Joint Circular No. 14/2010/TTLT-BTP-TANDTC-VKSNDTC guiding certain issues regarding civil enforcement procedures and inter-agency coordination in civil enforcement.

JOINT CIRCULAR

Guidelines on certain issues regarding civil enforcement procedures and inter-agency coordination in civil enforcement

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Based on the Civil Procedure Code dated June 15, 2004;

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

Pursuant to the Law on Organization of the People's Courts dated April 2, 2002;

Pursuant to the Law on Organization of the People's Procuratorates dated April 2, 2002;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

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

The Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy guide the implementation of certain issues regarding civil enforcement procedures and inter-agency coordination in civil enforcement as follows:

PART I

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

Article 1. Recommendations concerning court judgments and decisions

Clause 1. In cases where it is discovered that parts of the judgment or decision of the court contain unclear points causing difficulties for enforcement or errors in spelling or numerical data due to mistakes or miscalculations, the enforcement agency has the right to request in writing from the court that issued the judgment or decision to explain the unclear points, correct spelling errors, or numerical data errors. The court requested shall be responsible for responding to the issues raised in the written request of the civil enforcement agency.

The explanation in writing of unclear points, correction of spelling errors, or numerical data errors shall be carried out in accordance with Articles 240 and 382 of the Civil Procedure Code and Article 179 of the Civil Enforcement Law. The court's response document serves as the basis for the enforcement agency to issue an enforcement decision, a decision to revoke or amend the previously issued enforcement decision. A new enforcement decision must be issued within five working days from the date of receipt of the document and should include content to continue maintaining the results of the enforcement process if there were no procedural or enforcement procedure errors in the previous organization of enforcement.

Clause 2. In cases where grounds exist to review according to the cassation or revision procedure for judgments and decisions of the court that have taken legal effect and are being enforced, the head of the enforcement agency currently organizing the enforcement of the case shall be responsible for recommending to the authority with jurisdiction to review such judgments and decisions. Within forty-five days from the date of receipt of the recommendation document, the authority with jurisdiction must respond to the recommendation. Clause 3. For cases where there is a recommendation document requesting a review of the judgment or decision but no response document is received within the time limit stipulated in Clause 3 of Article 179 of the Civil Enforcement Law, or although the time limit has not yet expired, a response document from the competent authority stating that there is no basis to accept the party's complaint or to lodge a cassation or revision protest is received, the enforcement agency shall organize the enforcement of the judgment or decision that has taken legal effect.

The head of the enforcement agency shall notify the President of the Court and the Procurator General with jurisdiction about not receiving a response document from the authority with jurisdiction.

Article 2. Issuing an enforcement decision

Clause 1. In cases where multiple requests for enforcement related to one judgment or decision are received at the same time, depending on the content of the judgment or decision of the court, the number of requests, the time of receipt of the enforcement request, the scope of the enforcement request, and the deadline for issuing an enforcement decision, the issuance of one or more enforcement decisions shall be carried out in accordance with Article 5 of Decree No. 58/2009/NĐ-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law on civil enforcement procedures.

Clause 2. In cases where multiple parties are jointly liable, if the person subject to enforcement requests one or some of the parties who are required to enforce the joint liability to fulfill the entire obligation, the enforcement agency shall issue an enforcement decision against that person.

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

2. Clause 4. In cases where the party has lost capacity for civil acts, is a minor without parents, cannot determine the parents, both parents have lost capacity for civil acts, are limited in capacity for civil acts, have been restricted by the court in parental rights, or parents do not have the conditions to care for and educate the minor, and if the parents make a request, the head of the enforcement agency shall issue an enforcement decision based on the request of the guardian.

Clause 5. In cases where the party has authorized another person to request enforcement, the head of the enforcement agency shall issue an enforcement decision based on the request of the authorized person.

Clause 4. For judgments and decisions of administrative courts, the civil enforcement agency only accepts and issues an enforcement decision for the part of the obligation regarding property such as litigation fees, compensation for damages, return of property, and transfer of land specified in the judgment or decision of the court. Other contents of the judgment or decision, such as dismissing the lawsuit, upholding the administrative decision, or revoking the administrative decision, which do not clearly specify specific rights and obligations regarding the aforementioned property items, shall be enforced by the competent administrative authority..

Clause 5. For judgments and decisions that declare a combined monetary penalty including an amount already resolved in a judgment or decision with legal effect and currently being organized for enforcement, the enforcement agency does not issue an enforcement decision but sends a recommendation document to the authority with jurisdiction to review according to the cassation procedure for the judgment or decision declaring the combined monetary penalty.

When a judgment or decision of the court accepts the party's request to change the maintenance amount, and the matter is currently being organized for enforcement by the enforcement agency, the head of the enforcement agency shall issue a decision to revoke the previously issued enforcement decision and issue a new enforcement decision based on the new judgment or decision. The change in the maintenance amount shall take effect from the date specified in the new judgment or decision of the court, except in cases where the parties have agreed otherwise.

When there is a court judgment or decision accepting the party's request to change the maintenance amount, if the enforcement agency is organizing the execution of the maintenance order, the head of the enforcement agency shall issue a decision to revoke the previously issued enforcement decision and issue a new enforcement decision in accordance with the new judgment or decision. The change in the maintenance amount shall be implemented starting from the date specified in the new judgment or decision of the court, except where the parties have agreed otherwise. 

5. In cases where a judgment or decision has been partially or fully executed and there is a protest, the enforcement agency shall immediately inform the protesting party of the execution results. The cassation or re-trial court shall be responsible for sending a notification regarding the execution results to the agency tasked with reinvestigation or the court tasked with retrial. When reconsidering and deciding on the rights and obligations of the parties, the court shall consider the reported execution results to calculate and offset them appropriately with the execution results and the obligations and rights of the parties. When a new judgment or decision of the court is issued for execution, the enforcement agency shall issue an enforcement decision in accordance with the provisions of the law. Where the amount already executed for the person entitled to enforcement exceeds that stipulated in the new judgment or decision, the enforcement agency may compel such person to return it to the enforcement agency to organize enforcement according to the new judgment or decision. In cases where a portion of a judgment or decision subject to protest has been executed through auction and is now annulled or amended, the enforcement agency shall continue to complete the procedures for the buyer at auction in accordance with the law, except where the auction procedure violates the law.

Article 3. Notification of enforcement

1. In cases where direct notification is difficult due to remote locations, inconvenient transportation, the notified party having multiple contact addresses, non-fixed residence, frequent absence from home during working hours, the party being detained or under arrest, and other similar circumstances, the notification shall be carried out via postal service using registered mail.

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

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

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

5. In cases where notification is delivered through another person, the notifier must prepare a record specifying the name, position, address of the substitute recipient; date and time of receipt; relationship between them and the notified party (if any); commitment to hand over directly or notify the notified party immediately. The record must have signatures of both the recipient and the notifier.

6. If the recipient refuses or deliberately fails to accept the notification, the notifier must prepare a record of refusal and specify the reason with confirmation from a witness. The notified party shall be deemed to have received a valid notification.

Public posting shall be carried out at the office of the civil enforcement agency, the People's Committee of the commune where the notified party resides or last resided, and at the place of residence or last known residence of the notified party. Determination of the place of residence shall be carried out in accordance with the law on residence.

In cases of public posting for auction, the location of the posting shall be carried out in accordance with the law on auction. 

Article 4. Verification of Execution Conditions

1. For property that must be registered, transfer ownership, or usage rights, verification shall be based on purchase contracts, exchange contracts, assignment contracts, or gift contracts, certificates of ownership or usage rights; through the owner, local authorities, competent agencies, or witnesses such as confirmation from the seller, local authorities, or competent agencies regarding the sale of the property.

2. In cases where execution is suspended due to the debtor's death without heirs, verification must be conducted through local authorities, household registration management agencies, places of residence, or the last known place of residence of the debtor. The results of the verification shall be publicly announced via mass media at the central level for those with rights and obligations to be aware and protect their interests. After thirty days from the date of the valid public announcement, if there is no objection, it shall be considered as grounds for suspending execution.

Article 5. Execution Against Joint Liability Obligations

1. Where the judgment or decision of the Court does not clearly specify the portion of liability of each person, the enforcement agency may require one or more persons who have the ability to execute the judgment to fulfill the entire joint liability obligation.

2. Where the judgment or decision of the Court clearly specifies the portion of liability of each person and they all have the ability to execute the judgment, the enforcement agency may require each person to fulfill their respective portion of the liability.

3. If a person with joint liability obligations does not have the ability to execute the judgment, the enforcement agency may require other persons who have the ability to execute the judgment to fulfill the obligations on their behalf. The person who fulfills the obligations on behalf of another has the right to request the other person with joint liability obligations to repay the portion of the obligation fulfilled according to Article 298 of the Civil Code.

Article 6. Seizure and Disposal of Property for Enforcement

1. From the time of the first-instance judgment or decision, if the person subject to execution sells, exchanges, assigns, gifts, mortgages, guarantees, pledges their property to others, does not recognize the property as their own, and does not use the proceeds to satisfy the judgment, then the property will still be seized for enforcement, except where otherwise provided by law. In case of disputes, the Enforcement Officer shall guide the parties to initiate litigation before the Court to protect their rights and legitimate interests. After thirty days from the date of notification, if no lawsuit is initiated, the enforcement agency will dispose of the property for enforcement. 2. Procedures for resolving requests from civil enforcement agencies or parties regarding determination of ownership, division of property, or resolution of disputes over ownership or usage rights arising during the enforcement process shall be carried out according to the provisions of the Civil Procedure Code as stipulated in Clause 4, Article 179 of the Law on Civil Enforcement.

From the time of the effective judgment or decision or in cases where preventive measures, urgent temporary measures, security measures, or coercive enforcement measures have been applied, if the property is sold, exchanged, assigned, gifted, mortgaged, guaranteed, pledged to others, and the person subject to execution does not recognize the property as their own, then the property will be seized and disposed of for enforcement.

2. Procedures for Resolving Requests of the civil enforcement agency or the parties regarding the determination of ownership, division of property, or resolution of disputes over ownership or usage rights arising during the enforcement process shall be carried out according to the provisions of the Civil Procedure Code as stipulated in Clause 4, Article 179 of the Law on Civil Enforcement.

After thirty days from the date of notification, if no lawsuit is initiated, the enforcement agency will dispose of the property according to the law; if a lawsuit is initiated, the enforcement agency will only dispose of the property when the judgment or decision of the Court becomes legally effective.

3. For property that has been legally pledged or mortgaged and whose value equals or is less than the amount owed under the pledge or mortgage contract, the Enforcement Officer must notify the pledgee or mortgagee of the obligations of the person subject to execution; request the pledgee or mortgagee to notify the enforcement agency to seize the pledged or mortgaged property when the borrower fulfills the signed contract or to seize the remaining money or property (if any) after the pledgee or mortgagee disposes of the property to settle the signed contract.  4. In cases where the person subject to execution proposes to seize specific property among multiple properties, and the proposal does not hinder the execution of the judgment and the property is sufficient to satisfy the judgment and related costs, the Enforcement Officer shall record an explanation to the parties about bearing all related costs for disposing of the property and proceed to seize the property for enforcement. The parties are not restricted from conducting transactions with other remaining properties.

5. The enforcement agency will only seize other assets of the enterprise subject to execution if, after deducting the balance (Vietnamese dong, foreign currency), disposing of gold, silver, precious metals, gemstones, other valuable papers; and deducting the assets of the person subject to execution held by other agencies, enterprises, or individuals, it is still insufficient to satisfy the judgment.

In cases where the property proposed for seizure by the person subject to execution is insufficient to satisfy the enforcement obligations and related costs, the Enforcement Officer must require the person subject to execution not to conduct transactions with other remaining properties.

5. The enforcement agency will only seize other assets of the enterprise subject to execution if, after deducting the balance (Vietnamese dong, foreign currency), disposing of gold, silver, precious metals, gemstones, other valuable papers; and deducting the assets of the person subject to execution held by other agencies, enterprises, or individuals, it is still insufficient to satisfy the judgment.

Article 7. Transfer of Execution Rights and Obligations

1. In cases where the obligation to return property is executed but the person subject to execution has died, and there is someone directly managing or using the property, the enforcement agency shall set a deadline not exceeding thirty days for the person managing or using the property of the person subject to execution to transfer the property to the person entitled to execution. If they fail to comply with this deadline or if the property does not have anyone directly managing or using it, the enforcement agency shall organize the transfer of the property, including compulsory transfer of the property to the person entitled to execution in accordance with the provisions of the law.

 2. In cases where the person subject to the obligation to pay money has died and left behind property, the enforcement agency shall issue a notice and set a deadline not exceeding thirty days for the heir or the administrator of the deceased's estate to agree on the implementation. After this deadline, if the heir or the administrator of the estate cannot reach an agreement on the implementation of the deceased's obligations, the enforcement agency shall apply measures to ensure execution, including compulsory measures against the property left by the person subject to execution to ensure execution, while setting a thirty-day deadline from the date of notification for those related to the property to initiate proceedings. If no one initiates proceedings within this deadline, the enforcement agency shall handle the property to enforce the judgment according to the provisions of the law.

Chapter II

COOPERATION RELATIONS IN CIVIL ENFORCEMENT WORK

Article 8. Supervision of Execution Activities

The tasks, powers of the People's Procuracy, and the procedures and formalities for supervising compliance with the law in execution activities are carried out in accordance with the Law on the Organization of the People's Procuracy and the law on execution.

The People's Procuracy at all levels shall carry out supervision of civil enforcement activities of the civil enforcement agencies at the same level and subordinate levels according to the annual inspection plan established at the beginning of the year or on an ad hoc basis as required by work.

At the conclusion of the supervision of civil enforcement agency activities, the People's Procuracy must issue a supervision conclusion.

When discovering violations of the law in decisions or actions of the head of the civil enforcement agency or the Enforcement Officer, the Chief Prosecutor of the People's Procuracy must issue a protest document requiring the violation to be rectified.

Article 9. Delivery of Execution Decisions

1. The civil enforcement agency shall deliver directly or send by post office the decisions on execution to the People's Procuracy at the same level within three working days from the date of issuance of the decision, except for the enforcement plan which must be sent immediately.

2. Decisions on handling complaints and denunciations regarding civil execution issued by the Director of the Civil Enforcement General Department shall be sent immediately to the Supreme People's Procuracy (through the Department of Execution Supervision) to supervise compliance with the law in handling complaints and denunciations regarding civil execution.

Article 10. Coordination in Execution

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

2. At least once a year, the Department of Execution Supervision under the Supreme People's Procuracy, the Civil Enforcement General Department under the Ministry of Justice, and the specialized court of the Supreme People's Court shall cooperate to inspect civil execution work and coordination in civil execution at local levels; promptly inspect and unify measures to resolve cases of execution that have difficulties or differing viewpoints. The time and plan for organization shall be initiated by the Civil Enforcement General Department.

3. The leadership of the People's Procuracy, the People's Court, and the civil enforcement agencies at local levels must regularly coordinate to effectively implement execution work. When encountering difficulties, the heads of the civil enforcement agencies, the Presidents of the People's Courts, and the Chiefs of the People's Procuracies at all levels must promptly report to the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court to take unified measures to resolve them.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Circular takes effect from September 15, 2010, and replaces the following documents: Joint Circular No. 981/TTLN dated September 21, 1993, of the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court guiding the implementation of certain provisions of the Civil Execution Ordinance, and Joint Circular No. 12/2001/TTLT-BTP-VKSTC dated February 26, 2001, of the Ministry of Justice and the Supreme People's Procuracy guiding the implementation of certain provisions of civil execution laws. 

Article 12. Implementation Organization

During implementation, if there are difficulties or need for supplementation or amendment, the civil enforcement agencies, People's Courts, and People's Procuracies at all levels must promptly report to the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court to take measures to resolve them./.