New Guidelines on Procedures for Verification of Enforcement Conditions by Bailiffs

As stipulated in Clause 10 Article 1 of Decree 135/2013/ND-CP, Bailiffs have the right to verify the conditions for judgment enforcement related to the execution of judgments within the competence of civil judgment enforcement agencies in the province or city where the Bailiff’s Office is located. When conducting verification, Bailiffs have the right to verify outside the province or centrally run city where the Bailiff’s Office is located in cases where concerned parties reside or have properties in that locality.

Illustration (source: internet)

The procedure for verifying the conditions for judgment enforcement is implemented in accordance with Clause 11 Article 1 of Decree 135/2013/ND-CP, amending and supplementing Article 31 of Decree 61/2009/ND-CP as follows:

- Based on the request and agreement on verifying judgment enforcement conditions, the Head of the Bailiff's Office issues a verification decision; the decision must clearly state the basis, content of verification and be recorded in the acceptance book.- Verification is carried out either by written request or directly. When directly verifying, the Bailiff presents the Bailiff Card, announces the decision, and makes minutes of the verification. In necessary cases, the Bailiff has the right to invite competent agencies or experts to clarify the content to be verified. Other provisions of law on civil judgment enforcement also apply to the verification of judgment enforcement conditions.- The State Treasury, Social Insurance, land use right registration agency, secured transaction registration agency, other property registration agencies, and relevant agencies, organizations, and individuals must comply with the Bailiff’s request for verifying judgment enforcement conditions and are responsible for the accuracy of the information provided.- The Ministry of Justice shall coordinate with the State Bank of Vietnam to guide the verification of judgment enforcement conditions of Bailiffs at credit institutions.

See the full text of the regulation in Decree 135/2013/ND-CP effective from December 05, 2013.

Thu Ba

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