Acceptance and verification of denunciations in civil judgment enforcement in Vietnam
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Acceptance of denunciations in civil judgment enforcement in Vietnam
Pursuant to Article 17 of Circular 13/2021/TT-BTP (effective from February 13, 2022), there are regulations on accepting denunciations as follows:
1. The person competent to resolve denunciations shall make a decision to accept denunciations according to the provisions of Article 29 of the Law on Denunciations.
In case the denunciation originates from a complaint that has been resolved with the right authority, order and procedures according to the provisions of law, but the complainant does not agree and instead denounces the person who resolved the complaint, then only accept denunciations when the denouncer can provide information, documents, and evidence to determine that the person resolving the complaint has violated the law.
In case the accuser makes a further denunciation, within 20 days from the date of receiving the further denunciation, the competent person shall review and re-resolve the denunciation if there is one of the grounds specified in Clause 3, Article 37 of the Law on Denunciations or not re-resolve if the previous denunciation settlement is in accordance with the law and notify the accuser.
In case the denunciation has not been resolved after the prescribed time limit, the Head of the superior civil judgment enforcement agency or the Head of the civil judgment enforcement management agency under the Ministry of Justice shall direct or directly resolve the matter. decided according to the provisions of Article 38 of the Law on Denunciations and Article 5 of Decree No. 31/2019/ND-CP dated April 10, 2019 of the Government detailing a number of articles and measures to organize the implementation of the Law on Denunciations.
2. Within 05 working days from the date of the decision to accept the denunciation, the person resolving the denunciation must notify the denunciation of acceptance and inform the accused of the denunciation content.
Acceptance and verification of denunciations in civil judgment enforcement in Vietnam (Image from the Internet)
Verification of denunciation content in civil judgment enforcement in Vietnam
Pursuant to Article 19 of Circular 13/2021/TT-BTP (effective from February 13, 2022), the person resolving the denunciation shall establish a team to verify the denunciation content. The verification team is responsible for developing a work plan and assigning specific tasks to members to verify the denunciation content according to the following steps:
1. Announcing the decision to establish a Team to verify the denunciation content:
The head of the verification team is responsible for assigning or announcing the decision to establish a team to verify the denunciation content to the accused person and the accused person's agency within 10 days from the date of issuance of the decision. The assignment or announcement of the decision to establish a Team to verify the denunciation content must be recorded in writing, signed by the person announcing the decision and the person being denounced. The record must be made in two copies, one copy must be given to the accused person.
2. Work directly with the accused or accuser:
a) The person resolving the denunciation and the Denunciation Verification Team must work directly with the accused person, request the accused person to explain in writing about the denounced contents and provide information and documents, evidence related to the denounced content, explanation content, continue to provide information, documents, evidence, explanation on unclear issues;
b) In case of necessity, the denunciation handler and the denunciation verification team work directly with the accuser. In case of not being able to work directly with the accuser for objective reasons, the person resolving the complaint or the Head of the Team to verify the denunciation content will request in writing the accuser to provide information, documents and evidence to clarify the content of the complaint.
3. The person resolving the denunciation or the Head of the Team verifying the denunciation content has the right to request relevant agencies, organizations and individuals to provide information, documents and evidence related to the denunciation content. If necessary, the Denunciation Verification Team will work directly to collect information, documents and evidence related to the denunciation content.
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