To improve the efficiency of civil judgment enforcement with judgments and commercial business decisions in Vietnam

To improve the efficiency of civil judgment enforcement with judgments and commercial business decisions in Vietnam (Internet image)

To improve the efficiency of civil judgment enforcement with judgments and commercial business decisions in Vietnam

Decision 727/QD-TCTHADS in 2023 on the Implementation Plan of the Project "Improving the quality and efficiency of civil judgment enforcement for business and commercial judgments and decisions in the period 2023-2028" of the General Department of Civil Judgment Enforcement.

One of the solutions to improve the efficiency of civil judgment enforcement with commercial business judgments and decisions is: To continue to improve institutions on civil judgment enforcement and other related laws, specifically:

1. Review and evaluate the overall provisions of the Law on Enforcement of Civil Judgments, documents detailing and guiding implementation, and propose solutions for improvement; In particular, the focus is on removing difficulties and obstacles in the execution of judgments and commercial business decisions, simplifying the order and procedures, shortening the time to organize judgment enforcement, and institutionalizing the specific contents of commercial business judgment enforcement, combined to organize a review of 14 years of implementing the Law on Enforcement of Civil Judgments.

- Responsible unit: Operational Department 1.

- Coordinating units: Units under the General Department, Civil Judgment Execution Department of provinces and centrally run cities, and related units (Department of Civil-Economic Law, Department of Judicial Support, Department of National Registration of Secured Transactions, Inspectorate of the Ministry of Justice, Department of International Law, Department of General Issues on Law Development; specialized units under the Supreme People's Court, Supreme People's Procuracy, Government Office, State Bank of Vietnam, Vietnam Federation of Commerce and Industry, Vietnam Lawyers Association, Vietnam Bar Federation).

- Output: Report on review and assessment of provisions of the Law on Enforcement of Civil Judgments, implementation guiding documents, and related laws; Propose amendments and supplements.

- Completion deadline: According to the plan approved by Ministry Leaders.

2. Review, evaluate, propose amendments, and supplement legal regulations on bankruptcy and actively coordinate with the Supreme People's Court in the process of amending the Bankruptcy Law, in order to remove difficulties and obstacles related to civil judgment enforcement in general and enforcement of commercial judgments and decisions in particular.

- Responsible unit: Operational Department 2.

- Coordinating units: units under the General Department, the Civil Judgment Enforcement Department of provinces and centrally run cities, and other relevant units (Department of Judicial Support, a specialized unit under the Supreme People's Court).

- Output: Proposal and recommendation documents sent to the Supreme People's Court.

- Completion deadline: According to the request of the Supreme People's Court.

3. Research, propose and submit to the Government a Decree amending and supplementing Decree 62/2015/ND-CP and Decree 33/2020/ND-CP, which focuses on amending and supplementing regulations on the order and procedures for handling judgment enforcement assets such as shares, stocks, contributed capital...

- Responsible unit: Operational Department 1.

- Coordinating units: Units under the General Department, Civil Judgment Execution Department of provinces and centrally run cities, and related units (Department of Civil - Economic Law, Department of Judicial Support, Inspectorate of the Ministry of Justice, Department of General Legal Affairs; specialized units under the Supreme People's Court, Supreme People's Procuracy, Government Office, Ministry of Finance, Ministry of Planning and Investment, State Securities Commission).

- Output: review and evaluation report; draft amended Decree.

- Completion deadline: 2023–2024.

4. Research and clarify the roles and responsibilities of lawyers in civil judgment enforcement activities; propose amendments and supplements to current legal regulations (incorporated in the process of summarizing and researching amendments to the Law on Civil Judgment Enforcement).

- Responsible unit: Operational Department 1.

- Coordinating units: Units under the General Department, Civil Judgment Execution Department of provinces and centrally run cities, and related units (Department of Judicial Support, Department of Civil - Economic Law; Vietnam Bar Federation and related units).

- Output: Workshop/Discussion; Research reports and proposals.

- Completion deadline: 2023.

More details can be found in Decision 727/QD-TCTHADS in 2023.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE