The base law of civil proceedings on June 15, 2004;

Pursuant to the law enforcement of civil judgement on November 14, 2008;

Pursuant to the law on organization of people's Court to 12 April 2002;

Pursuant to the law the Organization people's Procuracy on 2 April 2002;

Pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 58/2009/ND-CP on July 13, 2009 by the Government detailing and guiding the implementation of some articles of the law on the enforcement of civil judgment enforcement procedures, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy Guide made some issues about civil enforcement procedures and coordination the industry in the implementation of civil projects as follows: chapter I CIVIL JUDGMENT ENFORCEMENT PROCEDURES article 1. Petition for judgment, the decision of the Court 1. The case uncovered part of decision of judgment, the decision of the Court to have the unknown points make it difficult for the enforcement of the judgment or detect spelling errors, erroneous data by mistake or wrong calculations then the judgment enforcement agencies have the right to request in writing sent Court judgment the decision explain the unclear point, fix typos or erroneous data. The courts are required to have a responsibility to answer the issues stated in the written request of the civil enforcement agency.

The interpretation by the unknown point text, spelling errors or the errors metric is made according to the provisions of article 240, article 382 civil procedure code and article 179 of civil execution Law. The Court's reply text is grounds for court enforcement agency decision execution, decides to withdraw or amend, complement the decision to enforce the judgment was issued. The decision to enforce the new project must be issued within 5 working days from the date of receiving the text content and the need to continue to maintain the execution results if the process of execution of the earlier organization with no errors on order execution procedures.

2. in case that the grounds for review under the procedure of Cassation, retrial for judgment, the decision has force of law courts are enforcing the judgment enforcement agency heads where are the enforcement organization responsible for recommendations to the person who has the authority to review the judgment , that decision. Within 45 days of receiving a written petition, competent person to answer the petition.

3. for those cases had written petitions to review the judgment or decision without receiving a written reply after expiry of the provisions in Article 179 paragraph 3 law enforcement civil or not expiry that receive text replies of competent bodies regarding the unfounded accept complaints of litigants , not the protest under procedure of Cassation, a retrial, the Court held enforcement agencies enforce the judgment, decided that the law was in effect.

The heads of project enforcement agencies to notify the Chief Justice, the Minister competent prosecutor about not receiving text replies of competent people.

Article 2. The decision to enforce the judgment 1. The case get the petition to enforce the judgment related to a judgment, decided on at the same time, then depending on the content of the judgment, the decision of the Court, number and time of receiving the petition to enforce the judgment, the scope of the request execution time limit, out decides to perform a execution out of one or more projects under the enforcement decision the provisions of article 5 of Decree 58/2009/ND-CP on July 13, 2009 by the Government detailing and guiding the implementation of some articles of the law on the enforcement of civil judgment enforcement procedures.

Several people have taken vicarious obligation if the person is executed projects require one or some of the people who have to enforce court service enforcement jointly the entire obligation to the Agency for enforcement of court decision execution against that person.

2. where the litigants are juveniles, with limited capacity for civil acts or Privy is legal then heads execution of decision execution at the request of the legal representative of the litigants.

Cases of litigants who lost the capacity for civil acts or minor is no longer the father, mother, didn't identify the father, the mother or the father, the mother lost the capacity for civil acts, with limited capacity for civil acts, were the Court to restrict the right of the father, the mother or the father, the mother had no health care conditions education, juvenile and if the parents have asked the heads of court decisions enforcement enforcement of judgments under the petition of the guardian.

Cases of litigants are authoritative for others to request enforcement of the judgment, the enforcement agency heads of court decisions enforcement of judgments under the petition of the person who is authorized.

3. With respect to the verdict, the decision of the Administrative Court, civil enforcement agencies just accepting the decision and execution for the obligation on the property such as court fees, compensation, return the property, leaving the land as declared in the judgment, the decision of the Court. The content of the judgment, the decision as to declare doctor lawsuit, retains the administrative decision or cancel the administrative decision, not a clear statement of the specific rights and obligations of the account assets by administrative agencies have the authority to enforce.

4. With regard to the judgement, deciding the money penalty general statement in which funds have been addressed in the judgment, the decision in force the laws and are being held, the enforcement agency executed projects of decision no execution that have written petitions review authority under the procedure of Cassation against judgments , the decision to declare money penalty General.

When the judgment, the Court's decision to accept the request of the litigants change the level of support, the alimony case being Court held enforcement agencies enforce the judgment enforcement agency heads the decision revoking the decision execution issued and decision execution according to judgment the new decision. The change of the level of support is made starting from the time of identified at the judgment, the new Court's new decision, unless the parties have agreed otherwise. 

5. In the case of a judgment, the decision has to be enforced in whole or in part that there are appeal court enforcement agencies have the responsibility to notify the person who has protested know results were executed. The Court of Cassation hearing, retrial is responsible for sending notifications about results of the implementation of projects for the Agency assigned the investigation or the Court to be delivered to trial again. When the trial again and decide on the rights, obligations of litigants, the courts have a responsibility to consider the results of execution was reported to compute, except for match results and enforcement obligations, the rights of the litigant parties. When the judgment, the Court's new decision is given, the enforcement agency enforcement of court decisions enforcing the judgment under the provisions of the law. The case for the enforcement of the judgment is exercised in excess in comparison with the new decision, judgment, the judgment enforcement agencies have the right to compel that person return communication agency execution to enforce the judgment according to the Organization, the new decision. The case of the verdict, the decision being appealed was held partially enforced through today's auction canceled, then the judgment enforcement agency continues to improve the procedure prescribed by the law for the buyers of the auction, unless the auction procedure violated the provisions of the law.

Article 3. Notice of execution 1. Case by the distant road construction, traffic, people are reported to have many contacts, where in not fixed, often absent from home on Office hours, litigants are detained, detention and other cases where the direct message has stuck, then the notification is done by mail by certified mail.

2. The cases notified by telegram, fax, e-mail or other form according to the requirements of the recipients of the notification, the executor must save to profile execution text expressing a request, notice text and text results announcements as telex, electronic mail the report, a fax was sent.

3. notice for people who are detained, the detention was made according to the address where the person is detained, the detention. Detention, detention supervisor is responsible for delivery of written notice to the person to be notified.

4. The case of the authoritative text of the message is made for authorized users.

5. in case of delivery of the notice through the people who notice must set the minutes stating your name, position and address of the recipient instead; date, time, receiving instead; relations between them with the notice (if any); committed to hand-delivered or notify the person to be notified. The minutes are signed by the recipient and the person who delivered the notice.

6. If the person received the notice to refuse or deliberately does not receive notification, it established a notification about the refusal and stating the reason of the witness. The notice is deemed to have been duly informed.

7. The listing is done at Headquarters civil enforcement agencies, people's Committee headquarters where the township level are informed resident or domiciled in the end and at the place of residence or domicile of the final notice. The determination of the place of residence is done according to the law on residency.

Cases listed for auction listing place property made under the provisions of the law on the auction. 

Article 4. Verify the conditions of execution 1. The verification for the property subject to registration, transfer of ownership, the use of the property based on the contract for the sale, conversion, transfer or donation, certificate of ownership, disposal of assets; through the owner, local government authorities, or who testify as confirmation of the seller, of local authorities, relevant authorities about the sale of the property.


2. for cases of suspension of execution of the judgment by the person who was executed to death without heirs then must verify through the local authorities, the household administration, place of residence or domicile of the final enforceable judgment. The results verify the public notice on the mass media in central to who has the right to know and the related obligations, protect their interests. The expiry of 30 days from the date of public notice is valid without the complainant shall be deemed to have a base to suspend execution.

Article 5. Execution for vicarious obligations 1. The case of the verdict, the decision of the Court by which the obligation to jointly do not clearly define each person's obligations in part, the judgment enforcement agencies ask one or a number of people who have the condition execution made the entire obligation jointly.

2. in case the verdict, the decision of the Court by which the obligation to jointly determine each person's part and they have conditions of execution, agency execution requires each person who made part of his obligations.

3. If the person who has the obligation to jointly do not have conditions of execution, the Court requires enforcement agencies who have the condition execution done instead of part of the obligation. Who has made change part obliged to enforce the judgment has the right to ask the person who is obliged to pay the other part related obligations that people have made on their behalf according to the provisions of article 298 of the civil code.

Article 6. Levy, the handle property to enforce the judgment 1. Since the time of having the judgment of first instance decisions that people have to enforce the judgment sale, conversion, transfer, donate, mortgage, guarantee, pledge its assets to other people, not to acknowledge his property is that not using the account proceeds to execute the judgment, then that property is to levy execution unless otherwise specified by law. If there is a dispute then Executive Member Guide litigants do to sue in the courts to protect the rights and legitimate interests. The expiry of 30 days from the date of being notified that no petitioner shall judgments enforcement agencies handle the property to enforce the judgment.

Since the time of judgment, the decision has force of law or in the case have been applying preventive measures, provisional measures, measures to ensure enforcement of the coercive measures, the implementation of projects for which the property was sold, conversion, transfer, donate, mortgage, guarantee , pledge to another person, who must enforce the judgment does not admit his property is being processed, to levy execution.

2. Procedure for resolving a request by civil enforcement agencies, Privy about the determination of ownership, Division of property, or to resolve a dispute about ownership, property rights arising in the process of implementation of projects under the jurisdiction of the Court under paragraph 4 to article 179 law enforcement of civil judgments are made according to the provisions of the code of civil procedure.

Expiry of 30 days from the notification date without the petitioner shall judgments enforcement agencies handle the property under the provisions of the law, the case of the petitioner, the only enforcement agency handling assets when there are judgments, the Court's decision has the effect of law.

3. for the property were legitimate mortgages, pledge that has a value for or is under an obligation to pay under a contract of pledge, mortgage, the executor must notify recipients know mortgage, mortgage obligations of people must enforce; ask the person to receive notice of mortgage, pledge to levy execution agency assets to pledge, mortgage when the borrower signed contracts or payments to levy the money part, remaining assets (if any) after the property of being party pledge, mortgage payment processing contracts signed.

4. where the person must enforce the judgment levy suggested a specific property of the many assets that the proposal does not interfere with the enforcement of the judgment and the property sufficient to enforce the judgment and the costs involved, the Executive Member founded the minutes explaining to litigants to bear all costs related to the disposal of assets and levy of property Act to enforce the judgment. Litigants are not restricted the right to execute trades for other properties.

The case of property that the person must enforce the judgment levy proposal not enough to enforce the obligation to enforce the judgment and the costs involved, the executor must ask people to enforce the judgment not be done trading for the other remaining assets.

5. Agency execution only levy enterprise other assets to enforce the judgment if after having deducted the balance (money exchange, Vietnam); processing of gold, silver, precious metal, precious stones, or other papers; deduction of property who should enforce project by the Agency, business, individuals hold that's still not enough to enforce the judgment.

Article 7. Transfer of rights and obligations execution 1. The case of the implementation of the obligation of paying the property that people must enforce the judgment was dead but who are directly managed, using the property that the court enforcement agencies assign a time limit not exceeding 30 days to the Manager, use the assets of debtors Court delivered the property to the person being executed. Expiry of this that they do not carry or property does not have a Manager, direct use, the Court held enforcement agencies allocated properties, including the coercive delivery of property for the project is executed in accordance with the law.

 2. where the person must enforce the obligation on payment of dead that has to leave the property, then the court enforcement agency notification in writing, fixing a time limit of not more than 30 days to heirs or the person's estate manager must enforce court agreement done. Most of this time limit, if the heir or the estate management agreement was not the implementation of the obligation to enforce the judgment, the judgment enforcement agencies adopt measures ensuring execution, coercive measures to enforce the judgment against the property of debtors to court to ensure execution at the same time fixing the time limit of 30 days from the date of the notification to the person concerned to make property rights. This time limit runs out without the petitioner shall judgments enforcement agencies handle the property to enforce the judgment under the provisions of the law.

Chapter II COORDINATED RELATIONS in CIVIL ENFORCEMENT article 8. Prosecutor works execution of tasks and powers of the Procuracy and the order, the procedure made the Prosecutor obeys the law for the activity is performed according to the provisions of the law on organization of people's Procuracy and the law on the enforcement of the judgment.

The people's Procuratorate of the levels made the prosecution of operation execution of civil enforcement agencies the same level and the subordinate Prosecutor planned to periodically built from early or unscheduled as required.

End the active prosecution of civil enforcement agencies, people's Procuracy must have concluded the Prosecutor.

When deciding, the behavior of Heads of civil enforcement agencies, of Executive Member has violated the law, the people's Procuratorate Director issued a written protest must be required to remedy the violation.

Article 9. Send the decision on the enforcement of the judgment 1. Civil enforcement agencies directly or send by post the decision on the implementation of projects for the people's Procuratorate at the same level within 10 working days from the date of the decision, except the coercive execution plan must then be sent immediately.

2. The decision on complaint resolution, to report on the enforcement of the General Director of the enforcement Bureau is sent immediately to the Supreme People's Procuracy (Prosecution Service through the implementation of projects) to perform the Prosecutor comply with the law in the resolution of complaints , report on the enforcement of civil judgments.

Article 10. The work coordination in the execution of the judgment 1. Annual recurring, leaders of the Supreme People's Procuratorate, the Supreme People's Court and the Ministry of Justice organizes interdisciplinary meetings in late September or early October to draw experience, remedy deficiencies, for directing the work execution.

2. at least once each year, Service enforced Court Prosecutor in the Supreme People's Procuratorate, the enforcement Bureau of the Ministry of Justice and the Court of dedicated the Supreme People's Court's coordinated check the enforcement work and task coordination in the implementation of civil projects in the locality; check consistency and timely measures for the sentencing have arisen or have different views. In time, the plan held by the General Directorate of civil enforcement initiative.

3. Leaders of the people's Procuratorate, people's Court and civil enforcement agencies in the local are often combined to make good the work execution. When there are obstacles, then heads to the enforcement agencies, the Chief Justice's courts and the people's Procuratorate Mayor Institute levels of timely reports on the Ministry of Justice, the Supreme People's Procuratorate, the Supreme People's Court to have uniform measures.

Chapter III the TERMS of the IMPLEMENTATION of article 11. Effective enforcement of this circular is effective from 15 September 2010 and replace the following text: 981/industry circular TTLN, on 21 September 1993 by the Ministry of Justice, the Supreme People's Procuratorate, the Supreme People's Court to guide the implementation of some provisions of the Ordinance on civil enforcement , Circular No. 12/2001/TTLT-BTP-VKSTC, February 26, 2001 of the Ministry of Justice, the Supreme People's Procuracy Guide made a number of legal provisions enforcing civil judgments. 

Article 12. Implementation the implementation process, if there are problems or the need for additional, modifying the civil enforcement agencies, people's courts and the people's Procuratorate promptly issued a report on the Ministry of Justice, the Supreme People's Procuratorate, the Supreme People's Court to take measures to solve the./.