Cases of suspension and termination of judgment enforcement in Vietnam

Cases of termination of judgment enforcement in Vietnam

Pursuant to the provisions of Article 50 of the Law on Enforcement of Civil Judgments 2008 and Clause 22, Article 1 of the Law on Enforcement of Civil Judgments as amended in 2014, 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 obligations under the judgment or decision 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 decision 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 partially or wholly terminate rights and interests of the judgment creditor, under the judgment or decision, unless the judgment enforcement termination affects lawful rights and interests of the third party;

- The judgment or decision is partially or wholly quashed, except the case specified in Clause 2, Article 103 of this Law;

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

- There is a decision on judgment execution obligation exemption;

- The court has decided to open bankruptcy procedures for the judgment debtor;

- The minor who had been consigned to another person for nurturing under judgments or decisions dies or 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 specified above.

Cases of suspension and termination of judgment enforcement in Vietnam (Internet image) 

Cases of suspension of judgment enforcement in Vietnam

Pursuant to the provisions of Article 49 of the Law on Enforcement of Civil Judgments 2008, 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.

Mai Thanh Loi

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