Decree 62: Detailed Provisions on the Statute of Limitations for Requesting the Enforcement of Civil Judgments

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According to Article 4 of Decree 62/2015/ND-CP, parties have the right to request enforcement within the statute of limitations specified in Clause 1 Article 30 of the Law on Civil Judgment Enforcement:

1. Within 5 years from the date the judgment or decision takes legal effect, the judgment creditor or the judgment debtor has the right to request the competent civil enforcement agency to issue a decision on judgment enforcement.

However, in cases where force majeure events or objective obstacles lead to the inability to request enforcement within the statute of limitations, the party has the right to request the head of the competent civil enforcement agency to consider and decide on the acceptance or non-acceptance of the overdue enforcement request. The overdue enforcement request is carried out in accordance with Clauses 1, 2, and 3, Article 31 of the Law on Civil Judgment Enforcement, specifying the reasons and attaching documents proving the inability to request enforcement on time.

Some notable cases:

- For cases where the enforcement request was returned before July 1, 2015 and the party requests enforcement again, the civil enforcement agency that issued the return decision must issue an enforcement decision and organize the enforcement.

- In cases where the return decision of the enforcement request no longer exists, the judgment creditor has the right to request the civil enforcement agency that issued the return decision to confirm the return and proceed with the enforcement.

- In cases where an inmate is the judgment debtor, their relatives, or their authorized person voluntarily requests to submit money or assets for enforcement when the statute of limitations for enforcement has expired, the civil enforcement agency shall not issue a decision to restore the statute of limitations for the enforcement request. In this case, the civil enforcement agency shall only issue an enforcement decision corresponding to the money or assets voluntarily submitted, simultaneously making a record specifying the reasons, amount of money, or assets submitted by the inmate as the judgment debtor, their authorized person, or their relatives, and notify the judgment creditor to come and collect. After a period of one year from the date of valid notification without the judgment creditor coming to collect the money or assets, the civil enforcement agency shall follow the procedures to transfer these to the state fund, after deducting the amount of money or assets that must be enforced according to other enforcement decisions, if any.

Refer to the related provisions in Decree 62/2015/ND-CP effective from September 1, 2015.

Thu Ba

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