Decree No. 33/2020/ND-CP amending the Decree No. 62/2015/ND-CP

DECREE

On amending and supplementing a number of Articles of the Government’s Decree No. 62/2015/ND-CP dated July 18, 2015 on detailing and guiding the implementation of a number of Articles of the Law on Enforcement of Civil Judgments

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Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

Pursuant to the Law on amending and supplementing a number of Articles of the Law on Enforcement of Civil Judgments dated November 25, 2014;

At the proposal of the Minister of Justice;

The Government hereby promulgates the Decree on amending and supplementing a number of Articles of the Government’s Decree’s No. 62/2015/ND-CP dated July 18, 2015 on detailing and guiding the implementation of a number of Articles of the Law on Enforcement of Civil Judgments.

Article 1. To amend and supplement a number of Articles of the Government’s Decree’s No. 62/2015/ND-CP dated July 18, 2015 on detailing and guiding the implementation of a number of Articles of the Law on Enforcement of Civil Judgments

1. To amend and supplement Clause 3, Article 3 as follows:

“3. After 01 year from the effective date of a court judgment or court decision, if the agency, organization or enterprise that is
judgment creditor does not request enforcement of the judgment, the direct managing agencies and organizations; the agency representing the owner of such agency, organization or enterprise shall provide instructions on requesting enforcement for the state-owned money, property.”

2. To amend and supplement Point b, Clause 3 and Point dd, Clause 4, Article 4 as follows:

a) To amend and supplement Point b, Clause 3, Article 4 as follows:

“b) The litigant does not receive a court judgment or court decision not because of their fault; the litigant is working in a bordering area or island and unable to request the enforcement on schedule; the litigant has an accident or disease that causes him/her to lose his/her consciousness; the litigant dies without an inheritor; an organization undergoes amalgamation, merger, division, separation, dissolution, transformation of its form, compulsory transfer, transfer of all shares or contributed capital without identifying another organization or individual entitled to request enforcement as prescribed by law or the litigant fails to request the enforcement before the deadline because of fault of the adjudicating authority, civil judgment enforcement authority or another organization or individual.”

b) To amend and supplement Point dd, Clause 4, Article 4 as follows:

“dd) In case of amalgamation, merger, division, separation, dissolution, transformation of its form, compulsory transfer, transfer of all shares or contributed capital, in order to be able to request a judgment enforcement to be enforced, an organization and individual is required to have a lawful document proving the unidentified time.”

3. To amend and supplement Clauses 2, 3 and 4, Article 5 as follows:

“2. Where the civil judgment enforcement authority has issued an enforcement order, the litigants are still entitled to reach an agreement on judgment execution. The agreement must be in writing and specify the time, location, agreement contents, time limit to execute the agreement, legal consequences for failure to implement it, and bear the involved parties’ signatures or confirmations. A litigant shall be responsible for the agreement contents that do not violate the prohibition of law, contrary to social ethics, is not true to the facts, affect the legitimate rights and interests of a third person or evade fees of judgment enforcement.

If the parties fail to implement the agreement, the civil judgment enforcement authority shall base on the contents of the judgment enforcement decision and the executed results as in the agreement or the litigant’ proposal to enforce the judgment, except for the cases as prescribed in Clause 3 of this Article.

3. Where the litigants reach an agreement to request the civil judgment enforcement authority not to implement part or all of the judgment enforcement decision, the head of the civil judgment enforcement authority shall issue a decision to suspend the implementation of part of or all of the decision in accordance with Point c Clause 1 Article 50 of the Law on Enforcement of Civil Judgments.

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