Decree 135/2013/ND-CP: General Procedures for Enforcement by the Bailiff

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To be specific: Bailiffs carry out procedures related to the execution of judgments as stipulated in Decree 61/2009/ND-CP. In cases where Decree 61 does not provide regulations, the provisions of the law on civil judgment execution shall apply.

In addition, Decree 135/2013/ND-CP amends and supplements Article 36 of Decree 61/2009/ND-CP providing common procedures regarding the execution of judgments by bailiffs as follows:

Bailiff Offices and Civil Judgment Execution Agencies must cooperate with each other in providing information, notifications, verifying conditions for execution, applying security measures, coercive execution, and payment of execution funds.

- In cases where the judgment creditor is entitled to multiple executions under the same judgment or decision to be performed by one obligor, at the same time, the judgment creditor has the right to request either the Civil Judgment Execution Agency or one Bailiff Office to organize the execution. If the executions are to be performed by multiple obligors, the judgment creditor has the right to concurrently request the Civil Judgment Execution Agency and Bailiff Offices to separately execute each obligation.- If there are multiple judgment creditors under the same judgment or decision, and some request the Civil Judgment Execution Agency to organize the execution while others request Bailiff Offices to do so, both the Civil Judgment Execution Agency and Bailiff Offices must cooperate with each other in the execution.- For cases that have already been executed at the Civil Judgment Execution Agency, but later the involved party submits a written request to the Civil Judgment Execution Agency to discontinue the execution and requests a Bailiff Office to organize the execution or vice versa, the request must clearly specify the previous execution results, the remaining execution requirements, and any aspects of the previous results to be preserved (if any). Bailiff Offices and Civil Judgment Execution Agencies may accept the request to preserve previous execution results as a basis for continuing the execution.

Moreover, the Head of the Civil Judgment Execution Department of the province or centrally-governed city where the pilot implementation of bailiffs is conducted is responsible for guiding coordination in the execution of judgments between Civil Judgment Execution Agencies and Bailiff Offices, and among Bailiff Offices within the locality.

More details can be found in: Decree 135/2013/ND-CP, effective from December 5, 2013.

Thu Ba

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