If land for judgment enforcement is in dispute, can judgment enforcement be postponed in Vietnam?

Bấm vào đây để xem bản dịch tiếng Việt của bài viết này Click HERE to see the Vietnamese translation of this article
Question date: 01/04/2023

If land for judgment enforcement is in dispute, can judgment enforcement be postponed in Vietnam? During the duration of judgment enforcement suspension, will judgment debtors have to bear interest arising from the suspended judgment enforcement in Vietnam? In which cases are decisions to terminate judgment enforcement issued in Vietnam?

Hello, my family is serving a civil judgment on compensation for damage, including a part of land for judgment enforcement, but this land is in dispute with others and has been approved by the Court. The case has been accepted and settled, so can I ask if this part of the land can be postponed for judgment enforcement? If the judgment enforcement party issues a decision to suspend judgment enforcement, will I have to bear interest arising from the suspended judgment enforcement? Please advise.

    • If land for judgment enforcement is in dispute, can judgment enforcement be postponed in Vietnam?

      Pursuant to Article 48 of the Law on Civil Judgment Execution 2008 as amended by Clause 21, Article 1 of the Law on Civil Judgment Execution, amended 2014 provides for postponement of judgment enforcement as follows:

      1. Heads of civil judgment enforcement agencies shall issue decisions to postpone judgment enforcement in the following cases:

      a/ The judgment debtor falls seriously ill as certified by a medical establishment of district or higher level, or has entirely or partially lost his/her civil act capacity under a court decision;

      b/ Judgment debtors’ addresses have not yet been identified, or judgment debtors cannot fulfill by themselves their obligations under the judgments or decisions for other plausible reasons;

      c/ Involved parties agree to postpone the judgment enforcement. The agreement on postponement must be made in writing, clearly stating the postponement duration and bearing signatures of involved parties. In this duration, the judgment debtor shall bear no interest arising from the postponed judgment enforcement, unless otherwise agreed by involved parties.

      d/ Assets for judgment enforcement are accepted by a court for handling under Articles 74 and 75 of this Law; the value of distrained assets defined in Article 90 of this Law is equal to or lower than enforcement expenses and secured obligations upon the reduction of their prices under regulation;

      dd/ The judgment enforcement is in the period for competent agencies to explain judgments and decisions and respond to recommendations of civil judgment enforcement agencies under Point b, Clause 2, Article 170 and Clause 2, Article 179 of this Law.

      e/ Asset recipients, persons assigned to nurture involved parties have been properly informed twice of the receipt of assets and to-be-nurtured persons but fail to show up to receive;

      g/ The transfer of rights and obligations for judgment enforcement according to Article 54 of this Law has not been made due to force majeure circumstances or objective obstacles;

      h/ Distrained assets cannot be sold and judgment creditors refuse to receive them for judgment execution under Clause 3, Article 104 of this Law.

      2. Heads of civil judgment enforcement agencies shall issue decisions on judgment enforcement postponement upon receiving requests of persons with protesting competence at least 24 hours before the time of coercive judgment enforcement set in coercion decisions. In case judgment enforcement agencies receive such requests less than 24 hours before the time of coercive enforcement set in decisions on coercive judgment enforcement, heads of civil judgment enforcement agencies may decide on judgment enforcement postponement when finding it necessary.

      For judgments which have been partially or completely enforced, civil judgment enforcement agencies shall promptly notify such in writing to judgment enforcement postponement requesters.

      Persons competent to protest against court judgments or rulings according to cassation or re­-opening procedures may request enforcement postponement only once for examination of their protests in order to avoid irremediable consequences.

      The maximum duration of judgment enforcement postponement requested by persons competent to protest against judgments or rulings is 3 months after the date of making written requests for judgment enforcement postponement. In this duration, judgment debtors may bear no interest arising from the postponed judgment enforcement.

      3. The time limit for issuing a judgment enforcement decision postponement is 5 working days after there emerges a ground as specified in Clause 1 of this Article. In the case specified in Clause 2 of this Article, a judgment enforcement decision postponement shall be promptly issued upon receipt of a competent person’s request.

      4. Within 5 working days after the ground for judgment enforcement postponement specified in Clause 1 of this Article no longer exists or the expiration of the duration of judgment enforcement postponement requested by competent persons defined in Clause 2 of this Article or the receipt of notices of non-existence of grounds for protest from persons with the protesting competence, heads of civil judgment enforcement agencies shall issue decisions to continue judgment enforcement.

      Thus, for real estate for judgment enforcement but is in dispute and has been accepted by the Court for settlement, the Heads of civil judgment enforcement agencies shall issue decisions on judgment enforcement postponement in Vietnam.

      During the duration of judgment enforcement suspension, will judgment debtors have to bear interest arising from the suspended judgment enforcement in Vietnam?

      According to Article 49 of the Law on Civil Judgment Execution 2008, suspension of judgment enforcement is as follows:

      1. Heads of civil judgment enforcement agencies shall notify the judgment enforcement suspension upon receiving judgment enforcement decisions suspension of persons competent to protest against judgments or rulings according to cassation or re-opening procedures.

      For judgments or rulings which have been partially or completely enforced, heads of civil judgment enforcement agencies shall promptly notify such in writing to protesters.

      In the duration of judgment enforcement suspension due to protests, judgment debtors may bear no interest arising from the suspended judgment enforcement.

      2. Heads of civil judgment enforcement agencies shall issue judgment enforcement decisions suspension upon receiving courts’ notices of acceptance of applications for opening of bankruptcy procedures for judgment debtors.

      The time limit for issuing a judgment enforcement decision suspension is 5 working days after the receipt of a court notice.

      3. Heads of civil judgment enforcement agencies shall issue a decision to continue judgment enforcement within 5 working days after the receipt of any of the following decisions:

      a/ A competent person’s decision to withdraw the protest;

      b/ A court’s cassation or re-opening ruling to uphold the protested judgment or ruling;

      c/ A court’s ruling on suspension of procedures for bankruptcy or resumption of business operation of an enterprise or cooperative falling into bankruptcy.

      Thus, during the period of suspension of judgment enforcement due to protests against judgments or rulings according to cassation or re-opening procedures, judgment debtors will bear no interest arising from the suspended judgment enforcement in Vietnam.

      In which cases are decisions to terminate judgment enforcement issued in Vietnam?

      In Article 50 of the Law on Civil Judgment Execution 2008, as amended by Clause 22, Article 1 of the Law on Civil Judgment Execution, amended 2014, termination of judgment enforcement is as follows:

      1. Heads of civil judgment enforcement agencies shall issue decisions to terminate judgment enforcement in the following cases:

      a/ The judgment debtor dies without estate or after his/her death, his/her obligations under the judgment or decision must not be transferred, as prescribed by law, to his/her heirs;

      b/ The judgment creditor dies but his/her rights and interests under the judgment or decision must not be transferred to his/her heirs or he/she dies without heirs;

      c/ Involved parties agree in writing or the judgment creditor requests in writing the civil judgment enforcement agency to partially or wholly terminate rights and interests of the judgment creditor, under the judgment or decision, unless the judgment enforcement termination affects lawful rights and interests of the third party;

      d/ The judgment or decision is partially or wholly quashed, except the case specified in Clause 2, Article 103 of this Law;

      dd/ The judgment debtor being an organization is dissolved and has no assets while, as prescribed by law, its obligation must not be transferred to another organization;

      e/ There is a decision on judgment execution obligation exemption;

      g/ The court has decided to open bankruptcy procedures for the judgment debtor;

      h/ The minor who had been consigned to another person for nurturing under judgments or decisions dies or has become an adult.

      2. The time limit for issuing a judgment enforcement termination decision is 5 working days after there emerges a ground for judgment enforcement termination specified in Clause 1 of this Article.

      Thus, Heads of civil judgment enforcement agencies must issue decisions to terminate judgment enforcement in the cases specified above in Vietnam.

      Best Regards!

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    RESPONSIBILITY INFORMATION
    Let GOOGLE support you