What are violations of regulations in civil judgment enforcement and sanctions in Vietnam?

What are violations of regulations in civil judgment enforcement and sanctions in Vietnam?

Pursuant to Article 64 of Decree 82/2020/ND-CP stipulating the above content as follows:

1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for the act of receiving a notice or summons for the second time from a person with judgment enforcement but failing to go to the place stated in the notice or summons without good reason.

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following acts:

a) Failing to provide information or hand over documents related to property to be handled for judgment enforcement at the request of a person with judgment enforcement authority without a plausible reason;

b) Failing to notify civil judgment enforcement agencies when there is a change in address or place of residence;

c) Failing to declare or declaring incompletely or inaccurately assets, income, and conditions for judgment enforcement at the request of a person with judgment enforcement competence;

d) Having words or actions that insult or insult official duty enforcers in civil judgment enforcement;

d) Opposing, obstructing or inciting others to oppose or obstruct civil judgment enforcement activities;

e) Disturbing order at the place of judgment enforcement or engaging in other acts that obstruct civil judgment enforcement activities that are not serious enough to be examined for penal liability.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Failure to perform the required work according to the judgment or decision;

b) Failing to terminate the performance of work not permitted to do according to the judgment or decision;

c) Postponing the performance of the judgment enforcement obligation in cases where there are conditions for judgment enforcement;

d) Providing untruthful evidences to civil judgment enforcement agencies.

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Damaging property in order not to fulfill the judgment enforcement obligation or to evade the distraint;

b) Breaking the seal of the distrained property;

c) Failure to comply with the decision of the person competent to execute judgment on deduction from income;

d) Failing to comply with decisions of persons with judgment enforcement competence on temporary seizure of assets and papers related to judgment enforcement;

dd) Failing to comply with decisions of persons with judgment enforcement competence on suspension of registration, transfer of ownership or use rights, or change in the current state of assets;

e) Failing to comply with decisions of persons with judgment enforcement competence on the handover and return of assets and judgment enforcement papers;

g) Failing to provide information without a legitimate reason or providing incorrect or incomplete information on the account and income of the judgment debtor;

h) Abusing positions and powers to obstruct the provision of information on accounts and incomes of judgment debtors and the blockade and deduction for judgment enforcement; disclosing information or abusing information about accounts and incomes of judgment debtors for unauthorized use for other purposes.

5. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts:

a) Dispersing property to fail to fulfill the judgment enforcement obligation or to evade the distraint;

b) Illegally using, consuming, transferring, exchanging, hiding or changing the status of the distrained property without reaching the level of criminal prosecution;

c) Converting, transferring, gifting, mortgaging, pledging or engaging in other acts to transfer ownership and use rights of assets restricted from transactions as prescribed;

d) Destroying distrained property;

dd) Failing to comply with decisions of judgment debtors on collection of money and assets of judgment debtors being held by third parties;

e) Failing to implement the judgment enforcement decision on the application of provisional urgent measures or the immediately enforceable judgment or decision of the Court;

g) Disclosing information for judgment debtors to transfer or withdraw money from accounts, affecting the judgment enforcement process.

6. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts:

a) Failing to comply with decisions of judgment debtors on deducting accounts or seizing valuable papers of judgment debtors;

b) Failure to comply with decisions of judgment debtors on the collection of money from business activities of judgment debtors; on the collection of money held by judgment debtors;

c) Failure to comply with decisions of judgment debtors on distraint, use and exploitation of intellectual property rights under the judgment debtors' ownership.

7. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to comply with the judgment debtor's decision on freezing the accounts and assets of the judgment debtor.

8. Remedial measures:

a) Forcible restoration to the original state due to the commission of violations specified at Point a, Clause 4, and Points a and b, Clause 5 of this Article;

b) Forcible restoration to the original state in case of necessity as prescribed, for the violations specified at Point b, Clause 3 of this Article.

What are violations of regulations of the bailiff in civil judgment enforcement and sanctions in Vietnam? 

Pursuant to Article 65 of Decree 82/2020/ND-CP stipulating the above contents as follows:

1. A warning or a fine of between VND 500,000 and 1,000,000 shall be imposed for improperly notifying the involved parties and stakeholders about the time limit and form of decisions, papers and documents on civil judgment enforcement related to rights and obligations as prescribed.

2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following acts:

a) Failing to verify or verify judgment execution conditions within the prescribed time limit;

b) Verification of judgment execution conditions is incomplete with the contents to be verified or is not for the right subjects or at the wrong places as prescribed;

c) The record of verification of judgment execution conditions is not made in accordance with regulations;

d) Violation of regulations on confidentiality of information on verification of judgment execution conditions;

dd) Failing to notify decisions, papers and documents on civil judgment enforcement to involved parties and persons with related interests and obligations as prescribed.

3. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for one of the following acts:

a) Refusing to allow involved parties to negotiate prices or agree on selection of price appraisal organizations or asset auction organizations;

b) Sign a price appraisal contract with a price appraisal organization that does not have the function of price appraisal;

c) Failing to notify the involved parties of the price appraisal results before signing the asset auction contract;

d) Failing to comply with regulations on the request for re-appraisal of assets of the involved parties.

4. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following acts:

a) Payment of judgment enforcement money is not in the correct order or proportion is not in accordance with regulations;

b) Paying cash in contravention of regulations in case the judgment creditor is an enterprise, agency, organization or individual with a bank account;

c) Collecting judgment enforcement money but paying it to the fund in contravention of regulations;

d) Payment of judgment enforcement money to the wrong subjects; not on time as prescribed;

dd) Verify judgment execution conditions, organize judgment enforcement related to the rights and interests of themselves and those who are their relatives, including: spouses, biological children, adopted children, biological fathers , natural mother, adoptive father, adoptive mother, grandfather, paternal grandmother, grandfather, uncle, aunt, and brother, sister, brother of the bailiff, of the wife or husband of the bailiff again; Grandsons that are appendicitis are grandfathers, grandmothers, aunts, uncles.

5. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:

a) Collecting judgment enforcement money but not paying it to the fund in accordance with regulations but not to the extent of being examined for penal liability;

b) Using money for judgment enforcement in contravention of regulations.

6. Additional sanctioning forms:

a) Deprive the right to use the bailiff's card for between 06 and 09 months, for violations specified at Points c, d and dd, Clause 4 of this Article;

b) Deprive the right to use the bailiff's card from 09 months to 12 months, for violations specified in Clause 5 of this Article;

7. Remedial measures:

Forcible return of illegal profits obtained from committing violations specified in Clause 4 and Point b, Clause 5 of this Article.

Best Regards!