Notification about Enforcement Action may only be sent to Relatives when the Notified Person is Absent

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To be specific, Clause 7, Article 1 of Decree 33/2020/ND-CP stipulates that if the person who is notified is an absent person entitled to rights and obligations, the notification to them through relatives shall be carried out following the provisions of Clause 2, Article 40 of the Law on Civil Judgment Execution. In particular cases where the party involved, a person with rights and obligations requests to receive notices by telegram, fax, email, or other forms, the direct notification can be performed per such form if it does not obstruct the enforcement agency.

Additionally, according to Article 12 of Decree 62/2015/ND-CP, the direct notification to involved parties, a person with rights and obligations is carried out as follows:

- By the executor, officials performing the execution to deliver the document to the notified person;- By postmen; persons authorized by the execution agency; heads of the residential group; village head, hamlet, sub-hamlet, group, cluster, phum, soc; the People's Committee, commune police; heads of agencies, units; the prison warden, detention center warden, head of the criminal execution agency at district-level police where the notified person is residing, working, serving the sentence.

If the party involved, a person with rights and obligations has a change in contact address, they must promptly inform the competent enforcement agency to execute the notification to the new address. If the party involved, a person with rights and obligations fails to notify the new address, the notification sent to the previously determined address is deemed valid.

In cases where the party involved, a person with rights and obligations refuses to receive the notification, the individual performing the direct notification must make a minute, with a witness's signature, and the notification shall be considered valid.

Moreover, notifications about enforcement on public media shall be carried out following Article 43 of the Law on Civil Judgment Execution and can also be published on the website of the Department of Civil Judgment Execution, the electronic portal of the General Department of Civil Judgment Execution under the Ministry of Justice.

Details can be found in Decree 33/2020/ND-CP, which takes effect from May 1, 2020, amending and supplementing Decree 62/2015/ND-CP.

Le Hai

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