From May 1, 2020, Proactively Issue Decision on Execution of Judgment in Only 03 Cases

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To be specific, in Clause 4, Article 1 of Decree 33/2020/ND-CP, it is stipulated that the head of the civil judgment enforcement agency issues a common enforcement decision for the amounts to be proactively executed in a judgment or decision, except for the following cases:

- If there is a person to be returned money or property, an enforcement decision is issued for that person.- If there is a person obligated to execute multiple different amounts, an enforcement decision is issued for that person.- If a person has both rights and obligations, an enforcement decision is issued for that person.

In cases of joint rights and obligations, the head of the civil judgment enforcement agency issues a common enforcement decision for those with joint rights and obligations.

Additionally, other revenue items for the state to be proactively enforced by the judgment enforcement agency as prescribed at Point c, Clause 2, Article 36 of the Law on Civil Judgment Enforcement include: tax arrears; state aid; compensation for the state, state agencies, or enterprises wholly owned by the state in cases of economic management order violation and corruption; and amounts directly paid into the state budget.

Upon the expiration of the 01-year period from the date the judgment or decision takes legal effect, if the agency, organization, or enterprise entitled to the enforcement does not request the enforcement of amounts or property owned by the state, the directly managing agency or organization, or the representative agency of ownership of such agency, organization, or enterprise is responsible for directing the enforcement request.

For details, see Decree 33/2020/ND-CP, effective from May 1, 2020.

Le Hai

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