DECREE

PRESCRIBING THE PROCEDURES FOR, COERCION OF, AND SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN, THE EXECUTION OF CIVIL JUDGMENTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the January 14, 2004 Ordinance on Execution of Civil Judgments;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Justice Minister,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

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Article 2.- Interpretation of terms

1. "Judgment creditors" mean individuals or organizations enjoying the rights and interests stated in the judgments or decisions executed under the Ordinance on Execution of Civil Judgments.

2. "Judgment debtors" mean individuals or organizations that must perform the obligations stated in the judgments or decisions executed under the Ordinance on Execution of Civil Judgments.

3. "Persons with related rights and obligations" mean individuals or organizations with the rights and obligations related to the judgment execution under the Ordinance on Execution of Civil Judgments.

4. "Representatives" in the execution of civil judgments mean representatives at law or authorized representatives, who exercise the rights and perform the obligations of judgment creditors, judgment debtors or persons with rights and obligations related to the judgment execution.

5. "Statute of limitations for requesting judgment execution" means the time limit during which judgment creditors and judgment debtors are entitled to request judgment-executing bodies to organize judgment execution; past this time limit, they shall lose their requesting right, unless otherwise provided for by law.

Article 3.- Transfer of judgment execution rights and obligations

1. Where judgment creditors or debtors are organizations which are consolidated, merged, divided, separated, go bankrupt, or are equitized, the exercise of the right to request judgment execution or the continued performance of the judgment-executing obligations shall be effected on the following principle:

a/ For the case of consolidation or merger, the new organizations shall continue to exercise the right to request judgment execution or continue to perform the judgment-executing obligations, unless otherwise provided for by law;

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If the division or separation decisions do not define the obligations of the new organizations, after such division or separation, the new organizations shall have to bear joint responsibility for performing the judgment-executing obligations of the divided or separated organizations;

c/ For the case of dissolution, the agencies competent to issue dissolution decisions must inform the judgment-executing bodies of their decisions before issuing them. The judgment-executing bodies shall have to coordinate with the agencies competent to issue dissolution decisions in handling the dissolved organizations' assets for judgment execution. Where the dissolved organizations' judgment execution rights or obligations are transferred to other organizations, the latter shall continue to exercise the right to request judgment execution or continue to perform the judgment-executing obligations.

Judgment-executing bodies, judgment creditors, persons with related rights and obligations may request competent bodies or courts to reconsider dissolution decisions according to law provisions.

If the dissolved organizations have no assets left after executing illegal dissolution decisions, the agencies which have issued such illegal dissolution decisions shall have to perform for the dissolved organizations the obligation corresponding to such assets;

d/ Where judgment debtors are organizations which are equitized, before being equitized, they must fulfill their judgment-executing obligations. If the judgment execution rights and/or obligations of such organizations are transferred to other organizations, the latter shall continue to exercise the right to request judgment execution or continue to perform the judgment-executing obligations;

e/ Where the judgment debtors are organizations which go bankrupt, the judgment execution rights and obligations shall comply with the bankruptcy declaration decisions.

2. Where judgment creditors and debtors are deceased individuals, their judgment execution rights and obligations shall be transferred to other persons according to law provisions on inheritance.

If judgment creditors and debtors are deceased but their judgment execution rights and obligations are not transferred to other persons, judgment-executing bodies shall issue judgment execution stoppage decisions according to the provisions of Clause 1, Clause 2, Article 28 of the Ordinance on Execution of Civil Judgments.

3. In the cases prescribed in Clause 1 and Clause 2 of this Article, the organizations or individuals that are transferred the judgment execution rights or obligations may file written judgment execution requests or must continue to perform the judgment-executing obligations under the provisions of the Ordinance on Execution of Civil Judgments and this Decree.

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Regarding other judgment execution decisions and notices, judgment-executing bodies shall, on a case-by-case basis, keep unchanged, revoke or issue other appropriate decisions and/or notices according to law provisions.

Article 4.- Financial supports for judgment execution

1. The State budget shall provide supports for judgment debtors that are organizations operating totally with funds allocated from the State budget only when the judgment execution greatly affects such organizations in the performance of their assigned tasks, causes them to stop their operation or dissolve, or affects security, defense or public order.

2. The central budget shall provide supports for judgment debtors that are units funded by the central budget; local budgets shall provide supports for judgment debtors that are units funded by local budgets.

3. Judgment debtors being organizations stated in Clause 1 of this Article must take necessary financial measures to execute judgments according to law provisions. If they are still unable to execute judgments after having taken necessary financial measures, such organizations must request in writing their immediate superior managing agencies to consider financial supports for judgment execution.

The competence to decide on support levels, procedures for providing financial supports from the State budget for judgment execution shall comply with the provisions of the State Budget Law and its guiding documents.

4. Judgment debtors being organizations that receive financial supports from the State budget for judgment execution shall have to recover and remit into the State budget money amounts and property which the damage inflictors must compensate according to law provisions.

The Finance Ministry shall assume the prime responsibility for, and coordinate with the Justice Ministry in, promulgating regulations on financial supports from the State budget for judgment execution.

Article 5.- Agreement on judgment execution

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2. Where the cases are executed by judgment-executing bodies, executors shall make written records clearly stating the agreement contents. If the involved parties fail to voluntarily execute the agreement contents, the judgment-executing bodies shall organize the execution according to the contents of the judgments or decisions.

Where the involved parties reach an agreement not to request the judgment-executing body to execute part or whole of a judgment or decision, the judgment-executing body shall make a written record on the agreed content and issue a decision to stop the judgment execution with regard to the part not requested for judgment execution according to the provisions of Clause 3, Article 28 of the Ordinance on Execution of Civil Judgments. If such agreement is reached after the property in question is sold or transferred to another person for judgment execution in strict accordance with law provisions, the consent of the purchaser or transferee of such asset must be obtained if the judgment is to be enforced under the provisions of Article 44 and Article 48 of the Ordinance on Execution of Civil Judgments.

Article 6.- Written judgment execution requests

1. Requests for judgment execution and proposition for voluntary judgment execution (called collectively judgment execution request) must be expressed in writing; if such written requests are made in languages other than Vietnamese, there must be Vietnamese translations notarized by competent authorities.

2. A written judgment execution request shall contain the following principal contents:

a/ The full names and addresses of the judgment creditor(s), judgment debtor(s) and person(s) with related rights and interests; date of making of the written judgment execution request;

b/ Contents requested for judgment execution; contents not requested for judgment execution. The requested contents must be compatible with the judgment or decision to be executed;

c/ The serial number of the judgment or decision; date of its issuance; the judgment- or decision-issuing court; the decision-issuing arbitration body; the property and income situation and residential place of the judgment debtor(s) and other necessary information (if any).

3. If the judgment creditors or judgment debtors personally express their judgment execution requests at the judgment-executing bodies, the judgment-executing bodies must make records clearly stating the above-said contents, which are signed or fingerprinted by the requesters and signed by the record-making officials. Such records shall substitute the written judgment execution requests.

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Article 7.- Statute of limitations for requesting judgment execution

1. The statute of limitations for requesting judgment execution prescribed in Clause 1, Article 25 of the Ordinance on Execution of Civil Judgments shall start from the date the judgments or decisions take legal effect. Where a decision or judgment has not yet taken legal effect but is promptly executed, the statute of limitations shall still start from the date the decision or judgment takes legal effect.

The statute of limitations for requesting judgment execution shall apply only to the cases where judgment execution is enforced at written requests.

The date of sending of written judgment execution requests by the involved parties shall be the date of the postmark (if requests are sent by post), the date the involved parties submit their requests at the judgment-executing bodies (if the involved parties personally submit their requests at the judgment-executing bodies) or the date the involved parties personally orally express their judgment execution requests at the judgment-executing bodies.

2. The following cases shall be considered force majeure events or objective obstacles which make it impossible to file judgment execution requests in due course:

a/ Judgment creditors, judgment debtors receive no judgments or decisions and this is not due to their fault;

b/ Judgment creditors, judgment debtors cannot request judgment execution in due course because of work requirements, medical treatment, natural calamities, fires or other objective obstacles;

c/ Judgment creditors, judgment debtors are deceased but their heirs have not been identified yet; organizations are consolidated, merged, divided, separated, dissolved or equitized but new organizations or individuals entitled to request judgment execution have not been identified yet;

d/ It is due to the fault of the adjudicating bodies, judgment-executing bodies or other bodies that the judgment creditors cannot file their requests in due course.

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Judgment debtors shall have the right to prove that the statute of limitations for judgment execution request has expired.

Article 8.- Verification of judgment execution conditions

1. Judgment-executing bodies shall be responsible for verifying the execution conditions of judgment debtors. Local administrations, ownership and use right registration agencies, security transaction registration agencies and concerned organizations and individuals must create conditions and supply necessary information according to law provisions for judgment-executing bodies to verify the involved parties' judgment execution conditions.

If judgment debtors have no property for execution, they must make written reports thereon, with certification by the commune-level People's Committees of the places where they reside or by the organizations where they work or their incomes are managed that they have no property for judgment execution. Judgment creditors shall have the right to prove that judgment debtors have property for judgment execution.

2. Judgment debtors shall be considered having no conditions yet for performing their property obligations in the following cases:

a/ They have no incomes or low incomes which only meet their and their families' minimum subsistence; have no property at the time of verification or have property of nominal value, which is insufficient or only sufficient for covering judgment execution expenses, have property which, as prescribed by law, must not be handled for judgment execution or unsalable property, common property which is not yet divided, or, for other objective reasons, cannot be handled for judgment execution;

b/ They meet with prolonged special economic difficulties caused by natural calamities, fires, accidents or ailments.

3. Judgment debtors shall be considered having no conditions yet for performing the obligations which, under judgments or decisions, they have to perform on their own if they are being seriously ill or if they cannot perform such obligations for other objective reasons.

Chapter II

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Article 9.- Receipt of judgments, decisions; receipt of written judgment execution requests

1. Judgment-executing bodies must make entries in the judgment and decision receipt books immediately after receiving court judgments or decisions. Judgment and decision receipt books must be clearly recorded with the contents of judgments or decisions; contents of the property distraint or custody records and exhibit seizure records (if any). When transferring their judgments or decisions to judgment-executing bodies, courts shall also have to hand over exhibits and property kept in custody (if any) to judgment-executing bodies.

2. Judgment-executing bodies must make entries in judgment execution request receipt books and issue to the requesters request-receipt cards immediately after receiving the involved parties' judgment execution requests. Judgment execution request receipt books must be clearly recorded with the contents of judgment execution requests.

3. Where judgment execution requests are not properly made as prescribed in Article 6 of this Decree, judgment-executing bodies shall guide judgment execution requesters to make written requests as prescribed.

Where the cases do not fall under their judgment execution decision-issuing jurisdiction, judgment-executing bodies shall guide the requesters to come to competent judgment-executing bodies according to the provisions of Article 21 of the Ordinance on Execution of Civil Judgments.

Where there are grounds for determining that written judgment execution requests are made after the expiry of the statute of limitations, the heads of judgment-executing bodies shall issue decisions to reject such requests.

Article 10.- Issuance of judgment execution decisions

1. The heads of judgment-executing bodies shall issue a common judgment execution decision for all provisions subject to active execution in a judgment or decision. For provisions on return of property or refund of legal fee advances, the heads of judgment-executing bodies shall issue a judgment execution decision for each involved party.

The heads of judgment-executing bodies shall issue a judgment execution decision for each written judgment execution request. For complicated cases where there is one judgment debtor but there are many judgment creditors, the heads of judgment-executing bodies may issue a common judgment execution decision for many written judgment execution requests.

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2. After issuing judgment execution decisions, the judgment-executing bodies must make entries in the judgment execution enforcement books.

Judgment execution shall start from the date of issuance of judgment execution decisions.

3. Judgment and decision receipt books, judgment execution request receipt books, judgment execution enforcement books and other books related to judgment execution shall be made according to forms set by the Justice Ministry.

Article 11.- Judgment execution entrustment principles

1. Judgment execution shall only be entrusted to judgment-executing bodies of the localities where judgment debtors reside, work, have property or head offices.

2. Where there are many judgment debtors who reside in different localities or their properties are located and incomes are generated in different localities, different judgment execution components shall be entrusted to judgment-executing bodies in such localities, except for the performance of joint obligations.

3. The judgment execution entrustment is effected among judgment-executing bodies, regardless of their operation localities and of whether they are civil or military judgment-executing bodies.

4. District-level judgment-executing bodies must not entrust judgment execution to provincial-level judgment-executing bodies in the same localities.

Article 12.- Competence to issue judgment execution entrustment decisions

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a/ To entrust provincial-level judgment-executing bodies of other localities to execute the following cases:

- To execute judgments or decisions regarding the reinstatement of laborers or the payment of damages by judgment debtors that are State agencies of provincial or higher level;

- To execute judgments or decisions involving foreign elements or related to intellectual property rights;

- To execute judgments or decisions on bankruptcy declaration; decisions of Vietnam Trade Arbitration;

- To execute judgments or decisions under which many judgment debtors with joint responsibilities live in different urban districts, rural districts, towns and/or provincial cities in the provinces where judgment execution is entrusted to.

b/ To entrust military zone-level judgment-executing bodies to execute cases prescribed at Point a, Clause 1 of this Article but falling under the executing jurisdiction of military zone-level judgment-executing bodies;

c/ To entrust district-level judgment-executing bodies to execute other cases, except for the cases prescribed at Points a and b, Clause 1 of this Article.

2. The heads of district-level judgment-executing bodies may entrust the execution of cases falling under their executing jurisdiction to provincial-level judgment-executing bodies, military zone-level judgment-executing bodies or district-level judgment-executing bodies of other localities.

3. The heads of military zone-level judgment-executing bodies may entrust the execution of cases falling under the executing jurisdiction to other military zone-level judgment-executing bodies, provincial-level judgment-executing bodies or district-level judgment-executing bodies.

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1. Before entrustment, judgment-executing bodies must complete the handling of properties kept in custody, exhibits transferred from courts, distrained properties directly related to the entrusted work for judgment execution. Where the handling of these properties may be difficult, prolonged or they deem that the property value is insufficient for judgment execution, they may entrust judgment-executing bodies of the places where there are sufficient conditions for execution before the handling of such properties completes.

Where judgment-executing bodies have issued judgment execution decisions but later deem that entrustment is necessary, they must issue decisions to revoke part or whole of judgment execution decisions and entrust the execution to the places where conditions for execution are available.

2. Entrustment decisions must clearly state the entrusted work, provisions which have been completely executed, provisions which need to be further executed and information necessary for the performance of the entrustment.

Entrustment decisions must be enclosed with judgments, decisions, copies of property distraint or custody records. Where they must entrust execution to many places, judgment-executing bodies may make duplicates of judgments or decisions, affix their stamps thereon and send them to the entrusted judgment-executing bodies.

Within three working days as from the date of receiving the entrustment, the entrusted judgment-executing bodies must notify in writing the entrusting judgment-executing bodies thereof.

3. When deeming that judgment debtors have no property, residence or do not work or have no head-offices in their localities, the entrusted judgment-executing bodies shall handle such cases as follows:

a/ If the entrusting judgment-executing bodies issue execution decisions on their own initiatives, the entrusted bodies must further entrust the execution to judgment-executing bodies of the places where conditions for execution are available;

b/ If judgment-executing bodies issue judgment execution decisions at the written requests of judgment creditors, the entrusted judgment-executing bodies shall issue decisions to return the written requests to the involved parties and guide them to send their written requests (together with the written request return decisions and relevant documents) to the judgment-executing bodies of the places where conditions for execution are available. The judgment-executing bodies of the places where conditions for execution are available must issue judgment execution decisions according to the involved parties' written requests.

4. Entrustment decisions must be sent to the courts which have transferred judgments or decisions and the people's procuracies of the same level, the people's procuracies of the places where entrustment is accepted, judgment creditors, judgment debtors and persons with related rights and obligations.

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1. In case of active judgment execution, the time limit for judgment execution postponement prescribed at Point c, Clause 1, Article 26 of the Ordinance on Execution of Civil Judgments shall be no more than ninety days, counting from the date of issuance of judgment execution postponement decisions; where judgment debtors are serving imprisonment sentences or their whereabouts are not identified yet, the postponement time limit may exceed ninety days. Judgment-executing bodies must issue decisions to continue judgment execution if they detect that judgment debtors have conditions for judgment execution during the judgment execution postponement period or at the expiry of the judgment execution postponement period.

2. Where distrained properties involve disputes which are being settled by courts, the judgment execution postponement time limit shall start from the date the courts receive the cases to the time the court judgments or decisions on the settlement of such disputes take effect.

3. In case of judgment execution at judgment debtors' written requests, judgment-executing bodies shall accept the judgment execution postponement proposals of judgment creditors only when they obtain the judgment debtors' consent.

The involved parties' requests for, or consent on, judgment execution postponement must be expressed in writing, clearly indicating the requested contents and judgment execution postponement periods and containing the involved parties' signatures.

When the judgment execution postponement conditions no longer exist, the heads of judgment-executing bodies shall issue decisions to proceed with judgment execution.

4. In case of judgment execution postponement prescribed in Clause 2, Article 26 of the Ordinance on Execution of Civil Judgments, the judgment execution postponement request must be notified in writing to judgment-executing bodies, clearly stating the judgment execution postponement time limits. Written judgment execution postponement requests must be signed by persons competent to lodge protests. Where written requests are available but they must be promptly notified by telephone or telegraph, the serial numbers and dates of the written requests, their contents and signees must be notified to the judgment-executing bodies that execute such cases.

Upon receiving judgment execution postponement requests, within one working day, judgment-executing bodies must issue judgment execution postponement decisions.

Where they receive judgment execution postponement requests while the coercive judgment execution is taking place, if deeming that the stoppage of the coercive judgment execution will seriously affect the interests of the State, legitimate rights and interests of the involved parties, the judgment-executing bodies shall continue taking the coercive judgment execution measures but must immediately notify such to the judgment execution postponement requesters and their superior judgment-executing bodies. If the cases have been executed in part or completely, within three working days as from the date of receiving such written requests, the heads of the judgment-executing bodies that have organized the execution must notify in writing the judgment execution postponement requesters thereof.

Upon receiving competent persons' documents stating that there are no grounds for consideration of protests against judgments or decisions according to cassation or reopening procedures or if past the judgment execution postponement time limit, judgments or decisions are not protested against or judgment execution is not suspended under the provisions of Article 27 of the Ordinance on Execution of Civil Judgments, the heads of judgment-executing bodies shall issue decisions to proceed with judgment execution and notify in writing the judgment execution postponement requesters thereof.

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1. In case of judgment execution suspension prescribed in Clause 1, Article 27 of the Ordinance on Execution of Civil Judgments, the heads of judgment-executing bodies must issue judgment execution suspension decisions when receiving the courts' notices on the opening of procedures for settling bankruptcy declaration claims. The time limit for judgment execution suspension shall be the time limit for the courts' settlement of bankruptcy declaration claims.

Judgment-executing bodies shall not issue judgment execution suspension decisions but continue executing judgment execution decisions related to the obligation to provide alimonies, pay salaries, wages, severance allowances, job-loss allowances, social insurance premiums; pecuniary compensations for life loss or health damage prescribed at Points a, b and c, Clause 1, Article 51 of the Ordinance on Execution of Civil Judgments. The money sums collected from judgment execution, after being used to pay the above-said amounts, shall be further kept by judgment-executing bodies pending the availability of the courts' settlement results.

2. In case of judgment execution suspension according to protest decisions issued by competent persons prescribed in Clause 2, Article 27 of the Ordinance on Execution of Civil Judgments, judgment-executing bodies shall issue notices on the suspension.

In case of necessity, the request for judgment execution suspension prescribed in Clause 2, Article 27 of the Ordinance on Execution of Civil Judgments may be notified by telephone or telegraph to judgment-executing bodies regarding the serial numbers and dates of the written protests, their major contents and signees. Judgment-executing bodies must suspend the judgment execution upon receiving the notices and within one working day after receiving such notices must issue notices on judgment execution suspension.

Notices on judgment execution suspension must be sent to the involved parties, the people's procuracies of the same level and protestors.

3. The heads of judgment-executing bodies shall issue decisions to continue judgment execution in the following cases:

a/ There are competent persons' decisions to withdraw the protests;

b/ The courts cease the settlement of bankruptcy claims of enterprises or cooperatives being judgment debtors;

c/ The courts' cassation or reopening decisions to uphold the protested judgments or decisions.

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1. Where cassation decisions amend or cancel the judgments or decisions which are being executed, for re-trial according to first-instance or appellate procedures, the judgment-executing bodies shall issue decisions to cease the execution of the previous judgments or decisions and issue decisions to execute the judgments or decisions which are currently legally valid.

The Justice Ministry shall coordinate with the Supreme People's Court and the Supreme People's Procuracy in guiding the restoration of the rights and obligations of the parties in cases where cassation decisions amend or cancel the already executed decisions or judgments.

2. The disclamation of legitimate rights and interests of judgment creditors in judgments or decisions must be expressed in writing according to law provisions. Judgment-executing bodies shall issue decisions to cease judgment execution with regard to amounts over which judgment creditors disclaim their rights and interests. In this case, judgment creditors shall afterwards have no right to request the resumption of judgment execution.

Article 17.- Handling of confiscated properties

1. For confiscated properties being weapons, explosives, radioactive substances, military technical equipment and means or objects belonging to historical or cultural relics, judgment-executing bodies shall take initiative in issuing judgment execution decisions under the provisions of Article 22 of the Ordinance on Execution of Civil Judgments. Within 15 days after issuing judgment execution decisions, judgment-executing bodies must carry out procedures to deliver such properties to State bodies for management according to law provisions.

2. For confiscated properties other than those prescribed in Clause 1 of this Article, judgment-executing bodies shall take initiative in issuing judgment execution decisions under the provisions of Article 22 of the Ordinance on Execution of Civil Judgments. Within 15 days after issuing judgment execution decisions, judgment-executing bodies must carry out procedures to deliver such properties to finance agencies for management according to law provisions.

3. The delivery and receipt of properties prescribed in Clause 1 and Clause 2 of this Article must be reflected in written records, describing in detail the properties and signed by the deliverers and recipients.

Article 18.- Judgment execution exemption and reduction for legal fees and fines

1. Judgment debtors shall be considered having no property, income or other conditions for judgment execution when they meet one of the conditions prescribed at Point a (excluding the cases where judgment debtors have common properties which have not yet been divided or properties which cannot be handled for objective reasons for judgment execution) or Point b, Clause 2, Article 8 of this Decree.

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2. The following cases shall be considered for judgment execution exemption:

a/ Judgment debtors meet all conditions prescribed in Clause 1, Article 32 of the Ordinance on Execution of Civil Judgments and Clause 1 of this Article and have to pay the remaining judgment execution sum of VND twenty million or less;

b/ For persons sentenced to pecuniary penalties, who had actively served part of their penalties but then fell into such prolonged special economic plights caused by natural calamities, fires, accidents or ailments that they are unable to pay the remaining pecuniary penalties or recorded great exploits, the judgment execution exemption shall comply with the provisions of Clause 2, Article 58 of the Penal Code.

3. Judgment execution reduction shall be considered when judgment debtors meet all conditions prescribed in Clause 1, Article 32 of the Ordinance on Execution of Civil Judgments and Clause 1 of this Article in the following cases:

a/ If the remaining judgment execution sum is between over VND twenty million and VND five hundred million, judgment execution reduction shall be considered but each reduction shall not exceed half of the remaining judgment execution sum;

b/ If the remaining judgment execution sum is between over VND five hundred million and VND one billion, judgment execution reduction shall be considered but each reduction shall not exceed one third of the remaining judgment execution sum;

c/ If the remaining judgment execution sum is over VND one billion, judgment execution reduction shall be considered but each reduction shall not exceed one fifth of the remaining judgment execution sum.

4. Judgment execution exemption and reduction shall be considered once every quarter in a year but each judgment debtor shall be considered for exemption or reduction only once a year.

5. Judgment-executing bodies that are processing the cases shall compile dossiers for consideration of judgment execution exemption or reduction, including also the cases already transferred to commune-level People's Committees for execution supervision.

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The Justice Ministry shall coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Public Security Ministry and the Finance Ministry in guiding judgment execution exemption and reduction procedures.

Chapter III

COERCIVE MEASURES

Article 19.- Principles for application of coercive judgment execution measures

1. Executors may only apply coercive measures prescribed in Article 37 of the Ordinance on Execution of Civil Judgments.

2. Coercive judgment execution measures shall be applied only after the expiry of the time limit for voluntary judgment execution, except for the cases where coercive measures need to be immediately applied as prescribed in Clause 2, Article 7 of the Ordinance on Execution of Civil Judgments.

Coercive execution shall not be allowed during the time prescribed in Clause 3, Article 7 of the Ordinance on Execution of Civil Judgments; fifteen days before and after the Lunar New Year Day; and traditional days for policy beneficiaries who are judgment debtors, and other cases prescribed by the Justice Minister.

3. The applied coercive measures must correspond to the obligations of judgment debtors.

4. Executors shall base themselves on the contents of judgments or decisions; nature and extent of judgment execution obligations; conditions of judgment debtors; the involved parties' proposals as well as the practical situation of localities to apply appropriate coercive judgment execution measures.

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1. Judgment debtors' other lawful incomes other than salaries, retirement allowances or working capacity-loss allowances prescribed in Clause 1, Article 40 of the Ordinance on Execution of Civil Judgments, are incomes of employees or workers in economic organizations; incomes of cooperative members; bonuses and other lawful incomes which they receive from organizations or individuals that are managing such incomes.

The minimum subsistence levels for judgment debtors and persons whom judgment debtors are obliged to provide alimonies for or to nurture shall be determined on the basis of the practical conditions of each locality where they live.

2. The coercive measure to subtract incomes prescribed in Article 40 of the Ordinance on Execution of Civil Judgments shall be also applied to the case where judgment debtors have no other property for judgment execution.

Article 21.- Distraint, hand-over of properties

1. Before issuing property distraint decisions, executors shall request the property ownership and use right registration agencies to supply information on the judgment debtors' property ownership and use rights; request the security transaction registration agencies to supply information on whether or not the to be-distrained properties are being used as security for the performance of the judgment debtors' obligations or whether or not the properties the judgment debtors are managing or using are financial hire-purchase properties. Within five working days, the above-said agencies must reply in writing to executors regarding these requests.

2. When distraining properties, executors must provisionally calculate the values of to be-distrained properties for distraint corresponding to judgment execution obligations and pay judgment execution expenses. For the provisional calculation of the values of distrained properties, executors shall base themselves on market prices and may, at the same time, consult functional agencies and the involved parties.

3. In case of distraining locked dwelling houses or packed things, executors shall request judgment debtors or persons who are using or managing such properties to unlock or unpack them; if judgment debtors or persons who are using or managing the properties refuse to abide by or are deliberately absent, executors shall make records (with at least two witnesses and with the participation of representatives of commune-level People's Committees and people's procuracies of the same level) on unlocking or unpacking such properties for examination, specifically enumerating all properties, then distrain them according to law provisions.

Where judgment debtors, judgment creditors or persons with related rights and obligations are serving imprisonment sentences, executors shall notify them of judgment execution decisions and notices through prison superintendents. The imprisoned persons may authorize other persons to exercise their rights or perform their obligations related to judgment execution according to law provisions.

4. When detecting that third persons are keeping judgment debtors' properties, executors shall request such persons to hand such properties to judgment-executing bodies for judgment execution. If third persons fail to voluntarily abide by judgment-executing bodies' requests, executors shall issue decisions to coercively distrain such properties for judgment execution.

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When distraining properties over which there are disputes which have not yet been brought by the involved parties to court for settlement, executors shall guide the involved parties to initiate lawsuits to protect their interests. Past ninety days, counting from the date they are guided, if the involved parties fail to initiate lawsuits, executors shall continue handling such properties for judgment execution (except for the cases the involved parties cannot initiate lawsuits within the prescribed time limit due to objective obstacles prescribed in Article 2, Article 7 of this Decree).

5. Where distrained properties are subject to ownership or use right registration or security transaction registration, when issuing decisions to distrain such properties, executors must immediately notify the property distraint to the following agencies:

a/ Land use right registration offices, agencies with competence to register assets attached to land, for the case of distraint of land use right, assets attached to land;

b/ Vietnam Aviation Administration, for the case of distraint of aircraft;

c/ Regional sea-going ship and crew registration agencies, for the case of distraint of sea-going ships;

d/ The Road Traffic Police Department; Road Traffic Police Sections, for the case of distraint of road motorized traffic means;

e/ Registration agencies under the National Security Transaction Department of the Justice Ministry, for the case of distraint of properties other than those prescribed at Points a, b and c of this Clause, except for distrained properties which are of small value or have been assigned to individuals or organizations that have conditions for preservation or are preserved in judgment-executing bodies' storehouses.

f/ Other agencies with competence to register ownership and use rights according to law provisions.

6. As from the time of receiving notices on distraint of properties, property ownership and use right registration agencies shall not register the transfer of such properties, unless otherwise prescribed by law.

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Within three working days as from the date of release of distrained properties or completion of the sale or hand-over of distrained properties for judgment execution, judgment-executing bodies must notify such to the property ownership and use right registration agencies or security transaction registration agencies prescribed in Clause 5 of this Article.

7. The coercive hand-over of houses or transfer of land use rights prescribed in Article 54 of the Ordinance on Execution of Civil Judgments shall also apply to the case of division of common properties.

Article 22.- Properties not to be distrained

1. Where judgment debtors are individuals, judgment-executing bodies shall not distrain the following properties for judgment execution:

a/ Food quantities for essential needs of judgment debtors and their families during the time they have no incomes or new harvested products; medicine quantities for disease prevention and treatment needs of judgment debtors and their families;

b/ Necessary ordinary labor tools used as main or sole living means of judgment debtors and their families, such as plows, rakes, hoes, shovels, pack-bicycles, cyclos, and tools of small value;

Valuable labor tools like motorcycles, automobiles, vessels, plowing machines, grinding machines and other valuable tools shall be still distrained by executors for sale for judgment execution and part of the proceeds therefrom shall be left for judgment debtors to buy substitute labor tools of lower value;

c/ Necessary clothes and ordinary personal belongings of judgment debtors and their families according to the minimum standards of each locality, such as cooking pots, bowls and plates, furniture, and other ordinary articles of small value. Such daily-life items or personal belongings as television sets, refrigerators, air-conditioners, washing machines, computers, gold rings, beds, wardrobes and valuable articles shall still be distrained by judgment-executing bodies for ensuring judgment execution;

d/ Ordinary worshiping objects according to local practices.

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a/ Medicines, means, tools and assets of health, medical examination and treatment establish-ments, except for those which are circulated for business purposes; food, foodstuffs, tools and properties in service of mid-shift meals of laborers;

b/ Nurseries, school buildings, equipment, means and articles belonging to these establishments, if they are not circulated by enterprises for business purposes;

c/ Equipment, means and tools to ensure labor safety, fire prevention and fighting, environmental pollution prevention and control;

d/ Important infrastructure in service of public interests, security and defense;

e/ Materials and raw materials, finished and semi-finished products being hazardous and dangerous chemicals or properties banned from circulation;

f/ Volumes of materials, raw materials and semi-finished products currently lying in closed production chains;

g/ Other special cases prescribed by the Justice Minister after consulting the Finance Minister.

3. For State agencies, political organizations, socio-political organizations, socio-professional organizations (called collectively agencies, organizations) operating with State budget capital, judgment-executing bodies shall not distrain properties directly allocated from the State budget but request such agencies, organizations to propose in writing competent agencies to provide financial supports for judgment execution according to the provisions of Article 33 of the Ordinance on Execution of Civil Judgments and Article 4 of this Decree.

Where agencies, organizations have revenues from other lawful activities, judgment-executing bodies shall distrain properties originated from such revenues for judgment execution, excluding the following properties:

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b/ Nurseries, school buildings, equipment, means and articles belonging to these establishments, if they are not circulated by agencies or organizations for business purposes;

c/ Equipment, means and tools to ensure labor safety, fire prevention and fighting, environmental pollution prevention and control;

d/ Office buildings.

Article 23.- Valuation of properties

1. After the distraint, if the involved parties can reach agreement on the value of distrained properties, executors shall make written records clearly stating such agreement and containing the signatures of the involved parties.

The time limit for the involved parties to reach agreement on the value of properties is five days as from the date such properties are distrained. For fresh and raw, perishable properties, when distraining them, the involved parties must immediately reach agreement on their value.

2. Executors shall set up valuation councils with the composition prescribed in Clause 2, Article 43 of the Ordinance on Execution of Civil Judgments and the executors as their heads in order to value the distrained properties when the involved parties fail to reach agreement on their value or when the participation of experts is required for the property valuation. In case of necessity, executors may hire or solicit expertise of the properties' values. When requested by executors, professional agencies must appoint their professional staff to take part in the valuation.

Professional agencies' representatives in the valuation councils are persons who have professional or technical qualifications relevant to the to be-valued properties and are professionally managed by competent agencies. If the to be-valued properties are dwelling houses, the valuation councils must have members who are representatives of house and land management agencies and construction management agencies.

The property valuation councils shall base themselves on the market prices at the time of valuation and the professional opinions of property-expertising agencies or organizations to value properties. They shall decide on the value of properties by majority; where divergent opinions on the value of properties are equal in numbers, the side sharing the opinion of the council's head shall be the basis for determining the reserve prices for selling the properties. Members of the valuation councils may reserve their opinions and propose the heads of judgment-executing bodies to re-consider the valuation.

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3. The settlement of complaints about property valuation shall comply with the provisions of the Ordinance on Execution of Civil Judgments regarding the settlement of complaints about judgment execution.

Article 24.- Re-valuation of properties

The re-valuation of properties prescribed at Point a and Point b, Clause 5, Article 43 of the Ordinance on Execution of Civil Judgments shall be conducted as follows:

1. The property valuation shall be considered having breached procedures in one of the following cases:

a/ The valuation council is not properly composed according to regulations;

b/ The involved parties are not properly notified to take part in the property valuation;

c/ Regulations on property prices are wrongly applied to properties having their prices uniformly managed by the State;

d/ Serious errors are committed in the classification or determination of the value percentages of properties;

e/ Other cases prescribed by law.

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a/ The property prices see fluctuations of 20% or more, for properties valued at under VND 100 million;

b/ The property prices see fluctuations of 10% or more, for properties valued at between VND 100 million and under VND one billion;

c/ The property prices see fluctuations of 5% or more, for properties valued at VND one billion or more.

3. The involved parties may propose judgment-executing bodies to re-consider the prices when there are price fluctuations before the notices on property auctions are made public. Judgment-executing bodies shall base themselves on the market prices and prices supplied by price management agencies to determine whether or not there are price fluctuations and decide on the re-valuation.

Article 25.- Preservation of properties for judgment execution

1. Judgment-executing bodies shall preserve properties for judgment execution according to judgments or decisions. Where judgments or decisions do not identify persons responsible for preserving the properties, the property preservation shall be as follows:

a/ Distrained properties shall be assigned to judgment debtors, owners or their relatives for preservation;

b/ If distrained properties are not being preserved by judgment debtors or owners, they shall be assigned to persons who are using or managing them for preservation;

c/ If judgment debtors, persons who are using or managing properties, or judgment debtors' relatives refuse to preserve the distrained properties or they allegedly show signs of dispersing or destroying such properties or obstructing the judgment execution, the distrained properties shall, on a case-by-case basis, be assigned to individuals or organizations with preservation conditions or be preserved at the judgment-executing bodies' storehouses.

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a/ Where they are subject to confiscation into public funds but not handled yet, executors shall deposit them in State treasuries of the same level according to general regulations;

b/ Where they are distrained to secure the performance of financial obligations, executors must complete procedures to deposit these properties at banks.

Article 26.- Sale of distrained properties

1. For types of distrained properties prescribed in Clause 1, Article 47 of the Ordinance on Execution of Civil Judgments, within ten working days as from the date of valuation, judgment-executing bodies must carry out procedures to sign contracts with auction organizations to authorize them to sell such properties.

For localities where auction organizations have not yet been established or for difficult-to-access, distant places, the heads of judgment-executing bodies shall consider and decide that their judgment execution bodies shall auction properties for judgment execution and take responsibility for such decisions.

The procedures for auction of distrained properties shall comply with the Government's regulations on property auction.

2. For properties valued at VND five hundred thousand or less or perishable properties prescribed in Clause 2, Article 47 of the Ordinance on Execution of Civil Judgments, executors shall organize the sale thereof in the presence of witnesses without having to go through auction procedures.

For fresh and raw, perishable properties, if nobody offer higher prices, executors shall sell them at the pre-determined prices or prices agreed upon by the involved parties. If such properties are unsalable, to prevent them from perishing, executors may sell them at prices lower than the prices already agreed upon by the involved parties or the pre-determined prices. If such properties cannot be sold though, executors shall return them to judgment debtors. If judgment debtors refuse to receive while such properties go bad and become valueless, executors shall organize the destruction thereof as prescribed in Article 36 of the Ordinance on Execution of Civil Judgments.

3. The following persons must not participate in buying properties on sale for judgment execution:

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b/ Other cases prescribed by law.

4. The settlement of complaints about, and denunciations against, the auction of properties by auction organizations shall comply with the Government's regulations on property auction.

The settlement of complaints about, and denunciations against, the auction of properties by judgment-executing bodies shall comply with the provisions of the Ordinance on Execution of Civil Judgments regarding the settlement of complaints about, and denunciations against, judgment execution.

Article 27.- Order of payment of judgment execution money

1. The payment of judgment execution money prescribed in Article 51 of the Ordinance on Execution of Civil Judgments shall be made on the following principles:

a/ Judgment execution money collected under coercive judgment execution decisions shall be paid to judgment creditors that have filed written requests by the time such coercive judgment execution decisions are issued. If there are many judgment creditors, the priority order of payment to them shall follow the payment order prescribed in Article 51 of the Ordinance on Execution of Civil Judgments. If there are many judgment creditors in the same priority order, the collected judgment execution money shall be paid to these creditors in proportion to the money sums they are entitled to from judgment execution;

b/ The remaining sum (if any) shall be paid to judgment creditors under other judgment execution decisions issued by the time of payment in the priority order prescribed in Article 51 of the Ordinance on Execution of Civil Judgments.

2. Where a judgment involves many judgment creditors but only some of them file written judgment execution requests and the judgment debtors' properties are insufficient for performing their property obligations under such judgment, when handling the proceeds from the property sale, the judgment-executing body shall temporarily deduct and deposit at a bank part of such proceeds which is in proportion to the amount which judgment creditors who have not made written judgment execution requests shall receive. The judgment-executing body shall issue a notice fixing a time limit of no more than one month for such judgment creditors to exercise their right to file their written judgment execution requests. Past this notified time limit, if the judgment-executing body does not receive any new written judgment execution requests, the remaining money, which is temporarily deposited in a bank, shall be further paid to those who have filed written judgment execution requests according to the provisions of Point a, Clause 1 of this Article.

3. The proceeds from the sale of properties which have been declared by courts to be distrained for securing the performance of a given obligation shall be prioritized to be paid for such obligation.

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1. Judgment debtors must bear coercive judgment execution expenses, including:

a/ Property distraint expenses: remunerations for coercion council members; expenses for coercion protection; expenses for fire and explosion prevention (if any); expenses for partition construction, except for cases where judgments or decisions clearly state that judgment creditors must bear part or whole of partition construction expenses;

b/ Expenses for property valuation and re-valuation, except for the cases prescribed at Point a of Clause 2 and Clause 3 of this Article; expenses for property auction; remunerations for valuation council members, expenses for property re-valuation (if judgment debtors request re-valuation); rents of venues and means for holding auctions (if any); auction charges as prescribed (for cases where executors authorize auction organizations to sell properties);

c/ Expenses for hiring of property look-out and preservation; expenses for property loading, unloading and transport;

d/ Expenses for coercion notification;

Remuneration levels for persons personally involved in coercion shall comply with the Prime Minister's regulations. Other expenses shall be actual, reasonable expenses approved by the heads of judgment-executing bodies at the proposals of executors. Coercion expenses must be notified to the involved parties.

Coercive judgment execution expenses shall be paid by judgment debtors or deducted from the proceeds from the auction of distrained properties or from judgment debtors' properties which are being kept, leased, borrowed or repaired by other persons.

2. Judgment creditors must bear coercive judgment execution expenses, including:

a/ Property re-valuation expenses (if judgment creditors request property re-valuation, except for cases of re-valuation prescribed at Point a, Point c, Clause 5, Article 43 of the Ordinance on Execution of Civil Judgments);

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3. The State budget shall cover coercive judgment execution expenses in the case of property re-valuation prescribed at Point a, Clause 5, Article 43 of the Ordinance on Execution of Civil Judgments; where the involved parties are entitled to exemption from, or reduction of, coercive judgment execution expenses prescribed in Clause 5 of this Article and other necessary expenses (if any).

Persons at fault in the violations of property valuation procedures, the illegal decisions on the exemption from, or reduction of, coercive judgment execution expenses, resulting in the State budget's incurrence of coercion expenses shall have to indemnify such expenses to the State budget.

4. Before organizing the coercive judgment execution, executors must make and submit to the heads of judgment-executing bodies for approval coercion plans with the following contents: coercion time, forces and plans; estimated coercion expenses. On the basis of the approved coercion plans, executors shall carry out procedures to advance funds for coercive activities. When handling properties or collecting money from judgment debtors, executors must carry out procedures to immediately refund advanced amounts.

Coercion expense estimates shall be notified to the involved parties before the coercion takes place.

5. Where the involved parties fall into the subjects prescribed at Point a, Clause 1, Article 30 of this Decree, the may make petitions (certified by the commune-level People's Committees of the places where they reside) to the heads of judgment-executing bodies for consideration of exemption from, or reduction of, coercive judgment execution expenses.

Chapter IV

JUDGMENT EXECUTION FEES

Article 29.- Fee payers; judgment execution fee-collecting agencies; fee rates; collection, remittance, management and use of judgment execution fees

1. Judgment creditors prescribed in Article 20 of the Ordinance on Execution of Civil Judgments must pay judgment execution fees for judgment execution amounts, which are calculated according to the value of properties or money sums they actually receive, except for the execution of the following amounts:

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b/ Compensations for life loss, health deterioration, honor and dignity damage;

c/ Salaries, wages;

d/ Job-loss allowances, severance allowances; social insurance premiums; compensations for damage caused by dismissal or labor contract termination;

e/ Other cases prescribed by law.

2. Judgment-executing bodies that organize the execution of cases shall collect judgment execution fees.

3. Fee rates, fee collection, remittance, management and use, exemption and reduction shall be specifically guided by the Finance Ministry and the Justice Ministry.

Article 30.- Judgment execution fee exemption and reduction

1. In the following cases, judgment creditors may be considered for judgment execution fee exemption or reduction:

a/ Meeting with economic difficulties;

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c/ Belonging to families short of manpower, suffering from disabilities or prolonged ailments.

2. To be considered for judgment execution fee exemption or reduction, the involved parties must make written requests, certified by the commune-level People's Committees of the places where they reside or live or by the heads of the agencies or organizations where they are working.

Written requests for judgment execution fee exemption or reduction shall be submitted to the judgment-executing bodies that collect judgment execution fees. The heads of the judgment-executing bodies that receive written requests shall consider and decide on the judgment execution fee exemption or reduction.

Article 31.- Complaints about judgment execution fees

All complaints about the collection of judgment execution fees shall be settled according to the provisions of the Ordinance on Execution of Civil Judgments regarding the settlement of complaints about judgment execution.

Chapter V

HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 32.- Acts of administrative violation and sanctioning levels

1. Caution or a fine of between VND 50,000 and 100,000 for one of the following acts committed by judgment debtors:

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b/ Having received the second notices or summonses but still failing to come to the places indicated in such notices or summonses to execute the judgments without plausible reasons.

2. A fine of between VND 100,000 and 200,000 for one of the following acts committed by judgment debtors:

a/ Deliberately refuse to execute temporary urgent decisions issued by courts or judgments or decisions which must be promptly executed;

b/ Failing to perform the work which must be performed or failing to stop performing the work which must not be performed under court judgments or decisions;

c/ Having conditions for judgment execution but delaying the performance of judgment-executing obligations;

d/ Dispersing or damaging properties in order not to perform judgment- executing obligations or shirking the distraint of properties for judgment execution;

e/ Failing to comply with the executors' requests to hand over papers related to properties handled for judgment execution without plausible reasons.

3. A fine of between VND 200,000 and 500,000 for one of the acts of illegally using, transferring, swapping, hiding or changing the conditions of, distrained properties, which are not serious enough to be examined for penal liability.

4. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

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b/ Breaking seals or sabotaging distrained properties, which are not serious enough to be examined for penal liability;

c/ Failing to comply with the executors' decisions to deduct account deposits, subtract incomes or withdraw valuable papers of judgment debtors.

Article 33.- Competence to sanction violations

1. Executors on duty shall have the right to serve cautions and impose fines of up to VND 200,000 for administrative violation acts prescribed in Article 32 of this Decree.

2. The heads of district-level judgment-executing bodies shall have the right to serve cautions and impose fines of up to VND 500,000 for administrative violation acts prescribed in Article 32 of this Decree.

3. The heads of provincial-level judgment-executing bodies, the heads of military zone-level judgment-executing bodies shall have the right to serve cautions and impose fines of up to VND 1,000,000 for administrative violation acts prescribed in Article 32 of this Decree.

4. The presidents of commune-level People's Committees shall have the right to serve cautions and impose fines of up to VND 100,000 for administrative violation acts prescribed in Clause 1, Article 32 of this Decree.

Article 34.- Procedures for sanctioning violations and settlement of complaints about, and denunciations against, the sanctioning of administrative violations

1. The sanctioning principles, statute of limitations for sanctioning, aggravating and extenuating circumstances, sanctioning order and procedures shall comply with the provisions of the 2002 Ordinance on Handling of Administrative Violations and relevant legal documents.

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Chapter VI

IMPLEMENTATION PROVISIONS

Article 35.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette and replaces the Government's Decree No. 69/CP of October 18, 1993 prescribing civil judgment execution procedures.

Article 36.- Implementation responsibility

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies, and the presidents of the provincial/municipal People's Committees shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai