases:
a) The auction process and procedures violate the law due to the fault of the purchaser of the auctioned asset;

b) The obligor, the person entitled to enforcement, and the purchaser of the auctioned asset have agreed otherwise.

3. Compulsory delivery of assets to the purchaser of the auctioned asset or recipient of assets shall be carried out according to the provisions on compulsory civil enforcement for the transfer of property or transfer of property rights.

15. Clause 1 of Article 26 is amended and supplemented as follows:

"Article 26. Exemption and reduction of enforcement obligations for amounts remitted to the state budget

1. A person obligated to enforce an amount remitted to the state budget who has fulfilled at least one-fiftieth of the amount to be enforced, but the value is not less than the non-scale litigation fee, may be considered for exemption or reduction of enforcement obligations according to the provisions of Clauses 2 and 3 of Article 61 of the Civil Enforcement Law.

The first enforcement decision serves as the basis for determining the period for considering exemption or reduction of enforcement obligations as stipulated in Clause 1 of Article 61 of the Civil Enforcement Law.

16. Amend and supplement Clauses 5, 6, and 7 of Article 34 as follows:

"Article 34. Cases Not Subject to Enforcement Fees

5. Recovered loan amounts for the Social Policy Bank in cases where the Bank provides loans to the poor and other policy beneficiaries.

6. Court judgments and decisions that determine there is no scale and no litigation fees when adjudicating.

7. Money and assets returned to the parties in cases of voluntary enforcement as stipulated in Point b, Clause 1 of Article 36 of the Civil Enforcement Law.

17. Supplement Article 34a as follows:

"Article 34a. Judicial Assistance in Civil Matters During Civil Enforcement

1. Requesting foreign judicial assistance in civil matters during civil enforcement

a) The civil enforcement agency may request the competent authority abroad to provide judicial assistance during the enforcement of judgments and decisions.

The procedures, formalities, documents, and costs for requesting judicial assistance from foreign authorities and the documents for entrusting judicial assistance shall comply with the laws on judicial assistance and international treaties to which Vietnam is a party;

Where a foreign competent authority or a Vietnamese representative office abroad notifies that the judicial assistance commission has not been successful, or six months have passed since the Ministry of Justice sent the second valid judicial assistance dossier to the foreign competent authority or the Ministry of Foreign Affairs without receiving a notification on the implementation result, the civil enforcement agency shall resolve the civil enforcement matter based on the available documents in accordance with the laws on civil enforcement.

For civil enforcement matters involving the delivery of documents related to assets or personal status of the parties, where a foreign competent authority or a Vietnamese representative office abroad notifies that the judicial assistance commission has not been successful, or one year has elapsed from the date the Ministry of Justice sent the second valid judicial assistance dossier to the foreign competent authority or the Ministry of Foreign Affairs and the party has not come to collect the documents, the civil enforcement agency shall proceed with the transfer procedures to the issuing authority.

2. Implementation of foreign judicial assistance in civil enforcement

The civil enforcement agency receives and processes requests for judicial assistance from foreign competent authorities related to civil enforcement.

The procedures for implementing requests for judicial assistance from foreign competent authorities related to civil enforcement shall be carried out in accordance with the laws on judicial assistance and international treaties to which Vietnam is a party.

3. Authority to request and implement judicial assistance regarding civil matters in civil enforcement

a) The provincial civil enforcement agency has the authority to request and implement judicial assistance in civil enforcement;

b) During the process of resolving the execution of judgments and decisions, if there arises a need for judicial assistance regarding civil matters, the district-level civil enforcement agency shall prepare a judicial assistance dossier in accordance with Article 11 of the Law on Judicial Assistance and guiding documents and send it to the provincial civil enforcement agency for the implementation of judicial assistance. The civil enforcement agency authorized to request the implementation of judicial assistance regarding civil matters through judicial assistance shall be forwarded to the Ministry of Justice.

18. Supplement Article 34b as follows:

"Article 34b. Directive on the Execution of Major and Complex Enforcement Cases

1. In cases deemed necessary, upon the proposal of the Minister of Justice, the Prime Minister may establish a Steering Committee for the Execution of specific cases.

2. The Steering Committee established under Clause 1 of this Article shall assist the Prime Minister in providing guidance for the execution of major and complex enforcement cases that have significant impacts on national security, politics, and social order and safety."

Article 2. Effectiveness and responsibility for implementation

1. This Decree takes effect from December 1, 2013.

2. Heads of enforcement agencies, enforcement officers, enforcement staff, and other individuals and organizations that fail to enforce judgments and decisions properly, delay enforcement, apply coercive measures for enforcement contrary to the law, or violate procedural regulations on civil enforcement shall be subject to administrative penalties, disciplinary actions, or criminal prosecution, and must compensate for any damages caused.

If the person entitled to enforcement is an agency, organization, or enterprise entitled to enforce monetary claims or state-owned assets and does not request enforcement within one year from the date the judgment or decision becomes legally effective, the direct management agency shall be responsible for directing such agency, organization, or enterprise to request enforcement. Ministers, heads of ministries equivalent to ministries, heads of government agencies, and chairpersons of provincial people's committees directly under the central government shall be responsible for organizing the implementation of this Decree.

If the person entitled to enforcement is an agency, organization, or enterprise entitled to enforce monetary claims or state-owned assets and does not request enforcement within one year from the date the judgment or decision becomes legally effective, the direct management agency shall be responsible for directing such agency, organization, or enterprise to request enforcement.

Ministers, heads of ministries equivalent to ministries, heads of government agencies, and chairpersons of provincial people's committees directly under the central government shall be responsible for organizing the implementation of this Decree./.