How is the Petition for Review of the Court's Judgment or Decision under Supervisory and Retrial Procedures Implemented?
How are petitions to review court judgments and decisions under cassation and reopening procedures carried out?
Pursuant to Article 10 of Joint Circular 11/2016/TTLT-BTP-TANDTC-VKSNDTC, the procedure for petitioning to review court judgments and decisions under cassation and reopening procedures is conducted as follows:
- In cases where there are grounds to review court judgments and decisions under cassation and reopening procedures, the head of the civil judgment enforcement agency where the enforcement of the case is being organized shall be responsible for petitioning the competent authority to review such judgments and decisions.
The competent authority must respond to the petition within 03 months, in case of complex matters, no more than 04 months from the date of receipt of the petition.
- If the petition period has not expired but a response from the competent authority indicating no grounds to accept the petition or no decision to review under cassation or reopening procedures is received, the civil judgment enforcement agency shall implement the legally effective judgment or decision.
+ If the petition period expires without receiving a response from the competent authority, the civil judgment enforcement agency shall continue to implement the legally effective judgment or decision.
+ Concurrently, the head of the civil judgment enforcement agency shall issue a written notice to the Chief Justice of the People's Court and the Head of the People's Procuracy having jurisdiction about the failure to receive a response from the competent authority.
- In cases of damages due to the enforcement of court judgments and decisions, the resolution of compensation claims shall be carried out according to the law on state liability for compensation.
How are petitions to review court judgments and decisions under cassation and reopening procedures carried out? (Image from Internet)
How to implement cassation and reopening decisions?
Pursuant to Article 12 of Joint Circular 11/2016/TTLT-BTP-TANDTC-VKSNDTC, the implementation of cassation and reopening decisions is regulated as follows:
- In cases where a court judgment or decision has been partially or fully implemented but a protest under cassation or reopening procedures is received, the civil judgment enforcement agency must immediately notify the authority that made the protest of the enforcement result.
+ The authority that made the protest has the responsibility to send a notification of the enforcement result to the competent court for cassation or reopening review and resolution according to the law.
+ Upon retrial, the court must clearly adjudicate the rights and obligations of the litigants based on appropriate accounting and offsetting with the enforcement results.
- In cases where the cassation or reopening decision annuls the legally effective court judgment or decision for retrial at the first-instance or appellate level and the civil judgment enforcement agency has not yet disbursed the collected judgment enforcement amount (including the amount collected through the sale of the judgment debtor's property), the civil judgment enforcement agency shall make procedures to deposit the collected judgment enforcement amount in a bank for a 01-month term.
The interest from the savings deposit will be added to the initial deposit amount to be implemented according to the new legally effective judgment or decision.
In what cases can the court be requested to interpret judgments and decisions on civil judgment enforcement?
Pursuant to Clause 1, Article 9 of Joint Circular 11/2016/TTLT-BTP-TANDTC-VKSNDTC, the regulation is as follows:
Request for judicial interpretation of judgments and decisions
1. In cases where the court judgment or decision is unclear, causing difficulties in enforcement, or spelling errors, numerical errors, or calculation mistakes are found, the head of the civil judgment enforcement agency shall issue a written request to the court that issued the judgment or decision to clarify the unclear points or correct the spelling or numerical errors. The court has the responsibility to respond to the issues raised in the written request from the civil judgment enforcement agency.
The interpretation of unclear points, correction of spelling errors, or numerical mistakes shall be carried out in writing according to the procedure provided by the law on procedural matters and Article 179 of the Civil Judgment Enforcement Law.
2. The court's written response is the basis for the civil judgment enforcement agency to issue an enforcement decision, revoke or amend, supplement the issued enforcement decision, or continue enforcement activities. Within 05 working days from the receipt of the court’s written response, the civil judgment enforcement agency shall continue enforcement activities or issue a decision to revoke, amend, supplement the issued enforcement decision, or issue a new enforcement decision, including the content of maintaining the enforcement result if the previous enforcement process had no procedural errors.
Therefore, according to the above provisions, a request for judicial interpretation of civil judgment enforcement judgments and decisions is made when the court judgment or decision is unclear, causing difficulties in enforcement, or when spelling errors, numerical errors, or calculation mistakes are found.
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