Decree No. 125/2013/ND-CP of October 14, 2013, amending and supplementing a number of articles of the Government’s Decree No. 58/2009/ND-CP of July 13, 2009, detailing and guiding a number of articles of the Law on Enforcement of Civil Judgments regarding procedures for enforcement of civil judgments

 THE GOVERNMENT

Decree No. 125/2013/ND-CP of October 14, 2013, amending and supplementing a number of articles of the Government’s Decree No. 58/2009/ND-CP of July 13, 2009, detailing and guiding a number of articles of the Law on Enforcement of Civil Judgments regarding procedures for enforcement of civil judgments

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 14, 2008 Law on Enforcement of Civil Judgments;

At the proposal of the Minister of Justice,

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 58/2009/ND-CP of July 13, 2009, detailing and guiding a number of articles of the Law on Enforcement of Civil Judgments regarding procedures for enforcement of civil judgments.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 58/2009/ND-CP of July 13, 2009, detailing and guiding a number of articles of the Law on Enforcement of Civil Judgments regarding procedures for enforcement of civil judgments:

1. To amend and supplement Article 4 as follows:

“Article 4. Receipt of judgment enforcement requests

1. Receipts must be issued or sent by post to request filers upon receipt of the requests.

2. Judgment enforcement requests must have all the details specified in Article 31 of the Law on Enforcement of Civil Judgments.

In case a judgment enforcement request neither has all the details as specified nor clearly indicates information on judgment enforcement conditions of the judgment debtor but no verification is required, the civil judgment enforcement agency shall, before issuing a judgment enforcement decision, notify such to the involved party for supplementation of the request. Within 15 days after receiving the notification, if the judgment creditor fails to supplement the judgment enforcement request or supplement contents not specified in Article 31 of the Law on Enforcement of Civil Judgments, the civil judgment enforcement agency shall not accept the request and issue a written reply to the involved party, except cases of force majeure circumstances or objective obstacles.  

3. Within 5 working days after receiving a judgment enforcement request, if having grounds for refusing the request, the civil judgment enforcement agency shall notify in writing the involved party of its refusal, clearly stating the reason.”

2. To amend and supplement Article 5 as follows:

“Article 5. Issuance of judgment enforcement decisions                               

1. The head of the civil judgment enforcement agency shall issue a common judgment enforcement decision for a judgment’s or ruling’s clauses to be proactively complied with by the judgment debtor, except the cases specified in Clauses 2 and 3 of this Article.

2. In case a judgment or ruling contains clauses on refund of money or assets to be proactively complied with by each of judgment debtors, the head of the civil judgment enforcement agency shall issue a judgment enforcement decision with regard to these clauses for each judgment creditor.

3. In case a judgment or ruling involves many judgment debtors that are obliged to proactively comply with many clauses, the head of the civil judgment enforcement agency shall issue a common judgment enforcement decision for all of these clauses for each judgment debtor, except the case specified in Clause 2 of this Article. 

4. In case of joint rights or joint obligations, the head of the civil judgment enforcement agency shall issue a common judgment enforcement decision for all parties having joint rights or obligations.

5. The head of the civil judgment enforcement agency shall issue a judgment enforcement decision for each judgment enforcement request. In case a judgment or ruling involves a judgment debtor that is obliged to execute the judgment for many judgment creditors and the involved parties file judgment enforcement requests at the same time, the head of the civil judgment enforcement agency may issue a common judgment enforcement decision for these requests.

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