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Official Gazette

Saturday, January 18, 2020

DECREE No. 164/2004/ND-CP:

Updated: 15:33’ - 30/09/2004

This Decree, issued on September 14, 2004 by the Government, prescribes the distraint or auctioning of land use right for execution of civil judgments and decisions.

Land use rights of persons being judgment debtors shall be distrained or auctioned when such persons do not have other properties or have other properties but their values are not sufficient for judgment execution, and they possess the land use right certificates or certificates of residential house ownership and urban residential land use right or one of papers on land use right prescribed in Clauses 1, 2, 4 and 5, Article 50 of the 2003 Land Law.

Regarding the distraint and auctioning of already mortgaged land use right, this Decree prescribes: Three months after the date of distraint, if the land use right mortgagee does not initiate a lawsuit, the distrained land use right shall be put on auction for judgment execution. In case of a lawsuit, the land use right shall be handled after the court judgment or decision on settlement of land use right mortgage dispute takes legal effect.

In cases where the judgment debtors’ land use rights are currently leased to others for land exploitation and use, the judgment executors must notify lessees, exploiters or users of the land area, land plot, land category and date of distraint at least 30 days before such date.

Auction winners and receivers of distrained land use rights and ownership rights over properties attached to land shall be granted the land use right and property ownership right certificates according to law provisions.-
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