Application of Assurance Measures and Enforcement of Civil Judgment Execution

Illustration (source: internet)

According to the regulations in Decree 62/2015/ND-CP, the Execution Officer shall apply measures to guarantee and enforce judgements in cases of implementing decisions on applying provisional urgent measures as stipulated in Article 130 of the Law on Civil Judgement Execution. Regarding the selection of appropriate measures to guarantee and enforce the execution, the Execution Officer shall be based on:

- The content of the judgement, decision; decision on execution of judgement;- The nature, level, and obligation of executing the judgement;- The condition of the person obligated to execute the judgement;- Written requests from the involved parties and the actual situation of the locality.

The application of measures to guarantee and enforce judgements must be commensurate with the obligation of the person obligated to execute the judgement and necessary costs, except as stipulated in Clause 4, Article 24 of Decree 62/2015/ND-CP. In case the person obligated to execute the judgement has only one asset that is significantly larger than the obligation and the asset cannot be divided or its division would significantly reduce its value, the Execution Officer still has the right to apply measures to guarantee and enforce the judgement.

It should be noted that, besides cases where enforcement is not organized according to the Law on Civil Judgement Execution, the civil judgement execution agency shall not organize enforcement involving force within 15 days before and after the Lunar New Year; on traditional days for policy subjects, if they are obligated to execute the judgement; or in other special cases that significantly affect security, politics, social order, safety, customs, and practices of the locality.

However, in necessary cases, the head of the civil judgement execution agency shall report to the Chairman of the People's Committee at the same level; the head of the judgement execution agency at the military zone level shall report to the Commander of the military zone or equivalent at least 5 working days before organizing enforcement of major, complicated cases affecting security, politics, social order, and safety in the locality in accordance with Clause 1, Article 172; Clause 2, Article 173; and Clause 2, Article 174 of the Law on Civil Judgement Execution.

Assets that have been physically delivered to the recipient and the recipient has signed the delivery and receipt report but are later reconfiscated will not be the responsibility of the civil judgement execution agency to re-deliver to the recipient.

The recipient of the asset has the right to request the People's Committee at the commune level where the asset is located to ask the person who reconfiscated the asset to return it. If the reconfiscating person does not return it, the recipient has the right to request the competent authority to handle administrative violations or prosecute criminal liability according to the law.

See more regulations at: Decree 62/2015/ND-CP effective from September 1, 2015.

Thu Ba

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