Decree No. 152/2024/ND-CP Amending and supplementing some articles of Decree No. 62/2015/NĐ-CP dated July 18, 2015 detailing and guiding the implementation of certain provisions of the Civil Enforcement Law which has been amended and supplemented by Decree No. 33/2020/NĐ-CP dated March 17, 2020 of the Government.

DECREE

Amending and supplementing certain Articles of Decree No. 62/2015/NĐ-CP dated July 18, 2015 detailing and guiding the implementation of certain provisions of the Civil Enforcement Law amended and supplemented by Decree No. 33/2020/NĐ-CP dated March 17, 2020 of the Government

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Civil Enforcement Law dated November 14, 2008 amended and supplemented by certain Articles pursuant to the Civil Enforcement Law dated November 25, 2014; the Competition Law dated June 12, 2018; the Law amending and supplementing certain Articles of the Law on Handling Administrative Violations dated November 13, 2020; the Law amending and supplementing certain Articles of the Public Investment Law, the Public-Private Partnership Investment Law, the Investment Law, the Housing Law, the Bidding Law, the Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law dated January 11, 2022; the Land Law dated January 18, 2024;

At the proposal of the Minister of Justice;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 62/2015/NĐ-CP dated July 18, 2015 detailing and guiding the implementation of certain provisions of the Civil Enforcement Law amended and supplemented by certain Articles pursuant to Decree No. 33/2020/NĐ-CP dated March 17, 2020 of the Government.

Article 1. Amending and supplementing certain Articles of Decree No. 62/2015/NĐ-CP dated July 18, 2015 detailing and guiding the implementation of certain provisions of the Civil Enforcement Law amended and supplemented by certain Articles pursuant to Decree No. 33/2020/NĐ-CP dated March 17, 2020 of the Government as follows:

1. Amending and supplementing Point b Clause 3 Article 4 as follows:

"b) Objective obstacles include cases where the party does not receive the judgment or decision without fault on their part; the party is on a business trip in border areas or islands and must comply with a decision of a competent state agency and cannot request enforcement within the deadline; the party suffers from an accident, serious illness to the extent of losing capacity to understand or dies without identifying the heir; organizations undergoing merger, consolidation, division, dissolution, conversion, compulsory transfer, or full share transfer have not identified the new organization or individual with the right to request enforcement according to the law or due to the fault of the court, enforcement agency, or other agencies or individuals leading to the party's inability to request enforcement within the deadline or other objective obstacles as stipulated in Article 156 of the Civil Code."

"4. The members of the Supervisory Council for the destruction of damaged printed and minted currency include:

"4. When the party requests, the Enforcement Officer shall be responsible for witnessing and signing the agreement document in cases provided for in Clause 2 and Clause 3 of this Article. Witnessing the agreement shall be conducted at the enforcement agency's office. For cases involving the transfer of land use rights, houses, and attached assets; the transfer of custody of minors; the transfer of visitation and care rights for minors, incapacitated persons, or those unable to work, the Enforcement Officer shall witness outside the office if requested by the parties.

If the agreement violates prohibitions under the law, goes against social morals, does not match reality, affects the legitimate rights and interests of third parties, or aims to evade enforcement fees, the Enforcement Officer shall refuse to witness the agreement but must clearly state the reasons for refusal in the agreement document."

3. Supplementing Clause 7 Article 9 as follows:

"7. When conducting verification of enforcement conditions, the Enforcement Officer may verify through the national database as prescribed by law. The verification results are one of the bases for organizing enforcement according to the law on civil enforcement."

4. Amending and supplementing Clause 1 Article 12 as follows:

"1. The notification of enforcement as prescribed in Articles 40, 41, and 42 of the Civil Enforcement Law shall be implemented initially. In cases where the notified person agrees, from the second notification onwards, the civil enforcement agency may notify through VNeID or the website of the Civil Enforcement Agency and the portal of the General Department of Civil Enforcement under the Ministry of Justice. If the notified person disagrees with the form of notification from the second time onwards, the civil enforcement agency shall notify according to the Civil Enforcement Law.

Direct notification to the parties and interested parties shall be carried out as follows:

a) By the Enforcement Officer or civil servant engaged in enforcement delivering the notification document to the notified person;

b) By postman; person authorized by the enforcement agency; neighborhood group leader; village head, hamlet head, commune head, ward head, village chief, phum chief, sóc chief; People's Committee, police station at the commune level; Head of the agency or unit; Warden of the prison, detention center, Head of the criminal enforcement agency of the county-level public security agency where the notified person resides, works, or serves a sentence."

5. Supplementing Clause 5, 6, 7, 8 Article 13 as follows:

"5. The handling of securities listed or registered for trading on stock exchanges shall be carried out as follows:

a) The Enforcement Officer issues a decision to freeze securities and sends it to Vietnam Securities Depository Corporation (VSDC) and other relevant agencies or organizations as prescribed in Article 67 of the Civil Enforcement Law. Within one working day from receiving the Enforcement Officer's decision, VSDC shall implement the freezing of securities according to securities laws and notify the civil enforcement agency and depositary members.

The decision to freeze securities includes the following contents: the content of the request to freeze securities; name, ID number, and date of issuance of identity card or citizen identification card for individuals; name, registration number, and date of issuance of the business registration certificate or equivalent legal document for legal entities; securities code and quantity proposed for freezing.

b) The Enforcement Officer issues a decision to forcibly seize and handle securities as prescribed in Clause 3 Article 71 of the Civil Enforcement Law.

Within five working days from the date of receiving a valid notice of the enforcement decision to seize and dispose of securities, the party concerned may negotiate the sale of such securities in accordance with the laws on securities and notify the civil enforcement agency in writing about such negotiations.

Upon expiration of the above period, the civil enforcement agency shall issue a document requesting VSDC to transfer the seized securities to the civil enforcement agency. The civil enforcement agency shall have rights and obligations as prescribed by law over the transferred securities. Within five working days from the date of receipt of the request document from the civil enforcement agency, VSDC must carry out the transfer of securities. Within two working days from the completion of the securities transfer, the Enforcement Officer shall implement the sale according to the agreement of the party concerned. In cases where the party concerned does not reach an agreement or fails to reach an agreement, the Enforcement Officer shall sell the securities through matching orders at the reference price as prescribed by the laws on securities.

In case of issuing an enforcement decision proactively, immediately after issuing the decision to seize and dispose of securities, the civil enforcement agency shall issue a document requesting VSDC to transfer the seized securities to the civil enforcement agency and sell the securities through matching orders at the reference price as prescribed by the laws on securities.

6. For the disposal of unlisted, non-traded securities registered for centralized trading at VSDC or listed and traded but unsold as stipulated in Clause 5 of this Article, the Enforcement Officer shall freeze the securities in accordance with Article 67 of the Civil Enforcement Law; issue a decision to seize and dispose of assets as prescribed in Clause 3 of Article 71 of the Civil Enforcement Law. The procedures for valuation and sale of securities shall be carried out in accordance with Articles 98, 99, 101 of the Civil Enforcement Law, and other relevant laws on asset auction and other related laws. After selling the securities, the civil enforcement agency shall send a document requesting VSDC to transfer ownership of the securities to the buyer in accordance with the law.

7. For the disposal of securities, shares, capital contributions not covered by Clause 5 and Clause 6 of this Article and negotiable instruments, the Enforcement Officer shall seize and dispose of them in accordance with Articles 71, 83, 92, 98, 99, 101 of the Civil Enforcement Law, laws on asset auction, laws on enterprises, and other related laws. When issuing a seizure decision, the Enforcement Officer shall simultaneously issue a notification to the enterprise where the person subject to enforcement has contributed capital and relevant agencies and organizations to prevent the transfer of ownership and changes in the status of the property until a decision is made by the civil enforcement agency.

8. In cases where the civil enforcement agency is applying security measures and compulsory enforcement measures corresponding to the obligations of the person subject to enforcement and enforcement costs as prescribed in Clause 1 of this Article, if the person subject to enforcement still has other assets, the Enforcement Officer shall issue a document requesting the relevant competent authority to immediately notify the civil enforcement agency of any transactions involving those assets for coordinated handling in accordance with the law.

6. Supplement Clause 3 of Article 15 as follows:

"3. The issuance of a decision to transfer the rights and obligations of enforcement as prescribed in Clause 1 of Article 54 of the Civil Enforcement Law must be based on a decision of a competent authority, in compliance with the Civil Enforcement Law and other relevant laws.

When implementing the transfer of rights and obligations under Article 54 of the Civil Enforcement Law, the head of the civil enforcement agency shall issue a decision to revoke the old enforcement decision, issue a new enforcement decision corresponding to the transferred rights and obligations and the untransferred rights (if any).

7. Amend and supplement Clause 1, Clause 3, Clause 4 of Article 27 as follows:

"1. In cases where the parties cannot agree on the selection of an auction organization for the sale of assets, the Enforcement Officer shall select in accordance with the laws on auctions.

Before the first auction of jointly owned assets where multiple co-owners propose to purchase the debtor's share at the set price, the Enforcement Officer shall notify these co-owners to negotiate who has the right to purchase. If they fail to reach an agreement, the Enforcement Officer shall organize a draw to select the purchaser.

3. In cases where there are multiple assets being auctioned in the same auction to enforce judgments, the civil enforcement agency shall require the auction organization to conduct the auction in order of highest value. If the amount received is sufficient to cover the obligation and the costs as prescribed, the remaining assets will not be auctioned.

The buyer of the auctioned asset must deposit the purchase price into the account of the civil enforcement agency within thirty days from the date of the successful auction and no extension will be granted. If the buyer of the auctioned asset does not pay or pays insufficiently within the prescribed time limit, the civil enforcement agency shall cancel the contract of sale of the auctioned asset or request the court to cancel it in accordance with the law.

Within sixty days from the date the buyer of the auctioned asset fully pays the purchase price, the civil enforcement agency shall organize the delivery of the asset to the buyer of the auctioned asset, except in cases of force majeure or objective obstacles. The auction organization shall cooperate with the civil enforcement agency in delivering the auctioned asset to the buyer. Any organization or individual obstructing or interfering illegally leading to delayed delivery of the successfully auctioned asset and causing damage shall be liable for compensation.

4. The civil enforcement agency shall settle the enforcement payment in accordance with Article 47 of the Civil Enforcement Law within ten days from the date of delivery of the asset to the buyer of the auctioned asset.

The enforcement agency shall proceed to deposit the amount of money under its name into a bank in the form of a one-month term deposit until the property can be delivered; the interest generated from the deposit within the period specified in Clause 3 of this Article shall be added to the initial deposit amount for enforcement purposes; the interest generated from the deposit outside the delivery period specified in Clause 3 of this Article shall belong to the buyer of the property. In cases where the enforcement agency applies coercive measures, the person subject to enforcement, the owner of the property, or the person managing the property for enforcement must bear all costs of such measures as stipulated in Article 73 of the Civil Enforcement Law; if damage occurs, compensation must be provided according to the law. If the deadline specified in the auction sale contract has passed without the property being delivered to the successful bidder, that person has the right to request cancellation of the contract in accordance with the law.

8. Amend and supplement Clause 2 of Article 28 as follows:

"2. In cases where the property is land use rights, houses, and other assets attached to land which have been issued a Certificate of Ownership in accordance with the law but the Certificate of Ownership cannot be recovered, the following procedures shall be implemented:

a) The enforcement agency shall send a recommendation letter for the recovery of the Certificate of Ownership to the People's Committee with the authority as stipulated in Clause 1 of Article 136 of the Land Law for the first-time issued Certificate of Ownership or the land registration organization or branch thereof as stipulated in Clause 2 of Article 136 of the Land Law for the Certificate of Ownership issued when performing the land change registration procedure;

b) Within twenty-five working days from the date of receipt of the enforcement agency's document, the competent authority mentioned in Point a of Clause 2 of this Article shall decide on the recovery and cancellation of the issued Certificate of Ownership. The issuance and reissuance of the Certificate of Ownership shall be carried out in accordance with the provisions of the law on land."

9. Supplement Clause 6 of Article 38 as follows:

"6. The person authorized to resolve complaints shall base on the provisions of Article 4 of this Decree and relevant laws to determine the period of objective obstacles or force majeure events, and this period shall not be counted towards the complaint period as stipulated in Clause 2 of Article 140 of the Civil Enforcement Law."

10. Amend and supplement Point e of Clause 1 of Article 43 as follows:

"e) Costs incurred while organizing or having completed coercive measures but must be suspended according to the provisions of Points a, b, d, and đ of Clause 1 of Article 50 of the Civil Enforcement Law."

11. Supplement Clause 7 of Article 49 as follows:

"7. In cases where payment is made when disposing of assets and the judgment or decision declaring attachment to secure the execution of a specific obligation as stipulated in Clause 3 of Article 47 of the Civil Enforcement Law involves multiple persons entitled to enforcement, but only one or some of them request enforcement, the civil enforcement agency shall pay the amounts requested by those who have requested enforcement according to their share, and the remaining amount shall be deposited into a bank in the form of a one-month term deposit, while notifying the others who have not yet requested enforcement about their right to request enforcement, except in cases where the enforcement request period has expired.

Upon expiration of the enforcement request period and the enforcement agency does not receive any requests, the deposited amount and accrued interest shall be paid to those who have already requested enforcement in the judgment or decision; the remaining amount shall be paid to those entitled to enforcement based on other enforcement decisions (if any) up to the time of payment or returned to the person whose assets were attached and disposed of."

12. Amend and supplement Clauses 2 and 3 of Article 56 as follows:

"2. The Ministry of Justice shall organize the recruitment examination for Enforcement Officers; specify the content, form, and procedures for the recruitment examination of初级级执行员。

The content, form, and procedures for promotion examinations from初级级执行员to中级执行员, and from中级执行员to高级执行员shall be implemented in accordance with the provisions of the law on cadres and civil servants and the law on civil enforcement.

3. The Minister of Justice shall stipulate the job code, professional standards, and salary grading for the positions of Enforcement Officer after obtaining the unified opinion of the Ministry of Home Affairs."

13. Amend and supplement Clause 3 of Article 66 as follows:

"3. The Minister of Justice shall stipulate the job code, professional standards, and salary grading for the positions of Reviewer after obtaining the unified opinion of the Ministry of Home Affairs."

14. Amend and supplement Clause 1 of Article 69 as follows:

"1. The appointment to the position of Reviewer, and the promotion from初级审查员to中级审查员, and from中级审查员to高级审查员shall be conducted in accordance with the provisions of the law on cadres and civil servants and the law on civil enforcement."

15. Amend and supplement Clauses 1 and 2 of Article 71 as follows:

"1. An Enforcement Clerk is a specialized civil servant in civil enforcement, responsible for assisting初级执行员,中级执行员, and高级执行员in implementing the procedures and formalities of civil enforcement or helping审查员,中级审查员, and高级审查员in performing review tasks as prescribed by law.

The appointment to the position of Enforcement Clerk and the promotion from中级书记员to Enforcement Clerk shall be conducted in accordance with the provisions of the law on cadres and civil servants and the law on civil enforcement.

2. The Minister of Justice shall stipulate the job code, professional standards, and salary grading for the positions of Enforcement Clerk after obtaining the unified opinion of the Ministry of Home Affairs."

16. Amend and supplement Clause 2 of Article 78 as follows:

"2.初级执行员,中级执行员,高级执行员,审查员,中级审查员, and高级审查员shall be classified under Group 1 of Type A1, A2, and A3 of the professional and technical salary table for civil servants in state agencies.

Enforcement Clerks shall be classified under Type A1 of the professional and technical salary table for civil servants in state agencies.中级书记员enforcement clerks shall be classified under Type A0 of the professional and technical salary table for civil servants in state agencies."

17. Supplement Clause 4 of Article 83 as follows:

"4. Based on the needs of agencies and units and the actual situation in regions, the Ministry of Justice shall decide on the issuance and use of civil enforcement uniforms, insignia, and badges in accordance with the provisions of the law."

Article 2. Repeal Point c Clause 2 Article 24 of Decree No. 62/2015/NĐ-CP dated July 18, 2015 detailing and guiding the implementation of certain articles of the Civil Enforcement Law.

Article 3. Transitional Provisions

1. For civil enforcement cases where at the time this Decree takes effect, the procedures and formalities for civil enforcement have not been carried out according to the provisions of Decree No. 62/2015/NĐ-CP dated July 18, 2015 detailing and guiding the implementation of certain articles of the Civil Enforcement Law, which has been amended and supplemented by Decree No. 33/2020/NĐ-CP dated March 17, 2020 of the Government (hereinafter referred to collectively as Decree No. 62/2015/NĐ-CP), such cases shall be implemented according to the provisions of this Decree.

2. For civil enforcement cases that have already completed the procedures and formalities for civil enforcement according to the provisions of Decree No. 62/2015/NĐ-CP, there is no need to re-implement these procedures and formalities according to the provisions of this Decree.

3. For civil enforcement cases that have partially enforced or have not yet been enforced at the time this Decree takes effect but have already completed some procedures and formalities for civil enforcement according to the provisions of Decree No. 62/2015/NĐ-CP, there is no need to re-implement those procedures according to the provisions of this Decree. Other enforcement procedures shall be carried out according to the provisions of this Decree, except in cases where there is a conflict with the enforcement procedures already implemented according to Decree No. 62/2015/NĐ-CP, then the provisions of Decree No. 62/2015/NĐ-CP shall be applied to implement those enforcement procedures.

Article 4. Implementation provisions

1. This Decree takes effect from January 1, 2025.

2. Repeal Section 3 Point d Clause 2 Article 1 of Decree No. 17/2013/NĐ-CP dated February 19, 2013 amending and supplementing certain articles of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for officials, civil servants, public employees, and armed forces.

3. The Minister, Heads of Ministries equivalent to ministries, agencies under the Government, Chairmen of Provincial People's Committees, and Municipal People's Committees directly under the central government are responsible for implementing this Decree.

4. The Minister of Justice shall organize the implementation of this Decree; stipulate measures to handle Enforcement Officers, Reviewers, and Enforcement Secretaries who violate the law while performing their duties but have not reached the level requiring disciplinary action, in order to meet the requirements of state management in civil enforcement.