Handling and accepting complaints in civil judgment enforcement in Vietnam

Handling complaints in civil judgment enforcement in Vietnam

Pursuant to Article 8 of the Circular 13/2021/TT-BTP (effective from 13/02/2022) stipulating handling complaints in civil judgment enforcement in Vietnam as follows:

Within 05 working days from the date of receiving the complaint, the competent person shall handle as follows:

1. If the complaint falls under the settlement competence as prescribed in Article 142 of the Law on Civil Judgment Execution and Article 7 of this Circular, the complaint shall be accepted for settlement; if the application is not eligible for acceptance, it shall send a written reply to the complainant to know the reason or guide the complainant to supplement information and documents related to the complaint in order to be accepted for settlement.

2. In case the complaint falls under the settlement competence of another civil judgment enforcement agency, it shall be transferred to the competent civil judgment enforcement agency for settlement according to regulations and notified to the complainant.

3. Where a complaint is not within its competence or an effective complaint settlement decision has been issued, it will not be accepted but must provide written instructions and reply to the complainant. Instructions and answers are only done once. No considering, accepting and settling complaints about instructions and replies.

4. In case of filing application:

a) Complaints have been transferred, guided, answered and settled in accordance with law, but the involved parties continue to have complaints with the same contents;

b) An anonymous complaint, using another person's name, unknown address, on behalf of the collective, without the complainant's signature or fingerprint;

c) An application written in a foreign language without a notarized translation;

d) The application contains content that opposes the Party's lines and guidelines, the State's policies and laws, or contains content that divides ethnic and religious solidarity;

dd) The application contains profanity, defames or insults the honor and reputation of individuals, agencies or organizations;

e) The application is torn, the writing is erased, unclear or unreadable;

g) The application is sent to many agencies at the same time, of which the competent agency has been submitted for settlement;

h) The petition does not clearly identify the complainant or the complained act but has invited the complainant twice to determine the complaint contents or has requested in writing to provide information and documents but the complainant has not been able to determine the complaint contents. Complaints do not come do not provide as requested without good reason.

The time limit for filing an application is one year, upon the expiration of the time limit for filing an application, it will be considered and decided to destroy the application in accordance with law.

5. In the case of a complaint about the non-acceptance of complaint settlement by a lower-level civil judgment enforcement agency, the person competent to consider and handle the complaint shall be handled as follows:

a) If the lower level civil judgment enforcement agency's refusal to accept the complaint settlement is grounded, a written reply shall be issued to the complainant;

b) If the complaint contents fall under the settlement competence of the lower-level civil judgment enforcement agency and fully meet the acceptance conditions, it shall issue written instructions to the lower-level civil judgment enforcement agency to settle it according to regulations, and notify the complainant at the same time.

6. Complainants may file complaints themselves or authorize a lawyer, legal aid officer or authorize another person with full civil act capacity to make a complaint. The authorization must be in writing and authenticated or notarized. In case the complainant is a minor or has lost his/her civil act capacity, his/her legal representative shall make the complaint.

Accepting complaints, requesting reports, explanations, providing records and documents in civil judgment enforcement in Vietnam

Pursuant to Article 9 of the Circular 13/2021/TT-BTP (effective from 13/02/2022) stipulating accepting complaints, requesting reports, explanations, providing records and documents in civil judgment enforcement in Vietnam as follows:

1. Within 05 working days from the date of receipt of the first complaint, 10 days from the date of receipt of the second complaint, if it is within its jurisdiction and does not fall into the cases specified in Article 141 of the Law For civil judgment enforcement, the person competent to settle complaints must accept the settlement and notify in writing the complainant.

The person competent to resolve complaints issues a notice of acceptance for each complaint. In case many people complain about the same content at the same time, the person competent to settle complaints shall issue a notice of general acceptance together with the list of complainants.

2. Making reports and explanations, providing dossiers and documents:

Within 02 working days from the date of notification of acceptance, the complaint settler shall request the complainant to report in writing and provide the case file.

a) For enforcers, the time limit for implementation is no more than 02 working days from the date of receiving the request;

b) For lower-level civil judgment enforcement agencies, the time limit for making explanation reports, providing dossiers and documents is no more than 05 working days from the date of receiving the documents. Simultaneously with the issuance of the written request by post or on the national document link, the complaint settler can use the telephone, fax or email, etc. to request the examination agency. civil judgment execution;

c) Heads of civil judgment enforcement management agencies under the Ministry of Justice, heads of civil judgment enforcement agencies are required to report and explain and take responsibility for the truthfulness, completeness and accuracy of reports, records and documents. Dossier and copies of documents sent must be marked with a pen and certified by the head of the agency.

3. If the contents of the complaint, explanation report of the complainant and relevant documents and records are clear, there are sufficient grounds and legal grounds for conclusion and settlement, the settler shall resolve the complaint immediately issue a decision on settlement of the complaint.

Best regards!