Contents and procedures for providing information on accounts and incomes of judgment debtors in Vietnam

Contents and procedures for providing information on accounts and incomes of judgment debtors in Vietnam
Trần Thanh Rin

What are the contents and procedures for providing information on accounts and incomes of judgment debtors in Vietnam? – Ngoc Tan (Khanh Hoa)

Contents and procedures for providing information on accounts and incomes of judgment debtors in Vietnam
Contents and procedures for providing information on accounts and incomes of judgment debtors in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Contents and procedures for providing information on the accounts and incomes of judgment debtors

According to Article 7 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN, the contents and procedures for providing information on the accounts and incomes of judgment debtors are as follows:

1.1. For the party requesting information in Vietnam

Procedures for requesting the provision of information shall comply with the provisions of Clause 3, Article 1, of Decree 125/2013/ND-CP amending and supplementing Decree 58/2009/ND-CP detailing and guiding the implementation of a number of articles of the Law on Civil Judgment Execution on civil judgment enforcement procedures.

A written request for information provision shall be signed by a competent person as prescribed in Article 4 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN and must contain the following contents:

- Reason for providing information (specify name, number, date of judgment, decision, or judgment enforcement decision);

- Information to be provided (specify the type of information, name and address of the account holder, and income to be provided);

- Time limit for providing information (in accordance with Article 6 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN);

- Location of information provision;

- Purpose of using the information;

- Other relevant information.

Authority to request information

Heads of civil judgment enforcement agencies and enforcers have the right to request agencies or organizations that are managing the accounts of judgment debtors; agencies, organizations, employers, and social insurance where the judgment debtors receive salaries, wages, pensions, allowances, and other lawful incomes, provide information on the accounts and incomes of judgment debtors for civil judgment enforcement.

1.2. For the party receiving the request for information in Vietnam

The provision of information must be done in writing by the competent person specified in Article 5 of the Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN.

A document providing information must fully contain the following contents:

- Time to provide information;

- Location of information provision;

- Detailed content of the information provided;

- Purpose of using the information provided;

- The representative of the supplier and the party providing the information;

- Those involved in information dissemination;

- Witnesses (if any).

Authority to provide information

The general director, Director, legal representative, or authorized person of the agency or organization that is managing the account of the judgment debtor; agencies, organizations, employers, and social insurance where civil judgment debtors receive salaries, wages, pensions, allowances, and other lawful incomes are responsible for considering and deciding on the provision of information according to the provisions of the law.

2. Responsibilities of the parties in providing information about the account and income of the judgment debtor in Vietnam

According to Article 8 of Joint Circular 02/2014/TTLT-BTP-BTC-BLDTBXH-NHNNVN, the responsibilities of the parties in providing information about the account and income of the judgment debtor are as follows:

- Responsibilities of the party receiving the information request:

+ The information provided must be truthful, accurate, and correct.

In case the request for information supply cannot be satisfied, the requesting party must send a written notice clearly stating the reason to the requesting party within 03 working days from the date of receipt of the request;

+ Confidentiality of the provision of information and information provided to prevent acts of property dispersal and evasion of judgment enforcement by judgment debtors and related organizations and individuals;

+ Maintaining records related to the provision of information, including: written requests for information provision, documents providing information, and other documents related to the provision of information.

- Responsibilities of the party requesting information:

+ Confidentiality of the information provided and only use information and documents for the right purposes;

+ Storing documents related to the provision of information in judgment enforcement dossiers in accordance with law, including: written requests for information, documents providing information, and other documents related to the provision of information.

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