Resolution of Disputes Related to Assets in Enforcement of Judgment

In Clause 32 Article 1 of the 2014 Amended Law on Civil Judgment Execution stipulates:

Case 1: If the property of the person obligated to execute the judgment is enforced for judgment execution and another person disputes it, the executor shall notify the involved parties and the disputant of their right to initiate a lawsuit in court or request a competent authority to resolve the matter.

Resolution Time Limit:

- Within 30 days from the date of proper notification, if the involved parties or the disputant initiate a lawsuit in court or request the competent authority to resolve the matter, the handling of the property shall be carried out in accordance with the decision of the court or competent authority.- Within 30 days from the date of proper notification, if the involved parties or the disputant do not initiate a lawsuit in court or do not request the competent authority to resolve the matter, the executor shall handle the property to execute the judgment according to the provisions of this Law.

Case 2: If there is a basis to determine that the transaction involving the judgment execution property is intended to evade the obligation of judgment execution, the executor shall notify the judgment creditor to request the court to declare the transaction void or request the competent authority to cancel documents related to the transaction.

Resolution Time Limit: After 15 days from the date of notification, if the judgment creditor does not make a request, the executor shall request the court to declare the transaction void or request the competent authority to cancel documents related to the transaction.

In cases where the executor requests the court to resolve the matters stipulated in Clause 1, Article 74 of this Law and Clauses 1, 2 of this Article for judgment execution, the executor is not liable for court fees or charges.

See more: 2014 Amended Law on Civil Judgment Execution.

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