What measures to secure civil judgment enforcement in Vietnam are there? What are the measures to coerce civil judgment enforcement in Vietnam?
What measures to secure civil judgment enforcement in Vietnam are there?
Article 66 of the 2008 Law on Enforcement of Civil Judgments in Vietnam provides for measures to secure civil judgment enforcement as follows:
Measures to secure judgment enforcement
1. Enforcers may, at their own will or when requested in writing by involved parties, promptly apply measures to secure judgment enforcement in order to prevent dispersal or destruction of assets or shirking of judgment enforcement. When applying measures to secure judgment enforcement, enforcers are not required to notify such in advance to involved parties.
2. Parties who request enforcers to apply security measures shall be held responsible before law for their requests. In case they make a wrongful request, causing damage to parties subject to security measures or third parties, they shall pay compensations.
3. Measures to secure judgment enforcement include:
a/ Blockading accounts;
b/ Seizing assets and papers;
c/ Suspending registration, transfer or change in the current state of assets.
Thus, measures to secure judgment enforcement include:
- Blockading accounts;
- Seizing assets and papers;
- Suspending registration, transfer or change in the current state of assets.
What measures to secure civil judgment enforcement in Vietnam are there? What are the measures to coerce civil judgment enforcement in Vietnam? (Image from the Internet)
What are the measures to coerce civil judgment enforcement in Vietnam?
In Article 71 of the 2008 Law on Enforcement of Civil Judgments in Vietnam on measures to coerce civil judgment enforcement as follows:
Measures to coerce judgment enforcement
1. Deduction of money on accounts; recovery and handling of money and valuable papers of judgment debtors.
2. Subtraction of incomes of judgment debtors.
3. Distraint and handling of assets of judgment debtors, including also those held by third parties.
4. Exploitation of assets of judgment debtors.
5. Forcible transfer of objects, property rights and papers.
6. Forcible performance or non-performance of certain jobs by judgment debtors.
Thus, measures for coerce civil judgment enforcement include:
- Deduction of money on accounts; recovery and handling of money and valuable papers of judgment debtors.
- Subtraction of incomes of judgment debtors.
- Distraint and handling of assets of judgment debtors, including also those held by third parties.
- Exploitation of assets of judgment debtors.
- Forcible transfer of objects, property rights and papers.
- Forcible performance or non-performance of certain jobs by judgment debtors.
Who has the competence to apply security measures and forcible measures for civil judgment enforcement?
In Article 13 of Decree No. 62/2015/ND-CP as amended by Clause 8, Article 1 of Decree No. 33/2020/ND-CP stipulating the application of security measures and forcible measures for civil judgment enforcement as follows:
Application of security measures and forcible measures
1. Enforcers shall base themselves on judgments or decisions; judgment enforcement decisions; the nature, extent and obligations of judgment enforcement; conditions of judgment debtors; written request of the involved parties and the actual situation of the locality to choose the application of appropriate security measures or measures of coercive judgment enforcement.
Executors may apply security measures or measures to coerce judgment enforcement in case of executing decisions on application of provisional urgent measures as prescribed in Article 130 of the 2008 Law on Enforcement of Civil Judgments in Vietnam.
The application of measures to secure or coerce judgment enforcement must correspond to the obligations of the judgment debtor and the judgment enforcement expenses as prescribed by law, except where the only property of the judgment debtor is judgment enforcement is many times larger than the judgment enforcement obligation that the property cannot be divided or the division significantly reduces the value of the property; The security property has been declared to be handled by a judgment or decision for judgment enforcement or in the case specified in Clause 4, Article 24 of this Decree.
In case the involved parties or persons currently managing, using and preserving assets fail to comply with the enforcer's request, the enforcer shall, on a case-by-case basis, coercively organize the unlocking or unpacking; forced out of houses, construction works, assets attached to land or other necessary measures to check the current status, appraise prices, auction assets or deliver assets to other individuals or organizations for management in accordance with the law.
If, after applying coercive measures, the property is not delivered and preserved as prescribed in Article 58 of the 2008 Law on Enforcement of Civil Judgments in Vietnam, the head of the civil judgment enforcement agency shall make a written request for preservation. Commune-level People's Committees shall coordinate and assist in preservation while the property cannot be handled.
....
Thus, enforcers are persons competent to apply appropriate security measures and measures to enforce judgments based on contents of judgments or decisions; judgment enforcement decisions; the nature, extent and obligations of judgment enforcement; conditions of judgment debtors; written request of the litigant and local actual situation.
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