Winning a lawsuit is only half the journey. When the losing party is able to comply but refuses to do so voluntarily, the law hands enforcement agencies a coercive “sword” — and asset seizure is the strongest, most effective measure to ensure judgments are actually enforced.
This article presents the compulsory seizure process under the 2025 Law on Civil Judgment Enforcement (No. 106/2025/QH15, effective from 01/07/2026) and Decree 152/2026/ND-CP when the judgment debtor will not comply voluntarily.
Important note: the 2008 Law on Civil Judgment Enforcement has expired and was fully replaced by Law 106/2025/QH15 from 01/07/2026. The former seizure rules (Articles 71–74 of the 2008 Law) are now set out in Articles 78–83 of the 2025 Law.
1. The principle: voluntary first, coercion after
Effective court judgments and decisions must be enforced. The judgment debtor is given a deadline for voluntary compliance. Under Article 72 of the 2025 Law on Civil Judgment Enforcement, once that deadline lapses and the debtor is able to comply but does not, coercive enforcement follows — nobody is coerced “immediately” after judgment without this step.
Where it is necessary to prevent the debtor from dissipating or destroying assets, or engaging in other conduct aimed at evading enforcement, the head of the civil enforcement agency or the enforcement officer may immediately apply safeguard and coercive measures. Coercion may not be organized between 10 p.m. and 6 a.m. the following morning, or on public holidays and days off.
2. Asset seizure: the core coercive measure
Under Article 71 of the 2025 Law on Civil Judgment Enforcement, the judgment debtor is subject to one or more of six coercive measures: (1) deduction of money in accounts, collection of money, disposal of valuable papers; (2) deduction from income; (3) exploitation of assets; (4) seizure and disposal of assets, including assets held by third parties; (5) handover of assets, objects and documents; (6) compulsion to perform or to refrain from performing specific work.
Coercive measures must be proportionate to the debtor’s obligation and the enforcement costs (Article 72.3).
3. The seizure process (Articles 78–83)
Step 1 — Asset verification: the enforcement officer verifies what assets the debtor holds, where they are, and their legal status (mortgaged? disputed?). Agencies, organizations and individuals managing the debtor’s assets or accounts must provide complete, accurate information and documents within the required time (Article 37.6).
Step 2 — Seizure decision (Article 78): the enforcement officer issues a decision seizing the debtor’s assets, including assets held by third parties. The Law sets detailed rules for specific asset types: where land use rights carry attached assets, both must be seized; a home that is the debtor’s family’s sole residence may only be seized where the debtor has no other assets, or where existing assets are insufficient — except where the judgment orders seizure or the home is secured property ordered for disposal by the judgment.
Step 3 — Executing the seizure (Article 80): the enforcement officer must prepare seizure minutes recording the time, place, participants, seized assets, custody arrangements and the parties’ opinions. Before seizing real estate, the officer must give at least 03 working days’ notice to the competent People’s Procuracy, the land management authority, commune-level government representatives, the parties and interested persons.
Step 4 — Valuation and price determination (Article 82): within 05 working days after seizure is completed, the enforcement officer signs a service contract with a valuation enterprise (unless the parties agree on the price). The starting price for the first auction is the appraised or determined price, or the price agreed by the parties.
Step 5 — Sale of seized assets (Article 83): before the first sale, co-owners and parties entitled to priority purchase are notified — the priority window is 15 days for real estate and 05 working days for movables. Sales are by auction: movables within 30 days, real estate within 45 days from the auction service contract date. Each price reduction may not exceed 10% of the starting price of the immediately preceding auction round.
4. Mortgaged assets: still seizable
A common misunderstanding: lawfully mortgaged or pledged assets at a bank can still be seized for enforcement — the law does not exclude mortgaged assets from seizure (Article 79 lists non-seizable assets, and mortgaged assets are not among them), and Article 78.1 permits seizure even of assets held by third parties. The enforcement officer does not need the bank’s “consent” to issue the seizure decision.
5. Limits on seizure
- Proportionality: only assets corresponding to the obligation plus enforcement costs may be seized — no excessive seizure (Article 72.3);
- Non-seizable assets (Article 79): the law excludes assets prohibited from circulation; assets serving national defense, security and public interests; foodstuffs, medicines, medical equipment, worship items, work tools and minimum essential household items of the debtor’s family;
- Right to complain: the debtor and interested parties (including the mortgagee bank) may complain against enforcement decisions or the officer’s conduct believed unlawful.
6. Frequently asked questions
Q: What if the losing party has no assets?
A: The enforcement agency verifies; where the debtor is found unable to comply, the head of the civil enforcement agency issues a decision on the lack of conditions for enforcement (Article 38). The creditor may request re-verification upon discovering new information about assets.
Q: Can the family home be seized?
A: Where the home is the debtor’s family’s sole residence, the enforcement officer may seize it only if the debtor has no other assets or they are insufficient — except where the judgment orders seizure or the home is secured property ordered for disposal by the judgment (Article 78.3(b)).
Q: How long after seizure until auction?
A: Within 05 working days after seizure, the officer contracts a valuation enterprise; movables are auctioned within 30 days and real estate within 45 days from the auction service contract date (Articles 82–83).
Losing party refusing to comply with the judgment? Contact us for assistance requesting compulsory enforcement.
This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.