CIRCULAR guide free procedure execution for revenues for the State budget worth no more than 500,000 contract _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ grounded civil enforcement Law No. 26/2008/QH12;
Pursuant resolution No. 24/2008/QH12 on November 14, 2008 by the National Assembly on the enforcement of civil judgment enforcement Law;
Related Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy unity tutorial free procedure execution for revenues for the State budget worth no more than 500,000 Dong as follows: Chapter 1 GENERAL PROVISIONS article 1. The principle of exemption from execution 1. The exemption execution for revenues for the State budget worth no more than 500,000 under resolution No. 24/2008/QH12 of Congress regarding Law enforcement civil enforcement is the special case of long execution; Therefore, do not apply under the General provisions on exemption is provided for in Article 61, 62, 63 and 64 of Things law enforcement of civil judgments.
2. The exemption execution for revenues for the State budget worth no more than 500,000 Dong made only once after law enforcement civil enforcement effect. Revenues arise after the time law enforcement civil enforcement effect will apply according to the General provisions on long, steady execution are stipulated in the law.
3. Who are exempt from execution under the provisions of this circular do not pay the fees and other charges related to the exemption execution. The cost for the establishment and verification of organization exemption is retrieved from the regular operation funding due to State budget levels for civil enforcement agencies, people's Procuratorate and people's Court.
Article 2. The scope exemption execution 1. The account is free, consider the enforcement of the judgment is the account currency lodging property, money the State budget according to decision execution, including: a) fines, court fees;
b) collection of money, illegal gain of property;
c) The account confiscated other State funds.
As for the funds, assets fall for State agencies, the Organization of activities by the State budget or State enterprises not subject to exemption execution under the provisions of this circular.
2. execution value not exceeding 500,000, are charged on an subject to execution of a decision to enforce the judgment.
More people are executed in an execution that the decision must be enforced by each person not too long considered copper 500,000 contest is available for each person.
The case of a person to enforce more revenues for the State budget in a variety of different enforcement decisions that each account currency worth no more than 500,000 Dong then the exemption is made for each account currency.
The case of the right to enforce the judgment enforcement revenues for the State budget larger than 500,000 contract but has been enforced Privy parts and the remaining values are enforced until enforcement of the Civil Law in force does not exceed 500,000 contract then the remaining value is not yet enforceable is also considering as long enforced under the provisions of this circular.
3. The enforcement exemption prescribed in this circular apply to revenues for the State budget that time organized the execution has more than five (5) years, from the time of judgment enforcement agency decision to sentence enforcement law enforcement civil enforcement effect (01/7/2009).
4. With regard to the enforcement of the judgment being enforced organization but after that the judgment is in effect the law court to declare cancellation to the investigation, pre-trial case and court enforcement agency must enact a new judgment enforcement decisions according to the rules of procedure of execution, the exemption period is counted from the date of issuance of decision competition the new Court.
Article 3. Conditions of exemption The exemption execution enforcement is applied when one of the following conditions: 1. The person must enforce the judgment without property, or property, but the value is not enough to enforce property, or property in an not levy according to the provisions of article 87 of the Civil Enforcement Act.
2. Who must enforce the judgment has no assets, no income, or the income level is low, just make sure the minimum life of themselves and their families.
3. Who must enforce the judgment in economic circumstances especially hard and prolonged due to natural disaster, fire, accident or illness can not perform the obligation of execution;
4. Do not determine a person's address to execution to verify the condition of their enforcement;
5. People to execution is alien not domiciled in Vietnam that the Agency enforce the judgment could not verify, handle their property to enforce the judgment;
Pursuant to determine who must enforce the judgment without conditions the implementation of the verification conditions thereon is executed their projects by the Executive Member founded within a period not exceeding six (6) months as of the time of judgment enforcement agencies establish a list of proposed exemption execution, accompanied by the documents which provide litigants are judgment enforcement agencies accept.
Chapter 2 PROCEDURE FREE of EXECUTION 1 EXECUTION EXEMPTION PROCEDURES for the INCIDENT CAUSED by CIVIL ENFORCEMENT AGENCY ENFORCEMENT of article 4. Make a list, free profile execution 1. Civil enforcement agencies conducting the review, the classification of the incident are being held to determine the enforcement service whether in an execution exemption under resolution No. 24/2008/QH12 of Congress and this circular, and make a list of the proposed exemption.
The exemption execution as prescribed in this circular are not required of the application to enforce the judgment.
2. The records suggest long execution include: a) a copy of the decision to enforce the judgment;
b) report on the verification of the conditions of execution of people who are executed;
c) copies of the relevant documents (if any).
3. civil enforcement agencies send the list attached to each record the incident suggested the long execution to the people's Procuratorate at the same level for comments.
For these incidents are caused by civil enforcement Bureau organized the enforcement of civil judgment enforcement Bureau direct file sending the people's Procuratorate at the same level for comments.
Article 5. Take the opinion of the Procurator on the long list of execution 1. Within a period not exceeding thirty (30) days from the date of the proposed exemption list execution and related documents by civil enforcement agencies send people's Procuracy, must respond in writing to the civil enforcement agencies about agree or disagree with each of the proposed exemption case execution , the case does not agree they must clearly state the reason.
2. where the civil enforcement agencies do not agree with the reason that the Procuratorate raised, then the judgment enforcement agencies have the right to submit a list of proposed exemption execution and related documents for the Director of Department of civil enforcement, provincial people's Procuratorate within fifteen (15) days Director General civil enforcement must consider , answer. Comments of the Director General civil enforcement in effect executed.
3. in the review process for the comments, the people's Procuratorate has the right to request a civil enforcement agency to provide additional documents required or verification directly to clarify the grounds for exemption from execution. Process the Prosecutor obeys the law in the field of civil enforcement, if the Procuratorate uncovered cases eligible for exemption execution but has not been included in the proposed exemption, the Procurator has the right to request a civil enforcement agency added to the list.
Article 6. Accepting, considering the profile suggested long execution, out decides long execution 1. Within a period not exceeding ten (10) days from the date of receiving the written answer of the Procuracy, the enforcement agency must have written recommendations accompanied by the opinions of the people's Procuratorate of the same records suggest long execution send-level people's Court where civil enforcement agency headquarters to consider the exemption decision execution.
2. district-level people's courts accepting the review records free of execution, the Chief Justice at district level people's Court delivered to the judge to consider and make decisions free of execution. While reviewing the records, the judge has the right to request a civil enforcement agency to explain the unknown point or additional required documents as the basis for the exemption execution.
3. Within a period of not more than thirty (30) days from the date of the accompanying text lists the recommended long execution profiles and related documents, due to the enforcement agency submitted, the judge must review the decision on the exemption from execution. The decision must be accompanied by a list of those who are exempt from execution and amounts are exempt from execution.
4. For cases not accepted long execution, then the judge must make a decision not to accept long implementation project. The decision must be accompanied by a list of those who are not exempt from execution. The Court must send the decision long execution, decided not to accept long implementation project for civil enforcement agencies, Procuracy and people who are exempt from execution, who were not exempt from execution within a period not exceeding five (5) working days from the date issued.
Article 7 execution decision free of execution after receiving the decision of the Court judgment enforcement exemption, civil enforcement agency decision to suspend enforcement of the judgment for the court cases decided long execution.
Section 2 ENFORCEMENT EXEMPTION PROCEDURES for the AGENCY to ENFORCE the JUDGMENT of the MILITARY ENFORCEMENT of article 8. Make a list, get the opinion of the Procurator of the long execution Chamber execution of military region, execution of command execution, capital branch of the Navy (known collectively as the room-level execution area army) recheck the list of qualifying exemption case execution the Unified Exchange comments with a military procuratorate at the same level.
List procedure, recommendations, opinions of the military Procuracy apply according to instructions in article 4; Article 5; 1. Chapter II of this circular.

After exchanging ideas with unified military procuratorate at the same level, execution-level military districts have suggested text for the area where there is the headquarters of the military district-level execution Room exemption execution.
Article 9. The authority procedure, the decision to exempt from execution for the project by the enforcement branch of the Navy created the exemption list, after the exchange of ideas with the military procurator of the Navy if the exemption in northern areas have suggested text for the areas I Corps of the Navy decision to exempt from execution , for the exemption in the Central, southern, the text proposed for the zone II Corps of the Navy decision to exempt from execution.
Exemption execution procedures applied under the provisions of article 6 Item 1 of chapter II of this circular.
Chapter 3 IMPLEMENTATION article 10. Handling for cases not be exemption execution for the civil enforcement agencies had suggested but not the Court accept the civil enforcement agency enforcement organizations under the provisions of the Civil Enforcement Act.
Article 11. Effective circular has effect after 45 days from the date of signing.
Article 12. Instructions executed in the process of implementing exemption execution according to the circular, if there are problems then the civil enforcement Bureau, the people's Procuratorate and people's Court at district level, district level court enforcement, military Procuracy of military region and the regional military court Military Naval Court, promptly report to direct superior authority to report the Ministry of Justice, the Supreme People's Procuratorate, the Supreme People's Court review resolved according to jurisdiction./.