In civil judgment enforcement, when the judgment debtor fails to voluntarily fulfill their obligations, the enforcement agency is required to apply coercive measures to protect the legitimate rights and interests of the judgment creditor. Among these measures, property seizure and income deduction are two commonly used methods, each governed by the 2024 Consolidated Document No. 02/VBHN-VPQH of the Law on Civil Judgment Enforcement. These measures differ in terms of implementation and scope of application.
Proper application in accordance with the law not only enhances enforcement efficiency but also ensures fairness and transparency in the process. The following analysis will provide a detailed comparison between these two measures, including their similarities and differences in terms of procedures, applicability, and legal basis, in order to clarify their legal grounds and ensure protection of the involved parties’ rights.
| Criteria for Comparision | Similarities | ||
| Measures of Enforcement by Seizure of Property and Deduction from Income | Essence | Both are coercive civil enforcement measures, exercising state authority. | |
| Purpose | To compel the performance of financial obligations under judgments or decisions that have taken legal effect. | ||
| Conditions | – When a lawful enforcement decision has been issued but the judgment debtor fails to voluntarily comply. – Before applying the measure, the enforcement agency must verify the debtor’s conditions as prescribed in Article 44. – Only when all conditions are met may the enforcement officer issue a decision to apply appropriate coercive measures. | ||
| Procedures | Both must strictly follow legal procedures, including notice, record-making, issuance of enforcement decision, and organized implementation in accordance with the law. | ||
| Scope of impact | Directly affect the ownership of property or the right to income of the judgment debtor. | ||
| Authority | Enforcement officers under the Civil Judgment Enforcement Agency are responsible for implementation. May involve assistance from the police, local People’s Committees, or other relevant agencies or organization | ||
| Legal Consequences | – After the coercive measure is applied and funds are collected, the enforcement agency distributes them in accordance with the order of payment prescribed in Article 47. – If the measure does not fully satisfy the obligation, additional measures may be applied until full enforcement is achieved. | ||
| Differences | |||
| No. | Criteria | Property Seizure | Property Seizure |
| 1 | Applicable Subjects | The debtor has property under lawful ownership | The debtor has lawful and regular income |
| 2 | Type of Property/Income | Tangible assets such as real estate, movables, ownership rights (houses, capital contribution, yields, etc.) | Periodic income: salaries, wages, allowances, pensions, rental income, and other lawful earnings. |
| 3 | Specific Conditions | Identifiable assets that qualify for seizure and disposal | Stable and deductible income that is not legally exempt from deduction |
| 4 | Applicable Circumstances | – When other coercive measures are inapplicable. – To prevent the debtor from absconding, dissipating, transferring, or destroying property. | – According to the parties’ agreement. – A judgment or decision specifies deduction from the debtor’s income. – Applied in cases involving periodic enforcement, alimony, or when the obligation amount is small or the debtor’s assets are insufficient to enforce. |
| 5 | Procedures for Implementation (Articles 78, 88, 98, 115, 121 of the Law on Civil Judgment Enforcement, Guided by Circular No. 01/2016/TT-BTP) | – The enforcement officer issues a notice of property seizure (unless confidentiality is required to prevent asset dissipation). – Verifies documents and related information. – Issues the seizure decision. – Executes the seizure at the property location. – Prepares a record of seizure and seals the assets. – Handles the asset (valuation, sale/auction, etc., if necessary). | – Verifies the debtor’s income. – Issues a decision to deduct from income (up to 30% of the monthly received amount). – Sends a formal request to the paying organization to carry out the deduction periodically. – Transfers the deducted amount to the judgment enforcement agency. |
| 6 | Duration and Scope of Impact | – One-time enforcement if the asset value is sufficient. – Significant impact on property ownership rights of the debtor. | – Periodic enforcement based on pay cycles. – Lesser immediate impact but prolonged until the obligation is fulfilled. |
| 7 | Implementing Entity | Civil judgment enforcement agency and enforcement officer in charge, may coordinate with local authorities. | Enforcement officer cooperates with the income-paying entity (agency, employer, Social Insurance). |
| 8 | Legal Consequences | Obligation is fully discharged after asset disposal | Obligation is gradually fulfilled through deductions until fully satisfied. |
Notes:
- If the property subject to seizure is held by a third party, ownership must be verified to avoid legal disputes.
- Attention must be paid to assets that are exempt from seizure, such as those serving national defense, security, public interests, or essential assets necessary for the subsistence of the judgment debtor.
- Deductions from actual income must comply strictly with the prescribed rates to avoid seriously affecting the debtor’s minimum living conditions.
Seizure of property and deduction from income are fundamental measures in civil judgment enforcement. They serve to ensure that judgment debtors comply with their obligations while safeguarding the rights of judgment creditors. These measures demonstrate the authority and strictness of the law, enhance the effectiveness of enforcement, minimize disputes and complaints, and contribute to maintaining social order.
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