Ordinance No. 13/2004/PL-UBTVQH11 dated January 28, 2004 of the Standing Committee of National Assembly on execution of civil judgments

THE STANDING COMMITTEE OF NATIONAL ASSEMBLY ------------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------------
No. 13/2004/PL-UBTVQH11	Ha Noi, January 14^th, 2004

ORDINANCE

ON EXECUTION OF CIVIL JUDGMENTS

(No. 13/2004/PL-UBTVQH11 of January 14, 2004)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;

This Ordinance prescribes the execution of civil judgments.

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

1. This Ordinance prescribes the organization of, and procedures for, execution of civil judgments.

2. The civil judgments and decisions stated in this Ordinance shall include:

a) Court judgments and decisions on civil issues, marriage and family, labor, economic matters;

b) Foreign courts' civil judgments and decisions, foreign arbitration's awards, which are recognized and permitted for execution in Vietnam by Vietnamese courts;

c) Decisions on civil matters, fines, property confiscation, handling of evidences, property, retrospective collection of illicitly procured money and assets, legal costs in criminal judgments and decisions of courts;

d) Decisions on property part in the administrative judgments or decisions of courts;

e) Decisions on bankruptcy declaration;

f) Decisions of Vietnam Trade Arbitration;

g) Other judgments and decisions prescribed by law.

Article 2.- Civil judgments and decisions to be executed

The civil judgments and decisions to be executed under this Ordinance shall include:

1. The civil judgments and decisions prescribed in Article 1 of this Ordinance, which have already taken legal effect:

a) The first-instance courts' judgments and decisions or parts thereof, which are not appealed or protested against according to the appellate procedures;

b) Judgments and decisions of the courts of appeal;

c) Courts' decisions on cassation or reopening trial;

d) Foreign courts' civil judgments and decisions and foreign arbitration's awards, which are recognized and permitted for execution in Vietnam by Vietnamese courts;

e) Effective awards of Vietnam Trade Arbitration;

2. Civil judgments and decisions prescribed in Article 1 of this Ordinance, which are not yet legally valid but are executed immediately:

a)The first-instance courts' judgments and decisions on alimony, wage payment, remuneration payment, severance allowance, job-loss allowance, social insurance or compensation for loss of human lives, health, reinstatement of laborers;