Judgments and Decisions Enforceable in Vietnam: Latest Updates

I. Enforceable Judgments and Decisions

1. Judgments and decisions rendered by Courts regarding civil and bankruptcy matters; monetary fines, property confiscation, recovery of illicit money and assets, disposal of exhibits, property, and court fees, and the civil part in criminal judgments and decisions; the property part in judgments and decisions regarding administrative cases, including:

a) Legally effective judgments and decisions, comprising: first-instance judgments, decisions, or parts thereof that are not appealed or protested against under appellate procedures; appellate judgments and decisions; cassation and reopening decisions; decisions of the Supreme People's Court enforced in accordance with statutory regulations; civil judgments and decisions of foreign Courts and foreign arbitral awards that have been recognized and granted enforcement in Vietnam by Vietnamese Courts; decisions declaring bankruptcy;

b) Judgments and decisions to be enforced immediately, even if they may be appealed or protested against pursuant to the Civil Procedure Code;

c) Decisions on the application of provisional emergency measures.

2. Decisions on dealing with competition cases rendered by the Chairperson of the National Competition Commission or the Commission on Settlement of Competition-Restricting Cases; decisions settling complaints against decisions on dealing with competition cases rendered by the Chairperson of the National Competition Commission or the Competition Case Complaint Settlement Board that involve the property of the party subject to enforcement under the Competition Law.

3. Arbitral awards and decisions on the application of provisional emergency measures rendered by Arbitration Tribunals in accordance with the Law on Commercial Arbitration.

4. Decisions applying diversionary measures of compensation for damages issued by Investigation Agencies, People’s Procuracies, and People’s Courts pursuant to the Law on Juvenile Justice.

5. Other judgments and decisions enforceable in accordance with statutory regulations.

II. Principles of Civil Judgment Enforcement

1. Judgments and decisions prescribed in Article 2 of this Law must be respected by agencies, organizations, and all citizens. Related agencies, organizations, and individuals, within the scope of their responsibilities, shall strictly comply with the judgments and decisions and shall be held liable before the law for judgment enforcement.

2. Within the scope of their duties, powers, and obligations, agencies, organizations, and individuals are responsible for coordinating and implementing decisions on judgment enforcement, requests, and proposals from civil judgment enforcement agencies, civil judgment enforcement offices, Enforcement Officers, and Bailiffs.

3. A judgment debtor who has the conditions to enforce a judgment but fails to execute it voluntarily shall be subject to coercive judgment enforcement.

4. Any person who obstructs the organization of judgment enforcement; manages, possesses, or uses property subject to judgment enforcement; or attends to a person designated for handover to another for caregiving, who fails to comply with the requests of the civil judgment enforcement agency, may be subjected to coercion in accordance with this Law.

5. The interests of the State, and the legitimate rights and interests of the litigants and persons with related rights and obligations, shall be respected and protected by law.

6. The spoken and written language used in civil judgment enforcement is Vietnamese. Litigants and persons with related rights and obligations are entitled to use their spoken and written ethnic languages, provided that an interpreter is engaged. Where such a person belongs to an ethnic minority group and does not speak Vietnamese, or has a hearing, speaking, or visual impairment, the civil judgment enforcement agency or civil judgment enforcement office must arrange, or request the competent authority to arrange, an interpreter.

7. Litigants, agencies, organizations, or individuals who fail to comply with judgments or decisions, fail to execute decisions on judgment enforcement or the requests and proposals of civil judgment enforcement agencies, civil judgment enforcement offices, Enforcement Officers, or Bailiffs, or commit acts violating this Law shall—depending on the nature and severity of the violation—be subject to disciplinary action, administrative penalties, or criminal prosecution; where damage is caused, compensation must be made pursuant to statutory regulations.

III. Rights and Obligations of the Judgment Creditor

1. The judgment creditor has the following rights:

a) To select a civil judgment enforcement agency or a civil judgment enforcement office to request judgment enforcement in accordance with this Law;

b) To verify and provide information regarding the judgment debtor’s execution capacity;

c) To be notified of judgment enforcement proceedings in accordance with this Law;

d) To reach an agreement with other litigants and persons with related rights and obligations regarding the enforcement of the judgment;

đ) To petition the Court to determine and divide the ownership and right to use property subject to execution; to petition the Court to rectify and supplement the judgment or decision upon discovering obvious clerical errors, mistaken figures, or miscalculations; to request the Court to interpret ambiguous or unenforceable judgments or decisions; to initiate a civil lawsuit to protect their legitimate rights and interests in case of property disputes related to enforcement;

e) To request the application of security measures, coercive enforcement measures, or the partial/complete suspension of the enforcement decision under this Law;

g) To request the recusal/change of an Enforcement Officer where grounds establish that the officer is not impartial in performing their duties;

h) To request the civil judgment enforcement agency or civil judgment enforcement office to certify judgment enforcement results in accordance with the law. Requests for certification may be submitted digitally, filed in person, presented orally, or sent via postal service;

i) To transfer the right to judgment enforcement to another person;

k) To authorize another person to exercise their rights and perform their obligations;

l) To advance coercive enforcement expenses and be considered for exemption or reduction of enforcement fees pursuant to statutory regulations;

m) To file complaints and denunciations regarding judgment enforcement.

2. The judgment creditor has the following obligations:

a) To strictly comply with the judgment or decision;

b) To execute the decisions and requests of the civil judgment enforcement agency, Enforcement Officer, civil judgment enforcement office, and Bailiff during enforcement; to provide personal identification numbers, bank account numbers, or other payment instruments as requested;

c) To notify the civil judgment enforcement agency, Enforcement Officer, civil judgment enforcement office, or Bailiff of any change in address or residence;

d) To bear costs (if any) incurred when requesting agencies, organizations, or individuals to provide information under statutory regulations;

đ) To bear judgment enforcement fees and expenses pursuant to statutory regulations.

IV. Rights and Obligations of the Judgment Debtor

1. The judgment debtor has the following rights:

a) To select a civil judgment enforcement agency or a civil judgment enforcement office to request judgment enforcement in accordance with this Law;

b) The rights prescribed in Points c, d, đ, g, h, and m, Clause 1, Article 6 of this Law;

c) To transfer enforcement obligations to another person under this Law;

d) To authorize another person to request judgment enforcement, request certification of enforcement results, and in other authorized cases under this Law;

đ) To be considered for exemption from or reduction of judgment enforcement obligations, as well as enforcement fees and coercive expenses under statutory regulations.

2. The judgment debtor has the following obligations:

a) To fully and promptly execute the judgment or decision; to implement decisions and requests of the civil judgment enforcement agency, Enforcement Officer, civil judgment enforcement office, and Bailiff during enforcement;

b) To provide personal identification numbers; make honest declarations of accounts, assets, and execution capacity; supply complete information, documents, and records related to their assets upon request, and bear legal liability for such declarations and submissions;

c) To notify the civil judgment enforcement agency, Enforcement Officer, civil judgment enforcement office, or Bailiff of any change in address or residence;

d) To bear judgment enforcement fees and expenses pursuant to statutory regulations.

V. Rights and Obligations of Persons with Related Rights and Obligations

1. Persons with related rights and obligations have the following rights:

a) To be notified of and participate in enforcement proceedings relevant to them in accordance with statutory regulations;

b) The rights prescribed in Point đ and Point m, Clause 1, Article 6 of this Law.

2. Persons with related rights and obligations have the following obligations:

a) To execute the decisions and requests of the civil judgment enforcement agency, Enforcement Officer, civil judgment enforcement office, and Bailiff during enforcement;

b) To notify the civil judgment enforcement agency, Enforcement Officer, civil judgment enforcement office, or Bailiff of any change in address or residence;

c) To provide information pertinent to judgment enforcement as requested by the civil judgment enforcement agency, Enforcement Officer, civil judgment enforcement office, or Bailiff.

VI. Duties and Powers of the People's Courts in Civil Judgment Enforcement

1. The People's Courts have the following duties and powers:

a) To transfer judgments, decisions, and related dossiers/documents to civil judgment enforcement agencies in accordance with statutory regulations;

b) To respond within their jurisdiction to recommendations from civil judgment enforcement agencies or civil judgment enforcement offices regarding the review of court judgments or decisions under cassation or reopening procedures within statutory time limits;

c) To coordinate with relevant authorities in civil judgment enforcement;

d) To fulfill the responsibilities of the authority issuing judgments or decisions as provided in Article 13 of this Law;

đ) Other duties and powers prescribed by law.

2. The Supreme People's Court has the following duties and powers:

a) The duties and powers set forth in Clause 1 of this Article;

b) To demand civil judgment enforcement agencies or civil judgment enforcement offices to report enforcement results when deemed necessary;

c) To coordinate with the Ministry of Justice and the Ministry of National Defense in formulating legal normative documents on civil judgment enforcement and conducting aggregate reviews of enforcement activities;

d) To review under reopening procedures decisions granting exemption from or reduction of enforcement obligations pursuant to statutory regulations;

đ) To require People's Courts at all levels to resolve and respond to requests and recommendations from litigants, persons with related rights and obligations, civil judgment enforcement agencies, and civil judgment enforcement offices within statutory time limits.

Upon receiving feedback concerning impediments in responding to requests or proposals from civil judgment enforcement agencies or offices, the Supreme People's Court shall instruct lower People's Courts to resolve the matter;

e) To demand People's Courts at all levels to coordinate with civil judgment enforcement agencies and civil judgment enforcement offices in civil judgment enforcement;

g) To coordinate with the Ministry of Justice in establishing, interconnecting, sharing, and utilizing the civil judgment enforcement database; to guide People's Courts at all levels in receiving and transferring documents, case files, and information via digital environments.

2. The Central Military Court has the following duties and powers:

a) The duties and powers set forth in Clause 1 of this Article;

b) To review under reopening procedures decisions on exemption from or reduction of judgment enforcement obligations pursuant to statutory regulations.

3. Provincial-level People's Courts, Military Courts of Military Zones, and equivalents have the following duties and powers:

a) The duties and powers set forth in Clause 1 of this Article;

b) To resolve protests against decisions on exemption from or reduction of enforcement obligations regarding remittances to the state budget in accordance with the law;

c) To review under reopening procedures decisions on exemption from or reduction of enforcement obligations pursuant to statutory regulations.

4. Regional People's Courts and Regional Military Courts have the following duties and powers:

a) The duties and powers set forth in Clause 1 of this Article;

b) To review and decide on the exemption from or reduction of judgment enforcement obligations regarding remittances to the state budget;

c) To accept and promptly resolve requests from civil judgment enforcement agencies and litigants regarding the determination of property ownership/usage rights, division of assets, or settlement of ownership/usage disputes, and nullification of documents or transactions arising during enforcement within the Court's jurisdiction; where all conditions under the Civil Procedure Code are met, such matters shall be resolved under simplified procedures.

VII. Duties and Powers of the People's Procuracies in Civil Judgment Enforcement

1. The People's Procuracies shall supervise compliance with the law by the Courts, civil judgment enforcement agencies, Enforcement Officers, civil judgment enforcement offices, Bailiffs, and related agencies, organizations, and individuals in civil judgment enforcement.

In supervising civil judgment enforcement, the People's Procuracies shall exercise duties and powers under the Law on the Organization of People's Procuracies and this Law, remaining legally accountable for civil judgment enforcement supervision activities.

When supervising law compliance in resolving complaints and denunciations regarding civil judgment enforcement, the People's Procuracy is entitled to make demands and recommendations to civil judgment enforcement agencies, civil judgment enforcement offices, and responsible bodies, organizations, and individuals.

2. The Supreme People's Procuracy has the following duties and powers:

a) To coordinate with the Ministry of Justice and the Ministry of National Defense in formulating legal normative documents on civil judgment enforcement, exercise of power control, and prevention and combat of corruption and negativity in judgment enforcement and supervision activities;

b) To supervise and direct Procuracies at all levels in conducting supervision over civil judgment enforcement pursuant to statutory regulations;

c) To coordinate with the Ministry of Justice in conducting aggregate reviews of civil judgment enforcement operations;

d) To direct People's Procuracies at all levels to coordinate with competent People's Courts and local civil judgment enforcement agencies in reviewing, evaluating, identifying, and addressing cases where judgments or decisions are ambiguous or difficult to enforce;

đ) To coordinate with the Ministry of Justice in establishing, interconnecting, sharing, and utilizing the civil judgment enforcement database; to direct and instruct People's Procuracies at all levels in receiving and transferring documents, case files, and information via digital environments.

2. The supervisory competence of People's Procuracies at all levels in civil judgment enforcement corresponds to the power to issue protests and recommendations as provided in Clause 1, Article 112 of this Law.

VIII. Responsibilities of the Authority Issuing the Judgment or Decision

1. To ensure that judgments and decisions rendered are accurate, clear, specific, and reflective of practical realities.

2. To resolve and respond to requests and recommendations from litigants, persons with related rights and obligations, civil judgment enforcement agencies, and civil judgment enforcement offices within statutory time limits.

3. To issue written rectifications or supplements to judgments and decisions upon discovering obvious clerical errors, mistaken figures, or miscalculations, and to interpret ambiguous or unenforceable judgments and decisions within 30 days from the date of receiving a request from litigants, civil judgment enforcement agencies, or civil judgment enforcement offices; for complex cases, the response period shall not exceed 45 days. Where there are no grounds for rectification, supplementation, or interpretation, a written response stating the reasons must be issued.