Civil Judgment Enforcement 2025: Seizing Assets

Civil Judgment Enforcement Law 2025: What's New on Seizing Corporate Assets

From 01/7/2026, the Civil Judgment Enforcement Law 2025 (106/2025/QH15) takes effect, replacing the old enforcement framework. For enterprises — especially those with disputes or enforceable debts — the asset seizure rules deserve the closest read: they decide which corporate assets can be frozen, and what defenses the enterprise has.

This article summarizes the core new points on seizing corporate assets.

Contents

• 1. The new framework: CJEL 2025
• 2. Seizure among coercive measures
• 3. Assets exempt from seizure
• 4. Seizing corporate assets: asset types
• 5. Enterprise rights and defenses
• FAQ
• When to engage counsel
• Legal references

1. The new framework: CJEL 2025

The Civil Judgment Enforcement Law 2025 (No. 106/2025/QH15), passed in 2025, is effective from 01/7/2026 — the first comprehensive overhaul in years, aiming to improve asset recovery and protect parties' rights.

Enterprises should note the transitional provisions: cases already under enforcement at 01/7/2026 follow the Law's transition principles — not every old procedure restarts, but coercive measures applied after effectiveness must comply with the new law.

2. Seizure among coercive measures

Asset seizure (ke bien) is one of the coercive enforcement measures under Article 71 of CJEL 2025. Its essence: when the judgment debtor does not voluntarily comply, the enforcement officer issues a seizure decision to temporarily hold/freeze assets — preventing dissipation — then values and auctions them for recovery.

The logical sequence of seizure-based enforcement:

1. Verify enforcement conditions (effective judgment, voluntary period expired);
2. Issue the seizure enforcement decision;
3. Execute seizure: minutes, sealing/custody;
4. Value the seized assets;
5. Auction and pay the judgment creditor.

Each step must follow Article 80 procedures — procedural violations are grounds for complaints and even annulment.

3. Assets exempt from seizure

Not every corporate asset is seizable. Article 79 lists assets exempt from seizure, including:

• Assets banned from circulation by law;
• Assets serving national defense, security and public interests;
• Other essential assets per the statutory list.

For FDI enterprises, the review point: which assets in the factory/warehouse are exempt (e.g., leased assets, third-party goods stored at the enterprise). Seizing a third party's assets gives that party grounds to sue for annulment.

4. Seizing corporate assets: asset types

In practice, enforcement authorities may seize various corporate assets:

• Real estate, workshops, machinery — the classic tangible group;
• Cash and bank accounts — freezing/debiting balances;
• Capital contributions, shares in other enterprises — seizable intangibles; disposal must respect remaining members'/shareholders' pre-emptive rights under the Law on Enterprises;
• Receivables and claims — seizure of property rights;
• Inventory and raw materials.

A notable improvement in the 2025 Law is the refined mechanism for enterprise-specific assets (contributions, property rights), reducing the old "seizable but unsellable" deadlock.

5. Enterprise rights and defenses

Seizure is not the end of the road. Enterprises have tools:

1. Voluntary compliance before coercion — always cheapest;
2. Agreement with the judgment creditor on payment methods/timing (deferral, installments);
3. Proving assets are exempt (Article 79) or third-party owned;
4. Complaints against unlawful decisions/acts of enforcement officers or wrong procedures;
5. Re-valuation requests if assets appear unreasonably undervalued.

Governance recommendation: periodically review effective but unenforced judgments, provision and plan payments — never receive a seizure decision passively.

FAQ

Full 5 Q&As (effectiveness, seizure concept, exempt assets, defenses, seizing equity) in frontmatter `faq_items`.

When to engage counsel

When you need: seizure-risk assessment; proving exempt-asset status; complaints against enforcement officers; negotiating enforcement plans with creditors; or handling seizure of contributions/shares. Contact FLAT Law Firm — hotline 0988424851.

Legal references

• Civil Judgment Enforcement Law 2025 (106/2025/QH15), effective 01/7/2026 — Art. 71 (coercive measures), Art. 79 (exempt assets), Art. 80 (asset seizure). Original text cross-checked via thuvienphapluat.vn on 28/9/2026.