Which cases are eligible for exemption and reduction of civil judgment enforcement fees in Vietnam?

Which cases are eligible for exemption and reduction of civil judgment enforcement fees in Vietnam?

According to Clause 1 and Clause 2, Article 7 of Circular 216/2016/TT-BTC, judgment creditors are eligible for exemption and reduction of civil judgment enforcement fees if they fall into the following cases:

(1) Exemption of civil judgment enforcement fees

- They are granted preferential benefits for people with meritorious services to the revolution;

- They live solitude according to confirmation by the People’s Committees of communes where they reside;

- They are disabled or chronically sick with their medical record summaries acknowledged by medical examination and treatment facilities of districts or higher;

- Judgment creditors have confirmed decisions on ineligibility for judgment enforcement issued by civil judgment enforcement agencies as prescribed and civil judgment enforcement agencies have handled assets for judgment enforcement.

(2) Reduction of civil judgment enforcement fees

- A reduction of 80% of civil judgment enforcement fees shall be given to persons who face disadvantaged economic conditions and live in poor households with acknowledgement of People’s Committees of communes where they reside or agencies, organizations that they work for;

- A reduction of 30% of civil judgment enforcement fees equivalent to the amounts received from handling of assets of judgment debtors confirmed by judgment creditors when they request judgment enforcement and civil judgment enforcement agencies have handled assets for judgment enforcement without implementation of coercive measures to mobilize forces;

Except the case where assets have been stated in judgments and rulings of the Courts and Commercial Arbitrators;

- A reduction of 20% of civil judgment enforcement fees in the case prescribed in Point b of this Clause in case where implementation of coercive measures to mobilize forces is required, except the case where assets have been stated in judgments and rulings of the Courts and Commercial Arbitrators;

Which cases are eligible for exemption and reduction of civil judgment enforcement fees in Vietnam? (Image from the Internet)

Which agency has the competence to enforce civil judgments in Vietnam?

Pursuant to Article 35 of the Law on Execution of Civil Judgments 2008, amended and supplemented by Clauses 14 and 48, Article 1 of the Law on Execution of Civil Judgments 2014 stipulating competence to enforce civil judgments:

Competence to enforce civil judgments

1. District-level civil judgment enforcement agencies are competent to enforce the following judgments and rulings:

a/ First-instance judgments and rulings of people’s courts of urban and rural districts, towns, provincial cities and the equivalent of localities where civil judgment enforcement agencies are located;

b/ Appellate judgments and rulings of people’s courts of provinces and centrally run cities over first-instance judgments and rulings of people’s courts of urban and rural districts, towns, provincial cities and the equivalent of localities where civil judgment enforcement agencies are located;

c/ Cassation or re-opening decisions of superior people’s courts over judgments and decisions, which have taken legal effect, of people’s courts of urban districts, rural districts, communes, provincial cities and the equivalent where civil judgment enforcement agencies are located;

d/ Judgments and rulings entrusted by district-level civil judgment enforcement agencies of other localities, provincial-level or military zone-level civil judgment enforcement agencies.

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Thus, agencies has the following competence to enforce civil judgments includes:

[1] District-level civil judgment enforcement agencies

- First-instance judgments and rulings of people’s courts of urban and rural districts, towns, provincial cities and the equivalent of localities where civil judgment enforcement agencies are located;

- Appellate judgments and rulings of people’s courts of provinces and centrally run cities over first-instance judgments and rulings of people’s courts of urban and rural districts, towns, provincial cities and the equivalent of localities where civil judgment enforcement agencies are located;

- Cassation or re-opening decisions of superior people’s courts over judgments and decisions, which have taken legal effect, of people’s courts of urban districts, rural districts, communes, provincial cities and the equivalent where civil judgment enforcement agencies are located;

- Judgments and rulings entrusted by district-level civil judgment enforcement agencies of other localities, provincial-level or military zone-level civil judgment enforcement agencies.

[2] Provincial-level civil judgment enforcement agencies

- First-instance judgments and decisions of provincial-level people’s courts of the same localities;

- Judgments and decisions made by superior people’s courts;

- Decisions transferred by the Supreme People’s Court to them;

- Judgments and decisions of foreign courts, awards of foreign arbitrations recognized by Vietnamese courts for enforcement in Vietnam;

- Awards and decisions of commercial arbitrations;

- Decisions on handling of competition cases issued by the Council for Handling of Competition Cases;

- Judgments and decisions entrusted by civil judgment enforcement agencies of other localities or military zone-level judgment enforcement agencies;

- Judgments and decisions falling under the enforcing competence of district-level civil judgment enforcement agencies defined in Clause 1 of this Article that they pick up for enforcement when finding it necessary;

- Judgments and decisions specified in Clause 1 of this Article with involved parties residing or assets located overseas or which require judicial mandate for enforcement.

[3] Military zone-level judgment enforcement agencies

- Rulings on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil rulings in criminal judgments and rulings of military zone-level military tribunals or equivalent courts in their localities;

- Rulings on fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidence and assets, court fees and civil rulings in criminal judgments and rulings of regional military tribunals in their localities;

- Rulings on fines, confiscation of assets, handling of material evidence and assets, retrospective collection of illicitly earned money and assets, court fees and civil rulings in criminal judgments and rulings transferred by the central military tribunal to military zone-level judgment enforcement agencies;

- Civil decisions transfeưed by the Supreme People’s Court to military zone-level judgment enforcement agencies;

- Judgments and rulings entrusted by provincial-level, district-level or military zone-level civil judgment enforcement agencies for enforcement.

Who has the competence to settle complaints about civil judgment enforcement?

Pursuant to Article 142 of the Law on Execution of Civil Judgments 2008 stipulating competence to settle complaints about judgment enforcement:

[1] Heads of district-level civil judgment enforcement agencies shall settle complaints about illegal decisions or acts of enforcers managed by their agencies.

[2] Heads of provincial-level judgment enforcement agencies shall settle the following complaints:

- Complaints about illegal decisions or acts of enforcers managed by their agencies;

- Complaints about illegal decisions or acts of heads of district-level civil judgment enforcement agencies;

- Complaints about complaint settlement decisions of heads of district-level civil judgment enforcement agencies. Complaint settlement decisions of provincial-level judgment enforcement agencies will be effective for enforcement.

[3] The head of the civil judgment enforcement management agency of the Justice Ministry shall settle the following complaints:

- Complaints about illegal decisions or acts of heads of provincial-level civil judgment enforcement agencies;

- Complaints about complaint settlement decisions of heads of provincial-level civil judgment enforcement agencies.

[4] The Justice Minister shall settle the following complaints:

- Complaints about complaint settlement decisions of the head of the civil judgment enforcement management agency of the Justice Ministry;

- When necessary, the Justice Minister may review complaint settlement decisions of the Heads of judgment enforcement agencies under the Ministry of Justice that has taken effect.

[5] Heads of military zone-level judgment enforcement agencies shall settle complaints about illegal decisions or acts of their enforcers.

[6] The head of the judgment enforcement management agency of the Defense Ministry shall settle the following complaints:

- Complaints about illegal decisions or acts of heads of military zone-level judgment enforcement agencies;

- Complaints about complaint settlement decisions of heads of military zone-level judgment enforcement agencies. Complaint settlement decisions of the head of the judgment enforcement management agency of the Defense Ministry will be effective for enforcement.

[7] The Defense Minister shall settle the following complaints:

- Complaints about complaint settlement decisions of the head of the judgment enforcement management agency of the Defense Ministry. Complaint settlement decisions of the Defense Minister will be effective for enforcement;

- When necessary, the Defense Minister may review complaint settlement decisions of the head of the judgment enforcement management agency of the Defense Ministry;

Best regards!