Regulations on the Order of Delegating Execution of Judgments When Assets Are Located in Multiple Places

Based on the judgment, decision to be enforced, or the verification result, the Head of the civil judgment enforcement agency must delegate the enforcement of the judgment to the civil judgment enforcement agency where the judgment debtor has assets, works, resides, or has a headquarters.

Entrustment of Civil Judgment Enforcement, 33/2020/ND-CP

Illustrative image (Source: Internet)

Decree 33/2020/ND-CP stipulates that if the judgment debtor has multiple assets in different locations, the civil judgment enforcement agency will entrust the execution as follows:

1. According to the agreement of the parties,

2. The location where there are sufficient assets to enforce the judgment,

3. The location with the highest total asset value.

Cases to note:

- If the judgment or decision declares assets to secure a specific enforceable amount but such assets are in another location, the enforceable amount must be entrusted to the civil judgment enforcement agency where the secured assets are located.

- If assets are being processed for enforcement but are in dispute and have been accepted by the court for resolution while the involved party has assets in another locality, it will be entrusted to the civil judgment enforcement agency where the assets are located for enforcement.

Additionally, the entrusting enforcement agency must regularly update, monitor, and immediately inform the entrusted enforcement agency about the court's dispute resolution results to coordinate the enforcement. The entrusted enforcement agency must promptly notify the entrusting agency about the progress and results of the asset handling to monitor and coordinate enforcement.

Furthermore, Decree 33/2020/ND-CP stipulates that the entrustment decision for judgment enforcement must clearly state the entrustment contents, the amount already enforced, the amount to be continued, and other necessary information for the entrustment process.

- When sending the entrustment decision for judgment enforcement, the civil judgment enforcement agency must enclose the judgment, decision; a copy of the inventory record, temporary asset detention, and other relevant documents, if any. In case of entrustment to multiple locations, the executor must photocopy the judgment, decision, and other related documents into multiple copies, sealed by the entrusting civil judgment enforcement agency, to send to the entrusted agencies.- Decisions on applying measures to secure the enforcement, decisions to temporarily suspend exit, and other enforcement decisions related to the entrusted amount remain effective until replaced by decisions of the entrusted agency.

Details can be found in Decree 33/2020/ND-CP, effective from May 1, 2020.

Le Hai

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