The measure of exit suspension for civil judgment debtors

Exit suspension is a special administrative management measure aimed at ensuring the effectiveness of civil judgment enforcement and protecting the lawful rights and interests of relevant parties. In essence, it is a mechanism that restricts the right to exit to guarantee the enforcement of judgments, serving as an effective legal tool to prevent evasion of obligations and encourage fulfillment and enforcement of civil judgments by judgment debtors. 

1. Legal provisions related to the exit suspension measure for civil judgment debtors

According to the Law on Exit and Entry of Vietnamese Citizens 2019 (“Law on Exit and Entry”): 

• A person obligated to execute a civil judgment, or the legal representative of an agency or organization having such obligation, may be subject to exit suspension if there are grounds to believe that their departure would affect the interests of the State, or the lawful rights and interests of agencies, organizations, or individuals, or to ensure enforcement of the judgment.
  (Clause 4, Article 36, Law on Exit and Entry) 

• The exit suspension period ends when the violator or obligated person has fulfilled the judgment or decision issued by a competent authority in accordance with this Law.
  (Point b, Clause 1, Article 38, Law on Exit and Entry) 

According to Consolidated Document No. 6994/VBHN-BTP of 2024, consolidating the guiding decrees for the implementation of the Law on Civil Judgment Enforcement (“Consolidated Decree”): 

• If the obligated party is an agency or organization, its legal representative may be subject to exit suspension to ensure enforcement. In cases where a notification is received about the change of legal representative, or falls under the cases specified in Clause 4 of this Article, the civil judgment enforcement agency shall send a written notice to the immigration authority to update the information.
  (Clause 1, Article 51, Consolidated Decree) 

• The exit suspension may be lifted or canceled when there is a cassation or reopening decision that nullifies the judgment being enforced, when the grounds for suspension no longer exist, or when the case falls under the exceptions provided in Clause 2 of this Article.
  (Clause 4, Article 51, Consolidated Decree) 

2. Duration and conditions for cancellation of exit suspension

The duration of exit suspension is not fixed by time but depends on the progress of obligation fulfillment. According to regulations, the exit suspension may be canceled when it is lifted, not extended, or upon expiration of the statutory time limit.
(Clause 2, Article 38, Law on Exit and Entry) 

3. Exceptions where exit suspension does not apply

In addition, reflecting the law’s flexibility in balancing effective enforcement and protection of individual freedom, the following exceptions allow a judgment debtor not to be subject to exit suspension: 

• An irrevocable power of attorney has been granted to another person with sufficient assets and capacity to perform the obligation; 

• There is a written agreement from the judgment creditor; 

• The statute of limitations for enforcement has expired; 

• The individual is a foreign national who committed a minor offense, is seriously ill, has no assets in Vietnam, and has a written commitment to fulfill obligations after repatriation, certified by the diplomatic mission. 

(Clause 2, Article 51, Consolidated Decree) 

4. Comparison with tax administration mechanisms

Unlike in the field of tax administration, under Clause 5, Article 36 of the Law on Exit and Entry, exit suspension may apply to taxpayers or legal representatives of enterprises being subject to enforcement of administrative decisions on tax management. However, in practice, the Tax Department has excluded cases where an individual is no longer the legal representative of the enterprise being enforced and has no obligation relating to the tax arrears—such person is not subject to exit suspension. 

In contrast, in civil judgment enforcement, the legal representative of an organization with an enforcement obligation may still be subject to exit suspension even after a change in representative personnel. The change is only recognized when the civil judgment enforcement agency notifies the immigration authority to update the information. This approach ensures strict control over enforcement obligations and prevents avoidance of liability through legal formalities. 

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