Responsibilities of the Civil Judgment Enforcement Agency Regarding the Termination of Public Disclosure of Information on Judgment Debtors with No Execution Conditions
Principles for Public Disclosure of Information of Judgement Debtors without Execution Conditions
Based on the regulations in Article 3 of Circular 04/2023/TT-BTP as follows:
Principles for Public Disclosure of Information of Judgement Debtors without Execution Conditions
1. The public disclosure of information of judgement debtors without execution conditions must ensure accuracy, transparency, full content, correct form, and timing as prescribed.
2. The head of the civil judgment execution agency is responsible for the accuracy of the disclosed information regarding the decision of the lack of execution conditions.
3. The public disclosure of information of judgement debtors without execution conditions according to the judgments and decisions of military courts is implemented at the request of the execution agencies under the Ministry of National Defense.
Thus, the public disclosure of information of judgment debtors without execution conditions must comply with the above three principles.
Responsibilities of Civil Judgment Execution Agencies Regarding Terminating Public Disclosure of Information of Judgement Debtors Without Execution Conditions
When Must the Public Disclosure of Information of Judgement Debtors Without Execution Conditions Be Terminated?
Based on the regulations in Article 6 of Circular 04/2023/TT-BTP on the change and termination of public disclosure of information of judgement debtors without execution conditions as follows:
Order of Changing, Terminating Public Disclosure of Information of Judgement Debtors Without Execution Conditions
1. Within 03 working days from the date when the information of the judgement debtor has been publicized, if there is any change, the Department of Civil Judgment Execution must update the information of the debtor under the responsibility of the Department and its affiliated Execution Sub-departments. The Execution Sub-departments promptly send information to the Department of Civil Judgment Execution to update the change.
2. Within 02 working days from the date of the decision to suspend execution, or when the judgement debtor has fulfilled their execution obligation, or based on the decision to continue execution, the civil judgment execution agency must terminate the public disclosure of information.
Thus, the civil judgment execution agency must terminate the public disclosure of information of judgment debtors without execution conditions within 02 working days from the following points in time:
- The date of the decision to suspend execution;- Or the date the judgement debtor has fulfilled their execution obligation;- Or the date of the decision to continue execution.
Responsibilities of Civil Judgment Execution Agencies Regarding Terminating Public Disclosure of Information of Judgement Debtors Without Execution Conditions
Based on the regulations in Article 8 of Circular 04/2023/TT-BTP, the responsibilities of the civil judgment execution agencies regarding terminating public disclosure of information of judgment debtors without execution conditions are as follows:
- Department of Civil Judgment Execution:
+ Review, check the information of judgement debtors without execution conditions publicized on the Civil Judgment Execution web portal to promptly update, amend, supplement, and terminate the public disclosure as prescribed by law;
+ Organize prompt and full updates and termination of information of judgement debtors without execution conditions on the web portal of the Department of Civil Judgment Execution;
- Execution Division of Military Zone Level:
Coordinate with the Department of Civil Judgment Execution that has publicized the information of judgment debtors without execution conditions to promptly update and terminate public disclosure of such information as required by law.
When Is Circular 04/2023/TT-BTP Effective?
Based on the regulations in Article 37 of Circular 04/2023/TT-BTP regarding the effectiveness of the document as follows:
Effectiveness
1. This Circular is effective from October 1, 2023. Circular No. 01/2016/TT-BTP dated February 1, 2016, of the Minister of Justice guiding the implementation of certain administrative management procedures and professional forms in civil judgment execution ceases to be effective from the date this Circular takes effect.
2. For judgments already partially or wholly executed before the effective date of this Circular, which have followed the procedures for executing judgments conformably, the result of the execution will be recognized; subsequent procedures will continue to be implemented in accordance with this Circular.
3. In cases where the legal normative documents referenced in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents will apply.
Circular 04/2023/TT-BTP is effective from October 1, 2023.
Judgment executions that have been partially or entirely executed before October 1, 2023, which have followed the procedures for executing judgments conformably, will have their results recognized; subsequent procedures will be continued according to the regulations in Circular 04/2023/TT-BTP.
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