Handling Complaints in Civil Judgment Enforcement

Circular 02 stipulates that within 03 working days from the date of assignment, officials must study the contents of the complaint petition and propose to the competent person to handle as follows:

- In cases where the complaint falls under the jurisdiction for resolution as stipulated in Article 142 of the Law on Civil Judgment Execution, the complaint petition shall be accepted; in cases where the petition does not meet the conditions for resolution, a written reply must be sent to the complainant explaining the reason or guiding the complainant to supplement the necessary information and documents related to the complaint for acceptance and resolution.- In cases where the complaint falls under the jurisdiction of a subordinate civil judgment enforcement agency, the petition must be transferred to the competent civil judgment enforcement agency for resolution as per regulations, and the complainant must be notified.- In cases where the complaint does not fall under the jurisdiction or has already had a complaint resolution decision that is legally effective, the complaint shall not be accepted. However, a written guide or reply must be provided to inform the complainant. This guidance or reply shall only be done once.- In cases where the complaint has already been transferred, guided, replied to, and resolved as per law but the involved party continues to submit a petition with the same content; anonymous, fabricated, unclear address complaints, or collective complaints without a signature or fingerprint of the complainant; petitions simultaneously sent to multiple agencies, where one of the agencies has the competence for resolution; petitions where the complainant has been invited twice to clarify the complaint content and requested to provide information and documents but fails to appear or provide the required information without proper justification, the petition shall be filed.

See details in Circular 02/2016/TT-BTP, which takes effect from March 16, 2016.

- Thao Uyen -

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