14/04/2023 08:51

Vietnam: Is it possible to postpone civil judgment execution while being ill?

Vietnam: Is it possible to postpone civil judgment execution while being ill?

Recently, I have just been sentenced to compensate my partner VND 100 million. However, I am suffering from a serious illness, so I need money for treatment. Can I ask for a postponement of civil judgment execution? “Quoc Huy-An Giang”

Hello Mr. Huy, LawNet would like to answer your question as follows:

  1. Cases of postponement of judgment enforcement

Pursuant to Clause 1 Article 48 of the Law on Enforcement of Civil Judgments 2008 of Vietnam, amended by Clause 21 Article 1 of the Law Amending and Supplementing a Number of Articles of Law on Enforcement of Civil Judgments in 2014, cases of postponement of judgment enforcement are specified as follows:

Article 48. Postponement of judgment enforcement

Heads of civil judgment enforcement agencies shall issue decisions to postpone judgment enforcement in the following cases:

a/ The judgment debtor falls seriously ill as certified by a medical establishment of district or higher level, or has entirely or partially lost his/her civil act capacity under a court decision;

b/ Judgment debtors’ addresses have not yet been identified, or judgment debtors cannot fulfill by themselves their obligations under the judgments or decisions for other plausible reasons;

c/ Involved parties agree to postpone the judgment enforcement. The agreement on postponement must be made in writing, clearly stating the postponement duration and bearing signatures of involved parties. In this duration, the judgment debtor shall bear no interest arising from the postponed judgment enforcement, unless otherwise agreed by involved parties.

d/ Assets for judgment enforcement are accepted by a court for handling under Articles 74 and 75 of this Law; the value of distrained assets defined in Article 90 of this Law is equal to or lower than enforcement expenses and secured obligations upon the reduction of their prices under regulation;

dd/ The judgment enforcement is in the period for competent agencies to explain judgments and decisions and respond to recommendations of civil judgment enforcement agencies under Point b, Clause 2, Article 170 and Clause 2, Article 179 of this Law.

e/ Asset recipients, persons assigned to nurture involved parties have been properly informed twice of the receipt of assets and to-be-nurtured persons but fail to show up to receive;

g/ The transfer of rights and obligations for judgment enforcement according to Article 54 of this Law has not been made due to force majeure circumstances or objective obstacles;

h/ Distrained assets cannot be sold and judgment creditors refuse to receive them for judgment execution under Clause 3, Article 104 of this Law.

Thus, in case you have a serious illness, in order to postpone the execution of your sentence, you need to have a certificate from a medical facility at the district level or higher about your illness.

  1. How long is the time limit for postponement of judgment enforcement?

According to Clause 2 Article 48 of the Law on Enforcement of Civil Judgments 2008 of Vietnam, as well as in practice, the maximum duration of judgment enforcement postponement requested by persons competent to protest against judgments or rulings is 3 months after the date of making written requests for judgment enforcement postponement. In this duration, judgment debtors may bear no interest arising from the postponed judgment enforcement.

  1. How are procedures for postponement of judgment enforcement?

Pursuant to Clauses 2, 3 and 4 Article 48 of the Law on Enforcement of Civil Judgments 2008 of Vietnam:

Article 48. Postponement of judgment enforcement

Heads of civil judgment enforcement agencies shall issue decisions on judgment enforcement postponement upon receiving requests of persons with protesting competence at least 24 hours before the time of coercive judgment enforcement set in coercion decisions. In case judgment enforcement agencies receive such requests less than 24 hours before the time of coercive enforcement set in decisions on coercive judgment enforcement, heads of civil judgment enforcement agencies may decide on judgment enforcement postponement when finding it necessary.

For judgments which have been partially or completely enforced, civil judgment enforcement agencies shall promptly notify such in writing to judgment enforcement postponement requesters.

Persons competent to protest against court judgments or rulings according to cassation or re­-opening procedures may request enforcement postponement only once for examination of their protests in order to avoid irremediable consequences.

The maximum duration of judgment enforcement postponement requested by persons competent to protest against judgments or rulings is 3 months after the date of making written requests for judgment enforcement postponement. In this duration, judgment debtors may bear no interest arising from the postponed judgment enforcement.

The time limit for issuing a judgment enforcement decision postponement is 5 working days after there emerges a ground as specified in Clause 1 of this Article. In the case specified in Clause 2 of this Article, a judgment enforcement decision postponement shall be promptly issued upon receipt of a competent person’s request.

Within 5 working days after the ground for judgment enforcement postponement specified in Clause 1 of this Article no longer exists or the expiration of the duration of judgment enforcement postponement requested by competent persons defined in Clause 2 of this Article or the receipt of notices of non-existence of grounds for protest from persons with the protesting competence, heads of civil judgment enforcement agencies shall issue decisions to continue judgment enforcement.

Accordingly, decisions on coercive judgment enforcement must be issued at least 24 hours before the time of coercive judgment enforcement set in coercion decisions upon receiving requests of persons with protesting competence. For judgments which have been partially or completely enforced, civil judgment enforcement agencies shall promptly notify such in writing to judgment enforcement postponement requesters.

For cases of postponing a civil judgment enforcement request without a protest from a competent person, within 5 working days from the date of having a ground to postpone judgment execution, a decision on postponement of judgment enforcement must be issued.

Regards!

Lê Thị Phương Ngân
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