What is the time limit for issuing a decision to terminate the execution of a civil judgment in Vietnam?

What is the time limit for issuing a decision to terminate the execution of a civil judgment in Vietnam?

Pursuant to Clause 2, Article 50 of the Law on Civil Judgment Execution 2008, the time limit for issuing a decision to terminate the civil judgment execution is as follows:

2. The time limit for issuing a judgment enforcement termination decision is 5 working days after there emerges a ground for judgment enforcement termination specified in Clause 1 of this Article.

Thus, according to the above provisions, the time limit for deciding to terminate the execution of civil judgments is 5 working days from the date on which there are grounds for suspension of the execution of judgments in Vietnam.

In case the judgment debtor dies, is the execution suspended in Vietnam?

Clause 1 Article 50 of the Law on Civil Judgment Execution 2008 as amended by Clause 22 Article 1 of the Law on Civil Judgment Execution 2014 provides for cases of suspension of civil judgment execution 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 obligation under the judgment or ruling 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 ruling 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 discontinue the judgment enforcement, unless the judgment enforcement termination affects rights and legitimate interests of a third party;

d/ The judgment or ruling is partially or wholly quashed;

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

f/ There is a decision on exemption from or reduction of the obligation to enforce the judgment;

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

h/ The minor who had been consigned to another person for nurturing has become an adult.

According to the above provisions, only if the judgment debtor dies without leaving his/her estate or in accordance with the law, his/her obligations under the judgment or decision shall not be transferred to his/her heirs. Other cases are not suspended in Vietnam.

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