Contents
I. Judgements and rulings can be enforced
Pursuant to Article 2 Law on Enforcement of civil judgment, those judgments, and rulings of competent agencies that took legal effect can be enforced, including:
“a) Judgments and rulings or parts of judgments and rulings of first-instance courts against which are not appealed or protested against according to appellate procedures;
b) Judgments and rulings of courts of appeal;
c) Cassation or reopening trial rulings of courts;
d) Foreign courts’ civil judgments and rulings, and foreign arbitral awards, which have been recognized and permitted for enforcement in Vietnam by Vietnamese courts;
e) Competition case settlement decisions of the Council for settlement of competition cases, which are not voluntarily executed by involved parties within 30 days after they take legal effect or against which no lawsuits are initiated at court;
f) Awards of commercial arbitrations”.
Nonetheless, it should be noted that there are two cases where judgment enforcement needs to be enforced immediately and this exception applies only to the judgment or decision of the First-instance Court. First, the judgment or decision related to the request for alimony, payment of salary and bonus, severance or redundancy allowance, compensation for loss of working capacity or compensation for loss of life, health or injury mentally lost, acceptance of worker returning to work. Second, the decision to apply provisional urgent measures.
To sum up, when listed judgment, and decision take legal effect, they can be enforced in accordance with the requirement of the judgement creditor.
II. Case of postponement of judgment enforcement
Source of provisions: Article 48 Law on Enforcement of civil judgment (Consolidated document in 2020 issued by Congress Office)
* Case of postponement:
(1) The judgment debtor falls seriously ill as certified by the health establishment of the district or higher level; people lacking legal capacity or having limited legal capacity.
(2) Judgement has an unidentified address or cannot fulfill by obligation under the judgment or ruling for other plausible reasons.
(3) The involved parties can agree to postpone the judgment enforcement. Besides, parties may agree in writing that the judgment debtor shall bear interest on the property obligations during the suspension period. The agreement shall specify the period of suspension as well as enclose signatures of parties.
(4) Property accepted by the court or distrained by competent agencies, but has subsequently decreased in value to or below the sum of the amount of the obligation and the costs of enforcement.
(5) The judgment enforcement agency had a requirement and is waiting for the competent agency to interpret the judgment or decision or respond to the petition.
(6) The person receiving the property, the person assigned to take care of somebody was legally required for the second time to come and receive the property or adopt the person but does not perform.
(7) There is a force majeure event or an objective hindrance that the transfer of judgment enforcement rights and obligations cannot be carried out.
(8) Judgement creditor does not receive the property or the property cannot be auctioned.
* Attentions:
Firstly, during the temporary suspension of enforcement of the judgment, the judgement debtor shall not bear interest in the obligation to transfer assets.
Secondly, the deadline for the competent authority to decide on the suspension of enforcement of the judgment is five working days and there are conditions for temporary suspension. Additionally, the maximum period for the temporary suspension of enforcement of the judgment is three months from the date of the written request for suspension of enforcement. Furthermore, if there is no basis for the suspension of enforcement of the judgment, or if there is a written document from the competent authority rejecting the request for enforcement activities must be performed within a five-day working period.
Thirdly, in cases where the obligation to enforce the judgment can be transferred to another entity or the enforcement debtor has other assets to enforce the judgment, the enforcement of the judgment may not be suspended (as stipulated in Article 14 of Decree No. 62/2015/NĐ-CP).
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