Procedures for organizing judgment enforcement within the civil judgment enforcement agency in Vietnam

Procedures for organizing judgment enforcement within the civil judgment enforcement agency in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Subjects of application of the process of organizing civil judgment enforcement in Vietnam

According to Clause 3, Part 1 of the process promulgated together with Decision 273/QD-TCTHADS, the process of organizing judgment enforcement within a civil judgment enforcement agency applies to:

- Civil Judgment Execution Departments of provinces and centrally run cities;

- Sub-departments of Civil Judgment Execution of districts, towns, and provincial cities.

2. Procedures for organizing judgment enforcement within civil judgment enforcement agencies in Vietnam

The process of organizing judgment enforcement within civil judgment enforcement agencies according to the diagram promulgated in Decision 273/QD-TCTHADS dated February 22, 2017 is carried out through the following steps:

* Step 1: Accepting civil judgment enforcement

- Receipt of civil judgment enforcement requests, judgments, and civil judgment enforcement entrustment dossiers

- Examining and handling civil judgment enforcement requests, judgments, and civil judgment enforcement entrustment dossiers

- Issuing decisions on civil judgment enforcement and assigning enforcers to organize enforcement.

* Step 2: Organize civil judgment enforcement

- Prepare civil judgment enforcement dossiers.

- Notice of civil judgment enforcement

- Verification of Civil Judgment Execution Conditions

- Determining the lack of conditions for civil judgment enforcement and publicizing information about civil judgment debtors who have not yet had civil judgment enforcement conditions.

- Suspension of civil judgment enforcement

- Suspension of civil judgment enforcement

- Exemption or reduction of civil judgment enforcement obligations for state budget revenues

- Proposing the competent court to reconsider the court's judgment or decision according to cassation and reopening procedures.

- Application of measures to secure the enforcement of civil judgments

- Issuing decisions on the enforcement of civil judgments

- Organizing the enforcement of civil judgments

- Performing property valuations

- Conducting property auctions

- Destroying evidences; handling of seized material evidence and properties; declaration of confiscation and forfeiture of state funds

- Returning the money and temporarily seized property to the involved parties

- Collection of money, payment of money for civil judgment enforcement; collection of civil judgment enforcement fees

- Confirmation of civil judgment enforcement results

- Reviewing civil judgment enforcement records

* Step 3: Verify and archive civil judgment enforcement files

- Verification of civil judgment enforcement records

- Archiving civil judgment enforcement files

3. Scope of regulation of the process of organizing civil judgment enforcement in Vietnam

This process stipulates the assignment of tasks within the civil judgment enforcement agency throughout the process of organizing civil judgment enforcement, specifically:

- Acceptance of judgment enforcement, including receipt of judgment enforcement requests, judgments and decisions transferred by courts, commercial arbitrations, or competition case-handling councils (hereinafter referred to as judgments), and documents on entrustment for judgment enforcement;

Examining and handling judgment enforcement requests, judgments, and dossiers of entrustment for judgment enforcement; issuing judgment enforcement decisions; and assigning enforcers to organize judgment enforcement.

- The organization of judgment enforcement, including the process of organizing the execution of judgment enforcement decisions in accordance with law, from the preparation of judgment enforcement dossiers to the completion of judgment enforcement.

- The examination and storage of records of judgment enforcement.

(Clause 2, Part 1, Process issued together with Decision 273/QD-TCTHADS)

4. Purpose of promulgating the process of organizing civil judgment enforcement in Vietnam

The promulgation of procedures for organizing civil judgment enforcement within civil judgment enforcement agencies has the following purposes:

- Regulations on unifying responsibilities, work contents, and relationships between specialized sections and between relevant individuals under the Civil Judgment Execution Department and Sub-Department.

- Specifying the execution time in the process of organizing civil judgment enforcement in order to ensure the timely and lawful organization of judgment enforcement and to ensure the legitimate rights and interests of agencies, organizations, and citizens.

- Helping to effectively manage the civil judgment enforcement activities of local civil judgment enforcement agencies.

(Clause 1, Part 1, Process issued together with Decision 273/QD-TCTHADS)

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