Regulations on notification of civil judgment execution in Vietnam from January 1, 2025

Regulations on notification of civil judgment execution in Vietnam from January 1, 2025 (Image from the Internet)

Regulations on notification of civil judgment execution in Vietnam from January 1, 2025

From January 1, 2025, the regulations on notifications of civil judgment execution in Vietnam will be stipulated as follows:

(1) The notification of judgment execution as prescribed in Article 40, Article 41, Article 42 of the Law on Civil Judgment Execution will be implemented for the first time.

If the notified person agrees, from the second notification onwards, the civil judgment execution agency may notify through VNeID or the electronic information portal of the Department of Civil Judgment Execution and the electronic information portal of the General Department of Civil Judgment Execution under the Ministry of Justice.

If the notified person does not agree with the form of notification from the second time onwards, the civil judgment execution agency will conduct the notification as prescribed by the Law on Civil Judgment Execution.

Direct notification to the involved parties, individuals with related rights and obligations will be implemented as follows:

- Carried out by the bailiff, official responsible for judgment execution, delivering the necessary document to the notified person;

- Carried out by postal worker; a person authorized by the judgment execution agency; team leader of the residential group; village, hamlet, commune chiefs; People's committees, communal police; heads of agencies, units; warden of the prison, detention center, head of the criminal judgment execution agency of the district-level police where the notified person resides, works, or serves their prison sentence, delivering the necessary document to the notified person.

(2) In the event the notified person, who is an individual with related rights and obligations, is absent, the notification to them through a relative will be implemented according to clause 2, Article 40 of the Law on Civil Judgment Execution.

If the involved party, individual with related rights and obligations requests notification via telegram, fax, email or another form, direct notification may be implemented in that form, provided it does not obstruct the civil judgment execution agency.

(3) If the involved party, individual with related rights and obligations changes their contact address, they must promptly notify the competent civil judgment execution agency to implement notification at the new address. If they do not notify a new address, the notification to the previously determined address is considered valid.

(4) In cases where the involved party, individual with related rights and obligations refuses to receive the notification, the person directly notifying must prepare a record, having the witness's signature, and the notification is considered valid.

(5) Notifications regarding judgment execution on mass media are conducted according to Article 43 of the Law on Civil Judgment Execution, and may also be publicly disclosed on the electronic information portal of the Department of Civil Judgment Execution and the electronic information portal of the General Department of Civil Judgment Execution under the Ministry of Justice.

(Article 12 of Decree 62/2015/ND-CP, amended by Decree 33/2020/ND-CP, Decree 152/2024/ND-CP)

Cases of Decision on suspension of civil judgment execution in 2024 in Vietnam

According to clause 1, Article 48 of the Law on Civil Judgment Execution 2008 (amended 2014), the head of the civil judgment execution agency issues a decision to suspend judgment execution in the following cases:

- The person obliged to execute the judgment is seriously ill, as confirmed by a medical facility from the district level or higher; has lost or limited civil act capacity as determined by the Court;

- The address of the person obliged to execute the judgment cannot be identified, or for other justifiable reasons, the judgment debtor cannot fulfill their obligations by themselves according to the judgment, decision;

- The involved parties agree to postpone the judgment execution; the agreement must be made in writing specifying the postponement period and signed by the involved parties; during the suspension period, the judgment debtor is not liable for delayed judgment interest, unless otherwise agreed by the parties;

- The property for judgment execution has been accepted by the Court for resolution as stipulated in Article 74 and Article 75 of the Law on Civil Judgment Execution; property attached according to Article 90 but after reduction in price according to regulations, the value is equal to or less than the cost and the obligation secured;

- Judgment execution is within the time frame in which competent authorities are explaining the judgment, decision, and responding to recommendations from the civil judgment execution agency according to point b, clause 2, Article 170 and clause 2, Article 179 of the Law on Civil Judgment Execution;

- The recipient of the property, the person tasked with custody, has been duly notified twice to collect the property, care for the person, but fails to collect;

- Transfer of rights and obligations of judgment execution as prescribed in Article 54 of the Law on Civil Judgment Execution cannot be carried out due to force majeure events or objective obstacles;

- Attached property cannot be sold and the judgment creditor does not accept it for judgment execution as stipulated in clause 3, Article 104 of the Law on Civil Judgment Execution.

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