Postponement of judgment enforcement means the change of time of judgment or decisions enforcement to a later time.

Heads of civil judgment enforcement agencies shall issue decisions to postpone judgment enforcement in the following cases:

  • The judgment debtor falls seriously ill as certified by the health establishment of district or higher level, or to loss or restriction of capacity for civil acts under the judgment or decision of the Court;
  • Has unidentified address, or cannot fulfill by himself/herself his/her obligation under the judgment or ruling for other plausible reasons;
  • The judgment creditor agrees to let the judgment debtor postpone the judgment enforcement. The agreement on postponement must be made in writing, clearly indicating the postponement duration, and signed by involved parties. In this duration, the judgment debtor may, with the judgment creditor’s consent, bears no interest arising from the postponed judgment enforcement if there are no agreements;
  • The assets to enforce which has been accepted by a court for settlement according to Article 74, 75 of Law on enforcement of civil judgments; the distrained assets according to Article 90 of Law on enforcement of civil judgments, after discounting under the provisions, the value is equal or lower than the costs and the secured obligation;
  • The judgment enforcement is in the middle of the period for competent agencies to explain judgments and rulings and respond to petitions of civil judgment enforcement agencies;
  • The person receiving the property, the person who has been given the custody has been duly notified twice about receiving the property;
  • The transfer of the judgment execution right or obligation have not implemented yet because of an objective obstacle or a force majeure circumstance;
  • The distrained assets cannot be sold while the judgment creditor refuses to accept them for judgment enforcement according to Clause 3 Article 104 of Law on enforcement of civil judgments.


Postponed rectangular rubber stamp

With the coercive enforcement of judgments:

Heads of civil judgment enforcement agencies shall issue decisions on judgment enforcement postponement upon receiving requests of persons with protesting competence at least 24 hours before the time of coercive judgment enforcement set in coercion decisions. In case judgment enforcement agencies receive such requests less than 24 hours before the time of coercive enforcement set in decisions on coercive judgment enforcement, heads of civil judgment enforcement agencies may decide on judgment enforcement postponement when finding it necessary.

For judgments which have been partially or completely enforced, civil judgment enforcement agencies shall promptly notify such in writing to judgment enforcement postponement requesters. Persons competent to protest against court judgments or rulings according to cassation or re-opening procedures may request enforcement postponement only once for examination of their protests in order to avoid irremediable consequences.

The maximum duration of judgment enforcement postponement requested by persons competent to protest against judgments or decisions is 3 months after the date of making written requests for judgment enforcement postponement. In this duration, judgment debtors may bear no interest arising from the postponed judgment enforcement.

The time limit for issuing a judgment enforcement decision postponement is 5 working days after these emerges a ground as specified in Clause 1 of Article 48 of Law on enforcement of civil judgments. In the case specified in Clause 2 of Article 48 of this Law, a decision on judgment enforcement postponement shall be promptly issued upon receipt of a competent person’s request./.