Statute of limitations and procedures for requesting judgment enforcement in Vietnam

Statute of limitations and procedures for requesting judgment enforcement in Vietnam (Internet image)

1. Statute of limitations for requesting judgment enforcement in Vietnam

Statute of limitations for requesting judgment enforcement are specified in Article 30 of the Law on Civil Judgment Execution 2008, amended in 2014 as follows:

-  Within 5 years after a judgment or ruling takes legal effect, the judgment creditor and judgment debtor may request a competent civil judgment enforcement agency to issue a judgment enforcement decision.

In case a time limit for fulfilling an obligation is set in the judgment or ruling, the 5-year statute of limitations will be counted from the date the obligation is due.

For judgments and rulings subject to periodical enforcement, the 5-year statute of limitations will apply to each period and be counted from the date the obligation is due.

- In case of postponement or suspension of judgment enforcement under this Law, the postponement or suspension duration will not be counted into the statute of limitations for requesting judgment enforcement, unless judgment creditors agree to allow judgment debtors to postpone the judgment enforcement.

- In case the judgment enforcement requesters can prove that he/she is unable to request judgment enforcement within the set time limit due to an objective obstacle or a force majeure circumstance, the duration when these objective obstacles or force majeure circumstance exists will not be counted into the statute of limitations for requesting judgment enforcement.

2. Written requests for judgment enforcement in Vietnam

- An involved party may directly request or authorize another person to request judgment enforcement by filing a written request, making an oral request or sending a written request by post. The judgment enforcement requester shall submit relevant judgments, decisions or documents.

The date of sending a written request for judgment enforcement is the date when the judgment enforcement requester files the written request or makes an oral request or the date when the postmark is affixed by the sending post office.

- A written request for judgment enforcement must have the following contents:

+ Full name and address of the requester;

+ Name of the civil judgment enforcement agency requested to enforce the judgment;

+ Full names and addresses of the judgment creditor and judgment debtor;

+ Contents of the judgment requested to be enforced;

+ Information on assets and judgment execution conditions of the judgment debtor, if any;

+ Date of making the request;

+ The signature or fingerprint of the requester. For a legal entity, its written request must bear the signature of its lawful representative and its seal, if any.

- In case the judgment enforcement requester makes his/her request orally, the civil judgment enforcement agency shall make a written record to record the contents specified in Clause 2 of Article 31 of Law on Civil Judgment Execution 2008, amended in 2014. This written record which must bear the signature of the record maker is valid as a written request for judgment enforcement.

- Upon receiving a written request for judgment enforcement, the civil judgment enforcement agency shall check the contents of the written request and enclosed documents, record it in the judgment enforcement request book and notify such in writing to the requester.

(Article 31 of Law on Civil Judgment Execution 2008, amended in 2014)

3. Rejection of written requests for judgment enforcement in Vietnam

In the following cases civil judgment enforcement agencies may reject a written request for judgment enforcement and shall, within 5 working days after receiving the request, notify such in writing to the requester:

- The requester has no right to request judgment enforcement or the contents of the written request for judgment enforcement are irrelevant to the contents of the judgment or decision concerned; no rights or obligations of involved parties arise in the course of enforcement of the judgment or decision concerned in accordance with this Law;

- The civil judgment enforcement agency requested to enforce the judgment is incompetent to do so;

- The statute of limitations for requesting judgment enforcement has expired

(Article 31 of Law on Civil Judgment Execution 2008, amended in 2014)

Diem My

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE