03 Cases in Which the Civil Judgment Enforcement Agency May Refuse to Immediately Execute a Judgment Request

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Decree 33/2020/ND-CP stipulates that civil judgement enforcement agencies may refuse enforcement requests for judgements or decisions that do not give rise to the rights and obligations of the involved parties as prescribed in point a, clause 5, Article 31 of the Civil Judgement Enforcement Law in cases where the judgement or decision does not clearly state the obligations to be performed or does not clearly identify the persons responsible for enforcement, except in the following cases:

- Granting ownership, use, or management rights of assets where at the time of the enforcement request, the person entitled to enforcement cannot directly manage or use the assets;- Granting custody of minors where at the time of the enforcement request, the person entitled to enforcement cannot directly care for the minors;- Granting visitation, care for minors, persons with incapacities, or persons unable to work to the person entitled to enforcement who does not directly care for the individuals.

It should be noted that the head of the civil judgement enforcement agency issues one enforcement decision for each enforcement request. In cases where a judgement or decision mandates one person to enforce for multiple persons and involved parties request enforcement at the same time, the head of the civil judgement enforcement agency issues a common enforcement decision for multiple requests.

In cases where, after subtracting the duration of force majeure or objective obstacles, the enforcement request period is still valid, the head of the civil judgement enforcement agency issues an enforcement decision by request. If the enforcement request period has expired, the civil judgement enforcement agency refuses to accept the enforcement request in accordance with point c, clause 5, Article 31 of the Civil Judgement Enforcement Law, except as stipulated in clause 6, Article 4 of this Decree.

Regarding the issuance of enforcement decisions for joint rights and obligations, it shall be done in accordance with clause 2, Article 6 of this Decree.

Additionally, in cases where multiple individuals are entitled to receive a specific asset or share a payment according to the judgement or decision, but only one or some of them request enforcement, the head of the civil judgment enforcement agency issues an enforcement decision according to the judgement or decision.

See details in Decree 33/2020/ND-CP effective from May 1, 2020.

Le Hai

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