Are civil judgement debtors in the case of persons subject to exit suspension in Vietnam?

Are civil judgement debtors in the case of persons subject to exit suspension in Vietnam?

Pursuant to Clause 4, Article 36 of the Law on Exit and Entry of Vietnamese citizens 2019 provides for persons subject to exit suspension as follows:

1. Suspects and defendants; persons who are accused or filed for charge, later proved that they may have committed crimes thus must be prevented from escaping or destroying evidence as specified in Code of Criminal Procedure.

2. Persons subject to delayed imprisonment, persons suspended from imprisonment, persons on parole during probation period, persons subject to suspended sentence during probation period, persons executing community services during sentence enforcement period according to Law on Execution of Criminal Judgment.

3. Persons having obligations according to regulations and law on civil procedure if their obligations to government, agencies, organizations and individuals are proved to be involved in proceeding and their exit are proved to influence the proceeding, interests of government, legal rights and interests of agencies, organizations and individuals; persons subject to judgment execution.

4. Civil judgement debtors and legal representatives of agencies and organizations obliged to execute judgment and decisions according to regulations and law on execution of civil judgment if their exit is proved to influence interests of government, legal rights and interests of agencies, organizations and individuals; persons subject to judgment execution. 

5. Tax payers, legal representatives of enterprises subject to enforcement of implementation of administrative decision on tax administration, Vietnamese making exit to reside overseas and Vietnamese residing overseas that have not satisfied tax liabilities according to regulations and law on tax administration before making exit.

6. Persons subject to enforcement and representatives of organizations subject to enforcement of implementation of decision on administrative sanctions and to be prevented from escaping.

7. Persons subject to inspection and verification, proved to have committed particularly serious violations and to be prevented from escaping.

8. Persons contracted from dangerous and infectious diseases and to be prevented from spreading the diseases throughout community unless allowed by foreign parties for entry.

9. Persons whose exit is identified by competent authorities to influence national defense and security on a grounded basis.

Thus, according to current regulations in Vietnam, civil judgement debtors will be subject to exit suspension.

Can petitioners file a request for exit prohibition from civil judgement debtors in Vietnam?

According to Article 9 of Resolution 02/2020/NQ-HDTP stipulating prohibition of the obligors from leaving Vietnam specified in Article 128 of the Civil Procedure Code as follows:

1. The exit prohibition may apply if there are two grounds below:

a) The person banned from entry is the involved party who is being asked by another involved party to perform his/her obligations;

b) His/her exit affects the resolution of the case, the interests of the State, the legitimate rights and interests of other agencies, organizations and individuals or to secure the judgment enforcement.

For example: The Court is handling the case, Mr. A initiated a lawsuit asking Mr. B for compensation of ten billion dong, Mr. B has no representative, no property in Vietnam. Mr. B  has applied for exit procedures, so Mr. A asked the Court to apply urgent measure to temporarily ban Mr. B from exit.

2. For foreigners, the courts shall not apply emergency measure to temporarily ban from exit to obligees but apply measures to postpone exit, extend the suspension of exit or relieve the suspension of exit as prescribed in Article 28 and Article 29 of the Law on Entry and Exit , transit and residence of foreigners in Vietnam.

Accordingly, in this case, you can file with the Court to request the application of exit prohibition in Vietnam to prevent the exit of Mr. Hung, who is civil judgement debtor for the loan amount.

Best Regards!