Vietnam: Details of civil judgment enforcement costs (latest)

Details of civil judgment enforcement costs (latest) (Image from the Internet)

1. Details of civil judgment enforcement costs (latest)

According to Article 43 of Decree 62/2015/ND-CP of Vietnam's Government, the costs of civil enforcement are stipulated as follows:

* Other necessary costs as prescribed at Point c, Clause 3, Article 73 of the Civil Enforcement Law 2008 include:

- Costs for enforcement meetings organized by the executor with relevant agencies before conducting enforcement;

- Enforcement costs in cases where no money is collected from the debtor due to unsold seized assets as per Clause 3, Article 104 of the Civil Enforcement Law 2008; enforcement assets as per Article 90 of the Civil Enforcement Law 2008 but after price reduction, the value is equal to or less than the cost and guaranteed obligation; enforced assets are lost or lose their usage value; the debtor must deliver or return assets according to the judgment or decision but cannot afford the enforcement costs; the debtor must perform certain tasks but has left the place of residence or died without assets to pay the enforcement costs;

- Costs for the executor to verify and determine the value of assets before enforcement to apply the corresponding enforcement measures to the enforcement obligation, necessary costs for application according to Article 90 of the Civil Enforcement Law 2008;

- Costs for applying the temporary seizure of documents and papers of the debtor but no money is collected from the debtor to pay the costs;

- Costs for arranging interpreters and translators in case parties involved are foreigners or ethnic minorities in Vietnam who do not know Vietnamese;

- Costs when conducting enforcement but must be suspended according to points a, b, d, đ, Clause 1, Article 50 of the Civil Enforcement Law 2008;

- Enforcement costs already incurred if the competent agency cancels the enforcement.

* Compensation regime for those directly involved in enforcement and enforcement protection according to Clause 7, Article 73 of the Civil Enforcement Law 2008 is implemented as follows:

- Beneficiaries of compensation include executors, other officials engaged in enforcement, inspectors, police, militia; local government representatives, social organizations, neighborhood groups; village heads, village elders, and other forces mobilized to participate in enforcement activities;

- The compensation regime applies to activities verifying conditions for enforcement protection, directly implementing enforcement notifications, directly seizing and confiscating assets and documents, organizing enforcement meetings, valuation and re-valuation meetings of assets, selling assets in cases where no contract is signed with organizations having functions of asset auctioning; directly participating in enforcement if necessary;

2. Cases of exemption and reduction of costs for enforcement of civil judgments (latest)

Clause 1, Article 44 of Decree 62/2015/ND-CP stipulates that individuals can be considered for waiver or reduction of enforcement costs by the Head of the competent enforcement agency if they fall into one of the following cases:

- Having income not ensuring the minimum living standard for normal living or being in prolonged special difficult economic circumstances due to natural disasters or fires.

The minimum income level is determined according to the poverty standard prescribed in Clause 2, Article 22 of Decree 62/2015/ND-CP.

- Belonging to policy families, having meritorious services to the revolution.

- Belonging to lonely, disabled, or long-term sick categories.

3. Procedures for Requesting exemption and reduction of costs for enforcement of civil judgments (latest)

Clause 2, Article 44 of Decree 62/2015/ND-CP stipulates that debtors must submit a request for waiver or reduction of enforcement costs, clearly stating the reasons for the request.

Debtors with economic difficulties or belonging to lonely categories must have certification from the commune-level People's Committee where they reside or live, or certification from the head of the agency or organization where they receive income. Debtors who are policy families or have meritorious services to the revolution must have documents issued by competent agencies to prove. Debtors who are disabled or have long-term illness must have a medical record summary certified by medical facilities from the district level or higher.

Within 05 working days from the date of receipt of the application and accompanying documents from the litigant, the judgment enforcement agency.

To Quoc Trinh

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