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.

To enforce the regulation on long, steady execution obligations for State budget revenue (hereinafter referred to as the long, steady execution), the industry Ministry of Justice, Ministry of public security, the Ministry of finance, the Supreme People's Procuratorate, the Supreme People's Court President for instructions such as the following : chapter I GENERAL PROVISIONS article 1. Explanation of terms In this circular, the terms below are interpreted as follows: 1. "Account currency lodging budget" is the account proceeds to be paid into the State budget, including: fine, collect the money, the property benefit illegal, court fees, confiscated State funds supplement is identified in the judgment the decision of the Court.

2. "execution" is the case who must enforce the Court has an obligation to pay money, the property to currency lodging State budget according to the judgment, the Court's decision has the effect of law but not yet performed or new made part that has enough of the conditions set by the law and instructions of circular should be courts of competent the right to free decision on the implementation of the entire State budget revenues.

3. "Steady implementation" is the case who must enforce the Court has an obligation to pay money, the property to currency lodging State budget according to the judgment, the Court's decision has the effect of law but not yet performed or new made part that has enough of the conditions set by the law and instructions of circular should be courts of competent the Authority decided to reduce the enforcement of a part of the State budget revenues.

4. "Who must enforce the judgment without the property to enforce the judgment" is the person who does not have the property at the time of verification or have little value, but the property is not enough, or just enough to cost execution, property which under the provisions of the law are not processed in order to enforce the judgment or the property is not sold , have no income or a low income level, just enough to ensure a minimum life of themselves and their families.

5. "Who must enforce the judgment in particularly difficult economic landscape extends" is who lost the whole or the greater part of the property, the loss or reduction of earnings, not sure or just to ensure a minimum life for yourself and your family from the time of the disaster Rome erupted, fire, accidents, illness, reduce the exemption to the time of execution, unless the person who must enforce the court order caused the accident, illness for ourselves in order to evade the obligation to enforce the judgment.

6. "Who must enforce the judgment established the big" who have acted to help competent State agencies detect, arrest, criminal investigation; save other people in critical situation or are the property of the State, the collective, of the citizens in the disaster, fire; There are invented, invention, or valuable initiatives; be the competent State Agency confirmed.

Article 2. The account belongs to an exemption, reduction of execution 1. Part of the remaining fines prescribed in clause 2 Article 58 of the Penal Code.

2. the rest of the fines prescribed in clause 3 of the Article 76 of the criminal code.

3. The collection of money, illegal gain of property, court fees, additional State funds confiscated and fines are determined in the verdict, the decision has force of law courts.  

Article 3. The principle of exemption, reduction of execution 1. For people who have been reduced to a fraction of that money-back penalties for new offence serious, very serious or particularly serious, the Court shall consider only the first reduction after that person has is two thirds of the penalty money.

2. Who is considering exempting, reducing the execution did not have to submit the costs related to the exemption, reduction. The cost for the exemption, reduction is obtained from the funding of activities of the agencies related to the exemption, reduction.

Chapter II JURISDICTION and EXEMPTION PROPOSAL, reducing the EXECUTION article 4. The authority proposed exemption, reduction of execution 1. During execution, if the Organization deems the person to have to enforce project with the conditions specified in article 61 of law enforcement projects; item 2 Article 58, paragraph 3 to article 76 of the criminal code, the Executive member be assigned enforcement duties conducted verification, establishment suggested exemption, reduction and enforcement reports the heads of civil enforcement agencies recommendations in writing the competent court exemption , reduce execution.

Case, who must enforce the judgment has single exemption proposal, reducing the execution, then within ten days from the date of the application, the executor was assigned the implementation of service work to verify, if eligible for exemption, reduction, the establishment exemption, reduction of execution under the rules. The case is not yet eligible for exemption, reduction of execution shall within five working days from the date of receiving the application must inform in writing the person who has the exemption application, reducing the execution said.

2. For the rest of the fines prescribed in clause 2 Article 58 of the Penal Code; penalties provided for in paragraph 3 to article 76 of the Penal Code, the base profile execution due to civil enforcement agencies offer, Minister-level prosecution where the person must enforce court residence, work suggest the Court of the same level of exemption, reduction of execution.

3. for account currency lodging by State budget execution of military region and the equivalent of accepting the enforcement bodies that directly suggest military courts area where people have to enforce the residency project, work reduced judgment enforcement exemption review.

Case parts remaining fines prescribed in clause 2 Article 58 of the Penal Code; penalties provided for in paragraph 3 to article 76 of the Penal Code by the execution of military region and the equivalent of accepting the execution, if it deems the conditions enough records exemption, reduction of execution, the Procuracy and equivalent military zone authoritative for the military Procuracy area where people have to enforce residence project recommended work, the courts of the same level, consider the long, steady execution and notify litigants said.

Article 5. Jurisdiction exemption, reduction of execution 1. Exemption authority, reduce execution against State budget revenues are made according to the provisions in clause 1 Article 63 of law enforcement of civil judgments.

2. exemption authority, reduce execution for the rest of the fines prescribed in clause 2 Article 58 of the Penal Code; penalties provided for in paragraph 3 to article 76 of the Penal Code made under the provisions of paragraph 1 to article 269 of the Penal Code criminal proceedings.

Chapter III PROCEDURE for EXEMPTION, reduction of EXECUTION article 6. Recommended records exemption, reduction of execution 1. Recommended records exemption, reduction of execution comply with the provisions of article 62 of law enforcement of civil judgments.

2. Check the verify conditions of execution.

Report on the verification of the conditions of execution by the executor, civil enforcement agencies establish should clearly identify the people to enforce the judgment does not have property or income sources to execution, the minutes must be confirmed by the Chief City (), or township-level people's committees the Agency the Organization, the place where the verification.

With regard to the implementation of projects that are criminal in prison, in addition to the minutes of the Executive Officer's verification of conditions of execution at the residence, the work of the people who have to enforce the judgment, heads the enforcement agencies submit proposed supervisor detention, detention where persons must execute projects penalty prison confirmed in the course of sentence imprisonment inmate who must enforce the judgment has set up large:; seriously ill; the property Division sent in custody in prisons, detention camps; results the implementation of the State budget revenues due to detention, detention (if any).

Supervisory detention, detention where persons must execute projects penalty of jail when getting the votes suggest check, confirm conditions of execution of man who must enforce the judgment is responsible for checking, validation and transfer confirmation votes for civil enforcement agency within fifteen days from the date of receiving the request.

3. other documents prove the condition was considering exempting, reducing the execution of people who are executed projects include: a) certificate from the currency-spending money to enforce the judgment (if any);

b) certificate of the people's Committee of social level where people must enforce court residences for people who have to enforce the judgment without the property to enforce the judgment; the case is the implementation of project work at the Agency, the Organization must then be confirmed by the people's Committee of social or confirmation of heads, the organization where the person is employed;

c) confirmations of the medical establishment from district level upwards in case people must enforce court accident, illness lasts;

d) confirmations of the fire authority, the fire in the case of the property to enforce the judgment being fire;

DD) confirmations of the competent State agencies, prisons, detention Camps where people have to enforce the judgment, holding in the case who must enforce the judgment has set up or falling into economic plight particularly hard;

e) other proof materials.

Article 7. The Prosecutor recommended records exemption, reduction of execution 1. In the first month of each quarter, civil enforcement agencies provided for in article 4 of this circular are responsible for transferring the records suggested exemption, reduction was set in the previous quarter to the Procuratorate at district level where people have to enforce residence project, working to make the prosecution.

Within a period of fifteen days from the date of the record, the Procurator must review and transfer of records to the Court accompanied by text stating the opinion of the Procurator of the records suggested the long, steady or text suggest long, steady execution and inform the civil enforcement agencies accepting the exemption records , rising said.

2. the Procurator has the right to request a civil enforcement agency to explain the unclear or complement the necessary papers. The base case clearly define who should enforce the judgment are eligible for exemption, reduction of execution but civil enforcement agencies not to profile, the Prosecutor has the right to request a civil enforcement agency to file proposed exemption, reduction of execution.


Article 8. Exemption procedures, reduce execution 1. Within five working days from the date of accepting the proposed records exemption, reduction of enforcement of the judgment, the Chief Justice of the Court of competent jurisdiction exemption, reduction of execution indicated a judge accepting the records and resolve the exemption, reduction of execution. The assigned judge has the right to request the Procurator, civil enforcement agencies explaining the unknown point or additional required documents within five working days of receiving the request. So the deadline that the Agency be asked not to supplement the required documents, the judge returned to the Agency has suggested.

2. Organization of the session considering the long, steady execution sessions that exemption, reduction is organized according to the provisions in paragraph 3 Article 63 of law enforcement of civil judgments.

The judge presiding over the session, consider the long, steady execution responsibility notice of time, place the review session as long, falling to the Procuratorate at the same level representatives, civil enforcement agency proposed exemption, reduction.

The decision to accept the whole, accept part or not to accept the proposed exemption, reduction of sentence enforcement judge must have the following: a) the day, month, year of decision;

b) Name the Court decision;

c), last name judges and representatives of the agencies involved;

d), last name, place of residence, work, where are penalty of imprisonment who have to enforce the judgment (if any) and the account that filed the State budget must enforce;

DD) review of tribunals and the bases to accept, accept part or does not accept the proposal, consider the long, steady execution of the Procurator or enforcement agency;

e) Court's decision to free execution account filed the State budget, the money was long; the decision to reduce a fraction, filed the State budget, the amount to be reduced, the balance must be enforced and enforceable after seven days from the date of signing.

Article 9. The appeal court's decision about the exemption, reduction of execution 1. The appeal court's decision about the exemption, reduction is done according to the provisions of article 64 of the Civil Enforcement Act.

The judge presiding over the session, consider the long, steady execution responsibility notice of time, place the review session as long, falling to the Procuratorate at the same level of representation and civil enforcement agencies in case the Court representative requests the enforcement agencies have established recommended records exemption the reduced attendance, 2. The decision to settle the appeal of judge must have the following: a) the day, month, year of decision;

b), last name, place of residence, work, where are the prison penalty (if any) of the person must enforce judgments and fines, court fees must be enforced;

c) Name the courts have exemption, reduction and exemption, reduction of content being protested;

d) content of the protest of the Procurator;                      

DD) to the Court of appeal and the grounds for the Court decision;

e) decided to retain, modify part or cancel the entire decision of the Tribunal on the long, steady execution.                      

Article 10. Enforcement of the decision of the Court about the exemption, reduction of execution 1. To base the decision of the Court regarding the exemption from execution, civil enforcement agencies had set up a profile to a decision to suspend the enforcement of the obligation section is long.

The case the Court decided to reduce part obliged to enforce the judgment, the enforcement agencies have created a profile to a decision to suspend the enforcement of the obligation part is reduced and continues to enforce the judgment against the State budget revenues.

2. For the submission of the State budget revenues are not the courts decide to exempt, reduce, civil enforcement agencies have a responsibility to continue execution. Case profile suggested exemption, reduce the courts returned due to incorrect implementation of the procedures, the enforcement agencies have the responsibility to improve the profile again to switch bodies with authority to consider in the review period, the most recent reduction.

Article 11. Processed in breach of the exemption, reduce execution heads the enforcement agencies, Executive Member, decided to review the administrative sanctions under the provisions of civil law enforcement ChươngVII. Procuracy considers the prejudice responsible for who must enforce court deliberately hiding, pipe riveted property for free, please reduce evade sentencing.

Chapter IV the TERMS OF IMPLEMENTATION of article 12. Effect 1. This circular is effective from January 1st, 2011 and replaces circular 02/2004/TTLT-TANDTC-VKSNDTC-BTP-BCA-BTC dated 17/6/2005 of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice, Ministry of public security, the Ministry of finance.                       

2. During the implementation process, if there are obstacles, implementation agencies should immediately report up the Ministry of Justice, Ministry of public security, the Ministry of finance, the Supreme People's Procuratorate, the Supreme People's Court to timely have additional instructions./.