How are wages used for judgment enforcement in Vietnam?
In Vietnam, how are wages used for judgment enforcement? Can I agree with the judgment debtor to postpone the execution? I have a debt of 500 million VND and a judgment has been issued by the Court that I have to pay them both capital and interest of 550 million VND. Because I don't have any assets, the judgment enforcement agency discussed with me that I have to get a salary to execute the judgment. My salary is only 10 million VND/month and I still have to pay the monthly rent and childcare. So let me ask how this salary will be enforced? And if I agree with the judgment debtor, can I postpone the execution? Thank you!
<subquestion>In Vietnam, how are wages used for judgment enforcement?</subquestion>
Pursuant to Article 71 of the Law on Civil Judgment Execution 2008 provides for measures to enforce judgments as follows:
1. Deduction of money on accounts; recovery and handling of money and valuable papers of judgment debtors.
2. Subtraction of incomes of judgment debtors.
3. Distraint and handling of assets of judgment debtors, including also those held by third parties.
4. Exploitation of assets of judgment debtors.
5. Forcible transfer of objects, property rights and papers.
6. Forcible performance or non-performance of certain jobs by judgment debtors.
Pursuant to Article 78 of this Law, deduction from income of judgment debtors is as follows:
1. Incomes of judgment debtors include salary, remunerations, pension, working capacity loss allowance and other lawful incomes.
2. Subtraction from incomes of judgment debtors shall be made in the following cases:
a/ Under involved parties’ agreement;
b/ Under judgments or rulings which require such subtraction;
c/ Enforcement of judgments on alimony, periodical judgment enforcement, sums of money to be collected in judgment enforcement being small or other assets of judgment debtors being insufficient for judgment enforcement.
3. Enforcers shall issue decisions on subtraction of incomes of judgment debtors. The highest level of subtraction of salary, remuneration, pension and working capacity loss allowance is 30% of total monthly earned income, unless otherwise agreed by involved parties. For other incomes, the subtraction level shall be based on actually earned income amounts of judgment debtors, but must ensure the minimum living standard of these persons and their dependants under law.
4. Agencies, organizations, employers, social insurance agencies where judgment debtors receive their salaries, remunerations, pensions, allowances and other lawful incomes shall comply with the provisions of Clauses 2 and 3 of this Article.
Thus, the deduction from your income will be decided by the enforcer but will be less than 30% of the total amount received by the employee.
<subquestion>Can I agree with the judgment debtor to postpone the execution?</subquestion>
Pursuant to Clause 21, Article 1 of the 2014 Law on Civil Judgment Execution, stipulates as follows:
21. To amend and supplement Clause 1, Article 48 as follows:
“1. Heads of civil judgment enforcement agencies shall issue decisions to postpone judgment enforcement in the following cases:
a/ The judgment debtor falls seriously ill as certified by a medical establishment of district or higher level, or has entirely or partially lost his/her civil act capacity under a court decision;
b/ Judgment debtors’ addresses have not yet been identified, or judgment debtors cannot fulfill by themselves their obligations under the judgments or decisions for other plausible reasons;
c/ Involved parties agree to postpone the judgment enforcement. The agreement on postponement must be made in writing, clearly stating the postponement duration and bearing signatures of involved parties. In this duration, the judgment debtor shall bear no interest arising from the postponed judgment enforcement, unless otherwise agreed by involved parties.
d/ Assets for judgment enforcement are accepted by a court for handling under Articles 74 and 75 of this Law; the value of distrained assets defined in Article 90 of this Law is equal to or lower than enforcement expenses and secured obligations upon the reduction of their prices under regulation;
dd/ The judgment enforcement is in the period for competent agencies to explain judgments and decisions and respond to recommendations of civil judgment enforcement agencies under Point b, Clause 2, Article 170 and Clause 2, Article 179 of this Law.
e/ Asset recipients, persons assigned to nurture involved parties have been properly informed twice of the receipt of assets and to-be-nurtured persons but fail to show up to receive;
g/ The transfer of rights and obligations for judgment enforcement according to Article 54 of this Law has not been made due to force majeure circumstances or objective obstacles;
h/ Distrained assets cannot be sold and judgment creditors refuse to receive them for judgment execution under Clause 3, Article 104 of this Law.”
Accordingly, if you and the judgment debtor agree to postpone judgment execution and the agreement to postpone judgment execution is made in writing according to the above provisions, you can postpone judgment execution.
