Is power to cancel the decision on judgment enforcement decided by the court in Vietnam?

Is power to cancel the decision on judgment enforcement decided by the court in Vietnam?

In case when settling a dispute related to assets coerced for judgment enforcement specified in Clause 12, Article 26 of the 2015 Civil Procedure Code, some involved parties believe that the decision on enforcement of judgment enforcement is incorrect. Does the Court have authority to cancel the decision on judgment enforcement according to the provisions of Article 34 of the Civil Procedure Code 2015?

Reply:

According to Clause 12, Article 26 of the Civil Procedure Code 2015 and Clause 32, Article 1 of the 2014 Law on Civil Judgment Execution, the Court only considers settling disputes related to assets subject to enforcement; Courts do not deal with right or wrong enforcement.

In case the person with interests and obligations related to the decision on enforcement of judgment thinks that such decision is illegal, according to the provisions of Clause 1, Article 140, Clause 1, Article 160 of the Law on Civil Judgment Execution 2008, they have the right to complain about decisions and acts of heads of civil judgment enforcement agencies and enforcers; The procuracies have the right to protest against decisions and acts of heads of civil judgment enforcement agencies and enforcers of civil judgment enforcement agencies. The settlement of complaints and protests shall comply with the provisions of the Law on Civil Judgment Execution 2008. When settling a dispute over ownership related to assets coerced for judgment enforcement, the Court has no right to annul the decision on judgment enforcement as a separate decision of an agency or organization.

Do civil judgment enforcement agencies have right to appeal according to reopening procedures in Vietnam?

In a civil case where there is a judgment, if the civil judgment enforcement agency discovers important details of the case, does civil judgment enforcement agency have right to appeal according to reopening procedures?

Reply:

According to Article 354 of the 2015 Civil Procedure Code, persons competent to appeal according to reopening procedures include:

1. The Chief Justice of the Supreme People's Court and the Chairperson of the Supreme People’s Procuracy shall be competent to appeal according to reopening procedures against the legally effective judgments/decisions of the Collegial People’s Court; legally effective judgments/decisions of other Courts when it is deemed necessary, except for cassation decisions of the Council of Judges of the Supreme People's Court.

2. The Chief Justices of the Collegial People’s Courts and the chairpersons of the shall be competent to appeal according to the reopening procedures against legally effective judgments/decisions issued by People’s Courts of provinces or People’s Courts of districts within competence.

3. Persons who have appealed against legally effective judgments/decisions shall have the power to suspend the enforcement of such judgments/decisions until the reopening decisions are made.

In addition, Article 487 of the 2015 Civil Procedure Code provides the following:

If a civil-judgment enforcement agency file a recommendation about the re-consideration of a judgment/decision of the Court according to cassation or reopening procedures, the competent Court shall make response within 03 months from the day on which the recommendation is received; if the case is too complicated, such time limit shall be 04 months from the day on which the recommendation is received.

According to the above provisions in Vietnam, civil judgment enforcement agencies do not have right to appeal according to reopening procedures. However, they have right to petition for the review of the Court's judgment or decision according to reopening procedures.

What is amendment or supplementation of decision on judgment enforcement when the judgment is changed in Vietnam?

The judgment enforcement agency that issues a decision to execute the judgment when the judgment has taken effect will receive a notice to correct or supplement the judgment due to errors or changes in the contents of the case. The judgment enforcement agency revoked the judgment and re-issued the decision on judgment enforcement. So, will the decision-making on judgment enforcement be included in the Judgment Acceptance Book? Please advise. Sincere thanks!

Reply:

According to Article 268 of the 2015 Civil Procedure Code:

1. A judgment, once pronounced must not be amended or supplemented, except where obvious mistakes in spelling, in data due to confusion or miscalculation are detected.

2. If the judgment needs to be amended or supplemented as prescribed in clause 1 of this Article, the Judge shall cooperate with People’s Jurors being members of the trial panel making such judgment to issue a decision on amendment and/or supplement of the judgment and immediately send it to the involved parties, agencies/organizations/individuals initiating the lawsuit, procuracy of the same level and civil judgment-executing bodies if the judgment has been sent to such civil judgment-executing bodies.

In cases where the Judge in charge of the case no longer hold the Judge's position at the Court making such judgment, the courts' Chief Justices shall carry out such amendment or supplementation.

Thus, the Court's notice to correct and supplement the legally effective judgment due to errors, changing the contents of the case is not in accordance with the law. The judgment enforcement agency requests the Court to reconsider the addition of that judgment. If the judgment is protested against and adjudicated according to cassation or reopening procedures, on a case-by-case basis, the judgment enforcement will be suspended (if there is a decision to terminate the judgment execution and the judgment enforcement ends the judgment execution for the old judgment) or the judgment enforcement agency shall issue a judgment enforcement decision and accept the judgment enforcement for the new judgment or decision under the provisions of Article 135 and Article 136 of the Law on Civil Judgment Execution 2008 in Vietnam.

In case the Court issues a notice to amend and supplement the judgment in accordance with law in Vietnam, the head of the judgment enforcement agency shall, based on Clause 2, Article 37 of the 2008 Law on Civil Judgment Execution, issue a decision to amend and supplement the judgment execution. In this case, the judgment enforcement case has been accepted, the decision to amend and supplement does not change the content of the judgment enforcement case, so it should not be counted as a new judgment enforcement, but it should be recorded in Acceptance book to facilitate monitoring, inspection and organization of judgment enforcement.

Best regards!