When can I withhold information to verify conditions for bailiff's civil judgment enforcement in Vietnam?

When can I withhold information to verify conditions for bailiff's civil judgment enforcement in Vietnam?

I am investigating the regulations on the operation of the bailiff according to the new document, let me ask that according to this new document, when can agencies, organizations and individuals withhold information to verify conditions for bailiff's civil judgment enforcement in Vietnam? Please advise.

Answer: Pursuant to Article 46 of Decree 08/2020/ND-CP stipulating that agencies, organizations and individuals have the right to withhold information to verify the bailiff's civil judgment enforcement conditions in the following case:

1. Agencies, organizations, and individuals have the right to withhold information when:

a) The case is not within the bailiff’s competence to verify;

b) Agencies, organizations, and individuals whose information is requested do not have obligations to enforce judgment under bailiff’s competence to verify;

c) Written request for information does not contain sufficient documents in accordance with Article 45 hereof;

d) Requested information, documents are considered classified information in accordance with relevant law provisions.

2. Agencies, organizations, and individuals that choose to withhold information must respond and state reason in writing.

What are contents of documents requesting information to verify conditions for civil judgment enforcement in Vietnam?

Please ask: What are contents of documents requesting information to verify conditions for civil judgment enforcement? Thanks for the support under the new regulations. Thank you!

Answer: Pursuant to Clause 4, Article 45 of Decree 08/2020/ND-CP stipulating documents requesting information to verify conditions for civil judgment enforcement include the following contents:

4. In case of verification in form of documents, the documents requesting information must contain:

a) The basis for requesting information, including: Name of legally effective judgment, decision; Decision on verification, copies of written agreement on verification of conditions for judgment enforcement; Decision on judgment enforcement if the bailiff office organizes judgment enforcement;

b) Information on judgment debtors, including: Name and head office address of organization judgment debtors; full name and residence address of individual judgment debtors, and other necessary information;

c) Requested information within competence of bailiff according to this Decree;

d) Time and deadline for information provision;

dd) Other relevant information.

Documents requesting information and relevant documents shall be sent to agencies, organizations, and individuals to request information and People’s Procuracy of district where the bailiff office is based in. If verification takes place outside of province where the bailiff office is located, the bailiff must also send to People’s Procuracy of district where the verification occur.

What are procedures for verifying conditions for bailiff's civil judgment enforcement in Vietnam? 

May I ask what are procedures for verifying conditions for bailiff's civil judgment enforcement? Thank you!

Answer: Pursuant to Article 45 of Decree 08/2020/ND-CP, procedures for verifying conditions for judgment enforcement:

1. Within 3 working days from the date on which service agreement is signed, director of bailiff office must issue decision verifying conditions for judgment enforcement, unless otherwise agreed upon by the parties. Decision on verification must specify the basis, verification details, and be written in the log of verification of judgment enforcement conditions using form regulated by Minister of Justice.

Decision on verification must be sent to the People’s Procuracy of district where the bailiff office is located and civil judgment enforcement authority entitled to enforce judgment as per civil judgment enforcement laws.

2. Verification of conditions for judgment enforcement shall be carried out in person or via documents requesting agencies, organizations, and individuals to provide information.

3. In case of verification in person, bailiff shall present letter of introduction of bailiff office, bailiff card, and relevant documents according to Point a Clause 4 of this Article, present decision on verification or decision on judgment enforcement if the bailiff office organizes judgment enforcement, and record the verification process. The record must bear signature of the bailiff, information providers, and confirmation of agencies, organizations, and individuals that provide information. If provision of information cannot be carried out immediately, state the reason in the record. The record shall be made into 2 copies; each party shall keep 1 copy.

If necessary, bailiff has the right to invite specialized authorities or experts to help with verification details.

4. In case of verification in form of documents, the documents requesting information must contain:

a) The basis for requesting information, including: Name of legally effective judgment, decision; Decision on verification, copies of written agreement on verification of conditions for judgment enforcement; Decision on judgment enforcement if the bailiff office organizes judgment enforcement;

b) Information on judgment debtors, including: Name and head office address of organization judgment debtors; full name and residence address of individual judgment debtors, and other necessary information;

c) Requested information within competence of bailiff according to this Decree;

d) Time and deadline for information provision;

dd) Other relevant information.

Documents requesting information and relevant documents shall be sent to agencies, organizations, and individuals to request information and People’s Procuracy of district where the bailiff office is based in. If verification takes place outside of province where the bailiff office is located, the bailiff must also send to People’s Procuracy of district where the verification occur.

5. Other regulations in civil judgment enforcement also apply to verification of conditions for judgment enforcement of bailiff.

Best Regards!