Subject Required to Execute Judgment has the Right to Transfer Judgment Execution Obligation

Subject Required to Execute Judgment has the Right to Transfer Judgment Execution Obligation
Le Hai

Amended Law on Enforcement 2014 has clearly stipulated the rights and obligations of the judgment debtor compared to the Law on Enforcement 2008, specifically:

The person subject to enforcement has the following rights:

- Voluntarily comply with enforcement; reach an agreement with the person receiving enforcement, or with those who have related rights and obligations, regarding the time, location, method, and content of enforcement; voluntarily hand over assets for enforcement;- By themselves or authorize another to request enforcement as prescribed by this Law;- Be informed about the enforcement;- Request the Court to determine and divide ownership, use of assets; request the Court to explain unclear points, correct spelling or factual mistakes; initiate civil proceedings to protect their legal rights and interests in case of disputes over assets related to enforcement;- Transfer the enforcement obligation to another person as prescribed by this Law;- Request a change of the Enforcer if there are grounds to believe the Enforcer is not impartial in their duties;- Be considered for exemption or reduction of the enforcement obligation; be considered for exemption or reduction of part or all of the enforcement costs as prescribed by this Law;- File complaints and denunciations about enforcement.

In addition to the rights stipulated above, the Law also defines the obligations of the person subject to enforcement to:

- Fully and promptly comply with the judgment or decision;- Honestly declare assets, and conditions for enforcement; provide all documents and papers related to their assets when requested by the competent authority and be legally responsible for the contents of their declaration;- Implement the decisions and requests of the Enforcer in enforcement; notify the civil enforcement agency of any changes in address or residence;- Bear the costs of enforcement as prescribed by this Law.

For more details, see Amended Civil Judgment Enforcement Law 2014 effective from July 01, 2015.

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