What is the latest template for the decision to postpone civil judgment enforcement in Vietnam according to Circular 04/2023/TT-BTP?
When will the enforcement of civil judgments in Vietnam be postponed?
Based on the provisions of Clause 1, Article 48 of the Law on Enforcement of Civil Judgments 2008 Law on amendments to by Clause 21, Article 1 of the Law on amendments to Law on Enforcement of Civil Judgments 2014 as follows:
Postponement of judgment enforcement
1. The head of the civil judgment enforcement agency issues a decision to postpone the enforcement of a judgment in the following cases:
a) The person required to execute the judgment is seriously ill, with confirmation from a medical facility from the district level or higher; has lost or has restricted capacity for civil acts according to a court decision;
b) The address of the person required to execute the judgment has not been determined, or for other justified reasons, the person cannot fulfill their obligations according to the judgment or decision;
c) The parties agree to postpone the enforcement of the judgment; the agreement should be documented clearly stating the postponement period and signed by the parties; during the postponement period, the person required to execute the judgment does not have to pay late interest, unless otherwise agreed by the parties;
d) The property to be enforced has been settled by the court according to the provisions of Articles 74 and 75 of this Law; the property has been distrained according to Article 90 of this Law, but its value, after a price reduction, equals or is lower than the cost and obligations secured;
dd) The judgment enforcement is within the period in which a competent authority is interpreting the judgment, decision, and responding to petitions from the civil judgment enforcement agency according to point b, clause 2, Article 170, and clause 2, Article 179 of this Law;
e) The recipient of the property or the person being handed over the child for care has been duly notified twice about receiving the property or the person but has not come to receive them;
g) The transfer of rights and obligations to enforce the judgment according to Article 54 of this Law cannot be implemented due to force majeure or objective obstacles;
h) Distrained property cannot be sold, and the judgment creditor does not accept the property for judgment enforcement according to clause 3, Article 104 of this Law.
Therefore, the head of the civil judgment enforcement agency issues a decision to postpone the judgment enforcement in any one of the above-mentioned cases.
What is the latest template for the decision to postpone civil judgment enforcement in Vietnam according to Circular 04/2023/TT-BTP?
The latest template for the decision to postpone civil judgment enforcement in Vietnam according to Circular 04/2023/TT-BTP
Based on Circular 04/2023/TT-BTP guiding the administrative management procedures and professional forms in civil judgment enforcement.
The latest template for the decision to postpone judgment enforcement of the Civil Judgment Enforcement Department is Form A04-THADS in Appendix III issued together with Circular 04/2023/TT-BTP.
Download Form A04-THADS here.
In cases of postponing judgment enforcement according to points d, đ clause 1, Article 48 of the Law on Enforcement of Civil Judgments 2008 Law on amendments to by clause 21, Article 1 of the Law on amendments to Law on Enforcement of Civil Judgments 2014, the decision to postpone judgment enforcement is made according to Form A03-THADS in Appendix III issued together with Circular 04/2023/TT-BTP.
Download Form A03-THADS here.
The template for the decision to postpone judgment enforcement of the Civil Judgment Enforcement Department according to Circular 04/2023/TT-BTP is applied from October 1, 2023.
What is the time limit for postponing civil judgment enforcement at the request of a person with the authority to protest against the judgment in Vietnam?
Based on the provisions of clause 2, Article 48 of the Law on Enforcement of Civil Judgments 2008 as follows:
Postponement of judgment enforcement
...
2. The head of the civil judgment enforcement agency issues a decision to postpone the enforcement of a judgment upon receiving a request from a person with authority to protest at least 24 hours before the scheduled compulsory enforcement time stated in the enforcement decision. If the judgment enforcement agency receives the request less than 24 hours before the scheduled compulsory enforcement time stated in the decision, the head of the civil judgment enforcement agency has the discretion to decide to postpone the enforcement if deemed necessary.
If the case has been partially or fully executed, the civil judgment enforcement agency must immediately notify the requester of the postponement in writing.
A person with the authority to protest according to supervisory or retrial procedures against the court's judgment or decision may only request a postponement of the judgment enforcement once to consider the protest to avoid irreversible consequences.
The period for postponing the enforcement at the request of a person with the authority to protest the judgment or decision is not more than 3 months from the date of the written request for postponement; during the postponement period, the obligated person is not liable for late enforcement interest.
Thus, the time limit for postponing judgment enforcement at the request of a person with the authority to protest against the judgment or decision is not more than 3 months.
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