Duration of Implementation of Security Measures for Monetary Amounts, Precious Metals, and Precious Stones

The time limit for implementing the security measures, which may include money, precious metals, gemstones, or valuable papers as stipulated in Clause 2, Article 136 of the Civil Procedure Code, shall be carried out as follows. Please refer to the new regulations.

According to Clause 2, Article 14 of Resolution 02/2020/NQ-HDTP (Effective from December 1, 2020), the timeline for implementing a security measure constitutes the amount of money, precious metals, gemstones, or valuable papers specified in Clause 2, Article 136 of the Civil Procedure Code, delineated as follows:

- For cases stipulated in Clause 1, Article 111 of the Civil Procedure Code, if during the period from the acceptance of the case until before the court hearing, the timeline for implementing the security measure is 02 working days from the time the Court issues a decision to enforce the security measure. In justified cases, this timeline can be extended, but in any event, it must be executed before the Court opens the hearing.

If during the court hearing, the implementation of the security measure begins from the moment the Trial Council issues a decision to enforce the security measure but must present evidence that the security measure has been executed before the Trial Council enters the deliberation room to deliberate.

In cases of receiving a request for the application of emergency provisional measures during the court hearing, the Trial Council considers, discusses, and resolves it in the courtroom. If the Trial Council accepts the party's request to apply emergency provisional measures that require the enforcement of a security measure, and the individual needs time to execute the security measure or cannot be present at the hearing, the Trial Council temporarily suspends the hearing for a period of 02 working days as stipulated in point b, Clause 1, Article 259 of the Civil Procedure Code.

- For cases stipulated in Clause 2, Article 111 of the Civil Procedure Code, the timeline for implementing the security measure must not exceed 48 hours from the time of submitting the request and being accepted by the Court.

Sincerely!

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