Which Entities Have the Authority to Request Information for the Execution of Civil Judgments?
Which entities have the authority to request information to enforce civil judgments?
According to Article 4 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN on the authority to request the provision of information, the following entities are specified:
The head of the civil enforcement agency and the executors have the right to request agencies or organizations managing the bank accounts of the judgment debtor; agencies, organizations, employers, and Social Insurance where the judgment debtor receives wages, salaries, pensions, allowances, and other legal incomes to provide information about the accounts, income of the judgment debtor to execute the civil judgment.
Additionally, Article 5 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN regulates the authority of the General Director, Director, legal representative, or authorized person of the agencies or organizations managing the bank accounts of the judgment debtor; agencies, organizations, employers, and Social Insurance where the judgment debtor receives wages, salaries, pensions, allowances, and other lawful incomes to consider and decide the provision of information in accordance with the law.
Which entities have the authority to request information to enforce civil judgments? (Image from the Internet)
What is the deadline for providing information to enforce civil judgments?
The deadline for providing information is stipulated in Article 6 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN as follows:
- The deadline for providing information is no more than 03 working days from the date of receipt of the request from the authorized person as regulated in Article 4 of this Joint Circular.
- In the case of enforcing a court's decision to apply provisional urgent measures, the information must be provided immediately after receiving the request.
The content and procedure for providing information are specified in Article 7 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN as follows:
For the requesting party:
The procedure for requesting information must conform to clause 3 Article 1 of Decree 125/2013/ND-CP of the Government of Vietnam amending and supplementing a number of articles of Decree 58/2009/ND-CP of the Government of Vietnam providing detailed regulations and guidelines for the implementation of certain articles of the Law on Civil Judgment Execution on civil judgment execution procedures.
The request document for providing information signed by the authorized person as regulated in Article 4 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN must include the following contents:
+ The reason for requesting information (clearly stating the name, number, date of the judgment, decision, execution decision);
+ Specific information required (detail the type of information, name, address of the person with the account, income to be provided);
+ Deadline for providing information (according to the regulations in Article 6 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN);
+ Location for providing information;
+ Purpose of using the information;
+ Other relevant information.
For the receiving party:
The provision of information must be done in writing by the authorized person as regulated in Article 5 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN. The document provided must include the following details:
+ Time of providing information;
+ Location for providing information;
+ Detailed content of the information provided;
+ Purpose of using the provided information;
+ Representatives of the providing and receiving parties;
+ Participants in providing and receiving information;
+ Witnesses (if any).
What are the responsibilities of the party receiving requests to provide information for civil judgment execution?
The responsibilities of the parties are stipulated in Article 8 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN.
Responsibilities of the party receiving the request to provide information:
+ The information provided must ensure truthfulness, accuracy, and pertain to the correct subject. If unable to meet the information request, the receiving party must issue a written notice specifying the reason to the requesting party within 03 working days from the date of receiving the request;
+ Secure the confidentiality of the provided information to prevent any acts of asset dissipation, evasion of judgment execution by the judgment debtor and related organizations or individuals;
+ Retain files related to the provision of information, including: request document, provided information document, and other related documents.
Responsibilities of the requesting party:
+ Maintain the confidentiality of the provided information and use the information and documents solely for the intended purpose;
+ Retain documents related to the provision of information in the civil judgment execution files conformable with the law, including: request document, provided information document, and other related documents.
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