Consolidated Document number 1357/VBHN-BTP detailing and guiding the implementation of certain provisions of the Civil Enforcement Law

MINISTRY OF JUSTICE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 1357/VBHN-BTP	Hanoi, April 14, 2020

 

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN ARTICLES OF THE CIVIL EXECUTION LAW

Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain articles of the Civil Execution Law, which took effect from September 1, 2015, has been amended and supplemented by:

1. Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain articles of the Law on Fees and Charges, effective from January 1, 2017;

2. Decree No. 33/2020/NĐ-CP dated March 17, 2020 of the Government amending and supplementing certain articles of Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain articles of the Civil Execution Law, effective from May 1, 2020.

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

Pursuant to the Civil Enforcement Act No. 26/2008/QH12 dated November 14, 2008, amended and supplemented by some articles pursuant to Law No. 64/2014/QH13 dated November 25, 2014;

At the proposal of the Minister of Justice,

The Government promulgates this Decree to detail and guide the implementation of certain articles of the Civil Execution Law:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details and guides the implementation of certain articles of the Civil Execution Law No. 26/2008/QH12 and the Law Amending and Supplementing Certain Articles of the Civil Execution Law No. 64/2014/QH13 regarding civil execution procedures; the system of civil execution management agencies and civil execution agencies; primary enforcement officers, intermediate enforcement officers, senior enforcement officers (hereinafter collectively referred to as enforcement officers); civil execution review officers, chief civil execution review officers, senior civil execution review officers (hereinafter collectively referred to as review officers); civil execution secretaries, intermediate civil execution secretaries (hereinafter collectively referred to as civil execution secretaries); heads, deputy heads of civil execution agencies; the recruitment, selection, appointment of enforcement officers; identification cards, support tools, uniforms, insignia, badges, and treatment for enforcement officers, review officers, civil execution secretaries, and personnel engaged in civil execution work.

Article 2. Applicability

This Decree applies to civil execution management agencies, civil execution agencies, personnel engaged in civil execution work, and other agencies, organizations, and individuals related to civil execution work.

Article 3. Responsibilities of People's Committees and Relevant Agencies and Organizations in Civil Execution

1. Within the scope of their authority prescribed by law, People's Committees at all levels, Commanders of Military Regions and equivalents shall be responsible for coordinating and creating conditions for civil execution agencies in their respective areas to enforce policies and laws on civil execution; directing relevant functional agencies to coordinate with civil execution agencies to effectively manage civil execution activities in their respective areas.

2. In cases where necessary, upon the proposal of the Minister of Justice, the Prime Minister may establish a Civil Execution Directive Board to direct major, complex civil executions that affect national security, political stability, social order and safety, or involve multiple levels, sectors, and localities; upon the proposal of the head of the civil execution agency at the same level, the People's Committee of a province or centrally governed city, the People's Committee of a district, town, or provincial city may establish a Civil Execution Directive Board to advise the Chairman of the People's Committee at the same level to direct the organization of coordination among relevant agencies in civil execution activities in their respective areas; promptly resolve any difficulties arising from coordination; direct the organization of forced execution of major, complex civil cases affecting national security, political stability, social order and safety in their locality.

The Ministry of Justice shall take the lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of Finance, and the Vietnam Fatherland Front Central Committee to guide the operation of the Civil Execution Directive Board.

3.2 After the expiration of one year from the date when the judgment or decision becomes legally binding, if the agency, organization, enterprise entitled to execute the judgment against state-owned money or property does not request execution, the directly managing agency or organization; the representative body of the owner of such agency, organization, or enterprise shall be responsible for directing the request for execution.

Chapter II

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

Article 4. Statute of Limitations for Enforcement Requests

1. The party has the right to request enforcement within the statute of limitations for enforcement requests as stipulated in Clause 1 of Article 30 of the Civil Enforcement Law.

2. In cases where the statute of limitations prescribed in Clause 1 of Article 30 of the Civil Enforcement Law cannot be met due to force majeure events or objective obstacles, the party may request the head of the competent civil enforcement agency to consider and decide on accepting or not accepting late enforcement requests.

3. Force majeure events or objective obstacles include the following situations:

a) Force majeure events are natural disasters, fires, enemy attacks;

b) Objective obstacles are situations where the party does not receive the judgment or decision without fault on their part; the party is on official duty in border areas or islands and cannot request enforcement within the time limit; accidents or serious illness to the extent of losing mental capacity or death of the party without identifying the heir; organizations merging, consolidating, splitting, dissolving, changing form, compulsory transfer, transferring all shares or capital contributions without identifying the new organization or individual with the right to request enforcement according to the provisions of the law or due to the fault of the court, enforcement agency or other agencies or individuals leading to the party being unable to request enforcement within the time limit.

4. Late enforcement requests shall be carried out in accordance with the provisions of Clauses 1, 2, and 3 of Article 31 of the Civil Enforcement Law, clearly stating the reasons and attaching evidence proving the inability to request enforcement within the time limit. Evidence includes:

a) For cases where force majeure events occur or the party dies without identifying the heir or due to objective obstacles occurring at the locality preventing timely enforcement requests, there must be confirmation from the People's Committee of the commune where the person last resided or where the force majeure event occurred, except for the cases specified in points b, c, d, đ, and e of this clause;

b) For cases where accidents or serious illness to the extent of losing mental capacity prevent timely enforcement requests, there must be a summary of the medical record confirmed by a medical facility at the district level or higher and attached documents, if any;

c) For cases where official duties prevent timely enforcement requests, there must be confirmation from the head of the agency or unit or a dispatch letter from that agency or unit;

d) For cases where the fault of the court or enforcement agency prevents timely enforcement requests, there must be confirmation from the agency issuing the judgment or decision and the competent enforcement agency;

đ) For cases of mergers, consolidations, splits, dissolutions, changes in form, compulsory transfers, or full share or capital contribution transfers, there must be a legal document proving the period during which the new entity or individual with the right to request enforcement was not identified;

e) For other force majeure events or objective obstacles preventing timely enforcement requests, there must be confirmation from the competent authority or other legal documents to prove such events.

The confirmation from authorized organizations or individuals must clearly state the location, content, and time of occurrence of the force majeure event or objective obstacle leading to the party's inability to request enforcement within the time limit.

5. For cases where the enforcement request was withdrawn before July 1, 2015, and the party requests enforcement again, the civil enforcement agency that issued the withdrawal decision must issue an enforcement decision and organize the enforcement process. The enforcement request shall be carried out in accordance with Article 31 of the Civil Enforcement Law and must be accompanied by relevant documents, the decision withdrawing the enforcement request, if applicable.

If the decision withdrawing the enforcement request is no longer available, the person entitled to enforcement may request the civil enforcement agency that issued the withdrawal decision to confirm the withdrawal and accept the enforcement case for resolution.

6. In cases where the convict who is subject to enforcement, their relatives, or those authorized by them voluntarily pay money or assets for enforcement after the statute of limitations for enforcement requests has expired, the civil enforcement agency will not issue a decision to restore the statute of limitations for enforcement requests. In this case, the civil enforcement agency will only issue an enforcement decision corresponding to the amount of money or assets voluntarily paid, while recording the reason, amount, and assets paid by the convict, the authorized person, or their relatives, and notify the person entitled to enforcement to collect.

After one year from the date of receiving a valid notification, if the person entitled to enforcement does not come to collect the money or assets, the civil enforcement agency will proceed to deposit them into the state treasury, after deducting the money or assets they must enforce according to another enforcement decision, if applicable.

Article 5. Agreement on Enforcement

1. In cases where the parties agree before making an enforcement request or have made such a request but the civil enforcement agency has not yet issued an enforcement decision, such agreement must be documented in writing, specifying the time, place, and content of the agreement, with signatures or fingerprints from all participating parties. The parties are obligated to implement the agreed content themselves.

If the obligor fails to fulfill the agreed obligation while the statute of limitations for requesting enforcement remains valid, the obligee may request enforcement against the unfulfilled portion of the obligation according to the judgment or decision.

2.5 In cases where the civil enforcement agency has issued an enforcement decision, the parties still have the right to reach an agreement on enforcement. Such agreement must be in writing, clearly stating the time, place, content, deadline for implementation, legal consequences for non-compliance or partial compliance with the agreed content, with signatures or fingerprints from all participating parties. The parties must bear responsibility for the content of the agreement which does not violate prohibitions under the law, contravene social morals, misrepresent facts, affect the rights and legitimate interests of third parties, or aim to evade enforcement fees.

In cases where the parties do not voluntarily comply with the agreed content, the civil enforcement agency will base its enforcement actions on the content of the enforcement decision and the results of enforcement according to the agreement, upon the request of the parties, except for cases stipulated in Clause 3 of this Article.

3.6 In cases where the civil enforcement agency is organizing enforcement and the parties agree not to request the civil enforcement agency to continue enforcing part or all of the enforcement decision, the head of the civil enforcement agency shall issue a decision to suspend enforcement regarding that agreement in accordance with point c, Clause 1, Article 50 of the Civil Enforcement Law.

In cases where the parties agree to suspend enforcement after the auction sale of assets has been completed or the asset has been sold to a co-owner or the person subject to enforcement has agreed to accept the asset to offset the enforcement amount but the asset has not yet been delivered, the agreement must be approved by the successful bidder, the buyer of the asset, or the person accepting the asset.

After the issuance of the suspension decision by the head of the civil enforcement agency, the parties do not have the right to request resumption of enforcement regarding the suspended content.

4.7 Upon request by the parties, the Enforcement Officer is responsible for witnessing and signing the agreement document in cases stipulated in Clauses 2 and 3 of this Article. Witnessing the agreement must take place at the premises of the civil enforcement agency. If the agreement is found to violate prohibitions under the law, contravene social morals, misrepresent facts, affect the rights and legitimate interests of third parties, or aim to evade enforcement fees, the Enforcement Officer will refuse to witness the agreement but must state the reasons for refusal in the agreement record.

Article 6. Initiative to Issue an Enforcement Decision

1.8 The head of the civil enforcement agency issues a single enforcement decision for all items within the scope of proactive enforcement in a judgment or decision, except for the following cases:

a) Where there is a party entitled to repayment of money or property, a separate enforcement decision shall be issued for that party.

b) Where a party is required to fulfill multiple different obligations, a single enforcement decision shall be issued for that party.

c) Where a party both has rights and obligations, a single enforcement decision shall be issued for that party.

2. In cases involving joint liability, the head of the civil enforcement agency shall issue a single enforcement decision for all parties with joint rights and obligations.

3.9 Other revenue items for the State within the scope of proactive enforcement decisions by the enforcement agency as stipulated in point c, Clause 2, Article 36 of the Civil Enforcement Law include: tax arrears recovery amounts; grants to the State; compensation to the State, state agencies, or enterprises wholly owned by the State in economic management order violation and corruption cases; direct payments into the State budget.

Article 7. Issuing enforcement decisions upon request

1.10 The head of the civil enforcement agency shall issue one enforcement decision for each enforcement request. In cases where the judgment or decision requires one person to enforce the judgment or decision for multiple persons and all parties make their enforcement requests at the same time, the head of the civil enforcement agency shall issue a single joint enforcement decision for multiple requests.

In cases where multiple people are entitled to receive a specific asset or share a sum of money according to the judgment or decision, but only one or some of them have made enforcement requests, the head of the civil enforcement agency shall issue an enforcement decision in accordance with the content of the judgment or decision.

2. If, after deducting the period during which an unforeseeable event or objective obstacle occurred, the statute of limitations for making an enforcement request still remains, the head of the civil enforcement agency shall issue an enforcement decision upon the enforcement request. If the statute of limitations for making an enforcement request has expired, the civil enforcement agency shall refuse to accept the enforcement request in accordance with point c, Clause 5, Article 31 of the Civil Enforcement Law, except in cases provided for in Clause 6, Article 4 of this Decree.

3. The issuance of enforcement decisions concerning joint obligations shall be carried out in accordance with the provisions of Clause 2, Article 6 of this Decree.

4.11 The civil enforcement agency shall refuse enforcement requests concerning judgments or decisions that do not give rise to rights or obligations of the parties as stipulated in point a, Clause 5, Article 31 of the Civil Enforcement Law, in cases where the judgment or decision does not clearly specify the amount to be enforced or does not clearly identify the person subject to enforcement, except in the following cases:

a) Transferring ownership, use, and management rights over property when, at the time of the enforcement request, the person subject to enforcement does not directly manage or use the property;

b) Transferring custody rights over minors when, at the time of the enforcement request, the person subject to enforcement does not directly provide care;

c) Transferring visitation and care rights over minors, incapacitated individuals, or those unable to work to the person subject to enforcement who does not directly provide care.

Article 8. Enforcement case files

1. The enforcement decision serves as the basis for establishing the enforcement case file. Each enforcement decision shall establish one enforcement case file.

Within no more than two working days from the date of assignment, the Enforcement Officer must proceed to establish the enforcement case file.

2. The enforcement case file must reflect the entire process of organizing enforcement by the Enforcement Officer regarding the enforcement matter, preserving all documents that have been, are being implemented, and are stored in accordance with the law on archiving.

Article 9. Verification of enforcement conditions

1. When conducting verification, the Enforcement Officer shall require the person subject to enforcement to truthfully declare and provide full information about assets, income, and enforcement conditions. The declaration must clearly state the type, quantity of money, assets, or property rights; cash, funds in accounts, loans or borrowings; estimated value and condition of each type of asset; regular and irregular income levels, places of income payment; address and place of residence of minors entrusted to others for care; ability and conditions to fulfill enforcement obligations.

The Enforcement Officer must record in the verification report on enforcement conditions whether the parties have declared or failed to declare assets, income, and enforcement conditions.

In cases where the person subject to enforcement fails to declare or it is discovered that the declaration is not truthful, depending on the degree of violation, the Enforcement Officer may impose penalties or propose administrative violations to the competent authority in accordance with the law.

2.12 In cases requiring clarification of information about assets, place of residence, workplace, headquarters of the person subject to enforcement, or other relevant information related to enforcement, the head of the civil enforcement agency may delegate verification to the civil enforcement agency where such information is located.

The delegation of verification by the civil enforcement agency must be in writing, specifying the scope of the delegation and other necessary contents. The head of the civil enforcement agency receiving the delegation must be responsible for the results of the verification within the delegated scope and must respond in writing to the delegating agency about the results of the verification within the following deadlines:

a) For verification of immovable and movable property that must be registered for ownership or use, the deadline for responding with the results of the verification shall not exceed thirty days from the date of receipt of the delegation. In complex cases, the deadline for submitting the results of the verification may be extended but shall not exceed forty-five days from the date of receipt of the delegation.

b) For verification of other types of property and information, the deadline for responding with the results of the verification shall not exceed fifteen days from the date of receipt of the delegation.

3. In cases where the address and assets of the person subject to enforcement cannot be determined or the address of the person subject to enforcement cannot be determined while the judgment or decision requires them to fulfill their obligations themselves, the head of the civil enforcement agency shall issue a decision on the absence of enforcement conditions. The decision on the absence of enforcement conditions must clearly state that the enforcement is suspended under point b, Clause 1, Article 48 of the Civil Enforcement Law.

4. Within five working days from the date of determining the grounds stipulated in Clause 1, Article 44a of the Civil Enforcement Law, the head of the civil enforcement agency shall issue a decision on the absence of enforcement conditions.

Within ten days from the date of receipt of new information about the enforcement conditions of the person subject to enforcement provided by the party or other organizations, agencies, or individuals, the Enforcement Officer must conduct verification.

After issuing a decision on the absence of enforcement conditions, if the person subject to enforcement regains the ability to fulfill enforcement obligations, the civil enforcement agency shall issue a decision to continue enforcement.

5. The civil enforcement agency shall transfer the matter to a separate tracking register for the absence of enforcement conditions within three working days from the date when the following conditions are met:

a) Has exceeded the two-year period from the date of the decision on the absence of conditions for enforcement against cases where the person is serving a custodial sentence with more than two years remaining or the new address or place of residence of the person subject to enforcement cannot be determined, or has exceeded the one-year period from the date of the decision on the absence of conditions for enforcement;

b) Has verified at least twice in accordance with Clause 2 of Article 44 of the Civil Enforcement Law;

c) There is no new information about the conditions for enforcement of the person subject to enforcement.

6.13 The enforcement of cases without conditions as stipulated in Clause 5 of this Article shall be separately recorded for monitoring. When there is new information about the conditions for enforcement of the person subject to enforcement, the Enforcement Officer shall verify and organize enforcement in accordance with Clause 4 of this Article.

Article 10. Request for Change of Enforcement Officer

1. The party has the right to request a change of Enforcement Officer in the following circumstances:

a) In the case provided for in Clause 5 of Article 21 of the Civil Enforcement Law;

b) The Enforcement Officer has participated as a legal representative or witness in the same case;

c) The Enforcement Officer delays in handling the enforcement matter;

d) There is evidence that the Enforcement Officer is not impartial while performing their duties.

2. A request for change of Enforcement Officer must be made in writing and submitted to the head of the civil enforcement agency handling the case, specifying the reasons and grounds for the request for change of Enforcement Officer. If the Enforcement Officer currently handling the case is the head of the civil enforcement agency, the party shall submit the document to the head of the civil enforcement agency or the head of the higher-level civil enforcement management agency.

3. Within five working days from the date of receipt of the written request for change of Enforcement Officer, the head of the civil enforcement agency or the higher-level civil enforcement management agency must consider and decide on changing the Enforcement Officer; if there is no basis for changing the Enforcement Officer, they must respond in writing to the person who requested the change and specify the reasons.

Article 11. Publicizing Information of the Person Subject to Enforcement

1. Within five working days from the date of the decision on the absence of conditions for enforcement, the civil enforcement agency shall publicly post the information on the name, address, and enforcement obligations of the person subject to enforcement on the website of the Civil Enforcement Bureau and integrate it onto the website of the Civil Enforcement General Department under the Ministry of Justice; send the decision on the absence of conditions for enforcement to the People's Committee of the commune where verification was conducted for public posting. The public posting period for the decision on the absence of conditions for enforcement is three months from the date of posting.

2. Within three working days from the date of determining the information on changes to the name, address, enforcement obligations, and conditions for enforcement of the person subject to enforcement, the civil enforcement agency that has publicly posted the information must update and amend the information and publicly post the content of the changes.

3. Within two working days from the date of the decision to suspend enforcement or receipt of a confirmation document stating that the person subject to enforcement has completed their enforcement obligations, the civil enforcement agency must terminate the public posting of information on the website of the Civil Enforcement Bureau to stop integration on the website of the Civil Enforcement General Department under the Ministry of Justice.

Within two working days from the date the People's Committee of the commune receives the decision to suspend enforcement or a confirmation document stating that the person subject to enforcement has completed their enforcement obligations, the People's Committee of the commune must terminate the public posting.

4. The State budget ensures funding for the publication, updating, supplementation, amendment, provision of information of persons subject to enforcement without conditions for enforcement; maintaining and servicing the websites specified in Clauses 1 and 2 of this Article.

5. The Ministry of Justice shall guide the publication, updating, supplementation, amendment, management, exploitation, use, and provision of information of persons subject to enforcement without conditions for enforcement on the website of the Civil Enforcement Bureau and the website of the Civil Enforcement General Department under the Ministry of Justice; establish a national electronic database on civil enforcement.

Article 12. Notification of Enforcement

1. The direct notification to the parties involved and those with related rights and obligations shall be carried out as follows:

a) By the Enforcement Officer or civil servant responsible for enforcement work delivering the notification document to the person to be notified;

b) By postal workers; persons authorized by the enforcement agency; neighborhood group leaders; village chiefs; township, commune, ward, hamlet, quarter, village, or precinct chiefs; heads of agencies or units; prison directors, detention center directors, heads of criminal enforcement agencies at the district level where the person to be notified resides, works, or serves their sentence; the delivery of the notification document to the person to be notified shall be carried out by these individuals.

2.14 In cases where the person to be notified is someone with related rights and obligations who is absent, the notification through a close relative shall be implemented according to the provisions of Clause 2, Article 40 of the Civil Enforcement Law.

If the parties involved or those with related rights and obligations request to receive notifications via telegrams, faxes, emails, or other means, such direct notifications may be conducted through these methods if they do not cause inconvenience to the civil enforcement agency.

3. When the parties involved or those with related rights and obligations change their contact addresses, they must promptly notify the competent civil enforcement agency organizing the enforcement to update the address for the purpose of implementing notifications at the new address. If the parties involved or those with related rights and obligations fail to report the new address, the notification made to the previously determined address shall be deemed valid.

4. In cases where the parties involved or those with related rights and obligations refuse to accept the notification, the person carrying out the direct notification must prepare a record, have it signed by a witness, and the notification shall be considered valid.

5. Notifications about enforcement on mass media shall be carried out according to the provisions of Article 43 of the Civil Enforcement Law, and additionally, they can be publicly disclosed on the website of the Civil Enforcement Bureau or the portal of the General Department of Civil Enforcement under the Ministry of Justice.

Article 13. Application of Guarantee Measures and Coercive Enforcement

1.15 The Enforcement Officer bases the selection of appropriate guarantee measures and coercive enforcement measures on the content of the judgment, decision; enforcement decision; nature, severity, and enforcement obligation; conditions of the person subject to enforcement; written requests from the parties involved, and the actual situation in the locality.

The Enforcement Officer may apply guarantee measures and coercive enforcement measures when enforcing decisions on urgent temporary measures as stipulated in Article 130 of the Civil Enforcement Law.

The application of guarantee measures and coercive enforcement measures must correspond to the obligations of the person subject to enforcement and the enforcement costs as prescribed by law, except in cases where the sole asset of the person subject to enforcement is significantly larger than the enforcement obligation and cannot be divided without substantially reducing its value; the secured asset has been declared by the judgment or decision to be executed for enforcement purposes; or in cases provided for in Clause 4, Article 24 of this Decree.

In cases where the parties involved or those managing, using, or safeguarding the assets do not comply with the requirements of the Enforcement Officer, the Enforcement Officer shall organize coercive measures such as unlocking locks, opening packages; forcibly removing from houses, buildings, or land-attached assets, or other necessary measures to inspect the current status, appraise the value, auction the asset, or transfer the asset to another individual or organization for safekeeping as prescribed by law.

After applying coercive measures, if the transfer of asset custody as stipulated in Article 58 of the Civil Enforcement Law cannot be carried out, the head of the civil enforcement agency shall issue a document requesting the People's Committee at the commune level to cooperate and support the safekeeping of the asset until it can be resolved.

2. Except for cases where the Civil Enforcement Law prohibits the organization of coercive enforcement, the civil enforcement agency shall not organize coercive enforcement involving mobilization of forces within 15 days before and after the Lunar New Year; traditional days for policy beneficiaries, if they are the persons subject to enforcement; and other special cases that seriously affect national security, political stability, public order, and local customs and traditions.

3. In necessary cases, the head of the civil enforcement agency shall report to the Chairman of the People's Committee at the same level, and the head of the civil enforcement agency at the military region shall report to the Commander of the Military Region and equivalent bodies at least five working days before organizing coercive enforcement of major, complex cases affecting national security, political stability, and public order in the area as stipulated in Clause 1, Article 172, Clause 2, Article 173, and Clause 2, Article 174 of the Civil Enforcement Law.

4. If the asset has been actually handed over to the recipient and they have signed the receipt but is later reclaimed, the civil enforcement agency shall not be responsible for handing the asset back to the recipient.

The recipient of the asset has the right to request the People's Committee at the commune level where the asset is located to demand the person reclaiming the asset to return it. If the person reclaiming the asset does not return it, the recipient of the asset has the right to request the competent authority to handle administrative violations or pursue criminal responsibility according to the law.

Article 14. Suspension of Enforcement

1. The head of the civil enforcement agency shall issue a decision to suspend enforcement according to point a and point b, Clause 1, Article 48 of the Civil Enforcement Law in cases where the person subject to enforcement must personally fulfill the obligation according to the judgment or decision.

2. If the party has other assets outside the cases specified in point d, Clause 1, Article 48 of the Civil Enforcement Law, the civil enforcement agency shall handle those assets for enforcement.

Article 15. Transfer of Execution Rights and Obligations

1. Execution rights and obligations are transferred to another person according to the provisions of the Civil Enforcement Law as stipulated in Clause 2, Article 54 of the Civil Enforcement Law, implemented as follows:

a) In cases where the execution obligation involves returning property and the person subject to enforcement has died but there is someone directly managing or using that property, the civil enforcement agency shall set a deadline of thirty days from the date of receiving a valid notification for the manager or user of the debtor's property to transfer the property to the person entitled to enforcement. If they fail to comply within this period, the civil enforcement agency will organize the transfer of the property, including compulsory transfer of the property to the person entitled to enforcement in accordance with the law.

b) In cases where the person subject to the payment obligation has died and left behind assets, the civil enforcement agency shall issue a notice and set a deadline of thirty days from the date of receiving a valid notification for the heir or the administrator of the deceased's estate to agree on and fulfill the execution obligation left by the debtor. After this period, if the heir or the administrator does not reach an agreement or cannot agree on the fulfillment of the debtor's obligation, the civil enforcement agency will apply security measures and enforcement coercive measures against the assets left by the debtor to ensure enforcement, while setting a deadline of thirty days from the date of receiving a valid notification for those related to the asset to exercise their right to initiate a lawsuit to divide the inheritance. If there is no lawsuit initiated within the announced period for exercising the right to divide the inheritance, the civil enforcement agency will handle the asset for enforcement.

In cases where the heir has not been identified, the civil enforcement agency shall publicly announce on mass media and post at the location of the asset and the People's Committee office of the commune where the asset is located for three months from the date of announcement and posting to inform the heir, allowing them to contact and fulfill the execution obligation left by the debtor; if there is no heir claiming inheritance after this period, the civil enforcement agency will handle the asset for enforcement.

2. The transfer of execution rights and obligations as stipulated in Clause 4, Article 54 of the Civil Enforcement Law shall be carried out in accordance with the provisions of the Civil Code on the transfer of rights and obligations; it must not affect the legitimate rights and interests of other organizations or individuals and must be recorded in writing with the signatures of the transferring party and the receiving party of the execution rights and obligations.

In cases where the person entitled to enforcement transfers part or all of their enforcement rights to a third party, the third party becomes the person entitled to enforcement corresponding to the transferred rights and assumes the obligations of the person entitled to enforcement as prescribed by the Civil Enforcement Law. The party transferring the enforcement rights must notify the person subject to enforcement and the civil enforcement agency organizing the enforcement in writing about the transfer of enforcement rights. The transfer of enforcement rights does not require the consent of the person subject to enforcement, except in cases where there is an agreement or the law provides otherwise.

In cases where the person subject to enforcement transfers the enforcement obligation to a third party, it must be agreed upon by the person entitled to enforcement. The party receiving the transferred obligation assumes the obligations of the person subject to enforcement, and if they do not voluntarily fulfill these obligations, they will be subject to security measures and enforcement coercive measures as prescribed by the Civil Enforcement Law.

Article 16. Execution of Entrusted Enforcement

Clause 16.1. Based on the judgment or decision for enforcement or the results of verification, the head of the civil enforcement agency must entrust the enforcement to the civil enforcement agency where the person subject to enforcement has assets, works, resides, or has an office.

Clause 17.2. In cases where the person subject to enforcement has multiple assets in different places, the civil enforcement agency shall implement the entrustment in the following order:

a) According to the agreement of the parties;

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

c) Where the total value of assets is the largest.

Clause 18.3. In cases where the judgment or decision declares secured assets for specific amounts to be enforced but those assets are located elsewhere, the amount to be enforced must be entrusted to the civil enforcement agency where the secured assets are located.

In cases where the assets are being processed for enforcement but there is a dispute and it has been accepted by the court for resolution, and the party with assets is in another locality, the entrustment shall be made to the civil enforcement agency where the assets are located for enforcement.

The entrusted enforcement agency must regularly update, monitor, and immediately inform the receiving enforcement agency of the results of resolving disputes by the Court to coordinate in organizing enforcement. The receiving enforcement agency must promptly report the progress and results of handling assets to the entrusting enforcement agency for monitoring and coordinating in organizing enforcement.

Clause 19.4. The decision on entrusted enforcement must clearly state the content of the entrustment, the amount already executed, the amount to continue executing, and other necessary information for implementing the entrustment.

When sending the decision on entrusted enforcement, the civil enforcement agency must send along the judgment or decision; copies of the inventory record, temporary seizure of assets, and other related documents, if any. In cases where entrustment is made to multiple places, the Enforcement Officer shall copy the judgment, decision, and other related documents into multiple copies, stamped by the entrusting enforcement agency to send to the receiving enforcement agencies.

Decisions applying measures to ensure enforcement, decisions temporarily suspending departure, and other enforcement-related decisions concerning the entrusted amount remain effective until replaced by a decision from the receiving enforcement agency.

Clause 5. In cases where the person subject to enforcement does not have assets or does not reside, work, or have an office in the locality, the civil enforcement agency receiving the entrustment shall implement according to Article 44a of the Civil Enforcement Law; in cases where it is determined that the person subject to enforcement has assets or resides, works, or has an office in another locality, further entrustment shall be made to the civil enforcement agency where conditions for enforcement exist.

Article 17. Enforcement when there is a change in asset value at the time of enforcement

Clause 20.1. The Enforcement Officer organizes the valuation of assets to carry out enforcement when there is a change in asset value at the time of enforcement according to Article 59 of the Civil Enforcement Law when the following conditions are met:

a) The person subject to enforcement does not voluntarily hand over the asset or pay the value of the asset according to the content of the judgment or decision after the deadline specified in Clause 1 of Article 45 of the Civil Enforcement Law;

b) At least one of the parties has submitted a request for asset valuation and has paid the advance fee for valuation costs;

c) At the time of enforcement, the asset value changes by 20% or more compared to the value of the asset when the judgment or decision becomes legally binding.

Clause 21.2. The person requesting asset valuation is responsible for providing evidence proving the change in asset value, attached to the request for asset valuation. Evidence proving the change in asset value may be the price range set by the competent authority applied in the locality or the market price of similar or comparable assets in the locality or the actual transfer price of the same type of asset in the locality.

Within five working days from the date of receipt of the request for asset valuation from the party and evidence proving the change in asset value, the Enforcement Officer must proceed with the valuation process according to Article 98 of the Civil Enforcement Law. Valuation costs are borne by the party requesting valuation.

Clause 3. Within five working days from the date of obtaining 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 or decision compared to the value of the asset as determined under Clause 2 of this Article to settle the money for the person receiving the execution payment.

Within thirty days from the date of receipt of the written request for payment of the execution payment, if the recipient of the asset does not voluntarily pay the execution payment, the Enforcement Officer shall issue a decision to auction the asset for enforcement. The proceeds shall be settled according to the corresponding ratio of the money and assets that the parties receive according to the judgment or decision without calculating late enforcement interest.

Clause 4. Costs of inventorying and disposing of assets stipulated in Clause 3 of this Article shall be borne by the parties corresponding to the ratio of the money and assets they actually receive according to the law on enforcement costs.

Clause 5. A person managing the asset who does not voluntarily hand over the asset to the buyer of the auctioned asset shall be subject to enforcement and must bear the costs according to the regulations on enforcement costs.

Article 18. Temporary Seizure of Assets and Documents for Enforcement

1. In cases of necessity, the Enforcement Officer may request assistance from police forces or other organizations or individuals to temporarily seize assets and documents for enforcement purposes.

2. The record of temporary seizure of assets and documents must clearly state the name of the person whose assets and documents are seized; the type of assets and documents seized; quantity, volume, size, and other characteristics of the seized assets and documents.

If the seized asset is cash, it must specify the number of bills, denominations of various types of currency, and if it is foreign currency, it must indicate which country's currency and, if necessary, also include the serial numbers on the currency.

Precious metals and gems that are sealed must be sealed in the presence of the person whose assets are seized or their relatives. If the person whose assets are seized or their relatives do not agree to witness the sealing, a witness must be present. The seal must clearly indicate the type of asset, quantity, volume, and other characteristics of the sealed asset, with signatures of the Enforcement Officer, the person whose assets are seized or their relatives, or the witness. The sealing process must be recorded in the record of temporary seizure of assets.

Assets and documents temporarily seized shall be stored according to the provisions of Article 58 of the Civil Execution Law.

3. When returning temporarily seized assets and documents, the Enforcement Officer requires the person receiving them to present documents proving they are the person whose assets and documents were seized or someone authorized by them.

The Enforcement Officer requires the person receiving them to check the quantity, volume, size, and other characteristics of the seized assets and documents under the supervision of the civil execution agency’s warehouse custodian or the person responsible for storage.

Returning assets and documents must be documented in a record.

4. In cases where the party does not accept the return of temporarily seized assets and documents, the civil execution agency shall handle it according to the provisions of Clauses 2, 3, and 4 of Article 126 of the Civil Execution Law.

Article 19. Suspension of Registration, Transfer of Ownership and Use Rights, and Change of Asset Status

From the time of receiving the decision to suspend registration, transfer of ownership and use rights, and change of asset status, the registration agency, transfer agency, and related agencies, organizations, and individuals shall not carry out registration, transfer of ownership and use rights, or change of asset status until they receive the Enforcement Officer's decision to terminate the suspension of registration, transfer of ownership and use rights, and change of asset status.

Article 20. Freezing Money in Accounts and Assets at Depository Locations

1. The decision to freeze accounts and assets at depository locations must clearly specify the amount of money and assets to be frozen. The Enforcement Officer shall deliver the decision to freeze accounts and assets at depository locations to the legal representative of the State Treasury, financial institution, agency, organization, or individual managing the account or asset at the depository location, or the person responsible for receiving documents from such agency or organization, and create a record of the delivery of the decision.

The record must have the signatures of the Enforcement Officer and the person receiving the decision to freeze accounts and assets at depository locations. If the person receiving the decision to freeze accounts and assets at depository locations does not sign, there must be a signature of a witness.

The decision to freeze accounts and assets at depository locations, issued after the Enforcement Officer creates a record of freezing according to Clause 2 of Article 67 of the Civil Execution Law, must be immediately sent to the agency, organization, or individual where the account or asset has been frozen.

2. If the legal representative or the person responsible for receiving documents from the agency or organization does not accept the decision to freeze accounts and assets at depository locations, the Enforcement Officer shall create a record of non-receipt of the decision, signed by a witness or observer, and post the decision to freeze accounts and assets at depository locations of the person subject to enforcement at the headquarters of the agency or organization.

The legal representative or the person responsible for receiving documents from the agency or organization who does not accept the decision must bear responsibility according to the law and compensate for any damage incurred.

3. The Enforcement Officer is responsible for keeping confidential information about the accounts and assets of the person subject to enforcement when provided by the State Treasury, financial institution, agency, organization, or individual where the account or asset is located.

Article 21. Deduction from Account Balance

1. The decision to deduct money from an account must clearly state the following contents:

a) Date of issuance of the decision;

b) Basis for issuing the decision;

c) Name and number of the debtor's account;

d) Name and address of the State Treasury or credit institution where the account was opened;

đ) Amount to be deducted;

e) Name and number of the civil enforcement agency's account that will receive the deducted amount;

g) Deadline for implementing the deduction.

2. In cases where the person subject to compulsory execution has multiple accounts at different State Treasuries or credit institutions, the Enforcement Officer shall base the decision on the account balance to apply the compulsory deduction measure against one or more accounts to ensure sufficient collection of the amount due for execution and enforcement costs, if applicable.

3. The State Treasury or credit institution shall immediately implement the decision to deduct money from the account; if they fail to do so immediately and the party dissipates the funds in the account, leading to the inability to execute for the person entitled to enforcement, they must compensate for the loss according to the provisions of the law.

Article 22. Collection of Money from the Debtor's Business Activities

1. The Enforcement Officer collects money from the debtor's business activities on a daily, weekly, monthly, quarterly, or annual basis, depending on the nature of the debtor's business.

When determining the amount of money to be collected from the debtor's business activities, the Enforcement Officer bases it on the business results based on accounting records, documents, and the actual business situation of the debtor.

2. The minimum amount left for the debtor must ensure the minimum living conditions for the debtor and the persons whom the debtor is obligated to support or maintain. The determination of the minimum living standard for the debtor and the persons whom the debtor is obligated to support or maintain is based on the poverty standard of the locality where the debtor resides, if the locality does not have such regulations, then according to the poverty standard issued by the Prime Minister at each specific stage.

The minimum amount left for business operations is determined by the Enforcement Officer based on the nature of the business industry; the scale of the debtor's business, and this amount may be adjusted.

Article 23. Collection of Money and Assets Held by Third Parties on Behalf of the Debtor

1. When there is evidence that an organization or individual is holding money or assets belonging to the debtor, the Enforcement Officer shall prepare a working record or issue a document requesting the organization or individual holding the money or assets to submit them to the civil enforcement agency for execution.

An organization or individual holding money or assets belonging to the debtor who fails to comply with the Enforcement Officer's request to submit the money or assets will be subject to security measures and compulsory measures for execution.

The enforcement costs are borne by the debtor.

2. In cases where a third party holding money or assets belonging to the debtor fails to comply with the Enforcement Officer's request and instead delivers the money or assets to the debtor or another person, leading to the inability to execute for the person entitled to enforcement, the third party must compensate for the loss according to the provisions of the law.

3. In cases where an organization or individual is found to owe money or assets to the debtor and the amount or asset has been determined by a court judgment or decision that is currently in effect, the Enforcement Officer shall request the organization or individual to submit the money or assets to the civil enforcement agency for execution. If the organization or individual fails to comply, the Enforcement Officer shall apply necessary compulsory measures against the organization or individual to collect the money or assets for execution.

The enforcement costs in this case are borne by the organization or individual subject to compulsory execution.

Article 24. Seizure of Assets for Enforcement

1.22 In cases where assets have been subject to preventive measures, provisional emergency measures, security measures for enforcement, coercive enforcement measures, and transactions related to such assets arise, those assets shall be seized and processed for enforcement. The enforcement officer shall request the court to declare the transaction involving the asset void or request the competent authority to cancel the documents related to the transaction.

Where there is a transaction concerning assets and the person subject to enforcement does not use the entire amount received from the transaction to fulfill the enforcement obligation and has no other assets or has other assets but they are insufficient to secure the enforcement obligation, the following actions shall be taken:

a) In cases where there is a transaction concerning assets but the transfer of ownership or use rights has not yet been completed, the enforcement officer shall seize and process the assets according to the regulations. When seizing the assets, if there is a dispute, the enforcement officer shall act in accordance with Clause 1, Article 75 of the Civil Enforcement Law. If it is necessary to declare the transaction void or request the competent authority to cancel the documents related to the transaction, it shall be carried out in accordance with Clause 2, Article 75 of the Civil Enforcement Law.

In cases where there is a transaction concerning assets from the time the judgment or decision becomes legally effective but the transfer of ownership or use rights has already been completed, the enforcement officer shall not seize the assets but shall act in accordance with Clause 2, Article 75 of the Civil Enforcement Law and issue a notice to relevant agencies, organizations, and individuals to temporarily suspend registration, transfer of ownership or use rights, and change the status of the asset.

The handling of assets shall be carried out according to the decision of the court or the competent authority.

b) In cases where there are other transactions related to assets without transferring ownership or use rights to others, the enforcement officer shall seize and process the assets for enforcement. The rights and legitimate interests of the parties involved in the transaction shall be implemented in accordance with civil laws and related laws.

2. The seizure and handling of jointly owned assets of the person subject to enforcement with another person shall be carried out as follows:

a) The civil enforcement agency shall only seize and handle jointly owned assets, which are land use rights, houses, and other assets attached to land when other assets are insufficient for enforcement or when there is a request from the party concerned in accordance with Clause 4 of this provision;

b) In cases where the person subject to enforcement jointly owns assets with another person and the portion of each person's assets and property rights has been determined, the enforcement officer shall seize the portion of the assets and property rights of the person subject to enforcement for enforcement in accordance with Clause 2, Article 74 of the Civil Enforcement Law; in cases where the portion of the person subject to enforcement has not been determined, it shall be carried out in accordance with Clause 1, Article 74 of the Civil Enforcement Law, except for the case provided for in point c of this clause;

For assets under joint ownership and use by spouses, the enforcement officer shall determine the share of ownership of the spouse in accordance with the laws on marriage and family and notify the spouse.

For assets under joint ownership and land use rights by a household, the enforcement officer shall determine the share of ownership and use based on the number of members of the household at the time of establishing ownership of the asset, the time of being granted land by the State, leasing land, recognizing land use rights, or receiving transferred land use rights. The enforcement officer shall notify the result of determining the share of ownership and use to the members of the household.

In cases where the spouse or household members do not agree with the determination of the enforcement officer, they have the right to request the court to divide the jointly owned assets within thirty days from the date of receipt of a valid notification. After this period, if no lawsuit is initiated, the enforcement officer shall proceed to seize and process the assets and return the value of the asset belonging to the spouse or household members.

3. In cases where assets have been legally pledged or mortgaged and the verification results at the time of enforcement show that the value of the asset is equal to or less than the payment obligation under the pledge or mortgage contract, the enforcement officer must notify in writing the pledgee or mortgagee of the obligation of the person subject to enforcement and request them to notify the civil enforcement agency when fully paying off the obligation under the contract or when processing the pledged or mortgaged asset.

The civil enforcement agency shall seize assets after they have been released from the pledge or after collecting the remaining money from the sale of the asset to settle the signed contract, if applicable.

If the pledgee or mortgagee fails to notify or delays notification, causing damage to the person entitled to enforcement, they must compensate according to the law.

4. In cases where the person subject to enforcement voluntarily proposes to seize specific assets among multiple assets without hindering the enforcement and these assets are sufficient to cover the enforcement obligation and related costs, the enforcement officer shall record an explanation for them regarding their responsibility for all related costs of processing the asset and proceed to seize the asset for enforcement. The person subject to enforcement shall be restricted from conducting transactions with other assets until the enforcement obligation is fulfilled.

5. The civil enforcement agency shall only seize other assets of the enterprise subject to enforcement if, after deducting accounts, processing gold, silver, precious stones, other precious metals, and valuable documents managed by the enterprise or held by a third party, it still remains insufficient for enforcement, except where the judgment or decision provides otherwise or the parties have agreed differently.

6.23 In case the person subject to enforcement voluntarily hands over property as stipulated in point a, Clause 1, Article 7a of the Civil Enforcement Law for the purpose of fulfilling monetary obligations, the Enforcement Officer shall prepare a record of the voluntary handover of property. This record serves as the basis for the Enforcement Officer to transfer the property according to the agreement or organize the valuation and sale of the property and determine the priority order of payment. The costs of valuation, sale of the property, and other necessary expenses as prescribed by law shall be borne by the person subject to enforcement.

In cases where the party voluntarily hands over the only dwelling but the amount obtained from its sale is insufficient to settle all enforcement obligations and the person subject to enforcement does not have enough money to rent another dwelling or establish a new place of residence, the Enforcement Officer shall implement the provisions set forth in Clause 5, Article 115 of the Civil Enforcement Law.

Article 25. Agreement on organization of price appraisal

1. In cases where the parties agree on the organization of price appraisal within the province or centrally governed city where the seized property is located or on the organization of price appraisal in another area, the Enforcement Officer shall enter into a service contract with the price appraisal organization chosen by the parties.

2. The agreement of the parties regarding the selection of the price appraisal organization also applies to the revaluation of seized property.

Article 26. Determination of value for seized property

1. In cases where it is not possible to sign a service contract as provided for in point a, Clause 3, Article 98 of the Civil Enforcement Law, the Enforcement Officer may choose and sign a contract with a price appraisal organization outside the province or centrally governed city where the seized property is located; if still unable to sign a contract, the Enforcement Officer shall seek the opinion of the financial authority at the same level or the specialized management agency of the sector or field of the seized property before determining the value of the seized property. Seeking opinions from financial authorities and related specialized agencies must be recorded in writing or in a protocol signed by the Enforcement Officer and the relevant financial authority or specialized agency.

Within fifteen days from the date of receiving the request of the Enforcement Officer, if the financial authority or specialized agency does not provide their opinion 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 the specialized agencies to provide opinions so that the Enforcement Officer can determine the value of the seized property.

2. Seized property with small value as stipulated in point b, Clause 3, Article 98 of the Civil Enforcement Law is property whose market selling price at the time of valuation of identical or similar unused items does not exceed VND 10,000,000.

Article 27. Auction and handling of auction results of enforcement assets

1.24 Before conducting the first auction of jointly owned property where multiple co-owners propose to purchase the portion of the property of the person subject to enforcement at the determined price, the Enforcement Officer shall notify such co-owners to agree on who has the right to purchase. If they cannot reach an agreement, the Enforcement Officer shall organize a draw to select the purchaser.

2. The value of movable property sold through auction as stipulated in point b, Clause 3, and Clause 4, Article 101 of the Civil Enforcement Law is the value of each individual movable item; for items of the same type or in a set, it is the total value of those movable items sold in one auction to enforce one enforcement matter.

3.25 In cases where multiple properties are auctioned in the same auction to enforce judgments, the civil enforcement agency shall require the auction organization to conduct the auction in order of highest value. If the proceeds from the auction are sufficient to fulfill the obligation and the prescribed costs, the remaining properties will not be auctioned.

The buyer of the auctioned property must deposit the purchase price into the account of the civil enforcement agency within thirty days from the date of the successful auction and no extension is allowed.

Within thirty days, in complex or difficult cases, up to sixty days from the date the buyer deposits the full purchase price, the civil enforcement agency must organize the delivery of the property to the buyer, except in cases of force majeure.

The auction organization is responsible for coordinating with the civil enforcement agency in delivering the auctioned property to the buyer. Any organization or individual obstructing or interfering illegally leading to delayed delivery of the successfully auctioned property causing damage must compensate.

4. The civil enforcement agency shall carry out the payment of enforcement fees as prescribed in Article 47 of the Civil Enforcement Law within ten days from the date of delivery of the auctioned property to the buyer.

During the period when the property cannot be delivered, the civil enforcement agency shall process the procedures to deposit the funds into a bank account under a one-month term deposit until the property is delivered; the interest earned on the deposit shall be added to the initial deposit to enforce the judgment; if the property cannot be delivered, the interest earned belongs to the buyer of the auctioned property, except in cases of agreement or otherwise prescribed by law.

In case the deadline for delivering the property as stipulated in the auction contract is reached but the property cannot be delivered to the buyer of the auctioned property, the buyer has the right to request cancellation of the contract.

5.26 In cases where the winning bidder refuses to purchase the auctioned property or has signed a purchase contract but has not paid any additional amount after the auction session ends, after deducting the auction costs, the deposit money shall belong to the state budget and be used to pay interest on late enforcement, advance payment for state compensation, financial guarantee for enforcement, and other necessary expenses.

In cases where the buyer of the auctioned property fails to fully perform or does not comply with the deadline for payment obligations as stipulated in the contract, the purchase payment for the auctioned property shall be handled according to the agreement in the purchase contract and the provisions of the law on sales contracts.

The civil enforcement agency shall organize the auction of property in accordance with the law.

Article 28. Registration and Issuance of Ownership and Usage Certificates for Assets

1. In cases where the civil enforcement agency cannot recover documents related to assets as stipulated in point e, Clause 3, Article 106 of the Civil Enforcement Law, it shall issue a document clearly stating the reasons and send it to the competent authority issuing relevant documents to carry out the cancellation of old documents and issuance of new documents in accordance with regulations.

2. In cases where the asset is land usage rights, housing, and other immovable property attached to land, which have Land Use Right Certificates, Housing Ownership Certificates, and Certificates for Other Immovable Property Attached to Land but such certificates cannot be recovered, the following actions shall be taken:

a) The civil enforcement agency shall send a document clearly stating the reasons for not being able to recover the Land Use Right Certificate, Housing Ownership Certificate, and Certificate for Other Immovable Property Attached to Land to the Land Registration Office that issued these certificates.

b) Within thirty days from the date of receipt of the document from the civil enforcement agency, the Land Registration Office shall report to the competent authority issuing the Land Use Right Certificate, Housing Ownership Certificate, and Certificate for Other Immovable Property Attached to Land to decide on the cancellation of the issued certificate and issuance of a new Land Use Right Certificate, Housing Ownership Certificate, and Certificate for Other Immovable Property Attached to Land in accordance with the laws on land and housing.

3. In cases where the asset is land usage rights, housing, and other immovable property attached to land without a Land Use Right Certificate, Housing Ownership Certificate, and Certificate for Other Immovable Property Attached to Land but meeting the conditions for issuance of such certificates, the competent authority shall be responsible for issuing the Land Use Right Certificate, Housing Ownership Certificate, and Certificate for Other Immovable Property Attached to Land in accordance with the laws on land and housing.

Article 29. Transfer of Intellectual Property Rights

In cases where the Enforcement Officer decides to transfer intellectual property rights to another organization, entity, or individual for exploitation and use in accordance with the Intellectual Property Law, the transfer must comply with the provisions on the transfer of intellectual property rights.

Article 30. Valuation of Intellectual Property Rights

1. The valuation of intellectual property rights for enforcement shall be carried out in accordance with the laws on pricing and the laws on the appraisal of intellectual property rights.

2. Organizations, entities, or individuals requesting the valuation of intellectual property rights must pay the costs for the valuation in accordance with Article 73 of the Civil Enforcement Law.

Article 31. Auctioning of Intellectual Property Rights

1. Authority to conduct auctions of intellectual property rights:

a) An auction organization shall conduct the auction of intellectual property rights valued at more than 10,000,000 VND;

b) The Enforcement Officer shall conduct the auction of intellectual property rights valued up to 10,000,000 VND or in cases where there is no auction organization in the province or centrally-administered city where the enforcement agency is located, or although there is one, it refuses to sign a service contract for the auction.

2. The auction of intellectual property rights shall be conducted in accordance with the laws on the auction of assets.

Article 32. Disposal of Evidence Items and Seized Assets Ordered to be Confiscated or Transferred to State Funds

1. The financial agency at the same level as the civil enforcement agency conducting the enforcement, or the provincial financial agency where the civil enforcement agency of the military region or where the evidence items and seized assets are stored, shall be responsible for receiving and disposing of evidence items and seized assets ordered to be confiscated or transferred to state funds in accordance with Article 124 of the Civil Enforcement Law and the laws on establishing state ownership over assets and managing and disposing of assets established as state-owned.

2. The civil enforcement agency shall notify and set a deadline of ten days from the date of notification for the responsible agency to receive the evidence items and seized assets.

If the deadline has passed without the evidence items and seized assets being received, the responsible agency must cover all storage costs and bear all risks from the time of delayed reception.

The transfer of evidence items and seized assets ordered to be confiscated or transferred to state funds shall take place at the civil enforcement agency's warehouse or at the location where the evidence items and seized assets are currently stored; the enforcement shall be completed at the time of receipt of the evidence items and seized assets.

3. In cases where the authorized financial agency issues a letter of authorization to handle assets ordered to be confiscated or transferred to state funds, the civil enforcement agency at the same level conducting the enforcement shall handle the assets and complete the process of transferring them to state funds after deducting handling costs in accordance with the laws on establishing state ownership over assets and managing and disposing of assets established as state-owned.

Article 33. Destruction of Evidence and Property

1. The destruction council shall carry out the destruction of evidence and property within ten days from the date of establishment.

2. The destruction of various types of evidence and property shall be carried out through burning, smashing, or other appropriate methods.

In cases where the destruction of hazardous chemicals or other evidence and property requires specialized equipment or experts, the Enforcement Officer shall enter into a contract with the experts or agencies ensuring the conditions for the safe destruction of evidence and property to prevent environmental impact at the destruction site.

3. The costs for the destruction of evidence and property shall be covered by the state budget.

Article 34. Application of Measures to Ensure Execution of Judgment in Cases of Entrusted Execution of Joint Liability Obligations

In cases of entrusted execution of joint liability obligations where the judgment debtor resides or has assets in multiple regions and the assets in the entrusted region are insufficient for enforcement, the civil enforcement agency in the entrusted region has the right to apply measures to ensure the execution of the judgment against all persons and assets related to the execution of the judgment to prevent evasion or avoidance of enforcement.

Article 35. Execution of Decisions on Provisional Emergency Measures

1. The head of the civil enforcement agency may only entrust the civil enforcement agency in the region where the judgment debtor resides or has assets to execute the following decisions on provisional emergency measures when the judgment debtor resides or has assets in another province or centrally-administered city:

a) Prohibiting or compelling the parties to perform a specific act; placing a minor under the care, guardianship, upbringing, education of an individual or organization; temporarily suspending a decision to dismiss an employee;

b) Compelling the fulfillment of part of the maintenance obligation in advance; compelling the fulfillment of part of the compensation obligation for damage to life or health in advance; compelling the employer to temporarily pay wages, remuneration, compensation for work-related accidents or occupational diseases to the employee;

c) Seizing disputed property;

d) Harvesting crops or selling other agricultural products.

2. The head of the civil enforcement agency must issue an immediate entrustment decision upon having grounds for entrustment. The head of the civil enforcement agency receiving the entrustment must issue an enforcement decision and assign the Enforcement Officer to immediately apply the measures stipulated in Article 130 of the Civil Enforcement Law to organize the execution.

Article 36. Value of Assets to be Reimbursed in Cases of Execution of Supervisory Review and Reconsideration Decisions

The value of assets to be reimbursed to the original owner in cases where a court judgment or decision is annulled, amended partially or entirely according to Clause 3 of Article 135 of the Civil Enforcement Law is the market value of the asset in the local area at the time of settlement of the reimbursement.

Article 37. Confirmation of Execution Results

1. The head of the civil enforcement agency shall confirm in writing the results of the execution of rights and obligations according to the enforcement decision when requested by the party or their relatives.

2. The content of the confirmation document must clearly reflect the amount of the obligation according to the judgment or decision, the obligation to be executed according to the enforcement decision, and the execution results up to the confirmation date.

The confirmed execution result demonstrates that the party has fully or partially completed their rights and obligations according to the enforcement decision or has completed the periodic execution obligation in cases where the execution is conducted periodically.

Article 38. Handling complaints regarding enforcement of judgments

1. For complaint cases that do not require acceptance for handling, the receiving agency shall not be responsible for accepting them but shall issue a written guidance or response to the complainant within five working days from the date of receipt of the complaint. The guidance or response shall only be provided once for each complaint case; if the complainant submits original documents or materials related to the complaint case, such documents or materials shall be returned to the complainant.

In cases where a complaint includes both a complaint and an accusation, the complaint regarding enforcement of judgments shall be handled according to the regulations on handling complaints about enforcement of judgments, while the accusation shall be handled according to the regulations on handling accusations.

2. For complaint cases within the jurisdiction of a lower-level agency but not resolved within the prescribed time limit, the head of the enforcement agency or the higher-level management agency shall request the lower-level agency to resolve the case, and at the same time, shall have the responsibility to direct, inspect, and urge the resolution of the case by the lower-level agency, and apply measures within their authority to deal with those who are negligent or intentionally delay the resolution of the complaint. If measures exceeding their authority are required, they shall propose to the relevant state agencies or persons with authority to handle the matter.

3. The decision resolving the initial complaint made by the competent authority shall take effect regarding the decision on applying enforcement security measures.

4. A decision resolving a complaint that has taken effect may be reviewed according to point b, Clause 4 and point b, Clause 7, Article 142 of the Civil Enforcement Law in the following circumstances:

a) The decision or act complained of is contrary to the law, but the decision resolving the complaint considers it to comply with the law;

b) The resolution of the complaint violates the provisions of the law on procedures for handling complaints about enforcement of judgments;

c) There are new circumstances that fundamentally change the outcome of the complaint resolution.

5. In cases where a complaint is resolved but the party continues to file a complaint without presenting new evidence, the person handling the complaint shall retain the complaint and notify the party.

Article 39. Subjects entitled to financial guarantee from the state budget to fulfill enforcement obligations

1. State agencies.

2. Political organizations, political-social organizations, and units under these organizations operating entirely on funds provided by the state budget.

3. Public service units established by the state, whose entire operational funding is guaranteed by the state budget.

4. Units under armed forces whose entire operational funding is guaranteed by the state.

Article 40. Conditions for financial guarantee for enforcement

State agencies or organizations required to enforce judgments that are eligible for financial guarantees for enforcement shall only be entitled to financial support from the state budget for enforcement after requesting the person at fault to fulfill their obligation, but that person is unable to fulfill the obligation or has only partially fulfilled it, and the agency has utilized the saved funds from its self-managed budget but still cannot enforce the judgment. In cases where the enforcement obligation of the agency or organization arises due to acts committed by public officials and falls under state compensation, it shall be handled in accordance with the laws on state liability for compensation.

Article 41. Authority to Decide Financial Guarantees for Enforcement of Judgments

1. The enforcement guarantee funds for organizations subject to enforcement that are under central management shall be guaranteed by the central budget; the enforcement guarantee funds for organizations subject to enforcement that are under local management shall be guaranteed by the local budget; the enforcement guarantee funds for units within the armed forces shall be guaranteed by the state budget.

2. The authority and level of financial guarantees from the state budget shall be implemented in accordance with the provisions of the State Budget Law.

Article 42. Procedures for Financial Guarantees for Enforcement of Judgments

Organizations and agencies subject to enforcement that are eligible for financial guarantees for enforcement shall be responsible for preparing the necessary documentation to request financial guarantees for enforcement.

The Ministry of Justice and the Ministry of Finance shall provide guidance on the preparation of documentation, deadlines, procedures for requesting, examining, deciding on financial guarantees for enforcement, budget estimates, disbursement, settlement, and reimbursement of enforcement guarantee funds.

Financial guarantee funds for enforcement shall not be used for other purposes.

Article 43. Costs of Compulsory Enforcement

1. Other necessary costs as prescribed in point c, Clause 3, Article 73 of the Civil Execution Law include:

a) Costs for convening meetings to discuss compulsory enforcement organized by the Enforcement Officer before carrying out compulsory enforcement;

b) Costs of compulsory enforcement in cases where no money can be collected from the person subject to enforcement due to the seized assets not being sold according to the provisions of Clause 3, Article 104 of the Civil Execution Law; assets subject to compulsory enforcement according to Article 90 of the Civil Execution Law but after reduction according to the provisions, their value equals or is lower than the costs and obligations secured; seized assets are no longer available or have lost their utility value; the person subject to enforcement must hand over or return assets according to the judgment or decision but lacks the ability to pay the compulsory enforcement costs; the person subject to enforcement must perform certain tasks and has left the place of residence or died without leaving assets to cover the compulsory enforcement costs;

c) Costs for the Enforcement Officer to verify and determine the value of assets before compulsory enforcement to apply corresponding enforcement measures in accordance with the obligations to be enforced, necessary costs to apply according to Article 90 of the Civil Execution Law;

d) Expenses for applying temporary detention measures for papers and documents of the person subject to enforcement when no money can be collected from such person to cover the costs;

e) Costs for arranging interpreters and translators in cases where the parties are foreigners or ethnic minorities in Vietnam who do not know Vietnamese;

f) Costs of compulsory enforcement if they are carried out but must be suspended according to point a, point b, point d, and point e, Clause 1, Article 50 of the Civil Execution Law;

g) Costs of compulsory enforcement already carried out if the competent authority cancels the enforcement.

2. The allowance system for persons directly participating in compulsory enforcement and protecting compulsory enforcement according to Clause 7, Article 73 of the Civil Execution Law shall be implemented as follows:

a) The recipients of allowances include Enforcement Officers, other civil servants involved in enforcement work, Prosecutors, police officers, self-defense militia; representatives of local authorities, social organizations, neighborhood associations; village chiefs, village elders, headmen, and other forces mobilized to participate in activities for compulsory enforcement;

b) The allowance system shall be applied to activities verifying conditions for protecting compulsory enforcement, directly implementing announcements of compulsory enforcement, directly temporarily detaining, seizing assets and documents, convening meetings to discuss compulsory enforcement, meetings to appraise and re-appraise assets, selling assets in cases where no contract for auction sale is signed with organizations authorized to conduct public auctions; directly participating in compulsory enforcement when necessary;

3. The Ministry of Finance and the Ministry of Justice shall specify the specific levels of cost allowances and provide detailed guidance on the financial management mechanism for organizing compulsory enforcement of civil judgments.

Article 44. Exemption and Reduction of Enforcement Costs

1. An individual debtor may be considered for exemption or reduction of enforcement costs by the head of the competent enforcement agency if they fall under any of the following circumstances:

a) Having income insufficient to maintain a minimum standard of living or being in a particularly difficult economic situation due to natural disasters or fire.

The minimum income level shall be determined according to the poverty standard defined in Clause 2, Article 22 of this Decree.

b) Belonging to a policy family or having made contributions to the revolution.

c) Being single, disabled, or suffering from prolonged illness.

2. The debtor must submit a request for consideration of exemption or reduction of enforcement costs, clearly stating the reasons for such request.

Debtors with economic difficulties who are single or orphaned must have confirmation from the People's Committee of their place of residence or work, or confirmation from the head of the organization where they receive income. Debtors belonging to policy families or those who have contributed to the revolution must provide proof issued by the competent authority. Debtors with disabilities or prolonged illness must provide a summary of their medical records confirmed by a healthcare facility at the district level or higher.

Within five working days from the date of receipt of the debtor's application and accompanying documents, the civil enforcement agency shall examine and decide on the matter of exemption or reduction of enforcement costs.

3. The level of exemption or reduction of enforcement costs shall be determined as follows:

a) Debtors falling under point a and c of Clause 1 of this Article may be considered for a reduction of half of the enforcement costs payable.

b) Debtors falling under point b of Clause 1 of this Article, who have paid at least half of the enforcement costs, may be considered for exemption of the remaining enforcement costs.

4. Any person responsible for errors in the valuation procedure, or for issuing decisions on exemption or reduction of enforcement costs contrary to regulations, leading to the state budget having to pay for enforcement costs, shall be liable to reimburse that amount to the state budget.

The decision on exemption or reduction of enforcement costs may be revoked or annulled by the head of the civil enforcement agency if it is discovered that the subject of enforcement has engaged in acts of disposing of, concealing money or assets to evade enforcement, or providing false grounds to obtain exemption or reduction of enforcement costs.

Article 45. Advance Payment, Budget Preparation, Execution, and Settlement of Enforcement Costs

1. Advance payment of enforcement costs shall be implemented as follows:

a) The state budget shall allocate a portion of funds in the budget of the enforcement agency to cover advance payments for enforcement costs. The specific allocation for each enforcement agency shall be assigned by the Ministry of Justice and the Ministry of National Defense after consultation with the Ministry of Finance within the approved budget.

When enforcement costs from the judgment debtor or creditor cannot be collected, the civil enforcement agency shall advance funds from its allocated budget to the Enforcement Officers to organize enforcement proceedings.

b) Prior to organizing enforcement proceedings, the Enforcement Officer must prepare an enforcement plan or estimate enforcement costs in cases where a plan is not required, and submit it for approval by the head of the enforcement agency. The budget for enforcement expenses shall be prepared based on current national regulations on expenditure and cost levels, and shall be notified to the debtor before the enforcement proceedings commence, as stipulated in Articles 39, 40, 41, 42, and 43 of the Civil Enforcement Law.

Based on the estimated enforcement costs and the approved enforcement plan, the Enforcement Officer shall process an advance payment for enforcement activities from the budget allocated by the state budget to the enforcement agency, except when the debtor voluntarily pays the advance enforcement costs.

2. The preparation, execution, and settlement of enforcement cost budgets shall be guided by the Ministry of Finance and the Ministry of Justice.

Article 46.

27 (

(Repealed)

Article 47 |||

28

(Repealed)

Article 48.

29

(Repealed)

Article 49. Procedures for Payment of Money and Delivery of Executed Assets

1.30 In cases where money is paid to execute judgments according to point b, Clause 2, Article 47 of the Civil Execution Law, those persons entitled to execution who have requested execution according to judgments and decisions currently being organized for enforcement by that enforcement agency up to the time of the decision on compulsory enforcement or the record of voluntary delivery of assets shall be prioritized for payment.

In cases where multiple persons are to receive a specific asset or share a sum of money as stipulated in Clause 1, Article 7 of this Decree, the Enforcement Officer shall implement procedures for the execution of judgments for those who have requested enforcement; organize the transfer of money and assets to those who have requested or those entitled to execution present at the time of payment and delivery of assets. The rights and legitimate interests of other persons entitled to execution under such judgments and decisions shall be resolved through agreement or in accordance with civil laws.

2. For sums of money paid to individuals, the civil enforcement agency shall notify in writing requesting the recipient to come and collect.

After fifteen days from the date of notification, if the recipient does not come to collect due to their distance from the civil enforcement agency's office, their clear address has been determined, and the amount of money is less than one month's basic salary for state officials, civil servants, public employees, and armed forces as prescribed by the State, the civil enforcement agency shall issue a payment voucher and send the money to them via postal service. If the postal service returns the money due to no recipient, the civil enforcement agency shall handle it according to the provisions of Clause 5 of this Article.

If the recipient provides an account and requests a bank transfer, the civil enforcement agency shall process the bank transfer.

3. In cases where the person entitled to execution is a business, state agency, social organization, or socio-economic organization, the payment of execution money shall be made by bank transfer.

In cases where the civil enforcement agency collects execution money but fails to deposit it into the temporary holding account within the prescribed period, and the person entitled to execution sends a legally authorized representative to collect, the civil enforcement agency may pay them in cash.

4. When executing at the premises, if both the obligor and the person entitled to execution are present, the Enforcement Officer may immediately pay the party the amount of money or assets collected, after deducting the execution fee. The payment and delivery must be recorded in a protocol detailing the time, place, name of the party, reason, content of the handover, amount of money or assets, signatures and names of the party, Enforcement Officer, and confirmation by the People's Committee of the locality where the payment and delivery take place. The protocol must be handed over to the party, kept in the execution file, and transferred to the accounting department of the civil enforcement agency for record-keeping.

5. The civil enforcement agency shall process the deposit of money into the bank, or the storage of assets through leasing storage or storage in the agency's warehouse for the amounts of money and assets as stipulated in Clause 2, Article 126 of the Civil Execution Law in the following situations:

a) Amounts of money and assets whose recipients' addresses cannot be determined or amounts of money that exceed fifteen days from the date of notification, except for cases stipulated in Clause 3 of this Article, where the person entitled to execution did not come to collect.

After depositing the money or storing the assets, if the recipient comes to collect, the civil enforcement agency shall pay the money or deliver the assets to the recipient. Interest earned on the deposit will be added to the initial deposit amount and paid to the recipient.

After five years from the date the judgment or decision becomes legally effective or one year from the date of notification for cases where money is collected after five years from the date the judgment or decision becomes legally effective, and the person entitled to execution does not come to collect, the head of the civil enforcement agency shall issue a decision to transfer the money or assets to the state treasury and submit them to the state budget.

b) Amounts of money and assets that have been collected but the execution is suspended or temporarily halted for reconsideration of the judgment or decision through cassation or retrial procedures.

6. Postal charges for transferring money or bank transfer fees, and leasing storage fees for assets as stipulated in this Article shall be borne by the recipient of the money or assets.

Article 50. Judicial Assistance in Civil Enforcement

1. Provincial civil enforcement agencies and Military Zone Enforcement Departments may request foreign competent authorities to provide judicial assistance during the execution of judgments and decisions.

In cases where the execution of a judgment is being carried out by a district-level civil enforcement agency and requires judicial assistance, such agency shall prepare a judicial entrustment file and submit it to the provincial civil enforcement agency for the purpose of entrusting judicial assistance.

2. The procedures and formalities for requesting judicial assistance shall be carried out in accordance with international treaties to which Vietnam is a party and laws on judicial assistance.

3.32 For cases involving the execution of judgments requiring judicial entrustment, they shall be handled as follows:

a) Within six months from the date the Ministry of Justice sends a valid judicial entrustment file, if all requested results are received, the civil enforcement agency shall carry out the execution of the judgment in accordance with the law.

If the results of the judicial entrustment are not satisfactory, the civil enforcement agency shall entrust judicial assistance again. If the second entrustment does not yield satisfactory results, the civil enforcement agency shall proceed according to point b of this clause.

b) If there are no results within the time limit specified in point a of this clause or if there is a notification that the judicial entrustment cannot be executed, the notification of the entrusted document and other documents related to the execution of the judgment shall be carried out in accordance with Article 43 of the Civil Enforcement Law.

c) In cases of entrusting judicial assistance for the delivery of papers and documents related to the assets or personal status of the parties, if the entrustment is unsuccessful or the party does not come to collect them, within ten days from the end of the time limit specified in point a of this clause or from the date of the notification, the enforcement agency shall send the documents to the person concerned; if the address of the recipient cannot be determined, the documents shall be sent to the agency or organization that issued the documents or the representative office of the country where the issuing agency or organization is located.

4. Foreign judicial assistance in civil enforcement shall be carried out as follows:

a) Provincial civil enforcement agencies and Military Zone Enforcement Departments have the authority to accept and process requests for judicial assistance from foreign competent authorities related to civil enforcement.

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

Article 51. Departure of Persons Subject to Enforcement

1.33 A person subject to enforcement who has not yet fulfilled their obligations under a judgment or decision may be temporarily suspended from departure, except in the circumstances provided for in Clause 2 of this Article.

The head of the civil enforcement agency shall issue a decision on temporary suspension of departure and send it to the immigration management agency in the following cases:

a) At the request of the person entitled to enforcement;

b) There is evidence indicating that departure would affect the legitimate rights and interests of the State, organizations, or individuals, or to ensure the enforcement of the judgment.

The suspension of departure, extension, lifting, or cancellation of the suspension of departure shall be carried out in accordance with the law on entry and exit.

Where an agency or organization is obligated to enforce a judgment or decision, the temporary suspension of departure shall apply to the legal representative of that agency or organization, unless otherwise provided by law. Upon receiving a notice of change in the legal representative of the agency or organization or in the circumstances provided for in Clause 4 of this Article, the civil enforcement agency shall send a document to the immigration management agency to adjust the information.

2. For persons subject to enforcement who are obligated to execute judgments or decisions concerning money or property and fall under any of the following circumstances, they may not be considered for temporary suspension of departure:

a) They have sufficient assets to fulfill their obligations and have authorized another person to handle the enforcement matter related to those assets; the authorization must be notarized and irrevocable.

b) They have authorized another person who has sufficient assets and commits to fulfilling the obligations on their behalf; the authorization must be notarized and irrevocable.

c) With the consent of the person entitled to enforcement;

d) The statute of limitations for enforcement has expired without grounds for accepting an overdue enforcement request;

đ) They are foreigners committing minor offenses and suffering from serious illness or having no assets or income in Vietnam, and have submitted a commitment to fulfill their obligations upon returning to their home country.

The commitment must be confirmed by the diplomatic mission of the country of which the person is a national in Vietnam regarding the urging of the person to fulfill their obligation to pay taxes and fees to the state budget in accordance with Vietnamese law;

e)34 There is a document from the police agency or the diplomatic mission proposing permission to depart in cases where the individual is a person committing serious, very serious, or extremely serious offenses and suffering from serious illness or having no assets or income in Vietnam but is not allowed to depart by the person entitled to enforcement or the address of the person entitled to enforcement cannot be determined or the person entitled to enforcement is a foreigner who has returned to their home country and other special cases.

3. When a person subject to enforcement authorizes another person to handle the enforcement matter on their behalf, the civil enforcement agency shall notify the authorized person about the enforcement matter.

If the person subject to enforcement departs abroad, the notification shall be made by telegraph, fax, email, or other means if requested and does not hinder the work of the civil enforcement agency.

4.35 The lifting or cancellation of the temporary suspension of departure shall be carried out when there is a supervisory or retrial decision revoking the judgment or decision being enforced, when the basis for the temporary suspension of departure no longer exists, or in the circumstances provided for in Clause 2 of this Article.

Chapter III

AUTHORITIES FOR ENFORCEMENT OF CIVIL JUDGMENTS, AUTHORITIES FOR ENFORCING CIVIL JUDGMENTS, PERSONS ENGAGED IN THE ENFORCEMENT OF CIVIL JUDGMENTS

Section 1. AUTHORITIES FOR ENFORCEMENT OF CIVIL JUDGMENTS, AUTHORITIES FOR ENFORCING CIVIL JUDGMENTS

Article 52. SYSTEM OF CIVIL ENFORCEMENT AUTHORITIES

1. The system of civil enforcement authorities, except for the system of enforcement authorities within the military as provided for in Article 54 of this Decree, shall be organized and managed centrally and uniformly, comprising:

a) At the central level: The Central Office of Civil Enforcement under the Ministry of Justice is the authority for managing civil enforcement;

b) At the provincial level: The Provincial Civil Enforcement Office under the Central Office of Civil Enforcement (hereinafter referred to collectively as the Provincial Civil Enforcement Office) is the authority for enforcing civil judgments under the Central Office of Civil Enforcement;

c) At the district level: The District Civil Enforcement Office under the district, town, city under province (hereinafter referred to collectively as the District Civil Enforcement Office) is the authority for enforcing civil judgments under the Provincial Civil Enforcement Office.

2. The Central Office of Civil Enforcement and the civil enforcement authorities have legal personality, seals with the National Emblem, offices, and separate bank accounts.

3. The Minister of Justice shall stipulate the classification and management levels for civil servants, officials, and workers under the system of civil enforcement authorities.

Article 53. TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE CENTRAL OFFICE OF CIVIL ENFORCEMENT UNDER THE MINISTRY OF JUSTICE

1. The Central Office of Civil Enforcement is an agency under the Ministry of Justice, performing the function of assisting the Minister of Justice in state management of civil enforcement work as prescribed in Article 167 of the Civil Enforcement Law, state management of administrative enforcement work as prescribed in the Administrative Procedure Code, related legal documents, and implementing specialized management over civil enforcement and administrative enforcement.

2. The Central Office of Civil Enforcement shall be organized vertically. Agencies under the Central Office of Civil Enforcement at the central level include bureaus, departments, and equivalent units.

3. The functions, tasks, powers, and organizational structure of the Central Office of Civil Enforcement shall be stipulated by the Prime Minister.

Article 54. SYSTEM OF ENFORCEMENT AUTHORITIES WITHIN THE MILITARY

The system of enforcement authorities within the military comprises:

1. At the Ministry of Defense: The Ministry of Defense Enforcement Bureau is the authority for managing enforcement under the Ministry of Defense;

2. At the Military Region and equivalent level: The Military Region Enforcement Office and equivalent (hereinafter referred to collectively as the Military Region Enforcement Office) is the enforcement authority under the Military Region and equivalent.

The Ministry of Defense Enforcement Bureau and the Military Region Enforcement Office have legal personality, seals with the National Emblem, offices, and separate bank accounts.

Article 55. TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF DEFENSE ENFORCEMENT BUREAU AND MILITARY REGION ENFORCEMENT OFFICE

1. The Ministry of Defense Enforcement Bureau is an agency under the Ministry of Defense, performing the function of advising and assisting the Minister of Defense in coordinating with the Minister of Justice in state management of enforcement work within the military as prescribed in Article 168 of the Civil Enforcement Law, related legal documents, and implementing specialized management over civil enforcement within the military.

The Ministry of Defense Enforcement Bureau has an organizational structure consisting of subordinate departments and divisions; it has a Director, Deputy Directors; Department Heads, Deputy Department Heads; Division Chiefs, Deputy Division Chiefs, Junior Enforcement Officers, Senior Enforcement Officers, Chief Enforcement Officers, defense and professional military personnel engaged in enforcement work.

2. The Military Region Enforcement Office is an agency under the Military Region and equivalent, performing the function of civil enforcement and other tasks and powers as prescribed by law.

The Military Region Enforcement Office has a Head of Enforcement Authority concurrently serving as the Department Head, a Deputy Head of Enforcement Authority concurrently serving as the Deputy Department Head, Junior Enforcement Officers, Mid-level Enforcement Officers, Senior Enforcement Officers, Reviewers, Senior Reviewers, Chief Reviewers, Enforcement Secretaries, defense and professional military personnel engaged in enforcement work.

3. The functions, tasks, powers, and organizational structure of the Ministry of Defense Enforcement Bureau and the Military Region Enforcement Office shall be stipulated by the Ministry of Defense.

Section 2. ENFORCERS, INSPECTORS, SECRETARIES, HEADS, AND DEPUTY HEADS OF CIVIL EXECUTION AUTHORITIES

Article 56. Appointment and Recruitment of Enforcers

1. The appointment to the rank of Enforcer must be through a recruitment examination in accordance with the laws on civil execution and the laws on cadres and civil servants, except for cases of appointment without examination as provided for in this Decree.

2. The Ministry of Justice organizes the recruitment examination for Enforcers; specifies the content, form, and procedures for the recruitment examination for junior Enforcers.

The content and form of examinations for promotion from junior Enforcer to intermediate Enforcer, and from intermediate Enforcer to senior Enforcer shall be carried out in accordance with the laws on cadres and civil servants and the laws on civil execution.

3. The Minister of Justice shall take the lead and coordinate with the Minister of Home Affairs to establish the professional standards and code numbers for the ranks of Enforcers for the Minister of Home Affairs to promulish.

Article 57. Conditions for Participation in Recruitment Examinations for Enforcers

1. Meeting the criteria for the rank of Enforcer as stipulated in Article 18 of the Civil Execution Law.

2. Not being under criminal investigation or disciplinary review but without a final decision by the competent authority, and other cases as prescribed by the laws on cadres and civil servants.

Article 58. Preliminary Selection and Nomination for Recruitment Examination for Enforcers

1. The Director of the Civil Execution Enforcement Branch shall prepare a list of personnel from their unit participating in the recruitment examination for Enforcers and submit it to the Director of the Civil Execution Enforcement Department; the Head of the Civil Execution Enforcement Office at the Military Region shall prepare a list of personnel from their unit participating in the recruitment examination for Enforcers and submit it to the Director of the Civil Execution Enforcement Department of the Ministry of National Defense.

2. The Director of the Civil Execution Enforcement Department shall nominate personnel from the Civil Execution Enforcement Department and subordinate Civil Execution Enforcement Branches to participate in the recruitment examination for Enforcers; the Director of the Civil Execution Enforcement Department of the Ministry of National Defense shall nominate personnel from the Civil Execution Enforcement Offices at the Military Regions to participate in the recruitment examination for Enforcers.

3. The Directors and Deputy Directors of the Civil Execution Enforcement Departments for civil execution authorities; the Directors and Deputy Directors of the Civil Execution Enforcement Department of the Ministry of National Defense for Civil Execution Enforcement Offices at the Military Regions shall conduct preliminary selection for those proposed to participate in the recruitment examination for Enforcers.

4. The Ministry of Justice shall specify the conditions, preliminary selection process, and application forms for non-civil servants participating in the recruitment examination for Enforcers, and the cases where civil servants from civil execution authorities in one province participate in the recruitment examination for the rank of Enforcer in another province's civil execution authority.

Article 59. Application for Participation in Recruitment Examination for Enforcers

1. An application for participation in the recruitment examination submitted by the candidate.

2. A recommendation letter from the Director of the Civil Execution Enforcement Department for civil execution authorities or the Director of the Civil Execution Enforcement Department of the Ministry of National Defense for Civil Execution Enforcement Offices at the Military Regions.

Article 60. Receipt and Review of Applications for Recruitment Examination for Enforcers

1. The General Bureau of Civil Execution Enforcement shall receive and examine applications for the examination; announce the list of candidates meeting the conditions and criteria for the recruitment examination for Enforcers of civil execution authorities.

2. The Civil Execution Enforcement Department of the Ministry of National Defense shall receive and examine applications for the examination; announce the list of candidates meeting the conditions and criteria for the recruitment examination for Enforcers of Civil Execution Enforcement Offices at the Military Regions.

Article 61. Examination Board for Enforcement Officers

1. The Minister of Justice decides to establish the Examination Board for Junior Enforcement Officers upon the proposal of the Director General of Civil Enforcement Agency.

2. The Examination Board for Junior Enforcement Officers assists the Minister of Justice in organizing examinations for Junior Enforcement Officers and has the following tasks and powers:

a) Announcing the examination plan for the Enforcement Officer position; examination rules and regulations; subjects, examination format, examination time, and examination location;

b) Organizing the preparation of examination questions; establishing the Examination Committee and the Grading Committee;

c) Directing and organizing the examination; reporting the examination results to the competent authority for review and issuance of a decision recognizing the examination results;

d) Resolving complaints and denunciations from candidates.

3. The establishment of the Examination Board for upgrading ranks from Junior Enforcement Officer to Intermediate Enforcement Officer, and from Intermediate Enforcement Officer to Senior Enforcement Officer shall be carried out in accordance with the laws on cadres and civil servants and the laws on civil enforcement.

Article 62. Appointment of Enforcement Officers

1. The Examination Board for Enforcement Officers sends the examination results to the Ministry of Justice. Based on the examination results, the Civil Enforcement Agency Directorate compiles a report for the Minister of Justice to consider and decide on the appointment of Enforcement Officers in accordance with the provisions.

2. The Director of the Civil Enforcement Agency prepares the dossier to send to the Civil Enforcement Agency Directorate for the Minister of Justice to consider and decide on the appointment of Enforcement Officers in accordance with Clauses 6 and 7 of Article 18 of the Civil Enforcement Law.

The Minister of Justice specifies the detailed dossier for the appointment of Enforcement Officers in accordance with this provision.

Article 63. Selection and Appointment of Enforcement Officers without Examinations

1. The selection and appointment of Enforcement Officers without examinations in border areas, islands, and regions with particularly difficult socio-economic conditions shall be applied from July 1, 2015 to June 30, 2020, when the following conditions are met:

a) The Civil Enforcement Agency at the district level, not being the provincial capital, has a regional allowance coefficient of 0.3 or higher, located in border areas, islands, and regions with particularly difficult socio-economic conditions;

b) The person selected for appointment as an Enforcement Officer commits to working at the Civil Enforcement Agency mentioned in point a of this clause for five years or more.

2. The list of Civil Enforcement Agencies eligible for the selection and appointment of Enforcement Officers without examinations is attached as an appendix to this Decree.

3. The appointment and removal of Enforcement Officers in cases stipulated in Clause 1 of this Article shall be decided by the Minister of Justice based on the recommendation of the Selection Board for Enforcement Officers.

4. The Selection Board for Enforcement Officers is established at the provincial level, consisting of the Chairman of the Board being the Chairman or one Vice-Chairman of the Provincial People's Committee; the Vice-Chairman of the Board being the Director of the Civil Enforcement Agency; members being representatives of the Heads of the Department of Personnel Administration, the Department of Justice, and the Executive Board of the Bar Association at the provincial level; the Secretary assisting the work being the Head of the Cadre and Civil Servant Organization Department of the Civil Enforcement Agency. The list of the Board is decided by the Minister of Justice based on the proposal of the Chairman of the Provincial People's Committee;

The Board operates under a collective system. Sessions of the Board are convened by the Chairman of the Board upon the request of the Director of the Civil Enforcement Agency. The Board only conducts sessions when at least two-thirds of its members participate. All decisions of the Board are made during the session of the Board; decisions are passed when more than half of the total number of members vote in favor.

Article 64. Procedure for Removing Enforcement Officers

1. The Director of the Civil Enforcement Agency prepares the dossier to propose the removal of Enforcement Officers from the civil enforcement agency; the Director of the Ministry of National Defense's Enforcement Agency prepares the dossier to propose the removal of Enforcement Officers from the military region enforcement office.

2. The dossier to propose the removal of Enforcement Officers includes:

a) A resignation letter from the Enforcement Officer, if any, clearly stating the reasons for requesting removal;

b) (Repealed)

c) A proposal to remove the Enforcement Officer issued by the Director of the Civil Enforcement Agency regarding Enforcement Officers from the civil enforcement agency or by the Director of the Ministry of National Defense's Enforcement Agency regarding Enforcement Officers from the military region enforcement office.

Article 65. Dismissal of Enforcement Officers

An Enforcement Officer may be dismissed under one of the following circumstances:

1. Violating legal provisions during the execution of enforcement tasks without reaching the level of being forced to resign or being prosecuted criminally but it is deemed necessary to apply the disciplinary measure of dismissal.

2. Seriously violating the provisions of Article 21 of the Civil Enforcement Law and it is deemed necessary to apply the disciplinary measure of dismissal.

The procedure for considering the proposal for the Minister of Justice to decide on the dismissal of Enforcement Officers shall be carried out according to the regulations on discipline for civil servants.

Article 66. Reviewers

1. Reviewers are civil servants with the task of assisting the head of the enforcement management agency, the enforcement agency, and the management and enforcement agencies in the military to carry out review tasks and other tasks as prescribed by law.

2. Military reviewers are officers and professional soldiers in the Vietnam People's Army.

3. The Minister of Justice shall stipulate the professional standards of Reviewers after coordinating with the Minister of Home Affairs.

Article 67. Duties and Authorities of Reviewers

1. Conduct reviews and inspections of enforcement cases that have been and are being executed; review and verify cases involving complaints and denunciations according to the directives of the head of the enforcement management agency and the enforcement agency; review statistics, reports, civil enforcement data, and other relevant files and documents related to civil enforcement work.

2. Develop plans, organize implementation, or coordinate with relevant agencies and units to verify, inspect, and propose solutions according to assigned tasks.

3. Advise the head of the agency to respond to objections and suggestions from the People's Procuracy within their authority.

4. Perform other tasks assigned by the head of the agency.

Article 68. Responsibilities of Reviewers

1. Reviewers must set an example in complying with the law, continuously strive and train to maintain the standards of Reviewers.

2. When conducting reviews and inspections, Reviewers must comply with legal provisions, bear responsibility before the law and the head of the agency for the performance of assigned tasks.

3. Reviewers shall not engage in the following actions:

a) Actions prohibited by laws on cadres and civil servants and other related laws;

b) Colluding with the subjects of review and those involved in the review and inspection process to distort the results of the review and inspection;

c) Conducting reviews and inspections without a decision from an authorized person;

d) Illegally interfering with the review and inspection process or using their influence to affect responsible persons when they perform review and inspection tasks;

đ) Misusing their position and authority in review and inspection to commit illegal acts; harassing, causing difficulties, and inconvenience to the subjects of review and inspection; shielding the subjects of review and inspection and those related;

e) Disclosing or providing review and inspection information and materials to unauthorized persons before a conclusion is made.

4. Reviewers shall not participate in reviews and inspections where there is a direct interest or obligation involving the following individuals:

a) Spouse, biological or adopted children;

b) Biological or adoptive parents, grandparents, great-grandparents, uncles, aunts, brothers, sisters, and cousins of the Reviewer, or spouse of the Reviewer;

c) Grandchildren where the Reviewer is a grandparent, uncle, aunt, or cousin.

Article 69. Appointment, Promotion, and Transfer of Enforcement Inspector

1. Matters concerning the appointment to the rank, transfer of Enforcement Inspector; the content and form of examination for promotion from Enforcement Inspector to Enforcement Inspector (Main), from Enforcement Inspector (Main) to Senior Enforcement Inspector shall be carried out in accordance with the provisions of laws on cadres and civil servants and laws on enforcement of civil judgments.

2. The Ministry of National Defense shall organize a Council to examine and propose the Minister of Justice to appoint Enforcement Inspectors in the military who meet the conditions.

Article 70. Transfer, Rotation, and Detachment of Enforcement Officers and Enforcement Inspectors

1. Authority to transfer, rotate, and detach Enforcement Officers and Enforcement Inspectors

a) The Minister of Justice decides on the transfer, rotation, and detachment of Senior Enforcement Inspectors not holding leadership positions; Enforcement Officers and Enforcement Inspectors currently holding leadership positions within the authority of the Minister of Justice to appoint;

b) The Director of the Civil Enforcement General Department decides on the transfer, rotation, and detachment of Enforcement Officers and Enforcement Inspectors from one province to another; Enforcement Officers currently holding the position of Deputy Director of the Civil Enforcement Department, Enforcement Inspectors currently holding the position of Deputy Head of the Department and equivalent positions within the Civil Enforcement General Department, except in cases provided for in point a of this clause;

c) The Director of the Civil Enforcement Department decides on the transfer, rotation, and detachment of Enforcement Officers and Enforcement Inspectors under his/her management. In cases where Enforcement Officers and Enforcement Inspectors holding leadership positions are transferred or rotated, a report must be submitted to seek the opinion of the authority responsible for appointing such leadership positions before implementing the transfer or rotation, except in cases provided for in point b of this clause.

2. Procedures and formalities for transferring, rotating, and detaching Enforcement Officers and Enforcement Inspectors shall be implemented in accordance with the provisions of laws on enforcement of civil judgments, laws on cadres and civil servants, and guidelines of the Ministry of Justice; for Enforcement Officers of military enforcement agencies and Enforcement Inspectors in the military, they shall be implemented in accordance with the regulations of the Ministry of National Defense.

3. The Ministry of Justice and the Ministry of Finance shall stipulate financial support systems for those being rotated or detached.

Article 71. Enforcement Secretary

1. An Enforcement Secretary is a specialized civil servant in civil enforcement, responsible for assisting Primary Enforcement Officers, Intermediate Enforcement Officers, and Senior Enforcement Officers in carrying out procedures and formalities for enforcing civil judgments, or assisting Enforcement Inspectors, Main Enforcement Inspectors, and Senior Enforcement Inspectors in performing tasks to review cases that have been and are being enforced, reviewing and verifying cases involving complaints and denunciations regarding civil enforcement according to the law.

2.38 The Minister of Justice shall stipulate the professional standards of Enforcement Secretaries after reaching consensus with the Minister of Interior.

3. Enforcement Secretaries in the military are officers or professional soldiers. Regulations on standards, conditions, procedures, and formalities for appointing, relieving, and dismissing Enforcement Secretaries in the military shall be prescribed by the Minister of National Defense.

Article 72. Standards, Authority, Procedures, and Formalities for Appointing, Reappointing, Relieving, Resigning, Demoting, and Dismissing Heads and Deputy Heads of Civil Enforcement Agencies

1. The Head and Deputy Head of a Civil Enforcement Sub-Department must meet the following criteria:

a) Must be a Primary Enforcement Officer or higher;

b) Must possess political integrity, moral character, clean lifestyle, organizational discipline awareness, and a sense of responsibility in work;

c) Must have practical experience in civil enforcement;

d) Must have managerial capabilities and the ability to organize the implementation of tasks of the Civil Enforcement Sub-Department;

đ) Other criteria as prescribed by law.

2. The Head and Deputy Head of a Civil Enforcement Department must meet the following criteria:

a) Must be an Intermediate Enforcement Officer or higher;

b) Must possess political integrity, moral character, clean lifestyle, organizational discipline awareness, and a sense of responsibility in work.

c) Must have practical experience in civil enforcement;

d) Must have managerial capabilities and the ability to organize the implementation of tasks of the Civil Enforcement Department;

đ) Other criteria as prescribed by law.

3. The Minister of Justice shall appoint, reappoint, rotate, relieve, resign, demote, and dismiss the Head of a Civil Enforcement Department.

The appointment, reappointment, rotation, relief, resignation, demotion, and dismissal of the Deputy Head of a Civil Enforcement Department, the Head and Deputy Head of a Civil Enforcement Sub-Department shall be carried out according to the classification of the Minister of Justice.

4. The Minister of Justice shall provide detailed regulations for Clause 1, Clause 2, and Clause 3 of this Article.

5. The Minister of National Defense shall stipulate standards, procedures for appointing, reappointing, rotating, relieving, and dismissing the Head and Deputy Head of a Civil Enforcement Agency at the Military Region level.

Part 3. CARDS, AUXILIARY TOOLS, UNIFORMS, BADGES, RANKS AND REGULATIONS FOR ENFORCEMENT OFFICERS, AUDITORS, AND CIVIL EXECUTION OFFICERS

Article 73. Enforcement Officer and Auditor Cards

1. Enforcement officers and auditors shall be issued cards for use during the performance of their duties; when changing positions or titles, they shall exchange for new cards appropriate to their new positions or titles; upon ceasing to hold their positions, they must return their cards; if an enforcement officer or auditor loses their card, they must immediately report it to the nearest public security agency and the civil execution agency where they work.

2. Enforcement officer and auditor cards shall be issued by the Ministry of Justice.

3. The model of the cards, issuance, replacement, and recovery procedures for enforcement officer and auditor cards shall be stipulated by the Minister of Justice.

Article 74. Objectives and Types of Auxiliary Tools for Civil Execution

1. The Civil Enforcement Agency, District Civil Enforcement Agency, and Military Zone Enforcement Department may equip auxiliary tools for enforcement officers to use in accordance with the law.

2. The types of auxiliary tools that can be equipped and used in civil execution include:

a) Electric batons, rubber batons, and electric gloves;

b) Spraying devices containing tear gas or sedatives;

c) Shotguns using plastic bullets, rubber bullets, tear gas cartridges, sedative cartridges, and other ammunition suitable for these shotguns.

Article 75. Planning and Equipping Auxiliary Tools for Civil Execution

1. Based on Clause 2 of Article 74 of this Decree, each year, the Director of the Civil Enforcement Agency shall prepare a plan for equipping auxiliary tools for civil enforcement agencies under their management, to be submitted to the Director of the Civil Enforcement General Department for consideration and decision.

The Director of the Civil Enforcement General Department decides the quantity and types of auxiliary tools to be equipped for civil enforcement agencies.

2. The head of a civil enforcement agency shall assign auxiliary tools to enforcement officers for use when performing official duties. When assigning auxiliary tools, a list must be made and a receipt signed by the head of the civil enforcement agency for the user.

Article 76. Procurement, Transportation, Repair, Management, and Use of Auxiliary Tools for Civil Execution

1. The procurement, transportation, repair, management, and use of auxiliary tools shall be carried out in accordance with the laws governing the management and use of weapons, explosives, and auxiliary tools.

2. The equipping, procurement, transportation, repair, and management of auxiliary tools for civil execution for the Military Zone Enforcement Department shall be implemented according to regulations set by the Ministry of National Defense.

Article 77. Disposal and Destruction of Auxiliary Tools for Civil Execution

1. Each year, civil enforcement agencies must inspect and classify the quality of each type of auxiliary tool equipped. In cases where auxiliary tools cannot be repaired or restored, the Civil Enforcement Agency will compile a list of auxiliary tools requiring disposal and destruction from its own department and subordinate branches, and propose to the competent authority to accept, classify, dispose of, and destroy auxiliary tools.

2. The disposal and destruction of auxiliary tools shall be carried out in accordance with the legal provisions regarding procedures, formalities, authorities, and funding for the acceptance, collection, classification, storage, disposal, and destruction of weapons, explosives, and auxiliary tools.

The results of the disposal and destruction of auxiliary tools by the Civil Enforcement Agency shall be reported to the Director of the Civil Enforcement General Department for monitoring.

3. The disposal and destruction of auxiliary tools for civil execution for the Military Zone Enforcement Department shall be carried out according to regulations set by the Ministry of National Defense.

Article 78. Wages and Allowances for Enforcement Officers, Reviewers, Enforcement Secretaries, and Other Civil Servants Involved in Civil Enforcement Work

1. Enforcement Officers, Reviewers, Enforcement Secretaries, other civil servants, and other individuals involved in civil enforcement work shall be entitled to salary scales, occupational responsibility allowances, and other preferential treatment as prescribed by law.

2. Junior Enforcement Officers, Intermediate Enforcement Officers, Senior Enforcement Officers, Reviewers, Principal Reviewers, and Senior Reviewers shall be assigned to Group 1 of Category A1, A2, and A3 salary scales for professional and technical staff in state agencies.

Enforcement Secretaries shall be assigned to Category A1 salary scale for professional and technical staff in state agencies. Intermediate Enforcement Secretaries shall be assigned to Category B salary scale for professional and technical staff in state agencies.

3. Enforcement Officers, Reviewers, Enforcement Secretaries, defense and military professionals engaged in civil enforcement work within the military shall be entitled to occupational responsibility allowances and other preferential treatment.

Article 79. Badges and Insignia for Civil Enforcement

1. The badge for civil enforcement on the hat shall be circular in shape made of metal, with two pairs of pine branches surrounding the outer edge, a five-pointed golden star at the center, surrounded by golden ears of corn, and a golden gear wheel below the star. The phrase "ENFORCEMENT" in red color shall be inscribed outside the badge on the pine branches.

2. The insignia for civil enforcement includes shoulder badges and sleeve badges.

a) Shoulder badge: made of dark blue fabric with a red border. On the badge's background, there is a circular shape at the top with a raised five-pointed star in the middle, surrounded by two pine branches, and in the middle of the badge, there are gold metallic stars.

b) Sleeve badge includes types such as single pine branch made of metal; fabric badge, rectangular shape, dark blue background, with a sword shield in the middle, and a gold metallic border or without a metallic border around it.

The use of sleeve badges shall be applied according to each position; the title of civil servant and other individuals involved in civil enforcement work.

Article 80. Recipients of Badges and Insignias for Civil Enforcement

1. Enforcement Officers, Reviewers, other civil servants, and other individuals involved in civil enforcement work under the Civil Enforcement General Department under the Ministry of Justice, and civil enforcement agencies shall be issued badges and insignias to perform their duties as prescribed by law.

2. Badges and insignias for Enforcement Officers and other positions in management agencies and civil enforcement agencies in the military shall be implemented according to regulations of the Ministry of National Defense.

Article 81. Insignia for Civil Servants and Other Individuals Involved in Civil Enforcement Work

1. The insignia for the leadership of the Civil Enforcement General Department is as follows:

a) The shoulder badge of the Director of the Civil Enforcement General Department has no stripes, with two gold metallic five-pointed stars arranged vertically in the middle, and at the end of the badge, there are two crossed pine branches made of gold metallic; the sleeve badge is a single gold pine branch.

b) The shoulder badge and sleeve badge of the Deputy Director of the Civil Enforcement General Department shall be implemented as specified in point a of this clause, but in the middle of the shoulder badge, there is one gold metallic five-pointed star.

2. The insignia for the leadership of units under the Civil Enforcement General Department is as follows:

a) The shoulder badge of the head of units under the Civil Enforcement General Department has four gold metallic five-pointed stars arranged in two horizontal and two vertical positions on the badge, and at the end of the badge, there are two parallel gold metallic stripes across the width; the sleeve badge of the head of units under the Civil Enforcement General Department is a fabric badge, rectangular shape, dark blue background, with a sword shield in the middle, and a gold metallic border around it.

b) The shoulder badge and sleeve badge of the deputy head of units under the Civil Enforcement General Department shall be implemented as specified in point a of this clause, but in the middle of the shoulder badge, there are three gold metallic five-pointed stars arranged in two horizontal and one vertical position on the badge.

3. The insignia for the leadership of the Civil Enforcement Bureau is as follows:

a) The shoulder badge of the Director and Deputy Director of the Civil Enforcement Bureau is the insignia of the rank held by that person.

b) The sleeve badge of the Director and Deputy Director of the Civil Enforcement Bureau is a single gold pine branch.

4. The insignia for the leadership of units under the Civil Enforcement Bureau and the leadership of the Civil Enforcement Sub-bureau is as follows:

a) The shoulder badge of the head of units and the deputy head of units under the Civil Enforcement Bureau is the insignia of the rank held by that person.

b) The shoulder badge of the Director and Deputy Director of the Civil Enforcement Sub-bureau is the insignia of the rank held by that person.

c) The sleeve badge of the head of units and the deputy head of units under the Civil Enforcement Bureau; the Director and Deputy Director of the Civil Enforcement Sub-bureau is a fabric badge, rectangular shape, dark blue background, with a sword shield in the middle, and a gold metallic border around it.

5. The insignia for Enforcement Officers is as follows:

a) The shoulder badge of Senior Enforcement Officers has two vertical yellow threads in the middle of the badge, with four gold metallic five-pointed stars arranged in two horizontal and two vertical positions on the badge; the sleeve badge is a fabric badge, rectangular shape, dark blue background, with a gold metallic sword shield in the middle.

b) The insignia on the shoulder strap and on the lapel of a mid-level enforcement officer shall be implemented as prescribed in point a of this clause, but in the middle of the insignia on the shoulder strap, there shall be three metallic gold cube-shaped stars arranged in a position with two stars horizontally aligned and one star vertically aligned within the insignia;

c) The insignia on the shoulder strap and on the lapel of a junior-level enforcement officer shall be implemented as prescribed in point a of this clause, but in the middle of the insignia on the shoulder strap, there shall be two metallic gold cube-shaped stars arranged vertically within the insignia;

6. The insignia of a civil execution inspector, other civil servants, and other persons engaged in civil enforcement work shall be as follows:

a) On the shoulder strap of a senior inspector, senior specialist, and equivalent positions, there shall be four metallic gold cube-shaped stars arranged in a position with two stars horizontally aligned and two stars vertically aligned within the insignia, with the end of the insignia being two parallel metallic gold stripes running horizontally; the insignia on the lapel shall be made of fabric, rectangular in shape, with a dark blue background, and in the middle, there shall be a metallic gold sword-shaped shield;

b) The insignia on the shoulder strap and on the lapel of a principal inspector, principal specialist, and equivalent positions shall be implemented as prescribed in point a of this clause, but in the middle of the insignia on the shoulder strap, there shall be three metallic gold cube-shaped stars arranged in a position with two stars horizontally aligned and one star vertically aligned within the insignia;

c) The insignia on the shoulder strap and on the lapel of an inspector, specialist, and equivalent positions shall be implemented as prescribed in point a of this clause, but in the middle of the insignia on the shoulder strap, there shall be two metallic gold cube-shaped stars arranged vertically within the insignia;

d) The insignia on the shoulder strap and on the lapel of other civil servants and other persons engaged in civil enforcement work shall be implemented as prescribed in point a of this clause, but in the middle of the insignia on the shoulder strap, there shall be one metallic gold cube-shaped star located centrally within the insignia, with the end of the insignia being one horizontal metallic gold stripe;

Article 82. Uniforms for persons engaged in civil enforcement work

1. Enforcement officers, inspectors, other civil servants, and other persons engaged in civil enforcement work under the Civil Enforcement General Bureau under the Ministry of Justice, the Civil Enforcement Bureau under the Ministry of National Defense, civil enforcement agencies, and civil enforcement agencies within the military shall be provided uniforms to perform their duties in accordance with the provisions of the law;

2. The uniforms provided for persons engaged in civil enforcement work include: Autumn-winter trousers, winter outer coat, winter thermal jacket, spring-summer outerwear, long-sleeved shirt, nameplate on the chest, leather shoes, leather belt, leather sandals, socks, necktie, raincoat, kepi hat, enforcement helmet, leather bag for carrying documents;

3. The Minister of Justice shall prescribe the model, color, and principles for using uniforms for persons engaged in civil enforcement work to be uniformly applied throughout the country, except in cases prescribed in Clause 4 of this Article;

4. The issuance and use of uniforms for enforcement officers, inspectors, defense officials, and professional military personnel engaged in civil enforcement work at the Civil Enforcement Office of the Military Region, and the Civil Enforcement Bureau under the Ministry of National Defense shall be regulated by the Minister of National Defense.

Article 83. Service Life, Distribution, and Use of Uniforms, Badges, and Insignia for Civil Enforcement Officers

1. The service life of uniforms is as follows:

a) Outer winter clothing: 01 set for 03 years;

b) Winter overcoat: 01 piece for 03 years;

c) Winter thermal jacket: 01 piece for 03 years, to be provided to civil servants, employees, and workers under indefinite-term labor contracts in units located from Thua Thien Hue northward and in the Central Highlands region;

d) Spring and summer outerwear: 02 sets for 02 years;

đ) Long-sleeved shirt: 01 piece for 01 year;

e) Winter ceremonial attire: 01 set for 05 years;

g) Summer ceremonial attire: 01 set for 03 years;

h) Leather shoes: 01 pair for 01 year;

i) Leather belt: 01 piece for 01 year;

k) Leather sandals: 01 pair for 01 year;

l) Socks: 02 pairs for 01 year;

m) Necktie: 02 pieces for 02 years;

n) Raincoat: 01 piece for 01 year;

o) Kepi hat: 01 piece for 02 years;

p) Civil enforcement helmet: 01 piece for 02 years;

q) Leather briefcase: 01 piece for 02 years.

2. The distribution and use of uniforms shall be as follows:

a) Enforcement officers, Reviewers, other civil servants, and other personnel involved in civil enforcement shall be provided uniforms according to the service life specified in Clause 1 of this Article. For the first time, winter clothing and spring and summer outerwear will be provided with 02 sets; long-sleeved shirts will be provided with 02 pieces;

b) In cases where uniforms are lost or damaged for valid reasons, they may be replaced or exchanged.

3. Enforcement officers, Reviewers, other civil servants, and other personnel involved in civil enforcement shall be provided badges and insignia for use during a period of 03 years 01 set, with 02 sets being provided initially. Upon expiration of the service life, new badges and insignia shall be issued. When there is a change in position or title, or when badges or insignia are lost or damaged, they shall be replaced or reissued. When transferring to another job, Enforcement officers, Reviewers, other civil servants, and other personnel involved in civil enforcement shall be responsible for returning their badges and insignia to the head of the civil enforcement agency where they work.

Chương IV

ĐIỀU KHOẢN CHUYỂN TIẾP VÀ THI HÀNH

39

Điều 84. Hiệu lực thi hành và điều khoản chuyển tiếp

1. Nghị định này có hiệu lực thi hành từ ngày 01 tháng 9 năm 2015 và thay thế Nghị định số 74/2009/NĐ-CP ngày 09 tháng 9 năm 2009 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật Thi hành án dân sự về cơ quan quản lý thi hành án dân sự, cơ quan thi hành án dân sự và công chức làm công tác thi hành án dân sự; Nghị định số 58/2009/NĐ-CP ngày 13 tháng 7 năm 2009 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật Thi hành án dân sự về thủ tục thi hành án dân sự; Nghị định số 125/2013/NĐ-CP ngày 14 tháng 10 năm 2013 của Chính phủ sửa đổi, bổ sung một số điều của Nghị định số 58/2009/NĐ-CP ngày 13 tháng 7 năm 2009 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật Thi hành án dân sự về thủ tục thi hành án dân sự.

2. Đối với các việc thi hành án đã thi hành một phần hoặc chưa thi hành xong trước khi Nghị định này có hiệu lực thi hành nhưng đã thực hiện các thủ tục về thi hành án theo đúng quy định của Luật Thi hành án dân sự và các văn bản hướng dẫn thi hành thì kết quả thi hành án được công nhận; các thủ tục thi hành án tiếp theo được tiếp tục thực hiện theo quy định của Nghị định này.

3. Tổ chức, cá nhân có thẩm quyền tổ chức thi hành án dân sự áp dụng các quy định về trình tự, thủ tục thi hành án quy định tại Nghị định này, trừ trường hợp pháp luật có quy định khác.

Điều 85. Trách nhiệm thi hành và hướng dẫn thi hành

1. Thủ trưởng cơ quan thi hành án, Chấp hành viên, công chức làm công tác thi hành án, cá nhân và tổ chức khác không thi hành đúng bản án, quyết định, trì hoãn việc thi hành án, áp dụng biện pháp cưỡng chế thi hành án trái pháp luật, vi phạm các quy định về thủ tục thi hành án dân sự thì tùy theo mức độ vi phạm bị xử lý hành chính hoặc bị truy cứu trách nhiệm hình sự, nếu gây ra thiệt hại thì phải bồi thường.

2. Các Bộ trưởng, Thủ trưởng cơ quan ngang Bộ, Thủ trưởng các cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc Trung ương chịu trách nhiệm thi hành Nghị định này.

Bộ trưởng Bộ Tư pháp trong phạm vi nhiệm vụ, quyền hạn của mình phối hợp với các Bộ, ngành có liên quan hướng dẫn thi hành các điều, khoản được giao và những nội dung cần thiết khác của Nghị định này để đáp ứng yêu cầu quản lý nhà nước về công tác thi hành án dân sự./.

 

Nơi nhận: - Bộ trưởng (để b/c); - Văn phòng Chính phủ (để đăng Công báo); - Cổng Thông tin điện tử Bộ Tư pháp (để đăng tải); - Lưu: VT, TCTHADS (3b).

XÁC THỰC VĂN BẢN HỢP NHẤT KT. BỘ TRƯỞNG THỨ TRƯỞNG Mai Lương Khôi