Can civil judgment debtors authorize another person to request judgment enforcement in Vietnam?

Can civil judgment debtors authorize another person to request judgment enforcement in Vietnam?

Pursuant to Clause 5, Article 1 of the 2014 Amended Civil Judgment Execution Law stipulates rights and obligations of judgment debtors as follows:

1. A judgment debtor has the following rights:

a/ To voluntarily execute judgments; reach agreement with the judgment creditor or those with related rights and obligations on the time, place, method and contents of judgment enforcement; to voluntarily hand over his/her assets for judgment enforcement;

b/ To directly request or authorize another person to request judgment enforcement in accordance with this Law;

c/ To be notified of judgment enforcement;

d/ To request the court to determine and divide the asset ownership or use right; to request the court to explain unclear points, correct spelling mistakes or inaccurate and insufficient data; to initiate civil lawsuits to protect his/her lawful rights and interests if there is a dispute over assets related to judgment enforcement;

dd/ To transfer the judgment enforcement obligation to another person in accordance with this Law;

e/ To request change of the enforcer if having a ground to believe that the enforcer is not impartial while performing his/her duty;

g/ To be considered for exemption from, or reduction of, judgment enforcement obligation; to be considered for partial or whole exemption from, or reduction of, expenses for coercive judgment enforcement in accordance with this Law;

h/ To lodge complaints and denunciations about judgment enforcement.

2. A judgment debtor has the following obligations:

a/ To adequately and promptly execute judgments and decisions;

b/ To truthfully declare assets and judgment execution conditions; to adequately provide documents and papers related to his/her assets upon receiving competent persons’ requests and be held responsible before law for his/her declared contents;

c/ To implement the enforcer’s decisions and requirements on judgment enforcement; to notify civil judgment enforcement agencies of any change in his/her address or place of residence;

d/ To pay expenses for judgment enforcement in accordance with this Law.

Thus, civil judgment debtors can completely authorize others to request civil judgment enforcement according to regulations in Vietnam.

Contents of written request for judgment enforcement in Vietnam

Contents of written request for judgment enforcement in Vietnam are specified in Clause 13, Article 1 of the 2014 Amended Civil Judgment Execution Law as follows:

1. An involved party may directly request or authorize another person to request judgment enforcement by filing a written request, making an oral request or sending a written request by post. The judgment enforcement requester shall submit relevant judgments, decisions or documents.

The date of sending a written request for judgment enforcement is the date when the judgment enforcement requester files the written request or makes an oral request or the date when the postmark is affixed by the sending post office.

2. A written request for judgment enforcement must have the following contents:

a/ Full name and address of the requester;

b/ Name of the civil judgment enforcement agency requested to enforce the judgment;

c/ Full names and addresses of the judgment creditor and judgment debtor;

d/ Contents of the judgment requested to be enforced;

dd/ Information on assets and judgment execution conditions of the judgment debtor, if any;

e/ Date of making the request;

f/ The signature or fingerprint of the requester. For a legal entity, its written request must bear the signature of its lawful representative and its seal, if any.

3. In case the judgment enforcement requester makes his/her request orally, the civil judgment enforcement agency shall make a written record to record the contents specified in Clause 2 of this Article. This written record which must bear the signature of the record maker is valid as a written request for judgment enforcement.

4. Upon receiving a written request for judgment enforcement, the civil judgment enforcement agency shall check the contents of the written request and enclosed documents, record it in the judgment enforcement request book and notify such in writing to the requester.

5. In the following cases civil judgment enforcement agencies may reject a written request for judgment enforcement and shall, within 5 working days after receiving the request, notify such in writing to the requester:

a/ The requester has no right to request judgment enforcement or the contents of the written request for judgment enforcement are irrelevant to the contents of the judgment or decision concerned; no rights or obligations of involved parties arise in the course of enforcement of the judgment or decision concerned in accordance with this Law;

b/ The civil judgment enforcement agency requested to enforce the judgment is incompetent to do so;

c/ The statute of limitations for requesting judgment enforcement has expired.

Best Regards!