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Law on Civil Judgment Enforcement 2025 effective from 01 July 2026: What should Enterprises pay attention to?

| TNTP LAW |

In business and production activities, disputes between enterprises and the initiation of legal proceedings to resolve such disputes are often unavoidable. However, after judgments or decisions of dispute resolution authorities take legal effect, the enforcement process is often prolonged, directly affecting the rights and interests of enterprises. The Law on Civil Judgment Enforcement No. 106/2025/QH15 of 2025 (“Law on Civil Judgment Enforcement 2025”) will take effect from 01 July 2026 and replace the Law on Civil Judgment Enforcement 2008 (“Law on Civil Judgment Enforcement 2008”). This article analyzes important new provisions of the Law on Civil Judgment Enforcement 2025 that enterprises should particularly note to protect their rights and interests in debt recovery and dispute resolution.

1.Recognition of the legal validity of electronic documents in civil judgment enforcement

For the first time, the Law on Civil Judgment Enforcement 2025 stipulates electronic documents in civil judgment enforcement under Clause 3, Article 5. Accordingly, electronic documents refer to records and information related to judgment enforcement created in the form of data messages, digitally signed, transmitted, received, stored, and processed in a digital environment. These documents are recognized as having legal validity equivalent to paper documents if they meet statutory requirements. For example, a sale and purchase contract established in electronic form and bearing valid electronic signatures of the legal representatives of the parties in accordance with the Law on Electronic Transactions 2023 still has legal validity in civil judgment enforcement.

Previously, the Law on Civil Judgment Enforcement 2008 did not recognize the legal validity of electronic documents, leading many authorities to require hard copies, causing difficulties for enterprises. Under the Law on Civil Judgment Enforcement 2025, enterprises need to ensure that the creation, storage, and use of electronic dossiers comply with legal regulations to protect their rights during judgment enforcement.

2.Shortening the time limit and supplementing methods for verification of judgment enforcement conditions

Previously, under Article 44 of the Law on Civil Judgment Enforcement 2008, enforcement officers were required to verify judgment enforcement conditions within 10 days from the expiry of the voluntary enforcement period. The Law on Civil Judgment Enforcement 2025 (Article 37) shortens this time limit to 09 days and supplements verification methods through digital platforms, direct verification, or written verification.

Additionally, to ensure the verification effectiveness, enforcement officers may request specialized agencies or hire qualified organizations or individuals to examine the actual condition of assets, capital management records, determine shares, capital contributions, digital assets, or conduct surveys and determine land use boundaries and assets attached to land.

Therefore, enterprises should closely monitor the verification process to ensure enforcement is conducted within the prescribed timeframe and to protect their lawful rights and interests.

3.Removal of the provision allowing parties to agree on price reduction levels after unsuccessful auction sales

The Law on Civil Judgment Enforcement 2008 stipulated in Clause 1, Article 104 that when asset auctions are unsuccessful, within 05 working days, the enforcement officer must notify and request the parties to agree on the price reduction level. If, after 10 days, the parties fail to reach an agreement, the enforcement officer may issue a decision to reduce the asset price for a continued auction. Accordingly, when an auction fails, enforcement officers must wait for 15 days to determine whether the parties can agree on a price reduction before issuing a decision to reduce the asset price, thereby prolonging the enforcement process.

The Law on Civil Judgment Enforcement 2025 amends this provision under Clause 3, Article 83, allowing enforcement officers to issue a decision to reduce the price within 05 working days from receiving notice of an unsuccessful auction without waiting for agreement from the parties. This new provision helps shorten asset handling time and accelerate judgment enforcement progress.

4.Supplementing the application of coercive measures to inspect the actual condition of assets

The Law on Civil Judgment Enforcement 2008 stipulated under Article 71 that coercive enforcement measures only include deduction of money from accounts, salary deductions, distraint and handling of assets, exploitation of assets, compulsory transfer of property or property rights, and compulsory performance or non-performance of specific acts. However, this provision did not specifically address coercive measures for inspection of asset conditions, leading to practical difficulties when judgment debtors or asset managers refuse to cooperate or obstruct the determination of asset conditions for distraint and handling.

To address this limitation, the Law on Civil Judgment Enforcement 2025 supplements provisions under Point (d), Clause 2, Article 80, allowing enforcement officers to apply coercive measures to inspect asset conditions. Accordingly, when distraining items, houses, construction works, or other assets where the judgment debtor or asset manager is absent or fails to comply with requests, enforcement officers may organize coercive measures such as breaking locks, opening packages, requiring individuals to leave asset areas, or applying other necessary measures to conduct distraint and inspection of asset conditions.

Failure to cooperate may result in the application of coercive inspection measures and liability for damages arising during the enforcement process. Therefore, if acting as the judgment debtor, enterprises should cooperate with enforcement authorities, provide information, and facilitate asset inspections when requested.

5.Reduction of the priority period for purchasing enforcement assets

The Law on Civil Judgment Enforcement 2008 stipulates under Clause 3, Article 74 the time limit for exercising the priority right to purchase enforcement assets in cases of co-owned property. Accordingly, before the first sale of assets, the time limit for co-owners to purchase the judgment debtor’s portion is 03 months for immovable property and 01 month for movable property; for subsequent sales, the time limit is 15 days from the date of receiving notice. After this period expires without the co-owner exercising the purchase right, the asset will be put up for auction.

The Law on Civil Judgment Enforcement 2025 significantly adjusts this time limit under Clause 1, Article 83. Accordingly, before the first sale of assets, the priority purchase period is shortened to 15 days for immovable property and 05 working days for movable property from the date of valid notification; for subsequent sales, the period is reduced to 03 days.

With this change, enterprises, whether as judgment creditors or judgment debtors, should carefully monitor notifications and prepare plans relating to the purchase of enforcement assets to ensure their lawful rights and interests during the enforcement process.

This article titled “Law on Civil Judgment Enforcement 2025 effective from 01 July 2026: What should Enterprises pay attention to?” is provided by TNTP for readers’ reference. Should you have any inquiries, please contact TNTP for further clarification.

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TNTP & ASSOCIATES INTERNATIONAL LAW FIRM


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