To Whom It May Concern,If there is already a Court Decision but the defendant does not comply with the judgment, can I investigate the enforcement conditions of the defendant? And what is the verification procedure? – This is a question received by Thu Ky Luat from Ms. Kieu Diem in Binh Duong.
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How to Verify Conditions for Civil Judgment Enforcement? (Illustration)
Regarding Ms. Diem's issue, the editorial board of THU KY LUAT responds as follows:
According to Article 45 of the Law on Civil Judgment Enforcement 2008, the period for voluntary judgment enforcement is 10 days from the date the judgment debtor receives the enforcement decision or the decision is duly notified. If after these 10 days the defendant has not yet enforced the judgment, the executor shall verify within the next 10 days, and in the case of enforcing a decision on temporary urgent measures, verification must be carried out immediately.
If the defendant does not voluntarily enforce the judgment, the executor shall verify the conditions for enforcement. Moreover, you have the right to verify the conditions for enforcement yourself or delegate another person to do so, and can provide information on the assets, income, and conditions for enforcement of the defendant to the civil judgment enforcement agency. If the executor deems it necessary, or there are discrepancies between the executor's verification and yours, or if there is opposition from the People's Procuracy, re-verification must be conducted within 5 working days from the date of receiving the verification results you provided or the opposition from the People's Procuracy.
Procedure for Verifying Conditions for Civil Judgment Enforcement
Pursuant to Decree 62/2015/ND-CP, Decree 33/2020/ND-CP and Interministerial Circular 11/2016/TTLT-BTP-TANDTC-VKSNDTC, the procedure for verifying conditions for civil judgment enforcement is detailed as follows:
Step 1: The judgment debtor must honestly declare and provide complete information about assets, income, and conditions for enforcement. The declaration must clearly state the type, quantity of money, assets, or property rights; cash, money in accounts, money lent or borrowed; estimated value and condition of each type of asset; regular and irregular income levels, place of income payment; address, place of residence of minors assigned to others for upbringing; capability and conditions for fulfilling judgment enforcement obligations.
Step 2: The executor has the responsibility to:
- Specifically verify the assets, income, and other conditions for enforcement; for assets requiring registration of ownership, use rights or secured transactions, verification must also be done at the registering authority.- If verifying in writing, the written request must state the verification content and other necessary information.- If the judgment debtor is an agency or organization, the executor directly inspects assets, capital management books, assets; and verifies at related agencies or organizations managing, preserving, or storing information on the debtor's assets or accounts.- Request professional agencies or invite, hire experts to clarify necessary verification details when required.- Prepare a verification report detailing the verification results with certification from the People's Committee, police, or relevant agency, organization, or individual where verification is conducted. The report must specify whether the debtor declared assets, income, and conditions for enforcement. The executor must clearly state in the verification report whether the debtor declared their assets, income, and enforcement conditions.
Step 3: Handling verification results of enforcement conditions:
- If enforcement conditions are not met: Notify the judgment creditor in writing about the verification results. After two verifications showing that the judgment debtor still lacks enforcement conditions, the civil judgment enforcement agency must notify the creditor in writing about the results. Re-verification is conducted when new information about the enforcement conditions of the debtor emerges.- The civil judgment enforcement agency transfers the case to a separate monitoring register for unenforceable cases within 3 working days from meeting the necessary conditions.- Cases transferred to the Separate Monitoring Register:- The 2-year term has expired since issuing a decision on unenforceability for those serving a prison sentence of 2 years or more, or when the debtor's new address or residence is unidentifiable, or the 1-year term has expired since issuing a decision on unenforceability;- At least two verifications were conducted as stipulated in Clause 2, Article 44 of the Law on Civil Judgment Enforcement;- No new information about the debtor's enforcement conditions is available.
In this case, if the debtor gains enforceable status, the civil judgment enforcement agency must proceed with enforcement.
Verification Costs for Civil Judgment Enforcement
- The state budget covers the enforcement costs in cases specified in Point b, Clause 3, Article 73 of the Law on Civil Judgment Enforcement.- The remuneration for those directly performing verification is referenced in Clause 3, Article 8 of Circular 200/2016/TT-BTC.
Thus, in cases where the defendant does not voluntarily enforce the judgment, the executor must verify the enforcement conditions, or you can perform the verification yourself or delegate it to another organization or individual.
