When is it Permissible to Request a Change of Enforcement Officers?

The involved party has the right to request the replacement of the Enforcement Officer in the following cases:

- The Enforcement Officer has participated as the protector of the legitimate rights and interests of the involved party, or a witness in the same case;- The Enforcement Officer is delayed in handling the execution of the judgment;- There are other grounds to believe that the Enforcement Officer is not impartial in performing their duties.- Executes the judgment related to their own rights and interests and those of the following persons:- Spouse, biological children, adopted children;- Biological parents, adoptive parents, paternal grandparents, maternal grandparents, uncles, aunts, and siblings of the Enforcement Officer, or of the Enforcement Officer's spouse;- Nephews/nieces where the Enforcement Officer is their grandfather, grandmother, uncle, or aunt.

The request to replace the Enforcement Officer must be made in writing and sent to the Head of the civil judgment enforcement agency handling the case, clearly stating the reasons and grounds for the request for replacement.

In cases where the Enforcement Officer implementing the case is the Head of the civil judgment enforcement agency, the involved party shall send the written request to the Head of the civil judgment enforcement agency or the Head of the higher-level civil judgment enforcement management agency.

Within 05 working days from the date of receipt of the written request for the replacement of the Enforcement Officer, the Head of the civil judgment enforcement agency or the higher-level civil judgment enforcement management agency must consider and decide whether to replace the Enforcement Officer; if there are no grounds to replace the Enforcement Officer, a written response must be provided to the requester, clearly stating the reasons.

Legal Basis:

- Law on Civil Judgment Enforcement Amended 2014;- Law on Civil Judgment Enforcement 2008;- Decree 62/2015/ND-CP.

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