This proposal describes the process of execution organization between the Execution Office and the Enforcement Agency, including verification of conditions for execution, application of security measures, transfer of execution files when necessary, and termination of execution organization. It also addresses the cooperation responsibilities between both parties during this process.
Đối tượng áp dụng
Execution Office and Enforcement Agency
Các điểm cốt lõi
- Verification of Conditions for Execution
- Application of Security Measures
- Transfer of Execution Files Between the Execution Office and the Enforcement Agency
- Payment of Remaining Execution Amount to the Debtor
- Termination of Execution Organization
🌐 Tác động xã hội từ văn bản này
- Enhancing Effectiveness in the Implementation of Court Judgments and Decisions
- Reducing Time and Costs Associated with the Execution Process
- Ensuring Legal Rights for All Relevant Parties
❓ Câu hỏi thường gặp
When may the Execution Office terminate the execution organization?
The Execution Office may terminate the execution organization when it has completed its work under the service contract or upon receipt of a written request from the party concerned to transfer the file to the Enforcement Agency.
How is the remaining amount of the debtor transferred?
After completing the payment of the execution amount, the civil enforcement agency will notify the Execution Office of the remaining amount. The Execution Office will then request the enforcement agency to transfer this amount.
What are the responsibilities of the Enforcement Agency when receiving a file from the Execution Office?
Upon receipt of the execution decision from the Execution Office, the Enforcement Agency must inform the Execution Office and continue organizing the implementation of the judgment or decision.
Toàn văn
|
MINISTRY OF GOVERNMENT OFFICIALS _________ No: 151/2026/NĐ-CP |
THE SOCIALIST REPUBLIC OF VIETNAM _________________________________________ Hanoi, May 13, 2026 |
DECREE
Regulating the organization and activities of offices for civil enforcement, Enforcement Officers
implementing civil judgments, Execution Officer
BASED ON Decree No. 63/2025/QH15 on Organization of the Government;
BASED ON Decree No. 106/2025/QH15 on Implementation of Civil Judgments;
BASED ON Decree No. 59/2020/QH14 on Enterprises, as amended and supplemented by Decrees Nos. 3/2022/QH15 and 76/2025/QH15;
IN ACCORDANCE WITH the proposal of the Minister of Justice;
THE GOVERNMENT ISSUES THIS DECREE to regulate the organization and activities of offices for civil enforcement, Enforcement Officers.
CHAPTER I
GENERAL PROVISIONS
Article 1. Scope of Application
This Decree details points a of clause 4, clauses 5 of article 26, clauses 4 and 5 of articles 27, 29, clauses 4 and 9 of article 30, and clause 5 of article 116 of the Civil Judgment Enforcement Law, as well as measures to organize and guide the implementation of the Civil Judgment Enforcement Law regarding the organization and activities of offices for civil enforcement, Enforcement Officers.
Article 2. Interpretation of Terms
In this Decree, the following terms are understood as follows:
1. Service is the act of notifying, delivering documents, files, and materials carried out by an Enforcement Officer in accordance with the provisions of this Decree and other relevant laws.
2. Warrant is a document recording factual events or actions witnessed directly by an Enforcement Officer, established according to requests from individuals, organizations, or entities as provided for in this Decree.
Article 3. Cooperation between Agencies, Organizations, and Individuals with Offices for Civil Enforcement, Enforcement Officers
1. Within the scope of their duties and powers, agencies, organizations, and individuals are responsible for cooperating with offices for civil enforcement, Enforcement Officers as provided by laws on civil judgment enforcement and other relevant laws.
2. Any obstruction or unlawful interference with the activities of offices for civil enforcement, Enforcement Officers; refusal or failure to comply with requests or suggestions from offices for civil enforcement, Enforcement Officers without legal basis; disclosure of information about the work of an Enforcement Officer shall be dealt with and compensation for damages provided by law.
CHAPTER II
ENFORCEMENT OFFICER
Article 4. Qualifications for Appointment as an Enforcement Officer
1. A person who meets all the following criteria may be considered for appointment as an Enforcement Officer:
a) Is a Vietnamese citizen not exceeding 65 years of age, residing in Vietnam, abides by the Constitution and laws, has good moral character;
b) Has at least a bachelor's degree in law or higher;
c) Has at least three years of legal work experience after obtaining a bachelor's degree in law or higher;
d) Completes a training course for Enforcement Officers or is recognized as having equivalent training according to the provisions of Article 5 of this Decree;
e) Does not fall under the circumstances specified in Article 9 of this Decree.
2. A person who has previously served as an Execution Officer and meets the criteria specified in points a, d, and e of paragraph 1 may be considered for appointment as an Enforcement Officer without undergoing the training course for Enforcement Officers.
Article 5. Training for Enforcement Officers and Recognition of Equivalent Training
1. A person who meets the criteria specified in points a and b of paragraph 1 of this Decree is eligible to participate in a training course for Enforcement Officers at an institution designated by the Ministry of Justice with the function of providing such training.
2. The duration of the training course for Enforcement Officers shall be carried out according to the framework program approved by the Minister of Justice, with a maximum period not exceeding six months, except as provided in paragraph 3 of this Article.
3. The duration of the training course for Enforcement Officers does not exceed three months for persons who meet any of the following criteria:
a) Has at least five years of experience as a judge, prosecutor, investigator, lawyer, or notary;
b) Professor, associate professor in law, doctor of law; senior lecturer, principal lecturer, senior researcher, senior research fellow in the field of law;
c) Principal assessor, senior assessor in the judiciary; principal inspector, senior inspector in the prosecution; principal assessor, senior assessor, execution officer in civil judgment enforcement.
d) Principal auditor, senior auditor;
e) Senior legal advisor, senior legal expert.
4. A person who completes a training course for Enforcement Officers as provided in paragraphs 2 and 3 of this Article shall be issued a certificate of completion of the training course for Enforcement Officers.
5. A person who has received training abroad for tasks related to Enforcement Officers may request recognition of equivalent training according to the provisions of clause 30 of the Civil Judgment Enforcement Law.
The person requesting recognition of equivalent training shall submit one set of application documents and send them directly or through postal services to the provincial administrative service center in the place where the applicant resides, or online on the National E-Government Portal. The application documents include:
a) A request for recognition of equivalent training as an Enforcement Officer according to the model form prescribed by the Minister of Justice;
b) Certificates or diplomas and their appendices, academic transcripts issued by foreign competent authorities.
Documents specified in point b of this paragraph shall be original documents or copies or electronic copies that have been apostilled, except where exempted from apostille under the law, translated into Vietnamese, and the translation must be certified with the signature of the translator.
Within 15 working days from the date of receipt of a valid application, the Department of Justice shall issue a document attached to the application requesting the provincial People's Committee Chairperson to issue a decision recognizing equivalent training as an Enforcement Officer; in case of refusal, it must notify by written communication and specify the reasons.
Within 5 working days from the date of receipt of the application for recognition of equivalent training and documents from the Department of Justice, the provincial People's Committee Chairperson shall issue a decision recognizing equivalent training as an Enforcement Officer; in case of refusal, it must notify by written communication and specify the reasons.
Within fifteen working days from the date of receipt of a valid application, the Department of Justice shall issue a document accompanying the application requesting the Chairman of the People's Committee of the province to issue a decision recognizing equivalent training for the Notary Officer; in case of refusal, it must notify in writing and specify the reasons.
Within five working days from the date of receipt of the document and application for recognition of equivalent training for the Notary Officer submitted by the Department of Justice, the Chairman of the People's Committee of the province shall issue a decision recognizing equivalent training for the Notary Officer; in case of refusal, it must notify in writing and specify the reasons.
Article 6. Content and Program of Training for Notary Practitioners
Article 6. Internship as a Notary Practitioner
1. A person who has obtained a certificate of completion from the training program for notary practitioners or an equivalent decision recognizing such training shall directly submit a registration document for internship as a notary practitioner in accordance with a form prescribed by the Minister of Justice, or through postal services to the provincial administrative service center where the office handling civil enforcement accepts internships and is located, or online on the National E-Government Portal.
Within three working days from the receipt of a complete application, the Department of Justice shall update the information of the applicant in the database of notary practitioners' organization and activities. In case updating cannot be performed according to this provision, the Department of Justice shall immediately notify in writing both the office handling civil enforcement where the internship is accepted and the intern.
2. The change of internship location shall be carried out as follows:
a) Where the change of internship location occurs within the same province or city, the intern shall directly submit a request for changing the internship location in accordance with a form prescribed by the Minister of Justice, or through postal services to the provincial administrative service center where the internship was registered or online on the National E-Government Portal.
Within two working days from receipt of the request, the Department of Justice shall update the information regarding the change of internship location in the database of notary practitioners' organization and activities. In case updating cannot be performed according to this provision, the Department of Justice shall immediately notify in writing both the office handling civil enforcement where the new internship is accepted and the intern.
b) Where the change of internship location occurs from one province or city to another, the intern shall directly submit a request for changing the internship location in accordance with a form prescribed by the Minister of Justice, or through postal services to the provincial administrative service center where the internship was registered and the new registration is sought, or online on the National E-Government Portal.
Within two working days from receipt of the request, the Department of Justice shall update the information regarding the change of internship location in the database of notary practitioners' organization and activities. In case updating cannot be performed according to this provision, the Department of Justice where the office handling civil enforcement accepting the new internship is located shall immediately notify in writing both the office handling civil enforcement where the new internship is accepted and the intern.
3. Where there are justifiable reasons, an intern may temporarily suspend his or her internship but must inform the office handling civil enforcement at his or her current internship location not later than five working days before such suspension.
4. When there is a basis for terminating the internship, the office handling civil enforcement accepting the internship shall report in writing to the Department of Justice where it is located. Within three working days from receipt of the report from the office handling civil enforcement, the Department of Justice shall update the information regarding termination of the internship in the database of notary practitioners' organization and activities.
5. The duration of internship as a notary practitioner is equivalent to the training period for notary practitioners.
The duration of internship commences from the date when the Department of Justice updates the information on the applicant's registration in the database of notary practitioners' organization and activities.
In case updating cannot be performed according to this Article, the duration of internship shall commence from the date when the Department of Justice notifies about the internship.
6. A person who falls under any of the circumstances specified in Articles 9(1), (3), (4), (5), (6) and (7) of this Decree shall not be registered for internship as a notary practitioner.
7. The internship as a notary practitioner is carried out in accordance with the provisions of the Minister of Justice.
Article 7. Inspection of Trainee Notary Practitioner Results
1. A person who has completed the trainee notary practitioner program may apply to participate in an inspection organized by the Ministry of Justice and will be issued a certificate upon meeting the requirements of the inspection.
The certificate for the results of the trainee notary practitioner program shall have no expiration date, except that if within five years from the date of issuance of such certificate, the person does not request appointment as a Notary Practitioner, the certificate will become invalid; a person whose certificate has become invalid due to this reason must reapply and meet the requirements for the results of the trainee notary practitioner program before being appointed as a Notary Practitioner.
2. The organization of the inspection of trainee notary practitioner results shall be carried out in accordance with the provisions of the Minister of Justice.
Article 8. Appointment of Notary Practitioners
1. A person who meets the criteria specified in Paragraph 4 of this Decree shall submit one set of application documents for appointment as a Notary Practitioner and send them directly or through postal services to the provincial administrative service center where the trainee period was registered, or electronically on the National Public Service Portal. The application documents include:
a) A request document for appointment as a Notary Practitioner in a form prescribed by the Minister of Justice;
b) Confirmation from the head of the agency or organization regarding the time spent working with legal matters; copies or electronic copies of the decision appointing a Legal Enforcement Officer, where applicable under Paragraph 2 of Article 4 of this Decree.
2. Within fifteen working days from the date of receipt of a valid application, the Department of Justice shall issue a document accompanying the application to request the provincial People's Committee Chairperson to appoint the Notary Practitioner; in case of rejection, it must notify by written communication and specify the reasons.
The Department of Justice is responsible for verifying the legal history information of the person applying for appointment as a Notary Practitioner. The time taken for such verification shall not be included in the period specified in this paragraph.
3. Within five working days from the date of receipt of the document and application for appointment as a Notary Practitioner by the Department of Justice, the provincial People's Committee Chairperson shall examine and decide on the appointment; in case of rejection, it must notify by written communication and specify the reasons.
In cases where necessary, the provincial People's Committee Chairperson may issue a document requesting the Department of Justice and relevant agencies or organizations to verify the appointment criteria and information in the application documents before examining and deciding on the appointment. The verification period shall not exceed thirty days from the date of the request for verification; this time is not included in the examination and decision-making period for appointing a Notary Practitioner.
4. A person applying for appointment as a Notary Practitioner must pay the fee for assessing criteria and conditions for practicing as a Notary Practitioner according to the provisions of the law on fees and charges.
Article 9. Cases Where Appointment as a Notary Practitioner is Not Permitted
1. A person who has lost or is restricted in their civil conduct capacity; or who has difficulties in perception and control of behavior according to the Civil Code.
2. A person who is currently a notary, lawyer, auctioneer, receiver, judicial appraiser, price valuation expert, or people's assessor.
3. A person who is a civil servant, public official, employee; commissioned officer, professional soldier, worker, or defense employee in an agency or unit of the People's Army of Vietnam; commissioned officer, non-commissioned officer, soldier, professional soldier, worker, or defense employee in an agency or unit of the People's Public Security Force.
4. A person who is under criminal investigation; a person who has been sentenced and whose record of conviction has not yet been expunged.
5. A person who falls within one of the cases specified herein, where the period of three years from the date of effect of disciplinary action has not expired: civil servant dismissed by administrative dismissal; public official or employee dismissed by compulsory resignation; commissioned officer, non-commissioned officer, soldier, professional soldier, worker, or defense employee in an agency or unit of the People's Army of Vietnam dismissed by administrative dismissal or compulsory resignation; commissioned officer, non-commissioned officer, soldier, or worker in an agency or unit of the People's Public Security Force dismissed by administrative dismissal or compulsory resignation.
6. A people's assessor who has been relieved of their duties, a notary, lawyer, auctioneer, receiver, judicial appraiser, price valuation expert, or legal expert whose practice certificate or practicing card has been revoked, where the period of three years from the date of revocation of such duties, certificates, or cards has not expired, or who is currently deprived of the right to use such certificates or cards.
7. A person who is subject to administrative educational measures at a commune, ward, special zone, or sent to a compulsory rehabilitation facility or a mandatory education facility.
Article 10. Suspension of Practice for Notary Public
1. A notary public shall be suspended from practice in one of the following cases:
a) Subject to criminal prosecution;
b) Subject to administrative measures for education at the commune, ward, or special zone level, or sent to a compulsory rehabilitation facility or a compulsory education facility.
Within three working days from the receipt of the decision on criminal prosecution or an administrative measure decision against the notary public, the Department of Justice where the notary public practices shall issue a suspension order. The period of suspension shall not exceed twelve months.
2. A notary public may be prematurely terminated from suspension in any of the following cases:
a) A decision to terminate investigation or prosecution has been made, or a judgment declaring the notary public innocent has become effective;
b) The notary public is no longer subject to administrative measures as provided in paragraph 1, point b of this Article.
Upon receipt of the Department of Justice's decision, the People's Committee Chair at the provincial level shall issue a decision prematurely terminating the suspension of practice for the notary public.
3. Decisions on suspension and premature termination of suspension of practice for notary public shall be sent to the notary public, the office of the enforcement of civil judgments where the notary public practices, and the People's Committee Chair at the provincial level.
Article 11. Removal from Office of Notary Public
1. A notary public may be removed from office upon personal request
The notary public shall submit a written resignation application in accordance with the model form prescribed by the Minister of Justice directly to the provincial administrative service center where the notary public is registered or appointed, if registration has not been made, or electronically through the National E-Government Portal.
Within ten working days from receipt of a valid application, the Department of Justice shall issue a document accompanying the application requesting the People's Committee Chair at the provincial level to remove the notary public; in case of refusal, it must be communicated in writing with reasons stated.
Within five working days from receipt of the Department of Justice's request, the People's Committee Chair at the provincial level shall examine and decide on the removal of the notary public; in case of refusal, it must be communicated in writing with reasons stated.
2. A notary public shall automatically be removed from office upon reaching seventy years of age
The office of the enforcement of civil judgments is responsible for reviewing and notifying the list of notaries public who have reached seventy years of age to the Department of Justice at the location where the office has its headquarters.
The Department of Justice shall update the list of automatically removed notary publics in the database of organizational activities and operations of notary publics, and publicly post this list on the Department of Justice's official website.
3. A notary public may be removed from office in any of the following cases:
a) No longer meets the standards specified in Article 4 of this Decree;
b) Has not registered for practice within one year after appointment or has not practiced as a notary public continuously for two years or more, except where due to force majeure or objective obstacles under the Civil Code or where the office of the enforcement of civil judgments is temporarily suspended in accordance with Article 19 of this Decree;
c) Has been administratively penalized twice or more within twelve months for notary public practice activities, or has seriously violated professional ethics standards for notary publics;
d) Simultaneously practices at two or more offices of the enforcement of civil judgments or is a notary public while concurrently serving as a lawyer, notary, receiver, auctioneer, judicial appraiser, or price evaluation expert, or lay assessor;
e) Has been elected or recruited to hold one of the positions specified in paragraph 3 of Article 9 of this Decree and has not requested removal from office;
f) Has been convicted by a judgment that has become effective under the court's jurisdiction;
g) Does not meet the standards for appointment as a notary public at the time of appointment;
h) Practices as a notary public during the period of suspension from practice.
4. The People's Committee Chair at the provincial level may remove a notary public based on the Department of Justice's request or independently examine and decide to remove a notary public when there are grounds specified in paragraph 3 of this Article.
Within fifteen working days from having grounds as specified in paragraph 3 of this Article, the Department of Justice shall review, prepare a file, and request the People's Committee Chair at the provincial level to remove the notary public.
Within five working days from receipt of the Department of Justice's request, the People's Committee Chair at the provincial level shall examine and decide on the removal of the notary public. If necessary, the People's Committee Chair may require the Department of Justice, other agencies, or organizations to verify that the grounds for removal are in accordance with legal provisions.
5. In cases where necessary, when there are grounds as specified in paragraph 3 of this Article, the Ministry of Justice may request the People's Committee Chair at the provincial level to examine the removal of a notary public.
6. The Department of Justice shall monitor, inspect, and cooperate with relevant agencies at the local level to promptly identify notary publics who fall under the circumstances for removal as specified in paragraph 3 of this Article; it shall ensure the recovery of the Notary Public Card upon a decision by the People's Committee Chair at the provincial level to remove the notary public.
6. The Department of Justice is responsible for monitoring, inspecting, reviewing, and coordinating with relevant local agencies to promptly identify Notary Officers who fall under the circumstances specified in Clause 3 of this Article for disqualification; to implement the recovery of the Notary Officer Card upon a decision of disqualification by the Chairman of the People's Committee of the province.
Article 12. Reappointment of Enforcement Officer
1. An enforcement officer who has been relieved from office at his or her own request may be considered for reappointment if he or she meets the criteria specified in Article 4 of this Decree.
2. An enforcement officer who has been relieved from office under paragraph 3 of Article 11 of this Decree shall only be considered for reappointment if he or she meets the criteria specified in Article 4 of this Decree and the grounds for relief no longer exist, except as provided in paragraph 4 of this article. In cases where an enforcement officer has been relieved from office under points c and d of paragraph 3 of Article 11 of this Decree, he or she may only be recommended for reappointment as an enforcement officer after a period of one year from the date when the decision to relieve him or her from office becomes effective.
3. An applicant for reappointment as an enforcement officer shall submit directly to the provincial or municipal administrative service center the application for reappointment in accordance with the model form prescribed by the Minister of Justice, or through postal services, or electronically on the National E-Government Portal. The procedures and formalities for reappointment shall be carried out in accordance with paragraphs 2 and 3 of Article 8 of this Decree.
4. An enforcement officer shall not be reappointed if he or she has been relieved from office due to practicing during a suspension period or falls under the circumstances where he or she did not meet the criteria for appointment at the time of appointment.
5. The applicant for reappointment as an enforcement officer must pay the fee for assessing the standards and conditions for practicing as an enforcement officer in accordance with the provisions of the law on fees and charges.
Article 13. Registration of Practice and Issuance, Reissuance of Enforcement Officer Card
1. The civil execution office establishes one set of registration application documents to request issuance of an enforcement officer card for its own office and sends them directly or through postal services to the provincial or municipal administrative service center where the civil execution office is located or electronically on the National E-Government Portal. The documents include:
a) A registration application document and request for issuance of an enforcement officer card in accordance with the model form prescribed by the Minister of Justice;
b) One recent 2 cm x 3 cm photograph of the enforcement officer or electronic color photo of the same size (in case of online submission on digital environment), taken no more than six months before the date of submission.
2. Within five working days from the receipt of a valid application as specified in paragraph 1, the Department of Justice issues an enforcement officer card, updates the database of enforcement officers and publishes the list of practicing enforcement officers on the Department's electronic information portal; if the application is rejected, it shall notify the applicant in writing with reasons.
3. An enforcement officer may only practice after being issued an enforcement officer card. The enforcement officer card is issued in physical or electronic form. An electronic card is manifested through a digital identity account created by the electronic identification and authentication system.
4. A new enforcement officer card shall be issued in cases of loss or damage to the original card. The civil execution office establishes one set of application documents for reissuance of an enforcement officer card for its own enforcement officers and sends them directly or through postal services to the provincial or municipal administrative service center where the civil execution office is located, or electronically on the National E-Government Portal. The documents include:
a) A request for reissuance of an enforcement officer card in accordance with the model form prescribed by the Minister of Justice;
b) One recent 2 cm x 3 cm photograph of the enforcement officer or electronic color photo of the same size (in case of online submission on digital environment), taken no more than six months before the date of submission.
Within three working days from receipt of a valid application, the Department of Justice reissues an enforcement officer card; if the application is rejected, it shall notify the applicant in writing with reasons. The reissued enforcement officer card retains the original number issued previously.
5. The blank enforcement officer cards are issued by the People's Committee of the province according to the model form prescribed by the Minister of Justice.
Article 14. Duties and Powers of Enforcement Officer
1. Duties and powers as provided by the Civil Execution Law.
2. The following duties and powers:
a) Participate in annual professional training for enforcement officers;
b) Wear the official uniform of an enforcement officer when practicing; present the Enforcement Officer Card upon practice;
c) Participate in the social-professional organizations of enforcement officers (if any); be subject to management by competent state agencies, the office of civil execution where they are practicing, and the social-professional organization where the enforcement officer is a member.
Chapter III
OFFICE OF CIVIL EXECUTION
Article 15. Scope of Operations of Civil Execution Office
1. Carry out execution activities in accordance with the provisions of the Law on Civil Execution.
2. Verify conditions for execution upon request by the parties and persons with related rights and interests.
3. Serve documents, files, and materials.
4. Issue certificates as required by agencies, organizations, or individuals.
Article 16. Organizational Structure of Civil Execution Office
1. The organizational structure of the civil execution office shall be carried out in accordance with the provisions of the Law on Civil Execution, business enterprise laws, and this Decree.
2. The civil execution office may have a professional secretary to assist enforcement officers. The professional secretary assists enforcement officers in performing legal duties as prescribed.
A professional secretary for an enforcement officer must meet the standards specified at Point (a) of Clause 1 of this Decree, possess a secondary level or higher law degree, and not fall under any circumstances specified in Article 9 of this Decree.
Article 17. Duties and Powers of Civil Execution Office
1. Duties and powers as provided by the Law on Civil Execution and other relevant laws.
2. The following additional duties and powers:
a) Publicize working hours, procedures, costs for enforcement officer services, office rules for visitors at the office premises;
b) Receive, facilitate, and manage trainees of enforcement officers during their training period at the office;
c) Facilitate participation by enforcement officers from the office in annual training and professional development programs;
d) Ensure uniforms for enforcement officers of the office.
Article 18. Professional Liability Insurance for Enforcement Officers
1. The civil execution office has the obligation to purchase professional liability insurance for enforcement officers practicing at its office from the date they are issued an Enforcement Officer Card. This obligation must be maintained throughout the operation of the civil execution office.
2. The civil execution office shall notify and send copies of the professional liability insurance contract, changes, or extensions of such contracts to the Department of Justice within five working days from the date of purchase or change.
Article 19. Temporary Suspension of Operations of Civil Execution Office
1. The civil execution office may temporarily suspend operations in accordance with business enterprise laws.
2. The civil execution office shall be temporarily suspended under any of the following circumstances:
a) Failure to appoint an enforcement officer who meets the specified qualifications as head of the civil execution office;
b) All enforcement officers of the civil execution office are temporarily suspended from practicing as enforcement officers;
c) Failure to ensure the required workspace, public reception area, document storage, and file room in accordance with legal provisions;
d) At the request of a competent authority.
3. The specific duration for temporary suspension is as follows:
a) In cases specified at points (a) and (c) of paragraph 2, up to six months;
b) In case specified at point (b) of paragraph 2, up to twelve months;
c) In the case specified at point (d) of paragraph 2, as required by a competent authority.
4. Within five working days from the occurrence of any grounds specified in points (a), (b), and (c) of paragraph 2, the Department of Justice shall issue a written request to the civil execution office to suspend operations, simultaneously update information on the national business registration database and announce on the National Business Registration Portal; notify the provincial civil execution authority, provincial police, provincial people's court, and provincial procuratorate where the civil execution office is located, as well as the Ministry of Justice.
Article 20. Termination of Operations of Civil Execution Office
1. The civil execution office shall terminate its operations in the following cases:
a) It is revoked its business registration certificate, dissolved or liquidated in accordance with the laws on business and laws on recovery and liquidation;
b) Six months have elapsed from the date of issuance of the business registration certificate without the civil execution office commencing any of the activities specified in Article 15 of this Decree;
c) It fails to continuously carry out the activities specified in Article 15 of this Decree for twelve months or more, except where such failure is due to an emergency, force majeure, objective impediments, or the expiration of a temporary suspension period as determined by the competent authority and still falls within the circumstances provided for in paragraph 2 of Article 19 of this Decree.
2. The procedures and formalities for terminating operations of the civil execution office shall be carried out in accordance with the laws on business, laws on recovery and liquidation. In cases where termination is pursuant to points b and c of paragraph 1 of this article, the Department of Justice shall issue a written request to the civil execution office to carry out the procedures and formalities for dissolution in accordance with the laws on business; simultaneously, the Department of Justice shall notify the local people's court, provincial public security bureau, provincial people's procuratorate, and Ministry of Justice where the civil execution office is located, as well as the provincial business registration authority regarding the status of the enterprise undergoing liquidation procedures to be published on the national business registration information portal.
3. Prior to termination of operations, the civil execution office shall have the obligation to pay all outstanding tax debts, settle other financial obligations, complete the procedures for terminating employment contracts with enforcement officers and staff members of the civil execution office, finalize any received work requests; in cases where it is impossible to complete such work requests, it must negotiate with the requestor regarding the termination of such requests; notify the Department of Justice about the completion of its obligations.
4. The records of the civil execution office that are terminated in accordance with paragraph 1 of this article shall be handled in accordance with paragraph 3 of Article 50 of this Decree.
5. The procedures for transferring records of the civil execution office that have ceased operations shall be carried out in accordance with the Minister of Justice.
Article 21. Information, Reporting, and Statistics
1. Every six months and annually, the civil execution office shall report to the Department of Justice at its location on its organization and activities.
The Department of Justice is responsible for compiling and reporting to the provincial people's committee and Ministry of Justice on the organizational and operational status of the civil execution offices and enforcement officers in the locality.
2. The civil execution office shall report statistical data on civil execution as prescribed by the Minister of Justice.
3. The civil execution office shall submit special reports at the request of the Ministry of Justice, Department of Justice; the Department of Justice shall submit special reports at the request of the provincial people's committee and Ministry of Justice.
4. The civil execution office shall provide reports to support inspections, audits, supervisions, and oversight activities concerning the operations and financial management, tax matters of the civil execution office in accordance with the law.
Chapter IV
JURISDICTION, SCOPE, AND PROCEDURES FOR SERVICE
FUNCTIONS OF THE EXECUTION OFFICER
Section 1
TOTAL COMPLETION
Article 22. Jurisdiction and Scope of Service for the Execution Officer
1. The execution officer shall serve documents, files, and materials from people's courts, procuratorates, and enforcement agencies within the province or city where the office of the enforcement agency is located when requested.
In cases where service is made to documents, files, and materials from a people's court, procuratorate, or enforcement agency in another province or city, the address of the person to be served must be within the province or city where the office of the enforcement agency is located.
2. The documents, files, and materials to be served include:
a) Documents, files, and materials related to civil proceedings, administrative cases, civil matters in criminal cases, and appeals and complaints by people's courts and procuratorates;
b) Documents, files, and materials of enforcement agencies.
Article 23. Agreement on Service
1. An agreement on service between the office of the enforcement agency and people's courts, procuratorates, and enforcement agencies may be entered into in the form of a service contract.
The main content of the contract includes: types of documents, files, and materials to be served; duration of performance; procedures for service; rights and obligations of each party; costs of service.
In cases where the place of service is outside the province or city where the office of the enforcement agency is located, or in remote areas with difficult access due to long distances and challenging terrain, the office of the enforcement agency may enter into a separate agreement with people's courts, procuratorates, and enforcement agencies.
2. After signing, the service contract shall be sent to the state treasury where the people's court, procuratorate, or enforcement agency maintains an account for monitoring payment of service costs to the office of the enforcement agency.
3. People's courts, procuratorates, and enforcement agencies may enter into a service contract with one or more offices of the enforcement agency.
Article 24. Procedures and Service Procedures
1. The procedures for serving documents, files, and materials from people's courts and procuratorates shall be carried out in accordance with the provisions of procedural law; the procedures for serving documents, files, and materials from enforcement agencies shall be conducted according to the provisions of civil enforcement law regarding notification of execution, sending enforcement decisions.
2. The head of the office of the enforcement agency may delegate the task of service to a business clerk, except where the parties have agreed that service must be performed by the execution officer.
3. The office of the enforcement agency and the execution officer shall bear responsibility for any inaccurate service, failure to follow procedures or timelines; they shall compensate for any loss (if any) in accordance with legal provisions.
4. The record of the service is made according to a form prescribed by the Minister of Justice.
Article 25. Notification of Service Results
1. Service is deemed complete when the execution officer has completed all procedures as required by law.
2. The execution officer must notify the people's court, procuratorate, or enforcement agency that requested service and provide evidence of completion within two working days from the date of completing the service, except where the parties have agreed otherwise.
3. The results of service shall be recorded in a register established according to a form prescribed by the Minister of Justice.
Part 2
LAYOUT OF VI-EVIDENCE
Article 26. Authority and Scope of Issuing Vi-Evidence
Enforcement officers may issue vi-evidence upon the request of an agency, organization, or individual to record factual events and actions nationwide, except as provided in Article 28 of this Decree.
Article 27. Legal Value of Vi-Evidence
1. Vi-evidence is a source of evidence for people's courts and other competent authorities to consider when resolving disputes in accordance with the law.
2. Vi-evidence serves as one of the bases for performing other lawful transactions according to the law.
3. Vi-evidence does not replace notarized documents, authenticated documents, or other administrative documents.
4. During the evaluation and consideration of the evidentiary value of vi-evidence, if necessary, people's courts and procuratorates may summon enforcement officers, agencies, organizations, or individuals to clarify the authenticity of the vi-evidence. The enforcement officers, agencies, organizations, or individuals must be present when summoned by the people's court or procuratorate.
Article 28. Cases Where Vi-Evidence Shall Not Be Issued
1. Issuing vi-evidence involving the rights and interests of oneself or one’s relatives, including: spouse, children (biological and adopted), parents (birth and foster), grandparents (paternal and maternal), great-grandparents (paternal and maternal), uncles, aunts, cousins, grandfathers, grandmothers, and siblings.
2. Violation of security, defense, state secrets preservation provisions.
3. Violation of personal privacy, individual secrecy, family secrecy as provided by law; violation of social ethics.
4. Confirmation of content or signature in a contract or transaction where the law stipulates that such matters fall within the scope of notarization and authentication; confirmation of accuracy, legality, and non-violation of social ethics of translations from Vietnamese to foreign languages or vice versa; confirmation of signatures and copies being true to the original.
5. Recording events or actions for transferring land use rights or ownership where there is no documentary evidence proving such rights according to the law.
6. Recording events or actions for performing unlawful transactions requested by the party seeking vi-evidence.
7. Recording events or actions of military personnel, police officers, civil servants, employees, and defense personnel in military agencies or units while they are performing official duties; recording events or actions of military officers, non-commissioned officers, and soldiers in police agencies or units while they are performing official duties.
8. Other cases as provided by law.
Article 29. Agreement on Issuing Vi-Evidence
1. The party requesting vi-evidence must enter into a written agreement with the head of the enforcement office regarding the issuance of vi-evidence, including:
a) The events and actions to be recorded;
b) The location and time for recording;
c) The cost of issuing vi-evidence;
d) Any other agreements (if applicable).
2. An agreement on issuing vi-evidence through electronic means, in the form of data messages as provided by law on electronic transactions, is considered a written agreement.
Article 30. Content, Form, and Procedure for Notarial Acts
1. The enforcement officer shall directly witness, establish a notarial act, and be responsible to the requestor and the law regarding the notarial acts established by him/her. In cases where necessary, the enforcement officer may invite a witness to witness the establishment of the notarial act.
When establishing a notarial act, the enforcement officer must clearly explain to the requestor about the legal value of the notarial act. The requestor must sign or point on the notarial act.
2. A notarial act is established in writing or electronically on a digital medium; the writing used for the notarial act shall be in Vietnamese, and its main content includes:
a) Name and address of the civil enforcement office; name and identification number of the enforcement officer who established the notarial act;
b) Location and time of establishment of the notarial act;
c) Name, address, personal identifier of the requestor establishing the notarial act;
d) Name, address, personal identifier of other participants (if any);
e) Content of the event or behavior recorded;
g) Other content (if any).
3. A notarial act must bear the signature of the enforcement officer, requestor, and may also bear the signature of other participants; it shall be stamped with the seal of the civil enforcement office.
In cases where a written notarial act has more than two pages, the enforcement officer signs and numbers each page; a notarial act with more than two sheets must be sealed with a seam stamp; the number of original copies for each notarial act is determined by mutual agreement among the parties.
When establishing a notarial act in writing, if the requestor or other participant cannot sign due to disability or inability to sign, pointing shall be used. The index finger must be used for pointing; if the index finger cannot be used, the middle finger may be used; and if neither can be used, another finger may be used. The enforcement officer must clearly record which finger of which hand was used for pointing.
A notarial act must include images of the enforcement officer witnessing the event or behavior, and may also include supporting documents.
A notarial act shall be sent to the requestor and stored at the civil enforcement office in accordance with Article 50 of this Decree and the law on storage.
Within three working days from the completion of establishing a notarial act, the civil enforcement office must update its database regarding the organization and activities of the enforcement officer. In cases where updating cannot be performed according to the provisions of this paragraph, the civil enforcement office shall immediately send the notarial act and supporting documents (if any) to the provincial department of justice where the civil enforcement office is located for record-keeping. Within two working days from receiving the notarial act, the provincial department of justice must record it in its database.
6. Notarial acts and records thereof are conducted according to a model prescribed by the Minister of Justice.
Article 31. Technical Correction of Notarial Acts
1. In cases where there is a technical error that does not affect the authenticity of the event or behavior established in the notarial act, the enforcement officer who established the notarial act shall be responsible for correcting such error. If the enforcement officer who established the notarial act no longer practices at the civil enforcement office, then the head of the civil enforcement office shall perform the technical correction.
2. The correction of a technical error in a notarial act is carried out through a written document that includes:
a) Number of the notarial act, date, month, and year when the notarial act was established;
b) Content before and after the correction;
c) Signature of the enforcement officer or head of the civil enforcement office who performed the technical correction and the seal of the civil enforcement office.
3. Within two working days from establishing a document for correcting a technical error, the civil enforcement office must update its database regarding the organization and activities of the enforcement officer, and simultaneously send the document for correcting a technical error to the requestor.
4. A document for correcting a technical error in a notarial act is conducted according to a model prescribed by the Minister of Justice.
4. The technical correction document is to be executed according to the model prescribed by the Minister of Justice.
Article 32. Issuance of Notarial Copy
1. The issuance of a notarial copy shall be carried out in the following cases:
a) At the request of an authorized body in writing for providing notarized file copies to facilitate supervision, inspection, investigation, prosecution, trial, enforcement related to events or actions that have been notarized or for state management purposes;
b) At the request of the requester or the party involved in the notarization (if applicable).
2. The issuance of a notarial copy shall be carried out by the office of the civil enforcement authority that is currently storing the original notarized document.
In cases where the notarized document is stored according to the provisions of Clause 3, Article 50 of this Decree, the issuance of a notarial copy shall be carried out by the entity currently storing the original notarized document.
3. The requester who requests a notarial copy as provided in Point b, Clause 1 of this Article shall pay the cost for issuing the notarial copy to the office of the civil enforcement authority.
Part 3
CONFIRMATION OF CONDITIONS FOR ENFORCEMENT
Article 33. Competence and Scope of Confirmation of Conditions for Enforcement
The enforcement officer may confirm the conditions for enforcement in the following cases:
1. Matters where the office of the civil enforcement authority organizes the enforcement;
2. At the request of a party or a person with rights and obligations related to the enforcement of judgments, decisions as provided in Article 2 of the Civil Enforcement Law.
The confirmation of conditions for enforcement by the enforcement officer shall also be carried out for judgments, decisions being enforced by another civil enforcement authority or office of the civil enforcement authority.
Article 34. Agreement on Confirmation of Conditions for Enforcement
1. The agreement on confirmation of conditions for enforcement between the requester and the office of the civil enforcement authority as provided in Clause 2, Article 33 of this Decree shall be concluded under the form of a service contract, including the following main contents:
a) The content to be confirmed, which specifically states the request for confirmation of information regarding the conditions for enforcement of the person who is required to enforce;
b) The time limit for conducting the confirmation;
c) Rights and obligations of the parties;
d) Costs for confirmation;
d) Any other agreements (if any).
2. When requesting the office of the civil enforcement authority to confirm the conditions for enforcement, the requester shall provide the judgment or decision to be enforced and any relevant documents (if applicable). In case the requester is a person with rights and obligations related to the enforcement, they must provide proof of their rights and obligations related to the enforcement.
Article 35. Decision on Confirmation and Procedure for Confirming Conditions for Enforcement
1. Within three working days from the date of signing the service contract for confirming conditions for enforcement, the head of the office of the civil enforcement authority shall issue a decision on confirmation of conditions for enforcement, except where the parties have agreed otherwise.
The decision on confirmation of conditions for enforcement shall be carried out according to a model and recorded in the register of decisions on confirmation of conditions for enforcement as prescribed by the Minister of Justice.
The decision on confirmation of conditions for enforcement must be sent to the competent people's procuratorate where the office of the civil enforcement authority is located, for supervision in accordance with the provisions of the law.
2. The enforcement officer shall carry out the procedure and process for confirming conditions for enforcement as stipulated by the laws on civil enforcement and other relevant laws.
Article 36. Confidentiality of Verification Information for Enforcement Conditions
1. Verification information for enforcement conditions shall be used solely for the purpose of enforcing a judgment or decision as provided in Article 2 of the Civil Execution Law and must comply with legal provisions.
2. Enforcement officers, civil execution offices, requestors, and relevant agencies, organizations, and individuals are responsible for maintaining the confidentiality of information provided in accordance with legal provisions.
3. Individuals, agencies, or organizations that violate the provisions of paragraphs 1 and 2 hereof shall be subject to administrative penalties depending on the nature and extent of the violation, or criminal liability may be pursued, as well as compensation for damages (if any) in accordance with legal provisions.
Article 37. Delegation of Verification for Enforcement Conditions
1. A civil execution office may delegate part or all of its duties under a service contract for verification of enforcement conditions to another civil execution office if the requestor agrees.
2. The delegation between civil execution offices must be evidenced in writing and include the following: information on the civil execution offices; information about the requestor, the content of the verification as per the signed service contract; the scope of delegation; remuneration for delegation; and any other agreements (if applicable).
Such delegation shall be communicated in writing to the competent People's Procuratorate where the delegating civil execution office is located for legal supervision in accordance with relevant laws.
3. A civil execution office receiving a delegated verification of enforcement conditions shall comply with this Decree and the Civil Execution Law.
Article 38. Responsibilities of Agencies, Organizations, or Individuals Concerned in Verification of Enforcement Conditions
1. Agencies, organizations, or individuals concerned are responsible for cooperating to provide complete, accurate, and timely information and documents as requested by enforcement officers according to the provisions of the Civil Execution Law.
2. If agencies, organizations, or individuals concerned fail to provide, delay in providing, or provide false information regarding the enforcement conditions of the person subject to execution, the individual or head of such agency or organization shall bear responsibility; if damage is caused, compensation must be provided according to legal provisions.
Section 4
ENFORCEMENT OF JUDGMENTS AND DECISIONS
AT THE REQUEST OF THE PARTY
Article 39. Right to Request Enforcement
1. For the same content of a request for enforcement in one judgment or decision, only one civil execution office or an agency with jurisdiction over civil execution may be requested to enforce it.
When requesting enforcement, the requestor commits that the content of the request has not been previously requested by any agency or office under the Civil Execution Law, or if such a request was made but the enforcement process has concluded according to regulations.
2. If prior to this, the enforcement process has concluded in accordance with point b and c of paragraph 5 of Article 31 of the Civil Execution Law, or if the request for enforcement is returned under paragraph 4 of Article 38 of the Civil Execution Law, the requestor may request another civil execution office or an agency with jurisdiction to enforce.
3. If the person subject to execution has multiple obligations in a single judgment or decision from one debtor or several jointly and severally liable debtors, only one agency or civil execution office may be requested for enforcement. In cases of joint and several liability, the person subject to execution may simultaneously request an agency or civil execution office to enforce each obligation separately.
4. If a party requests enforcement again after the conclusion of enforcement with a civil execution office in accordance with points b and c of paragraph 5 of Article 31 of the Civil Execution Law, or after an agency has returned the request for enforcement under paragraph 4 of Article 38 of the Civil Execution Law, the time limit for requesting enforcement shall not be counted.
A request for enforcement again must specify the results of previous enforcement; the content of the subsequent enforcement request and relevant information and documents.
Article 40. Resolution of Disputes over Enforcement Authority
1. Where there are multiple enforcement decisions for the same content of execution order in a single judgment or decision, the enforcement authority or office that issued the last enforcement decision shall revoke such enforcement decision.
In case of disputes over enforcement authority, the enforcement authority or office may request the head of the judicial enforcement management agency under the Ministry of Justice to examine and decide on the matter.
The request document must be accompanied by the execution order, judgment, court decision, and relevant documents.
2. Within ten working days from the date of receipt of the request as provided in paragraph 1 of this Article, the head of the judicial enforcement management agency under the Ministry of Justice shall issue a written response. In case additional information verification or consultation with the party requesting execution is required, the time for such verification and consultation does not count towards the prescribed period.
Article 41. Agreement on Enforcement
1. After receiving the execution order, the enforcement office conducts an agreement with the party requesting execution regarding the organization of enforcement. The agreement on the organization of enforcement shall be in the form of a service contract and include the following main contents:
a) The items to be executed according to the judgment or decision and the date, month, year of the execution order;
b) Rights and obligations of the parties in carrying out the request for organizational execution;
c) Remuneration, enforcement costs, and other expenses (if any); payment methods and deadlines;
d) Liability for breach of contract; dispute resolution mechanisms;
e) Other agreements (if any).
2. The conclusion of the contract may be carried out directly or on a digital platform, in written form or as an electronic document signed by all parties. In case the contract is concluded in writing, at least two copies shall be made, each with equal legal force, one for each party.
Article 42. Issuance of Execution Decisions and Procedures for Organizing Civil Enforcement
1. Within five working days from the signing of the service contract for organizing enforcement, the head of the enforcement office issues an execution decision in accordance with the laws on civil enforcement, paragraph 2 of Article 39 of this Decree, and other relevant laws.
The execution decision must be sent to the people's procuratorate and the competent enforcement authority, and communicated to the parties and those with related rights and interests as prescribed.
2. Procedures for organizing civil enforcement are carried out in accordance with the laws on civil enforcement and other relevant laws.
In case the person subject to execution voluntarily carries out the execution or the parties reach an agreement that complies with Article 36 of the Civil Enforcement Law, where property rights transfer is required, the enforcement officer shall prepare a record and organize the implementation of the agreement reached by the parties or the voluntary execution by the person subject to execution, ensuring the lawful rights and interests of all parties in civil enforcement. In case the parties agree that the recipient of execution shall receive assets to offset the amount to be executed, the enforcement officer issues a decision transferring the asset to the recipient of execution.
The decision on transferring assets must be sent to the enforcement authority that issued the decision applying security measures (if any) and the competent people's procuratorate.
The agreement reached by the parties in this case must ensure the composition, sequence, and procedures as prescribed for the enforcement officer.
Article 43. Request for Application of Enforcement Security Measures
1. The enforcement officer shall submit a written request to the competent authority of the civil execution agency to issue a decision applying security measures for enforcement in accordance with the law.
The written request must specify the enforcement obligation; the name and quantity of the assets proposed for application of security measures; the person subject to such measures; the entity, organization, or individual managing the account or asset; the basis for applying security measures and attach the following documents:
a) A copy of the judgment or decision;
b) The enforcement decision;
c) Documentation of the results of verification of conditions for enforcement as the basis for requesting application of security measures;
d) Other relevant documents (if any).
The enforcement officer shall bear legal responsibility for his request. In case the request to apply security measures is incorrect and causes damage to the person subject to such measures or a third party, he must compensate.
Where it is necessary to immediately freeze an account or asset of the debtor at the place where it is held without having a freezing decision in place, the enforcement officer shall prepare a record requesting the entity, organization, or individual managing the debtor's account or assets to freeze such account or asset.
2. Within 24 hours from the time receiving the request from the enforcement officer, the civil execution agency must assign and the assigned enforcement officer must issue a decision applying security measures in accordance with the law; if refusing to issue the decision, the civil execution agency must provide a written response and state the reasons.
Upon receipt of the decision applying security measures for enforcement, the enforcement officer shall send the decision to the competent people's procuratorate and immediately notify relevant entities, organizations, or individuals to implement in accordance with the law on civil execution.
Within five working days from the date of receiving the decision applying security measures, if the debtor does not voluntarily comply or the parties cannot reach an agreement, the enforcement officer must complete the procedures for terminating enforcement and transfer it to the civil execution agency to continue organizing enforcement in accordance with the law. In case the applicant disagrees with termination or there is any ground specified in paragraph 2 of Article 95 of the Civil Execution Law, the enforcement officer shall request the civil execution agency to issue a decision terminating the application of security measures.
Article 44. Transfer of Enforcement Files Between Civil Execution Agencies and Civil Execution Offices
1. In case the applicant requests in writing that the civil execution office terminate enforcement and transfer the file to the civil execution agency for applying security measures or compulsory enforcement measures as specified in point d, paragraph 5 of Article 31 of the Civil Execution Law, the transfer of files shall be carried out as follows:
a) The head of the civil execution office must issue a decision to withdraw part or all of the enforcement decision. The content of the withdrawal decision must specify the basis for withdrawal; the number, date, month, and year of the enforcement decision withdrawn; the results of enforcement up to the time of withdrawal (in case of partial withdrawal); legal consequences and purpose of the withdrawal;
b) The enforcement file transferred to the civil execution agency must be in accordance with the provisions at Article 12 of the Decree detailing certain articles and guiding implementation of the Civil Execution Law and related laws at the time of handover.
The transfer and receipt of files shall be recorded in a memorandum according to the form prescribed by the Minister of Justice.
2. Fees and costs for enforcement are carried out under a service contract for organizing enforcement. Enforcement costs from the date when the civil execution agency issues an enforcement decision and organizes enforcement are implemented in accordance with the law on civil execution.
3. In cases where enforcement requests after termination of enforcement at the civil execution office as specified in points b and c, paragraph 5 of Article 31 of the Civil Execution Law and resubmitting enforcement requests as specified in paragraph 4 of Article 38 of the Civil Execution Law, the civil execution office and the civil execution agency that previously organized enforcement do not need to transfer the enforcement file to the civil execution agency or civil execution office receiving the enforcement request from the party.
Article 45. Coordination Responsibility Between the Office of Civil Execution and the Enforcement Authority in Organizing Enforcement
1. Wherein, in a single judgment or multiple judgments but for one person to be executed by many persons who request the office of civil execution to notify them, there are parties requesting the enforcement authority to organize the execution, upon receipt of the decision for execution transferred from the office of civil execution in accordance with Article 42 of this Decree, the enforcement authority shall inform the office of civil execution of the fact that the enforcement authority is organizing the execution of the judgment or decisions.
2. After settlement of the fine for execution as provided in Article 54 of the Civil Execution Law and there remains money to be returned to the person who must execute, it shall be carried out as follows:
a) Within three working days from the date of final payment of the fine as provided in Article 54 of the Civil Execution Law, the enforcement authority shall notify the office of civil execution organizing the execution about the remaining amount for the person who must execute.
Within three working days from the receipt of notification from the enforcement authority, the office of civil execution shall submit a written request to the enforcement authority to transfer the remaining amount for the person who must execute to the office of civil execution.
Within three working days from the receipt of the written request from the office of civil execution, the enforcement authority shall transfer the money to the office of civil execution for organizing the execution in accordance with the law and simultaneously notify the person who must execute.
b) The office of civil execution shall notify the enforcement authority organizing the execution as provided in Clause 3, Article 74 of the Civil Execution Law to collect the amount from the person who must execute.
Article 46. Termination of Organizing Enforcement
1. Within two working days from the date when the execution and termination of service contract are completed as provided in points b, c, and d of paragraph 5 of Article 31 of the Civil Execution Law, the head of the office of civil execution shall issue a decision to recover part or all of the execution decision. The decision to revoke the execution decision must be sent to the people's procuratorate, the competent enforcement authority, and the parties as well as those with related rights and interests in accordance with the law.
For money or property collected by the office of civil execution (if any) but not received by anyone, it shall be handled according to the procedures and formalities provided in Article 59 of the Civil Execution Law. In case a decision for state treasury is required, the office of civil execution shall request the enforcement authority on the local area where the office has its headquarters to issue a decision for state treasury and transfer the amount into the national budget as per the decision of the enforcement authority, except in cases where the parties have other agreements.
2. After the termination of execution as provided in points b and c of paragraph 5 of Article 31 of the Civil Execution Law, the party has the right to request the enforcement authority or a competent office of civil execution to continue organizing the execution.
3. In case disputes arise between the office of civil execution and the party requesting execution after the termination of execution, such disputes shall be resolved by agreement in the service contract; if there is no agreement, they shall be resolved according to the provisions of civil law and civil procedure law.
Section5
DATABASE FOR ORGANIZATION AND ACTIVITIES OF
EXECUTION OFFICER; RECORDING CASE FILES
Article 47. Organization and Operation Database of Enforcement Officers
1. The organization and operation database of enforcement officers is constructed, managed centrally and uniformly throughout the country by the Ministry of Justice as the principal authority.
2. The organization and operation database of enforcement officers includes information on enforcement officers, civil execution offices; information, data, and results of professional activities of enforcement officers.
3. The Ministry of Justice shall guide the construction of a unified organizational and operational database of enforcement officers from central to local levels according to national standards throughout the country; promulgate regulations governing management, updating, utilization, use, and sharing of the organization and operation database of enforcement officers throughout the country.
People's Committee at the provincial level shall be responsible for directing and guiding the provision, updating of information in the organizational and operational database of enforcement officers within its jurisdiction in accordance with this Decree and relevant laws to ensure timely, safe, complete, and accurate information.
4. The cost of construction, management, operation, maintenance, upgrading, and enhancement of the organization and operation database of enforcement officers shall be sourced from national budget funds and other sources as prescribed by laws on national budget, public investment, science, technology, innovation, digital transformation, digital industry, and relevant laws.
Article 48. Updating, Utilizing, Using the Organization and Operation Database of Enforcement Officers
1. The management, updating, utilization, use, and sharing of information in the organization and operation database of enforcement officers must comply with data-related laws, state secrets protection laws, personal data protection laws, and other relevant laws.
2. Regulations governing management, updating, utilization, use, and sharing of the organization and operation database of enforcement officers shall clearly specify the responsibilities of individuals, agencies, and organizations involved in information updates, utilization, use, and sharing, as well as the costs associated with such utilization and use.
3. Civil execution offices and enforcement officers are responsible for timely, complete, accurate updating of information to meet the requirements for managing the organization and operation database of enforcement officers; they may utilize information in the organization and operation database of enforcement officers according to regulations specified in paragraph 2 of this Article.
Article 49. Connecting, Sharing, Providing Information in the Organization and Operation Database of Enforcement Officers
The connection, sharing, and provision of information in the organization and operation database of enforcement officers with relevant government agencies' databases and localities for state management and administrative procedures shall be carried out in accordance with regulations by the Government on managing, connecting, and sharing digital data of state organs, laws on data and electronic transactions.
Article 50. Storage of Work Files of Civil Execution Offices
1. The work files of civil execution offices include: delivery records, notarial records, verification conditions for enforcement, civil execution organization records. These files are recorded in paper or digital form as prescribed by law.
Civil execution offices shall be responsible for preserving and storing the work files at their premises according to this Decree and regulations on storage. In case of off-site storage, written consent from the Department of Justice where the civil execution office is located must be obtained.
The retention period for work files of civil execution offices shall be in accordance with legal provisions.
2. Where a competent state agency requests provision of files for supervision, inspection, investigation, prosecution, trial, enforcement purposes, the civil execution office shall provide such files as required.
3. Upon cessation of operations, the civil execution office must negotiate with another civil execution office within the same province or city to receive and store work files according to regulations.
In case no agreement is reached, the Department of Justice at the location of the civil execution office shall designate a receiving civil execution office on its jurisdiction. The handover must be documented in writing and accompanied by a list of transferred documents with the presence of representatives from the Department of Justice where the civil execution office is located.
Where there is no civil execution office, the Department of Justice shall receive and store work files, except for enforcement-related records which are transferred to the local civil enforcement agency for storage in accordance with regulations.
Article 51. Conversion of Paper Files to Electronic Files
1. The Office of Civil Enforcement shall carry out digitization of paper files, update and store them as electronic files in the database for the organization and operation of the Enforcer in accordance with a schedule determined by the Minister of Justice.
2. After conversion into data messages, the electronic file must ensure accuracy of content compared to the paper file and must be confirmed by the Office of Civil Enforcement using an electronic signature before storage; the period for storage is carried out in accordance with legal provisions.
3. For paper files that have been digitized, the storage period as prescribed by law shall apply to the original or main copy components of the file; other components of the file that are not originals or main copies shall be stored for at least five years.
Section 6
COSTS OF THE ENFORCER'S WORK
Article 52. Costs of Enforcer's Work
The costs of performing work by the Enforcer shall be carried out in accordance with an agreement between the Office of Civil Enforcement and the person requesting such services.
Article 53. Service Costs
1. Service costs for serving documents, files, and materials from People's Courts, Procuratorates, and enforcement agencies shall be agreed upon by the People's Court, Procuratorate, or enforcement agency with the Office of Civil Enforcement and recorded in a contract signed between the two parties, consistent with the cost framework specified in paragraph 2 below.
2. The cost framework for service is as follows:
a) Minimum 120,000 VND per valid service and maximum 240,000 VND per valid service, except where otherwise provided in point b of this paragraph;
b) In the case of serving documents, files, or materials outside the province or city where the office is located, has a branch opened, or in remote areas with difficult access and long distances, People's Courts, Procuratorates, and enforcement agencies shall negotiate service costs with the Office of Civil Enforcement, including: actual incurred expenses but not exceeding the travel allowance rates applicable to state organs and public institutions as prescribed by law; daily wages for the person performing the service but not exceeding the minimum wage rate for employees working in state organs and public institutions.
The service costs specified herein include the cost of public notice where direct service is impossible, and such notice must be made publicly according to the provisions of procedural law and civil enforcement law.
3. Payment of service costs shall be carried out as follows:
a) Payment for service costs shall be made monthly. The Office of Civil Enforcement shall prepare and deliver service invoices to People's Courts, Procuratorates, and enforcement agencies. Within five working days from the receipt of valid invoices and documents, the relevant authorities are responsible for completing payment procedures in accordance with legal provisions and sending them to the State Treasury where an account is opened for payment of service costs to the Office of Civil Enforcement;
b) For services where the party concerned is required to bear the cost under law, People's Courts, Procuratorates, and enforcement agencies shall collect such amounts and transfer them to the Office of Civil Enforcement.
In case the amount from the party concerned has not been collected, the enforcement agency may advance funds from its budget allocated by competent authorities in accordance with the provisions on state budget law. The enforcement agency is responsible for urging collection of the service costs due from the party concerned and returning them to the state budget;
c) In cases where documents, files, or materials are served by an enforcement agency, if the matter has been delegated, then the enforcement agency that transferred the documents, files, or materials to the Enforcer for service shall pay the service costs already incurred. If the party concerned is required to bear the service cost but it has not yet been collected, the delegating enforcement agency must request the receiving enforcement agency to recover the service costs from the party concerned;
d) The State Treasury shall make payments in accordance with legal provisions.
4. Annually, based on the workload of the previous year, the cost framework specified herein, and projected work for the next planning year, People's Courts, Procuratorates, and enforcement agencies shall prepare a budget for service costs to be included in their overall budget submission to competent authorities according to legal provisions on state budget law. This includes two parts:
a) Costs where the state budget pays;
b) Advance payments where the party concerned is required to pay.
5. Service costs for documents, files, and materials of People's Courts, Procuratorates, and enforcement agencies are allocated in the annual state budget according to the current budget allocation hierarchy. The preparation, management, utilization, and settlement of service costs shall be carried out in accordance with legal provisions on state budget law.
Article 54. Costs of Notarial Services, Costs of Verifying Conditions for Enforcement, and Costs of Organizing Enforcement
1. The costs of notarial services, the costs of verifying conditions for enforcement, and the costs of organizing enforcement shall be agreed upon by the party requesting such services and the office of civil execution including: remuneration for performing work; travel expenses and accommodation; expenses as prescribed by law when requesting an agency, organization, or individual to provide information in accordance with legal provisions (if applicable); witness fees, participant fees, or other expenses (if applicable).
2. In the case where the office of civil execution organizes enforcement, the costs of verifying conditions for enforcement shall be agreed upon by the office of civil execution and the party requesting such services or included in the costs of civil enforcement as prescribed by law on civil enforcement.
Chapter V
STATE MANAGEMENT OF ORGANIZATION AND ACTIVITIES OF EXECUTION OFFICERS
ACTIVITIES OF THE NOTARY OFFICER
Article 55. Duties and Powers of the Ministry of Justice and Relevant Ministries
1. The duties and powers of the Ministry of Justice:
a) Establish ethical standards for execution officers;
b) Promote and educate on laws related to civil enforcement offices and execution officers;
c) Guide and coordinate with localities in managing the organization and activities of civil enforcement offices and execution officers;
d) Guide reporting systems and statistics on the organization and activities of civil enforcement offices and execution officers; centrally manage and unify data on the organization and activities of execution officers;
e) Manage and implement international cooperation activities related to execution officers;
f) Summarize state management work regarding the organization and activities of civil enforcement offices and execution officers;
g) Other duties and powers as prescribed by law.
2. The Ministry of Public Security and the Ministry of Defense shall be responsible for guiding detention centers, temporary detention centers on collecting amounts of money or property that a person subject to enforcement must pay when such person is serving a prison sentence for an offense handled by a civil enforcement office.
Article 56. Duties and Powers of Provincial People's Committees
1. The provincial people's committee shall manage state affairs concerning the organization and activities of civil enforcement offices and execution officers in its locality, with the following duties and powers:
a) The chairman of the provincial people's committee decides on recognizing equivalent training for execution officers; appoints, reappoints, or removes an execution officer;
b) Inspects, supervises, handles complaints and reports, and deals with violations by execution officers and civil enforcement offices within their jurisdiction;
c) Directs and guides the provision and updating of information on the organization and activities of execution officers in its locality as prescribed;
d) Other duties and powers as provided for in this Decree and other relevant laws.
2. The Department of Justice shall advise the provincial people's committee and the chairman thereof on managing state affairs concerning the organization and activities of civil enforcement offices and execution officers; perform the duties and powers as prescribed by this Decree and other relevant laws.
The Department of Justice updates information on the organization and practice of civil enforcement offices and execution officers into the database of their organizational and operational activities.
Chapter VI
PROVISIONS FOR IMPLEMENTATION
Article 57. Commencement of Operation
1. This Decree shall come into operation from July 1, 2026.
2. This Decree shall replace Decree No. 08/2020/NĐ-CP dated January 8, 2020 by the Government on organization and activities of Notaries.
3. Paragraph 5 of Article 116 of the Enforcement of Civil Judgments Law is hereby repealed; Articles 27, 28, 29, and 30 of Decree No. 121/2025/NĐ-CP dated June 11, 2025 by the Government on delegation and decentralization in the field of state management under the Ministry of Justice are hereby repealed.
Article 58. Transitional Provisions
1. From the date this Decree comes into operation, the renaming of Notary Offices to Enforcement Office shall be carried out in accordance with the procedures and formalities prescribed by the Enterprise Law and other relevant laws; the replacement of Notary Certificates with Enforcement Officer Certificates as provided in Paragraph 5 of Article 116 of the Enforcement of Civil Judgments Law shall be carried out in accordance with the procedures and formalities set forth in Paragraph 4 of this Decree.
The replacement of Notary Certificates must be carried out simultaneously or after the renaming of Notary Offices has been completed.
2. At the time this Decree comes into operation, individuals who have participated but not yet completed the Notary training and qualification program as provided in Decree No. 08/2020/NĐ-CP shall continue to be trained, educated, and issued a certificate of completion of the Notary training program and a certificate of completion of the qualification education program according to the provisions of Decree No. 08/2020/NĐ-CP.
The certificates of completion of the Notary training program and the certificates of completion of the qualification education program as provided in this paragraph shall be used for registration as an apprentice, participation in the examination of apprenticeship results, and consideration for appointment as an Enforcement Officer according to the provisions of this Decree.
3. Individuals who have obtained a certificate of completion of the Notary training program, a certificate of completion of the qualification education program or have completed the period of apprenticeship as a Notary before the date this Decree comes into operation shall be registered as an apprentice to practice as an Enforcement Officer, participate in the examination of apprenticeship results, and considered for appointment as an Enforcement Officer according to the provisions of this Decree.
In case individuals who have registered as apprentices or are currently undergoing apprenticeship as Notaries at the time this Decree comes into operation shall continue their apprenticeship according to the provisions of Decree No. 08/2020/NĐ-CP or according to the provisions of this Decree depending on the renaming of the office where they are apprenticing.
4. The certificate of completion of the apprenticeship examination for Notaries issued in accordance with the provisions of Decree No. 08/2020/NĐ-CP shall continue to be effective after the date this Decree comes into operation. Upon expiration of a period of five years from the date this Decree comes into operation, if the person does not request appointment as an Enforcement Officer, such certificate shall cease to have effect.
5. From the date this Decree comes into operation, the deputation and reappointment of Notaries who have been appointed or deputed according to the provisions of Decree No. 08/2020/NĐ-CP shall be carried out in accordance with the provisions of this Decree.
6. At the time this Decree comes into operation, files and administrative procedures currently being processed under the provisions of Decree No. 08/2020/NĐ-CP amended by Decree No. 18/2026/NĐ-CP dated January 14, 2026 shall continue to be processed in accordance with the provisions of Decree No. 08/2020/NĐ-CP as amended by Decree No. 18/2026/NĐ-CP, except for cases involving establishment, registration of operation, change in registered content, or reorganization of Notary Office which shall be carried out in accordance with the Enterprise Law, this Decree and other relevant laws.
7. Notaries who are at least sixty-nine years old at the time this Decree comes into operation may continue to practice until July 1, 2027. From July 1, 2027, they shall be automatically deputed in accordance with the provisions of Article 11 of this Decree.
Article 59. Implementation Responsibility
The Minister, Heads of Sectoral Ministries, Chairmen of People's Committees of Provinces and Municipalities shall be responsible for implementing this Decree.
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Place of Receipt: - Central Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, Sectoral Ministries; - People's Councils, People's Committees of Provinces and Municipalities directly under the Central Government; - Office of the Central Committee and its Bureaus; - Office of the General Secretary; - Office of the President; - Ethnic Affairs Committee and other Committees of the National Assembly; - Office of the National Assembly; - Supreme People's Court; - Supreme People's Procuratorate; - National Audit Office; - Central Committee of the Vietnam Fatherland Front; - Central Organs of Political-Social Organizations; - VPCP: BCT, various PCNs, Deputy Prime Minister's Office, General Director of the Government Website Portal, Offices, Departments, and Subordinate Units, Gazette; - File: VT, PL (2b). MINISTRY OF GOVERNMENT OFFICIALS |
DIRECTOR-GENERAL OF THE OFFICE OF THE PRIME MINISTER DEPUTY DIRECTORS-GENERAL OF THE OFFICE OF THE PRIME MINISTER Signed] Le Trin Chau Le Trieu Chau |
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