Procedures for coercive return of objects and houses in enforcement of civil judgments in Vietnam

Procedures for coercive return of objects and houses in enforcement of civil judgments in Vietnam (Internet image)

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

1. Procedures for coercive return of objects in enforcement of civil judgments in Vietnam

Procedures for coercive return of objects in enforcement of civil judgments according to Article 114 of the Law on Enforcement of Civil Judgments 2008 (amended 2014) are as follows:

- For specific objects, the coercive return shall be conducted as follows:

+ Enforcers shall request judgment debtors or current managers or users of these objects to return them to judgment creditors. If these persons fail to do so, enforcers shall seize and return these objects to judgment creditors;

+ In case the value of objects has decreased and judgment creditors refuse to receive them back, enforcers shall guide involved parties in reaching agreement on judgment enforcement. The judgment enforcement shall be conducted according to the agreement.

In case involved parties cannot reach agreement, enforcers shall coerce the return of objects to judgment creditors. Involved parties may institute lawsuits to request courts to settle the damage caused by the decreased value of returned objects;

+ In case objects no longer exist or are irreparably damaged and involved parties otherwise agree on judgment enforcement, enforcers shall conduct judgment enforcement according to the agreement.

In case involved parties cannot reach agreement, heads of civil judgment enforcement agencies shall issue decisions to return written requests for judgment enforcement. Involved parties may institute lawsuits to request courts to settle the damage caused by the non-existence or irreparable damage of returnable objects.

- For fungible objects, enforcers shall coerce the return thereof under judgments or rulings.

In case returnable objects no longer exist or are damaged or devalued, enforcers shall request judgment debtors to return fungible objects or pay the value of fungible objects, unless otherwise agreed by involved parties.

- In case judgment debtors or current managers or users of returnable objects are likely to disperse or destroy these objects, enforcers may promptly apply measures to secure judgment enforcement specified in Article 68 of the Law on Enforcement of Civil Judgments 2008.

2. Procedures for coercive return or handover of houses in enforcement of civil judgments in Vietnam

Procedures for coercive return or handover of houses in enforcement of civil judgments in Vietnam according to Article 115 of the Law on Enforcement of Civil Judgments 2008 are as follows:

- In case judgment debtors are obliged to return houses, enforcers shall compel judgment debtors and other persons present in these houses to get out, and at the same time request them to move by themselves their assets out of these houses.

If these persons fail to voluntarily abide by enforcers’ requests, enforcers shall request coercion forces to move them and their assets out of these houses.

In case owners refuse to receive their assets, enforcers shall make written records clearly stating the quantity, category and state of each kind of asset, and assign assets to organizations or individuals having conditions to preserve, or preserve these assets in warehouses of civil judgment enforcement agencies and notify the place and time to their owners for receiving them back.

- In case judgment debtors are intentionally absent though they have been notified of coercion decisions, enforcers shall conduct the coercion under Clause 1 of Article 115 of the Law on Enforcement of Civil Judgments 2008.

- Upon the expiration of a time limit of 3 months from the date of notification specified in Clause 1 of Article 115 of the Law on Enforcement of Civil Judgments 2008, if owners of preserved assets do not show up to receive, these assets shall be handled under Clause 2, Article 126 of the Law on Enforcement of Civil Judgments 2008, unless these owners have plausible reasons.

- The coercive return of construction works or architectural objects under judgments or rulings shall be conducted under Clauses 1, 2 and 3 of Article 115 of the Law on Enforcement of Civil Judgments 2008.

- In case of coercive handover of a house being the sole residence of a judgment debtor to a person who has purchased it through auction, if finding that the judgment debtor, after fulfilling judgment execution obligations, becomes unable to rent or to build a new home, the enforcer shall, before carrying out procedures for paying to the judgment creditor, retain a sum of money from the house sale proceeds for the judgment debtor to rent a home for one year at the average rent rate in the locality.

The remaining judgment execution obligation shall be performed under the Law on Enforcement of Civil Judgments 2008.

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