What is time limit for lodging complaints of coercive judgment enforcement in Vietnam?
What is time limit for lodging complaints of coercive judgment enforcement in Vietnam? Because I lost a civil lawsuit and had to serve a sentence. But when the judgment was executed, the judgment enforcement agency did not follow the correct procedures when coercing the property. So I want to appeal the above coercive behavior. What is time limit for lodging complaints? How long does it take to resolve a complaint?
1. What is time limit for lodging complaints of coercive judgment enforcement in Vietnam?
Pursuant to Clause 2, Article 140 of the 2008 Law on Civil Judgment Execution:
2. Statute of limitations for lodging complaints about decisions or acts of heads of civil judgment enforcement agencies or enforcers are as follows:
a/ Fifteen days after receiving decisions or knowing acts, for judgment enforcement decisions or acts before the application of security or coercive measures;
b/ Three working days after receiving decisions, for decisions on application of the measure of blockading accounts.
Ten days after receiving decisions on or knowing acts of application of other security measures;
c/ Thirty days after receiving decisions on or knowing acts of application of coercive measures;
d/ Thirty days after receiving decisions or knowing acts after application of coercive measures.
In case due to objective obstacles or force majeure circumstances, complainants cannot exercise the right to lodge complaints within the set time limit, the period when these objective obstacles or force majeure circumstances exist will not be counted into the time limit for lodging complaints.
For further complaints, the statute of limitations is 15 days after receiving competent persons’ complaint settlement decisions.
Thus, in your case, you can complain about the application of coercive measures within 30 days from knowing acts of application of coercive measures in Vietnam.
2. Time limits for settlement of complaints in Vietnam
Article 146 of the Law on Civil Judgment Execution is supplemented by Clause 41, Article 1 of the Law on Civil Judgment Execution 2014 as follows:
1. For decisions or acts specified at Point a, Clause 2, Article 140 of this Law, the time limits for settlement of first-time and second-time complaints are 15 days and 30 days, respectively, from the date of acceptance of complaints.
2. For decisions or acts specified at Point b, Clause 2, Article 140 of this Law, the time limit for settlement of complaints is 5 working days from the date of acceptance of complaints.
3. For decisions or acts specified at Point c, Clause 2, Article 140 of this Law, the time limits for settlement of first-time and second-time complaints are 30 days and 45 days, respectively, from the date of acceptance of complaints.
When necessary, for complicated cases, the time limit for complaint settlement may be prolonged but must not exceed 30 days after the expiration of the original time limit.
4. For decisions or acts specified at Point d, Clause 2, Article 140 of this Law, the time limits for settlement of first-time and second-time complaints are 15 days and 30 days, respectively, from the date of acceptance of complaints.
5. For cases in deep-lying and remote areas which are difficult to access or complicated cases, the time limit for settlement of complaints may be prolonged but must not exceed 30 days from the expiration of the original time limit.
Thus, for the case of settlement of complaints about the application of coercive measures, the time limit for first-time settlement is 30 days, for cases in deep-lying and remote areas which are difficult to access or complicated cases, the time limit for settlement of complaints may be prolonged but must not exceed 30 days from the expiration of the original time limit in Vietnam.
Best Regards!
