From May 01, 2020, Changes in the Regulations on the Agreement for Civil Judgment Execution

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From May 01, 2020, the regulations on civil execution agreements are amended and supplemented by Decree 33/2020/ND-CP as follows:

- In cases where parties agree before requesting civil execution or have requested but the civil execution agency has not yet issued a civil execution decision, such agreements must be made in writing, clearly stating the time, place, content of the agreement, and with the signatures or fingerprints of the participating parties. The parties are obliged to carry out the agreed contents correctly.- If the civil execution agency has already issued a civil execution decision, the parties still have the right to agree on the execution. The agreement must be in writing, clearly stating the time, place, content of the agreement, the implementation period, the legal consequences of failing to execute or improperly executing the agreement, and with the signatures or fingerprints of the participating parties. The parties bear responsibility for ensuring the agreement does not violate legal prohibitions, social morality, does not misrepresent reality, does not infringe on the legitimate rights and interests of third parties, or aim to avoid execution fees.- If the civil execution agency is in the process of executing but the parties agree not to request the agency to continue executing part or all of the decision, the Head of the civil execution agency shall issue a decision to suspend execution for the agreed content according to Point C Clause 1 Article 50 of the Law on Civil Execution.- Upon request by the parties, the Executor is responsible for witnessing and signing the agreement in the aforementioned cases. The witnessing must take place at the civil execution agency's office. If it is found that the agreement violates legal prohibitions, social morality, misrepresents reality, affects the legitimate rights and interests of third parties, or aims to avoid execution fees, the Executor must refuse to witness the agreement and clearly state the reason for the refusal in the agreement minutes.

For details, refer to Decree 33/2020/ND-CP, effective from May 01, 2020.

Le Hai

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