Guidance on Collection of Civil Judgment Execution Fees According to Current Regulations

On November 10, 2016, the Ministry of Finance issued Circular 216/2016/TT-BTC stipulating the rates of collection, policies for collection, remittance, management, and use of civil judgment enforcement fees.

According to the provisions of Circular 216/2016/TT-BTC, the collection of civil enforcement fees is carried out as follows:

- In cases where the civil judgment enforcement agency makes payment via cash, bank transfer, or postal service to the judgment creditor, the amount of civil enforcement fees that the judgment creditor is required to pay will be deducted before the payment is made to them.- In cases where the Court does not state the value of the asset or states it, but at the time the fee is collected, it is no longer suitable (exceeding a 20% change) compared to the market value, the fee-collecting organization will appraise the asset to determine the civil enforcement fees that the judgment creditor must pay. The appraisal cost is covered by the civil judgment enforcement agency using the civil enforcement fees retained.- At least 15 days before the transfer of the asset, the fee-collecting organization will notify the judgment creditor of the amount of civil enforcement fees they are required to pay.

View the full text of the provisions in Circular 216/2016/TT-BTC, effective from January 1, 2017.

- Thanh Lam -

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