If asset recipients are notified of receipt of the property but do not come to receive it, will civil judgment enforcement be terminated in Vietnam?

If asset recipients are notified of receipt of the property but does not come to receive it, will civil judgment enforcement be terminated in Vietnam?

Pursuant to Clause 22, Article 1 of the 2014 Amended Civil Judgment Execution Law, the cases in which civil judgment enforcement may be terminated are as follows:

1. Heads of civil judgment enforcement agencies shall issue decisions to terminate judgment enforcement in the following cases:

a/ The judgment debtor dies without estate or after his/her death, his/her obligations under the judgment or decision must not be transferred, as prescribed by law, to his/her heirs;

b/ The judgment creditor dies but his/her rights and interests under the judgment or decision must not be transferred to his/her heirs or he/she dies without heirs;

c/ Involved parties agree in writing or the judgment creditor requests in writing the civil judgment enforcement agency to partially or wholly terminate rights and interests of the judgment creditor, under the judgment or decision, unless the judgment enforcement termination affects lawful rights and interests of the third party;

d/ The judgment or decision is partially or wholly quashed, except the case specified in Clause 2, Article 103 of this Law;

dd/ The judgment debtor being an organization is dissolved and has no assets while, as prescribed by law, its obligation must not be transferred to another organization;

e/ There is a decision on judgment execution obligation exemption;

g/ The court has decided to open bankruptcy procedures for the judgment debtor;

h/ The minor who had been consigned to another person for nurturing under judgments or decisions dies or has become an adult.

Thus, the asset recipient who has been duly notified twice about the receipt of the property but does not come will not be subject to any cases of termination of civil judgment enforcement. Therefore, the execution of the sentence will not be terminated in Vietnam.

What is handling for asset recipients in Vietnam who are notified of receipt of the property but do not come to receive it?

Pursuant to Clause 21, Article 1 of the 2014 Amended Civil Judgment Execution Law, the provisions on termination of judgment execution are as follows:

1. Heads of civil judgment enforcement agencies shall issue decisions to postpone judgment enforcement in the following cases:

a/ The judgment debtor falls seriously ill as certified by a medical establishment of district or higher level, or has entirely or partially lost his/her civil act capacity under a court decision;

b/ Judgment debtors’ addresses have not yet been identified, or judgment debtors cannot fulfill by themselves their obligations under the judgments or decisions for other plausible reasons;

c/ Involved parties agree to postpone the judgment enforcement. The agreement on postponement must be made in writing, clearly stating the postponement duration and bearing signatures of involved parties. In this duration, the judgment debtor shall bear no interest arising from the postponed judgment enforcement, unless otherwise agreed by involved parties.

d/ Assets for judgment enforcement are accepted by a court for handling under Articles 74 and 75 of this Law; the value of distrained assets defined in Article 90 of this Law is equal to or lower than enforcement expenses and secured obligations upon the reduction of their prices under regulation;

dd/ The judgment enforcement is in the period for competent agencies to explain judgments and decisions and respond to recommendations of civil judgment enforcement agencies under Point b, Clause 2, Article 170 and Clause 2, Article 179 of this Law.

e/ Asset recipients, persons assigned to nurture involved parties have been properly informed twice of the receipt of assets and to-be-nurtured persons but fail to show up to receive;

g/ The transfer of rights and obligations for judgment enforcement according to Article 54 of this Law has not been made due to force majeure circumstances or objective obstacles;

h/ Distrained assets cannot be sold and judgment creditors refuse to receive them for judgment execution under Clause 3, Article 104 of this Law.

Thus, in the case of two valid notices but the recipient does not come to receive the property, the head of the judgment enforcement agency will issue a decision to postpone judgment enforcement according to regulations in  Vietnam.

Best Regards!