Who is a civil judgment enforcer in Vietnam? In what cases is a civil judgment enforcer discharged from duty?
Who is a civil judgment enforcer in Vietnam?
Pursuant to Article 17 of the 2008 Law on Enforcement of Civil Judgments in Vietnam:
Enforcers
1. Enforcers are persons tasked by the State to enforce judgments and rulings prescribed in Article 2 of this Law. Enforcers have three ranks: junior enforcer, intermediate-level enforcer and senior enforcer.
2. Enforcers shall be appointed by the Justice Minister.
3. The Government shall specify the order of and procedures for selection examination and appointment of enforcers.
At the same time, based on Article 2 of the 2008 Law on Enforcement of Civil Judgments in Vietnam as amended by Clause 2, Article 1 of the 2014 Law amending and supplementing a number of articles of the Law on Enforcement of Civil Judgments and point c, Clause 1, Article 116 of the 2018 Competition Law, the enforcers are:
Persons tasked by the State to enforce judgments and rulings:
Judgments and rulings having taken legal effect:
- Judgments and rulings or parts of judgments and rulings of first-instance courts against which are not appealed or protested against according to appellate procedures;
- Judgments and rulings of courts of appeal;
- Cassation or reopening trial rulings of courts;
- A settlement decision of the President of National Competition Commission or anti-competitive settlement council, a decision on handling of complaint against settlement decision of the President of National Competition Commission or anti-competitive settlement council that involved parties are unwilling to enforce or do not file a lawsuit to a court after 15 days from the date on which the decision takes effect;
- Awards and decisions of commercial arbitrations;
- Bankruptcy settlement decisions of courts.
The following judgments and rulings of first-instance courts shall be enforced immediately though they may be appealed or protested against:
- Judgments and rulings on alimony, salary or wage payment, severance allowance, job-loss allowance, working capacity loss allowance or compensation for loss of life or damage to health or mental harm, or reemployment of dismissed employees;
- Rulings on application of provisional urgent measures.
Who is a civil judgment enforcer in Vietnam? In what cases is a civil judgment enforcer discharged from duty?
In what cases is a civil judgment enforcer in Vietnam relieved from duty?
Pursuant to Article 19 of the 2008 Law on Enforcement of Civil Judgments in Vietnam stipulating as follows:
Relief from duty of enforcers
1. Enforcers will be automatically relieved from duty in case they retire or are transferred to other agencies.
2. The Justice Minister shall consider and decide on relief from duty of enforcers in the following cases:
a/ They are unable to fulfill their tasks due to family circumstances or poor health;
b/ Their professional qualifications and capacity are insufficient for fulfilling their tasks or they no longer satisfy the criteria for enforcers for other reasons.
3. The Government shall specify the order of and procedures for relief from duty of enforcers.
Thus, civil judgment enforcers shall be relieved from duty in the following cases:
- Enforcers will be automatically relieved from duty in case they retire or are transferred to other agencies.
- The Justice Minister shall consider and decide on relief from duty of enforcers in the following cases:
+ They are unable to fulfill their tasks due to family circumstances or poor health;
+ Their professional qualifications and capacity are insufficient for fulfilling their tasks or they no longer satisfy the criteria for enforcers for other reasons.
What are the procedures and application for relief from duty of a civil judgment enforcer in Vietnam?
Pursuant to the provisions of Article 64 of Decree 62/2015/ND-CP a number of regulations are annulled by Article 2 of Decree 33/2020/ND-CP stipulating the procedures for relief from duty of enforcers as follows:
- Directors of civil judgment enforcement authorities of provinces shall prepare applications for reassignment of their enforcement officers; Director of Military Judgment Enforcement Administration shall prepare applications for reassignment of its enforcement officers.
- An application for reassignment of an enforcement officer consists of:
+ An application form that contains reasons for reassignment;
+ A written request for reassignment or the enforcement officer issued by Director of the civil judgment enforcement authority of the province or Director of Military Judgment Enforcement Administration.
What are the prohibitions on a civil judgment enforcer in Vietnam?
Pursuant to Article 21 of the 2008 Law on Enforcement of Civil Judgments in Vietnam stipulating prohibitions on enforcers, including:
- Prohibitions on civil servants as prescribed by law.
- Providing advice to involved parties and persons with related interests and obligations, leading to unlawful judgment enforcement.
- Illegally intervening in the handling of cases subject to judgment enforcement or abusing one’s influence to affect persons responsible for judgment enforcement.
- Illegally using material evidence, money and assets involved in judgment enforcement.
- Enforcing judgments related to their own rights and interests and those of the following persons:
+ Their spouses, blood children or adopted children;
+ Their blood parents, adoptive parents, paternal or maternal grandparents, uncles, aunts, and blood siblings or those of their spouses;
+ Nephews and nieces whose blood parents are their blood siblings.
- Using their enforcer cards, uniforms and badges or support tools in conducting activities beyond their assigned tasks and vested powers.
- Harassing or troubling individuals, agencies or organizations in the course of judgment enforcement.
- Intentionally enforcing judgments or rulings in violation of their contents; delaying or prolonging the enforcement of judgments assigned to them without adequate legal grounds.
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