Decree No. 58/2009/NĐ-CP provides detailed regulations and guidance on implementing certain provisions of the Civil Execution Law, particularly regarding civil execution procedures such as the statute of limitations for requesting execution, agreement on execution, verification of execution conditions, notification of execution, application of security measures, and enforcement of execution.

DECREE

Regulations detailing and guiding the implementation of certain provisions of

Decree on civil enforcement procedures under the Civil Enforcement Act

__________________ 

THE GOVERNMENT

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

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

At the proposal of the Minister of Justice.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations for Articles 46, 60, 65, 73, 85, 86, and 98 of the Civil Enforcement Act and guides the implementation of certain contents of the Civil Enforcement Act concerning civil enforcement procedures to meet the requirements of state management in civil enforcement activities.

Article 2. Time limit for requesting enforcement

1. The parties have the right to request enforcement within the time limit for requesting enforcement as stipulated in Clause 1, Article 30 of the Civil Enforcement Act.

2. In cases where an event of force majeure or an objective obstacle leads to the inability to submit a request for enforcement within the prescribed time limit under this Clause, the party has the right to submit a petition to the head of the competent civil enforcement agency to consider it. The period during which the force majeure event occurred or the objective obstacle arose, preventing timely enforcement request, shall not be counted towards the time limit for requesting enforcement.

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

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

b) Objective obstacles are situations where the party does not receive the judgment or decision without their fault; the party is on a business trip in border areas or islands and cannot submit the request for enforcement within the prescribed time limit; accidents, serious illness to the extent of losing the ability to comprehend, requiring hospitalization or due to the fault of the court, civil enforcement agency, or other agencies or individuals leading to the party's inability to request enforcement within the prescribed time limit or the death of the party without identifying the heir; organizations merging, consolidating, splitting, dissolving, or being privatized without identifying the new organization or individual with the right to request enforcement according to the law.

4. The petition must clearly state the name, address of the petitioner; the name of the civil enforcement agency where the request is made; the name, address of the person subject to enforcement, the person responsible for enforcement, the content of the enforcement, and the reason for not being able to request enforcement within the prescribed time limit. Accompanying the petition must be the judgment or decision to be enforced and evidence proving the reason for not being able to request enforcement within the prescribed time limit.

For cases involving natural disasters, fires, enemy attacks, or the death of the party without identifying the heir, or other objective obstacles occurring locally preventing timely enforcement request, there must be a confirmation from the People's Committee of the commune where the party resides. For cases where timely enforcement request is prevented due to hospitalization for treatment, there must be a confirmation or hospital admission and discharge certificate from a health organization at the district level or higher. For cases where timely enforcement request is prevented due to work-related travel, there must be a confirmation from the head of the agency or unit or a dispatch letter from that agency or unit. For other force majeure events or objective obstacles preventing timely enforcement request, there must be a confirmation from the competent authority or other legal documents to prove it.

Confirmations from authorized organizations or individuals must clearly indicate the location, content, and time when the force majeure event or objective obstacle occurred, leading to the party's inability to request enforcement within the prescribed time limit.

Article 3. Agreement on Enforcement

1. The agreement on enforcement between the parties must be documented in writing, specifying the time, place, content of the agreement, and signed by all participating parties, with confirmation from the People's Committee of the commune where the agreement is conducted.

In cases where the person subject to enforcement requests enforcement that differs from the content of the judgment or decision already issued and is accepted by the person entitled to enforcement, the enforcement shall be carried out according to such request.

The agreement before requesting the enforcement agency to organize enforcement shall be voluntarily implemented by the parties.

2. After the head of the civil enforcement agency issues the enforcement decision, the party has the right to request the Enforcement Officer to witness the agreement. The Enforcement Officer responsible for resolving the enforcement matter has the duty to witness and sign the agreement document. If the agreement violates prohibitions under the law or goes against social morals, the Enforcement Officer may refuse but must record this in a report and specify the reasons.

The party requesting the Enforcement Officer to witness the agreement outside the premises of the civil enforcement agency shall bear reasonable costs incurred.

3. In cases where the parties do not voluntarily comply with the agreed content, the civil enforcement agency shall base its decision on the content of the judgment or decision, the application for enforcement, and the results of enforcement according to the agreement.

In cases where the civil enforcement agency is organizing enforcement and the parties agree not to request the civil enforcement agency to enforce part or all of the judgment or decision, based on the parties' agreement, the civil enforcement agency shall issue a decision to suspend enforcement of the non-requested portion according to point c, Clause 1, Article 50 of the Civil Enforcement Law, except when the agreement violates prohibitions under the law, goes against social morals, does not match reality, affects the rights and legitimate interests of third parties, or aims to evade enforcement fees. If the above agreement is implemented after the asset has been sold or transferred to another person for enforcement, it must have the consent of the buyer of the asset or the person receiving the asset for enforcement.

Chapter II

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

Article 4. Acceptance of Applications for Enforcement

1. The issuance or mailing of a receipt to the applicant upon receipt of the application must be done immediately.

2. Applications for civil enforcement must contain all contents as prescribed in Article 31 of the Civil Enforcement Law.

In cases where the application for enforcement lacks the required contents or does not clearly state the conditions for enforcement of the person subject to enforcement without requesting verification, the civil enforcement agency shall notify the parties to supplement the application for enforcement before issuing the enforcement decision.

3. Within five working days from the date of receipt of the application, if there are grounds to reject the application for enforcement, the civil enforcement agency must send a notification to the parties regarding the rejection and specify the reasons.

Article 5. Issuance of Enforcement Decisions

1. The head of the civil enforcement agency shall issue a single enforcement decision for all items within the scope of proactive enforcement in one judgment or decision.

In cases where the judgment or decision includes items related to returning money or assets, for each person entitled to enforcement, the head of the civil enforcement agency shall issue a separate enforcement decision. In cases where one judgment or decision involves multiple persons subject to enforcement and multiple items, for each person subject to enforcement, the head of the civil enforcement agency shall issue a single enforcement decision for the items that person must enforce.

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

3. The head of the civil enforcement agency shall issue an enforcement decision for each application for enforcement. In cases where one judgment or decision involves one person subject to enforcement for multiple persons entitled to enforcement and the parties submit applications at the same time, the head of the civil enforcement agency may issue a single enforcement decision for multiple applications.

In cases where multiple persons are entitled to receive a specific asset according to the judgment or decision, but only some have submitted applications for enforcement, the head of the civil enforcement agency shall issue an enforcement decision for those who have submitted applications, while simultaneously notifying the other entitled persons about the judgment or decision to file an application for enforcement within thirty days from the date of notification. After the deadline, if the notified persons do not apply for enforcement, the Enforcement Officer shall organize the transfer of the asset to the person who has submitted the application for enforcement to manage. The rights and legitimate interests of the entitled persons in relation to the asset shall be resolved according to the agreement or the provisions of the law.

4. In cases where, after deducting the time during which force majeure or objective obstacles occurred, the enforcement claim period still remains, the head of the civil enforcement agency shall issue an enforcement decision. In cases where the enforcement claim period has expired, the enforcement agency shall refuse to accept the application for enforcement according to Clause 3, Article 4 of this Decree.

In cases where an enforcement decision has been issued but the enforcement claim period has expired, the head of the civil enforcement agency shall issue a decision to revoke the previously issued enforcement decision. The person responsible for issuing the enforcement decision for a judgment or decision whose enforcement claim period has expired shall bear responsibility according to the law.

Article 6. Verification of Execution Conditions

1. The person entitled to execution has the right to verify the execution conditions themselves or to authorize another person to do so. Organizations, entities, or individuals holding information or managing assets or accounts of the person subject to execution shall be responsible for providing information when requested by the person entitled to execution or their authorized representative. If such organizations, entities, or individuals refuse to provide information, they must issue a written response stating the reasons.

The results of verification are recognized and serve as a basis for organizing the execution process, except where the Enforcement Officer deems it necessary to re-verify. Re-verification by the Enforcement Officer shall be conducted within ten days from the date of receipt of the verification results provided by the parties.

In cases where the person entitled to execution, organizations, entities, or individuals intentionally provide false information about the execution conditions of the person subject to execution, they shall bear legal responsibility, pay any incurred costs, and compensate for any damages caused.

2. When requesting the Enforcement Officer to verify the execution conditions, the person entitled to execution must present relevant documents or working records to prove that they or their authorized representative have conducted verification at organizations, entities, or individuals holding information about assets or managing assets and accounts of the person subject to execution but without results.

Verification at organizations, entities, or individuals is considered unsuccessful if the person entitled to execution or their authorized representative proves that they have directly requested or made a written request but have not received a written response from the organization, entity, or individual within one month from the date of the request, without a legitimate reason.

3. Where the person subject to execution must simultaneously fulfill both the obligations under the application for execution and those under the active enforcement decision issued by the head of the civil enforcement agency, the Enforcement Officer shall proactively conduct verification of the execution conditions until the person subject to execution fulfills the obligations under the active enforcement decision.

The results of verification continue to be recognized to organize the execution of the obligations under the application. Subsequent verification of the person subject to execution's assets shall be carried out upon request of the person entitled to execution.

4. During direct verification, the Enforcement Officer must specifically verify the economic conditions and current status of assets based on the content presented by the parties or other organizations or entities providing information.

For assets that require registration of ownership or use, or registration of security transactions, verification must also be conducted at agencies with the function of registering such assets.

For organizations or entities subject to execution, the Enforcement Officer shall directly examine assets, check financial record-keeping systems, and verify at related organizations or entities managing, preserving, or retaining information about assets or accounts of the person subject to execution. If necessary, the Enforcement Officer may invite specialized agencies or experts to clarify the required verification contents.

Relevant organizations, entities, or individuals must comply with the Enforcement Officer's requests and bear responsibility for the contents of the information provided.

5. For active enforcement cases where the person subject to execution lacks the ability to execute, the Enforcement Officer must verify the execution conditions of the parties at least once every six months. If the person subject to execution lacks the ability to execute and is serving a prison sentence or cannot be located, the interval between verifications shall not exceed one year.

For verification of execution conditions based on an application, verification shall be carried out according to the request of the person entitled to execution. The person entitled to execution has the obligation to prove that the person subject to execution has assets available for execution and to request resubmission of the application for execution if the head of the civil enforcement agency has decided to return the application.

Article 7. Notification of Enforcement

1. Direct notification to the parties involved and those with rights and obligations related to the case 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 postal officers; persons authorized by enforcement agencies; neighborhood organizations; village chiefs, hamlet chiefs, commune chiefs, ward chiefs, quarter chiefs, tribe chiefs, group chiefs; People's Committees, police at the commune level; heads of agencies and units; prison supervisors, detention center supervisors where the person being notified has an address, residence, workplace, or place of serving a custodial sentence shall deliver the notification document to the person being notified.

2. In cases where the parties involved and those with rights and obligations request to receive notifications via telegrams, faxes, emails, or other means, direct notification may be carried out through such methods if it does not cause inconvenience to the civil enforcement agency.

3. If the parties involved and those with rights and obligations change their contact addresses, they must promptly notify the competent civil enforcement agency organizing the enforcement for the purpose of delivering notifications according to the new address. If the parties involved and those with rights and obligations do not provide a new address, the delivery of notifications according to the previously determined address will be considered valid.

Article 8. Application of Guarantee Measures and Compulsory Enforcement

1. Enforcement officers base on the content of the judgment or decision; the nature, extent, and execution obligation; the conditions of the person subject to enforcement; the party's proposal and the actual situation of the locality to select appropriate guarantee measures and compulsory enforcement measures.

The application of guarantee and compulsory enforcement measures must correspond to the execution obligation of the person subject to enforcement and necessary expenses. In cases where the person subject to enforcement only has a single asset significantly larger than the execution obligation and that asset cannot be divided or dividing it would greatly reduce its value, the Enforcement Officer still has the right to apply guarantee and compulsory measures to enforce the judgment.

2. Except for cases stipulated by the Civil Enforcement Law, civil enforcement agencies do not organize compulsory enforcement involving mobilization of forces within 15 days before and after Tet (Lunar New Year); traditional days for policy beneficiaries, if they are the persons subject to enforcement.

3. In necessary cases, the head of the provincial or district-level enforcement agency reports to the Chairman of the People's Committee at the same level, and the head of the military region enforcement agency reports to the Military Region Commander at least five working days before organizing compulsory enforcement of major, complex cases having significant impacts on national security, politics, social order, and safety in accordance with Clause 1 of Article 172, Clause 2 of Article 173, and Clause 2 of Article 174 of the Civil Enforcement Law.

4. Assets that have been actually handed over to the recipient and signed for in the handover receipt but later reclaimed by the party involved, the civil enforcement agency is not responsible for handing over the assets again to the recipient. The person who received the assets has the right to request the People's Committee or the competent authority to resolve the matter.

Article 9. Temporary Detention of Documents and Assets for Enforcement

1. When necessary, Enforcement Officers may request support from police forces or other organizations and individuals for the temporary detention of the party's documents and assets.

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

For temporarily detained cash, the number of bills and denominations of each type of currency must be clearly stated, and if it is foreign currency, the country of origin must also be specified, and if necessary, the serial numbers on the currency must also be recorded.

For precious metals and gemstones temporarily detained, sealing must be done in the presence of the person whose assets and documents are detained or their relatives. If the person whose assets and documents are detained or their relatives do not agree to witness the sealing process, there must be witnesses present. On the seal, the type of asset, quantity, volume, and other characteristics of the sealed asset must be clearly stated, with signatures from the Enforcement Officer, the person whose assets and documents are detained or their relatives, or the witnesses. The sealing process must be recorded in the record of temporary detention of assets.

Temporarily detained assets and documents are stored in accordance with Article 58 of the Civil Enforcement Law.

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

The Enforcement Officer requires the person receiving them to check the quantity, volume, dimensions, and other characteristics of the detained assets and documents under the witness of the storage officer of the civil enforcement agency.

Returning assets and documents must be documented in a record.

Article 10. Suspension of Registration, Transfer of Ownership, Use, and Change of Property Status

From the time of receiving the decision on the suspension of registration, transfer of ownership, use, and change of property status, the registration authority, transfer authority, and related organizations, entities, and individuals shall not carry out registration, transfer of ownership, use, or change of property status until they receive the enforcement officer's decision on the seizure of assets or termination of the suspension of registration, transfer of ownership, use, and change of property status.

For properties registered, transferred ownership, used, or had their status changed after this time, the enforcement officer has the right to handle them according to the law for execution of judgments, and if there is a dispute, guide the parties to initiate litigation to resolve it through civil litigation procedures.

Article 11. Freezing Funds in Accounts

1. The decision to freeze an account must clearly specify the amount to be frozen. The enforcement officer directly delivers the decision to freeze the account of the person subject to enforcement to the legal representative of the State Treasury, commercial bank, or other credit organization managing the account of the person subject to enforcement, or to the person responsible for receiving documents from such organizations, and records the handover in a protocol.

The protocol must have the signatures of the enforcement officer and the person receiving the decision to freeze the account of the person subject to enforcement. If the person receiving the decision to freeze the account does not sign, there must be a witness signature.

2. From the time of receiving the decision to freeze the account, the State Treasury, commercial bank, or other credit organization managing the account of the person subject to enforcement must strictly comply with the decision to freeze the account.

The enforcement officer is responsible for keeping confidential information about the accounts of the person subject to enforcement when provided by the State Treasury, commercial bank, or other credit organization.

Article 12. Deduction of Money from Accounts

1. The decision to deduct money from an account must include the following details:

a) Date of issuance of the decision;

b) Basis for issuing the decision;

c) Name of the Enforcement Officer;

d) Name of the person subject to enforcement;

d) Account number of the party;

e) Name and address of the State Treasury, commercial bank, or other credit organization where the account was opened;

g) Amount to be deducted;

h) Account number of the civil enforcement agency receiving the deducted amount;

i) Deadline for implementing the deduction.

2. In cases where the enforcement target has multiple deposit accounts at different State Treasuries, commercial banks, or other credit organizations, the enforcement officer bases the decision to apply the compulsory deduction measure on the account balance to ensure sufficient funds for enforcement and enforcement costs (if any) are collected from one or more accounts.

Article 13. Collection of Money from Business Activities of the Person Subject to Enforcement

1. The enforcement officer collects money from the business activities of the person subject to enforcement on a daily, weekly, monthly, quarterly, or annual basis depending on the nature of the business sector of the person subject to enforcement.

When determining the amount of money to be collected from the business activities of the person subject to enforcement, the enforcement officer bases it on the business results of the person subject to enforcement based on accounting books, documents, and actual business conditions.

2. The minimum amount retained for business operations and living expenses of the person subject to enforcement and their family must ensure basic living conditions for the person subject to enforcement and those they are obligated to support. The determination of the minimum living standard for the person subject to enforcement and those they are obligated to support is based on the poverty standard applicable to the locality where they reside.

The minimum amount retained for business operations is set by the enforcement officer based on the nature of the business sector and scale of business of the person subject to enforcement, and this amount may be adjusted.

Article 14. Collecting money and property from the person subject to enforcement currently held by a third party.

An organization or individual holding money or property of the person subject to enforcement who fails to implement the decision of the Enforcement Officer regarding the submission of such money or property shall be subject to security measures and coercive measures for enforcement.

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

Article 15. Determining the value of seized assets

1. The Enforcement Officer determines the value of seized assets with a small value, which at the time of valuation, unused products of the same type have a market selling price not exceeding VND 2,000,000 (two million dong).

2. In cases where it is impossible to sign a service contract as stipulated in point a, Clause 3, Article 98 of the Civil Execution Law, the Enforcement Officer shall seek opinions from financial agencies and relevant specialized agencies before determining the value of the seized asset.

Article 16a. Transfer of intellectual property rights

Where the Enforcement Officer decides to transfer intellectual property rights to another agency, organization, or individual for exploitation and use as provided for in Clause 4, Article 84 of the Intellectual Property Law, such transfer must comply with the provisions on the transfer of intellectual property rights under the laws on intellectual property.

Article 16. Valuation of intellectual property rights

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

2. Any agency, organization, or individual requesting the valuation of intellectual property rights must pay the valuation costs according to Article 73 of the Civil Execution Law.

Article 17. Auctioning intellectual property rights

1. Authority to auction intellectual property rights:

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

b) The Enforcement Officer conducts the auction of intellectual property rights valued up to VND 10,000,000 or in cases where there is no auction organization in the province or city where the enforcement takes place, or although there is one, that organization refuses to sign a service contract for the auction.

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

Article 18. Handling evidence items and temporarily detained assets declared confiscated or transferred to state funds

1. Financial agencies are responsible for receiving and handling evidence items and assets declared confiscated or transferred to state funds, except for cases where the items or assets are weapons, auxiliary tools, explosives, flammable materials, toxic substances, radioactive materials, technical equipment and means specifically used for national defense and security, or cultural relics, in which case the competent state agency managing such assets shall be responsible for receiving them.

2. The civil enforcement agency shall notify and set a deadline of thirty days from the date of notification for the agency responsible for receiving the evidence items and temporarily detained assets to take possession.

If the deadline expires without the receipt of the evidence items and temporarily detained assets, the agency responsible for receiving them must bear all costs for the preservation of the assets and shall be liable for all risks from the date of delayed receipt.

The transfer of evidence items and temporarily detained assets declared confiscated or transferred to state funds shall be carried out at the storage facility of the civil enforcement agency or at the location where the evidence items and temporarily detained assets are being kept.

Article 19. Destruction of Evidence and Property

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

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

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

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

Article 20. Application of Measures to Ensure Execution of Judgment in Cases of Entrusted Joint Liability Execution

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

Article 21. Execution of Judgments and Decisions Ordering Reinstatement of Workers

1. If the employer does not voluntarily pay wages to workers as stipulated in Clause 3, Article 121 of the Civil Enforcement Law, they shall be subject to security measures and coercive enforcement measures.

2. Where the court's judgment or decision includes the obligation for the employer to continue paying wages to workers from the date the judgment becomes legally effective until the date of reinstatement, the execution shall be carried out according to the content of the judgment or decision.

Where the court's judgment or decision does not include the obligation for the employer to continue paying wages to workers from the date the judgment becomes legally effective until the date of reinstatement, the execution shall be carried out in accordance with Clause 3, Article 121 of the Civil Enforcement Law.

Article 22. Execution of Decisions on Emergency Temporary Measures

1. The head of the civil enforcement agency may only entrust the civil enforcement agency in the location where the judgment debtor resides or has assets to execute decisions on emergency temporary measures when the judgment debtor resides or has assets in another province under the following circumstances:

a) Prohibiting or compelling the parties to perform a specific act; placing a minor under the care, support, education, or supervision of an individual or organization; temporarily suspending a dismissal decision regarding an employee;

b) Compelling the performance of part of the maintenance obligation in advance; compelling the performance of part of the compensation obligation for damage caused by infringement of life or health; compelling the employer to advance payment of wages, remuneration, compensation for work-related injuries, or occupational diseases to employees.

c) Seizing disputed property;

d) Harvesting, selling crops, or other products.

2. Within twenty-four hours of receiving the decision on emergency temporary measures, the head of the civil enforcement agency must issue an execution decision or entrust the civil enforcement agency in the location where the judgment debtor resides or has assets to organize the execution.

Within twenty-four hours of receiving the entrusted execution decision, the head of the civil enforcement agency accepting the entrustment must issue an execution decision and immediately apply the measures stipulated in Article 130 of the Civil Enforcement Law to organize the execution.

Article 23. Enforcement of supervisory review and retrial decisions

1. The value of the property to be compensated to the original owner in cases where the judgment or decision of the court is revoked, amended partially or entirely according to Clause 3, Article 135 of the Civil Execution Law shall be the market price of the asset in the locality at the time of compensation settlement.

2. In cases where damage arises from issuing a judgment or decision contrary to the law, such matters shall be resolved in accordance with the provisions of the law.

Article 24. Confirmation of execution results

1. The head of the civil enforcement agency authorized to resolve the execution matter shall confirm in writing the results of the parties' performance of their rights and obligations under the execution decision upon request.

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

The confirmed execution result reflects that the party has fully or partially completed their rights and obligations according to the execution decision, or has completed the periodic execution obligation in cases where the execution is carried out on a periodic basis.

Article 25. Resolution of complaints about execution

1. For complaint letters that do not require acceptance for resolution, the receiving agency does not have the responsibility to accept them but must provide guidance or respond in writing to the complainant within five days from the date of receipt. Guidance or response will only be provided once per complaint case; if the complainant submits original documents related to the complaint case, those documents will be returned to the complainant.

If the complaint letter contains both complaint and accusation contents, the complaint content regarding execution shall be resolved according to the regulations on resolving complaints about execution, while the accusation content shall be resolved according to the regulations on resolving accusations.

2. For complaint letters within the jurisdiction of a lower level agency but not resolved beyond the prescribed time limit, the head of the execution agency or the higher-level management agency shall require the lower level to resolve it, and simultaneously bear the responsibility to direct, inspect, and urge the resolution process of the lower level, and apply measures within their authority to deal with those who are negligent or intentionally delay the resolution of the complaint. In cases requiring measures exceeding their authority, they shall propose to relevant state agencies or persons with authority to handle it.

3. The first decision resolving a complaint against an enforcement guarantee measure decision by the competent authority shall take effect.

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

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

b) The resolution of the complaint violates the provisions of the law on procedures for resolving complaints about execution;

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

Chapter III

WAIVER, REDUCTION OF EXECUTION AND FINANCIAL GUARANTEE FOR EXECUTION

Article 26. Exemption and reduction of obligations for payment to the state budget

1. A person who has fulfilled at least one-twentieth of the amount due for payment to the state budget, but the value must not be lower than the level of court fee without a scale, shall be eligible for exemption or reduction of obligations according to the provisions of Clause 2 and Clause 3, Article 61 of the Civil Enforcement Law.

2. The amount payable to the state budget that is eligible for exemption or reduction is the obligation determined in the judgment or decision of the Court. When the obligation determined in the judgment or decision is exempted or reduced, the interest on the delayed execution of the amount exempted or reduced shall be automatically exempted.

When the person subject to enforcement is exempted from the entire obligation for payment to the state budget or is reduced to zero the obligation for payment to the state budget according to the enforcement decision, the enforcement process concludes.

3. The level of reduction of the obligation for payment to the state budget shall be implemented as follows:

a) For the remaining obligation for enforcement with a value from VND 10,000,000 to VND 100,000,000, each reduction shall not exceed one-third of the remaining amount due for enforcement;

b) For the remaining obligation for enforcement with a value over VND 100,000,000, each reduction shall not exceed one-fifth of the remaining amount due for enforcement.

4. The preparation of the file requesting exemption or reduction of the obligation for payment to the state budget shall be carried out by the civil enforcement agency organizing the enforcement process. In cases where the enforcement process is being organized by the provincial civil enforcement agency, the provincial civil enforcement agency shall prepare the file requesting exemption or reduction and transfer it to the People's Court of the district where the provincial civil enforcement agency is located.

Article 27. Subjects Guaranteed Financially from the State Budget to Fulfill Execution Obligations

1. State agencies.

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

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

4. Units within the armed forces whose operational funding is fully guaranteed by the state.

Article 28. Conditions for Financial Guarantee for Enforcement

State agencies or organizations required to fulfill enforcement obligations that are eligible for financial guarantee shall only be financially guaranteed by the state budget after having requested the person at fault to fulfill their obligations but that person lacks the ability to do so, or although they have made payments, these only partially meet the enforcement obligations, and the agency has utilized the savings from its self-managed funds but still lacks the ability to enforce.

Article 29. Authority to Decide on Financial Guarantee for Enforcement

1. The enforcement guarantee fund for organizations required to fulfill enforcement obligations that are centrally managed units shall be guaranteed by the central budget; the enforcement guarantee fund for organizations required to fulfill enforcement obligations that are locally managed units shall be guaranteed by the local budget; the enforcement guarantee fund for units within the armed forces shall be guaranteed by the state budget.

2. The authority and level of financial guarantee from the state budget shall be implemented according to the regulations of the state budget law.

Article 30. Financial Guarantee Procedures for Enforcement

The agencies and organizations responsible for enforcement that are eligible for financial guarantee for enforcement shall be responsible for preparing the application file for financial guarantee for enforcement.

The Ministry of Justice and the Ministry of Finance shall guide the preparation of the application file, deadlines, procedures for requesting, examining, deciding on financial guarantees for enforcement, budget estimates, disbursement, settlement, and repayment of financial guarantee funds for enforcement.

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

Chapter IV

ENFORCEMENT COSTS AND FEES

Article 31. Costs of Compulsory Enforcement

1. The person entitled to enforcement who requests the Enforcement Officer to verify the conditions for enforcement shall pay actual and reasonable costs for verification.

The costs for verifying the conditions for enforcement shall be specifically regulated by the Ministry of Justice in coordination with the Ministry of Finance.

2. Other necessary costs prescribed in point c, Clause 3, Article 37 of the Civil Enforcement Law include:

a) Costs for convening compulsory enforcement meetings organized by the Enforcement Officer with relevant agencies before carrying out compulsory enforcement;

b) Costs for compulsory enforcement in cases where no money can be collected from the person subject to enforcement;

c) Actual costs for applying measures to temporarily seize papers and documents of the person subject to enforcement;

d) Costs for arranging interpreters and translators in cases where the parties are members of ethnic minorities in Vietnam who do not know Vietnamese.

These costs shall be paid from the state budget. The specific levels of expenditure shall be jointly regulated by the Ministry of Finance and the Ministry of Justice.

3. A compensation system shall be applied to Enforcement Officers, other civil servants involved in enforcement work, prosecutors, police officers, self-defense militia members, representatives of local authorities, social organization representatives directly participating in compulsory civil enforcement, and representatives of neighborhood associations, village chiefs, village elders, and other forces mobilized to participate in compulsory civil enforcement when necessary. The specific levels of compensation for the main person in charge and other direct participants in compulsory enforcement shall be jointly regulated by the Ministry of Finance and the Ministry of Justice.

Article 32. Exemption and Reduction of Compulsory Enforcement Costs

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

a) Having income insufficient to ensure a minimum standard of living or being in a prolonged economic hardship situation due to natural disasters or fires.

The minimum income level shall be determined according to the poverty standard issued by the State at each specific period.

b) Belonging to policy families or having made contributions to the revolution;

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

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

Supporting documents proving the reasons for the request for exemption or reduction of enforcement costs must accompany the application. Parties experiencing economic difficulties, being single, must have confirmation from the People's Committee of the commune where they reside or work, or confirmation from the head of the organization or entity where they receive income. Parties belonging to policy families or those who have contributed to the revolution must provide documents issued by the competent authority to prove their status. Parties suffering from disabilities or prolonged illness must have confirmation from the Medical Appraisal Board or health authorities at the district level or higher.

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

a) Parties falling under points a and c of Clause 1 of this Article shall be considered for a fifty percent (50%) reduction of the compulsory enforcement costs payable;

b) Parties falling under point a of Clause 1 of this Article who have already enforced at least half of the compulsory enforcement costs may be considered for exemption of the remaining compulsory enforcement costs.

4. Persons who are at fault in violating procedures for asset valuation, issuing decisions on exemption or reduction of compulsory enforcement costs contrary to regulations, leading to the state budget having to pay for compulsory enforcement costs, shall be responsible for compensating the state budget for that amount.

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

Article 33. Amounts of execution fees, procedures for collection, management, and utilization of execution fees

Clause 1. The amount of execution fee is 3% (three percent) of the actual amount of money or value of property received, but not exceeding VND 200 million per one request for execution.

In cases where the court does not declare the value of the asset or declares it but it is no longer appropriate (changes more than 20%) compared to the market price at the time of charging the fee, the fee collection agency shall organize the valuation of the asset to determine the execution fee that the person entitled to enforcement must pay. Valuation costs shall be covered from the retained execution fee by the civil enforcement agency.

Clause 2. The head of the civil enforcement agency issues a decision on the collection of execution fees to implement the collection of execution fees when paying money or assets to the person entitled to enforcement.

If the person entitled to enforcement does not pay the execution fee, the fee collection agency has the right to apply coercive measures to enforce the execution, including selling the asset already transferred to the person entitled to enforcement through public auction to recover the execution fee. Valuation and auction costs to collect the fee shall be borne by the person entitled to enforcement.

Clause 3. Procedures for collecting, depositing, exempting, reducing, managing, and utilizing execution fees shall be prescribed by the Ministry of Finance in coordination with the Ministry of Justice.

Article 34. Cases Not Subject to Execution Fees

The person entitled to enforcement shall not be subject to execution fees when receiving amounts of money or assets under the following circumstances:

Point 1. Maintenance payments; compensation for damage to life, health, reputation, personality; wages, labor remuneration; unemployment benefits, severance pay; social insurance payments; compensation for damage due to termination of employment contracts;

Point 2. Program funds implementing state social policies to eliminate poverty, support remote, difficult, and extremely difficult areas, directly serving the care of people's health and education without commercial purposes that the person entitled to enforcement receives;

Point 3. Assets received only have spiritual significance, attached to the identity of the recipient, and are not exchangeable;

Point 4. The amount of money or value of assets according to the requests for execution does not exceed twice the national minimum wage set by the State;

Point 5. Recovered loan amounts for the Social Policy Bank.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effectiveness and Transitional Provisions

Clause 1. This Decree takes effect from August 24, 2009.

Clause 2. In cases where judgments or decisions were pronounced before the Civil Enforcement Law took effect, the statute of limitations for requesting enforcement shall be calculated as follows:

Point a. As of June 30, 2009, if three years have passed since the judgment or decision became legally effective or since the obligation was due, the statute of limitations for requesting enforcement under the Civil Enforcement Law shall not be applied.

Point b. As of July 1, 2009, if three years have not yet passed since the judgment or decision became legally effective or since the obligation was due, the statute of limitations for requesting enforcement under the Civil Enforcement Law shall be applied.

Clause 3. For enforcement matters that have been partially executed or not completed before this Decree took effect but have already carried out enforcement procedures in accordance with the Civil Enforcement Ordinance and guiding documents, the results of enforcement shall be recognized; subsequent enforcement procedures shall continue to be implemented in accordance with this Decree.

Article 36. Responsibility for Implementation and Guidance on Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Decree.

The Minister of Justice within the scope of their duties and authority shall coordinate with relevant ministries and sectors to provide detailed regulations and guidance on the implementation of the provisions assigned in this Decree, and provide necessary guidance on other aspects of the Decree to meet the requirements of state management over civil enforcement work./.