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THE NATIONAL ASSEMBLY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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Law No. 106/2025/QH15 |
Hanoi, December 05, 2025 |
Pursuant to the Constitution of the Socialist Republic of Vietnam amended by Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on Civil Judgment Enforcement.
This Law provides for principles and procedures for enforcement of judgments, decisions and verdicts as per law (hereinafter referred to as “judgments, decisions”); organization and operation of civil judgment enforcement system, enforcers, civil judgment enforcement offices, and bailiffs; rights and obligations of judgment creditors, judgment debtors, and persons having related interests and obligations; and tasks, powers, and responsibilities of relevant agencies, organizations, and individuals for civil judgment enforcement.
Article 2. Judgments/decisions to be enforced
1. Court judgments and decisions on civil matters and bankruptcy; fines, confiscation of assets, retrospective collection of illegally earned money and assets, handling of exhibits and assets, court fees, and regulations on civil matters in criminal judgments and decisions; regulations on assets in judgments and decisions on administrative lawsuits, including;
a) Legally effective judgments and decisions: first-instance judgments and decisions or parts of first-instance judgments and decisions which are not appealed or protested against according to appellate procedures; appellate judgments and decisions; cassation or reopening decisions; decisions issued by the Supreme People’s Court and executed in accordance with the law; civil judgments and decisions issued by foreign Courts, and foreign arbitrators’ verdicts, which have been recognized and permitted to be enforced in Vietnam by Vietnamese Courts; bankruptcy declaration decisions;
b) Judgments and decisions that are immediately enforced even though they may be appealed or protested in accordance with regulations of Civil Procedure Code;
c) Decisions on application of provisional urgent measures;
2. Decisions on settlement of competition cases issued by the President of National Competition Commission, the anti-competitive settlement council, decisions on handling of complaints against decisions on settlement of competition cases related to assets owned by judgment debtors issued by the President of the National Competition Commission, the anti-competitive complaint handling council in accordance with the Law on Competition.
3. Arbitrators’ verdicts, decisions on application of provisional emergency measures, issued by the Council of Arbitrators according to the Law on Commercial Arbitration.
4. Decision to apply the diversion measure which is damage compensation issued by an investigating authority, a People’s Procuracy or a People’s Court in accordance with the Law on Juvenile Justice.
5. Other judgments and decisions to be enforced as per law.
Article 3. Definition of terms
In this Law, the terms below are construed as follows:
1. ”Litigant” means judgment creditor or judgment debtor.
2. “Judgment creditor” means an individual, agency or organization that enjoys rights and interests mentioned in an enforced judgment or decision.
3. “Judgment debtor” means an individual, agency or organization that must fulfill obligations mentioned in an enforced judgment or decision, including those whose properties are used as collateral for their obligations.
4. “Person having related interests and obligations” means an individual, agency or organization whose rights and obligations arise during the judgment enforcement organization.
5. “Prescriptive period” means a time limit after which the litigant will no longer have the right to request a civil judgment-enforcing agency or a civil judgment-enforcing office to organize the judgment enforcement under this Law.
6. “Capability of executing judgment” means a case where a judgment debtor has assets and incomes to fulfill their obligations to the assets; and fulfills their obligations to execute the judgment by himself/herself/itself or through another person.
7. “Transfer of rights and obligations to judgment enforcement” includes transfer and inheritance of rights and obligations to judgment enforcement in accordance with regulations of this Law
8. “Judgment enforcement decision” means a judgment enforcement.
9. “Documents and records” include both physical and electronic documents and records.
10. “Judgment enforcement fee” means an amount payable by a litigant when a judgment creditor receives money and assets under a judgment or decision.
11. “Civil judgment enforcement database” means a collection of information on civil and administrative judgment enforcement, and organization and operation of bailiffs.
Article 4. Civil judgment enforcement principles
1. Judgments and decisions defined in Article 2 of this Law shall be respected by all agencies, organizations and citizens. Relevant individuals, agencies and organizations shall, within their respective responsibilities, strictly abide by judgments and decisions and be responsible to the law for the enforcement thereof.
Agencies, organizations and individuals, within the scope of their tasks, powers, and obligations, are responsible for cooperating and executing decisions on enforcement of judgments, requests, and proposals from civil judgment-enforcing agencies, civil judgment-enforcing offices, enforcers, and bailiffs.
2. Judgment debtors that have capability for executing judgments but fail to voluntarily execute such judgments will be coerced to execute judgments.
If any person who obstructs the judgment enforcement organization; person who manages, possesses or uses assets used to enforce a judgment; or a custodian of person whose custody has been granted to another person fails to comply with the civil judgment-enforcing agency’s request, he/she may be coerced in accordance with regulations of this Law.”
3. State’s interests, legitimate rights and interests of litigants, persons having related interests and obligations shall be respected and protected by the law.
4. Spoken and written language to be used in enforcement of civil judgments shall be the Vietnamese. Litigants and persons having related interests and obligations may use spoken and written language of their ethnic groups; in this case interpreters are required. In case these litigants and persons having related interests and obligations that are ethnics cannot use Vietnamese language or have hearing, speech, or vision disabilities, civil judgment-enforcing agencies, civil judgment-enforcing offices shall appoint or request competent authorities to appoint interpreters.
5. Litigants, agencies, organizations, or individuals that fail to abide by judgments or decisions, or fail to execute judgment enforcement decisions, comply with requests or proposals from civil judgment-enforcing agencies, civil judgment-enforcing offices, enforcers, or bailiffs, or commit any violations against this Law, shall, depending on the nature and severity of their violations, be disciplined or face administrative penalties or criminal prosecution; if they cause damage, they must pay compensation in accordance with the law.
Article 5. Digital transformation in enforcement of civil judgments
1. Civil judgment enforcement database shall be managed by the Ministry of Justice and shared and connected with the national general database. Agencies and organizations assigned to manage the national general database, the national database, specialized databases, and other databases shall be responsible for connecting and sharing data with the civil judgment enforcement database; and responding to requests from civil judgment enforcement-managing agencies, civil judgment-enforcing agencies, and civil judgment-enforcing offices for access to and extraction of information from such databases to serve civil judgment enforcement.
The civil judgment enforcement database shall be connected, shared, provided and accessed according to regulations of the law on data and in a manner that ensures security and safety of information and protects personal data.
2. Civil judgment-enforcing agencies and civil judgment-enforcing offices shall be responsible for ensuring cybersecurity and safety of data and keeping information confidential as per law.
3. Procedures for enforcement of civil judgments as prescribed by this Law shall be followed in person or in a digital environment as recognized by the law.
Documents, records, and information related to the enforcement of civil judgments, in the form of electronic data, digitally signed, sent, received, stored, processed, and shared in a digital environment in accordance with the law shall have the same legal validity as physical documents, records and information, unless otherwise provided by law.
4. Agencies, organizations and individuals that connect, share, provide and extract data commit prohibited acts in accordance with the law shall be responsible to law. If they cause damage, they must pay compensation.
Article 6. Rights and obligations of judgment creditors
1. A judgment creditor has the following rights:
a) Select a civil judgment-enforcing agency or a civil judgment-enforcing office to request enforcement of a judgment according to regulations of this Law;
b) Verify and provide information on capability of executing the judgment of the judgment debtor;
c) Be notified of enforcement of the judgment in accordance with this Law;
d) Reach agreement with other litigants or persons having related interests and obligations on enforcement of the judgment;
dd) Request a Court to determine and divide the ownership of or the right to use assets for enforcement of the judgment; request the Court to amend the judgment/decision when any spelling mistake, inaccurate or insufficient data or miscalculation is detected; request the Court to explain the judgment/decision that is unclearly declared or difficult for enforcement; file civil lawsuits to protect their legitimate rights and interests if there is a dispute over assets related to enforcement of the judgment;
e) Request the application of security measure or coercive measure for enforcing the judgment, or suspension of the enforcement of part or all of the judgment enforcement decision in accordance with this Law;
g) Request change of the enforcer if there is a ground to believe that the enforcer is not impartial while performing his/her task;
h) Request the civil judgment-enforcing agency or the civil judgment-enforcing office to verify the judgment enforcement result according to regulations of the law. The request for verification of judgment enforcement result shall be sent electronically, submitted in person, delivered orally, or sent by post;
i) Transfer the right to enforce judgments to another person;
k) Authorize other persons to exercise their rights and fulfill their obligations;
l) Advance expenses for coercive judgment enforcement and be eligible for exemption from, or reduction of judgment enforcement fee as per law;
m) Lodge complaints and make denunciations of enforcement of the judgment.
2. A judgment creditor has the following obligations:
a) Strictly abide by the judgment/decision;
b) Comply with judgment enforcement decisions and requests made by the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs; provide their personal ID number, bank account number, or other means of payment as requested by the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs;
c) Notify the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs when there is any change in its address or place of residence;
d) Pay fees (if any) when requesting any agency, organization or individual to provide information as per law;
dd) Pay judgment enforcement fee and expenses in accordance with this Law.
Article 7. Rights and obligations of judgment debtors
1. A judgment debtor has the following rights:
a) Select a civil judgment-enforcing agency or a civil judgment-enforcing office to request enforcement of a judgment according to regulations of this Law;
b) Exercise the rights specified in points c, d, dd, g, h and m clause 1 Article 6 of this Law;
c) Transfer their judgment enforcement obligation to another person in accordance with this Law;
d) Authorize other persons to request enforcement of the judgment or the verification of the judgment enforcement result and in other cases in accordance with this Law;
dd) Be considered for reduction or cancellation of their debt; be considered for exemption from, or reduction of coercive judgment enforcement expenses in accordance with the law.
2. A judgment debtor has the following obligations:
a) Adequately and promptly execute the judgment/decision; comply with civil judgment enforcement decisions and requests made by the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs;
b) Provide their personal ID number; truthfully declare their account, assets and capability of executing the judgment; fully provide information and documents related to their assets when requested the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs, and take responsibility to the law for such declaration and provision of information;
c) Notify the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs when there is any change in its address or place of residence;
d) Pay judgment enforcement fee and expenses in accordance with this Law.
Article 8. Rights and obligations of persons having related interests and obligations
1. A person having related interests and obligations has the following rights:
a) Be notified of, and participate in enforcement of a judgment that they are involved;
b) Exercise the rights specified in point dd and point m clause 1 Article 6 of this Law;
2. A person having related interests and obligations has the following obligations:
a) Comply with judgment enforcement decisions and requests made by the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs;
b) Notify the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs when there is any change in its address or place of residence;
c) Provide information related to the judgment enforcement as requested by the civil judgment-enforcing agency, enforcers, the civil judgment-enforcing office and bailiffs.
Article 9. Civil judgment enforcement assurance
1. The State shall assure payroll and fully provide facilities, funding, head offices, means of transport, communications, professional techniques, other necessary means and equipment, and digital transformation resources for the civil judgment enforcement system; judgment enforcement support tools for civil judgment-enforcing agencies.
Civil judgment enforcement fees and other legal revenues earned by civil judgment-enforcing agencies shall be fully included in the state budget balance. After being transferred to state budget, civil judgment enforcement fees and other legal revenues shall be allocated accordingly to civil judgment enforcement-managing agencies and civil judgment-enforcing agencies to cover expenditures on increase in the number of and modernization of head offices, digital transformation, means of transport, communications, professional techniques, other necessary means and equipment, and specific operations serving management of enforcement of civil judgments and enforcement of civil judgments.
2. Enforcers, verifiers, judgment enforcement secretaries, civil servants, and other personnel in charge of enforcement of judgments under the civil judgment execution system shall be provided with uniforms, insignia, rank badges, and cards to be used during performance of their official duties; and shall be entitled to salaries and allowances suitable for their professions, and other preferential policies.
3. Head offices, equipment, documents and assets owned by civil judgment enforcement-managing agencies and civil judgment-enforcing agencies shall be protected securely and safely.
Persons performing official duties related to enforcement of judgments and persons assigned to organize civil judgment enforcement shall have their reputation, honor, dignity, secrets, information, personal data, life, health, assets, and legitimate rights and interests protected in accordance with the law.
4. The Government shall elaborate this Article.
Article 10. State management of enforcement of civil judgments
1. The Government shall uniformly perform state management of enforcement of civil judgments, organization and operation of bailiffs and have the following tasks and powers:
a) Implement measures for controlling powers, preventing and combating against corruption and mechanisms for protecting agencies, organizations, persons performing official duties related to enforcement of civil judgments, and persons assigned to organize civil judgment enforcement;
b) Issue directives to Ministries, ministerial-level agencies, Governmental agencies, and provincial People’s Committees on enforcement of civil judgments, and organization and operation of bailiffs;
c) Cooperate with the Supreme People’s Court and the Supreme People’s Procuracy in enforcement of civil judgments and operation of civil judgment-enforcing offices and bailiffs.
d) Annually report on enforcement of civil judgments to the National Assembly of Vietnam.
2. The Ministry of Justice shall act as a governing body assisting the Government in uniformly performing state management of enforcement of civil judgments and organization and operation of bailiffs, and have the following tasks and powers:
a) Cooperate with the Supreme People’s Court and the Supreme People’s Procuracy in enforcement of civil judgments and operation of civil judgment-enforcing offices and bailiffs.
b) Promulgate or request competent authorities to promulgate legislative documents on enforcement of civil judgments and organization and operation of bailiffs;
c) Provide guidance for, direct and train enforcers, inspectors, other civil servants in charge of enforcement of civil judgments, and bailiffs; conduct inspection, settle complaints and denunciations, give commendation, and handle violations against regulations on enforcement of civil judgments and organization and operation of bailiffs;
d) Promulgate and comply with regulations on statistics, administrative management procedures, and professional forms for enforcement of civil judgments;
dd) Perform other tasks and powers according to the Government’s regulations.
3. The Minister of National Defense shall cooperate with the Minister of Justice of Vietnam in state management of enforcement of civil judgments in the Army.
Ministries, ministerial-level agencies, Governmental agencies, within the scope of their tasks and functions, shall perform and take responsibilities for state management of enforcement of civil judgments according to the Government’s regulations and relevant laws.
4. Provincial People’s Committees have the following tasks and powers:
a) Perform state management of organization and operation of local bailiffs in accordance with the Government’s regulations;
b) Direct cooperation among relevant agencies in enforcing civil judgments within their provinces; promptly solve problems and difficulties arising in the course of cooperation among relevant agencies in enforcing civil judgments;
c) Direct organization of coercive enforcement of judgments or decisions related to big and complicated lawsuits impacting security and social order and safety within their provinces at the request of heads of civil judgment-enforcing agencies;
d) Chairpersons of the provincial People’s Committees shall settle complaints about appointment, reappointment, and dismissal of bailiffs; registration as bailiffs and issuance of bailiff cards; suspension of bailiffs; and establishment, registration of operation, conversion, merger, consolidation, transfer, suspension of operations, and termination of operations of civil judgment-enforcing offices in accordance with the law on complaints;
dd) Perform other tasks and powers according to the Government’s regulations.
5. Commune-level People’s Committees have the following tasks and powers:
a) Cooperate with enforcers, civil judgment-enforcing agencies, civil judgment-enforcing offices and bailiffs in mobilizing and persuading litigants to voluntarily execute judgments, notifying enforcement of judgments, verifying capability of executing judgments, applying security measures, applying coercive measures for enforcing judgments, and performing other civil judgment enforcement tasks within their communes;
b) Promptly resolve recommendations, and remove obstacles and difficulties arising from cooperation among specialized agencies affiliated to commune-level People’s Committees and relevant organizations and individuals in enforcement of civil judgments within their communes; and ensure security, order, and social safety during the judgment enforcement organization in accordance with the law;
c) Provide information and capability of executing judgments as requested by civil judgment-enforcing agencies, enforcers, civil judgment-enforcing offices and bailiffs;
d) Participate and cooperate in organization of coercive enforcement of judgments within their communes as requested by civil judgment-enforcing agencies and enforcers;
dd) Participate in councils for destruction of exhibits and assets as requested by civil judgment-enforcing agencies; receive and handle exhibits and assets confiscated by the State according to this Law;
e) Perform other tasks and powers according to the Government’s regulations.
Article 11. Tasks and powers of People’s Courts over enforcement of civil judgments
1. People’s Courts have the following tasks and powers:
a) Transfer judgments, decisions and relevant documents to civil judgment-enforcing agencies as per law;
b) Respond to, within their jurisdiction, recommendations from civil judgment-enforcing agencies and civil judgment-enforcing offices about review of court judgments or decisions according to cassation or re-opening procedures within the time limit as prescribed by the law;
c) Cooperate with relevant agencies in enforcement of civil judgments;
d) Fulfill responsibilities of judgment/decision issuers according to Article 13 of this Law;
dd) Perform other tasks and powers as prescribed in law.
2. The Supreme People’s Court has the following tasks and powers:
a) Have tasks and powers as provided in clause 1 of this Article;
b) Request civil judgment-enforcing agencies or civil judgment-enforcing offices to report results of enforcement of judgments and decisions when necessary;
c) Cooperate with the Ministry of Justice and the Ministry of National Defense in issuing legislative documents on enforcement of civil judgments and finally reviewing enforcement of civil judgments;
d) Consider decisions on reduction or cancellation of debts according to re-opening procedures in accordance with law;
dd) Request People’s Courts at all levels to respond to requests and implement recommendations made by litigants, persons having related interests and obligations, civil judgment-enforcing agencies and civil judgment-enforcing offices within the prescribed time limit.
In case of receipt of feedback on obstacles to response to requests or recommendations from civil judgment-enforcing agencies or civil judgment-enforcing offices, the Supreme People’s Court shall request People’s Courts at all levels to remove such obstacles;
e) Request People’s Courts at all levels to cooperate with civil judgment-enforcing agencies or civil judgment-enforcing offices in enforcing civil judgments;
g) Cooperate with the Ministry of Justice in establishing, connecting, sharing, and accessing the civil judgment enforcement database; and provide guidance for People’s Courts at all levels on online receipt and transfer of documents, records and information.
3. The Central Military Court has the following tasks and powers:
a) Have tasks and powers as provided in clause 1 of this Article;
b) Consider decisions on reduction or cancellation of debts according to re-opening procedures in accordance with law.
4. Provincial People’s Courts and Military Courts of military zones and equivalents have the following tasks and powers:
a) Have tasks and powers as provided in clause 1 of this Article;
b) Settle protests against decisions on reduction or cancellation of debts payable to state budget in accordance with this Law;
c) Consider decisions on reduction or cancellation of debts according to re-opening procedures in accordance with law.
5. Regional People’s Courts and Military Courts have the following tasks and powers:
a) Have tasks and powers as provided in clause 1 of this Article;
b) Consider deciding reduction or cancellation of debts payable to state budget;
c) Accept and promptly respond to requests made by civil judgment-enforcing agencies and litigants for identification of the ownership or the right to use assets, division of assets or settlement of disputes over the ownership or the right to use assets, annulment of documents or cancellation of transactions arising in the course of enforcement of judgments within their jurisdiction; if the conditions are met according to the Civil Procedure Code, simplified procedures shall be followed.
Article 12. Tasks and powers of People’s Procuracies over enforcement of civil judgments
1. People’s Procuracies shall supervise compliance with laws issued by Courts, civil judgment-enforcing agencies, enforcers, civil judgment-enforcing offices, bailiffs, relevant agencies, organizations and individuals on enforcement of civil judgments.
When supervising the enforcement of civil judgments, People’s Procuracies have tasks and powers according to regulations of the Law on Organization of People’s Procuracies and this Law; shall be responsible for supervision of enforcement of civil judgments as per law.
When supervising compliance with law on resolution of complaints about or settlement of denunciations of enforcement of civil judgments, Procuracies are entitled to request and recommend civil judgment-enforcing agencies, civil judgment-enforcing offices and agencies, organizations and individuals to take responsibilities for resolution of complaints about or settlement of denunciations of enforcement of civil judgments.
2. The Supreme People’s Procuracy has the following tasks and powers:
a) Cooperate with the Ministry of Justice and the Ministry of National Defense in issuing legislative documents on enforcement of civil judgments, controlling powers and preventing corruption in enforcement of civil judgments and supervising enforcement of civil judgments;
b) Supervise and direct Procuracies at all levels to supervise enforcement of civil judgments as per law;
c) Cooperate with the Ministry of Justice of Vietnam in finally reviewing enforcement of civil judgments;
d) Direct People’s Procuracies at all levels to cooperate with competent People’s Courts and local civil judgment-enforcing agencies to review, assess, identify, and resolve cases where judgments or decisions are unclearly declared or difficult for enforcement;
dd) Cooperate with the Ministry of Justice in establishing, connecting, sharing, and accessing the civil judgment enforcement database; and direct and provide guidance for People’s Courts at all levels on online receipt and transfer of documents, records and information.
3. The jurisdiction of People’s Procuracies at all levels over supervision of enforcement of civil judgments shall be similar to the jurisdiction over protest or recommendation as specified in clause 1 Article 112 of this Law.
Article 13. Responsibilities of judgment/decision issuers
1. Ensure that judgments or decisions that have been declared are accurate, explicit, specific and practical.
2. Process and respond to requests and implement recommendations made by litigants, persons having related interests and obligations, civil judgment-enforcing agencies and civil judgment-enforcing offices within the prescribed time limit.
3. Issue documents amending judgments and decisions when detecting spelling mistakes, inaccurate or insufficient data or miscalculation, or explaining judgments and decisions that are unclearly declared or difficult for enforcement within 30 days from the date of receipt of requests from litigants, civil judgment-enforcing agencies, or civil judgment-enforcing offices; regarding complex cases, the response must be given within 45 days from the date of receipt of requests. In case where there are no grounds for amendments to or explanation about judgments or decisions, written responses clearly stating reasons must be given.
Article 14. Responsibilities of agencies, organizations and individuals for enforcement of civil judgments
1. The State Treasury, credit institutions, foreign bank branches, social security authorities, agencies registering assets and secured transactions, tax authorities, Public Security agencies, agencies and organizations assigned to monitor and manage persons serving criminal sentences, specialized agencies affiliated to People’s Committees, and relevant agencies, organizations, and individuals shall be responsible for promptly abiding by judgment enforcement decisions, documents, requests and proposals from civil judgment-enforcing agencies and enforcers for verification of capability of executing judgments, and application of security measures, and coercive measures for enforcing judgments, and other judgment enforcement procedures in accordance with regulations of law.
2. In case of resistance or obstruction to enforcement of judgments, civil judgment-enforcing agencies shall request Public Security agencies to ensure order and safety in accordance with regulations of law.
The responsibilities of Public Security agencies according to clause 1 of this Article shall be fulfilled in such a way to avoid obstructing performance of their international and urgent criminal tasks as prescribed by the Law on Extradition and other relevant laws.
Article 15. Civil judgment enforcement supervision
The National Assembly, the National Assembly Standing Committee, Ethnic Council, the National Assembly Committees, the National Assembly deputies’ delegations, the National Assembly deputies and People’s Councils at all levels, Vietnam Fatherland Front and its affiliated socio-political organizations, within the scope of their tasks and powers, shall supervise operations conducted by civil judgment-enforcing agencies, civil judgment-enforcing offices and other state authorities during the enforcement of civil judgments as per law.
1. Agencies, organizations and individuals are prohibited from committing the following acts:
a) Failing to abide by judgments and decisions; failing to comply with decisions and requests made by civil judgment-enforcing agencies, enforcers, civil judgment-enforcing offices and bailiffs; resisting, delaying, or causing difficulties for or obstructing organization of enforcement of judgments;
b) Taking bribes; appropriating or illegally using exhibits, money, or assets used for enforcement of judgments; breaking seals, using, swapping, concealing, destroying, or dispersing exhibits and assets temporarily seized; altering the current status, or transferring the ownership or the right to use assets used for enforcement of judgments;
c) Intentionally failing to issue judgment enforcement decisions or issue unlawful ones; applying unlawful measures for coerce enforcement of judgments;
d) Taking advantage of or abusing positions and powers to obstruct or illegally interfere in settlement of enforcement of judgments, or taking advantage of their influence to affect persons in charge of enforcing judgments; intentionally enforcing judgments or decisions in violation of their contents; taking advantage of or abusing positions and powers to illegal enforce or delay enforcement of judgments;
dd) Forging or falsifying documents, records, information, or electronic data to evade obligations to enforce judgments or prolong the duration of organization of enforcement of judgments; disclosing or taking advantage of or abusing information on accounts, income, and assets owned by judgment debtors for illegal use or to affect enforcement of judgments;
e) Infringing upon or threatening to infringe upon security, safety and order of head offices of civil judgment-enforcing agencies and locations where judgment enforcement activities take place;
g) Lodging complaints, issuing denunciations, giving feedback, or spreading information in the knowledge that it is false in order to incite, falsely accuse, slander, or insult prestige, sanctity, honor and dignity of agencies, organizations, or on-duty persons during the judgment enforcement;
h) Being irresponsible and intentionally delaying leading, directing, and offering protection of agencies, organizations, and on-duty persons during the judgment enforcement;
i) Infringing upon the life, health, prestige, honor, dignity, or assets of enforcers, bailiffs, other persons participating in enforcement of judgments, or their relatives;
k) Avoid paying judgment enforcement fees and other amounts payable.
2. Enforcers are prohibited from committing the following acts:
a) Committing the acts specified in points b, c, d and dd clause 1 of this Article;
b) Committing acts prohibited from performance by civil servants according to regulations of law;
c) Breaking ethical code applicable to enforcers;
d) Directly organizing enforcement of judgments related to their own rights and interests and those of their spouses, blood children or adopted children; their blood parents, adoptive parents, paternal or maternal grandparents, uncles, aunts, and blood siblings or those of their spouses; nephews and nieces whose blood parents are their blood siblings.
3. Bailiffs are prohibited from committing the following acts:
a) Committing the acts specified in points b, d and dd clause 1 of this Article;
b) Breaking ethical code applicable to bailiffs;
c) Taking advantage of or abusing the assigned tasks and powers, and using the provided information to threaten, harass, or commit other violations against agencies, organizations, or individuals during the judgment enforcement organization;
d) Directly organizing enforcement of judgments related to their own rights and interests and those of their spouses, blood children or adopted children; their blood parents, adoptive parents, paternal or maternal grandparents, uncles, aunts, and blood siblings or those of their spouses; nephews and nieces whose blood parents are their blood siblings;
dd) Practicing at least 02 civil judgment-enforcing offices; simultaneously acting as lawyers, notaries, asset management officers, auctioneers, judicial experts, or price appraisers.
CIVIL JUDGMENT ENFORCEMENT SYSTEM AND CIVIL JUDGMENT-ENFORCING OFFICES
Section 1. CIVIL JUDGMENT ENFORCEMENT SYSTEM AND ENFORCERS
Article 17. Civil judgment enforcement system
1. Civil judgment enforcement-managing agencies include civil judgment enforcement-managing agencies affiliated to the Ministry of Justice and the Ministry of National Defense.
2. Civil judgment-enforcing agencies include provincial civil judgment-enforcing agencies and civil judgment-enforcing agencies of military zones and equivalents (hereinafter referred to as “military zone-level civil judgment-enforcing agencies”).
3. The civil judgment enforcement system shall be uniformly organized from central level to local level in accordance with this Law and relevant laws.
Article 18. Civil judgment enforcement-managing agencies
1. The civil judgment enforcement-managing agency affiliated to the Ministry of Justice shall advise and assist the Minister of Justice to perform state management and organize execution of laws on enforcement of civil judgments, and organization and operation of bailiffs as per law.
The civil judgment enforcement-managing agency affiliated to the Ministry of Justice is a juridical person, and has its own seal bearing the National Emblem, head office and account.
2. The judgment enforcement-managing agency affiliated to the Ministry of National Defense shall advise and assist the Minister of National Defense to perform tasks and exercise powers in accordance with the law.
The civil judgment enforcement-managing agency affiliated to the Ministry of National Defense is a juridical person, and has its own seal bearing the National Emblem, head office and account.
3. The Minister of Justice shall issue regulations on name, functions, tasks, powers and organizational structure of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice. The Minister of National Defense shall issue regulations on name, functions, tasks, powers and organizational structure of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense.
Article 19. Civil judgment-enforcing agencies
1. Civil judgment-enforcing agencies are agencies organizing enforcement of judgments and decisions as prescribed in this Law and relevant laws.
2. Each civil judgment-enforcing agency is composed of a Head and Deputy Heads, is a juridical person and has its own seal bearing the National Emblem, head office and account. Chief of the civil judgment-enforcing agency is its Head.
3. Organizational structure of a provincial civil judgment-enforcing agency includes:
a) Division of Professional Affairs and Organization of Civil Judgment Enforcement;
b) Regional Civil Judgment Enforcement Division;
c) Other divisions.
4. The Minister of Justice shall issue regulations on name, functions, tasks, powers and organizational structure of each provincial civil judgment-enforcing agency. The Minister of National Defense shall issue regulations on name, functions, tasks, powers and organizational structure of each military zone-level civil judgment-enforcing agency.
Article 20. Tasks and powers of provincial civil judgment-enforcing agencies
1. Manage, direct, and provide professional guidance on, inspect, and urge enforcement of civil judgments within their provinces; uniformly apply regulations of law to enforcement of civil judgments.
2. Directly organize enforcement of judgments and decisions specified in clause 1 Article 32 of this Law.
3. Make applications for reduction or cancellation of debts; cooperate with competent authorities in making documentation requesting pardon or reduction of imprisonment sentences for judgment debtors.
4. Settle complaints about and denunciations of enforcement of civil judgments within their jurisdiction under this Law.
5. Manage civil servants, facilities, funding, and operation equipment of civil judgment-enforcing agencies in accordance with regulations of law and guidance and direction given by the civil judgment enforcement-managing agency affiliated to the Ministry of Justice.
6. Assist provincial People’s Committees in fulfilling their responsibilities, performing tasks, and exercising powers over enforcement of civil judgments as prescribed by law.
7. Report to provincial People’s Councils and People’s Committees on results of enforcement of civil judgments; correction, amendments, and explanation of judgments and decisions, and implementation of recommendations from Courts; cooperation and other matters in enforcement of civil judgments as prescribed by law; and report to Courts on results of enforcement of judgments and decisions when requested.
8. Establish and update the civil judgment enforcement database in accordance with the law and as delegated by competent authorities.
9. Access, retrieve, extract, and use information included in the National General Database, national and specialized databases, and other databases as prescribed by law to serve enforcement of civil judgments.
10. Cooperate with other civil judgment-enforcing agencies and civil judgment-enforcing offices and relevant agencies, organizations and individuals as per law.
11. Finally review enforcement of civil judgments; compile statistics and reports on organization of enforcement and enforcement of civil judgments in accordance with the law and guidelines provided by the civil judgment enforcement-managing agency affiliated to the Ministry of Justice.
12. Perform other tasks and powers as prescribed in law.
Article 21. Tasks and powers of military zone-level civil judgment-enforcing agencies
1. Directly organize enforcement of judgments and decisions specified in clause 3 Article 32 of this Law.
2. Finally review enforcement of civil judgments within their jurisdiction; compile statistics and reports on organization of enforcement and enforcement of civil judgments in accordance with the law and guidelines provided by the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense; report to Courts on results of enforcement of judgments and decisions when requested.
3. Settle complaints about and denunciations of enforcement of civil judgments within their jurisdiction under this Law.
4. Cooperate with functional authorities to manage civil servants, facilities, funding, and operation equipment of military zone-level civil judgment-enforcing agencies in accordance with regulations of law and guidance and direction given by the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense.
5. Make applications for reduction or cancellation of debts; cooperate with competent authorities in making documentation requesting pardon or reduction of imprisonment sentences for judgment debtors.
6. Assist commanders of military zones and equivalent levels in fulfilling their responsibilities, performing tasks, and exercising powers over enforcement of civil judgments as prescribed by law.
7. Establish and update the civil judgment enforcement database in accordance with the law and as delegated by competent authorities.
8. Access, retrieve, extract, and use information included in the National General Database, national and specialized databases, and other databases as prescribed by law to serve enforcement of civil judgments.
9. Cooperate with other civil judgment-enforcing agencies and relevant agencies, organizations and individuals as per law.
10. Perform other tasks and powers as prescribed in law.
Article 22. Heads or Deputy Heads of civil judgment-enforcing agencies
1. Head and Deputy Head(s) of a civil judgment-enforcing agency are intermediate-level enforcers or higher-level enforcers.
2. The Head of the civil judgment-enforcing agency has the following tasks and powers:
a) Issue civil judgment enforcement decisions and other judgment enforcement decisions and documents within his/her jurisdiction;
b) Manage, direct and inspect enforcement of civil judgments by the civil judgment-enforcing agency;
c) Request and recommend agencies, organizations and individuals to comply with requests, implement recommendations or cooperate in enforcement of civil judgments;
d) Request the judgment/decision issuer to amend judgments and decisions when any spelling mistake, inaccurate or insufficient data or miscalculation is detected and explain contents unclear or inappropriate to the actual situation in such judgments and decisions.
In case it is found that amendments to or explanation of a judgment/decision are unclear or the judgment/decision is still difficult to be enforced, a written request shall be submitted to the immediate superior People’s Court for consideration and settlement. The immediate superior People’s Court shall request the Court that issued the judgment/decision to provide a written response;
dd) Recommend competent persons to lodge protests according to cassation or reopening procedures against judgments or decisions or recommend competent authorities or persons to propose decisions issued by the Council of Justices of the Supreme People’s Court if there are grounds in accordance with the law;
e) Resolve and respond to protests, requests, and recommendations from Procuracies; recommend competent state authorities to take disciplinary actions, impose administrative penalties/fines, or criminally prosecute violators;
g) Settle complaints about and denunciations of enforcement of civil judgments;
h) Organize preparation of reports and statistics on enforcement of civil judgments;
i) Impose penalties for administrative violations within his//her jurisdiction;
k) Directly organize enforcement of judgments, perform tasks and exercise powers of enforcers specified in Article 25 of this Law;
l) Heads of provincial civil judgment-enforcing agencies shall allocate, provide professional and operational guidance, direct and inspect the enforcement of civil judgments by enforcers and civil servants of civil judgment-enforcing agencies; and perform other tasks as delegated and devolved in accordance with the law;
m) Heads of military zone-level civil judgment-enforcing agencies shall provide professional and operational guidance, direct and inspect the enforcement of civil judgments by enforcers and personnel in charge of enforcement of judgments under his/her management; and perform other tasks as delegated and devolved in accordance with the law;
n) Perform other tasks and powers as prescribed in law.
3. Deputy Head(s) of the civil judgment-enforcing agency shall perform tasks and powers as assigned or authorized by their Heads and take responsibilities for assigned or authorized tasks.
Heads of civil judgment-enforcing agencies may assign or authorize heads of the units specified in clause 3 Article 19 of this Law to perform their tasks and powers, except for cases where authorization is not permitted by law.
Heads of civil judgment-enforcing agencies shall be responsible to the law for the legality of the assignment and authorization of tasks and powers and the results of performance of such tasks and powers, except for cases where persons who are assigned or authorized fail to adhere to the contents, scope and period of assignment or authorization.
Persons who are assigned or authorized shall perform tasks and powers as authorized and take responsibilities to Heads of civil judgment-enforcing agencies for results of performance of tasks and powers as assigned or authorized.
4. Heads and Deputy Heads of provincial civil judgment-enforcing agencies shall be appointed and dismissed by the Minister of Justice; Heads and Deputy Heads of military zone-level civil judgment-enforcing agencies shall be appointed and dismissed by the Minister of National Defense.
5. The Government shall elaborate clause 3 of this Article and standards and procedures for appointing and dismissing Heads and Deputy Heads of civil judgment-enforcing agencies.
Article 23. Enforcers and chief enforcers
1. Enforcers are those assigned by the State to enforce the judgments and decisions specified in Article 2 of this Law. There are three enforcer ranks: primary-level enforcers, intermediate-level enforcers and high-level enforcers.
2. Heads of regional civil judgment-enforcing divisions are also chief enforcers.
Chief enforcers shall perform the tasks and powers of enforcers; provide guidance for enforcers and direct them to organize the enforcement of civil judgments at regional civil judgment-enforcing divisions; and perform other tasks and powers as assigned or authorized by Heads of civil judgment-enforcing agencies.
Chief enforcers shall be responsible to the law and Heads of civil judgment-enforcing agencies for the performance of the assigned tasks and powers.
3. Enforcers shall be appointed, dismissed and relieved by the Minister of Justice.
Article 24. Appointing, dismissing and relieving enforcers of their duties
1. A civil servant appointed as a primary-level enforcer must meet the following conditions and standards:
a) Be loyal to the Fatherland, honest, non-corruptible, and has good ethical quality and good health to perform the assigned tasks;
b) Possess a bachelor of laws degree or higher;
c) Be engaged in legal affairs for 03 years or more;
d) Be trained in enforcement of civil judgments;
dd) Pass the examination for selection of enforcers.
2. A person appointed as an intermediate-level enforcer must meet one of the following conditions and standards:
a) Work as a primary-level enforcer for 5 years or more and meet the requirements for the intermediate-level enforcer position;
b) Be a primary-level enforcer appointed by the Deputy Head of the civil judgment-enforcing agency, the Head of the regional civil judgment-enforcing division or the Head of the Division of Professional Affairs and Organization of Civil Judgment Enforcement.
3. A person appointed as a high-level enforcer must meet one of the following conditions and standards:
a) Work as an intermediate -level enforcer for 5 years or more and meet the requirements for the high-level enforcer position;
b) Be an intermediate -level enforcer appointed by the Head of the civil judgment-enforcing agency.
4. An in-service army officer may be appointed as a primary-level military enforcer when he/she meets all conditions and standards specified in points a, b, c, d and dd clause 1 of this Article.
Conditions and standards to be satisfied by persons to be appointed as intermediate-level military enforcers and high-level military enforcers are prescribed in clauses 2 and 3 of this Article.
5. Incumbent judges, procurators and investigators who are transferred to civil judgment-enforcing agencies or those who were acted as enforcers but are now assigned to perform other tasks and fully satisfy the conditions specified in points a and b clause 1 of this Article may be appointed as enforcers of equivalent ranks.
6. In special cases, due to the demands for appointment of Heads and Deputy Heads of civil judgment-enforcing agencies, persons who fully satisfy the conditions and standards specified in clause 1 of this Article and have been engaged in legal affairs for 10 years or more or 15 years or more may be appointed as intermediate-level or high-level enforcers, respectively.
In special cases, due to the demands for appointment of Heads and Deputy Heads of Divisions of Professional Affairs and Organization of Civil Judgment Enforcement and regional civil judgment-enforcing divisions, persons who fully satisfy the conditions and standards specified in points a and b clause 1 of this Article and have been engaged in legal affairs for 05 years or more or 10 years or more may be appointed as primary-level or high-level enforcers, respectively.
7. Enforcers will be automatically dismissed in case they retire, resign, are transferred to other agencies or appointed to other positions.
8. Enforcers may be considered for dismissal in the following cases:
a) They are unable to fulfill their tasks due to family circumstances or poor health;
b) They have inappropriate professional qualifications and limited capacity for fulfillment of their tasks or they no longer satisfy the conditions and standards applicable to enforcers for other reasons.
c) They are dismissed in accordance with their wishes.
9. The enforcer may be relieved of his/her duties in the following cases:
a) The violation committed by the enforcer is not serious enough to justify termination or criminal prosecution but relief from duty is deemed necessary;
b) He/she commits a serious violation specified in clause 2 Article 16 of this Law and relief from duty is deemed necessary.
10. The Government shall elaborate this Article.
Article 25. Tasks and powers of enforcers
1. Organize the settlement of the assigned cases; issue judgment enforcement decisions and other documents within their jurisdiction.
2. Strictly enforce contents of judgments or decisions; correctly apply regulations of law on procedures for enforcement of judgments, thereby protecting the interests of the State and the legitimate rights and interests of litigants and persons having related interests and obligations; and strictly observe regulations on work ethics of enforcers as prescribed by the Minister of Justice.
3. Summon litigants and persons having related interests and obligations for enforcement of judgments.
4. Verify assets and capability of executing judgments; request relevant agencies, organizations and individuals to supply and share information, data and documents for the verification of addresses and capability of executing judgments of judgment debtors or cooperate with relevant agencies in handling exhibits, assets and other matters related to enforcement of judgments.
5. Apply security measures and coercive measures for enforcing judgments in accordance with this Law.
6. Request police authorities to handle individuals who commit acts of disturbing public order, resisting or obstructing the organization of enforcement of judgments, or opposing on-duty officials during the organization of enforcement of judgments in accordance with the law.
7. Propose competent agencies to discipline, impose administrative penalties and fines on, or criminally prosecute violators.
8. Apply coercive measures in accordance with this Law to recover money and assets already paid/transferred to litigants in contravention of law, or collect judgment enforcement fees and other amounts payable.
9. Use support tools while performing their tasks according to the Government’s regulations.
10. Make written records of violations against the law on enforcement of civil judgments; impose administrative penalties and fines within their jurisdiction.
11. Perform other tasks and powers prescribed in law or as assigned by Heads of civil judgment-enforcing agencies.
12. When performing tasks and powers, enforcers shall comply with the law and be responsible to the law for their decisions and acts.
Section 2. CIVIL JUDGMENT-ENFORCING OFFICES AND BAILIFFS
Article 26. Civil judgment-enforcing offices
1. Civil judgment-enforcing office is a workplace where enforcers organize enforcement of judgments and perform other tasks in accordance with the law.
2. The civil judgment-enforcing office is organized and operates according to this Law and relevant laws on corresponding enterprise type; it has its own head office, seal and account.
3. The civil judgment-enforcing office established by 01 bailiff is organized as a private enterprise. The private enterprise’s owner is also the head of the civil judgment-enforcing office and must be a bailiff who has practiced as a bailiff for at least 02 years.
The civil judgment-enforcing office established by at least 02 bailiffs is organized as a partnership. The head of the civil judgment-enforcing office must be a general partner of the civil judgment-enforcing office and has practiced as a bailiff for at least 02 years.
The head of the civil judgment-enforcing office is the legal representative of the civil judgment-enforcing office, and manages and operates the office. The head is not permitted to hire another individual to manage the civil judgment-enforcing office, and lease the office out.
4. Disputes over contracts, execution of contracts, and non unstipulated compensation for damage related to the performance of tasks by the civil judgment-enforcing office and bailiffs shall be resolved by competent authorities in accordance with the civil law and the civil procedure law.
5. The Government shall elaborate organization and operation of civil judgment-enforcing offices.
Article 27. Tasks and powers of civil judgment-enforcing offices
1. Organize enforcement of judgments and decisions in accordance with this Law.
2. Reach agreements and sign contracts with requesters; perform tasks under contracts, receive remuneration, and be reimbursed for expenses as agreed upon and in accordance with the law.
3. Sign employment contracts and manage bailiffs and other employees in their offices to ensure that such bailiffs and employees comply with the law and professional ethical standards for bailiffs as prescribed by the Minister of Justice.
4. Purchase professional liability insurance for bailiffs working for civil judgment-enforcing offices in accordance with the Government’s regulations.
5. Pay damages caused by violations against laws committed by Heads of civil judgment-enforcing offices, bailiffs and other employees as per law.
In case where a civil judgment-enforcing office has been converted, merged, or consolidated, a civil judgment-enforcing office inheriting the rights and obligations of such civil judgment-enforcing office is responsible for paying damages; in case where the civil judgment-enforcing office has been dissolved or terminated its operations, bailiffs or other employees directly causing damages must pay such damages, even if they are no longer bailiffs or employees of the civil judgment-enforcing office.
6. Comply with requests from competent state authorities for statistics, reports, inspection, audit, appeals, protests, resolution of complaints and denunciations, and other requests related to enforcement of judgments as prescribed by law.
7. Prepare, manage, and use operational records and documents, and store them in accordance with the law; collect, manage and use expenses for performance of tasks by bailiffs in accordance with the law.
8. Develop, establish, and update databases in accordance with the law; extract information from the National General Database, national and specialized databases, and other databases as prescribed by law.
9. Cooperate with other civil judgment-enforcing agencies and civil judgment-enforcing offices and relevant agencies, organizations and individuals as per law.
10. Enable and encourage litigants to reach agreements on enforcement of judgments in accordance with the law; assist, record, and organize the implementation of agreements among litigants to protect the legitimate rights and interests of all parties during the enforcement of civil judgments.
11. Perform other tasks and powers as prescribed in law.
Article 28. Tasks and powers of Heads of civil judgment-enforcing offices
1. Organize performance of tasks and powers of civil judgment-enforcing offices
2. During the enforcement of civil judgments, Heads of civil judgment-enforcing offices have the following tasks and powers:
a) Have tasks and powers specified at points a, c, d, dd, e and h clause 2, Article 22 of this Law;
b) Settle complaints about enforcement of civil judgments under this Law;
c) Directly organize enforcement of judgments, perform tasks and exercise powers of bailiffs specified in Article 30 of this Law.
3. Perform other tasks and powers as prescribed in law.
1. Bailiffs are those assigned by the State to enforce judgments and decisions and perform other tasks in accordance with this Law and relevant laws.
2. Vietnamese citizens who are loyal to the Fatherland, honest, non-corruptible, and have good ethical quality, have at least bachelor’s degree in law, have undergone professional training for bailiffs, and meet other standards may be appointed as bailiffs.
3. Bailiffs are entitled to establish, participate in the establishment of civil judgment-enforcing offices, or work under contracts at civil judgment-enforcing offices, and must strictly comply with the law and ethical standards applicable to bailiffs.
Bailiffs are responsible for paying damages in accordance with the law and reimbursing civil judgment-enforcing offices for amounts paid by such offices in accordance with the law in case where bailiffs are at fault and cause damage.
4. Bailiffs shall be appointed and dismissed by Chairpersons of People’s Committees.
5. The Government shall provide for standards and procedures for appointing and dismissing bailiffs.
Article 30. Tasks and powers of bailiffs
1. Bailiffs may perform the following tasks:
a) Organize enforcement of judgments in accordance with this Law;
b) Verify capability of executing judgments as requested by litigants and persons having related interests and obligations;
c) Serve documents and records;
d) Produce reports as requested by agencies, organizations and individuals;
dd) Perform other tasks as prescribed by law.
2. When organizing enforcement of civil judgments, bailiffs have the following tasks and powers:
a) Organize settlement of cases as assigned;
b) Strictly enforce contents of judgments or decisions; correctly apply regulations of laws on procedures for enforcement of judgments, thereby protecting the interests of the State and the legitimate rights and interests of litigants and persons having related interests and obligations;
c) Request litigants and persons having related interests and obligations to settle enforcement of judgments at civil judgment-enforcing offices;
d) Verify assets and capability of executing judgments in accordance with this Law; request relevant agencies, organizations and individuals to supply information and documents for the verification of addresses, assets and capability of executing judgments of judgment debtors. Bailiffs are entitled to conduct verification outside provinces and cities where their civil judgment-enforcing offices are headquartered.
Civil judgment-enforcing offices and bailiffs have the obligations to pay expenses (if any) in accordance with the law when requesting agencies, organizations and individuals to provide information according to this Law;
dd) Request competent authorities and organizations to freeze accounts and assets in places of their deposit; suspend transactions, registration, transfer of the ownership, the rights to use and change the current condition of assets;
e) Request competent authorities to handle administrative violations against regulations on enforcement of civil judgment according to the law;
g) Perform other tasks and powers as per law.
3. When verifying capability of executing judgments as requested, bailiffs shall comply with regulations in point d clause 2 of this Article.
4. Bailiffs shall perform the tasks specified in points c and d clause 1 of this Article according to the Government’s regulations
5. When performing their tasks or exercising their powers, bailiffs shall comply with law and be responsible to law and requesters for performance of their tasks.
Article 31. Civil judgment enforcement organization by civil judgment-enforcing offices and bailiffs
1. Civil judgment-enforcing offices shall organize enforcement of judgments and decisions specified in clause 1 Article 32 of this Law as requested by litigants within provinces and cities where they are headquartered, except for regulations in point k clause 1 Article 32 and clause 2 Article 33 of this Law.
In case of any dispute over the jurisdiction to organize the enforcement of judgments between civil judgment-enforcing agencies and civil judgment-enforcing offices, the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice shall make a decision.
2. The judgment enforcement request shall comply with Article 34 of this Law.
If litigants request multiple civil judgment-enforcing agencies and civil judgment-enforcing offices to organize the enforcement of a judgment/decision, they shall cooperate in enforcement of such judgment/decision.
3. The judgment enforcement organization agreement between the judgment enforcement requester and the civil judgment-enforcing office shall be made in the form of a service contract.
The judgment enforcement requester and the civil judgment-enforcing office shall reach an agreement on remuneration, judgment enforcement expenses, and other expenses (if any).
4. Within 05 working days from the date of signature of the service contract, the Head of civil judgment-enforcing office shall issue a judgment enforcement decision.
Regulations in Chapter III of this Law shall apply in case where civil judgment-enforcing offices organize the enforcement of judgments; Heads of civil judgment-enforcing offices shall follow the same procedures for enforcement of judgments as those followed by Heads of civil judgment-enforcing agencies; and bailiffs shall follow the same procedures for enforcement of judgments as those followed by enforcers. Heads of civil judgment-enforcing offices and bailiffs must not apply regulations related to entrustment of enforcement of judgments and handling of assets, application of security measures or coercive measures for enforcing judgments and regulations related to cases where civil judgment-enforcing agencies proactively issue judgment enforcement decisions.
5. Civil judgment enforcement by civil judgment-enforcing offices shall terminate and the parties shall terminate service contracts in the following cases:
a) There are grounds specified in Article 55 of this Law;
b) The judgment enforcement terminates according to agreements between civil judgment-enforcing offices and judgment enforcement requesters;
c) There are grounds to determine that judgments are not yet enforceable according to regulations of clause 1, Article 38 of this Law, except for cases where civil judgment-enforcing offices and judgment enforcement requesters reach other agreements;
d) Requesters send proposals to civil judgment-enforcing offices for termination of enforcement of judgments and transfer such judgments to civil judgment-enforcing agencies to apply security measures or coercive measures for enforcing judgments;
dd) Judgment debtors request enforcement of judgments but fail to fulfill all obligations under judgments/decisions within 30 days from the date of issuance of enforcement decisions, except for emergency, objective obstacles, or force majeure. After termination of contracts, judgment debtors must not request civil judgment-enforcing offices to organize enforcement of judgments.
6. Within 02 working days from the date of termination of contracts according to point b clause 5 of this Article, Heads of civil judgment-enforcing offices shall revoke judgment enforcement decisions and transfer judgment enforcement dossiers to competent civil judgment-enforcing agencies, except for cases where requesters do not grant permission. Handover and receipt of judgment enforcement dossiers shall be made into records.
Within 05 working days from the date of receipt of all dossiers, Heads of civil judgment-enforcing agencies shall issue judgment enforcement decisions and organize enforcement of judgments in accordance with this Law.
Results of enforcement of judgments by civil judgment-enforcing offices according to the law must be recognized and used. Civil judgment-enforcing offices shall be responsible for the followed procedures.
7. Within 05 working days from the date of termination of service contracts according to clause 5 of this Article, civil judgment-enforcing offices shall notify competent People’s Procuracies and civil judgment-enforcing agencies in the same province/city.
8. The State Treasury, credit institutions, foreign bank branches, social security authorities, agencies registering assets and secured transactions, tax authorities, specialized agencies affiliated to People’s Committees, and relevant agencies, organizations, and individuals shall be responsible for executing decisions on enforcement of judgments, documents and proposals from civil judgment-enforcing offices and bailiffs when organizing enforcement of judgments.
9. The Government shall elaborate this Article.
PROCEDURES FOR, SECURITY MEASURES OR COERCIVE MEASURES FOR ENFORCING CIVIL JUDGMENTS
Section 1. CIVIL JUDGMENT ENFORCEMENT PROCEDURES
Article 32. Jurisdiction to enforce judgments
1. Provincial civil judgment-enforcing agencies have the jurisdiction to enforce the following judgments and decisions:
a) First-instance judgments and decisions of regional People’s Courts; first-instance, appeal, cassation and re-opening judgments and decisions of People’s Courts of provinces where civil judgment-enforcing agencies are headquartered;
b) Judgments and decisions issued by the Appellate Court of the Supreme People’s Court on first-instance judgments and decisions of People’s Courts of provinces where civil judgment-enforcing agencies are headquartered;
c) Cassation or re-opening decisions issued by the Supreme People’s Court on judgments and decisions of People’s Courts of provinces where civil judgment-enforcing agencies are headquartered;
d) Cassation or re-opening decisions issued by the Supreme People’s Court on judgments and decisions of the Appellate Court of the Supreme People’s Court of the place where provincial People’s Courts in charge of first-instance trials are headquartered;
dd) Decisions transferred by the Supreme People’s Court to provincial civil judgment-enforcing agencies;
e) Decisions on application of provisional urgent measures; Successful mediation recognition decisions issued by Courts of places where civil judgment-enforcing agencies are headquartered;
g) Civil judgments and decisions of foreign Courts, verdicts of foreign arbitrators recognized by Courts of places where civil judgment-enforcing agencies are headquartered for enforcement in Vietnam;
h) Verdicts of arbitrators and decisions on application of provisional urgent measures, issued by Arbitrator Councils of places where civil judgment-enforcing agencies are headquartered;
i) Decisions on settlement of competition cases issued by the President of National Competition Commission, the anti-competitive settlement council, decisions on handling of complaints against decisions on settlement of competition cases issued by the President of the National Competition Commission, the anti-competitive complaint handling council. Such decisions are enforced by civil judgment-enforcing agencies of places where such Commission and council are headquartered;
k) Judgments and decisions entrusted by civil judgment-enforcing agencies of other zones;
l) Decision to apply the diversion measure which is damage compensation issued by an investigating authority, a People’s Procuracy or a People’s Court of locality where the civil judgment-enforcing agency is headquartered;
m) Bankruptcy declaration decisions issued by People’s Courts of regions where civil judgment-enforcing agencies are headquartered;
n) Other judgments and decisions as per law.
2. Division of Professional Affairs and Organization of Civil Judgment Enforcement and regional civil judgment-enforcing divisions shall organize enforcement of judgments and decisions specified in clause 1 of this Article as assigned by Heads of provincial civil judgment-enforcing agencies.
3. Military zone-level civil judgment-enforcing agencies have the jurisdiction to enforce the following judgments and decisions:
a) Decisions on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of exhibits and assets, court fees and civil decisions mentioned in criminal judgments and decisions made by military zone-level military courts or equivalences, regional Military Courts within their zones;
b) Decisions on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of exhibits and assets, court fees and civil decisions mentioned in criminal judgments and decisions transferred by the central military courts to military zone-level judgment-enforcing agencies;
c) Civil decisions transferred by the Supreme People’s Court of Vietnam to military zone-level civil judgment-enforcing agencies;
d) Decision to apply the diversion measure which is damage compensation issued by an investigating authority affiliated to the People’s Army, a Military Procuracy or a Military Court of locality where the military zone-level civil judgment-enforcing agency is headquartered;
dd) Judgments and decisions entrusted by civil judgment-enforcing agencies of other zones;
e) Other judgments and decisions as per law.
Article 38. Transferring, sending judgments and decisions and proactively issuing judgment enforcement decisions
1. Judgments and decisions shall be transferred and sent to civil judgment-enforcing agencies in accordance with the procedural law. In case where no regulation has been issued, judgment/decision issuers shall transfer them to civil judgment-enforcing agencies within 15 days from the date such judgments/decisions, or relevant parts thereof come into force.
In case competent agencies have distained or temporarily held assets or seized exhibits or other documents related to enforcement of judgments, when transferring judgments or decisions to civil judgment-enforcing agencies, Courts shall attach copies of written records of distraint or temporary holding of assets or seizure of exhibits or other related documents to such judgments or decisions.
2. Heads of civil judgment-enforcing agencies shall proactively issue decisions to enforce the following contents of judgments and decisions:
a) Fines, retrospective collection of illicitly earned money and assets, court fees and charges;
b) Refund of money, assets, documents to litigants;
c) Confiscation into the state budget or destruction of exhibits and assets; other revenues transferred to state budget;
d) Compensation collected by civil judgment-enforcing agencies for the injured parties and indicated in judgments or decisions;
dd) Recovery of the rights to use land and other assets that must be confiscated by the State;
e) Decisions on application of provisional urgent measures;
g) Bankruptcy declaration decisions issued by Courts;
h) Other judgments and decisions as per law.
3. The deadline for proactive issuance of the judgment enforcement decision is prescribed as follows:
a) Within 05 working days from the date of receipt of the judgments and decisions specified at points a, b, c, d, dd and h of clause 2 of this Article and a copy of record of distraint, temporary holding of assets, seizure of exhibits or other relevant documents (if any);
b) After receipt of the decision specified in point e clause 2 of this Article;
c) Within 03 working days from the date of receipt of the decision specified in point g clause 2 of this Article.
Article 34. Requesting enforcement of judgments and issuing decisions to enforce judgments as requested
1. Litigants may request enforcement of judgments, except for the cases specified in clause 2 Article 33 of this Law. Vietnam Competition Commission may request enforcement of judgments in accordance with the Law on Competition.
The judgment enforcement request shall be sent electronically, submitted in person, delivered orally, or sent by post.
2. The prescriptive period is 05 years from the effective date of judgment/decision or from the deadline for fulfillment of the liability.
In case the judgment enforcement requester can prove that he/she is unable to request judgment enforcement within the prescribed period due to emergency, an objective obstacle or a force majeure circumstance, the period when such emergency, objective obstacle or force majeure circumstance exists will not be included into the prescriptive period for requesting the judgment enforcement.
The prescriptive period for requesting the judgment enforcement shall be excluded in case where the litigant requests resumption of the enforcement after the civil judgment-enforcing agency sends back the judgment enforcement request in accordance with clause 4, Article 38 of this Law.
3. Upon receiving the judgment enforcement request, the civil judgment-enforcing agency shall check the contents of the request and enclosed documents and notify to the requester.
The head of the civil judgment-enforcing agency shall issue a judgment enforcement decision within 05 working days from the date of receipt of the enforcement request and the judgment/decision, except for the case where the enforcement request is refused as prescribed in clause 4 of this Article. In case where conditions to be satisfied for enforcement of the judgment/decision are prescribed by law, the time limit for issuance of the judgment enforcement decision shall be 05 working days from the date of receipt of information on such conditions.
4. In the following cases, the civil judgment-enforcing agency may refuse a request for judgment enforcement and shall, within 5 working days after receiving the request, notify in writing to the requester:
a) The requester has no right to request the judgment enforcement or the contents of the request for enforcement of the judgment are irrelevant to the contents of the judgment or decision;
b) No rights or obligations of the litigant arise during enforcement of the judgment or decision in accordance with this Law;
c) The civil judgment-enforcing agency requested to enforce the judgment is incompetent to do so;
d) The prescriptive period for requesting the judgment enforcement is expired;
dd) The judgment content requested to be enforced has been decided for enforcement, unless otherwise provided by law
5. The Government shall elaborate this Article.
Article 35. Notifying enforcement of judgments and sending judgment enforcement decisions
1. Judgment enforcement decisions, notification, summons for enforcement of judgments related to rights and obligations of litigants and persons having related interests and obligations must be notified to them to exercise their rights and perform their obligations according to the contents of these documents.
The notification shall be given within 03 working days from the date of the issuance of any of the above documents, unless it is necessary to prevent litigants from dispersing or destroying assets or shirking the judgment enforcement or except for the case of execution of the decision on application of provisional urgent measures.
2. Judgment enforcement decisions shall, within 03 working days after being issued, be sent to competent People’s Procuracies, unless otherwise provided by this Law.
Decisions on application of security measures or coercive measures for enforcing judgments shall be sent to agencies, organizations and individuals related to such decisions for enforcement.
3. The notification shall be given in the following methods:
a) It is given electronically or through a civil judgment-enforcing office or postal enterprise or another agency/organization/individual or given directly to the notified person by a civil judgment-enforcing agency;
b) It is publicly posted;
c) It is given on mass media.
4. In case where the litigant or the person having related interests and obligations resides in a foreign country but their address or place of residence cannot be identified, the notification shall be given electronically.
In case where the litigant or the person having related interests and obligations does not reside in Vietnam and their address or place of residence in the foreign country can be identified, the notification shall be given by one of the following methods:
a) Giving notification electronically in accordance with the law;
b) Requesting mutual legal assistance to serve documents according to the Law on Civil Legal Assistance;
c) Sending notification by post to the overseas representative mission of the Socialist Republic of Vietnam that will give the notification to the notified person who is a Vietnamese citizen;
d) Sending notification by post to the address of the notified person residing in the foreign country if such method is accepted by the foreign country’s laws;
dd) Giving notification through the representative office, the branch, or the representative in Vietnam of the notified entity that is a foreign agency/organization/ individual.
Article 36. Voluntary execution of and execution of judgments as agreed
1. A judgment shall be voluntarily executed within 10 days from the date on which the judgment debtor is properly notified of a judgment enforcement decision, except for the case of execution of the decision on application of provisional urgent measures.
2. Litigants and persons having related interests and obligations are entitled to reach agreements on execution of judgments and must be responsible for such agreements. When reaching agreements on execution of judgments, litigants shall agree on judgment enforcement fees and other expenses arising (if any)
The agreement shall be made in writing, clearly indicate the time, location, components, content, the time limit for implementation of the agreement, legal consequences for failure to implement or properly implement the agreement; and must bear signatures or fingerprints of the parties.
The result of enforcement of the judgment in accordance with the agreement shall be recognized, except for cases where the agreement violates the law, is contrary to social ethics, affects the State’s interests or the legitimate rights and interests of the third party or aims to evade the obligation to pay judgment enforcement fees.
In case the litigant fails to adhere to the agreement, the other parties request fulfillment of the unfulfilled obligations under the court judgment or decision.
Article 37. Verification of capability of executing judgments
1. Within 09 days after the deadline for voluntary execution of a judgment, if a judgment debtor fails to voluntarily execute the judgment, an enforcer shall conduct the verification; in case of execution of a decision on application of provisional urgent measures, the verification shall be conducted immediately.
The judgment debtor shall truthfully make declaration and fully supply information on their assets, income and their capability of executing the judgment and assume their responsibility for their declaration. If any damage is caused, they must compensate for such damage in accordance with the law.
2. When verifying capability of executing a judgment, the enforcer shall verify assets, income and other capabilities of executing the judgment. Regarding assets that must be granted registration of ownership or right for use or registration of secured transactions, the verification shall be conducted at an agency having the jurisdiction to register such assets and transactions;
3. The capability of executing the judgment may be verified electronically, in person or in writing as per law.
In case the capability of executing the judgment is verified electronically, the enforcer is entitled to extract information from databases of assets, income and other capabilities of executing the judgment of the judgment debtor.
In case the capability of executing the judgment is verified in person, the enforcer shall make a written record clearly showing the verification result and certified by the agency/organization/individual that has conducted verification.
In case the capability of executing the judgment is verified in writing, a written request for supply of information shall clearly state information to be supplied and other necessary information.
4. When verifying capability of executing the judgment, on a case-by-case basis, the enforcer shall:
a) Request the litigant to provide information about assets, income, and other information regarding the capability of executing the judgment; request the judgment debtor to submit documents on the ownership of assets, land use rights, and other documents related to the capability of executing the judgment;
b) Request the agency/organization/individual managing, preserving, storing or holding information on assets, account, income and other information on the capability of executing the judgment of the judgment debtor to provide information, hand over, or supply documents on the ownership of assets, land use rights; and judgment enforcement documents managed and stored by the agency/organization/individual;
c) Verify the current state of assets, income and other capabilities of executing the judgment of the judgment debtor; On a case-by-case basis, the enforcer is entitled to:
Request a specialized agency or invite/hire a professional organization or individual to check the current state of assets, records of management of capital and assets of the judgment debtor, or to clarify contents to be verified.
Request a competent authority to determine the quantity of shares, capital contributions, digital assets, and other specific assets of the judgment debtor.
Request the professional organization/individual to determine the value of the assets of the judgment debtor.
Directly unlock or unpack or request the agency/organization/individual to unlock or unpack the objects; survey assets or take other necessary measures to conduct verification.
If necessary, the enforcer may request the specialized agency to conduct survey and determine boundaries and landmarks of assets being land use rights and assets on land.
In case where the litigant or other persons commit acts of obstructing or resisting the verification or inspection of the current state of assets, the enforcer shall propose the commune-level People’s Committee or the competent authority/organization to request such persons to cease their acts or to temporarily leave the place where the assets exist for the verification;
d) The civil judgment-enforcing agency may conduct verification outside the province or city where it is headquartered or authorize another civil judgment-enforcing agency of province/commune where the judgment debtor possesses assets, resides or works or is headquartered to verify their capability of executing the judgment.
5. The judgment creditor may directly verify or authorize another person to verify capability of executing the judgment; provide information on the judgment debtor’s assets, income and capability of executing the judgment to the civil judgment-enforcing agency.
In case the enforcer finds it necessary or the enforcer’s verification results are different from the judgment creditor’s ones or there is protest lodged by a People’s Procuracy, re-verification shall be conducted. Re-verification shall be conducted within 05 working days from the date of receipt of verification results provided by the litigant or receipt of the protest from the People’s Procuracy.
6. Agencies, organizations and individuals specified in clause 1 Article 14 of this Law and other agencies, organizations and individuals holding information or managing assets and accounts of judgment debtors shall:
a) Share data as requested by civil judgment-enforcing agencies or enforcers;
b) Fully, accurately and punctually provide information and documents as requested by enforcers or judgment creditors, in accordance with the law; sign verification records in case where enforcers conduct direct verification or provide written responses within 03 working days from the date of receipt of requests; regarding information on accounts or implementation of provisional urgent measures, such information and documents must be provided immediately.
c) Competent authorities managing and registering assets shall provide information on holders of the ownership or rights to use assets within 03 working days from the date of receipt of requests from civil judgment-enforcing agencies or enforcers.
Civil judgment-enforcing agencies or enforcers requesting provision of information as prescribed by law are not required to incur expenses.
7. If an agency, organization or individual fails to provide, delays providing, or provides false information on the capability of executing the judgment of the judgment debtor, the individual or the head of the agency or organization shall be held responsible, and if any damage is caused, they shall be responsible for compensation in accordance with the law.
8. Enforcers may use judgment execution capability verification results produced by civil judgment-enforcing officers or bailiffs to organize execution of judgments in accordance with the Law.
Article 38. Incapability of executing judgments
1. The head of civil judgment-enforcing agency shall issue a decision on incapability of executing a judgment within 05 working days from the date on which there is one of the following grounds:
a) The judgment debtor has no income or has low income which can only ensure his/her minimum living standards and persons whom he/she shall nurture, and has no assets for enforcement of the judgment or has assets the value of which is only sufficient to pay expenses for coercive judgment enforcement or has assets which are not allowed to be distrained and handled for enforcement of the judgment in accordance with the law;
b) The judgment or decision declares that the assets are handled, but at the time of the enforcement, the verification result show that such assets no longer exist, the location of the movable assets cannot be identified, or the asset ownership certificate or the land use right certificate has been revoked, except for the case where the judgment debtor has other income or assets for enforcement;
c) The address or place of residence of the person whose custody has been granted to another person or the person to whom custody is granted cannot be identified.
d) The judgment debtor is obliged to return specific objects, but these objects no longer exist or are irreparably damaged provided the litigant does not otherwise agree, or to return documents that are neither recoverable nor reissuable or are transferred to the document issuer as specified in clause 2 Article 59 of this Law.
dd) The obligation fulfillment is closely associated with the personal identity of the judgment debtor, or the obligations are non-transferable as prescribed by law, but he/she has lost his/her civil act capacity according to a Court decision;
e) The judgment debtor’s assets are pledged as collateral and the value of these assets is lower than the secured debt and expenses for the coercive judgment enforcement or are sold as specified in point d clause 3 Article 78 of this Law but after a price reduction, the asset value is equal to or lower than judgment enforcement expenses and the secured debt, except for the case where the judgment debtor has other income or assets for enforcement;
g) The assets are sold in accordance with clause 3, Article 83 of this Law and after a reduction, the asset value is equal to or lower than judgment enforcement expenses, and the judgment creditor does not agree to have it deducted from the judgment debt, except for the case where the judgment debtor has other income or assets for enforcement;
h) The judgment debtor’s assets are being seized or handled to secure the bad debt in accordance with the Law on Credit Institutions, and the judgment debtor has no other income or assets for enforcement of the judgment.
2. Information on name, address and judgment execution obligations of the judgment debtor that is not capable of executing the judgment shall be posted up on the web portal on enforcement of civil judgments and sent to the People’s Committee of commune where the capability of executing the judgment is verified for public notification.
Within 10 days from the date of receipt of a document or new information on the judgment debtor’s capability of executing the judgment from the litigant or another agency/organization/individual, the enforcer shall conduct verification. When the judgment debtor is capable of executing the judgment, the civil judgment-enforcing agency shall decide to continue to enforce the judgment, except for the case where the judgment enforcement request is re-submitted in accordance with clause 4 of this Article.
3. In case the judgment debtor is not capable of executing the judgment, the enforcer shall verify their capability of executing the judgment at least once every 6 months; in case the judgment debtor that is not capable of executing the judgment is serving imprisonment sentence with the remaining serving time of at least 2 years or the new address or place of residence cannot be identified, the verification shall be conducted at least once a year.
4. Upon expiration of the 2-year period from the date on which the decision on incapability of executing the judgment has been issued and the verification is conducted in accordance with clause 3 of this Article, if there is no new information on the capability of executing the judgment of the judgment debtor, the civil judgment-enforcing agency shall re-submit the judgment enforcement request. The litigant has the right to request the civil judgment-enforcing agency to resume the civil judgment enforcement as prescribed in Article 34 of this Law when the judgment debtor is capable of executing the judgment, or has the right to request the civil judgment-enforcing office to enforce the judgment as prescribed in Article 31 of this Law.
5. The Government shall elaborate this Article.
Article 39. Determination of assets and settlement of disputes over assets owned by judgment debtors
1. In case of failure to determine the part of asset or land (land use right) owned by or of the judgment debtor in the common asset shared with other persons, the enforcer shall:
a) Notify the judgment creditor, the judgment debtor and co-owners of the asset so that they reach an agreement on division of the common asset or request the Court to determine the part of asset or land (land use right) owned by or of the judgment debtor. The asset shall be handled as agreed by the litigants or as decided by the Court;
b) Upon expiration of the 30-day period from the date of notification, if the parties fail to reach an agreement or the agreement violates the law, is contrary to social ethics, affects the State’s interests or the legitimate rights and interests of the third party, or aims to evade the obligation to pay judgment enforcement fees, or if the Court is not required for settlement, the enforcer shall request the Court to determine the part of asset or land (land use right) owned by or of the judgment debtor in accordance with the Civil Procedure Code.
2. If the asset used for enforcement of the judgment is owned by multiple persons and the part of the asset separately owned by each owner can be determined:
a) Regarding the divisible common asset, the enforcer shall apply coercive measures to the part of asset corresponding to the asset or land (land use right) owned by or of the judgment debtor;
b) Regarding the indivisible common asset or in case the division considerably reduces the asset value, the enforcer may apply coercive measures to the entire asset and pay other co-owners the value of asset under their ownership or within their use right.
3. In case of assets used for enforcement of a judgment over which a dispute arises, the enforcer shall notify the litigant or the person involved in the dispute of their rights to file a lawsuit at Court or request a competent authority to settle the dispute, except for the case where a legally effective judgment or decision declares the distraint, handling or recognition of the ownership of or the right to use such assets. After the notification, the enforcer shall proceed as follows:
a) In case the litigant or the person involved in the dispute files a lawsuit at Court or requests the competent authority to settle the dispute over the ownership of assets or the land use right, regulations in point d clause 1 Article 46 of this Law shall apply. The assets shall be handled according to the decision issued by the Court or the competent authority;
b) Upon expiration of the 30-day period from the date of notification, if the parties fail to file the lawsuit at Court or request the competent authority to settle the dispute, or if the dispute accepted by the Court or the competent authority is unrelated to the ownership of assets or the land use right, the enforcer shall handle the assets in accordance with regulations of this Law.
4. If there is a ground to identify that a transaction related to assets used for enforcement of the judgment is conducted in order to evade the judgment execution obligation in accordance with the law:
a) The enforcer shall notify the judgment creditor to request the Court to declare such transaction invalid or the competent authority to annul documents related to such transaction;
b) Upon expiration of the 15-day period from the date of receipt of the notification, if the judgment creditor does not make any request, the enforcer shall request the Court to declare the transaction invalid or the competent authority to annul documents related to the transaction.
5. In case a transaction related to assets used for enforcement of the judgment is conducted but the ownership or the use right has not been completely transferred, and it is necessary to declare the transaction invalid or request the competent authority to annul documents related to such transaction, regulations of clause 4 of this Article shall apply.
6. The enforcer that requests the Court to settle the dispute in accordance with this Article is exempt from court fees and charges; if the enforcer is unable to collect documents and evidence as prescribed by the Civil Procedure Code, the enforcer has the right to request the Court to do so.
Article 40. Preservation and use of assets for enforcement of judgments
1. Assets used for enforcement of judgments shall be preserved in any of the following forms:
a) In case where the assets are currently managed, used, or preserved by judgment debtors or other persons, they are assigned to preserve these assets, unless otherwise provided for by law;
b) Assets that are gold, silver, antiques, precious metals, gemstones, cash, cash in foreign currency, or valuable papers shall be preserved at the State Treasury;
c) Assets shall be transferred to individuals and organization eligible for preservation;
d) Assets are preserved by civil judgment-enforcing agencies.
dd) In case where assets cannot be transferred and preserved as prescribed in points a, c, and d of this clause, People’s Committees of communes where the assets exist shall preserve them until the assets are handled.
2. Where the assets used for enforcement of judgments are rights to use land currently being exploited or used, persons assigned to preserve assets shall be permitted to continue using such assets.
3. In case where profits arise from the use of the assets, after deduction of related expenses, persons assigned to preserve assets shall transfer them to civil judgment-enforcing agencies for enforcement of judgments.
4. During the period of preservation and use of assets for enforcement of judgments, persons assigned to preserve assets must not transfer the ownership or land use rights, exchange, transfer, lease, sublease, gift, mortgage, contribute the assets as capital, or conduct other transactions related to the assets; damage, substitute, lose, destroy the assets, or change the structure, the current state of, or repurpose the assets.
In case persons assigned to preserve assets commit any violations against asset preservation regulations, they shall, depending on the nature and seriousness of their violations, be handled in accordance with the law. If they cause damage, they shall pay compensations as prescribed by law.
Article 41. Transfer of the right/obligation to execute a judgment
1. An organization’s right/obligation to execute a judgment shall be transferred as follows:
a) In case of consolidation, the new organization shall continue exercising the right or performing the obligation to execute the judgment, unless otherwise provided for by law;
b) In case of merger, the organization established after merger shall continue exercising the right or performing the obligation to execute the judgment, unless otherwise provided for by law;
c) In case of division or separation, an agency issuing a division and separation decision shall clearly identify an individual/organization that continues exercising the right or performing the obligation to execute the judgment under this decision, unless otherwise provided for by law.
If the division or separation decision does not contain regulations on the obligation of the new organization, the new organization shall, after the division or separation, take joint responsibility for performing the judgment execution obligation of the divided or separated organization;
d) In case of dissolution, an agency having the jurisdiction to issue a dissolution decision shall notify the civil judgment-enforcing agency before issuing the dissolution decision. In case the judgment execution right or obligation of a dissolved organization is transferred to another organization, the latter shall continue exercising the right or performing the obligation to execute the judgment.
In case an enterprise is dissolved due to the revocation of its business registration certificate as prescribed in the Law on Enterprises, the judgment execution obligation shall be transferred under the Law on Enterprises.
The civil judgment-enforcing agency, the judgment creditor, the person having related interests and obligations may request the competent authority to reconsider the dissolution decision in accordance with law.
In case assets used for enforcement of the judgment no longer exist due to illegal execution of the dissolution decision, the dissolution decision-issuing agency shall fulfill the obligation of the dissolved organization corresponding to these assets;
dd) In case of bankruptcy, the judgment execution right or obligation shall be exercised or performed under a bankruptcy decision;
e) In case an enterprise, which has not yet exercised its right or performed its obligation to execute the judgment, is converted, the new enterprise shall continue exercising the right or performing the obligation to execute the judgment.
g) In case of re-arrangement, the new organization, after re-arrangement shall continue exercising the right or performing the obligation to execute the judgment; in case where an organization receiving such right and obligation has not been identified, the competent authority shall identify such organization;
h) Other cases provided for in law.
2. In case the judgment creditor or the judgment debtor being an individual dies, his/her judgment execution right or obligation shall be transferred to another person under the law on inheritance and the Government’s guidelines.
If the judgment debtor dies while performing the obligation to return assets, the civil judgment-enforcing agency shall continue the enforcement in accordance with regulations of this Law.
If the judgment debtor dies before the debt is paid but his/her assets can be liquidated for enforcement of the judgment, the civil judgment-enforcing agency shall handle such assets for enforcement in accordance with regulations of this Law, except for the case where there is a court judgment or decision on the distribution of inheritance or heirs reach an agreement on the performance of the judgment debtor’s obligations.
3. In case the litigant agrees with the transfer of the judgment execution right or obligation to a third party:
a) The judgment creditor that transfers their right to execute the judgment is not required to obtain the consent of the judgment debtor, unless otherwise agreed or provided for by law;
b) The judgment debtor that transfers their obligation to execute the judgment must obtain the consent of the judgment creditor;
c) The transferor of the right and obligation to execute the judgment must notify the civil judgment-enforcing agency and other litigants in writing of the transfer of such right and obligation.
4. Within 10 days from the date of receipt of a document from the competent authority or identification of the transferee, the head of the civil judgment-enforcing agency shall issue a decision to transfer the right and obligation to execute the judgment. The transferee of the right and obligation to execute the judgment shall have the litigant’s rights and obligations corresponding to the transferred right and obligation. The enforcer shall, according to the judgment enforcement decision and the decision to transfer the right and obligation to execute the judgment, organize the enforcement in accordance with regulations of this Law.
Article 42. Conditions for reduction or cancellation of debts payable to state budget
1. A judgment debtor may be considered for cancellation of their debt payable to state budget if the following conditions are met:
a) He/she has no assets for enforcement of the judgment or has assets which are not allowed to be used for enforcement of the judgment as prescribed by law, or has no income or has low income which can only ensure the minimum living standards for him/her and persons whom he/she shall nurture;
b) Upon expiration of the 05-year period from the date of issuance of a judgment enforcement decision in case the remaining debt is valued at under 5.000.000 VND; or 10 years after the issuance of a judgment enforcement decision if the remaining debt is valued at between 5.000.000 VND and under 10.000.000 VND expires.
2. The judgment debtor specified at point a, clause 1 of this Article shall be considered for reduction of a part of their debt if one of the following conditions is met:
a) Upon expiration of the 5-year period from the date of issuance of a judgment enforcement decision in case the remaining debt is valued at between 5.000.000 VND and 100.000.000 VND expires, each reduction must not exceed a quarter of the remaining debt;
b) Upon expiration of the 10-year period from the date of issuance of a judgment enforcement decision in case the remaining debt is valued at over 100.000.000 VND expires, each reduction must not exceed one fifth of the remaining debt and 50.000.000 VND.
3. Judgment debtors that have proactively paid part of their debts, but suffer prolonged extremely difficult economic conditions due to natural disaster, fire, accident, or illness which render them unable to pay their remaining debts, or have accomplished feats, may be considered for cancellation of their remaining debts.
4. The debts reduced/cancelled in accordance with clauses 1 and 2 of this Article exclude late payment interests according to judgments/decisions; late payment interests on the amount reduced or exempted are automatically cancelled
Each judgment debtor specified at clauses 1 and 2 of this Article will be considered for reduction or cancellation of their debt for each judgment or decision only once a year.
5. The initial judgment enforcement decision serves as a ground for determination of the time limit for reduction or cancellation of the debt.
6. The Ministry of Justice of Vietnam shall take charge and cooperate with the Chief Justice of Supreme People’s Court of Vietnam and the Chief Prosecutor of Supreme People’s Procuracy of Vietnam in providing guidance on this Article.
Article 43. Applications for consideration of reduction or cancellation of debts payable to state budget
The civil judgment-enforcing agency shall make an application for consideration of reduction or cancellation of a debt and send it to the competent Court. The application shall include the following documents:
1. A written request for consideration of reduction or cancellation of the debt, made by the head of the civil judgment-enforcing agency;
2. Copy of a judgment or decision issued by the Court or a judgment enforcement decision issued by the civil judgment-enforcing agency;
3. Copy of a written record of verification of capability of executing the judgment of the judgment debtor, made within 03 months before applying for consideration of cancellation or reduction;
4. Another document proving the eligibility of the judgment debtor for consideration of reduction or cancellation of their debt, if any;
5. Written opinions of the Procuracy at the same level in case the civil judgment-enforcing agency applies for the consideration of reduction or cancellation of the debt.
Article 44. Jurisdiction and procedures for consideration of reduction or cancellation of debts payable to state budget
1. People’s Courts of regions and Military Courts of zones where civil judgment-enforcing agencies organizing the judgment enforcement are headquartered have the jurisdiction to consider reduction or cancellation of debts payable to state budget.
2. Within 02 working days from the date of receipt of applications for consideration of reduction or cancellation of the debts, Courts shall accept and process these applications.
Within 20 days from the date of acceptance of such applications, Judges assigned to settle cases shall hold hearings to consider reduction or cancellation of the debts.
3. A hearing for consideration of reduction or cancellation of the debt shall be chaired by a Judge and attended by representatives of the Procuracy at the same level and the civil judgment-enforcing agency that has applied for consideration of cancellation or reduction.
When considering reduction or cancellation of the debt, the representative of the civil judgment-enforcing agency shall briefly present the application for consideration of cancellation or reduction, while the representative of the procuracy shall give opinions on the application. After considering the application and the opinions of the representatives of the Procuracy and the civil judgment-enforcing agency, the Judge shall issue a decision on acceptance, partial acceptance or non-acceptance of the application.
4. Within 05 working days from the date of issuance of a decision on reduction or cancellation of the debt, the Court shall send it to the person eligible for consideration of reduction or cancellation of the debt, the procuracy at the same level, the superior procuracy, the civil judgment-enforcing agency that has applied for consideration of reduction or cancellation of the debt, the prison or detention camp where the person eligible for consideration of reduction or cancellation of the debt payable to state budget is serving their imprisonment sentence.
Article 45. Protests against Courts’ decisions on reduction or cancellation of debts payable to state budget
1. A Court decision on reduction or cancellation of a debt may be protested by a Procuracy according to appellate procedures. The time limit for a Procuracy at the same level or a superior procuracy to lodge a protest is 7 or 15 days, respectively, from the date of receipt of the decision.
Upon the expiration of the above time limit, if the procuracy does not lodge protest, the Court decision will take effect.
2. Within 07 days from the date of receipt of a Procuracy’s protest decision, the Court that has issued the decision on reduction or cancellation of the debt shall transfer a written protest and its dossier to its superior Court.
3. Within 15 days from the date of receipt of the protest dossier, the superior Court shall hold a hearing to consider the protest.
A hearing for consideration of a protest shall be chaired by a Judge and attended by a representative of the Procuracy at the same level. When necessary, the Court may request the representative of the civil judgment-enforcing agency that has made the application for consideration of cancellation or reduction to participate in the hearing. The Judge chairing the hearing shall issue a protest settlement decision.
Court decisions on settlement of protests against reduction or cancellation of debts shall be executed.
4. In case the Procuracy revokes its protest decision before or during the hearing for consideration of the protest, the Court shall issue a decision to terminate consideration of the protest. The protested decision on reduction or cancellation of the debt shall be executed.
5. After the decision on reduction or cancellation of the debt takes effect, if it is detected that the judgment debtor hides or disperses assets for application for reduction or cancellation of the debt or shirks the judgment enforcement, the civil judgment-enforcing agency and the procuracy that has applied for consideration of cancellation or reduction shall request a chief judge of court or chief procurator of procuracy chairman under the criminal procedure and civil procedure laws to consider lodging a protest against the decision on reduction or cancellation of the debt according to re-opening procedures.
Article 46. Judgment enforcement postponement
1. The head of civil judgment-enforcing agency shall issue a decision to partially or fully postpone the judgment enforcement within 05 working days from the date on which there is one of the following grounds:
a) The obligation is closely associated with the personal identity of the judgment debtor, or the obligation is non-transferable as prescribed by law and the judgment debtor is seriously ill as certified by at least a medical facility at the basic level or higher in accordance with the law;
b) The obligation is closely associated with the personal identity of the judgment debtor, or the obligation is non-transferable as prescribed by law and the judgment debtor’s address has not yet been identified;
c) The litigant agrees in writing to postpone the judgment enforcement or the judgment creditor submits a written request for the postponement of enforcement of the judgment, except for the case where such request affects the State interests or the legitimate rights and interests of the third party; during the postponement period, the judgment debtor shall not be liable for late payment interests, unless otherwise agreed by the litigant;
d) Receiving the Court’s notification of acceptance for response to the request for determination, division, or settlement of the dispute over the ownership of assets or land use rights, except for the case where a legally effective judgment or decision declares that such assets are distrained, handled, or the ownership of assets or the land use rights are recognized, or where the judgment debtor has other assets or income for enforcement of the judgment;
dd) Receiving the Court’s notification of acceptance for response to the request for the cancellation of auction result, the request for cancellation of contract for purchase and sale of assets auctioned, or the settlement of dispute over such contract;
e) Receiving the decision to apply provisional urgent measures, preventive measures or coercive measures against the assets used for enforcement of the judgment from by a presiding authority to serve investigation, prosecution, or adjudication, unless otherwise provided by law;
g) The judgment is enforced during the period in which the competent authority amends or explains the judgment/decision or the judicial assistance in civil matters is provided in accordance with the law;
h) The judgment is enforced during the period in which the competent authority responds to a recommendation from the civil judgment-enforcing agency to review the judgment/decision according to cassation or reopening procedures;
i) The asset recipient or the person to whom custody is granted has been properly informed twice of the receipt of assets and the to-be-nurtured person but fails to receive such assets and person;
k) The transfer of rights and obligations to enforcement of the judgment according to the law has not been made due to emergency situation, force majeure circumstances or objective obstacles;
l) Receiving notification of acceptance from a Court or a competent authority for response to a request for review of a decision to recognize successful mediation, or annul a verdict or decision as prescribed in clause 2, 3, 4, or 5, Article 2 of this Law.
2. The head of civil judgment-enforcing agency shall immediately issue a judgment enforcement postponement decision upon receiving a request from a person having the jurisdiction to lodge protest at least 24 hours before the time of coercive judgment enforcement indicated in a coercion decision.
In case the judgment-enforcing agency receives such request less than 24 hours before the time of coercive enforcement indicated in the decision on coercive judgment enforcement, the head of civil judgment-enforcing agency is entitled to decide the judgment enforcement postponement if necessary.
Regarding a judgment which has been partially or completely enforced, the civil judgment-enforcing agency must not issue a decision to postpone the enforcement of the completed part or the entire judgment and shall promptly notify in writing the applicant for postponement of enforcement of the judgment.
The person having the jurisdiction to lodge protest against the court judgment or decision according to cassation or reopening procedures may only request enforcement postponement once for consideration of their protest in order to avoid irremediable consequences.
The maximum duration of judgment enforcement postponement at the request of the person having the jurisdiction to lodge protest against the judgment or decision is 3 months from the date of making written request for judgment enforcement postponement. During this duration, the judgment debtor is not required to bear late payment interest arising from the postponed enforcement of the judgment.
3. Within 05 working days after the ground for postponement of enforcement of the judgment specified in clause 1 of this Article no longer exists or the expiration of the duration for judgment enforcement postponement at the request of the competent person defined in clause 2 of this Article or the receipt of written response from the person having the jurisdiction to lodge protest to non-existence of grounds for protest, the head of civil judgment-enforcing agency shall issue a decision to continue enforcing the judgment.
Article 47. Judgment enforcement suspension
1. The head of civil judgment-enforcing agency shall issue a decision to suspend enforcement of a judgment within 05 working days from the date on which there is one of the following grounds:
a) Fulfillment of the obligation to assets, upon receipt of a court’s notification of acceptance of a written request for application of resumption procedures or bankruptcy procedures to the judgment debtor, except for the case where according to a judgment or decision, the enterprise or cooperative is compelled to pay compensation for loss of life, health, or honor, give severance pays, or pay salaries to its employees; decision to distrain assets owned by the enterprise or cooperative for transfer to the state fund; case where according to a judgment or decision, the enterprise or cooperative is compelled to perform its obligations secured by assets owned by the third party, or other cases as prescribed by law
b) Receipt of a court’s request for suspension of the enforcement of the decision to recognize and give permission for enforcement of a foreign arbitrator’s verdict in accordance with the Civil Procedure Code. Regarding a judgment which has been completely enforced, the head of civil judgment-enforcing agency must not issue a decision to suspend the enforcement of the judgment and shall notify in writing the court.
2. The civil judgment-enforcing agency shall notify the litigant and the person having related interests and obligations of the suspension of enforcement of the judgment within 05 working days from the date of receipt of the decision to suspend the enforcement from the person having the jurisdiction to protest against the judgment/decision according to cassation or reopening procedures, or the decision to suspend the enforcement of the decision on settlement of competition case issued by the President of National Competition Commission.
Regarding a judgment/decision which has been partially or completely enforced, the head of the civil judgment-enforcing agency shall promptly notify in writing the protester or the President of National Competition Commission. During the duration of judgment enforcement suspension, the judgment debtor is not required to bear late payment interest arising from the suspended enforcement of the judgment.
3. The head of civil judgment-enforcing agency shall issue a decision to continue enforcing the judgment within 05 working days after the receipt of any of the following documents:
a) Decision to withdraw the protest issued by the person having the jurisdiction to lodge protest;
b) Court’s cassation or re-opening decision to affirm or partially or wholly amend the protested judgment or decision;
c) Court’s notification of suspension of procedures for bankruptcy or resumption of business operations conducted by the enterprise or cooperative going into bankruptcy in case the debt related to the suspended judgment is not settled
dd) Court’s decision on refusal to open bankruptcy procedures.
Article 48. Judgment enforcement termination
The head of civil judgment-enforcing agency shall issue a decision to partially or fully terminate the judgment enforcement within 05 working days from the date on which there is one of the following grounds:
1. The judgment creditor that is an individual dies but his/her rights and interests under the judgment or decision must not be transferred to his/her heirs as prescribed by law or he/she dies without any heir; the judgment creditor that an organization has been dissolved or has ceased its operations, and its rights and interests are not transferable to any other organization or individual as prescribed by law;
2. The judgment debtor that is an individual dies without any asset, or as prescribed by law, his/her obligations under the judgment or decision are not transferable to his/her heirs; the judgment debtor that is an organization has been dissolved or has ceased operations without any asset, and as prescribed by law, its obligations are not transferable to any other organization or individual;
3. The person to whom custody is granted under the judgment or decision dies or has come of age or the authorized guardian is changed according to a court judgment or decision;
4. The litigant reaches an agreement or the judgment creditor makes a request to partially or wholly terminate the judgment enforcement decision, unless the judgment enforcement termination affects the State interests, legitimate rights and interests of the third party or aims to evade paying judgment enforcement fees.
After the judgment enforcement termination decision is issued, the litigant is not entitled to make the request for resumption of enforcement of the terminated part of the judgment;
5. There is a decision on reduction/cancellation of their debt;
6. Receiving a judgment or decision to annuls part or whole of the judgment or decision that is being enforced; in case of handover of assets as prescribed in clause 4, Article 86 of this Law, the judgment enforcement shall be terminated after the handover of assets to the purchaser of assets auctioned;
7. Receiving Court’s notification of termination of procedures for resumption of business operations conducted by the judgment debtor in accordance with regulations of the Law on Resumption and Bankruptcy in case the debt related to the suspended judgment is settled;
8. Receiving the court decision to open bankruptcy procedures for the judgment debtor.
Article 49. Judgment enforcement entrustment
1. The civil judgment-enforcing agency shall entrust the judgment enforcement in the following cases:
a) Entrusting the judgment enforcement to a civil judgment-enforcing agency in a province/commune where the judgment debtor has their assets, works, resides or is headquartered after completion of the handling of assets temporarily held, seized or distrained in such province/commune related to entrusted amounts, except for the case in point b of this clause, case where assets are money, digital assets or other assets in accounts, or other cases as prescribed by the Government.
In case of fulfillment of asset-related obligations, entrusting the fulfillment of such obligations to the civil judgment-enforcing agency in the province/commune where the judgment debtor has their assets; if the province/commune where assets exist cannot be identified, the obligation fulfillment shall be entrusted to the civil judgment-enforcing agency in the province/commune where the judgment debtor works, resides or is headquartered.
In case of fulfillment of a joint obligation, if the judgment debtor has assets, works, lives or is headquartered in different provinces /communes, entrusting the whole judgment enforcement obligation to the civil judgment-enforcing agency in one of the provinces/communes where the judgment debtor has sufficient capability of executing the judgment, except for the case specified in clause 1 Article 50 of this Law;
b) Entrusting the judgment enforcement in relation to collateral on the basis of the judgment or decision to the civil judgment-enforcing agency in the province/commune where the asset exits.
Entrusting the judgment enforcement to the civil judgment-enforcing agency in the province/commune where the exhibits and assets which are declared under a judgment or decision to be confiscated by the State or destroyed exist.
2. Within 05 working days from the date of identification of grounds for entrustment, the head of civil judgment-enforcing agency shall issue a judgment enforcement entrustment decision. In case of execution of a decision on application of provisional urgent measures, the entrustment decision shall be issued within 24 hours since there are grounds for entrustment. In case the entrustment is deemed necessary after the entrustment decision is issued, a revocation decision shall be issued to revoke a part or the whole of the execution decision.
Within 05 working days from the date of receipt of the entrustment decision and enclosed documents, the entrusted civil judgment-enforcing agency shall issue an enforcement decision. In case of enforcement of the decision on application of provisional emergency measures, the enforcement decision shall be issued immediately.
Decision on application of security measures, exit suspension decision and other judgment enforcement decisions related to the entrusted amounts from the entrusting agency shall remain in effect until they are replaced by decisions issued by the entrusted civil judgment-enforcing agency.
3. In case where the judgment debtor has assets in multiple places, the judgment enforcement entrustment shall comply with the Government’s regulations.
Article 50. Asset handling entrustment
1. The civil judgment-enforcing agency may handle assets within its province/city where it is headquartered and also entrust the handling of assets to the civil judgment-enforcing agency in another province/city where the assets that are distrained or frozen under a Court’s judgment or decision exist or handle assets which exist in different provinces/cities/communes for enforcement of a judgment.
2. In case of fulfillment of a joint obligation, the civil judgment-enforcing agency may entrust the handling of assets to the civil judgment-enforcing agency in another province/city where the assets exist when there is one of the following grounds:
a) The assets existing in the province/city where the civil judgment-enforcing agency is headquartered are insufficient for enforcement of the judgment;
b) The assets existing in the province/city where the civil judgment-enforcing agency is headquartered have been accepted to be handled by the Court or a competent authority for response to the request for determination, division, or settlement of the dispute over the asset ownership or land use rights, except for the case where such assets have been declared to be those distrained or handled, or the asset ownership or land use rights are recognized under a legally effective judgment or decision, and the judgment debtor has no other assets existing in the province/city for enforcement of the judgment.
3. The head of the civil judgment-enforcing agency shall issue a decision to entrust the handling of assets when there are grounds as prescribed in clauses 1 and 2 of this Article. Within 05 working days from the date of receipt of the entrustment decision, the head of the entrusted civil judgment-enforcing agency shall issue a decision to handle the assets as entrusted. On the basis of the judgment enforcement decision, judgment enforcement organization results provided by the entrusting civil judgment-enforcing agency and the decision to handle the entrusted assets, the enforcer shall continue to follow procedures for handling the assets in accordance with this Law.
4. The Government shall elaborate this Article.
Article 51. Securing funding from state budget for execution of judgments
In case an agency and organization that is granted funding by the state budget for their operations and obliged to execute a judgment has implemented all necessary financial measures but remains unable to execute the judgment, the debt will be covered by state budget. The material liability of the damage-causing parties shall be taken on in accordance with the law.
The Government shall elaborate jurisdiction, conditions, entities and procedures for securing funding for execution of judgments.
Article 52. Revocation, amendments and annulment of decisions to enforce judgments
1. A person having the jurisdiction to issue a judgment enforcement decision shall revoke the judgment enforcement decision in the following cases:
a) The judgment enforcement decision has been issued ultra vires;
b) The judgment enforcement decision contains errors which may change the contents of the case;
c) The ground for issuance of the judgment enforcement decision no longer exists;
d) The judgment enforcement is entrusted in accordance with this Law;
dd) Other cases as prescribed by law.
2. Persons having the jurisdiction to issue judgment enforcement decisions and persons having the jurisdiction to resolve complaints may issue decisions on amendments to or request amendments to judgment enforcement decisions in case such judgment enforcement decisions contain errors that do not change the contents of judgment enforcement cases.
3. Written explanation of or amendments to the judgment or decision issued by the judgment/decision issuer shall serve as the basis for the civil judgment-enforcing agency to issue an enforcement decision, or to revoke or amend the previously issued enforcement decision, or to continue the judgment enforcement.
4. Persons having the jurisdiction to issue judgment enforcement decisions and persons having the jurisdiction to resolve complaints may issue decisions on annulment or request annulment of judgment enforcement decisions issued by heads of inferior civil judgment-enforcing agencies or enforcers under their direct management in the following cases:
a) They detect that the cases specified in clauses 1 and 2 of this Article are not remedied by heads of inferior civil judgment-enforcing agencies or enforcers under their direct management after they receive requests;
b) Judgment enforcement decisions are unlawful as concluded by competent agencies.
5. Decisions on revocation, amendment or annulment of judgment enforcement decisions shall clearly state grounds for and contents and legal consequences of such revocation, amendment or annulment.
Article 53. Judgment enforcement fees and expenses
1. The litigant that requests enforcement of a judgment must pay judgment enforcement fees according to the law.
Judgment enforcement fees shall not be charged on the amounts and assets that were used for enforcement of the judgment before the judgment enforcement decision is issued or during the voluntary execution period specified in clause 1 Article 36 of this Law.
If the civil judgment-enforcing agency has issued the judgment enforcement decision at the request of the judgment debtor before July 01, 2026, the judgment debtor shall not be liable for judgment enforcement fees for the amounts payable for enforcement of the judgment as prescribed by this Law.
2. Judgment enforcement expenses are those incurred during the judgment enforcement organization, including expenses for coercive judgment enforcement and other expenses. Judgment enforcement expenses shall be borne by the judgment debtor, except for cases where such expenses shall be covered by state budget or borne by the judgment creditor, or other agencies, organizations, or individuals as prescribed by law.
3. The judgment debtor shall bear expenses for coercive judgment enforcement as follows:
a) Expenses for notification of coercive judgment enforcement;
b) Expenses for purchasing materials and fuel; hiring vehicles, protective equipment, medical equipment, fire prevention equipment, and other necessary equipment to serve coercive judgment enforcement;
c) Expenses for valuation of assets, determination of prices, assessment, and sale of assets; expenses for re-valuation of assets and re-determination of prices, except for the cases prescribed in point a, clause 4 and point a, clause 5 of this Article;
d) Expenses for leasing, safekeeping and preserving assets; expenses for loading, unloading and transporting assets; expenses for employment of workers and expenses for construction of partitions or demolition; expenses for conducting verification, hiring measurement services, and placing landmarks for coercive judgment enforcement;
dd) Expenses for temporary seizure of assets and documents;
e) Allowance for persons directly participating in and protecting coercive judgment enforcement;
g) Other expenses according to the Government’s regulations.
4. The judgment creditor shall bear expenses for coercive judgment enforcement as follows:
a) Expenses for revaluation of assets and re-determination of prices of assets at the request of the judgment creditor or in case of judgment enforcement postponement as prescribed in point c, clause 1, Article 46 of this Law which results in the expiration of the valuation certificate;
b) Part or the whole of expense for construction of partitions or demolition in case the judgment creditor shall bear this expense according to the judgment or decision;
c) Other expenses according to the Government’s regulations.
5. The state budget shall cover judgment enforcement expense in the following cases:
a) Revaluation of assets and re-determination of prices of assets in accordance with points a and b clause 2 Article 82 of this Law;
b) Verification of capability of executing the judgment before the coercive judgment enforcement decision is issued;
d) The litigant is eligible for exemption from, or reduction of expense for coercive judgment enforcement as per law;
d) Other cases in accordance with the Government’s regulations.
6. Expenses for coercive judgment enforcement shall be paid according to actually and reasonably paid amounts which are approved by the head of civil judgment-enforcing agency as proposed by the enforcer.
Heads of civil judgment-enforcing agencies organizing enforcement of judgments shall consider exemption from or reduction of expenses for coercive judgment enforcement.
7. Expenses for coercive judgment enforcement shall be paid by the litigants or deducted from collected debts or proceeds from the sale of assets. After handling assets or collecting money, enforcers shall follow procedures for promptly refunding advances paid.
8. The state budget shall grant funding for the advance payment of expenses for coercive judgment enforcement.
9. The Government shall elaborate clauses 2, 3, 4, 5, 6, 7 and 8 of this Article.
Article 54. Judgment debt payment
1. After deduction of judgment enforcement expenses, amounts retained as prescribed in clause 2, Article 89 of this Law, and registration fees and charges, personal income tax, and corporate income tax directly related to transfer of the assets, judgment debts shall be paid for enforcement obligations in the following order:
a) Alimony; salary, wage, severance pays, redundancy pays, compensation for loss of capacity for work; compensation for loss of lives, damage to health or mental harm;
b) Court fees and charges;
c) Fines; other arrears payable to state budget
d) Social insurance, unemployment insurance, health insurance;
dd) Other judgment debts according to the judgment/decision.
2. In case there are multiple judgment creditors under a judgment, judgment debts shall be paid as follows:
a) The payment shall be made in the order specified in clause 1 of this Article. In case there are multiple judgment creditors at the same priority level, the payment shall be made in proportion to sums of debts receivable by these creditors;
b) Judgment debts collected under a coercive judgment enforcement decision shall be paid to judgment creditors according to one or multiple judgments or decisions for which requests have been made by the litigants and which are being enforced by the civil judgment-enforcing agency up to the time of the issuance of the coercive judgment enforcement decision.
The remaining debts shall be paid to judgment creditors according to other judgment enforcement decisions by the time of payment;
c) After payment under points a and b of this clause, the remaining debts shall be returned to the judgment debtor.
3. In case the asset being pledged as collateral is realized and a pledgee/mortgagee is a judgment creditor, or in case the asset sold is distrained under a judgment or decision for the fulfillment of a specific obligation indicated in the judgment/decision, the amount collected from the handling of the asset shall be paid first of all to the pledgee, the mortgagee or the obligor after deduction of judgment enforcement expenses, amounts retained as prescribed in clause 2, Article 89 of this Law, and registration fees and charges, personal income tax, and corporate income tax directly related to transfer of the asset and court fees.
In case the asset being pledged as collateral is realized and a pledgee/mortgagee is not a judgment creditor, such pledge/mortgagee shall be paid before other debts specified in this Article are paid.
4. The order of payment in case of the handling of collateral for bad debts shall comply with regulations of the Law on Credit Institutions after deduction of the retained amounts prescribed in clause 2, Article 89 of this Law.
5. The order of payment of bankruptcy judgment debts shall comply with the Law on Resumption and Bankruptcy.
6. Within 10 days from the date of collection of the judgment debt or asset or after the asset is transferred to the purchaser or the recipient for deduction from the judgment debt, the enforcer shall pay such judgment debt according to regulations in this Article, except for the case where the payment deadline is required to be extended as prescribed by the Government.
The payment shall be made via bank transfer; in case where a bank transfer is not permitted, the payment shall be made in person or through other forms as prescribed by the Government. In case the litigant fails to receive their debt, such debt shall be settled according to Article 59 of this Law.
7. The Government shall elaborate clauses 2 and 3 of this Article.
Article 55. Judgment enforcement conclusion
The judgment enforcement automatically concludes in the following cases:
1. The litigant has completely exercised their rights and fulfilled their obligations;
2. There is a judgment enforcement termination decision;
3. Other cases in accordance with the Government’s regulations.
Section 2. JUDGMENT ENFORCEMENT PROCEDURES IN SOME SPECIFIC CASES
Article 56. Preservation, receipt and dispatch of exhibits and assets temporarily seized
1. Exhibits and assets that are temporarily seized under a criminal judgment or decision shall be preserved according to regulations of the Criminal Procedure Code.
2. The Government shall prescribe procedures, tasks and powers of agencies responsible for preservation of exhibits and assets, civil judgment-enforcing agencies, financial agencies, commune-level People’s Committees, and other agencies related to the receipt and dispatch of temporarily seized exhibits and assets to be confiscated by the State, destroyed, returned to the litigants or handled for enforcement of judgments.
Article 57. Settlement of expenses for handling exhibits and assets confiscated by the State
1. Regarding temporarily seized exhibits and assets which are declared under a judgment or decision to be confiscated by the State, the civil judgment-enforcing agency shall, within 10 days from the date of issuance of the judgment enforcement decision, notify in writing and transfer these exhibits and assets to a financial agency of province or the People’s Committee of commune where these exhibits and assets exist in accordance with the law.
Expenses for preserving and handling temporarily seized exhibits and assets declared to be confiscated by the State shall be paid by the agency handling these exhibits and assets in accordance with law.
2. In case the decision on confiscation of temporarily seized exhibits and assets has been enforced but it is detected that the decision contains erroneous contents and it is annulled under a decision issued by a competent agency, the civil judgment-enforcing agency shall cooperate with the financial agency specified in clause 1 of this Article in following procedures for refunding the amounts already transferred to the state budget in accordance with the law.
3. The handover and receipt of temporarily seized exhibits and assets between the civil judgment-enforcing agency and the financial agency or the commune-level People’s Committee shall comply with regulations of clause 2, Article 56 of this Law.
4. Regarding amounts temporarily collected before a court judgment or decision is issued, if such judgment or decision is not received within 05 years from the date of collection, the civil judgment-enforcing agency shall follow procedures for expropriation. After expropriation, if the court judgment or decision is received, such amounts shall be reversed by the civil judgment-enforcing agency in accordance with the law to enforce the judgment/decision.
Regarding amounts temporarily collected, if the civil judgment-enforcing agency has still not received the judgment or decision by July 1, 2026, such amounts shall be settled according to this clause.
Article 58. Destruction of exhibits and assets
1. The civil judgment-enforcing agency shall destroy exhibits and assets in one of the following cases:
a) The judgment/decision declares that these exhibits and assets are destroyed;
b) Asset destruction cases as prescribed by this Law.
2. Within 01 month from the date of issuance of the judgment enforcement decision in the case specified in point a clause 1 of this Article or from the date of issuance of the destruction decision in the case specified in point b clause 1 of this Article, the head of civil judgment-enforcing agency shall issue a decision to establish a council for destruction of exhibits and assets, unless immediate destruction is required by law.
The Council for destruction of exhibits and assets, established by the provincial civil judgment-enforcing agency, shall consist of an enforcer who acts as the President, a representative of the commune-level People’s Committee in charge of the destruction, who acts as a member, and representatives of specialized agencies participating in the Council when necessary. The commune-level People’s Committee and specialized agencies shall be responsible for appointing representatives to participate in the Council.
The Council for destruction of exhibits and assets, established by the military zone-level civil judgment-enforcing agency, shall consist of an enforcer who acts as the President, a representative of the financial agency of the same level, who acts as a member, and representatives of specialized agencies participating in the Council when necessary.
The Council shall decide the methods of destroying exhibits and assets in accordance with relevant laws.
3. The competent People’s Procuracy shall supervise compliance with the law on destruction of exhibits and assets.
4. The Government shall elaborate this Article.
Article 59. Return of amounts and assets to litigants
1. Within 03 working days from the date of issuance of a decision to enforce the judgment/decision which declares return of amounts and assets to the litigant or from the date on which there is any ground for return of amounts and assets, the civil judgment-enforcing agency shall notify the litigant of receipt of amounts and assets, except for the case specified in clause 5 of this Article.
Upon expiration of the 15 day-period from the date of notification, if the litigant does not receive the amounts or provide their account, the enforcer shall transfer these amounts to the State Treasury or deposit these amounts in the form of demand deposits and notify the litigant thereof.
Upon expiration of the 30 day-period from the date of notification, if the litigant does not receive the assets, the enforcer shall follow procedures for valuation of assets, determination of prices, and sale of assets as prescribed in Article 82 and Article 83 of this Law; in case where the assets are perishable goods or items and the litigant fails to receive the assets, upon expiration of the 05 working day-period from the date of notification, the enforcer shall sell the assets in accordance with point b clause 2 Article 83 of this Law, and at the same time notify the litigant. The amounts collected, after deduction of expenses for preservation and handling of the assets (if any), shall be transferred to the State Treasury or deposited in the form of demand deposits at a bank and the litigant shall be notified.
In case the beneficiary receives the amounts/assets, or provides their account, the civil judgment-enforcing agency shall return the amounts/assets to the beneficiary after deduction of expenses for preservation and handling of the assets (if any). Any deposit interest shall be aggregated with the deposit and paid to the beneficiary.
Upon expiration of the 5 year-period from the effective date of the judgment/decision or upon expiration of the 1 year-period from the date of notification, in case the amounts are collected and the beneficiary fails to receive the amounts/assets, the head of civil judgment-enforcing agency shall issue a decision on confiscation to the State and transfer the amounts to state budget.
2. In case the assets as specified in clause 1 of this Article are unsellable or damaged irreparably, and the litigant fails to receive the assets, the head of the civil judgment-enforcing agency shall issue a destruction decision and organize the destruction in accordance with Article 58 of this Law.
Regarding documents related to assets or the personal identity of the litigant, upon expiration of the 3 month-period from date of notification, if the litigant fails to receive these documents, the enforcer shall follow procedures for transferring these documents to their issuer according to regulations of the law.
3. If the returned assets are Vietnamese or foreign banknotes that have been damaged to the extent that they are no longer usable due to faults of presiding authorities during preservation and the litigant refuses to receive them, the civil judgment-enforcing agency shall request the State Bank of Vietnam to replace them before returning them to the litigant.
If the assets are Vietnamese or foreign banknotes that have been damaged to the extent that they are no longer usable but the damage is not attributable to presiding authorities and the litigant refuses to receive them, the civil judgment-enforcing agency shall request the State Bank of Vietnam to handle them according to regulations of law.
4. The return of advanced court fees under a judgment or decision and the return of amounts/assets to the agency/organization/individual during the enforcement of the civil judgment shall comply with regulations in this Article.
5. In case a party has their amounts and assets returned and is concurrently obliged to pay their debt but fails to execute the judgment, the enforcer shall handle these amounts and assets for enforcement of the judgment.
6. The Government shall elaborate this Article.
Article 60. Handling assets declared under judgments or decisions to be distrained to secure enforcement of judgments
1. Regarding assets declared under a judgment or decision to be distrained to secure enforcement of a judgment, the enforcer shall follow procedures for valuation, determination of prices and sale of assets in accordance with Articles 82 and 83 of this Law.
2. In case where the current state of the assets differs from that indicated in the distraint record, distraint order, distraint decision, or certificate of registration of the ownership of assets or land use right certificate, the civil judgment-enforcing agency shall request the asset-distraining agency to provide an explanation before applying regulations in clause 1 of this Article. On the basis of the explanation result, the civil judgment-enforcing agency shall handle the assets as follows:
a) In case where the state of assets distrained does not match the actual state of the assets, the civil judgment-enforcing agency shall request the court to provide an explanation or the competent person to lodge a protest according to cassation or re-opening procedures. The Court’s written response serves as the basis for the civil judgment-enforcing agency to handle the assets;
b) In case where there are grounds to confirm that the assets have changed after the time of distraint, or if no written response is received as specified in point a of this clause by the prescribed deadline, the civil judgment-enforcing agency shall handle the assets based on their actual state in accordance with this Law and relevant laws.
Article 61. Judgment enforcement against persons serving imprisonment sentences
1. Prisons and detention camps where judgment debtors or judgment creditors are serving imprisonment sentences shall cooperate in notifying enforcement of judgments, providing information, transferring documents, amounts or assets, and collecting or returning amounts or assets related to inmates who are judgment debtors or judgment creditors.
2. The Government shall elaborate this Article.
Article 62. Execution of decisions on application of provisional urgent measures
1. Within 24 hours from the time of receipt of a judgment enforcement decision as assigned, the enforcer shall notify the decision to the litigant, the agency/organization/individual related to execution of a decision on application of provisional urgent measures.
2. The enforcer shall immediately issue a coercive execution decision and promptly organize the execution in one of the following cases:
a) Applying coercive measures specified in clause 6 Article 71 of this Law to execute the decision to ban the litigant from performing or force the litigant to perform certain acts; handing over a minor, a person who is legally incapacitated, or a person with limited cognition and behavior control to an authorized guardian or caretaker; requesting preservation, storage or sale of assets owned by a disputing party or multiple disputing parties; giving permission to harvest or sell crops or other products and goods;
b) Applying coercive measures specified in clauses 1, 2 and 4, Article 71 of this Law to execute the decision to compel advance payment of partial child support; compel advance payment of partial compensation for loss of life or damage to health; or compel an employer to pay wages, health insurance/social insurance/ unemployment insurance premiums, treatment costs for occupational accidents or occupational diseases or compensations, allowances for occupational accidents or occupational diseases to their employees in advance; making a temporary request for payment by the parties;
c) Applying coercive measures specified in clause 4 Article 71 of this Law to execute the decision on distraint of assets in dispute;
d) Executing the decision to arrest aircraft and seagoing ships according to the law on arrest of aircraft and seagoing ships;
dd) Other cases as prescribed by law.
3. In case the judgment debtor resides or has assets in another area, the head of civil judgment-enforcing agency shall, depending on a case-by-case basis, issue a decision to entrust a civil judgment-enforcing agency in the area where the judgment debtor resides or his/her assets exist to organize the execution of decision on application of provisional urgent measures.
4. The civil judgment-enforcing agency shall send a judgment enforcement document or decision to the agency has issued the decision on application of provisional urgent measures (the decision issuer), in case where the enforcement is not possible, the reasons therefor must be clearly stated.
5. When receiving a decision on change of or additional execution of the decision on application of provisional urgent measures, the head of civil judgment-enforcing agency shall promptly issue a judgment enforcement decision, and at the same time revoke the decision to execute the changed decision on application of provisional urgent measures.
In case the changed decision on application of provisional urgent measures has been partially or completely executed, the head of civil judgment-enforcing agency shall notify the decision issuer and explain the right to request the decision issuer to settle the matter to the litigant.
6. In case the decision issuer annuls the decision on application of provisional urgent measures, upon receiving the decision, the head of civil judgment-enforcing agency shall issue a decision on termination of enforcement of the judgment.
Article 63. Execution of cassation or re-opening decisions
1. In case of a cassation or re-opening decision to affirm a legally effective judgment or decision which is being enforced, the head of civil judgment-enforcing agency shall issue a decision to continue enforcement of the judgment.
2. In case of a cassation or re-opening decision to annul the whole of judgment or decision which has not yet been enforced, the head of civil judgment-enforcing agency shall issue a decision to terminate enforcement of the judgment.
In case of a cassation or re-opening decision to annul the whole of judgment or decision which has been partially enforced, the head of civil judgment-enforcing agency shall issue a decision to terminate enforcement of the unenforced part of judgment.
In case of a cassation or re-opening decision to annul part of the judgment or decision, the head of civil judgment-enforcing agency shall issue a decision to terminate enforcement of the annulled and unenforced part of the judgment and issue a decision to continue to enforce part of the judgment that is not annulled.
3. In case of a cassation or re-opening decision to amend part or the whole of the judgment or decision, the judgment enforcement shall comply with the cassation or re-opening decision. The head of the civil judgment-enforcing agency shall issue a decision to continue enforcement of the judgment and a decision to amend the previously issued judgment enforcement decision to conform to the cassation or re-opening decision.
4. In case a judgment/decision which has been partially or completely enforced is protested, the head of the civil judgment-enforcing agency shall promptly notify the person having jurisdiction to lodge the protest according to cassation or re-opening procedures, the competent Procuracy and the litigant.
Settlement of consequences for part of the judgment/decision that has been enforced but subsequently annulled shall be consistent to the cassation or re-opening decision and the new judgment/decision.
Article 64. Bankruptcy declaration decision execution
1. The bankruptcy declaration decision shall be executed in accordance with the Law on Resumption and Bankruptcy and this Law.
2. Within 05 working days from the date of receipt of the decision to terminate bankruptcy procedures from the court, the head of civil judgment-enforcing agency shall issue a decision to revoke the judgment enforcement termination decision and continue to enforce the judgment in accordance with this Law.
Article 65. Enforcement of judgments in case judgment debtors are foreigners or judgments can be enforced overseas
1. In case where the judgment debtor is a foreigner, the judgment enforcement shall comply with regulations of this Law.
2. In case the judgment debtor is a Vietnamese citizen or foreigner and the judgment can be enforced overseas:
Regarding a criminal judgment/decision which declares confiscation, return or handling of exhibits and assets that exist abroad, the civil judgment-enforcing agency must cooperate with a competent authority to request the handling of assets in accordance with the law on mutual legal assistance in criminal matters;
Regarding other judgments/decisions that can be enforced overseas, the civil judgment-enforcing agency shall provide guidance for the judgment creditor on the right to request the recognition and permission for enforcement of such judgments or decisions in the foreign country.
Section 3. APPLICATION OF SECURITY MEASURES AND COERCIVE MEASURES FOR ENFORCING JUDGMENTS
Article 66. Judgment enforcement security measures
1. The judgment debtor shall be subject to one or several of the following judgment enforcement security measures to prevent the dispersal or destruction of assets and the evasion of enforcement of the judgment:
a) Freeze on their account/assets in places of their deposit;
b) Suspension of transactions and registration, transfer of the ownership, the right to use or change in the current state of assets;
c) Temporary seizure of assets and documents;
d) Suspension of exit.
2. The enforcer may, at his/her own will or when requested in writing by the litigant, promptly apply judgment enforcement security measures specified in points a, b and c clause 1 of this Article.
The head of civil judgment-enforcing agency may, at his/her own will or when requested in writing by the litigant, promptly apply judgment enforcement security measures specified in point d clause 1 of this Article.
When applying judgment enforcement security measures, the enforcer or the head of civil judgment-enforcing agency is not required to notify the litigant in advance.
3. The person requesting the application of security measures shall be responsible to the law for his/her request. In case of an unreasonable request which causes damage, he/she must pay compensation.
4. After the decision to apply security measures is issued, within 10 days from the date on which there are sufficient grounds to apply coercive measures, the enforcer shall apply coercive measures in accordance with regulations of this Law.
Article 67. Freezing accounts and assets in places of their deposit
1. An account/asset in a place of their deposit shall be frozen in case the judgment debtor has account/asset to be deposited.
2. The decision to freeze the account shall clearly state the debt. The enforcer shall immediately notify the decision to the agency/organization/individual managing the account of the judgment debtor.
The agency/organization/individual managing the account shall freeze the amount, digital asset, and other assets in the account of the judgment debtor in accordance with the Government’s regulations; in case where the amount or the value of assets in the account is less than the judgment debtor’s debt, or if the value of the assets cannot be determined, the entire amount, digital asset and other assets in the account shall be frozen.
3. The decision to freeze the asset shall clearly state the asset and the place of its deposit and the agency/organization/individual managing the asset owned by the judgment debtor shall be immediately notified to freeze the asset.
4. In case where it is necessary to immediately freeze the account/asset at the place of its deposit of the judgment debtor but the decision to freeze the account/asset has not yet been issued, the enforcer shall prepare a written request and submit it to the agency/organization/individual managing the account/asset owned by the judgment debtor to freeze them. Within 24 hours from the date on which the written request is prepared, the enforcer must issue a decision to freeze the account/asset. The record and the decision to freeze the account/asset in this case must be sent immediately to the competent People’s Procuracy.
5. The agency/organization/individual managing the account/asset must immediately execute the enforcer’s decision/request to freeze the account/asset. In case where the agency/organization/individual fails to execute the enforcer’s decision/request, resulting in the asset dispersal by the litigant, they shall be handled in accordance with the law and must pay compensation if any damage is caused.
Article 68. Suspension of transactions, registration, transfer of the ownership, the right to use or change in the current state of assets
1. Suspension of transactions, registration, transfer of the ownership or the right to use or change in the current state of the asset owned by the judgment debtor, or an asset under the common ownership of the judgment debtor and other persons shall apply when it is necessary to prevent the litigant from transferring the ownership or the right to use, dispersing, destroying, or conducting transactions related to the asset, changing the current state of the asset or evading enforcement of the judgment.
2. Decisions on suspension of transactions, registration, transfer of the ownership, the right to use or change in the current state of asset must be immediately notified to relevant agencies/organizations/individuals.
3. The litigant and the relevant agency/organization/individual shall be responsible for providing necessary documents to prove the ownership or the right to use, and shall have the right to initiate a lawsuit or request the determination of ownership or the right to use of the asset in accordance with Article 39 of this Law
4. The judgment debtor or the person currently managing/using the asset must not register or transfer the ownership or the right to use of the asset (land), convert, assign, lease, sublease, donate, mortgage, contribute the asset as capital, or conduct other transactions related to the asset; or cause damage, substitute, lose, destroy, change the structure, or change the current state of the asset until they receive a decision from the enforcer.
In case where the judgment debtor, the agency/organization/individual fails to execute the enforcer’s decision or request, resulting in the transfer of ownership or the right to use, dispersal, destruction, transactions, or change in the current state of the asset, they shall be handled in accordance with the law and must pay compensation if any damage is caused.
Article 69. Temporary seizure of assets and documents
1. Assets and documents shall be temporarily seized when assets or documents related to enforcement of a judgment are found to be managed or used by another litigant or organization/individual in order to prevent the litigant from transferring the ownership or the right to use, dispersing, destroying, or changing the current state of the assets, or evading enforcement of the judgment.
2. Decisions to temporarily seize assets and documents shall clearly state types of assets and documents to be temporarily seized. Enforcers shall hand over these decisions to litigants or organizations and individuals currently managing and using such assets and documents.
In case of necessity to immediately seize assets and documents without decisions to temporarily seize assets and documents, enforcers shall request the handover of such assets and documents and make written records thereof.
Within 24 hours from the time written records are made, enforcers shall issue decisions to temporarily seize assets and documents. Written records of and decisions on temporary seizure of assets and documents shall be promptly submitted to People’s Procuracies at the same level.
3. Agencies, organizations and individuals currently managing and using assets and documents shall submit such assets and documents as requested by enforcers. If necessary, enforcers shall request relevant agencies, organizations and individuals to assist in temporarily seizing assets and documents.
The litigant and the relevant agency/organization/individual shall be responsible for providing necessary documents to prove the ownership or the right to use, and shall have the right to initiate a lawsuit or request a competent authority to determine the ownership or the right to use of the asset/document temporarily seized in accordance with Article 39 of this Law.
1. The judgment debtor who has not yet paid their debt under a judgment/decision may be suspended from exit, except for the following cases:
a) The judgment debtor has sufficient assets to pay their debt and gives permission for the civil judgment-enforcing agency to handle the assets for enforcement of the judgment, and at the same time authorizes another person to settle enforcement of the judgment related to the assets on their behalf;
b) The judgment execution obligation is transferred in accordance with this Law;
c) An extradition decision is issued by a competent Court to the judgment debtor in accordance with the Law on Extradition;
d) Other cases prescribed by law.
2. Exit suspension decision must be immediately notified to a competent immigration management authority.
3. Imposition, extension and lifting of suspension from exit shall comply with the law on entry and exit and the Government’s regulations.
Article 71. Coercive measures for enforcing judgments
The judgment debtor shall be subject to one or several of the following coercive measures for enforcing a judgment:
1. Deduction of amounts on their account; collection of the amounts and processing of valuable documents;
2. Deduction of income;
3. Utilization of assets;
4. Distraint and handling of assets, including assets held by the third party;
5. Handover of assets, objects and documents;
6. Forced performance or non-performance of certain tasks.
Article 72. Application of coercive measures for enforcing judgments
1. Upon the expiration of the time limit specified in clause 1, Article 36 of this Law, if the judgment debtor that has capability of executing a judgment does not voluntarily execute the judgment, they shall be subject to coercive measures.
In case where it is necessary to prevent the judgment debtor from dispersing or destroying assets or committing other acts to evade executing the judgment, the head of the civil judgment-enforcing agency or the enforcer is entitled to immediately apply security measures or coercive measures in accordance with this Law.
2. Grounds for issuance of a coercive judgment enforcement decision:
a) Judgment/decision;
b) Judgment enforcement decision;
c) The judgment debtor has capability of executing the judgment but does not voluntarily execute the judgment.
3. The application of coercive measures for enforcing the judgment must correspond to the judgment debtor’s debt and judgment enforcement expenses as prescribed by law, except for the following cases:
a) The assets are indivisible or the division considerably reduces the asset value;
b) The assets have been declared to be distrained by a judgment or decision to secure enforcement of the judgment;
c) Collateral has been declared to be handled by a judgment or decision to enforce the judgment;
d) The judgment debtor voluntarily requests the distraint of specific assets among various assets, provided that such request does not obstruct enforcement of the judgment and these assets are sufficient to enforce the judgment and cover related expenses;
dd) Other cases prescribed by law.
4. The enforcer shall organize coercive enforcement of the judgment when the coercive judgment enforcement decision or a judgment/decision that has declared the distraint of assets is issued.
5. The judgment enforcement must not be organized from 10:00 PM and 06:00 AM of the following day, on days off and holidays as prescribed by law, and in other special cases as stipulated by the Government.
6. In case where the coercive judgment enforcement requires the mobilization of forces:
a) The enforcer shall make a coercive judgment enforcement plan.
The plan must include name of the person subject to coercive measures; coercive measures to be applied; the time and location of the coercive judgment enforcement; coercive judgment enforcement scheme; requirements to be satisfied by forces participating in protection of the coercive judgment enforcement; estimated expenses, and other contents as prescribed by law;
b) The civil judgment-enforcing agency shall request a competent police authority to make a plan to protect the coercive judgment enforcement.
Within 03 working days from the date of receipt of the request from the civil judgment-enforcing agency, the police authority shall formulate a plan and make a scheme to protect the coercive judgment enforcement.
The police authority shall allocate necessary forces and means to maintain security, protect scenes, promptly prevent and handle acts of dispersing assets, obstructing or opposing the judgment enforcement, temporarily seize opposers, and institute criminal cases when there is any sign of crime;
c) The head of the civil judgment-enforcing agency shall approve the coercive judgment enforcement plan and send it immediately to the People’s Procuracy, the People’s Committee of the commune where the coercive judgment enforcement is organized, the police authority, and other agencies, organizations, and individuals related to in the coercive judgment enforcement.
Relevant agencies, organizations and individuals shall implement the plan and comply with the request granted by the civil judgment-enforcing agency or the enforcer.
7. Enforcers shall estimate expenses for coercive enforcement and notify them to litigants at least 02 working days before the planned date of coercive enforcement, except for the case of immediate coercive judgment enforcement.
Article 73. Deduction of amounts from accounts
1. The enforcer shall issue a decision to deduct an amount from the judgment debtor’s account, except for the case where such deduction is not permitted as prescribed by law. The deducted amount shall not exceed the debt and the coercive judgment enforcement expense.
2. After receiving the decision to deduct an amount from the judgment debtor’s account, the agency or organization currently managing the account shall make deduction for transfer of the amount into the account of the civil judgment-enforcing agency or to the judgment creditor according to the deduction decision.
Article 74. Collection of amounts currently held by judgment debtors
1. In case a judgment debtor has income from their business activities, the enforcer shall issue a decision on collection of revenues from their business activities for enforcement of the judgment.
Upon collection of revenues, the enforcer shall deduct a minimum amount necessary for business activities and daily life of the judgment debtor and their family.
2. When detecting that a judgment debtor is holding an amount, the enforcer shall issue a decision on collection of the amount for enforcement of the judgment, except where there is a ground to confirm that the amount does not belong to the judgment debtor or in other cases as prescribed by law.
3. When detecting that a thirty party is holding the judgment debtor’s amount, the enforcer shall request the third party to transfer the amount to the civil judgment-enforcing agency, unless otherwise provided for by law. The third party holding the judgment debtor’s amount is obligated to transfer the amount to the civil judgment-enforcing agency for enforcement of the judgment. If they fail to do so, the enforcer shall issue a decision to collect the amount for enforcement.
In case where the third party holding the judgment debtor’s amount fails to comply with the enforcer’s request and transfers the amount to the judgment debtor or another person, resulting in the inability to pay the judgment creditor, the third party shall pay compensation for damage as prescribed by law.
4. In case where another organization or individual is found to be obligated to pay the judgment debtor under a legally effective judgment or decision:
a) The enforcer shall request the organization/individual to transfer the amount to enforce the judgment. If they fail to do so, the enforcer shall apply necessary coercive measures against such organization or individual to collect the amount. Expenses for application of coercive measures shall be borne by the organization/individual;
b) In case where the judgment or decision is being enforced by another civil judgment-enforcing agency, the enforcer shall notify and request the agency to organize enforcement of the judgment as prescribed by law.
Article 75. Seizing and processing valuable documents
1. In case where the judgment debtor or an agency/organization/individual is found that they are holding the judgment debtor’s valuable documents, the enforcer shall issue a decision to seize such documents for enforcement of the judgment.
2. The judgment debtor or the agency/organization/individual holding the judgment debtor’s valuable documents shall hand over such documents to the civil judgment-enforcing agency. If the judgment debtor or the agency/organization/individual holding the judgment debtor’s valuable documents fails to hand over documents to the civil judgment-enforcing agency, the enforcer shall request a competent agency/organization/individual to transfer of their value to enforce the judgment.
3. Valuable documents shall be processed in accordance with the law.
Article 76. Deduction of incomes
1. A judgment debtor’s income includes salary, remuneration, pension, compensation for loss of capacity for work and another legal income.
2. The judgment debtor’s income shall be deducted in one of the following cases:
a) As agreed by the litigant;
b) Under a judgment or decision which requires the deduction of the judgment debtor’s income;
c) Alimony judgment enforcement, periodical judgment enforcement, or in a case where the debt to be collected for enforcement of the judgment is small or other assets owned the judgment debtor are insufficient for enforcement of the judgment.
3. Upon deduction of income, the enforcer shall deduct a minimum amount necessary for daily life of the judgment debtor and their dependants in accordance with the law.
4. The agency, organization, employer, social insurance authority where the judgment debtor receives their salary, remuneration, pension, allowance and other lawful income shall abide by the civil judgment-enforcing agency’s decision.
5. The Government shall elaborate clause 3 of this Article.
Article 77. Utilization of assets
1. The enforcer may conduct coercive utilization of assets owned by a judgment debtor in one of the following cases:
a) The value of assets is much larger than the debt and these assets can be utilized for enforcement of the judgment;
b) The judgment creditor agrees with coercive utilization of assets for enforcement of the judgment, provided the utilization of assets does not affect the legitimate rights and interests of a third party.
2. Coercive utilization of assets owned by the judgment creditor shall be conducted as follows:
a) In case of assets that are being directly utilized by the judgment debtor or another person permitted by the judgment debtor, the current utilizer may continue their utilization.
In case where the assets have not yet been utilized, the enforcer shall request the judgment debtor to sign an asset utilization contract with the organization or individual that wishes to utilize the assets;
b) The asset utilizer specified in point a of this clause shall remit the amount earned from the asset utilization to the civil judgment-enforcing agency, after necessary expenses are deducted;
c) If, within 10 days from the date of receipt of the request, the judgment debtor fails to sign the utilization contract with the organization/individual, the enforcer shall distrain and handle the assets for enforcement of the judgment.
Article 78. Asset distraint decision
1. The enforcer shall issue a decision to distrain the judgment debtor’s assets, including assets currently held by the third party, if the asset ownership and the land use rights have been transferred in accordance with the law, except for the case specified in clause 2 of this Article.
In cases where the third party is holding or is obligated to return assets to the judgment debtor, and such assets have been determined by a legally effective judgment or decision issued by the court, the enforcer may still distrain and handle them for enforcement of the judgment.
In case where the judgment debtor has not been granted a certificate of land use rights, ownership of houses and other assets on land, but is eligible for such certificate in accordance with the land law, or is subject to land repossession without a land repossession decision, or in another case where land use rights may be transferred as prescribed by land law, the enforcer may still distrain and handle the assets for enforcement of the judgment.
2. The enforcer does not issue the decision to distrain assets in case where the court judgment/decision has already declared the distraint of assets or in other cases as prescribed by law.
3. Decisions to distrain specific types of assets shall be issued:
a) In case the assets are land use rights and assets on land under the ownership of the judgment debtor, both the land use rights and the assets on land must be distrained.
In case the asset on the judgment’s debtor land is owned by another person, the enforce shall only distrain land use rights. Assets owned by other persons shall be handled according to regulations in clause 2 Article 81 of this Law.
In case the judgment enforcement assets are assets on a piece of land leased out by the State for annual rents and the right to lease such land specified in the land lease contract, the enforcer shall only distrain the assets when all conditions are met according to the land law.
In case the current state of the asset being land use rights differs from that indicated in the certificate of land use rights or the certificate of ownership of houses and assets on land, the enforcer shall distrain and handle the assets as prescribed by law;
b) In case the judgment debtor commits to confirm and prove that the house is the sole residence of the judgment debtor and his/her family, the enforcer shall only distrain it if he/she has no other assets or has other assets insufficient for enforcement of the judgment, unless the judgment debtor agrees to the distraint of the house for enforcement of the judgment, or the house has been declared to be distrained by a judgment or decision, or the house is collateral that has been declared by a judgment or decision to be handled for enforcement of the judgment.
c) In cases the assets are houses or construction works on land owned by the judgment debtor, the land use rights must also be distrained, except where land use rights must not be distrained as prescribed by law, or where the separation of the distrained assets from the land does not significantly reduce the value of such assets.
In case where houses or construction works are attached to the land use rights of another person, the enforcer shall only distrain the houses, construction works, and land use rights if the land use right holder agrees. If the land use right holder does not agree, the enforcer shall only distrain the houses or construction works of the judgment debtor if the separation of such houses or construction works from the land does not significantly reduce the value of the assets;
d) In case where the judgment debtor has no other assets or has assets insufficient for enforcement of the judgment, the enforcer is entitled to distrain the judgment debtor’s assets that are being pledged or mortgaged, provided that the value of such assets exceeds the judgment debtor’s debt and judgment enforcement expenses.
In cases where the judgment debtor’s assets are collateral for the bad debt at a credit institution or foreign bank branch, regulations in the Law on Credit Institutions shall apply;
dd) In case where the judgment debtor has assets that produce yields, the enforcer shall distrain such yields to secure enforcement of the judgment. Regarding yields that are food or foodstuffs, the enforcer, when distraining such yields, must permit the judgment debtor to retain a reasonable portion necessary for the sustenance of himself/herself and his/her family in accordance with point a, clause 2, Article 79 of this Law.
e) In case where the judgment debtor that is the intellectual property right holder, transfers the right to use such intellectual property to another agency/organization/individual, the intellectual property rights shall still be distrained.
In case where, for the purposes of maintenance of national defense, security, public welfare, and protection of the interests of the State and society, the State decides that the intellectual property right holder must transfer their rights to another agency/organization/individual during a specific period, the enforcer must not distrain the judgment debtor’s intellectual property rights during the mandatory transfer period
The enforcer shall decide to assign the agency/organization/individual to utilize intellectual property rights. The assigned agency/organization/individual must transfer the amount earned after deduction of necessary expenses to the civil judgment-enforcing agency for enforcement of the judgment.
If necessary, the enforcer may request a specialized intellectual property organization to collect and manage income and profits from the judgment debtor’s utilization of intellectual property rights.
If the judgment debtor has transferred their intellectual property rights to another agency/organization/individual but has not yet been paid or has only been partially paid, the enforcer shall issue a decision to compel the transferee to transfer the unpaid amount for enforcement of the judgment.
4. The Government shall elaborate this Article.
Article 79. Assets that must not be distrained
1. Assets prohibited from circulation in accordance with regulations of law; assets serving national defense, security and public purposes; assets provided by the state budget for organizations and individuals.
2. Assets owned by a judgment debtor that is an individual:
a) Food meeting the essential needs of the judgment debtor and his/her family during the period in which he/she has no new income or does not produce new yield;
b) Medicines and medical equipment necessary for disease prevention and treatment for the judgment debtor and his/her family;
c) Necessary tools intended for the disabled and tools used to take care of the sick;
d) Ordinary offerings suitable for local customs;
dd) Essential working tools having low value and used as major or sole means of living of the judgment debtor and his/her family;
e) Utensils necessary for the daily life of the judgment debtor and his/her family;
3. Assets owned by a judgment debtor that is an enterprise, cooperative or production, business or service establishment:
a) Medicines and medical equipment for disease prevention and treatment for employees; food, foodstuff, tools and other assets used to serve meals for employees;
b) Nursery, school, medical facility and other equipment, means and assets owned by the enterprise/cooperative/establishment and used for non-commercial purposes;
c) Devices, equipment, means and tools for labor safety protection, fire and explosion and environmental pollution prevention and control, except for the case where they are attached to assets distrained or handled.
4. Other assets as prescribed by law.
1. When distraining assets, the enforcer must make a distraint record. The distraint record shall include time, location, and participants; the distrained assets; other assets (if any); the handover of assets for preservation; participants’ opinions; and any arising issues. The distraint record must bear the signatures of the enforcer, the participants, and the record maker.
In case where the litigant or their authorized representative is absent although they have been duly notified, the enforcer shall still proceed with the distraint, but must clearly specify such absence in the distraint record.
When distraining real estate, a representative of the commune-level administrative division or representative of the village or residential cluster where the coercive judgment enforcement is organized, and a competent local land management agency, must participate.
2. Specific assets shall be distrained as follows:
a) At least 03 working days before the distraint of real estate, the enforcer shall notify the competent People’s Procuracy, a competent land management agency, the representative of the commune-level administrative division or the representative of the village or residential cluster where the coercive judgment enforcement is organized, the litigant, and the person having related interests and obligations of the time, location, and assets to be distrained, except where it is necessary to prevent the litigant from dispersing or destroying assets or evading enforcement of the judgment;
b) When distraining the judgment debtor’s house that is being leased, lent by, or offered for free-of-charge stay of another person, the enforcer must notify the lessee, borrower, or occupant accordingly.
If the asset is being used under an unexpired lease/lending/temporary stay agreement, the lessee/borrower/occupant is entitled to continue leasing/lending/temporarily staying in the asset until the civil judgment-enforcing agency hands over the asset to the purchaser or the recipient as a deduction from the judgment debt. Legitimate rights and interests of the lessee, borrower, or occupant shall comply with regulations of law
If the lessee/borrower/occupant commits any act of resisting or obstructing the judgment enforcement, the enforcer shall compel him/her and other persons who are present to voluntarily move their assets and leave the house, even if the contract term has not yet expired. In case where they do not voluntarily comply with the enforcer’s request, the enforcer shall request the enforcement force to remove them and their assets from the distrained house.
c) When distraining land use rights, transportation vehicles, assets being intellectual property rights, or other assets that must be registered as prescribed by law, the enforcer shall request the judgment debtor or the person managing the certificate of ownership or right to use of assets and other relevant documents to submit such certificate and documents to the civil judgment-enforcing agency;
d) After the distraint of a transportation vehicle that is being used, the enforcer shall seize or assign it to the judgment debtor or the person currently managing and using the vehicle to continue their use and preservation; however, they are not permitted to change the current state of the vehicle, transfer, pledge, mortgage, or conduct other transactions related to the vehicle.
In case where the transportation vehicle is assigned to the judgment debtor or the person currently managing and using it for the continued use, the enforcer shall grant them a record of seizure of vehicle registration so that the vehicle is permitted for road traffic;
dd) When distraining objects, houses, construction works, or other assets, if the judgment debtor or the person currently managing/using/preserving the assets is absent or fails to comply with the enforcer’s requests, the enforcer shall, on a case-by-case basis, implement coercive measures to unlock or unpack the objects; compel the removal from houses, construction works or assets on land; and apply other necessary measures to distrain, implement coercive measures, or inspect the current state of the assets. The judgment debtor shall be held liable for any damage caused by the coercion;
e) The distraint of aircraft or sea-going ships for enforcement of the judgment shall comply with regulations of law on arrest of aircraft and sea-going ships.
3. If, during the distraint, the enforcer discovers additional assets owned by the judgment debtor at the distraint location but such assets have not yet been included in the distraint decision, the enforcer shall distrain those assets and record them in the distraint record. Immediately after concluding the distraint, the enforcer must issue a decision on additional distraint of such assets.
If necessary, the enforcer shall amend the distraint decision according to clause 2 Article 52 of this Law.
Article 81. Handling assets distrained
1. After the distraint, the enforcer shall follow procedures for valuation, determination of prices, sale and handover of assets and other procedures in accordance with this Law.
2. In case another person’s asset can be removed from the distrained asset, the enforcer shall request the asset owner to remove or dismantle the asset from the distrained asset within 15 days from the date of notification. If, upon the expiration of the aforementioned time limit, the asset owner fails to remove or dismantle the asset, the enforcer shall follow procedures for valuation, determination of price, sale of the asset in accordance with Article 82 and Article 83 of this Law. During the handling pending period, the asset shall be preserved together with the distrained asset, and the asset owner has the right to reclaim the asset after paying all incurred expenses.
If the asset cannot be removed or dismantled or such removal or dismantlement considerably reduces the asset value, the asset shall be valuated, have its price determined, and be sold together with the distrained asset.
The asset owner is refunded proceeds from sale of the asset after deduction of expenses for preservation and handling of the asset. Such proceeds from sale of the asset shall be used in accordance with regulations of clause 1, Article 59 of this Law.
3. Regarding assets that are annual crops and short-term livestock not ready for harvest or assets in a closed production process uncompleted, after the distraint, the enforce may only handle such assets when they are ready for harvest or the closed production process is complete.
Article 82. Valuation and determination of prices of assets distrained
1. Valuation and determination of price of an asset are prescribed as follows:
a) Within 05 working days from the date of completion of the distraint of asset, the enforcer shall sign a service contract with a valuation enterprise, except for the case of receipt of a written agreement on price of the asset from the litigant;
b) The enforcer shall determine the price in case the asset is perishable good or item or asset of low value, or when the enforce cannot select the valuation enterprise;
c) Valuation and determination of the prices of assets that are gold, securities, digital assets, or other specific assets shall comply with regulations of the law.
2. Re-valuation and re-determination of price of the asset shall be based on one of the following grounds:
a) A competent authority or person reaches a conclusion stating that the enforcer or the valuation enterprise has committed a serious violation resulting in distorted results of valuation and determination of the price;
b) The valuation certificate has expired before the signature of the asset auction contract, unless the litigant has agreed to continue using the price stated in such certificate;
c) The litigant submits a written request for re-valuation and re-determination of price of the asset within 05 working days from the date of receipt of the notification of the result of initial valuation/determination of the price. Re-valuation and re-determination of price of the asset at the request of the litigant may be only carried out once. The requester must bear expenses and immediately pay an advance for re-valuation and re-determination of the price in accordance with the Government’s regulations.
3. Re-valuation and re-determination of price of the asset shall be carried out within 05 working days from the date on which there are grounds specified in clause 2 of this Article. Procedures for re-valuation and re-determination of price of the asset shall be followed in accordance with clause 1 of this Article.
4. Reserve price for initial auction is the price based on the result of the valuation/determination of price of the asset specified in clause 1 of this Article, or the price agreed upon by the litigant. In case of re-valuation and re-determination of the price, the price after re-valuation/re-determination shall be the reserve price for the auction.
5. In case, under a judgment or decision, one party receives the asset and must pay another person the value of such asset but the asset value has increased or decreased compared to its value at the time the judgment or decision takes legal effect, the asset shall be valuated in accordance with this Article provided that the following conditions are met:
a) At least one of the litigants submits a written request for valuation of the asset, provides documents proving a change in the price, and has paid an advance for the valuation;
b) The judgment enforcement is prolonged due to emergency situation, objective obstacles, or force majeure events.
6. The valuation enterprise or the valuer shall be responsible for valuation of the asset used for enforcement of the judgment and explanation of the valuation result in accordance with the Law on Price. In case any damage is caused, they must pay compensation as prescribed by law
Article 83. Sale of assets distrained
1. Before initial sale of an asset under the common ownership, or in case an organization or individual has the priority to purchase such asset under a court judgment, court decision or regulations of law, the enforcer shall notify the co-owners, the organization/individual of their priority to purchase the asset at the reserve price.
The time limit for exercising the priority right to purchase the real estate is 15 days or purchase the movable asset is 05 working days from the date of valid notification. Within 05 working days from the expiration of the priority period, if the person given priority to purchase the asset fails to make payment, the asset shall be sold in accordance with clause 2 of this Article.
Regarding subsequent sales of the asset, the priority right to purchase the asset shall be exercised 03 working days prior to the commencement of the auction.
2. The distrained asset shall be sold as follows:
a) Within 05 working days from the expiration of the time limit specified in point c, clause 2, Article 82 of this Law, if the litigant does not make any request, the enforcer shall sign an auction contract with an asset auction practicing organization. In case of re-valuation/re-determination of price of the asset, the time limit for signature of the contract shall be 05 working days from the date of receipt of the re-valuation/ re-determination result.
Within 05 working days from the expiration of the above-mentioned time limit, if the auction contract cannot be signed with the asset auction practicing organization, a local asset auction center shall conduct the auction.
The auction of movable asset shall be conducted within 30 days and the auction of real estate shall be conducted within 45 days from the date of signature of the auction contract;
b) Within 05 working days from the date on which the price determination result is available, the enforcer shall sell the asset without following auction procedures in case of low-value movables or assets being perishable goods or items;
c) Assets that are gold, securities, digital assets, or other specific assets shall be sold in accordance with the law.
3. Within 05 working days from the date of receipt of the notification of unsuccessful auction, the enforcer shall issue a price reduction decision to continue the asset auction. Each price reduction does not exceed 10% of the reserve price of the preceding auction. The reduced price as decided by the enforcer shall be the reserve price for the subsequent auction.
From the second price reduction, if the auction is unsuccessful, the judgment creditor may receive the asset as a deduction from the judgment debt at the latest reduced price.
In case the judgment creditor does not agree to receive the asset used for enforcement of the judgment, the enforcer shall issue a decision on reduction of the price of the asset for further auction. If the reduced price of asset is equal to or lower than the judgment enforcement expense and the judgment creditor still refuses to receive the asset, the asset shall be returned to the judgment debtor for management and use. The judgment debtor must not put the asset into any civil transaction until their debt is fully paid.
4. 01 working day before an auction is held, the judgment debtor may receive back the asset if they have fully paid judgment enforcement expense and other actual and reasonable expenses arising from coercive judgment enforcement and organization of the auction.
The judgment debtor shall refund actual and reasonable expenses to the asset purchase registrant. Expenses shall be agreed by the parties. If no agreement can be reached, the parties shall request a Court to rule on expenses.
5. Auction procedures shall comply with the law on asset auction.
6. In case where multiple assets are auctioned in the same auction, the enforcer shall request the asset auction practicing organization, the asset auction council, or the auctioneer to conduct the auction in the descending order of the asset value.
7. The asset auction practicing organization or the auctioneer shall follow procedures for auctioning the assets and be responsible for the auction of the assets used for enforcement of the judgment in accordance with the Law on Property Auction. If any damage is caused, they must compensate for such damage in accordance with the law.
Article 84. Suspension and termination of organization of auctions/auction sessions for assets used for enforcement of judgments
1. The enforcer is entitled to request the asset auction practicing organization or the asset auction council to suspend organization of an auction when there is one of the following grounds:
a) There is a judgment enforcement suspension/postponement decision;
b) There is a request from a person having the jurisdiction to settle complaints and denunciations for suspension of enforcement of the judgment to settle such complaints and denunciations;
c) There is a protest lodged by the People’s Procuracy, or a decision or another document issued by a presiding authority on suspension of handling of the asset.
2. The enforcer is entitled to request the asset auction practicing organization or the asset auction council to terminate organization of an auction; or the auctioneer to terminate an auction session when there is one of the following grounds:
a) There is a judgment enforcement termination decision;
b) A competent authority or person reaches a conclusion stating that a serious violation against regulations on organization of enforcement of the judgment and auction of the asset is committed;
c) There is a ground to confirm that the auctioned asset is ineligible for the auction;
d) The judgment debtor has fully paid their debt to receive back their asset, or the judgment creditor receives the distrained asset as deduction from the judgment debt in accordance with regulations of this Law;
dd) The asset is sold in accordance with clause 6 Article 83 of this Law and proceeds from auction of the asset are sufficient to pay the debt and cover all expenses as regulated.
3. Organization of auctions or auction sessions in accordance with clause 1 and clause 2 of this Article may only be suspended or terminated before the auctioneer announces the auction winner, and such suspension/termination must be included in the asset auction contract and the Auction Regulation in accordance with the law on asset auction.
4. The Government shall elaborate this Article.
Article 85. Asset auction result cancellation
1. Cancellation of asset auction results shall comply with regulations on auction of assets. In case asset auction results are cancelled, the handling of assets used for enforcement of the judgment shall comply with this Law.
2. If there is a ground to prove that a violation is committed in the course of auction, an asset purchaser or the enforcer may file a lawsuit to request the court to settle any dispute over the asset auction result according to the Government’s regulations.
3. The remediation of consequences and payment of compensations for damage caused by the cancellation of asset auction results shall comply with the law.
Article 86. Handover of assets for enforcement of judgments
1. In case the litigant reaches an agreement to let the judgment creditor receive the asset distrained and deduct its value from the debt, the enforcer shall make a written record of such agreement. In case there are multiple judgment creditors, the asset recipient shall meet all requirements as follows:
a) The asset recipient obtains the consent from other judgment creditors;
b) The asset recipient has paid the deducted amount as prescribed in clause 2, Article 89 of this Law; judgment enforcement expenses borne by the litigant; and has paid other judgment creditors in proportion to the value to which they are entitled; and other amounts in accordance with Government’s regulations.
2. The enforcer shall issue a decision to hand over the asset to the purchaser or the recipient to deduct its value from the judgment debt.
3. The purchaser or the recipient of asset as a deduction from the judgment debt has their ownership of or right to use such asset recognized and protected by law.
4. If the purchaser has fully paid for the auctioned asset but the judgment or decision is amended or annulled, the civil judgment-enforcing agency shall continue the asset handover, including coercive judgment enforcement for handover of the asset to the purchaser, except for the case where the asset auction result is cancelled in accordance with law or the litigant reaches another agreement.
5. In case of coercive handover of the asset to the purchaser or the receipt of the asset as deduction from the judgment debt, the enforcer shall comply with regulations of Articles 88, 89, and 90 of this Law.
Article 87. Registration of transfer of ownership of or right to use asset
1. The competent state authority shall follow procedures for registering and transferring the ownership and the right to use of the asset to the purchaser or the recipient of the asset as a deduction from the judgment debt; revoking, amending, or annulling the certificate of ownership of/right to use of the asset, and secured transaction registration documents previously issued to the judgment debtor; and issuing new documents in accordance with the law.
The civil judgment-enforcing agency shall be responsible for providing documents for the registration of transfer of ownership and the right to use of the asset, as prescribed by the Government, for the purchaser of the asset used for enforcement of the judgment or the recipient of the asset as deduction from the judgment debt.
2. Regarding an asset being the right to use land/house/asset on land that is eligible for but has not been issued with the initial certificate, the civil judgment-enforcing agency shall request a competent authority to issue the initial certificate of land use rights, or ownership of the house/asset on land to the purchaser or the recipient of the asset to deduct its value from the judgment debt in accordance with the law.
Regarding asset being the right to use land/house/asset on land to which a certificate has been issued but cannot be revoked, the civil judgment-enforcing agency shall request a competent authority to revoke or annul the issued certificate and issue a certificate of land use rights, or ownership of the house/asset on land to the purchaser or the recipient of the asset used for enforcement of the judgment in accordance with the law.
3. Regarding an asset other than that mentioned in clause 2 of this Article, without a registration certificate or with its certificate irrecoverable, a competent registration agency shall be responsible for issuing an asset ownership and use right registration certificate.
4. Newly issued certificates will replace irrecoverable certificates. Irrecoverable certificates are no longer valid.
Article 86. Coercive handover and return of objects and documents
1. Specific objects shall be coercively returned as follows:
a) The enforcer shall request the judgment debtor or the person currently managing and using these objects to return them to the judgment creditor. If they fail to do so, the enforcer shall seize and return these objects to the judgment creditor;
b) In case the value of objects has decreased and the judgment creditor refuses to receive them back, the enforcer shall provide guidance for the litigant to reach a judgment enforcement agreement. The judgment shall be enforced according to the agreement.
In case the litigant cannot reach agreement, these objects shall be coercively returned to the judgment creditor.
The litigant may file a lawsuit to request a court to settle the damage caused by the decrease in the value of objects returned;
c) In case such objects no longer exist or are irreparably damaged and the litigant otherwise agree on enforcement of the judgment, the enforcer shall enforce the judgment according to the agreement.
In case the litigant cannot reach agreement, they may file a lawsuit to request the court to settle the damage caused by non-existence or irreparable damage of the objects returnable.
Upon the expiration of 15-day period from the date of notification, if the litigant does not request the Court to settle the damage, the civil judgment-enforcing agency shall proceed in accordance with regulations of Article 38 of this Law
2. In case returnable objects no longer exist or are damaged or devalued, the enforcer shall request the judgment debtor to return fungible objects or pay the value of fungible objects, unless otherwise agreed by the litigant.
3. In case irrevocable documents are reissuable, the enforcer shall request a competent authority or organization to issue a decision on annulment of these documents and issue new ones to the judgment creditor, the purchaser of the asset used for enforcement of the judgment, the recipient of the asset as deduction from the judgment debt.
Regarding irrevocable certificates of land use rights and ownership of houses and other assets on land and other documents on related assets, regulations in Article 87 of this Law shall apply.
Article 89. Coercive transfer and return of houses and assets on land
1. Upon the coercive transfer or return of a house or asset on land, the enforcer shall request the enforcement force to remove the judgment debtor, other persons, and their assets or belongings from the house or the asset on land.
In case where the judgment debtor is absent or the owners refuse to receive their assets/belongings although they are duly notified of the coercive enforcement decision, the enforcer shall hand over such assets or belongings to an organization or individual capable of preservation, or preserve them at the civil judgment-enforcing agency, and notify the location and time for each owner to receive back his/her asset(s)/belonging(s). These assets and belongings shall be handled according to Article 59 of this Law. The judgment debtor shall suffer all damages arising from coercion.
2. In case of coercive transfer of a house being the sole residence of the judgment debtor to a person who has purchased it, if finding that the judgment debtor, after fully paying their debt, becomes unable to rent the house, the enforcer shall, before following procedures for paying the debt to the judgment creditor, deduct an amount enough for the judgment debtor to pay rents for 01 year as prescribed by the Government.
Article 90. Coercive transfer of land use rights
1. Upon the coercive transfer of land use rights, the enforcer shall organize the transfer of the land area to the judgment creditor and comply with regulations of clause 1, Article 89 of this Law.
Land may only be transferred when a representative of a competent land agency or the People’s Committee of commune where the transferred land exists participates.
2. In case where another person’s asset attached to land use rights is transferred and the handling of the asset has been indicated in the enforced judgment or decision, the civil judgment-enforcing agency shall handle the asset in accordance with the judgment or decision.
3. In case where another person’s asset attached to land use rights is transferred and the handling of the asset has not yet been indicated in the enforced judgment or decision, the civil judgment-enforcing agency shall take actions as follows:
a) In case the asset on land is formed after the first-instance judgment or decision is issued, the enforcer shall request the asset owner to remove or dismantle the asset from the land area to be transferred. Upon expiration of the 15-day period from the date of notification, if the asset owner fails to do so, the enforcer shall make coercive transfer of land use rights together with the asset to the judgment creditor. Rights and obligations of the parties shall be exercised and fulfilled according to the civil law.
In case the judgment creditor does not agree to receive the asset on land, the enforcer shall follow procedures for valuation, determination of price, and sale of the asset as prescribed in Article 82 and Article 83 of this Law. If the judgment creditor agrees to let the asset remain on the land pending the handling, the enforcer shall transfer the land after the asset has been completely handled; if the judgment creditor does not agree, the enforcer shall make coercive removal or dismantlement of the asset from the land area to be transferred.
The asset owner is refunded proceeds from sale of the asset after deduction of expenses for preservation and handling of the asset. Such proceeds from sale of the asset shall be used in accordance with regulations of clause 1, Article 59 of this Law.
b) In case the asset on land is formed before a first-instance judgment or decision is issued, the civil judgment-enforcing agency shall request the court that has issued such judgment or decision to clearly explain the handling of the asset or request a competent Court to review the judgment or decision according to cassation or re-opening procedures.
Article 91. Coercive fulfillment of the obligation to perform certain tasks
1. In case of coercive performance of certain tasks or in case where a commercial juridical person is compelled to publicly apologize, when issuing a coercion decision, the enforcer shall set a time limit of 05 working days from the date of due notification for the judgment debtor to fulfill their obligation.
2. Upon the expiration of the set time limit, if the judgment debtor still fails to fulfill their obligation, the enforcer shall:
a) In case these tasks can be assigned to another person for fulfillment on behalf of the judgment debtor, assign such tasks to the person capable of performing tasks. Expenses for performance of tasks shall be borne by the judgment debtor;
b) In case the obligation fulfillment is closely associated with the personal identity of the judgment debtor, or the obligation is non-transferable as prescribed by law or the judgment debtor does not voluntarily perform certain tasks, request a competent authority to conduct criminal prosecution for failure to execute the judgment.
Article 92. Prohibition from performance of certain tasks
Upon prohibition from performance of certain tasks, if necessary, the enforcer may request the judgment debtor to restore the original state.
In case the judgment debtor still fails to terminate the performance of these tasks or to restore the original state, the enforcer shall request a competent authority to conduct criminal prosecution for failure to execute the judgment.
Article 93. Coercive delivery of minors to authorized guardians under judgments or decisions
1. In case of coercive delivery of a minor to an authorized guardian, when issuing a coercion decision, the enforcer shall set a time limit of 5 working days from the date of due notification for the judgment debtor or the custodian of the minor to abide by the decision.
Before issuing the coercion decision, the enforcer shall cooperate with the commune-level People’s Committee and relevant organizations and individuals to persuade the litigant to voluntarily execute the judgment.
2. Upon the expiration of the set time limit, if the judgment debtor or the custodian of the minor fails to deliver the minor to the authorized guardian, the enforcer shall request a competent authority to conduct criminal prosecution for failure to execute the judgment.
3. Procedures for coercive delivery of a person who is legally incapacitated, or a person with limited cognition and behavior control to an authorized guardian that is an organization/individual shall be followed in accordance with clauses 1 and 2 of this Article.
Article 94. Coercive reinstatement of employees
In case of coercive reinstatement of an employee, when issuing a coercion decision, the enforcer shall set a time limit of 05 working days from the date of due notification for an employer to reinstate their employee.
Upon the expiration of the set time limit, if the employer still fails to do so, the enforcer shall discipline the employer or criminally prosecute the employer for failure to execute the judgment.
Article 95. Termination of application of security measures and coercive measures and release of distrained assets
1. Decisions on application of security measures/coercive measures for enforcing a judgment shall automatically cease to be effective when a decision to terminate enforcement of the judgment or a decision to cancel the application of security measures/coercive measures is issued by a competent person.
2. The competent person who applied the security measures specified in points a, b, and c, clause 1, Article 66 of this Law must issue a decision to terminate the application of security measures within 03 working days from the date on which there is one of the following grounds:
a) The person requesting the application of security measures makes a request for termination of such measures;
b) The judgment debtor has fully paid their debt, fees, and judgment enforcement expenses in accordance with this Law;
c) The judgment debtor does not have the ownership or the right to use of assets and documents;
d) Other cases prescribed by law.
3. The enforcer shall issue a decision to release the distrained assets or a decision to terminate the income deduction measure application within 03 working days from the date on which there is one of the following grounds:
a) The litigant reaches an agreement on the release of distrained assets, except where such agreement violates the law, is contrary to social ethics, affects the State interests or the legitimate rights and interests of the third party, or aims to evade the obligation to pay judgment enforcement fees;
b) The judgment debtor has fully paid their debt, fees, and judgment enforcement expenses or other cases in accordance with the law.
4. The enforcer shall issue a decision to terminate coercive utilization of an asset within 03 working days from the date on which there is one of the following grounds:
a) The utilization of assets is ineffective or obstructs the judgment enforcement;
b) The judgment debtor or the asset-utilizing person fails to properly follow the enforcer’s request for utilization of the asset;
c) The judgment debtor has fully paid their debt, fees, and judgment enforcement expenses or other cases in accordance with the law.
5. In case the coercive utilization of asset is terminated according to points a and b, clause 4 of this Article, the enforcer shall continue to distrain and handle the asset for enforcement of the judgment.
6. After termination of application of security measures and coercive measures and release of distrained assets, assets and documents shall be returned in accordance with the Government’s regulations.
COMPLAINTS, DENUNCIATIONS, PROTESTS AND RECOMMENDATIONS
Section 1. COMPLAINTS ABOUT AND RESOLUTION OF COMPLAINS ABOUT ENFORCEMENT OF CIVIL JUDGMENTS
Article 96. Right to complain about enforcement of civil judgment
1. Litigants have the rights to complain about civil judgment enforcement decisions or acts issued/committed by heads of civil judgment-enforcing agencies, enforcers, heads of civil judgment-enforcing offices and bailiffs if they have grounds to believe that these decisions or acts are illegal or have infringed upon their legitimate rights and interests.
Persons having related interests and obligations specified in clause 4 Article 3 of this Law have the rights to complain about civil judgment enforcement decisions or acts issued/committed by heads of civil judgment-enforcing agencies, enforcers, heads of civil judgment-enforcing offices and bailiffs if they have grounds to believe that these decisions or acts are illegal or have directly infringed upon their legitimate rights and interests.
2. The prescriptive period of the initial complaint about enforcement of a civil judgment is prescribed as follows:
a) Regarding a judgment enforcement decision issued or act committed before the decision on application of security or coercive measure is issued, the prescriptive period is 15 days from the date of due notification of the decision or detection of the act;
b) Regarding a decision on or act of application of a security measure, the prescriptive period is 10 days from the date of due notification of the decision or detection of the act;
c) Regarding a decision on or act of application of a coercive measure after the coercive measure application decision is issued, the prescriptive period is 30 days from the date of due notification of the decision or detection of the act;
3. For a subsequent complaint, the prescriptive period is 15 days from the date of due notification of the decision to resolve the initial complaint.
4. In case a complainant is unable to lodge his/her complaint within the prescriptive period due to emergency, objective obstacle or force majeure circumstance, the period during which such impediment exists shall be excluded from the prescriptive period for lodging the complaint.
Article 97. Cases where complaints are not accepted for resolution
1. The complained decision or act is not directly related to the legitimate rights and interests of the complainant.
2. The complainant does not have full civil act capacity and lawful representative, unless otherwise provided for by law.
3. The representative has no proof of his/her lawful representation.
4. The prescriptive period for lodging the complaint has expired, except for the case specified in clause 4 Article 96 of this Law.
5. The complaint has been already resolved under a legally effective decision.
6. Administrative decisions or acts that are complained are internal decisions or acts issued/committed by state authorities for direction and organization of the performance of tasks and civil works; administrative decisions or acts related to direction and administration of inferior administrative agencies by superior administrative agencies; or administrative decisions containing legal rules issued by competent authorities, organizations, or individuals according to procedures of the law on promulgation of legislative documents.
7. Complaints have been resolved according to procedures for settlement of denunciations or the complaint resolution termination notification has been previously issued in accordance with clause 3, Article 105 of this Law.
Article 98. Jurisdiction to resolve complaints about enforcement of civil judgments
1. Heads of provincial civil judgment-enforcing agencies shall resolve initial complaints about their decisions and acts and those issued/committed by deputy heads and enforcers under their management.
Heads of civil judgment-enforcing offices shall resolve initial complaints about their civil judgment enforcement decisions and acts and those issued/committed by bailiffs under their management.
2. The head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam shall resolve second-time complaints about legally ineffective complaint resolution decisions issued by heads of provincial civil judgment-enforcing agencies and heads of civil judgment-enforcing offices. The complaint resolution decision issued by the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice shall immediately take effect.
3. The Minister of Justice of Vietnam may review each complaint resolution decision which is effective for enforcement specified in clause 1 or 2 of this Article when there is one of the following grounds:
a) The complained decision or act is unlawful, but the complaint resolution decision concludes that such decision or act is lawful;
b) The complaint resolution seriously violates regulations of the law on procedures for resolving complaints against enforcement of civil judgments;
c) There is a new fact that fundamentally changes the complaint resolution result;
d) The Supreme People’s Procuracy makes a proposal.
4. Heads of military zone-level civil judgment-enforcing agencies shall resolve initial complaints about their decisions and acts and those issued/committed deputy heads and enforcers under their management.
5. The head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam shall resolve second-time complaints about legally ineffective complaint resolution decisions issued by heads of military zone-level civil judgment-enforcing agencies. The complaint resolution decision issued by the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense shall immediately take effect.
6. The Minister of National Defense of Vietnam may review complaint resolution decisions which are effective for enforcement specified in clauses 4 and 5 of this Article when there is one of the following grounds specified in clause 3 of this Article.
Article 99. Rights and obligations of complainants
1. A complainant has the following rights:
a) Lodge complaints directly or through his/her lawful representative;
b) Hire a lawyer or a duty solicitor to receive legal consultancy in the complaint process;
d) Get access to proofs serving as grounds for resolution of the complaint, except for information and documents included in the list of state secrets; show proofs relevant to the complaint and give his/her opinions on these proofs; receive the complaint acceptance document, the notification of suspension/termination, and decision on resolution of the complaint;
d) Have his/her legitimate rights and interests, which have been infringed upon, restored, and be eligible for compensations for damage, if any;
dd) Lodge the second complaint if he/she disagrees with the initial complaint resolution decision which is legally ineffective and issued by the person having the jurisdiction to resolve complaints;
e) Fully or partially revoke his/her complaint at any stage of the complaint resolution and complaint process. The complaint shall be revoked through a written request for revocation of the complaint or a record specifying the complainant’s opinion on the revocation when he/she works with the person having the jurisdiction to resolve complaints or the person verifying the complaint.
2. A complainant has the following obligations:
a) Lodge his/her complaints to the person having the jurisdiction to resolve complaints;
b) Give truthful presentations of the matters, supply information and documents to the person having the jurisdiction to resolve complaints; take responsibilities to law for the contents of their presentations and the supply of such information and documents;
c) Comply with the complained decision or act issued/committed by the head of the civil judgment-enforcing agency, the enforcer, the head of the civil judgment-enforcing office or the bailiff during the complaint period, except for cases of suspension of the implementation of the complained decision or act, or suspension of enforcement of the judgment as prescribed in point b, clause 1, Article 101 of this Law;
d) Strictly abide by the effective complaint resolution decision and the decisions issued by the Minister of Justice of Vietnam and the Minister of National Defense of Vietnam specified at clause 3 and clause 6, Article 98 of this Law.
Article 100. Rights and obligations of the complained persons
1. A complained person has the following rights:
a) Get access to proofs serving as grounds for resolution of the complaint, except for information and documents included in the list of state secrets; show proofs of the legality of the complained decision/act and give his/her opinions on such proofs;
b) Receive the complaint acceptance document, the notification of suspension/termination, and decision on resolution of the complaint;
2. The complained person has the following obligations:
a) Explain the complained decision or act, supply relevant information and documents when requested by the person having the jurisdiction to resolve complaints;
b) Strictly abide by the effective complaint resolution decision and the decisions issued by the Minister of Justice of Vietnam and the Minister of National Defense of Vietnam specified at clause 3 and clause 6, Article 98 of this Law.
c) Pay compensations or indemnities and remedy consequences caused by his/her illegal decisions or acts according to the law.
Article 101. Rights and obligations of persons having the jurisdiction to resolve complaints
1. A person having the jurisdiction to resolve complaints has the following rights:
a) Request any complainant, complained person, person having related interests and obligations or another agency/organization/individual to supply information and documents related to each complaint;
b) Suspend enforcement of any complained decision or performance of any complained act or request a civil judgment-enforcing agency/office to suspend the judgment enforcement during the complaint resolution period in accordance with this Law, if he/she believes that the judgment enforcement will affect legitimate rights and interests of the litigant or the complaint resolution.
c) Cancel the suspension of the implementation of the complained decision or act, or the suspension of enforcement of the judgment as prescribed in point b of this clause;
d) Suspend or terminate the complaint resolution as per law.
2. A person having the jurisdiction to resolve complaints has the following obligations:
a) Receive and resolve complaints about the complained decisions or acts; provide evidence to serve as grounds for resolution of the complaints when requested by the complainant or the complained person;
b) Notify in writing of the acceptance for resolution and send the resolution decision to the complainant. The notification shall be given in accordance with regulations of point a, clause 3, Article 35 of this Law;
c) Be responsible to the law for his/her resolution of complaints.
Article 102. Time limit for resolution of complaint
1. Regarding a decision or act specified at point a, clause 2, Article 96 of this Law, the time limit for resolution of the initial complaint is 15 days and the time limit for resolution of the second complaint is 30 days from the date of acceptance of the complaint.
2. Regarding a decision or act specified at point b, clause 2, Article 96 of this Law, the time limit for resolution of complaint is 05 working days from the date of acceptance of the complaint.
3. Regarding a decision or act specified at point c, clause 2, Article 96 of this Law, the time limit for resolution of the initial complaint is 30 days and the time limit for resolution of the second complaint is 45 days from the date of acceptance of the complaint.
Regarding a complicated case, the time limit for resolution of the complaint may be extended up to 30 days from the expiration of the original time limit.
4. In case of a deep-lying and remote area which is difficult to access or a complicated case, the time limit for resolution of the complaint may be extended up to 30 days from the expiration of the original time limit.
A complainant may lodge his/her complaint in any of the following forms:
1. A written complainant may be submitted in person, sent by post, or sent online to a competent complaint-resolving agency.
The written complaint must clearly state the date; full name, address and ID number of the complainant; full name and address of the complained person; complaint contents and reasons for the complaint and complaint resolution request. The written complaint must bear the signature or fingerprints of the complainant, or be verified via electronic identification;
2. The complainant may be presented in person at the competent complaint-resolving agency; The person responsible for receiving the complaint shall direct the complainant to write down his/her complaint or record complaint contents according to clause 1 of this Article, and these documents shall bear the signature or fingerprints of the complainant;
3. The complainant may lodge his/her complaint through his/her representative. The representative shall have documents proving the legality of the representation and the complaint shall be lodged according to procedures specified in clauses 1 and 2 of this Article.
Article 104. Acceptance of written complaints
Within 05 working days from the date of receipt of the initial complaint or 10 days from the date of receipt of the second complaint within the jurisdiction, if the complaint does not fall within the cases prescribed in Article 97 of this Law, the person having the jurisdiction to resolve complaints must accept it for resolution and notify the complainant in writing. In case where the person does not accept the complaint for settlement, he/she must notify and clearly state the reasons.
Article 105. Procedures for resolving initial complaints
1. After accepting a written complaint, the person having the jurisdiction to resolve complaints shall conduct verification and request the complained person to provide explanation, and when necessary, may request external assessment or organize dialogues to clarify the complaint, the complainant’s request and resolution direction.
The person having the jurisdiction to resolve complaints shall issue a decision to resolve the complaint within his/her jurisdiction.
2. The person having the jurisdiction to resolve complaints shall issue notification of suspension of resolution of the complaint in the following cases:
a) Due to an emergency situation, objective obstacles, or force majeure event, the complainant or the complained person is unable to continue participating in the complaint resolution process, and their absence affects the resolution of the complaint;
b) It is necessary to await the resolution result from another competent agency/organization/individual regarding issues directly related to the complaint.
3. The person having the jurisdiction to resolve complaints shall issue notification of termination of resolution of the complaint in the following cases:
a) The complainant revokes his/her complaint;
b) The individual complainant dies, and the rights and interests related to the complaint are not inheritable; the organizational complainant is dissolved, declared bankrupt, or has terminated its operations;
c) The complaint cannot be resolved due to lack of investigative leads.
d) The complaint has been resolved according to procedures for settlement of denunciations.
4. When the grounds for suspension no longer exist, the complaint-resolving person shall continue to resolve the complaint and notify the involved parties; the suspension period shall not be included in the time limit for resolution of the complaint.
5. The initial complaint resolution decision issued by the head of the civil judgment-enforcing agency or office shall take legal effect from the date on which the time limit prescribed in clause 3, Article 96 of this Law expires and the complainant does not lodge the second complaint.
Regarding a decision on or act of application of security measure, the initial complaint resolution decision issued by the head of the civil judgment-enforcing agency shall immediately take effect.
Article 106. Procedures for resolving second-time complaints
1. In case of continuation in complaint, the complainant shall lodge a written complaint and submit it enclosed with a copy of the initial complaint resolution decision and relevant documents to the person having the jurisdiction to resolve the second complaint.
2. In the course of the second complaint resolution, the person having the jurisdiction to resolve complaints have the rights provided for in Article 101 of this Law and may request the initial complaint-resolving person, relevant agencies, organizations and individuals to supply information, documents and proofs related to the complaint; summons the complained person and the complainant for organization of dialogues when necessary; verify complaint contents; request external assessment, and take other measures provided for by law to resolve the complaint. When receiving the request, relevant agencies, organizations and individuals shall satisfactorily respond to the request.
The person having the jurisdiction to resolve the second complaint shall issue a complaint resolution decision.
3. The complaint resolution suspension/termination shall comply with regulations in Article 105 of this Law.
Article 107. Complaint resolution decision
1. A complaint resolution decision must include the following contents:
a) Date of issuance of the decision;
b) Full name and address of the complainant/complained person;
c) Complained matters;
d) Result of the verification of the complained matters;
dd) Legal grounds for resolution of the complaint;
e) Conclusions on correct, partially correct or wholly wrongful complaint contents;
g) Maintenance, amendment, annulment or request for partial amendment or annulment of the complained decision or act, or forcible termination of the enforcement or performance of the complained decision or act;
h) Guidance on the litigant’s right to lodge the second complaint;
i) Legal effect of the complaint resolution decision.
2. A decision to resolve the second complaint must include the following contents:
a) Contents specified in points a, b, c, d, dd, g and i clause 1 of this Article;
b) Conclusion on complaint details and resolution by the person having jurisdiction to resolve the initial complaint.
Section 2. DENUNCIATIONS OF ENFORCEMENT OF CIVIL JUDGMENTS AND SETTLEMENT THEREOF
Article 108. Rights and obligations of denouncers
1. Individuals are entitled to issue denunciations to competent agencies, organizations or individuals of illegal acts committed by heads of civil judgment-enforcing agencies/offices, bailiffs, enforcers and other civil servants engaged in enforcement of civil judgments if such acts cause damage or threaten to cause damage to the State interests, legitimate rights and interests of citizens, agencies and organizations.
2. A denouncer has the following the rights:
a) Submit a written denunciation in person, by post or online or present the denunciation in person to a competent authority/organization/individual;
b) Make a request to keep his/her full name, address, and handwriting confidential;
c) Send a request to be notified of acceptance or non-acceptance of a denunciation, transfer of the denunciation to a competent authority/organization/individual for settlement; suspension or termination of settlement of the denunciation, continuation in settlement of the denunciation and result of settlement of the denunciation;
d) Request the competent authority/organization/individual to apply protective measures when threatened, harassed, or retaliated against; receive commendation and compensation for damages as prescribed by law;
dd) Fully or partially revoke his/her denunciation before the denunciation-settling person concludes the denunciation. The denunciation shall be revoked through a written request for revocation of the denunciation or a record specifying the denouncer’s opinion on the revocation when he/she works with the denunciation-settling person or the person verifying the denunciation;
e) Issue a further denunciation when there are grounds to believe that the settlement of the denunciation by the competent authority/organization/individual is unlawful, or when the time limit for settlement has expired but the denunciation remains unsettled.
3. A denouncer has the following the obligations:
a) Truthfully present and provide documents related to the denunciation;
b) Clearly state his/her full name and address;
c) Be responsible to the law for untruthful denunciation;
d) Cooperate with the denunciation-settling person when requested;
d) Pay compensation for damage caused by his/her intentional untruthful denunciation.
Article 109. Rights and obligations of the denounced persons
1. A denounced person has the following the rights:
a) Be notified of a denunciation, suspension or termination of settlement of the denunciation, continuation in settlement of the denunciation and result of settlement of the denunciation;
b) Produce evidence to prove that the denunciation is untruthful;
c) Have his/her legitimate rights and interests, which have been infringed upon, restored; have his/her honor restored and receive compensation for any damage caused by the untruthful denunciation;
d) Request the competent authority/organization/individual to settle the untruthful denunciation;
dd) Receive the denunciation conclusion;
e) Have his/her legitimate rights and interests protected when a denunciation conclusion has not yet been issued by the denunciation-settling person;
g) Complain about a disciplinary decision, mandatory remedial measures, or other measures taken by the competent authority/organization/individual in accordance with the law.
2. A denounced person has the following the obligations:
a) Explain the denounced acts; provide relevant information and documents at the request of the competent authority/organization/individual; and be present as requested by the denunciation-settling person;
b) Strictly abide by the settlement decision issued by the competent authority/organization/individual;
c) Pay compensation and take remedial measures against his/her illegal acts in accordance with the law.
Article 110. Jurisdiction, time limit and procedures for settling denunciations
1. Denunciation of any illegal act committed by a person managed by an agency or organization shall be settled by the head of such agency or organization.
2. In case the denounced person is the head of provincial civil judgment-enforcing agency, the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam shall be responsible for settlement.
In case the denounced person is the head of civil judgment-enforcing office or a bailiff, the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice of Vietnam shall be responsible for settlement.
In case the denounced person is the head of military zone-level civil judgment-enforcing agency, the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense of Vietnam shall be responsible for settlement.
The time limit for settlement of the denunciation is 30 days from the date of acceptance. Regarding a complicated case, the time limit may be extended up to 60 days from the date of acceptance; regarding a extremely complicated case, the time limit must not exceed 90 days from the date of acceptance.
3. Denunciation of an illegal act showing sign of crime shall be settled under the Criminal Procedure Code.
4. Procedures for settling denunciations shall be followed in accordance with the law on denunciations.
Article 111. Responsibilities of persons having the jurisdiction to settle denunciations
1. Competent agencies, organizations and individuals shall, within their tasks and powers, receive and promptly and lawfully settle denunciations; strictly handle violators; apply necessary measures to prevent damage that may be caused; ensure that settlement decisions are strictly enforced, and be responsible to the law for their decisions.
2. Persons who have the jurisdiction to settle denunciations but fail to settle denunciations or settle denunciations irresponsibly or in contravention of law shall, depending on the nature and severity of their violations, be disciplined or face criminal prosecution. If any damage is caused, they shall pay compensations therefor in accordance with the law.
Section 3. PROTESTS AGAINST AND RECOMMENDATIONS ABOUT ENFORCEMENT OF CIVIL JUDGMENTS
Article 112. People’s Procuracy’s jurisdiction to lodge protest or offer recommendation
1. The jurisdiction of the People’s Procuracy to lodge protest or offer recommendation shall be exercised as follows:
a) The Regional People’s Procuracy has the jurisdiction to protest against or recommend decisions or acts issued/committed by the head of the provincial civil judgment-enforcing agency or the enforcer, and related to the judgment enforcement organized by the regional civil judgment-enforcing office; decisions or acts issued/committed by the head of the civil judgment-enforcing office, the bailiff, and relevant agencies, organizations or individuals within the region.
The provincial People’s Procuracy has the jurisdiction to protest against or recommend decisions or acts issued/committed by the head of the provincial civil judgment-enforcing agency, the enforcer, the head of the civil judgment-enforcing office, the bailiff, and relevant agencies, organizations or individuals within the province.
The Supreme People’s Procuracy has the jurisdiction to protest against or recommend decisions or acts issued/committed by the head of the provincial civil judgment-enforcing agency, the enforcer, the head of the civil judgment-enforcing office, the bailiff, and relevant agencies, organizations or individuals nationwide;
b) The Central Military Procuracy or the military procuracy of military zone has the jurisdiction to protest against or recommend decisions or acts issued/committed by the head or the enforcer of the military zone-level civil judgment-enforcing agency.
2. The time limit for the Regional People’s Procuracy, the military procuracy of military zone or the provincial People’s Procuracy to lodge protest against a judgment enforcement decision/act is 15 days; for the Supreme People’s Procuracy or the Central Military Procuracy to lodge protest is 30 days from the date of receipt of the decision or detection of the illegal act.
If the judgment has been completely enforced, the time limit for lodging a protest is 01 year from the date on which the competent People’s Procuracy receives the notification of completion of the enforcement.
Article 113. Response to People’s Procuracy’s protest or recommendation
1. The head of the civil judgment-enforcing agency/office is responsible for responding to the People’s Procuracy’s protest against or recommendation about his/her own decisions or acts, or those issued/committed by civil servants, enforcers, or bailiffs under his/her management, within 15 days from the date of receipt of such protest or recommendation.
In case of acceptance of the People’s Procuracy’s protest or recommendation, within 05 working days from the date of receipt of the written response to such protest or recommendation, the head of the civil judgment-enforcing agency/office must implement the People’s Procuracy’s protest or recommendation.
2. In case of disagreement about the protest, the head of the civil judgment-enforcing agency/office shall request in writing the People’s Procuracy that has lodged the protest to review the protest. Within 10 days from the date of receipt of the written request, the People’s Procuracy shall provide a written response.
In case where the People’s Procuracy upholds its protest and the head of the civil judgment-enforcing agency/office still disagrees about such protest, the matter shall be settled as follows:
a) The head of provincial civil judgment-enforcing agency/office that has issued/committed the protested decision/act shall send a report to the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice and the Supreme People’s Procuracy.
The head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice shall consider providing a written response within 30 days from the date of receipt of the report. The written response from the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice shall take legal effect;
b) The head of military zone-level civil judgment-enforcing agency that has issued/committed the protested decision/act shall send a report to the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense and the Central Military Procuracy.
The head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense shall consider providing a written response within 30 days from the date of receipt of the report. The written response from the head of the civil judgment enforcement-managing agency affiliated to the Ministry of National Defense shall take legal effect;
3. If the written response to the protest as prescribed in clause 2 of this Article is found to be groundless, the Prosecutor General of the Supreme People’s Procuracy shall request the Minister of Justice to reconsider the legally effective written response provided by the head of the civil judgment enforcement-managing agency affiliated to the Ministry of Justice; or request the Minister of National Defense to reconsider the legally effective written response issued by the head of the judgment enforcement-managing agency affiliated to the Ministry of National Defense.
The Minister of Justice or the Minister of National Defense shall be responsible for consideration and provision of a written response for the Prosecutor General of the Supreme People’s Procuracy within 30 days from the date of receipt of request.
The written response from the Minister of Justice or the Minister of National Defense shall take legal effect;
4. In case of disagreement about or inability to implement the People’s Procuracy’s protest, the head of the civil judgment-enforcing agency/office must provide a written response for the People’s Procuracy that has lodged the protest and clearly state reasons.
Article 114. Amendments to some articles of relevant laws
1. Point dd, clause 1, Article 90 of the Criminal Procedure Code No. 101/2015/QH13 amended by Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, and Law No. 99/2025/QH15 shall be amended as follows:
“dd) Regarding exhibits transferred to competent presiding authorities for preservation, the People’s Public Security force, the People’s Army, and agencies assigned to conduct certain investigation activities shall be responsible for preserving such exhibits during the stages of investigation, prosecution, and adjudication.
After a judgment or decision takes legal effect, exhibits shall continue to be preserved and stored at their current locations; civil judgment-enforcing agencies shall follow procedures for inventorying, receiving, and sealing exhibits during the judgment enforcement stage and processing them in accordance with the law on civil judgment enforcement. In case where exhibits are being preserved in leased warehouses, civil judgment-enforcing agencies shall be responsible for paying warehouse rents from the time of receipt until the assets are destroyed, returned, or handed over to provincial financial agencies or commune-level People’s Committees for confiscation or are completely handled in accordance with the Law on Civil Judgment Enforcement.”.
2. The phrase “văn phòng thừa phát lại” (bailiff office) shall be replaced by the phrase “văn phòng thi hành án dân sự” (civil judgment-enforcing office) and the phrase “Thừa phát lại” (bailiff) shall be replaced by the phrase “Thừa hành viên” (bailiff) in clause 10, Article 104 and clause 4, Article 123 of the Law on Organization of People’s Courts No. 34/2024/QH15, amended by Law No. 81/2025/QH15; and in point h, clause 1, Article 9; point b, clause 3, Article 11; clause 6 and clause 8, Article 14 of the Law on Notarization No. 46/2024/QH15.
1. This Law takes effect from July 01, 2026, except for regulations in clause 2 of this Article.
2. Clauses 9 and 11, Article 3; Article 5; point g, clause 2, Article 11; point dd, clause 2, Article 12; clauses 8 and 9, Article 20; clauses 7 and 8, Article 21; and clause 8, Article 27 of this Law shall take effect from January 20, 2026.
3. The Resolution No. 107/2015/QH13 dated November 26, 2015, of the National Assembly on bailiff implementation; the Law on Enforcement of Civil Judgments No. 26/2008/QH12, amended by Law No. 64/2014/QH13, Law No. 23/2018/QH14, Law No. 67/2020/QH14, Law No. 03/2022/QH15, Law No. 31/2024/QH15, Law No. 43/2024/QH15, Law No. 59/2024/QH15, Law No. 81/2025/QH15, and Law No. 84/2025/QH15 (hereinafter referred to as “Law on Enforcement of Civil Judgments No. 26/2008/QH12), shall cease to be effective from the effective date of this Law, except for regulations in clause 1, Article 116 of this Law.
4. The Minister of Justice shall preside over and cooperate with the Chief Justice of the Supreme People’s Court, the Prosecutor General of the Supreme People’s Procuracy, and relevant Ministers and Heads of ministerial-level agencies, within their tasks and powers, in providing guidance on inter-sectoral cooperation in enforcement of civil judgments and other necessary contents of this Law.
Article 116. Transitional clauses
1. If a judgment is completely enforced before the effective date of this Law, but the litigant still lodges a complaint or denunciation, or the People’s Procuracy still has protest or recommendation, regulations of the Law on Enforcement of Civil Judgments No. 26/2008/QH12 shall apply.
2. If a judgment is completely enforced before the effective date of this Law, the time limit for the People’s Procuracy to lodge a protest shall comply with regulations of this Law.
3. If a judgment has not yet been enforced or has not been completely enforced before the effective date of this Law, regulations in this Law shall apply to continue to enforce the judgment, except for the case specified in clause 4 of this Article.
4. Agencies, organizations, or individuals that have followed procedures in accordance with the Law on Enforcement of Civil Judgments No. 26/2008/QH12 before the effective date of this Law are not required to re-follow such procedures according to this Law.
5. Bailiffs appointed before the effective date of this Law may continue their operations without being re-appointed, but must change their bailiff cards before July 01, 2027, in accordance with the Government’s regulations.
A bailiff office established before the effective date of this Law may continue its operations but it must follow procedures for changing its name into “civil judgment-enforcing office” before July 01, 2027, in accordance with the Government’s regulations.
In case bailiff offices or bailiffs organize enforcement of civil judgments in accordance with the law before the effective date of this Law, judgment enforcement organization results shall be recognized and the judgment enforcement is not required to be re-organized in accordance with regulations of this Law.
Civil judgment-enforcing offices and bailiffs shall continue to perform tasks of bailiff offices and bailiffs as per law.
6. Exhibits received by civil judgment-enforcing agencies before the effective date of this Law shall continue to be preserved and processed by such civil judgment-enforcing agencies in accordance with the law.
Regarding exhibits that have been received by provincial civil judgment-enforcing agencies and are being preserved in exhibit warehouses located outside their head offices’ premises, the Ministry of Justice, the Ministry of Public Security, and the Ministry of Finance shall cooperate in the transfer of such warehouses and the exhibits stored therein to the Ministry of Public Security for management before July 01, 2028.
The State shall facilitate investment in upgradation and construction of exhibit warehouse systems of the People’s Public Security force, the People’s Army, and agencies assigned to conduct certain investigation activities
This Law is ratified by the 15th National Assembly of Socialist Republic of Vietnam on December, 15 2025 during its 10th session.
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CHAIRMAN OF THE NATIONAL ASSEMBLY Tran Thanh Man |
