Commissioning Civil Judgment Enforcement: Important Information to Know

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To be specific, in Article 16 of Decree 62/2015/ND-CP, it is stipulated that the head of the civil judgment execution agency must delegate the execution to the civil judgment execution agency where the judgment debtor has assets in the form of immovable property, registered movable property; for other types of assets, delegation can be made to the civil judgment execution agency where the assets are located for execution.

In cases where the judgment debtor has multiple assets in various places, the civil judgment execution agency shall delegate execution following this order:

- According to the agreement of the parties;

- Where there are sufficient assets to execute the judgment;

- If assets are insufficient to execute the judgment, delegate to the place with the most valuable assets, or where most assets are located.

In the case where the judgment or decision declares specific assets to secure the enforcement of a particular debt and those assets are in another location, it is possible to delegate the enforcement of that secured debt to the civil judgment execution agency where the secured assets are located.

Regarding the decision to delegate judgment execution: It should clearly state the content of the delegation, the executed portions, the portions to be continued, and essential information for carrying out the delegation. When sending the delegation decision, the civil judgment execution agency must enclose the judgment or decision; copies of the inventory record, temporary seizure of assets record, and other relevant documents, if any. If delegation to multiple places is necessary, the civil judgment execution agency may duplicate the judgment, decision, and other relevant documents, with the agency's seal, to send to the receiving agencies.

In cases where the judgment debtor has no assets or does not reside, work, or have a headquarters in the locality, the receiving civil judgment execution agency shall handle according to the provisions in Article 44a of the Law on Civil Judgment Execution; if it is determined that the judgment debtor has assets or resides, works, or has a headquarters in another locality, further delegation shall be made to the civil judgment execution agency where execution conditions are met.

See the full regulation in Decree 62/2015/ND-CP, effective from September 1, 2015.

Thu Ba

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