Is it necessary to provide information about judgment enforcement assets when requests for judgment enforcement in Vietnam?

Is it necessary to provide information about judgment enforcement assets when requests for judgment enforcement in Vietnam?

Pursuant to Clause 2, Article 31 of the 2008 Law on Civil Judgment Enforcement as amended by Clause 13, Article 1 of the 2014 Amended Law on Civil Judgment Enforcement on written request for judgment enforcement, as follows:

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.

Thus, when requesting judgment enforcement in Vietnam, the judgment creditor must provide information about the judgment debtor's assets or judgment enforcement conditions.

Is it necessary to provide information about judgment enforcement assets when requests for judgment enforcement in Vietnam? (Image from the Internet)

In what order should sums of money collected from judgment enforcement be paid in Vietnam?

In Article 47 of the 2008 Law on Civil Judgment Enforcement, amended by Clause 20, Article 1 of the 2014 Amended Law on Civil Judgment Enforcement on payment of money and property for judgment enforcement, accordingly:

1. Sums of money collected from judgment enforcement shall, after subtracting judgment enforcement expenses and the sum of money specified in Clause 5, Article 115 of this Law, be used to pay in the following order:

a/ Alimony; salary, wage, severance allowance, job-loss allowance and working capacity loss allowance; compensation for loss of life, damage to health or mental harms;

b/ Court fees and charges;

c/ Other payables under enforced judgments or decisions.

2. In case there are many judgment creditors under a judgment, sums of money collected from judgment enforcement shall be paid as follows:

a/ Payment shall be made in the order specified in Clause 1 of this Article. In case there are many judgment creditors at the same priority level, payment shall be made in proportion to sums of money enjoyable by these creditors;

b/ Sum of money collected under a coercive judgment enforcement decision shall be paid to those who are judgment creditors by the time of issuance of such decision. The remainder shall be paid to those who are judgment creditors under other judgment enforcement decisions by the time of payment;

c/ After making payment under Points a and b of this Clause, the remainder shall be returned to judgment debtors.

3. In case of handling assets in pledge or mortgage whereby pledgees and mortgagees are judgment creditors, or in case of selling assets ruled under the judgment or decision to be distrained to secure the fulfillment of a specific obligation, the sum of money collected from selling distrained, pledged and mortgaged assets shall be paid first of all to pledgees and mortgagees or parties with secured obligations after subtracting court fees, judgment enforcement expenses and sums of money specified in Clause 5, Article 115 of this Law.

In case of handling assets in pledge or mortgage whereby pledgees and mortgagees are not judgment creditors, such pledges and mortgagees shall be paid before other sums of money specified in this Article are paid.

4. The order of payment of sums of money collected from enforcement of bankruptcy judgments must comply with the law on bankruptcy.

5. Within 10 days after collecting money or assets from judgment enforcement, enforcers shall pay such money or return the assets under Clauses 1, 2 and 3 of this Article.

In case involved parties fail to come for their money or assets, such money and assets shall be handled under Article 126 of this Law.

Best regards!