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| judgment creditors would have the right to request courts to file protests according to cassation or reopening procedures against legally effective judgments or rulings__Photo: Internet |
Involved parties might reach agreement on judgment enforcement, provided that their agreement does not violate legal prohibitions, upholds social morality, neither affects the lawful rights and interests of the State or third parties nor prolongs the enforcement process or evades the obligation to pay enforcement charges.
This new regulation is outlined in the latest draft Law on Civil Judgment Enforcement proposed by the Ministry of Justice as a replacement for the 2008 Law.
As per the draft, involved parties would have to agree on the payment of charges and costs incurred during the process of judgment enforcement (if any), take responsibility for the agreement’s contents and are obliged to properly implement such agreement.
Judgment debtors would have to truthfully declare their assets, income and judgment execution conditions to civil judgment enforcement agencies and take responsibility for their declaration. They are obliged to compensate for damage and would be handled if they take acts infringing upon or likely to infringe upon judgment enforcement agencies and judgment enforcers on duty, disperse or destroy assets, obstruct or oppose to the judgment enforcement.
If being assigned to preserve assets, judgment debtors would have to commit to cooperating and properly implementing requirements of enforcers in the course of judgment enforcement. If failing to abide by judgments, judgment debtors would be subject to measures to secure judgment enforcement, administrative sanctions or penal liability examination.
Meanwhile, judgment creditors would have the right to request courts to file protests according to cassation or reopening procedures against legally effective judgments or rulings. They might verify, provide information or request agencies, organizations and individuals to provide information on judgment execution conditions of judgment debtors by themselves or authorize bailiffs to do so. They might also request judgment enforcement agencies to conduct commercial assessment or on-site appraisal of assets, receive assets for clearing against judgment enforcement charges; or advance expenses for judgment enforcement to judgment enforcement agencies.
Judgment creditors would have to prepare complete information and documents when requesting judgment enforcement; monitor and request re-enforcement of judgments and provide information on judgment execution conditions of judgment debtors to judgment enforcement agencies.
The Law is scheduled to be passed by the National Assembly in October 2025.- (VLLF)
