It is recognized that the word “attachments” used for the subject of

these questions—and of the book that will result—may be referred to

by many other terms. Such words include garnishments, embargoes,

seizures, arrests—as well as a variety of other terms in languages other

than English. The term “attachment” has been used as a generic term

for all of these, and other, kinds of judicial orders that have the effect

of immobilizing property of a debtor in connection with civil

proceedings for damages, expected or already awarded. These orders

may be in the form of removing property from the possession of a

defendant or his debtor or of injunctions preventing the debtor from

removing his property from the jurisdiction. Thus, “order of

attachment,” as used herein, may refer to injunctions as well.

 

As can be seen, the term “plaintiff” has been used for the party with

a claim who is the applicant for an attachment order, and “debtor” has

been used for the person against whom the plaintiff has the claim and

whose property the plaintiff seeks to attach. “Garnishee” has been used

for the person—be it a bank or other obligor to the debtor—who holds

property that is the subject of the order of attachment. The term of

“obligor” may also refer to “defendant” or “debtor”, and “beneficiary”

or “beneficiaries” may also refer to “plaintiff” depending on the

context of application.

 

 

Under the existed laws and regulations of Vietnam, attachment of

assets is available under three legal processes: civil litigation, criminal

litigation, and punishment for administrative violations. This study,

however, focuses only on the attachment of assets by civil litigation,

following a contractual relationship between the parties. Procedures of

civil litigation include processes of the adjudication for the parties’

rights and the enforcement for execution of a court’s judgment.