Can the Civil Judgment Enforcement Sub-Department of Go Vap district enforce the judgment of the Civil Judgment Enforcement Sub-Department of Tan Binh District?
Can the Civil Judgment Enforcement Sub-Department of Go Vap district enforce the judgment of the Civil Judgment Enforcement Sub-Department of Tan Binh District?
According to Clause 1, Article 35 of the Law on Civil Judgment Enforcement 2008, amended by Clause 14 Article 1 of the Law on Amendments to the Law on Civil Judgment Enforcement 2014, the competence to enforce judgments in Vietnam is regulated as follows:
1. District-level civil judgment enforcement agencies are competent to enforce the following judgments and rulings:
a/ First-instance judgments and rulings of district-level courts of localities where civil judgment enforcement agencies are located;
b/ Appellate judgments and rulings of provincial-level courts over first-instance judgments and rulings of district-level courts of localities where civil judgment enforcement agencies are located;
c/ Cassation or re-opening decisions of superior people’s courts over judgments and decisions, which have taken legal effect, of people’s courts of urban districts, rural districts, communes, provincial cities and the equivalent where civil judgment enforcement agencies are located;
d/ Judgments and rulings entrusted by district-level civil judgment enforcement agencies of other localities, provincial-level or military zone-level civil judgment enforcement agencies.
Thus, the Civil Judgment Enforcement Sub-Department of Go Vap District can enforce the judgments entrusted by the Civil Judgment Enforcement Sub-Department of Tan Binh District.
Does the Provincial Civil Judgment Enforcement Department in Vietnam have the competence to enforce decisions issued by commercial arbitration?
According to Clause 14, Article 1 of the Law on Amendments to the Law on Civil Judgment Enforcement 2014:
2. Provincial-level civil judgment enforcement agencies are competent to enforce the following judgments and decisions:
a/ First-instance judgments and decisions of provincial-level people’s courts of the same localities;
b/ Judgments and decisions made by superior people’s courts;
c/ Decisions transferred by the Supreme People’s Court to them;
d/ Judgments and decisions of foreign courts, awards of foreign arbitrations recognized by Vietnamese courts for enforcement in Vietnam;
dd/ Awards and decisions of commercial arbitrations;
...
Thus, the Provincial Civil Judgment Enforcement Department in Vietnam has the competence to enforce decisions issued by commercial arbitration.
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