Latest form of minute of civil judgment enforcement agreement in Vietnam? How to implement a civil judgment enforcement agreement?
Latest form of minute of civil judgment enforcement agreement in Vietnam?
The form of minute on the civil judgment enforcement agreement in Vietnam is Form D37-THADS enclosed with Circular 01/2016/TT-BTP. Below is an image of the form of the minute of the civil judgment enforcement agreement:
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Latest form of minute of civil judgment enforcement agreement in Vietnam? How to implement a civil judgment enforcement agreement? (Image from the Internet)
How to implement a civil judgment enforcement agreement?
Pursuant to Article 5 of Decree 62/2015/ND-CP, a number of regulations are amended by Clause 3, Article 1 of Decree 33/2020/ND-CP providing for civil judgment enforcement agreement as follows:
- Where the litigants have reached an agreement before requesting enforcement or before the civil judgment enforcement authority issues a decision, the agreement must be made in writing and specifies the time, location and bear the parties’ signatures or confirmations. Litigants shall voluntarily implement the agreement.
- Where the judgment debtor fails to implement the agreement before expiration of the time limit for requesting enforcement, the judgment creditor is entitled to request enforcement of the unfulfilled obligations according to the judgment.
- In case the civil judgment enforcement agency has issued the judgment enforcement decision, the involved parties still have the right to reach agreement on their own. The agreement must clearly state the time, place, content of the agreement, the time limit for the performance of the agreement, and the legal consequences for the failure to perform or improperly perform the agreed content, with signatures or fingerprint of the parties involved.
- In case the parties do not voluntarily comply with the agreed contents, the civil judgment enforcement agency shall base themselves on the contents of the judgment enforcement decision and the executed results according to the agreement or request of the involved parties to organize the enforcement, except for the case specified at Point c, Clause 1, Article 50 of the 2008 Law on Enforcement of Civil Judgments of Vietnam.
- In case a civil judgment enforcement agency is organizing judgment enforcement and the involved parties agree not to request the civil judgment enforcement agency to execute part or the whole of the judgment enforcement decision, the head of the judgment enforcement agency shall civil judgment enforcement shall issue a decision to suspend judgment enforcement for the content of the agreement that does not require enforcement as prescribed at Point c, Clause 1, Article 50 of the 2008 Law on Enforcement of Civil Judgments of Vietnam;
Except where the agreement violates a prohibition of law, is contrary to social ethics, is not true to reality, affects the lawful rights and interests of a third party, or is intended to evade judgment enforcement fees.
- In case the above-mentioned agreement is made after the property has been sold or handed over to another person for judgment enforcement, the consent of the property buyer or the recipient of the property must be obtained for judgment enforcement.
- At the request of the involved parties, the enforcer shall witness and sign the written agreement in the case specified in Clauses 2 and 3, Article 5 of Decree 62/2015/ND-CP.
In case the agreement violates a prohibition of the law, is contrary to social ethics, is not true to reality, affects the lawful rights and interests of a third party, or aims to evade judgment enforcement fees, the enforcer shall has the right to refuse but must make a record and clearly state the reason.
- Those who request enforcers to witness the agreement outside the civil judgment enforcement agency's office and incur expenses, must pay reasonable expenses to the civil judgment enforcement agency.
In what case is a civil judgment enforcement decision revoked?
Pursuant to Clause 1, Article 37 of the 2008 Law on Enforcement of Civil Judgments of Vietnam:
Revocation, amendment, supplementation and cancellation of judgment enforcement decisions
1. Persons competent to issue judgment enforcement decisions shall issue decisions to revoke judgment enforcement decisions 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 subject to judgment enforcement;
c/ The ground for issuance of the judgment enforcement decision no longer exists;
d/ Cases specified in Clause 3, Article 54 of this Law.
2. Persons competent to issue judgment enforcement decisions and persons competent to settle complaints may issue decisions amending and supplementing or requesting amendments and supplementations to judgment enforcement decisions in case the latter contain errors which do not change the contents of cases subject to judgment enforcement.
3. Persons competent to issue judgment enforcement decisions and persons competent to settle complaints may issue decisions on cancellation or request cancellation of judgment enforcement decisions of heads of lower-level civil judgment enforcement agencies or enforcers directly under their 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 lower-level civil judgment enforcement agencies or enforcers under their direct management after being so requested;
b/ Judgment enforcement decisions are unlawful as concluded by competent agencies.
4. Decisions on revocation, amendment, supplementation or cancellation of judgment enforcement decisions must clearly state grounds for, contents and legal consequences of the revocation, amendment, supplementation or cancellation.
Thus, according to the above provisions, the decision on civil judgment enforcement shall be revoked in the following cases:
- The judgment enforcement decision has been issued ultra vires;
- The judgment enforcement decision contains errors which may change the contents of the case subject to judgment enforcement;
- The ground for issuance of the judgment enforcement decision no longer exists;
- Cases specified in Clause 3, Article 54 of the 2008 Law on Enforcement of Civil Judgments of Vietnam.
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