Law No. 64/2014/QH13 dated November 25, 2014 of the National Assembly on Amending and Supplementing a Number of Articles of the Law on Enforcement of Civil Judgments

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ATTRIBUTE Law 64/2014/QH13 of National Assembly of the Socialist Republic of Vietnam date issued 25/11/2014

Law No. 64/2014/QH13 dated November 25, 2014 of the National Assembly on Amending and Supplementing a Number of Articles of the Law on Enforcement of Civil Judgments
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:64/2014/QH13Signer:Nguyen Sinh Hung
Type:LawExpiry date:Updating
Issuing date:25/11/2014Effect status:
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Fields:Civil

SUMMARY

TIME LIMIT FOR VOLUNTARY EXECUTION OF A JUDGMENT IS 10 DAYS

On November 25, 2014, the National Assembly issued the Law No. 64/2014/QH13 amending and Supplementing a Number of Articles of the Law on Enforcement of Civil Judgments. Under this Law, it amends on Time limit for voluntary execution of judgments. Specifically, the time limit for voluntary execution of a judgment is 10 days after the judgment debtor receives or is properly notified of, the judgment enforcement decision. In case of necessity to prevent judgment debtors from dispersing or destroying assets or otherwise shirking the judgment enforcement, enforcers may promptly apply measures specified in under this Law.

Another important content is regulation on judgment debtors who proactively paid part of court fees and fines, but suffer a prolonged difficulty-hit economic condition due to natural disasters, fire, accidents or illness which renders them unable to execute their remaining obligation part, or have accomplished feats, may be considered for exemption from execution of their remaining obligation part.

Besides, the Law also supplements regulations on verification of judgment execution conditions. In case judgment debtors are unable to execute judgments, enforcers shall verify judgment execution conditions at least once every 6 months. In case judgment debtors who are unable to execute judgments are serving imprisonment sentences with the remaining serving time of at least 2 years or new addresses or places where the judgment debtors reside cannot be identified, the verification must be conducted at least once a year. After two verifications, if the judgment debtors are still unable to execute judgments, civil judgment enforcement agencies shall notify in writing verification results to the judgment creditors. Re-verification shall be conducted only when having new information on the judgment debtors’ judgment execution conditions.

This Law takes effect on July 1, 2015.
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Effect status: Known

THE PRESIDENT
 
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 26/2014/L-CTN
Hanoi, December 8, 2014
 
 
ORDER
On the promulgation of law[1]
 
THE PRESIDENT OF
THE SOCIALIST REPUBLIC OF VIETNAM
 
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 91 of the Law on Organization of the National Assembly;
Pursuant to Article 57 of the Law on Promulgation of Legal Documents,
 
PROMULGATES
 
The Law Amending and Supplementing a Number of Articles of the Law on Enforcement of Civil Judgments,
which was passed on November 25, 2014, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.
 
President of the Socialist Republic of Vietnam
TRUONG TAN SANG


 
THE NATIONAL
ASSEMBLY
 
No. 64/2014/QH13
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
 
LAW
Amending and Supplementing a Number of Articles of the Law on Enforcement of Civil Judgments[2]
 
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 26/2008/QH12 on Enforcement of Civil Judgments.
Article 1
To amend and supplement a number of articles of the Law on Enforcement of Civil Judgments:
1. To amend and supplement Article 1 as follows:
“Article 1. Scope of regulation

This Law prescribes principles, order and procedures for enforcement of civil judgments and decisions, fines, confiscation of assets, retrospective collection of illicitly earned money and assets, handling of material evidences and assets, court fees and civil decisions involved in criminal judgments and decisions, property parts of administrative judgments and decisions of courts, bankruptcy settlement decisions of courts, decisions on settlement of competition cases related to assets of judgment debtors by the Council for settlement of competition cases, and awards and decisions of commercial arbitrations (below collectively referred to as judgments and decisions); the system of civil judgment enforcement organizations and enforcers; rights and obligations of judgment creditors and judgment debtors, and persons with related interests and obligations; tasks and powers of agencies, organizations and individuals in civil judgment enforcement activities.”


[1] Công Báo Nos 1171-1172 (30/12/2014)
[2] Công Báo Nos 1171-1172 (30/12/2014)

 

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SAME CATEGORY

Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice on amending Circular No. 05/2011/TT-BTP guiding registration and provision of information on secured transaction, contract and notification of property distrait for judgment enforcement by direct method, post, fax, email in property transaction registration center of secured transaction registration department of the ministry of Justice and Circular No. 22/2010/TT-BTP guiding the registration and provision of online information on secured transaction, contract and notification of property record for judgment enforcement

Circular No. 08/2014/TT-BTP dated February 26, 2014 of the Ministry of Justice on amending Circular No. 05/2011/TT-BTP guiding registration and provision of information on secured transaction, contract and notification of property distrait for judgment enforcement by direct method, post, fax, email in property transaction registration center of secured transaction registration department of the ministry of Justice and Circular No. 22/2010/TT-BTP guiding the registration and provision of online information on secured transaction, contract and notification of property record for judgment enforcement

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