Legal advice

Are people who do not pay debts banned from leaving the country?

. November 3, 2024 10:48

Question: The person who defaulted on my debt is planning to go abroad. I have filed a lawsuit and the enforcement agency has invited that person to come in for questioning. Will they be banned from leaving the country?

PHAM HUNG(Thanh Mien)

Reply:According to Clause 3, Article 71 of the Law on Civil Judgment Enforcement, the enforcement agency has the right to apply compulsory measures to enforce the judgment in cases where the judgment debtor has the conditions but does not voluntarily enforce. One of the compulsory measures is to seize and auction the property of the judgment debtor, including houses, vehicles and other assets.

If the debtor has assets such as real estate or vehicles but refuses to voluntarily execute the judgment, the enforcement agency can take compulsory measures to seize and value these assets for auction, and use the money to execute the judgment according to the judgment's decision.

In addition, according to Clause 4, Article 36 of the 2019 Law on Citizens' Exit and Entry, those who are obliged to execute a judgment but evade or embezzle assets will have their exit temporarily suspended to prevent them from leaving Vietnam before completing their obligations.

Therefore, your debt defaulter will not be allowed to leave the country without fulfilling his obligations.

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Are people who do not pay debts banned from leaving the country?