Ordinance No. 13/2004/PL-UBTVQH11 on Civil Enforcement

 

ORDINANCE

On the enforcement of civil judgments

__________

 

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

This Ordinance stipulates on the enforcement of civil judgments.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Ordinance stipulates on the organization and procedures for enforcing civil judgments.

2. Civil judgments and decisions referred to in this Ordinance include:

a) Civil, family, labor, and economic judgments and decisions of the Court;

b) Civil judgments and decisions of foreign courts and foreign arbitration awards recognized and enforced in Vietnam by Vietnamese courts;

c) Decisions regarding civil matters, fines, confiscation of assets, handling of evidence, assets, recovery of money, proceeds from unlawful gains, and court fees in criminal judgments and decisions of the Court;

d) Decisions concerning property in administrative judgments and decisions of the Court;

đ) Bankruptcy declarations;

e) Decisions of the Vietnam Commercial Arbitration Council;

g) Other civil judgments and decisions prescribed by law.

Article 2. Civil judgments and decisions subject to enforcement

Civil judgments and decisions subject to enforcement under this Ordinance include:

1. Civil judgments and decisions specified in Article 1 of this Ordinance that have taken legal effect:

a) The judgment or part of the judgment of the first-instance court not appealed or protested according to the appellate procedure;

b) Judgments and decisions of the appellate court;

c) Supervisory or retrial decisions of the Court;

d) Civil judgments and decisions of foreign courts and foreign arbitration awards recognized and enforced in Vietnam by Vietnamese courts;

đ) Decisions of the Vietnam Commercial Arbitration Council that have taken enforcement effect;

2. Civil judgments and decisions specified in Article 1 of this Ordinance that have not yet taken legal effect but are immediately enforceable:

a) Judgments and decisions of the first-instance court regarding maintenance, salary, wages, severance pay, unemployment benefits, social insurance, or compensation for loss of life, health, and re-employment;

b) Decisions of the Court on provisional measures to ensure the trial and enforcement of judgments.

Article 3. Ensuring the effectiveness of civil judgments and decisions

Civil judgments and decisions that have taken legal effect must be strictly enforced by the person subject to enforcement, the person entitled to enforcement, and persons with rights and obligations related to the enforcement of judgments (collectively referred to as parties), and respected by state agencies, political organizations, political-social organizations, social organizations, occupational social organizations,, economic organizations, people's armed forces units, and individuals.

Article 4. Grounds for initiating enforcement proceedings

Civil judgments and decisions are initiated for enforcement when there are the following grounds:

1. Civil judgments and decisions subject to enforcement as provided in Article 2 of this Ordinance;

2. Enforcement decision.

Article 5. Right to request enforcement

1. If the parties do not voluntarily comply, the person entitled to enforcement and the person subject to enforcement may request the competent enforcement agency to issue an enforcement decision based on the civil judgment or decision.

2. The person requesting enforcement must submit a written request for enforcement or directly visit the enforcement agency to clearly state the content of the request and relevant information about the enforcement process along with the civil judgment or decision.

Article 6. Voluntary Enforcement of Judgments

1. The State encourages parties to voluntarily enforce judgments.

2. The person entitled to enforcement and the person subject to enforcement may agree among themselves on the time, place, and method of enforcement, but such agreements must not contravene laws or social morals.

3. Based on the enforcement decision, the Enforcement Officer shall set a voluntary enforcement period for the person subject to enforcement, which shall not exceed thirty days from the date of receipt of the enforcement decision, except in cases provided for in Clause 2 of Article 7 of this Ordinance.

Article 7. Compulsory Enforcement of Judgments

1. If the person subject to enforcement has the ability to perform but does not voluntarily enforce the judgment, they will be subject to compulsory enforcement as prescribed in this Ordinance.

After the voluntary enforcement period specified in Clause 3 of Article 6 of this Ordinance has expired, if the person subject to enforcement has the ability to perform but does not enforce the judgment, the Enforcement Agency must issue a decision for compulsory enforcement.

2. In cases where it is necessary to prevent the person subject to enforcement from disposing of, destroying assets, or evading enforcement, the Enforcement Officer has the right to promptly apply the compulsory enforcement measures prescribed in Article 37 of this Ordinance.

3. Compulsory enforcement actions shall not be organized on days off as stipulated by labor laws and during the hours from 10 PM to 6 AM the following morning, or for other special reasons prescribed by the Government, except in cases provided for in Clause 2 of this Article, but the reason must be clearly recorded in the minutes.

Article 8. Responsibilities of Agencies, Organizations, People's Armed Forces Units, and Individuals in Enforcing Judgments enforcement of judgments

1. State agencies, political organizations, political-social organizations, social organizations, social-professional organizations, economic organizations, people's armed forces units within their respective duties and authorities, and individuals have the responsibility to fully implement the requirements of the Enforcement Officer in enforcing judgments.

2. Chairpersons of People's Committees at all levels within their respective duties and authorities have the responsibility to direct the organization of coordination among relevant agencies in enforcing judgments in their localities.

Commanders of Military Regions and equivalent units within their respective duties and authorities have the responsibility to direct the organization of coordination among relevant agencies in enforcing judgments in their areas.

3. Public security agencies have the duty to maintain public order and promptly prevent acts that obstruct or oppose enforcement. In cases where compulsory enforcement measures need to be applied, the public security agency and other relevant agencies have the duty to cooperate in implementation according to the requirements of the Head of the Enforcement Agency or the Enforcement Officer.

Article 9. Safeguarding the Rights and Legitimate Interests of Persons Related to Enforcement

Persons with rights and obligations related to enforcement are entitled to participate in enforcement proceedings and have the right to lodge complaints or initiate lawsuits in accordance with the law to protect their legitimate rights and interests.

Article 10. Supervision of Enforcement

Within their respective duties and authorities, the People's Procuracy supervises compliance with laws on enforcement by the parties, the Enforcement Agency, Enforcement Officers, and other state agencies, political organizations, political-social organizations, social-professional organizations, social organizations, economic organizations, people's armed forces units, and individuals related to enforcement to ensure timely, full, and lawful enforcement.

Chapter II

THE CIVIL ENFORCEMENT AGENCY AND ENFORCEMENT OFFICERS

Section 1

THE CIVIL ENFORCEMENT AGENCY

Article 11. Civil Enforcement Agencies

The Civil Enforcement Agencies include:

1. Civil Enforcement Agency of the province, centrally governed city (hereinafter referred to collectively as the Provincial Civil Enforcement Agency);

2. Civil Enforcement Agency of the district, town, provincial city (hereinafter referred to collectively as the District Civil Enforcement Agency);

3. Civil Enforcement Agency of the military region and equivalent (hereinafter referred to collectively as the Military Region Civil Enforcement Agency).

The organization, tasks, and powers of these Civil Enforcement Agencies shall be specified by the Government.

Section 2

ENFORCEMENT OFFICER, HEAD OF THE CIVIL ENFORCEMENT AGENCY

Article 12. Enforcement Officer

1. An Enforcement Officer is a person assigned by the State to carry out civil judgments and decisions as stipulated in Article 2 of this Ordinance.

The Enforcement Officer is appointed for a term of five years.

2. When performing their duties and powers, the Enforcement Officer must comply with the law and bear responsibility under the law for the execution of judgments.

3. The Enforcement Officer is provided with uniforms, insignia, and an Enforcement Officer card for use when on duty and receives salary according to the scale prescribed by the Government.

Article 13. Standards and Appointment, Removal, and Dismissal of Enforcement Officers

1. A Vietnamese citizen who is loyal to the country, honest, incorruptible, has good moral character, holds a bachelor's degree in law or higher, has been trained in enforcement procedures, has worked in legal affairs as prescribed in this Article, and has the health to fulfill the assigned tasks may be selected and appointed as an Enforcement Officer.

2. A person meeting the standards set forth in Clause 1 of this Article, having worked in legal affairs for at least four years, and possessing the capacity to handle cases within the jurisdiction of the District Civil Enforcement Agency may be selected and appointed as an Enforcement Officer of the District Civil Enforcement Agency.

3. A person meeting the standards set forth in Clause 1 of this Article and having served as an Enforcement Officer of the District Civil Enforcement Agency for at least five years, and possessing the capacity to handle cases within the jurisdiction of the Provincial Civil Enforcement Agency may be selected and appointed as an Enforcement Officer of the Provincial Civil Enforcement Agency.

In case of personnel needs of the Civil Enforcement Agency, a person meeting the standards set forth in Clause 1 of this Article and having worked in legal affairs for at least ten years, and possessing the capacity to handle cases within the jurisdiction of the Provincial Civil Enforcement Agency may be selected and appointed as an Enforcement Officer of the Provincial Civil Enforcement Agency.

4. A person meeting the standards set forth in Clause 1 of this Article, being an active-duty military officer, having worked in legal affairs for at least ten years, and possessing the capacity to handle cases within the jurisdiction of the Military Region Civil Enforcement Agency may be selected and appointed as an Enforcement Officer of the Military Region Civil Enforcement Agency.

5. The appointment, removal, and dismissal of Enforcement Officers shall be decided by the Minister of Justice upon the recommendation of the Selection Council for Enforcement Officers.

The Government shall specify the composition of the Selection Council for Enforcement Officers, conditions, and procedures for the appointment, removal, and dismissal of Enforcement Officers of the Civil Enforcement Agency.

Article 14. Duties and Authorities of Enforcement Officers

The Enforcement Officers shall have the following duties and authorities:

1. To enforce the contents of court judgments and decisions accurately; to apply correctly the provisions of laws on the procedures and enforcement proceedings, ensuring the interests of the State and the legitimate rights and interests of the parties;

2. To summon the parties and persons related to the enforcement proceedings to the office of the Enforcement Agency or the People's Committee of the commune, ward, town where the enforcement takes place for the implementation of the enforcement proceedings; to explain and persuade the parties to voluntarily comply with the enforcement;

3. To set deadlines for the obligor to voluntarily comply with the enforcement as prescribed in Clause 3, Article 6 of this Ordinance;

4. To verify assets and conditions for enforcement of the obligor; to request relevant agencies, organizations, and individuals to provide documents to verify the address and assets of the obligor or to cooperate with competent agencies to handle evidence, assets, and other matters related to the enforcement;

5. To decide to apply coercive measures for enforcement as prescribed in this Ordinance to ensure the enforcement;

6. To record acts violating the law during the enforcement process; to impose administrative penalties within their authority or to propose the Head of the Enforcement Agency at the same level to recommend the competent state agency to impose disciplinary actions, administrative penalties, or criminal prosecution against violators;

7. To perform other tasks assigned by the Head of the Enforcement Agency.

Article 15. Head of the Enforcement Agency

1. The Head of the Enforcement Agency shall be appointed from among the Enforcement Officers.

2. Enforcement Officers of the provincial or district-level Enforcement Agencies who have management and leadership capabilities over the work of the district-level Enforcement Agency may be considered for appointment as the Head of the district-level Enforcement Agency.

3. Enforcement Officers of the provincial-level Enforcement Agency or the Head of the district-level Enforcement Agency who have management and leadership capabilities over the work of the provincial-level Enforcement Agency may be considered for appointment as the Head of the provincial-level Enforcement Agency.

4. The appointment, dismissal, and removal of the Head of the provincial or district-level Enforcement Agency shall be decided by the Minister of Justice.

5. The criteria, appointment, dismissal, and removal of the Head of the Enforcement Agency at the Military Region level shall be stipulated by the Minister of National Defense.

The Government shall prescribe the procedures for the appointment, dismissal, and removal of the Head of the Enforcement Agency.

Article 16. Duties and Authorities of the Head of the Enforcement Agency

The Head of the Enforcement Agency shall have the following duties and authorities:

1. To issue decisions on enforcement;

2. To assign Enforcement Officers to carry out enforcement;

3. To guide professional matters, direct, and inspect the enforcement work of Enforcement Officers or lower-level Enforcement Agencies in accordance with the law;

4. To propose relevant agencies, organizations, and people's armed forces units to coordinate in organizing enforcement;

5. To request the court that issued the judgment or decision to explain in writing unclear points in such judgment or decision for enforcement purposes;

6. To recommend the competent authority to review cases for cassation or reconsideration of judgments or decisions that have taken legal effect if there is evidence indicating violations of the law in the resolution of the case or new circumstances are discovered;

7. To resolve complaints and denunciations regarding enforcement and respond to appeals on enforcement within their authority;

8. To impose administrative penalties within their authority; to recommend the competent state agency to impose disciplinary actions, administrative penalties, or criminal prosecution against violators;

9. To report on enforcement work to the superior Enforcement Agency and the People's Committee at the same level. The reporting on enforcement work by the Head of the Military Region-level Enforcement Agency shall be regulated by the Minister of National Defense.

The Deputy Head of the Enforcement Agency assists the Head in performing tasks and authorities according to the division of labor or when authorized by the Head.

Article 17. Uniforms for civil servants performing enforcement tasks

Civil servants performing civil enforcement tasks shall be provided with uniforms in accordance with the provisions of the Government.

Chapter III

PROCEDURES FOR ENFORCEMENT

Article 18. Issuance of court judgments and decisions

When a judgment or decision of the Court is enforced in accordance with Article 2 of this Ordinance, the Court that issued such judgment or decision must provide the judgment or decision marked "for enforcement" to the person entitled to enforcement and the person subject to enforcement.

The Court must explain to the person entitled to enforcement and the person subject to enforcement their rights to request enforcement, the time limit for requesting enforcement, and their obligations under the law.

Article 19. Delivery and Explanation of Court Judgments and Decisions

1. For judgments and decisions of the Court specified in points a, b, c, and d of Clause 1, Article 2 of this Ordinance, the Court that issued such judgment or decision must deliver the judgment or decision to the Enforcement Agency and the People's Procuracy at the same level as the Court that rendered the first-instance judgment within thirty days from the date the judgment or decision becomes legally effective.

2. For judgments and decisions enforced in accordance with point a of Clause 2, Article 2 of this Ordinance, the Court that issued such judgment or decision must deliver the judgment or decision to the Enforcement Agency and the People's Procuracy at the same level as the Court that rendered the first-instance judgment within ten working days from the date of issuance of the judgment or decision.

In the case of a decision on urgent interim measures, the Court that issued the decision must immediately transfer the decision to the Enforcement Agency at the same level.

3. When transferring judgments and decisions, the Court must send along with them the inventory list, temporary seizure of property, and other related documents (if any).

4. In cases where the head of the Enforcement Agency requests an explanation of the judgment or decision, the Court that issued the judgment or decision must respond in writing within fifteen days from the date of receipt of the request.

Article 20. Enforcement Fees

A person entitled to enforcement who submits a request for enforcement must pay enforcement fees for the amount of enforcement based on the value of the assets they actually receive.

The rate of enforcement fees, collection, payment, management, use, and exemption or reduction of enforcement fees shall be stipulated by the Government.

Article 21. Authority to Issue Enforcement Decisions

1. The head of the Enforcement Agency at the provincial level shall issue enforcement decisions for the following judgments and decisions:

a) First-instance judgments and decisions of the People's Court of the province or centrally-administered city;

b) Judgments and decisions within the authority of the head of the Enforcement Agency at the district level but which due to complexity and involving multiple districts are deemed necessary to be taken up for enforcement;

c) Judgments and decisions of the Supreme People's Court sent to the Provincial Enforcement Agency;

d) Judgments and decisions entrusted by the Enforcement Agency elsewhere;

đ) Civil judgments and decisions of foreign courts and arbitral awards of foreign arbitral tribunals recognized and ordered to be enforced in Vietnam;

e) Decisions of the Vietnam Commercial Arbitration Commission.

2. The head of the Enforcement Agency at the military region level shall issue enforcement decisions for the following judgments and decisions:

a) Decisions regarding property in criminal judgments of the Military Court of the military region and equivalent;

b) Decisions regarding property in criminal judgments of the Military Court of the area within the jurisdiction of the Military Court of the military region and equivalent;

c) Decisions regarding property in criminal judgments of the Central Military Court transferred to the Military Region Enforcement Agency;

d) Judgments and decisions of the Supreme People's Court sent to the Military Region Enforcement Agency;

đ) Judgments and decisions entrusted by the Enforcement Agency elsewhere.

3. The head of the Enforcement Agency at the district level shall issue enforcement decisions for the following judgments and decisions:

a) First-instance judgments and decisions of the People's Court of the district, town, city, or provincial-level city;

b) Second-instance judgments and decisions of the People's Court of the province or centrally-administered city;

c) Judgments and decisions of the Supreme People's Court sent to the District Enforcement Agency;

d) Judgments and decisions entrusted by the Enforcement Agency elsewhere.

Article 22. Initiating Execution Decisions Proactively

1. The head of the Enforcement Agency shall proactively issue execution decisions for the following parts of judgments and decisions:

a) court fees and litigation fees, refunding temporarily advanced court fees and litigation fees;

b) fines;

c) confiscation of assets, recovery of taxes, recovery of money, proceeds from unlawful gains;

d) handling of evidence items, seized assets;

đ) recovering land according to the court's decision;

e) decisions on urgent interim measures of the court.

2. The deadline for issuing execution decisions is five working days, starting from the date of receiving the judgment or decision; for decisions on urgent interim measures, the execution decision must be issued immediately.

Article 23. Issuing Execution Decisions Based on Requests

Apart from the cases stipulated in Article 22 of this Ordinance, the head of the Enforcement Agency shall only issue execution decisions upon request from the person entitled to enforcement or the person subject to enforcement.

The deadline for issuing execution decisions is five working days, from the date of receiving the enforcement request.

Article 24. Entrusting Execution

1. The head of the Enforcement Agency with authority to issue execution decisions has the right to entrust execution to the Enforcement Agency where the person subject to enforcement resides, works, holds assets, or has a headquarters.

The deadline for issuing entrusted execution decisions does not exceed five working days, starting from the date of determining the basis for entrusting.

2. The Government shall regulate the entrusting of execution.

Article 25. Statute of Limitations for Requesting Enforcement

1. Within three years from the date when the judgment or decision becomes legally effective, the person entitled to enforcement and the person subject to enforcement have the right to request the competent Enforcement Agency to issue an execution decision.

In cases where the deadline for performing obligations is set forth in the judgment or decision of the court, the three-year period is calculated from the due date of the obligation.

For periodic enforcement judgments or decisions, the three-year period applies to each period, calculated from the due date of the obligation.

2. If the person requesting enforcement can prove that they were prevented from making the request within the time limit due to objective obstacles or force majeure events, the time during which such obstacles or events occurred will not be counted towards the statute of limitations for requesting enforcement.

For cases of suspension or temporary cessation of enforcement as provided for in Articles 26 and 27 of this Ordinance, the suspension or temporary cessation period will not be counted towards the statute of limitations for requesting enforcement.

3. The head of the Enforcement Agency with authority to issue execution decisions shall examine and issue a decision to restore the statute of limitations for requesting enforcement. In cases where there is no basis for restoring the statute of limitations for requesting enforcement, the head of the Enforcement Agency shall issue a decision not to accept the overdue enforcement request.

4. The statute of limitations prescribed in Clause 1 of this Article does not apply to the cases stipulated in Article 22 of this Ordinance, except where otherwise provided by law.

Article 26. Suspension of Enforcement

1. The head of the Enforcement Agency has the right to issue a decision to suspend enforcement in the following cases:

a) The person subject to enforcement is seriously ill or their place of residence cannot be determined, or for other legitimate reasons, they are unable to perform the obligation as required by the judgment or decision, which requires them to perform it themselves;

b) The person entitled to enforcement agrees to allow the person subject to enforcement to suspend the enforcement;

c) The person subject to paying state budget contributions does not have assets or has assets but the value of those assets is insufficient to cover the costs of compulsory enforcement, or has assets but those assets belong to a category that cannot be seized;

d) There is a dispute over the seized property as provided for in Clause 5 of Article 41 of this Ordinance, which is being heard and resolved by the court..

2. The person with authority to lodge objections against the judgment or decision of the court has the right to request a suspension of enforcement once to review the objection through the cassation or revision procedure. The head of the Enforcement Agency must issue a decision to suspend enforcement upon receipt of the suspension request from the person with authority to lodge objections.

The suspension period based on the request of the person with authority to lodge objections does not exceed ninety days, starting from the date of issuing the decision to suspend enforcement.

3. Within three working days from the date when the conditions for suspending enforcement stipulated in Clause 1 of this Article no longer exist or the suspension period based on the request of the person with authority to lodge objections has expired without an objection, the head of the Enforcement Agency must issue a decision to continue enforcement.

4. Upon receipt of a suspension request from the person with authority to lodge objections, if part or all of the judgment or decision has already been enforced, the head of the Enforcement Agency must notify the person with authority to lodge objections in writing.

Article 27. Suspension of Enforcement

Enforcement shall be suspended in the following cases:

1. The person subject to enforcement is the subject of a court decision initiating bankruptcy proceedings. The head of the enforcement agency shall decide to suspend enforcement when the person subject to enforcement is the subject of a court decision initiating bankruptcy proceedings, except for the enforcement of monetary amounts specified in points a, b, and c of Clause 1, Article 51 of this Ordinance;

2. A party who has lodged an appeal against a judgment or decision through cassation or re-trial procedures may temporarily suspend the enforcement of that judgment or decision. The suspension period shall not exceed six months from the date of the decision to suspend enforcement. The head of the enforcement agency shall continue with enforcement upon receipt of a cassation or re-trial decision from the court or upon receiving a decision to withdraw the appeal from the competent authority.

In the event of receiving a decision to suspend enforcement from the competent authority lodging an appeal, if the judgment or decision has been partially or fully enforced, the head of the enforcement agency must notify the appealing party in writing.

Article 28. Termination of Enforcement

The head of the enforcement agency authorized to issue enforcement decisions has the right to issue a decision to terminate enforcement in the following cases:

1. The person subject to enforcement dies without leaving an estate or the enforcement obligation is not transferred to the heir as prescribed by law;

2. The person entitled to enforcement dies and their rights and interests under the judgment or decision are not transferred to the heir as prescribed by law;

3. The person entitled to enforcement has a written renunciation of the rights and interests they are entitled to under the judgment or decision, except where otherwise provided by law;

4. The person subject to enforcement is an agency or organization that has been dissolved and no longer has assets, and according to the law, the obligation cannot be transferred to another agency, organization, or individual;

5. The person subject to enforcement is declared bankrupt by the court. In this case, the rights and obligations of enforcement shall be carried out in accordance with the law on bankruptcy;

6. There is a decision to exempt from enforcement as stipulated in Article 32 of this Ordinance;

7. The judgment or decision is annulled by a court with jurisdiction;

8. The statute of limitations for requesting enforcement has expired.

Article 29. Return of Request for Enforcement

The head of the enforcement agency authorized to issue enforcement decisions has the right to return the request for enforcement and the judgment or decision to the person entitled to enforcement in the event of a decision to terminate enforcement or there is evidence that the person subject to enforcement does not have assets for enforcement. When the person subject to enforcement has the means to fulfill the obligation, the person entitled to enforcement may request enforcement of the judgment or decision within the time limit specified in Clause 1, Article 25 of this Ordinance, starting from the day the means become available.

Article 30. Conclusion of Enforcement

1. The head of the enforcement agency shall issue a decision to conclude enforcement when the person subject to enforcement, the person entitled to enforcement, and those with related rights and obligations have completed their rights and obligations as prescribed by the judgment or decision.

2. Enforcement shall automatically conclude upon issuance of a decision to suspend enforcement by the head of the enforcement agency authorized to do so.

Article 31. Transfer of Execution Rights and Obligations

When the person subject to execution, the person entitled to execution, or the person with related rights and obligations dies, or when a legal entity merges, consolidates, dissolves, splits, or separates, the execution rights and obligations shall be transferred in accordance with the provisions of the law.

The Government shall specify the procedures for execution in cases where execution rights and obligations are transferred.

Article 32. Exemption and Reduction of Execution for Court Fees and Fines

1. If the person subject to execution does not have assets, income, or other conditions to fulfill the execution, they may be considered for exemption or reduction of execution obligations after the expiration of the following periods:

a) Five years from the date of the execution decision for court fees without a fixed amount and fines in criminal cases involving drugs, except in cases where the person subject to execution is an organized crime offender, a repeat offender, or someone who has taken advantage of their position or power for significant illicit gains, in which case the period shall be determined according to point b of Clause 1 of this Article;

b) Ten years from the date of the execution decision for court fees with a fixed amount and other fines.

2. The enforcement agency shall prepare a file to request the competent court specified in Clause 3 of this Article to consider the exemption or reduction of execution. The file must include the application for exemption or reduction signed by the person subject to execution, confirmed by the People's Committee of the commune, ward, town where the person resides or the head of the agency or organization where the person works, and a verification report on the execution conditions of the person subject to execution prepared by the Enforcement Officer.

3. The court at the same level as the enforcement agency that requested the exemption or reduction of execution shall have the authority to decide on the exemption or reduction of execution for court fees and fines.

4. The objects, conditions for considering exemption or reduction of execution for court fees and fines, and the process of considering such exemptions or reductions shall be specified by the Government.

Article 33. Financial Support for Execution

In cases where an agency or organization subject to execution operates entirely on state budget funds and lacks the ability to execute, it may be considered for financial support from the state budget to ensure execution.

The handling of material liability for those causing damage shall be carried out in accordance with the provisions of the law.

The Government shall specify in detail the provision of financial support from the state budget for execution.

Article 34. Notification of Execution

1. Decisions, notices, and summonses regarding execution must be notified to the person entitled to execution, the person subject to execution, and persons with related rights and obligations.

The person notified has the obligation to receive the notification and is responsible for intentionally failing to receive the notification.

2. Notification shall be carried out through the following methods:

a) The Enforcement Officer or enforcement staff shall directly deliver the documents specified in Clause 1 of this Article to the person notified. In cases where direct delivery is difficult, the notification shall be made through registered mail via the postal service.

If the person notified is absent, the execution documents shall be delivered to the head of the agency where they work, a judicial officer of the commune, or a close relative with full civil capacity living in the same household to receive on their behalf. The substitute receiver must commit to promptly and timely delivering the notification to the person notified. The delivery and receipt of notifications must be confirmed by signatures.

b) In cases where the notification method specified in point a of this clause cannot be implemented, the original notice must be publicly posted at the office of the People's Committee of the commune, ward, town where the person notified resides, and at their specific place of residence if known.

Public posting must be documented with a record specifying the date, month, year of posting, the content of the notice, and the person conducting the posting, confirmed by local authorities.

c) In cases where the notification method specified in point a of this clause cannot be implemented or public posting specified in point b of this clause does not yield results, the notice must be published twice consecutively in newspapers, radio stations, or television stations of the central government or provincial-level city if the party is known to be residing in that locality.

When implementing notification through mass media, the newspaper or radio station must provide a confirmation document stating that the notification has been completed and send it to the enforcement agency for archiving in the execution file.

3. Those responsible for making the notification who fail to fulfill their responsibilities may be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the severity of the violation and its consequences, and must compensate for any damages caused.

4. Decisions on execution must be sent to the same-level Prosecution Office.

Article 35. Disposal of Seized Assets

Seized assets such as weapons, explosives, radioactive materials, military equipment, or cultural relics shall be transferred to state agencies responsible for managing such assets in accordance with the law.

For other seized assets, the Enforcement Officer shall transfer them to the financial agency for disposal in accordance with the law.

Article 36. Destruction of Evidence and Assets

1. The destruction of evidence and assets shall be carried out in the following cases:

a) When the evidence and assets must be destroyed according to the judgment or decision of the Court;

b) When the assets awarded back to the party by the judgment or decision are damaged and have no value, and the party does not accept them;

c) When the assets fall under the provisions of Clause 4, Article 54 of this Ordinance.

2. The head of the Enforcement Agency shall issue a decision to establish a Committee for the destruction of assets, including the Enforcement Officer as the Chairman, representatives from the financial agency at the same level as members, and representatives from specialized agencies participating in the Committee when deemed necessary. The Procuracy at the same level shall supervise the destruction of evidence and assets.

3. The budget for the destruction of evidence and assets according to the judgment or decision of the Court shall be provided by the state budget.

Chapter IV

ENFORCEMENT OF JUDGMENTS

Section 1

GENERAL PROVISIONS ON ENFORCEMENT OF JUDGMENTS

Article 37. Measures for Compulsory Enforcement of Judgments

The Enforcement Officer has the right to apply the following measures for compulsory enforcement of judgments:

1. Deduction from bank accounts, deduction from money, recovery of valuable papers of the person subject to enforcement;

2. Deduction from income of the person subject to enforcement;

3. Freezing of bank accounts and assets of the person subject to enforcement at banks, credit organizations, and state treasuries;

4. Attachment and disposal of assets of the person subject to enforcement, including assets of the person subject to enforcement currently held by third parties;

5. Compelling delivery of real estate, transfer of land use rights, or delivery of other objects and assets;

6. Prohibiting or compelling the person subject to enforcement not to perform or perform specific tasks.

Article 38. Costs of Compulsory Enforcement of Judgments

1. The person subject to enforcement shall bear the costs of compulsory enforcement of judgments. The head of the Enforcement Agency may consider exempting or reducing these costs.

2. The costs of compulsory enforcement of judgments can be temporarily advanced from the budget of the Enforcement Agency and shall be immediately repaid once the Enforcement Agency collects money from the person subject to enforcement.

The Government shall specify detailed regulations on the costs of compulsory enforcement of judgments and the procedures for exemption, reduction, temporary advance, and repayment of such advances.

Section 2

COMPULSORY ENFORCEMENT OF PAYMENT OBLIGATIONS

Article 39. Deduction from Bank Accounts, Money, and Recovery of Valuable Papers of the Person Subject to Enforcement

1. Upon discovering that the person subject to enforcement has money in their account at a bank, credit organization, or state treasury, the Enforcement Officer shall issue a decision to deduct funds for enforcement.

Banks, credit organizations, or state treasuries must provide information about the account of the person subject to enforcement and implement the Enforcement Officer's decision regarding the deduction from the account.

If there is evidence suggesting that the person subject to enforcement is attempting to dissipate funds in their account, the Enforcement Officer may issue a decision to freeze the account.

2. For sums of money or valuable papers held by third parties on behalf of the person subject to enforcement, the Enforcement Officer shall issue a decision to deduct money or recover valuable papers for enforcement. The person holding the money of the person subject to enforcement shall be responsible for implementing the Enforcement Officer's decision.

3. The decision of the Enforcement Officer regarding the deduction from bank accounts, money, and recovery of valuable papers of the person subject to enforcement must be sent to the person entitled to enforcement, the person subject to enforcement, and the agencies, organizations, or individuals holding the money or valuable papers of the person subject to enforcement.

Article 40. Deduction from the income of the person subject to enforcement

1. The income of the person subject to enforcement includes salary, pension, disability allowance, and other lawful incomes. The deduction from the income of the person subject to enforcement shall be carried out in the following cases:

a) Enforcement of maintenance payments, periodic enforcement, or when the amount to be enforced is not large;

b) A judgment or decision determining the measure of deduction from the income of the person subject to enforcement for enforcement purposes;

c) By agreement between the parties.

2. The highest rate of deduction from salary is thirty percent of the monthly salary. For other types of income, the deduction rate is based on the actual income of the person subject to enforcement, but must ensure the minimum living conditions for the person subject to enforcement and the persons whom the person subject to enforcement has the obligation to support or maintain according to the law.

3. The decision of the Enforcement Officer regarding the deduction from the income of the person subject to enforcement must be sent to the person entitled to enforcement, the person subject to enforcement, and the agency, organization, or individual managing the income of the person subject to enforcement.

The agency, organization, or individual managing the income of the person subject to enforcement shall carry out the deduction of the income of the person subject to enforcement. Within seven working days from the date of income deduction, such agencies, organizations, or individuals have the obligation to transfer the amount to the Enforcement Agency to pay to the person entitled to enforcement.

4. When there is a change in the place of payment of income or the level of income of the person subject to enforcement, the agency, organization, or individual implementing the decision on deduction from the income of that person must immediately inform the Enforcement Agency. Within seven working days from the date of identifying the new place of payment of income or the new level of income of the person subject to enforcement, the Enforcement Officer must issue a new decision on the deduction from the income of the person subject to enforcement.

Article 41. Seizure of Assets

1. The Enforcement Officer has the right to seize assets if there is evidence that such assets belong to the person subject to enforcement, including land use rights or assets currently held by a third party, except in the cases provided for in Article 42 of this Ordinance.

2. The person subject to enforcement has the right to propose which asset should be seized first. The Enforcement Officer must accept such proposal if it does not hinder the enforcement process.

If the person subject to enforcement does not propose which asset should be seized first, then the personal property of the person subject to enforcement will be seized first. In case there is no personal property or it is insufficient for enforcement, the Enforcement Officer may only seize part of the property of the person subject to enforcement within the jointly owned assets with others. Land use rights, houses, and offices of the person subject to enforcement can only be seized if all other assets have been seized and are still insufficient for enforcement.

3. Only assets of the person subject to enforcement sufficient to guarantee enforcement and cover enforcement costs may be seized. In cases where the person subject to enforcement only has a single large asset greater than the enforcement obligation and cannot be divided or division would significantly reduce its value, the Enforcement Officer still has the right to seize such asset to guarantee enforcement.

4. If the person subject to enforcement has no other assets, the Enforcement Officer has the right to seize the assets of that person that are pledged or mortgaged, if such assets have a value greater than the guaranteed obligation. The Enforcement Officer is responsible for informing the pledgee or mortgagee about the seizure.

5. When seizing assets, if there is a dispute, the Enforcement Officer shall continue the seizure and explain to the parties their right to initiate a civil lawsuit. After three months from the date of seizure, if no lawsuit is initiated, the seized asset will be processed for enforcement.

In cases where it is necessary to determine the ownership of the person subject to enforcement in jointly owned assets and the parties cannot agree, the person entitled to enforcement or the Enforcement Officer may request the Court to resolve the matter.

6. When seizing assets, there must be a representative of the commune, ward, town authority and a witness present. The person entitled to enforcement, the person subject to enforcement, and those with related rights and obligations are informed of the time and place of asset seizure. If the person subject to enforcement intentionally avoids being present, the Enforcement Officer may still proceed with the seizure of their assets, but must clearly record this in the seizure record.

7. For assets requiring registration of ownership or secured transaction registration, after seizure, the Enforcement Officer must notify the relevant registration authority of the ownership or secured transaction.

Article 42. Assets Not Subject to Seizure

1. The following assets shall not be subject to seizure:

a) Foodstuffs and essential medicines for the person subject to enforcement and their family;

b) Essential tools and common household items necessary for the person subject to enforcement and their family;

c) Common religious offerings.

2. The Government shall specify in detail the cases where assets of agencies and organizations shall not be seized, and the rights to use agricultural land, forestry land, aquaculture land, and salt-making land of individuals and households shall not be seized.

Article 43. Valuation of Seized Assets

1. Seized assets shall be valued through agreement between the person entitled to enforcement, the person subject to enforcement, and the co-owner in the case of joint asset seizure. The time limit for the parties to agree on the price is not more than five working days from the date of asset seizure.

2. In the event that the parties cannot agree on the price, within fifteen days from the date of asset seizure, the Enforcement Officer must establish a Valuation Board consisting of the Enforcement Officer as Chairman, representatives of financial agencies, and relevant specialized agencies as members. Within seven working days from the date of establishment, the Valuation Board must conduct the valuation; the person entitled to enforcement, the person subject to enforcement, and those with related rights and obligations may participate in the valuation process, but the decision-making authority belongs to the Valuation Board.

3. For seized assets valued at less than five hundred thousand dong or assets prone to rapid deterioration, if the parties cannot agree on the price, the Enforcement Officer shall be responsible for the valuation.

4. Asset valuation shall be based on market prices at the time of valuation. For assets under unified state pricing management, the valuation shall be based on the asset prices prescribed by the State.

5. The head of the Enforcement Agency shall organize a revaluation of the asset in the following cases:

a) There is evidence of violation of the valuation procedure;

b) There is significant price fluctuation;

c) More than six months have passed since the valuation date without the asset being sold.

6. The person entitled to enforcement, the person subject to enforcement, and those with related rights and obligations have the right to appeal the valuation before the sale of the asset.

Article 44. Delivery of Assets for Enforcement

1. In the case where the person entitled to enforcement and the person subject to enforcement agree that the person entitled to enforcement shall accept the seized asset to offset the amount due, the Enforcement Officer shall prepare a record and deliver the asset to the person entitled to enforcement within no more than five working days from the date of agreement.

2. In the case where there are multiple persons entitled to enforcement and only one asset available for enforcement, the person accepting the asset must repay the other persons entitled to enforcement the corresponding value proportionally.

Article 45. Preservation of Seized Assets

1. The Enforcement Officer shall choose one of the following methods to preserve seized assets:

a) Hand over to the person subject to enforcement, their relatives, or the current user for preservation;

b) Hand over to individuals or organizations with suitable conditions for preservation;

c) Preserve in the storage facility of the Enforcement Agency.

2. For assets such as gold, silver, precious metals, gemstones, and foreign currencies, preservation must comply with the regulations of the Government.

3. The Enforcement Officer must explain to the person entrusted with preserving the seized asset about their responsibility in preserving the asset.

The person entrusted with preserving the asset shall be reimbursed for actual and reasonable expenses incurred in preserving the asset, except for those specified in point a Clause 1 of this Article.

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

4. If the person entrusted with preserving the asset causes damage, misappropriation, loss, or destruction of the asset, they shall be liable for compensation and, depending on the nature and degree of violation, may be subject to administrative penalties or criminal prosecution according to the provisions of the law.

Article 46. Record of Seizure and Transfer for Safekeeping of Assets

When conducting a seizure, the Enforcement Officer must prepare a record specifying the time, date, month, and year of the seizure; the names of the Enforcement Officer, parties involved, witnesses to the seizure; descriptions of the condition of each asset, the value of the asset (if the asset has been appraised), and any requests from the parties involved or opinions from the witnesses to the seizure.

When transferring assets for safekeeping, the Enforcement Officer must prepare a record specifying the time, date, month, and year of the transfer for safekeeping; the names of the Enforcement Officer, parties involved, person receiving the assets for safekeeping, and witnesses to the transfer; the rights and obligations of the person receiving the assets for safekeeping.

The Enforcement Officer, parties involved, participants, witnesses to the seizure, and the person receiving the assets for safekeeping must sign the record. In cases where someone is absent or present but refuses to sign the record, this fact must be noted in the record along with the reason.

The record is provided to the parties involved., The person receiving the assets for safekeeping and the Enforcement Officer each retain a copy.

Article 47. Sale of Seized Assets

Seized assets for enforcement shall be sold according to the following methods:

1. For seized immovable property, including land use rights or movable property valued at ten million dong or more, within ten working days from the date of appraisal, the Enforcement Agency must proceed to sign a power of attorney contract with an organization to auction the assets.

2. For movable property with a total value between five hundred thousand dong and less than ten million dong, the Enforcement Agency organizes an auction within thirty days from the date of appraisal.

For movable property with a total value under five hundred thousand dong or perishable assets, the Enforcement Officer organizes a sale within five working days from the date of seizure.

3. One day before the auction, the person subject to enforcement may reclaim the asset if they pay the full enforcement amount and settle actual expenses incurred from enforcement and auction organization.

The person subject to enforcement is responsible for compensating reasonable actual costs to the buyer. The cost level is agreed upon by the parties; if agreement cannot be reached, the matter is referred to the Court for resolution.

4. The auction procedures are carried out in accordance with the regulations of the Government.

Article 48. Disposal of Unsold Seized Assets

In cases where seized assets are unsold, within ten working days from the date of unsuccessful auction, the Enforcement Agency must re-appraise the assets in a downward direction to continue the auction. Each reduction does not exceed ten percent of the previously set price.

If the asset remains unsold after two reductions, the person entitled to enforcement may accept the asset at the reduced price to enforce the judgment. If the person entitled to enforcement does not accept it, the Enforcement Officer returns the asset to the person subject to enforcement and applies other coercive measures.

Article 49. Transfer of Ownership Rights to Assets, Transfer of Land Use Rights

1. The person purchasing enforcement assets, or the person accepting assets for enforcement, is recognized and protected by law in their ownership rights over the asset.

2. The competent state agency is responsible for implementing the procedures to transfer ownership rights to the purchaser or the person accepting assets for enforcement in accordance with the law.

3. The file for transferring ownership rights includes:

a) A copy of the judgment or decision;

b) The enforcement decision or decision on asset seizure;

c) The successful auction document or record of asset handover for enforcement;

d) Other relevant documents related to the asset (if any).

4. The transfer of land use rights to the purchaser or the person accepting assets for enforcement is also carried out in accordance with the provisions of this Article.

Article 50. Release of Seizure and Attachment of Property

1. The enforcement officer shall issue a decision to release the seizure and attachment of property and return such property to the person subject to execution within no more than five working days from the date of having one of the following grounds:

a) The person subject to execution has paid the full amount of the execution money;

b) There is a decision by the competent authority to revoke the decision on the attachment of property;

c) There is a decision to suspend the execution of the judgment as provided for in Article 28 of this Ordinance;

d) Other cases as prescribed by law.

2. For the remaining part of the attached property after the execution of the judgment and the settlement of all execution costs, the enforcement officer shall immediately issue a decision to release the seizure and attachment of property and return it to the person subject to execution.

Article 51. Order of Payment of Execution Money

1. After deducting the execution costs, the execution money, within no more than ten working days from the date of receipt, shall be paid in the following order:

a) Maintenance payments;

b) Wages, labor remuneration, severance pay, unemployment benefits, social insurance;

c) Compensation for damage to life and health;

d) Court fees and court registration fees;

đ) Fines, confiscation money, tax arrears, unlawful gains arrears;

e) Other amounts payable;

g) Any remaining amount shall be paid to the person subject to execution.

2. The order of payment of execution money for the execution of the bankruptcy declaration decision shall be carried out in accordance with the provisions of the law on bankruptcy.

3. The order of payment of execution money prescribed in this Article does not apply to the priority payment order prescribed in Article 52 of this Ordinance.

Article 52. Priority Payment of Proceeds from Sale of Collateralized, Pledged Property, or Property Seized to Secure Execution

The proceeds from the sale of collateralized, pledged property or the sale of property that was seized by the judgment to secure execution shall be prioritized for payment of the secured obligation after deducting the execution costs.

Section 3

 ENFORCEMENT OF THE OBLIGATION TO DELIVER GOODS OR TRANSFER HOUSES AND LAND USE RIGHTS

OR TRANSFER LAND USE RIGHTS

Article 53. Enforcement of the Obligation to Deliver Goods

In cases where the person subject to execution has the obligation to deliver goods to the person entitled to execution, the enforcement officer shall issue a decision compelling that person to deliver the goods to the person entitled to execution.

If the goods to be delivered are no longer available, the enforcement officer shall guide the parties to negotiate the payment of the value of the goods. In case the parties cannot reach an agreement, the enforcement officer shall compel the person subject to execution to pay the person entitled to execution an amount corresponding to the value of the goods at the time of execution. If the goods have a high value or are difficult to determine their price, a valuation committee must be established.

Article 54. Enforcement of the Obligation to Deliver Houses or Transfer Land Use Rights

1. In cases where the person subject to execution has the obligation to return a house to the person entitled to execution, the enforcement officer shall issue a decision compelling the person subject to execution and other persons present in the house to leave the house, while requiring them to remove their belongings from the house themselves. If they do not comply voluntarily, the enforcement officer shall request the coercive force to remove them and their belongings from the house.

In cases where they refuse to accept their belongings, the enforcement officer must prepare a record detailing the quantity, type, and condition of each type of item and hand over the items to an organization or individual capable of storing them or store them in the storage facility of the execution agency and notify the location and time for the owner to reclaim the items.

2. In cases where the person subject to execution deliberately avoids presence despite being notified of the coercive decision, the enforcement officer shall still decide to implement the coercive measures stipulated in Clause 1 of this Article.

3. After six months from the date of receiving the notification as prescribed in Clause 1 of this Article, if the owner of the items does not come to claim them except for valid reasons, the items will be sold according to the provisions of Article 47 of this Ordinance. The proceeds from the sale, after deducting the costs for transportation, storage, and disposal of the items, shall be deposited in a non-term deposit account at a bank and notified to the owner of the items to claim the amount.

4. For damaged items that are no longer valuable, the enforcement officer shall organize their destruction according to the provisions of Point c Clause 1 of Article 36 of this Ordinance. The enforcement officer must prepare a record detailing the condition of the items before destruction.

5. The provisions of this Article also apply in cases of enforcement to deliver houses to buyers of auctioned houses or to receive houses to offset execution money.

6. The enforcement of the obligation to transfer land use rights shall be regulated by the Government.

Section 4

ENFORCEMENT OF THE OBLIGATION TO PERFORM OR REFRAIN FROM PERFORMING A SPECIFIED ACT

 OR TO PERFORM A SPECIFIED ACT

Article 55. Enforcement of the obligation to perform a specific task as prescribed by the judgment or decision of the Court This Circular takes effect from August 1, 2022./.

In cases where the person subject to enforcement does not carry out the work that must be performed according to the judgment or decision of the court and such work can be assigned to another person, the Enforcement Officer shall assign it to someone who has the capacity to perform it. The costs shall be borne by the person subject to enforcement.

If the work that must be performed according to the judgment or decision of the court must be carried out by the person subject to enforcement themselves, the Enforcement Officer shall handle it in accordance with the provisions of Article 56 of this Ordinance.

Article 56. Enforcement of the obligation not to perform a specific task as prescribed by the judgment or decision of the Court

In cases where the person subject to enforcement does not voluntarily cease performing the work that they are prohibited from doing according to the judgment or decision of the court, the Enforcement Officer shall issue an administrative penalty decision in accordance with the law and set a deadline of five working days from the date the party receives the administrative penalty decision to comply. If they still fail to stop performing the prohibited work, the Enforcement Officer shall propose criminal responsibility.

Chapter V

STATE MANAGEMENT OF CIVIL ENFORCEMENT

Article 57. State management of civil enforcement

1. The Government shall uniformly manage state affairs on civil enforcement throughout the country.

The Ministry of Justice assists the Government in managing state affairs on civil enforcement. Within its scope of responsibility, the Ministry of Justice shall have the following duties and powers:

a) Issuing or submitting to competent authorities for issuance legal normative documents on civil enforcement;

b) Managing Civil Enforcement Agencies; deciding on the establishment, dissolution of Civil Enforcement Agencies; appointing, dismissing, and removing Enforcement Officers; implementing systems and policies for Enforcement Officers and civil servants engaged in civil enforcement work;

c) Directing, guiding, inspecting, supervising, and handling violations in civil enforcement work; resolving complaints and reports regarding civil enforcement;

d) Implementing reward and disciplinary systems for Enforcement Officers and civil servants engaged in civil enforcement work;

e) Training and enhancing professional skills for Enforcement Officers and civil servants engaged in civil enforcement work;

f) Managing material and technical infrastructure, funds, and necessary means for civil enforcement work;

g) International cooperation in civil enforcement.

2. The Ministry of National Defense shall cooperate with the Ministry of Justice to assist the Government in managing state affairs on civil enforcement within the military in accordance with the Government's regulations.

Article 58. Responsibilities of Provincial People's Committees, Municipal People's Committees under the Central Government, Districts, Urban Districts, Towns, and Cities under Provinces for managing civil enforcement at the local level 1. Provincial People's Committees, Municipal People's Committees under the Central Government shall have the following duties and powers:

a) Directing civil enforcement work, requiring Civil Enforcement Agencies to report on civil enforcement work at the local level;

b) Directing the organization of enforcement for major and complex cases affecting local security and political situations;

c) Directing lower-level People's Committees, Civil Enforcement Agencies, and relevant specialized agencies to coordinate with related mass organizations in civil enforcement work;

d) Requiring Civil Enforcement Agencies to organize inspections and audits; directing relevant agencies to coordinate in inspecting and auditing civil enforcement work at the local level;

e) Appointing the Chairman or Vice-Chairman of the Provincial People's Committee or Municipal People's Committee under the Central Government as the Chairman of the Selection Board for Enforcement Officers of the Civil Enforcement Agency at the local level;

f) Providing written opinions on the appointment, dismissal, and removal of Heads and Deputy Heads of Civil Enforcement Agencies at the provincial level;

g) Deciding on rewards or proposing competent authorities to reward collectives and individuals with outstanding achievements in civil enforcement work.

2. District People's Committees, Urban District People's Committees, City People's Committees under Provinces shall have the following duties and powers:

a) Implementing the duties and powers stipulated in points a, b, c, and d of Clause 1 of this Article;

b) Providing written opinions on the appointment, dismissal, and removal of Heads and Deputy Heads of Civil Enforcement Agencies at the district level;

c) Deciding on rewards or proposing competent authorities to reward collectives and individuals with outstanding achievements in civil enforcement work;

d) Directing Commune People's Committees, Ward People's Committees, and Town People's Committees to support Civil Enforcement Agencies in enforcement work.

3. Local judicial organs shall assist their respective People's Committees and higher-level judicial organs in managing state affairs on civil enforcement.

COMPLAINTS, REPORTS, AND OBJECTIONS TO ENFORCEMENT

Chapter VI

COMPLAINTS AND REPORTS ON ENFORCEMENT

Section 1

APPEAL, PROSECUTION REGARDING JUDGMENT ENFORCEMENT

Article 59. Right to appeal against enforcement proceedings

The person subject to enforcement, the person required to comply with enforcement, and the person having rights or obligations related to enforcement proceedings have the right to appeal against decisions or actions of the Head of the Enforcement Agency, Enforcement Officer, if there is evidence that such decisions or actions are contrary to the law and infringe upon their lawful rights and interests.

The time limit for filing an appeal is ninety days from the date of receipt of the decision or knowledge of the unlawful action of the Head of the Enforcement Agency or Enforcement Officer.

In cases where the appellant is prevented from exercising their right to appeal within the prescribed time limit due to objective obstacles or force majeure events, the period during which such obstacles or events occur shall not be counted towards the appeal time limit.

Article 60. Competence and Time Limit for Resolving Appeals Against Enforcement Proceedings

1. For appeals against decisions or unlawful actions of Enforcement Officers at the district-level Enforcement Agency, the Head of the district-level Enforcement Agency where the appeal is lodged shall resolve and respond to the appellant within fifteen days from the date of receipt of the appeal.

Within fifteen days from the date of receipt of the decision on the appeal, if the appellant disagrees with the content of the resolution, they may appeal to the Head of the provincial-level Enforcement Agency. The Head of the provincial-level Enforcement Agency must resolve the appeal within thirty days from the date of receipt of the appeal. In complex cases, the time limit for resolving the appeal by the Head of the provincial-level Enforcement Agency shall not exceed forty-five days from the date of receipt of the appeal. The decision on resolving the appeal by the Head of the provincial-level Enforcement Agency shall take effect.

2. For appeals against decisions or unlawful actions of Enforcement Officers at the provincial-level Enforcement Agency, the Head of the provincial-level Enforcement Agency where the appeal is lodged shall resolve and respond to the appellant within fifteen days from the date of receipt of the appeal.

Within fifteen days from the date of receipt of the decision on the appeal, if the appellant disagrees with the content of the resolution, they may appeal to the Head of the Civil Enforcement Management Agency under the Ministry of Justice. The Head of the Civil Enforcement Management Agency under the Ministry of Justice must resolve the appeal within thirty days from the date of receipt of the appeal. In complex cases, the time limit for resolving the appeal by the Head of the Civil Enforcement Management Agency under the Ministry of Justice shall not exceed sixty days from the date of receipt of the appeal. The decision on resolving the appeal by the Head of the Civil Enforcement Management Agency under the Ministry of Justice shall take effect.

3. For appeals against decisions or unlawful actions of the Head of the district-level Enforcement Agency, the Head of the provincial-level Civil Enforcement Agency where the appeal is lodged shall resolve and respond to the appellant within fifteen days from the date of receipt of the appeal.

Within fifteen days from the date of receipt of the decision on the appeal, if the appellant disagrees with the content of the resolution, they may appeal to the Head of the Civil Enforcement Management Agency under the Ministry of Justice. The Head of the Civil Enforcement Management Agency under the Ministry of Justice must resolve the appeal within thirty days from the date of receipt of the appeal. In complex cases, the time limit for resolving the appeal by the Head of the Civil Enforcement Management Agency under the Ministry of Justice shall not exceed forty-five days from the date of receipt of the appeal. The decision on resolving the appeal by the Head of the Civil Enforcement Management Agency under the Ministry of Justice shall take effect.

4. For appeals against decisions or unlawful actions of the Head of the provincial-level Enforcement Agency, the Head of the Enforcement Management Agency under the Ministry of Justice shall resolve and respond to the appellant within fifteen days from the date of receipt of the appeal.

Within fifteen days from the date of receipt of the decision on the appeal, if the appellant disagrees with the content of the resolution, they may appeal to the Minister of Justice. The Minister of Justice must resolve the appeal within thirty days from the date of receipt of the appeal. In complex cases, the time limit for resolving the appeal by the Minister of Justice shall not exceed sixty days from the date of receipt of the appeal. The decision on resolving the appeal by the Minister of Justice is the final decision.

5. Where necessary, the Minister of Justice has the authority to review the decisions on resolving appeals made by the Heads of the provincial-level Enforcement Agencies and the Heads of the Civil Enforcement Management Agencies under the Ministry of Justice as stipulated in Clauses 1, 2, and 3 of this Article.

The authority responsible for resolving appeals has the right to request the Enforcement Agency to temporarily suspend enforcement proceedings during the period of resolving the appeal, if it deems that the enforcement proceedings affect the lawful rights and interests of the parties involved or impact the resolution of the appeal.

Article 61. Competence and Time Limit for Resolving Complaints Regarding Enforcement of Military Court Orders

1. In cases where complaints are made against decisions or unlawful acts of Enforcement Officers of the Enforcement Agency at the Military Zone level, the Head of the Enforcement Agency at the Military Zone level where the complaint is lodged shall resolve the complaint and respond to the complainant within thirty days from the date of receipt of the complaint.

Within fifteen days from the date of receipt of the decision resolving the complaint, if the complainant disagrees with the content of the resolution, they have the right to lodge a complaint with the Head of the Management Enforcement Agency under the Ministry of National Defense. The Head of the Management Enforcement Agency under the Ministry of National Defense shall resolve the complaint within thirty days from the date of receipt of the complaint. In complex cases, the time limit for resolving the complaint by the Head of the Management Enforcement Agency under the Ministry of National Defense shall not exceed sixty days from the date of receipt of the complaint. The decision resolving the complaint by the Head of the Management Enforcement Agency under the Ministry of National Defense shall take effect.

2. In cases where complaints are made against decisions or unlawful acts of the Head of the Enforcement Agency at the Military Zone level, the Head of the Management Enforcement Agency under the Ministry of National Defense shall resolve the complaint and respond to the complainant within fifteen days from the date of receipt of the complaint.

Within fifteen days from the date of receipt of the decision resolving the complaint, if the complainant disagrees with the content of the resolution, they have the right to lodge a complaint with the Minister of National Defense. The Minister of National Defense must resolve the complaint within thirty days from the date of receipt of the complaint. In complex cases, the time limit for resolving the complaint by the Minister of National Defense shall not exceed sixty days from the date of receipt of the complaint. The decision resolving the complaint by the Minister of National Defense is the final decision.

3. Where necessary, the Minister of National Defense has the authority to review the decision resolving the complaint of the Head of the Management Enforcement Agency under the Ministry of National Defense as stipulated in Clause 1 of this Article.

The competent authority resolving the complaint may request the Enforcement Agency to temporarily suspend the enforcement of the court order during the period of resolving the complaint, if it deems that the enforcement of the court order will affect the legitimate rights and interests of the parties involved or affect the resolution of the complaint.

Article 62. Decision Resolving Complaints

1. The competent authority resolving complaints must issue a decision resolving complaints in writing and must send this decision to the complainant, the person complained against, and those with related rights and obligations within the time limits specified in Articles 60 and 61 of this Ordinance.

2. The decision resolving complaints must include the following main contents:

a) Date of issuance of the decision;

b) Name and address of the complainant and the person complained against;

c) Whether the complaint is correct, partially incorrect, or entirely incorrect;

d) Maintaining, partially amending, or wholly revoking the decision on enforcement of the court order of the Head of the Enforcement Agency or the Enforcement Officer.

Article 63. Reporting and Resolving Reports on Violations of Law in Enforcement of Court Orders

Reporting and resolving reports on violations of law by the Head of the Enforcement Agency or the Enforcement Officer shall be carried out in accordance with the provisions of the law on complaints and reports.

Section 2

OBJECTION TO THE DECISION ON ENFORCEMENT OF COURT ORDERS

Article 64. Authority to Protest Decisions on Enforcement

The People's Procuracy shall exercise the right to protest decisions made by the Head of the Enforcement Agency, Enforcement Officer of the same level and subordinate levels in accordance with the Law on the Organization of the People's Procuracy.

The time limit for protesting is fifteen days for the People's Procuracy at the same level and thirty days for the superior People's Procuracy, counted from the date of receipt of the decision on enforcement.

Article 65. Response to Protests by the People's Procuracy

1. The Head of the Enforcement Agency shall be responsible for responding to protests by the People's Procuracy regarding their own decisions on enforcement or those of Enforcement Officers under their agency within fifteen days from the date of receipt of the protest.

2. In cases where the Head of the County-level Enforcement Agency does not agree with the protest of the People's Procuracy, they must report to the Head of the Provincial-level Enforcement Agency and the Chief Prosecutor of the superior People's Procuracy. The Head of the Provincial-level Enforcement Agency must examine and respond within fifteen days from the date of receipt of the report. The response document of the Head of the Provincial-level Enforcement Agency shall be enforceable.

3. In cases where the Head of the Provincial-level Enforcement Agency does not agree with the protest of the People's Procuracy, they must report to the Head of the Enforcement Management Agency under the Ministry of Justice and the Supreme People's Procuracy. The Head of the Enforcement Management Agency under the Ministry of Justice must examine and respond within thirty days from the date of receipt of the report. The response document of the Head of the Enforcement Management Agency under the Ministry of Justice shall be enforceable.

4. In cases where the Head of the Military Region-level Enforcement Agency does not agree with the protest of the People's Procuracy, they must report to the Head of the Enforcement Management Agency under the Ministry of National Defense and the Central Military Procuracy. The Head of the Enforcement Management Agency under the Ministry of National Defense must examine and respond within thirty days from the date of receipt of the report. The response document of the Head of the Enforcement Management Agency under the Ministry of National Defense shall be enforceable.

Chapter VII

REWARD AND VIOLATION HANDLING

Article 66. Awards

Organizations and individuals who have achievements in civil enforcement shall be awarded according to the provisions of the law.

Article 67. Handling Violations

1. A person subject to enforcement who intentionally fails to comply with the judgment or decision, or refuses to voluntarily execute decisions on enforcement, shall be administratively punished or criminally prosecuted depending on the nature and degree of violation as provided by law.

2. Agencies and organizations specified in Articles 39 and 40 of this Ordinance that fail to comply with the requirements of the Enforcement Officer shall be administratively punished, and if damage is caused, they must compensate; if it is an individual, they may also be disciplined, administratively punished, or criminally prosecuted, and if damage is caused, they must compensate.

3. Any person who takes advantage of their position or authority to intentionally obstruct enforcement, coerce the Enforcement Officer to enforce unlawfully, destroy seals, consume, transfer, swap, hide, or destroy seized property shall be disciplined or criminally prosecuted depending on the nature and degree of violation; if damage is caused, they must compensate.

4. The Head of the Enforcement Agency who intentionally fails to issue an enforcement decision or issues unlawful enforcement decisions; Enforcement Officers who fail to properly enforce judgments or decisions of the Court, delay enforcement, apply unlawful coercive measures for enforcement, or violate the Enforcement Officer regulations shall be disciplined or criminally prosecuted; if damage is caused, they must compensate.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 68. Effective Date of Implementation

This Ordinance takes effect from July 1, 2004.

This Ordinance replaces the Civil Enforcement Ordinance dated April 21, 1993.

Article 69. Execution of Judgments with Foreign Elements

The provisions of this Ordinance shall also apply to the execution of judgments involving foreign organizations or individuals in Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 70. Guidance on Implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall guide the implementation of this Ordinance within their respective duties and authorities./.