Cases of civil judgment enforcement agreement in Vietnam

Cases of civil judgment enforcement agreement in Vietnam (Internet image)

1. Judgment enforcement agreements is the right of the involved parties in Vietnam

Article 6 of the Law on Enforcement of Civil Judgments 2008 stipulates judgment enforcement agreements as follows:

- Involved parties may reach agreement on judgment enforcement, provided that agreement does not violate prohibitions prescribed by law and is not contrary to social morality. Outcomes of judgment enforcement under agreements will be recognized.

At the request of involved parties, enforcers shall witness the judgment enforcement agreement.

- In case involved parties fail to strictly comply with their agreement, they may request a civil judgment enforcement agency to perform the unperformed part of their obligations under the judgment or ruling.

2. Cases of civil judgment enforcement agreement in Vietnam

In Article 5 of Decree 62/2015/ND-CP, the cases of civil judgment enforcement agreement are as follows:

- Where the litigants have reached an agreement before requesting enforcement or before the civil judgment enforcement authority issues a decision, the agreement must be made in writing and specifies the time, location and bear the parties’ signatures or confirmations. 

Litigants shall voluntarily implement the agreement.

Where the judgment debtor fails to implement the agreement before expiration of the time limit for requesting enforcement, the judgment creditor is entitled to request enforcement of the unfulfilled obligations according to the judgment.

- Where the civil judgment enforcement authority has issued an enforcement order, the litigants are still entitled to reach an agreement. The agreement shall specify the time, location, legal consequences for failure to implement it, and bear the parties’ signatures or confirmations.

Where the parties fail to implement the agreement, the civil judgment enforcement authority shall enforce the judgment in accordance with Point c Clause 1 Article 50 of the Law on Enforcement of Civil Judgments 2008.

- Where the litigants reach an agreement to request the civil judgment enforcement authority not to implement part or all of the enforcement order, the head of the civil judgment enforcement authority shall issue a decision to suspend the implementation of part of or all of the decision in accordance with Point c Clause 1 Article 50 of the Law on Enforcement of Civil Judgments 2008, unless the agreement is illegal or immoral or impractical and thus affects the lawful rights and interests of a third party or is meant to avoid enforcement costs.

If such agreement is reached after property has been sold or delivered to another person to satisfy the judgment, it is required to obtain the buyer’s or recipient’s consent.

- The enforcement officer shall witness and sign the agreement at the request of the litigants in the cases specified in Clause 2 and Clause 3 of Article 5 of Decree 62/2015/ND-CP.

Where the agreement is illegal or immoral or impractical and thus affects the lawful rights and interests of a third party or is meant to avoid enforcement costs, the enforcement officer is entitled to refuse to sign it and issue a record which provides explanation.

The person who requests the enforcement officer to witness the agreement outside the premises of the civil judgment enforcement authority shall reimburse the civil judgment enforcement authority for reasonable costs.

Ngoc Nhi

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