SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, September 14, 2004
ON DISTRAINT AND AUCTION OF LAND USE RIGHT TO ENSURE THE EXECUTION OF JUDGMENTS
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the October 28, 1995 Civil Code;
Pursuant to the November 26, 2003 Land Law;
Pursuant to the January 14, 2004 Ordinance on Execution of Civil Judgments;
At the proposal of the Justice Minister,
Article 1.- Scope of application
1. This Decree prescribes the distraint and auction of land use right to ensure the execution of to be-executed civil judgments and decisions.
2. The provisions of Chapter II and Chapter III of this Decree shall also apply to the distraint and auctioning of the right to use land with properties attached thereto to ensure the execution of to be-executed civil judgments and decisions according to the provisions of Clause 1 of this Article.
Article 2.- Land use right to be distrained or auctioned
Judgment debtors' land use right, which can, under the provisions of the land legislation, be transferred, shall be distrained or auctioned to ensure the judgment execution in the following cases:
1. Such land use right shall be distrained under court decisions to ensure the judgment execution.
2. Land use right of judgment debtors shall be distrained or auctioned when the following conditions are met:
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