Vietnam: When the time limit for requesting a decision on execution of administrative judgments expires, does the court have the right to return the petition for judgment execution?
- How to determine the time limit for voluntary execution of administrative judgments in Vietnam?
- When the time limit for requesting a decision on execution of administrative judgments in Vietnam expires, does the court have the right to return the petition for judgment execution?
- What are the regulations on objective obstacles and force majeure events in administrative procedures?
How to determine the time limit for voluntary execution of administrative judgments in Vietnam?
Pursuant to Clause 2, Article 311 of the 2015 Law on Administrative Procedures in Vietnam stipulating as follows:
Execution of court judgments and decisions
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2. Time limit for voluntary judgment execution shall be determined as follows:
a/ The judgment debtor shall execute the court judgment or decision prescribed at Point e or g, Clause 1 of this Article upon receiving it;
b/ The judgment debtor shall execute the court judgment or decision prescribed at Point a, b, c, d or dd, Clause 1 of this Article within 30 days after receiving it.
The agency obliged to execute the court judgment or decision shall notify in writing the judgment execution result prescribed in this Clause to the court that has conducted the first- instance trial and the same-level civil judgment enforcement agency.
Thus, depending on each case, the time limit for voluntary execution of administrative judgments is to immediately execute the court's judgment or decision or within 30 days.
Vietnam: When the time limit for requesting a decision on execution of administrative judgments expires, does the court have the right to return the petition for judgment execution?
When the time limit for requesting a decision on execution of administrative judgments in Vietnam expires, does the court have the right to return the petition for judgment execution?
Pursuant to Clause 1, Article 312 of the 2015 Law on Administrative Procedures in Vietnam:
Request for, and decision compelling, execution of court judgments or decisions
1. Within 1 year after the expiration of the time limit prescribed at Point b, Clause 2, Article 311 of this Law, if the judgment debtor fails to voluntarily execute the court judgment or decision, the judgment creditor may file a written request enclosed with a copy of the judgment or decision and other relevant documents to the court that has conducted the first-instance trial for issuance of a decision compelling the execution of such judgment or decision.
If the judgment execution requester can prove that he/she/it cannot request the judgment execution within the prescribed time limit due to an objective obstacle or a force majeure event, the duration in which such obstacle or event exists will not be included in the time limit for making a judgment execution request.
At the same time, based on subsection 7 Section 5 of Official Dispatch No. 206/TANDTC-PC in 2022 stipulating as follows:
7. The judgment creditor sends a written request for judgment execution but the time limit for requesting a judgment execution decision expires as prescribed in Clause 1, Article 312 of the 2015 Law on Administrative Procedures in Vietnam. In this case, the Court has the right to return the petition for judgment execution or not?
Clause 1, Article 312 of the 2015 Law on Administrative Procedures in Vietnam: “Within 1 year after the expiration of the time limit prescribed at Point b, Clause 2, Article 311 of this Law, if the judgment debtor fails to voluntarily execute the court judgment or decision, the judgment creditor may file a written request enclosed with a copy of the judgment or decision and other relevant documents to the court that has conducted the first-instance trial for issuance of a decision compelling the execution of such judgment or decision.
If the judgment execution requester can prove that he/she/it cannot request the judgment execution within the prescribed time limit due to an objective obstacle or a force majeure event, the duration in which such obstacle or event exists will not be included in the time limit for making a judgment execution request”.
In case the judgment creditor sends a written request for judgment execution after 01 year, the court requires them to prove it due to objective obstacles (according to Clause 13, Article 3 of the 2015 Law on Administrative Procedures in Vietnam) or other events of force majeure (according to Clause 14, Article 3 of the 2015 Law on Administrative Procedures in Vietnam) resulted in the filing of a request for judgment execution later than the statutory deadline. If they can prove that the application for overdue judgment execution is due to objective obstacles or force majeure events, the time of objective obstacles or force majeure events shall not be included in the time limit for requesting judgment execution.
In case they cannot prove it due to objective obstacles or force majeure events, the Court shall return the petition.
Thus, in case an administrative judgment creditor submits a written request for judgment execution, but after 01 year from the expiration of the time limit specified at Point b, Clause 2, Article 311 of the 2015 Law on Administrative Procedures in Vietnam, the court shall require them to prove due to objective obstacles or force majeure events leading to the filing of a request for judgment execution later than the statutory time limit.
If they can prove that the application for overdue judgment execution is due to objective obstacles or force majeure events, the time of objective obstacles or force majeure events shall not be included in the time limit for requesting judgment execution.
In case they cannot prove it due to objective obstacles or force majeure events, the Court shall return the petition.
What are the regulations on objective obstacles and force majeure events in administrative procedures?
Pursuant to Clause 13, Article 3 of the 2015 Law on Administrative Procedures in Vietnam and Clause 14, Article 3 of the 2015 Law on Administrative Procedures in Vietnam stipulating that objective obstacles and force majeure events as follows:
Objective obstacles means obstacles caused by objective circumstances rendering persons with interests and obligations unable to know that their lawful rights and interests are infringed upon or to exercise their rights or perform their obligations.
Force majeure events means an event that occurs objectively and remains unforeseeable and irremediable despite every necessary measure having been taken within permitted capacity.
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