Procedures for public disclosure of information of judgment debtors are unable to execute judgments in Vietnam

Procedures for public disclosure of information of judgment debtors are unable to execute judgments in Vietnam
Nguyen Thi Diem My

On August 14, 2023, the Minister of Justice issued Circular 04/2023/TT-BTP providing guidance on administrative management procedures and professional forms in the execution of civil judgments.

Principles for Public Disclosure of Information Regarding judgment debtors are unable to execute judgments in Vietnam

- The public disclosure of information regarding judgment debtors are unable to execute judgments in Vietnam must ensure accuracy, transparency, comprehensiveness, proper format, and adherence to the prescribed time frame.

- The head of the civil judgment execution agency who issues the decision on the inability to execute the judgment is responsible for the accuracy of the publicly disclosed information.

- The public disclosure of information regarding judgment debtors are unable to execute judgments in Vietnam as per the military court’s verdicts and decisions is carried out at the request of the enforcement agencies under the Ministry of Defense.

Content and Form of Public Disclosure of Information Regarding judgment debtors are unable to execute judgments in Vietnam

- The information regarding judgment debtors are unable to execute judgments in Vietnam includes: the name and address of the person obliged to execute the judgment; the judgment or decision to be executed; the enforcement decision; the obligation unable to be executed, and the reason for the inability to execute the judgment.

- The information about judgment debtors are unable to execute judgments in Vietnam is disclosed in the form of posting on the Civil Judgment Execution Portal/Website.

Procedures for public disclosure of information of judgment debtors are unable to execute judgments in Vietnam

Within 05 working days from the date of issuing the decision on the inability to execute the judgment, the Civil Judgment Execution Sub-Department prepares a list and sends it to the Civil Judgment Execution Department. The Civil Judgment Execution Department prepares its list and aggregates the lists from the subordinate Civil Judgment Execution Sub-Departments for public posting as prescribed.

The list of judgment debtors are unable to execute judgments in Vietnam follows the template in Appendix VII of Circular 04/2023/TT-BTP.

Circular 04/2023/TT-BTP takes effect on October 1, 2023, and replaces Circular 01/2016/TT-BTP dated February 1, 2016.

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