Prohibition on Enforcement Officers' Unauthorized Use of Evidence, Money, Execution Assets

Prohibition on Enforcement Officers' Unauthorized Use of Evidence, Money, Execution Assets
Nguyen Trinh

The Law on Civil Judgment Enforcement 2008 was promulgated on November 14, 2008. This law includes 9 Chapters and 183 Articles. There are certain actions that enforcers are prohibited from performing while carrying out their duties as stipulated in this document.

To be specific, according to the provisions of Article 21 of the Law on Civil Judgment Enforcement 2008, the actions that enforcement officers are prohibited from performing include:

First, actions that the law stipulates are prohibited for officials.

Second, advising parties, or persons with related rights and obligations, leading to unlawful judgment execution.

Third, unlawfully interfering in the resolution of enforcement cases or exploiting one’s influence to impact those responsible for judgment execution.

Fourth, unlawfully using exhibits, money, or assets under enforcement.

Fifth, executing judgments related to the rights and interests of oneself and the following persons:

- Spouse, biological children, adopted children;- Biological father, biological mother, adoptive father, adoptive mother, paternal grandparents, maternal grandparents, uncles, aunts, and siblings of the enforcement officer, or of the spouse of the enforcement officer;- Biological nephews/nieces of whom the enforcement officer is an uncle/aunt or grandparent.

Sixth, using the enforcement officer's card, uniform, badge, and support tools for tasks that are not within the assigned duties and powers.

Seventh, harassing or causing trouble to individuals, agencies, or organizations during the performance of enforcement duties.

Eighth, deliberately executing in contradiction to the judgment or decision’s content; delaying or dragging out the resolution time for assigned enforcement work without any legal basis.

More details can be found in: Law on Civil Judgment Enforcement 2008 which officially took effect on July 1, 2009.

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