Handling and resolving complex and lengthy complaints and denunciations, petitions and reports in civil judgment enforcement in Vietnam

Handling coordination of complex and lengthy complaints and denunciations in civil judgment enforcement in Vietnam

Pursuant to Article 26 of Circular 13/2021/TT-BTP (effective from February 13, 2022), there are regulations on coordination in handling complex and prolonged complaints and denunciations as follows:

The civil judgment enforcement management agency under the Ministry of Justice and the civil judgment enforcement agency coordinate with relevant agencies in resolving complex and lengthy complaints and denunciations. For cases that affect political security, social order and safety in the locality, the Head of the civil judgment enforcement agency has the authority to organize inter-sectoral meetings or establish an inter-sectoral working group. The industry verifies and clarifies the contents of complaints and denunciations and agrees on solutions with relevant coordinating agencies; In case of difficulties or problems arising in coordination between agencies, report them to the People's Committee at the same level for direction to resolve according to the provisions of Article 173 and Article 174 of the Law on Civil Judgment Enforcement.

Reviewing, classifying, and handling of complex and lengthy complaints and denunciations and making of recommendations and reports in civil judgment enforcement in Vietnam

Pursuant to Article 27 of Circular 13/2021/TT-BTP (effective from February 13, 2022), there are regulations on reviewing, classifying and handling cases as follows:

The civil judgment enforcement management agency under the Ministry of Justice and the civil judgment enforcement agency review and classify complex and lengthy complaints and denunciations for resolution in the following order:

1. Organize inter-sectoral meetings at central and local levels to agree on a solution plan; organize dialogue with complainants and denouncers; Notify the results of resolving complaints and denunciations.

2. For complaints and denunciations that have been resolved legally, if the complainant or denouncer agrees with the resolution plan, the person competent to resolve the complaint or denunciation shall issue a notice to terminate the settlement. In case the complainant or denouncer does not agree, they will issue a notice of refusal to accept the settlement, and prepare an excerpt of the content of the case and the resolution process to make it public on the agency's portal/website and notify relevant agencies at the central and local levels.

Handling and resolving complex and lengthy complaints and denunciations, petitions and reports in civil judgment enforcement in Vietnam (Image from the Internet)

Handling and resolving of recommendations and feedback in civil judgment enforcement in Vietnam

Pursuant to Article 28 of Circular 13/2021/TT-BTP (effective from February 13, 2022) there are regulations on handling and resolving petitions and reflections in civil judgment enforcement as follows:

Within 05 working days from the date of receipt of the application, the competent person will process as follows:

1. In case the petition or feedback falls within the authority, there will be a written response to the person making the petition or feedback. In case of recommendations or feedback related to many agencies and units, the civil judgment enforcement management agency under the Ministry of Justice and the civil judgment enforcement agency shall preside and coordinate in providing a written response to the petitioner. 

2. In cases that fall under the jurisdiction of another civil judgment enforcement agency or are not related to the field of civil judgment enforcement or fall under the jurisdiction of another agency, respond and guide the petitioner or transfer the application and accompanying documents (if any) to the competent authority for resolution according to the provisions of law.

3. In case the petition or feedback has been forwarded, guided, and responded to according to the provisions of law, but the litigant continues to file a petition with the same content; The application has been sent to many agencies. If it has been submitted to the competent agency for resolution, the application will be saved.

Best regards!