In what cases are complaints about civil judgment enforcement not accepted for settlement in Vietnam?
Which cases of complaints about civil judgment enforcement are not accepted and resolved?
Complaints about civil judgment enforcement will not be accepted for settlement in the following cases:
1. Complained decisions or acts are not directly related to rights and legitimate interests of complainants.
2. Complainants do not have the full civil act capacity and lawful representative, unless otherwise provided for by law.
3. Complainants’ representatives have no papers proving their lawful representation.
4. The statute of limitations for lodging complaints expires.
5. There have been effective complaint settlement decisions, except for the cases specified at Point b, Clause 4 and Point b, Clause 7, Article 142 of this Law.
In what cases are complaints about civil judgment enforcement not accepted for settlement in Vietnam? (Image from the Internet)
Is it possible to request a representative to lodge complaints on decision to enforce a civil judgment in Vietnam?
I do not agree with the decision to execute the sentence, I find it very unfair. Can I make a complaint through a representative now?
According to Article 147 of the Law on Enforcement of Civil Judgments 2008, it is stipulated:
Complainants may lodge their complaints in any of the following forms:
1. Sending written complaints to agencies with complaint-settling competence. Such a written complaint must clearly state the date of complaint; full name and address of the complainant; full name and address of the complained person; complaining contents, reason for complaint and request for settlement. Written complaints must be signed or fingerprinted by complainants.
2. Orally presenting complaint contents at agencies with complaint-settling competence. Persons responsible for receiving complaints shall guide complainants in writing down their complaints or record presented complaint contents under Clause 1 of this Article, and have these documents signed or fingerprinted by complainants.
3. Lodging complaints through their representatives. Representatives must have papers proving the legality of the representation and the lodging of complaints must strictly comply with the procedures specified in Clauses 1 and 2 of this Article.
Based on the above regulations in Vietnam, you have right to complain through a representative. However, the representative must have documents proving legal representation. In addition, the correct procedure must be followed by sending a complaint to the competent authority according to the above regulations.
Right to complain about current civil judgment enforcement in Vietnam
Hello everyone, my name is To My, I live and work in Long An. To protect my own rights regarding the decisions of the civil judgment enforcement agency, I have researched and consulted a number of documents, but I still do not have a definitive answer, specifically: What are regulations on right to complain about current civil judgment enforcement? Which document regulates this issue? Hope to receive an answer soon, thank you very much! (01233**)
Pursuant to Article 140 of the Law on Enforcement of Civil Judgments 2008, the right to complain about judgment enforcement is prescribed as follows:
1. Involved parties and persons with related rights and obligations have the right to complain about decisions or acts of heads of civil judgment enforcement agencies or enforcers if they have grounds to believe that these decisions or acts are illegal or having infringed upon their rights and legitimate interests.
2. Statute of limitations for lodging complaints about decisions or acts of heads of civil judgment enforcement agencies or enforcers are as follows:
a/ Fifteen days after receiving decisions or knowing acts, for judgment enforcement decisions or acts before the application of security or coercive measures;
b/ Three working days after receiving decisions, for decisions on application of the measure of blockading accounts.
Ten days after receiving decisions on or knowing acts of application of other security measures;
c/ Thirty days after receiving decisions on or knowing acts of application of coercive measures;
d/ Thirty days after receiving decisions or knowing acts after application of coercive measures.
In case due to objective obstacles or force majeure circumstances, complainants cannot exercise the right to lodge complaints within the set time limit, the period when these objective obstacles or force majeure circumstances exist will not be counted into the time limit for lodging complaints.
For further complaints, the statute of limitations is 15 days after receiving competent persons’ complaint settlement decisions.
Above is advice on the right to complain about current civil judgment enforcement in Vietnam. To understand more clearly and in detail, please learn more at the Law on Enforcement of Civil Judgments 2008. Hopefully the information shared above will be helpful to you.