Instructions for handling exhibits, assets, and certain issues related to fees and fines in the enforcement of civil judgments in Vietnam

Instructions for handling exhibits, assets, and certain issues related to fees and fines in the enforcement of civil judgments in Vietnam (Internet image)

1. Regulations on receiving and handing over exhibits and assets in the enforcement of civil judgments in Vietnam

According to Article 10 of Circular 04/2023/TT-BTP, the regulations on receiving and handing over exhibits and assets in the enforcement of civil judgments are as follows:

- The civil enforcement agency is responsible for receiving and preserving exhibits and assets transferred by the competent authority according to the decision to hand over exhibits by the People's Procuracy.

- The procedures for receiving and handing over exhibits and assets are carried out according to the provisions in Articles 122 and 123 of the Law on Civil Enforcement 2008. The transfer protocol for exhibits and assets must be prepared in four copies; the delivering party and the receiving party each keep one copy, the receiving party's accounting department keeps one copy, and one copy is kept in the enforcement file. In cases where there is no enforcement file, one copy is temporarily kept with the enforcement accounting department.

2. Guidelines for handling exhibits, assets, and certain issues related to fees and fines in the enforcement of civil judgments in Vietnam

According to Article 12 of Circular 04/2023/TT-BTP, the guidelines for handling exhibits, assets, and certain issues related to fees and fines in the enforcement of civil judgments are as follows:

- The head of the civil enforcement agency issues a decision to establish a Destruction Council for exhibits and assets according to the provisions in Article 125 of the Law on Civil Enforcement 2008, Article 33 of Decree 62/2015/ND-CP in the following cases:

+ Exhibits and assets that are required to be destroyed according to the judgment or decision.

+ Assets that cannot be sold or have become damaged and are no longer of value, as stipulated in Clause 3 of Article 126 of the Law on Civil Enforcement 2008.

+ Assets of the party subject to enforcement in cases of forced eviction, delivery of property, or transfer of land use rights, but the assets are damaged and the party does not accept or cannot determine the address.

The destruction of exhibits and assets must be recorded in a report, stating the condition of the exhibits and assets to be destroyed, the full names and signatures of the members of the Destruction Council. The report must be sent to the People's Procuracy, the same-level financial agency, and kept in the enforcement file.

- Regarding documents related to the assets, personal identification of the party concerned that have been returned according to the judgment or decision, if the party concerned does not come to collect them within one year from the date of notification, the Enforcement Officer shall proceed to transfer them to the issuing authority according to the provisions in Clause 3 of Article 126 of the Law on Civil Enforcement 2008.

- In cases where a decision on fees, fines, or seizure of exhibits and assets that have been enforced is subsequently found to have errors and a decision to revoke the decision on fees, fines, or seizure has been made, the civil enforcement agency shall prepare a file to request the same-level financial agency or the provincial-level financial agency where the enforcement agency is subordinate to proceed with the reimbursement of the money and assets already paid into the state budget, according to the provisions in Clause 4 of Article 124 of the Law on Civil Enforcement 2008.

If the amount of money or assets to be paid into the state budget exceeds the amount to be reimbursed, the civil enforcement agency shall directly offset the difference in order to proceed with the reimbursement.

The file requesting reimbursement includes:

+ Decisions on fees, fines, seizure of exhibits and assets, and decisions to revoke fees, fines, exhibits, and assets related to the amount of money and assets to be reimbursed.

+ Documents of money paid into the state budget according to the current regulations or related documents regarding the transfer of seized assets (if the civil enforcement agency pays money on behalf of the party and that amount is part of the total amount for multiple parties, a list stating the names of the parties must be attached to the payment document).

In cases where the money or assets paid into the state budget are not sufficient for direct offsetting, in addition to the above documents, a written request for the reimbursement of fees, fines, exhibits, and assets from the civil enforcement agency is required.

To Quoc Trinh

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