The legal regulations on the enforcement of joint liability, the seizure of assets, and the resolution of complaints regarding the enforcement of civil judgments in Vietnam
The decision of the court requires the defendants to jointly compensate M as follows: defendant A must compensate 825,000,000 VND; defendant B must compensate 675,000,000 VND; defendant C must compensate 250,000,000 VND; defendant D must compensate 6,000,000 VND, and I must compensate 60,000,000 VND. I have fulfilled my obligations in enforcing the judgment and have been granted special treatment under the Special Treatment Law in 2013. However, the Civil Enforcement Officer of H province has not yet implemented the seizure order. I have filed a complaint to the Civil Enforcement Officer regarding the failure to seize the assets. However, to date, the Civil Enforcement Officer of H province has not issued a decision to resolve the complaint, and the Enforcement Officer has not made a decision to execute the seizure. I would like to know the legal regulations on the enforcement of joint liability, the seizure of assets, and the resolution of complaints regarding the enforcement of civil judgments.
The legal regulations on the enforcement of joint liability, the seizure of assets, and the resolution of complaints regarding the enforcement of civil judgments in Vietnam - image from internet
1.Regarding the enforcement of the judgment:
According to the provisions of Clause 2 Article 6, Clause 3 Article 7 of Decree 62/2015/ND-CP dated July 18, 2015, detailed regulations and guidelines for the implementation of certain provisions of the Law on Civil Execution in 2008 and Clause 2 Article 1 and Article 11 of Joint Circular 11/2016/BTP-TANDTC-VKSNDTC on some issues on civil execution procedures and inter-agency coordination in civil execution, the enforcement of judgments regarding joint liability is regulated as follows:
1. In cases where the court's judgment or decision declares joint liability but does not specify or clearly determine the obligation of each person, during the process of organizing the enforcement of the judgment, the civil enforcement agency has the right to require one or several eligible persons among those who are obligated to enforce the judgment to fulfill the entire joint liability obligation.
2. The person who has fulfilled the obligation of enforcement on behalf of others has the right to request the other persons with joint liability to reimburse the obligation that they have fulfilled on their behalf, according to the provisions of civil law.
3. In cases where the person subject to enforcement has a written agreement consenting to exempt one or several persons among those who are obligated to enforce the joint liability from fulfilling their obligations, then the obligation that does not require enforcement will be suspended according to the regulations.
Therefore, according to the above regulations, in cases where other persons obligated to enforce the judgment have not fulfilled their enforcement obligations, the Enforcement Officer has the right to require one or several eligible persons among those obligated to enforce the judgment to fulfill the entire joint liability obligation. Based on the information provided, you are eligible to enforce the judgment, so the Enforcement Officer has the right to handle the seized assets to ensure the enforcement of the judgment. At the same time, you have the right to request other persons with joint liability to reimburse the obligation that you have fulfilled on their behalf, according to the provisions of civil law (Article 289 of the Civil Code in 2005). In your case, the enforcement of the judgment has not been completed, so there is no basis for the Enforcement Officer to release the seizure according to Article 105 of the Law on Civil Execution in 2008. The law provides the following provisions regarding the release of seized assets:
"1. The release of seized assets shall be carried out in the following cases:
a) The parties reach an agreement on the release of the seized assets without affecting the legal rights and interests of third parties.
b) The parties have fulfilled the enforcement obligation and the costs of enforcement according to the provisions of this law.
c) There is a decision by the competent authority to cancel the decision to seize the assets.
d) There is a decision to suspend the enforcement according to the provisions of Article 50 of this law.
2. The Enforcement Officer shall issue a decision to release the seized assets and return them to the person obligated to enforce the judgment within a period of 5 working days, counting from the date with the basis as prescribed in this provision."
2. Regarding the resolution of complaints:
In the case you asked us, as we are not clear when you submitted the complaint, we will answer as follows:
Based on the information you provided, you have submitted a complaint to the Civil Enforcement Officer regarding the failure to release the seized assets to the Civil Enforcement Agency of H province.
According to Point a, Clause 2, Article 142 of the Law on Civil Execution in 2008, the head of the provincial civil enforcement agency is responsible for resolving complaints regarding decisions and acts contrary to the law by the Enforcement Officer under the management of the provincial civil enforcement agency.
According to Clause 4, Article 146 of the Law on Civil Execution in 2008, the time limit for resolving complaints regarding decisions and acts prescribed in point d, Clause 2, Article 140 of this law (decisions and acts after applying coercive measures) is 15 days from the date of receiving the complaint. Therefore, you need to contact the Civil Enforcement Agency of H province to resolve your complaint according to the above regulations.
Best regards!
