It is necessary to develop a Law on Enforcement of Civil Judgments (amended) in Vietnam

It is necessary to develop a Law on Enforcement of Civil Judgments (amended) in Vietnam (Internet image) 

It is necessary to develop a Law on Enforcement of Civil Judgments (amended) in Vietnam

Content mentioned in Resolution 22/NQ-CP dated February 9, 2024 on the thematic law-making session in January 2024 issued by

Specifically, for the proposed content of developing the Law on Enforcement of Civil Judgments (amended):

The Government highly appreciates the Ministry of Justice for presiding and coordinating with relevant ministries, branches, agencies, and organizations to develop and submit to the Government a dossier proposing to develop a Law on Civil Judgment Enforcement (amended) according to the provisions of the Law on Promulgation of Legal Documents. Basically agree on the necessity of developing and promulgating this Law project, to institutionalize the Party and State's guidelines and policies on innovating the organization and activities of civil judgment enforcement, ensuring Constitutional principles: All judgments and decisions of the Court are respected and guaranteed to be enforced; overcome institutional limitations and inadequacies, ensuring that judgments and decisions of the Court and competent agencies are effectively implemented; protect national interests, ethnic interests, legitimate rights and interests of individuals and organizations; contribute to maintaining social order and safety, ensuring the strictness of the law; improve the business investment environment, enhance national competitiveness, and socio-economic development.

Assign the Ministry of Justice to preside over and coordinate with the Ministry of National Defense, the Ministry of Public Security, the Supreme People's Procuracy, the Supreme People's Court, the Government Office, relevant ministries and agencies, research, and complete the Law Development Proposal Document in the direction of: meeting the requirements of fully institutionalizing the policies and guidelines of the Party and State on judicial reform; innovating the organization and operations of civil judgment enforcement agencies; Review and inherit appropriate current regulations; supplement regulations to handle inadequacies and problems; ensure the synchronization and unity of the legal system; Strengthen decentralization and decentralization of power in resource allocation; improve the enforcement capacity of lower-level agencies; Promote inspection, supervision, and control of power, especially at the direct implementation level; Promote reform of administrative procedures, shorten judgment enforcement time, reduce compliance costs, and create favorable conditions for individuals and organizations in civil judgment enforcement activities; Refer to international experience on a selective basis, suitable to Vietnam's socio-economic conditions, in the model of civil judgment enforcement agencies; Consult experts, scientists, and people doing practical work related to civil judgment enforcement; promote policy communication to create consensus; Coordinate effectively with relevant ministries, branches, and agencies.

Regarding specific policies, the Government requests:

- Agree on the addition of the scope of judgments and decisions to be enforced by judgment enforcement agencies, including: decisions to recognize successful conciliation results according to the provisions of the Law on Conciliation and Dialogue at Court; fines and judicial measures for commercial legal entities according to the provisions of the Penal Code and the Law on Execution of Criminal Judgments. The Ministry of Justice researches and receives opinions from Government Members on the need to promulgate, the name, and the content of the policy;

- Thorough impact assessment, reference to international experience, revision of policy content on the obligation to verify judgment execution conditions, ensuring implementation in practice, contributing to shortening the execution time of judgments, and protecting the legitimate rights and interests of individuals and organizations; Research and stipulate the responsibilities of enforcers in verifying judgment execution conditions; ensure the principle that all judgments and decisions of the Court must be respected and enforced;

- Agree with the Supreme People's Procuracy and the Supreme People's Court on regulations related to the roles, tasks, and powers of the People's Procuracy and People's Court in civil judgment enforcement , ensuring consistency with the provisions of the Law on Organization of the People's Procuracy and the Law on Organization of the People's Courts; Thorough impact assessment of criteria to implement streamlining, streamlining, and improving effectiveness and efficiency; create more favorable conditions in organizing judgment enforcement; do not regulate organizational issues in laws other than the Law on Organization and Apparatus;

- Carefully evaluate the impact of the content of "specific" regulations on complaints and denunciations in civil judgment enforcement, and agree with the Government Inspectorate on this issue on the principle of ensuring uniformity and consistency with the Law on Complaints and the Law on Denunciations, ensuring the right to complain, denounce, and the right to initiate administrative lawsuits in cases where the judgment enforcement agency does not resolve the matter or does not resolve it in accordance with the provisions of the law;

- Summarize, evaluate, and clearly identify current shortcomings related to the position, role, tasks, and powers of the Executor; Research and supplement policy solutions to improve the quality of Executors; discuss and agree with the Ministry of Home Affairs and the Ministry of Finance on regimes and policies for Executors, ensuring consistency with current legal regulations; absorb the opinions of the Minister of Public Security, revise and be consistent with the Law on the Management and Use of Weapons, Explosives, and Support Tools in Civil Judgment Enforcement.

The Government assigned the Ministry of Justice to preside over and coordinate with the Ministries of National Defense, Public Security, Home Affairs, the Government Office, relevant ministries, and agencies to research and fully absorb opinions of Government members. and General Report of the Government Office, editing and completing the dossier of Proposal to develop a Law in accordance with the provisions of the Law on Promulgation of Legal Documents, reporting to the Prime Minister before incorporating it into the Government's Proposal on the 2025 Law and Ordinance Development Program (submitted to the National Assembly for comments at the 9th Session and passed at the 10th Session of the 15th National Assembly).

Deputy Prime Minister Tran Luu Quang was assigned to direct the completion of the proposal to develop this Law.

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