What are the regulations on the statute of limitations for requesting enforcement of a judgment in Vietnam? What contents must be included in the civil judgment enforcement request application?
What are the regulations on the statute of limitations for requesting enforcement of a judgment in Vietnam?
Based on the provisions of Article 30 of the Law on Civil Judgment Enforcement 2008, the statute of limitations for requesting judgment enforcement is as follows:
- Within a period of 05 years from the effective date of the judgment or decision, the person who won the case and the person who lost the case have the right to request the competent civil judgment enforcement agency to issue a decision for judgment enforcement.
In cases where the performance period of the obligation is specified in the judgment or decision, the 05-year period shall be counted from the due date of the obligation.
For judgments or decisions executed periodically, the 05-year period applies to each period, counted from the due date of the obligation for that period.
- For cases of postponement or temporary suspension of judgment enforcement as prescribed by this Law, the period of postponement or temporary suspension shall not be included in the statute of limitations for requesting judgment enforcement, except where the person who won the case agrees to allow the person who lost the case to postpone judgment enforcement.
- If the requester for judgment enforcement can prove that objective obstacles or force majeure events prevented them from requesting judgment enforcement within the stipulated period, the period affected by such obstacles or events shall not be included in the statute of limitations for requesting judgment enforcement.
What are the regulations on the statute of limitations for requesting enforcement of a judgment in Vietnam? What contents must be included in the civil judgment enforcement request application?
What contents must be included in the civil judgment enforcement request application in Vietnam?
Based on the provisions of Article 31 of the Law on Civil Judgment Enforcement 2008 (as amended by Clause 13 Article 1 of the Law on Amendments to the Law on Civil Judgment Enforcement 2014), the required contents in the judgment enforcement request application are as follows:
Acceptance, rejection of requests for judgment enforcement
1. The involved parties can personally or authorize others to request judgment enforcement through direct submission of an application, oral presentation, or mail. The requester must submit the judgment, decision, and related documents.
The date of the request for judgment enforcement shall be counted from the day the requester submits the application, presents directly, or the date of the postmark at the sending location.
2. The application must include the following contents:
a) Name and address of the requester;
b) Name of the civil judgment enforcement agency being requested;
c) Name and address of the winning party and the losing party;
d) Content of the judgment enforcement request;
dd) Information about the assets and conditions for judgment enforcement of the losing party, if available;
e) Date of making the application;
g) Signature or fingerprint of the applicant; in case of a legal entity, the legal representative’s signature and the seal of the legal entity, if available.
3. If the requester presents directly by oral statement, the civil judgment enforcement agency must record a minute containing contents stipulated in Clause 2 of this Article, signed by the recorder; this minute has the same value as a written application.
4. Upon receiving a judgment enforcement request, the civil judgment enforcement agency must check the content of the request and attached documents, enter the request into the request receipt book, and notify the requester in writing.
5. The civil judgment enforcement agency shall reject the judgment enforcement request and notify the requester in writing within 05 working days from the receipt of the request in the following cases:
a) The requester does not have the right to request judgment enforcement or the request content is unrelated to the judgment content; the judgment does not trigger rights or obligations for the involved parties as stipulated by this Law;
b) The requested civil judgment enforcement agency does not have the authority to enforce the judgment;
c) The statute of limitations for requesting judgment enforcement has expired.”
According to the above regulations, the contents that must be included in the judgment enforcement request application include:
- Name and address of the requester;
- Name of the civil judgment enforcement agency being requested;
- Name and address of the winning party and the losing party;
- Content of the judgment enforcement request;
- Information about the assets and conditions for judgment enforcement of the losing party, if available;
- Date of making the application;
- Signature or fingerprint of the applicant; in the case of a legal entity, the legal representative’s signature and the seal of the legal entity, if available.
Which agency has the authority to enforce judgments in Vietnam?
Based on the provisions of Article 35 of the Law on Civil Judgment Enforcement 2008 (as amended by Clause 14 Article 1 of the Law on Amendments to the Law on Civil Judgment Enforcement 2014), the authority to enforce judgments is regulated as follows:
The district-level civil judgment enforcement agency has the authority to enforce the following judgments and decisions:
- First-instance judgments and decisions of the people’s courts of districts, district-level towns, provincial cities, and equivalents where the civil judgment enforcement agency is headquartered;
- Appellate judgments and decisions of the provincial people’s courts for first-instance judgments and decisions of the people’s courts of districts, district-level towns, provincial cities, and equivalents where the district-level civil judgment enforcement agency is headquartered;
- Supervisory and retrial decisions of the high people’s courts for legally effective judgments and decisions of the people’s courts of districts, district-level towns, provincial cities, and equivalents where the civil judgment enforcement agency is headquartered;
- Judgments and decisions delegated by other district-level civil judgment enforcement agencies, provincial civil judgment enforcement agencies, or military zone judgment enforcement agencies.
The provincial-level civil judgment enforcement agency has the authority to enforce the following judgments and decisions:
- First-instance judgments and decisions of the provincial people's courts within the same locality;
- Judgments and decisions of the high people's courts;
- Decisions transferred by the Supreme People’s Court to the provincial civil judgment enforcement agency;
- Foreign judgments and decisions, foreign arbitral awards recognized and enforceable in Vietnam by the courts;
- Awards and decisions of commercial arbitration;
- Decisions on handling competition cases of the Competition Handling Council;
- Judgments and decisions delegated by other civil judgment enforcement agencies or military zone judgment enforcement agencies;
- Judgments and decisions under the jurisdiction of district-level civil judgment enforcement agencies stipulated in Clause 1, Article 35 of the Law on Civil Judgment Enforcement 2008, but necessary to be taken over for enforcement;
- Judgments and decisions specified in Clause 1 of this Article, involving parties or assets abroad, or requiring judicial delegation for judgment enforcement.
The military zone judgment enforcement agency has the authority to enforce the following judgments and decisions:
- Decisions on fines, confiscation of assets, recovery of illicitly gained money and assets, handling of exhibits, assets, court fees, and civil decisions in criminal judgments of the military zone and equivalent military courts in the locality;
- Decisions on fines, confiscation of assets, recovery of illicitly gained money and assets, handling of exhibits, assets, court fees, and civil decisions in criminal judgments of the regional military courts in the locality;
- Decisions on fines, confiscation of assets, handling of exhibits, assets, recovery of illicitly gained money and assets, court fees, and civil decisions in criminal judgments transferred by the Supreme Military Court to the military zone judgment enforcement agency;
- Civil decisions transferred by the Supreme People’s Court to the military zone judgment enforcement agency;
- Judgments and decisions delegated by provincial civil judgment enforcement agencies, district-level civil judgment enforcement agencies, or other military zone judgment enforcement agencies.
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