Conditions for Exemption and Reduction of Civil Judgment Execution Obligation

According to the provisions in the Law on Amendments and Supplements to Certain Articles of the Law on Civil Judgment Execution 2014, the state facilitates the exemption or reduction of the execution obligation for individuals responsible for fulfilling obligations payable to the state budget.

1. The judgment debtor may be considered for exemption from the obligation to execute the judgment when the following conditions are met:

- They do not have assets or have assets but those assets are not to be disposed of according to the law for the execution of the judgment, or they do not have income or have income only sufficient to ensure the minimum living standards for the judgment debtor and those they have the responsibility to support;- The period of 05 years has elapsed, since the date of the decision to execute the judgment for amounts to be paid to the state budget valued at less than 2,000,000 VND or the period of 10 years has elapsed, since the date of the decision to execute the judgment for amounts to be paid to the state budget valued from 2,000,000 VND to less than 5,000,000 VND.

2. Judgment debtors who have partially executed the amounts payable to the state budget may be considered for exemption from the remaining obligations when the following conditions are met:

- They fall into the category eligible for judgment execution exemption;- The period of 05 years has elapsed, since the date of the decision to execute the judgment where the remaining obligation is valued at less than 5,000,000 VND or the period of 10 years has elapsed, since the date of the decision to execute the judgment where the remaining obligation is valued from 5,000,000 VND to less than 10,000,000 VND.

3. Judgment debtors who have partially executed the amounts payable to the state budget but do not have assets or have income only sufficient to ensure minimum living standards are eligible for a partial reduction of the judgment execution obligation when one of the following conditions is met:

- The period of 05 years has elapsed, since the date of the decision to execute the judgment where the remaining obligation is valued from 10,000,000 VND to 100,000,000 VND, each reduction not exceeding one-fourth of the remaining amount to be executed;- The period of 10 years has elapsed, since the date of the decision to execute the judgment where the remaining obligation is valued at over 100,000,000 VND, each reduction not exceeding one-fifth of the remaining amount to be executed but not more than 50,000,000 VND.

4. Judgment debtors who have actively executed part of the court fees and fines but fall into prolonged severe economic difficulties due to natural disasters, fires, accidents, or illnesses that prevent them from continuing to execute the remaining obligations or have made significant contributions are eligible for exemption from executing the remaining obligations.

5. Judgment debtors are only considered for exemption or reduction once a year for each judgment, decision.

More details can be found in the Law on Amendments and Supplements to Certain Articles of the Civil Judgment Execution Law 2014 which took effect from July 1, 2015.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem



  • Address: 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City
    Phone: (028) 7302 2286
    E-mail: info@lawnet.vn
Parent company: THU VIEN PHAP LUAT Ltd.
Editorial Director: Mr. Bui Tuong Vu - Tel. 028 3935 2079
P.702A , Centre Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, HCM City;