Who pays expense for verification of judgment execution conditions in Vietnam?

Who pays expense for verification of judgment execution conditions in Vietnam?

I heard that when asking for judgment enforcement, the judgment debtor must pay the expense for verification of judgment execution conditions to the person going to verify such as: food, transportation, accommodation... is that correct? 

Reply: 

According to Clause 3, Article 73 of the Law on Civil Judgment Execution 2008 and Clause 30, Article 1 of the Law on Civil Judgment Execution, amended 2014 stipulates:

3. The state budget shall pay expenses for coercive judgment enforcement in the following cases:

a/ Expense for revaluation of assets due to violations of valuation regulations;

b/ Expense for verification of judgment execution conditions.

c/ Other necessary expenses under the Government’s regulations;

d/ Involved parties are entitled to exemption or reduction of expenses for coercive judgment enforcement under law.

Thus, in the past, the expense for verification of judgment execution conditions in Vietnam was paid by the judgment debtor, but from July 1, 2015, the expense for verification of judgment execution conditions (including active judgment enforcement or execute judgments on request), the state budget shall pay.

Who has competence to issue certificates of judgment enforcement results in Vietnam?

I have permanent residence in Cu Kuin district, Dak Lak province. In 2015, I committed a crime of property theft in Tam Ky city, Quang Nam province. After serving the 9-month prison sentence at An Diem prison, Quang Nam province, I was released and was granted a certificate of completion of the prison sentence. Then I returned to report to the local. I have completed the compensation for the victim and the first-instance court fees I have completed after the expiration of the term but have also lost the receipt. Now, where can I get a certificate of completion of court fees to add to the record of criminal record remission? Could you please give me the name of the agency that issued the Certificate of Judgment Execution Results?

Reply: 

According to Article 35 of the Law on Civil Judgment Execution 2008 and Article 1 of the Law on Civil Judgment Execution, amended 2014 stipulates the judgment enforcement competence of civil judgment enforcement agencies as follows:

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

a/ First-instance judgments and rulings of district-level courts of localities where civil judgment enforcement agencies are located;

b/ Appellate judgments and rulings of provincial-level courts over first-instance judgments and rulings of district-level courts of localities where civil judgment enforcement agencies are located;

c/ Cassation or re-opening rulings of provincial-level courts over judgments and rulings, which have taken legal effect, of district-level courts of localities where district-level 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.

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

a/ First-instance judgments and rulings of provincial-level courts of the same localities;

b/ Judgments and rulings transferred by the Supreme People’s Court to them;

c/ Judgments and rulings of foreign courts, awards of foreign arbitrations recognized by Vietnamese courts for enforcement in Vietnam;

d/ Awards of commercial arbitrations;

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

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

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

h/ Judgments and rulings defined in Clause 1 of this Article with involved parties residing or assets located overseas or which require judicial mandate for enforcement.

Since you did not provide clear information about the first-instance trial case for your act in Vietnam, the first-instance trial was held at the Provincial Court or the District Court, so we cannot conclude where you go to receive the certificate of judgment enforcement results. 

If the first-instance trial for your criminal act is heard at the district court, you should go to that district's civil judgment enforcement sub-department to obtain a certificate of judgment enforcement results in Vietnam. 

If the first-instance trial for your crime is heard at the provincial court, you should go to the Civil Judgment Execution Department of Quang Nam province, Vietnam to obtain a certificate of judgment execution results.

What are procedures for applying for certificates of judgment enforcement results in Vietnam? 

I need to obtain a certificate from the civil judgment enforcement agency on the completion of the payment of compensation, court costs and fines; Where to add in the record of criminal record removal? And how to apply for that paper? I have completed all compensation, court fees, fines in full. But the receipt of payment of first-instance court fees has been lost.

Reply: 

According to Article 53 of the Law on Civil Judgment Execution 2008 and Article 37 of Decree 62/2015/ND-CP stipulating the certification of civil judgment enforcement results, specifically as follows:

1. The head of the civil judgment enforcement authority shall issue a written verification of the fulfillment of the litigants’ rights and obligations under the enforcement order at their or their relative's request.

2. The written verification shall specify the obligations and the result of civil judgment enforcement at the time of verification.

The result of civil judgment enforcement shall specify whether a litigant has partially or fully discharged his/her obligations under the enforcement order (or the obligations of each period in case of periodic obligations).

Thus, you have the right to request the judgment enforcement agency to certify in writing the results of the involved parties' exercise of their judgment enforcement rights and obligations under the judgment enforcement decision in Vietnam. 

* Procedures for applying for a Certificate of Judgment Execution. 

- Legal basis: Circular 01/2016/TT-BTP 

- Dossier of application for certification of judgment enforcement results.

+ An application form for certification of judgment enforcement results (Form D10-THADS issued together with Circular 01/2016/TT-BTP) 

+ Judgment execution decision; 

+ Judgment or decision of the Court; 

+ Other related documents. 

- Processing time: 

Within 05 working days from the date of receiving the involved parties' requests, heads of civil judgment enforcement agencies shall issue certificates of judgment execution results. 

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Best Regards!