What are regulations on supervision and inspection of civil judgment enforcement in Vietnam?

What are regulations on supervision and inspection of civil judgment enforcement in Vietnam? Are there any legal documents regulating this issue? Please get back to me. Thank you!

What are regulations on supervision and inspection of civil judgment enforcement in Vietnam? (Image from the Internet)

Supervision and inspection of civil judgment enforcement is prescribed in Article 12 of the 2008 Law on Civil Judgment Enforcement and amended by Clause 6, Article 1 of the 2014 Revised Law on Civil Judgment Enforcement as follows:

1. The National Assembly, People’s Councils and the Vietnam Fatherland Front shall supervise the operation of civil judgment enforcement agencies and other state agencies in enforcing civil judgments under law.

2. People’s procuracies shall supervise the law observance by courts, civil judgment enforcement agencies, enforcers and agencies, organizations and individuals involved in civil judgment enforcement.

When supervising civil judgment enforcement, people’s procuracies have the following tasks and powers:

a/ To supervise the grant, transfer, interpretation, modification or supplementation of court judgments and decisions;

b/ To request enforcers and civil judgment enforcement agencies at the same level and lower levels to issue decisions on judgment enforcement and send them such decisions; to properly enforce contents of judgments or decisions, inspect by themselves judgment enforcement and notify inspection results to people’s procuracies; to request agencies, organizations and individuals to provide dossiers, documents and material evidences related to judgment enforcement in accordance with this Law;

c/ To directly supervise civil judgment enforcement activities of civil judgment enforcement agencies at the same level and lower levels, enforcers and related agencies, organizations and individuals; to issue supervision conclusions when the supervision is completed;

d/ To participate in court meetings to consider judgment execution obligation exemption or reduction regarding state budget remittances and give their opinions;

dd/ To recommend consideration of judgment enforcement-related acts or decisions involving less serious violations of courts or civil judgment enforcement agencies at the same level or lower levels, request or remediation of violations and handling of violators; to recommend involved agencies and organizations that make loopholes or shortcomings in the management to remedy causes and conditions of such violations and apply preventive measures;

e/ To protest against acts or decisions of heads and enforcers of civil judgment enforcement agencies at the same level or lower levels involving serious violations, infringing upon the State’s interests or lawful rights and interests of agencies, organizations and individuals; to request the suspension of judgment enforcement, revocation, modification, supplementation, or annulment of decisions involving violations in judgment enforcement and termination of violating acts.

Above is the response to the supervision and inspection of civil judgment enforcement. You can find out more information about this issue in the Law on Enforcement of Civil Judgments 2008.

Best regards!

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