Decree 152/2024: Guiding the implementation of the Law on Enforcement of Civil Judgments

On November 15, 2024, the Government issues the Decree No. 152/2024/ND-CP on amending and supplementing a number of articles of 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.

Accordingly, the Decree No. 152/2024/ND-CP amends and supplements regulations on objective hindrance specified in Point b Clause 3 Article 4 as follows:

-  A case where a party does not receive a court judgment or court decision not because of such party’s fault;

- A party is working in a bordering area or island or must execute a decision of the competent state agency and unable to request the enforcement on schedule;

- The party has an accident or disease that causes him/her to lose his/her consciousness or the party dies without an inheritor;

- An organization undergoes consolidation, 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

- The party fails to request the enforcement before the deadline because of fault of the adjudicating authority, civil judgment enforcement authority or another agency or individual

- Another objective hindrance defined in Article 156 of the Civil Law.

At the same time, supplement Clause 7, Article 9, Decree 62/2015 on the regulations on verifying capacity for civil judgment enforcement as follows:

- The enforcement officers may carry out the verification of judgment enforcement conditions using the national database in accordance with law regulations.

- The verification results serve as one of the bases for organizing judgment enforcement in accordance with the law on enforcement of civil judgments.

Amend, supplement Clause 1, Article 12, Decree No. 62/2015 on the notification of judgment enforcement as prescribed in Articles 40, 41 and 42 of the Law on Enforcement of Civil Judgments shall be conducted for the first time.

In case the notified person agrees, from the second notification onwards, the civil judgment enforcement agency may make the notification via VNelD or the website of the provincial-level Civil Judgment Enforcement Department and the portal of the General Department of Civil Judgment Enforcement under the Ministry of Justice.

 If the notified person does not agree with such form of notification from the second time onwards, the civil judgment enforcement agency shall conduct the notification in accordance with the Law on Enforcement of Civil Judgments.