Regulations on suspension and termination of civil judgment enforcement in Vietnam

Regulations on suspension and termination of civil judgment enforcement in Vietnam (Internet image)

1. Suspension of judgment enforcement in Vietnam

According to Article 49 of the Law on Enforcement of Civil Judgments 2008, the suspension of judgment enforcement in Vietnam is stipulated as follows:

- Heads of civil judgment enforcement agencies shall notify the judgment enforcement suspension upon receiving judgment enforcement decisions suspension of persons competent to protest against judgments or rulings according to cassation or re-opening procedures.

For judgments or rulings which have been partially or completely enforced, heads of civil judgment enforcement agencies shall promptly notify such in writing to protesters.

In the duration of judgment enforcement suspension due to protests, judgment debtors may bear no interest arising from the suspended judgment enforcement.

- Heads of civil judgment enforcement agencies shall issue judgment enforcement decisions suspension upon receiving courts’ notices of acceptance of applications for opening of bankruptcy procedures for judgment debtors.

The time limit for issuing a judgment enforcement decision suspension is 5 working days after the receipt of a court notice.

- Heads of civil judgment enforcement agencies shall issue a decision to continue judgment enforcement within 5 working days after the receipt of any of the following decisions:

+ A competent person’s decision to withdraw the protest;

+ A court’s cassation or re-opening ruling to uphold the protested judgment or ruling;

+ A court’s ruling on suspension of procedures for bankruptcy or resumption of business operation of an enterprise or cooperative falling into bankruptcy.

2. Termination of judgment enforcement in Vietnam

The termination of judgment enforcement in Vietnam under Article 50 of the Law on Enforcement of Civil Judgments 2008 (amended in 2014) is stipulated as follows:

- Heads of civil judgment enforcement agencies shall issue decisions to terminate judgment enforcement in the following cases:

+ The judgment debtor dies without estate or after his/her death, his/her obligation under the judgment or ruling must not be transferred, as prescribed by law, to his/her heirs;

+ The judgment creditor dies but his/her rights and interests under the judgment or ruling must not be transferred to his/her heirs or he/she dies without heirs;

+ Involved parties agree in writing or the judgment creditor requests in writing the civil judgment enforcement agency to discontinue the judgment enforcement, unless the judgment enforcement termination affects rights and legitimate interests of a third party;

+ The judgment or ruling is partially or wholly quashed;

+ The judgment debtor is an organization which has been dissolved and has no assets while, as prescribed by law, its obligation must not be transferred to another organization;

+ There is a decision on exemption from or reduction of the obligation to enforce the judgment;

+ A court has decided to open bankruptcy procedures for the judgment debtor;

+ The minor who had been consigned to another person for nurturing has become an adult.

- The time limit for issuing a judgment enforcement termination decision is 5 working days after there emerges a ground for judgment enforcement termination as prescribed

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE