Conditions on judgment execution obligation! exemption or reduction regarding state budget remittances in Vietnam

Conditions on judgment execution obligation exemption or reduction regarding state budget remittances in Vietnam

Pursuant to Clause 25, Article 1 of the Law Amending Law on Enforcement of Civil Judgments 2014, conditions on judgment execution obligation! exemption or reduction regarding state budget remittances are as follows:

(1) A judgment debtor may be considered for exemption from the judgment execution obligation if fully meeting the following conditions:

- Having no assets for judgment enforcement or having assets which are not allowed to be handled for judgment enforcement as prescribed by law, or having no income or having low incomes which can only ensure the minimum living standards for him/her and persons that he/she is responsible for nurturing;

- Past the time limit of 5 years after the issuance of judgment enforcement decisions regarding state budget remittances valued at under VND 2,000,000; or 10 years after the issuance of judgment enforcement decisions regarding state budget remittances valued at between VND 2,000,000 and under VND 5,000,000.

(2) Judgment debtors who have partially paid state budget remittances may be considered for exemption from the remaining part of their obligation if fully meeting the following conditions:

- Having no assets for judgment enforcement or having assets which are not allowed to be handled for judgment enforcement as prescribed by law, or having no income or having low incomes which can only ensure the minimum living standards for him/her and persons that he/she is responsible for nurturing;

- Past the time limit of 5 years after the issuance of judgment enforcement decisions in case the remaining obligation part is valued at under VND 5,000,000; or 10 years after the issuance of judgment enforcement decisions in case the remaining obligation part valued at between VND 5,000,000 and under VND 10,000,000.

(3) Judgment debtors who have partially paid state budget remittances and having no assets for judgment enforcement or having assets which are not allowed to be handled for judgment enforcement as prescribed by law, or having no income or having low incomes which can only ensure the minimum living standards for him/her and persons that he/she is responsible for nurturing shall be considered for reduction of part of their obligations if meeting one of the following conditions:

- Past the time limit of 5 years after the issuance of judgment enforcement decisions in case the remaining obligation part is valued at between VND 10,000,000 and VND 100,000,000, each reduction must not exceed a quarter of the remaining obligation part.

- Past the time limit of 10 years after the issuance of judgment enforcement decisions in case the remaining obligation part is valued at over VND 100,000,000, each reduction must not exceed one fifth of the remaining part and VND 50,000,000.

(4)  Judgment debtors who proactively paid part of court fees and fines, but suffer a prolonged difficulty-hit economic condition due to natural disasters, fire, accidents or illness which renders them unable to execute their remaining obligation part, or have accomplished feats, may be considered for exemption from execution of their remaining obligation part.

(5)  Judgment debtors specified in Clauses (1), (2) and (3) will be considered for judgment execution exemption or reduction for each judgment or decision only once a year.

The first-time judgment enforcement decision serves as a ground for determining the time limit for exemption from, or reduction of, judgment enforcement.

Conditions on judgment execution obligation! exemption or reduction regarding state budget remittances in Vietnam (Internet image) 

Dossiers of request for consideration of judgment execution obligation exemption or reduction regarding state budget remittances in Vietnam

Pursuant to Article 62 of the Law on Enforcement of Civil Judgments 2008, civil judgment enforcement agencies shall compile dossiers to request competent courts to consider judgment execution obligation exemption or reduction. Such a dossier comprises the following:

- A written request for consideration of judgment execution obligation exemption or reduction, made by the head of the civil judgment enforcement agency or the chairman of the procuracy in case of request for consideration of fine exemption or reduction;

- The court judgment or ruling or judgment enforcement decision of the civil judgment enforcement agency;

- A written record of verification of judgment execution conditions of the judgment debtor, made within 3 months before filing the request for exemption or reduction consideration;

- Other document proving the eligibility of the judgment debtor for consideration of judgment execution obligation exemption or reduction, if any;

- Written opinions of the procuracy at the same level in case the civil judgment enforcement agency requests the consideration of the judgment execution obligation exemption or reduction.

Mai Thanh Loi

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