If both involved parties agree to postpone the civil judgment enforcement, can judgment enforcement be postponed in Vietnam?

May I ask if both involved parties agree to postpone the civil judgment enforcement, can judgment enforcement be postponed in Vietnam? 

If both involved parties agree to postpone the civil judgment enforcement, can judgment enforcement be postponed in Vietnam?

Pursuant to Clause 21, Article 1 of the 2014 Law on Civil Judgment Execution, 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 case the involved parties all agree on the postponement of civil judgment enforcement, the Heads of civil judgment enforcement agency will issue decisions to postpone judgment enforcement in Vietnam.

Best Regards!

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