The time limit for providing information for the execution of civil judgments is within how many days?
Time Limit for Providing Information to Execute Civil Judgment Enforcement Within How Many Days?
The time limit for providing information stipulated in Article 6 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN is as follows:
- The time limit for providing information is no more than 03 working days from the date of receiving the request from the authorized person as specified in Article 4 of this Joint Circular.- In the case of enforcing a decision to apply temporary emergency measures by the Court, information must be provided immediately upon receiving the request.
The content and procedures 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 is carried out according to conformable in Clause 3, Article 1 of Decree 125/2013/ND-CP by the Government of Vietnam, amending and supplementing certain provisions of Decree 58/2009/ND-CP by the Government of Vietnam, detailing and guiding the implementation of certain provisions of the Law on Civil Judgment Enforcement concerning civil judgment enforcement procedures.
The request for information must be signed by the authorized person according to the provisions in Article 4 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN and must include the following details:
- Reason for requesting information (clearly stating the name, number, date of the judgment, decision, and enforcement decision);- Required information (specific type of information, name, address of the account holder, income to be provided);- Time limit for providing information (in accordance with the provisions of Article 6 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN);- Place of providing information;- Purpose of using the information;- Other relevant information.
For the party receiving the request for providing information:
Information must be provided in writing by the authorized person as specified in Article 5 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN. The written information must include the following details:
- Time of providing information;- Place of providing information;- Detailed content of the provided information;- Purpose of using the provided information;- Representative of the providing and receiving sides of the information;- Participants in the provision and receipt of information;- Witnesses (if any).
Time Limit for Providing Information to Execute Civil Judgment Enforcement
Responsibilities of the Party Receiving the Request to Provide Information for Civil Judgment Enforcement
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 provided information must be honest, accurate, and relevant to the subject. If unable to meet the request for information, the receiving party must issue a written notification stating the reason to the requesting party within 03 working days from the date of receiving the request;- Keep the provision of information and content confidential to prevent the disposal of assets and avoidance of judgment enforcement by the person required to perform the judgment and related organizations or individuals;- Store relevant documents related to the provision of information, including: written request for information, written information provided, and other related documents.
Responsibilities of the requesting party:
- Keep the provided information confidential and only use the information for the intended purpose;- Store related documents in the enforcement dossier in accordance with the law, including: written request for information, written information provided, and other related documents.
Which Entities Have the Authority to Request Information for Civil Judgment Enforcement?
Pursuant to Article 4 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN, the authorities to request information include:
The Head of the Civil Judgment Enforcement Agency and the executor have the right to request agencies, organizations managing the account of the person required to perform the judgment; agencies, organizations, employers, and Social Security where the person required to perform the judgment receives salary, wages, pensions, allowances, and other legal incomes to provide information about the account and income of the person required to perform the judgment for civil judgment enforcement.
Further, Article 5 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN stipulates the authority to provide information of the General Director, Director, legal representative, or authorized person of the agency, organization managing the account of the person required to perform the judgment; agencies, organizations, employers, and Social Security where the person required to perform the judgment receives salary, wages, pensions, allowances, and other legal incomes have the responsibility to consider and decide the provision of information in accordance with the law.
LawNet