| \r\n THE SUPREME OF\r\n PEOPLE’S PROCURACY | \r\n \r\n SOCIALIST\r\n REPUBLIC OF VIETNAM | \r\n
| \r\n No. 810/QD-VKSTC \r\n | \r\n \r\n Hanoi, December\r\n 20, 2016 \r\n | \r\n
PROMULGATING\r\nREGULATIONS ON SUPERVISION OF CIVIL JUDGMENT ENFORCEMENT, ADMINISTRATIVE\r\nJUDGMENT ENFORCEMENT
Pursuant to the Law on Organization of the\r\nPeople’s Procuracy 2014;
Pursuant to the Law on Civil Judgment\r\nEnforcement (amended in 2014);
At the request of the Director of Department of\r\nSupervision of Civil Judgment Enforcement;
Article 1. Issue together with this Decision\r\nthe Regulation on supervision of civil judgment enforcement, administrative\r\njudgment enforcement, superseding the Regulation on supervision of civil\r\njudgment enforcement issued together with Decision No. 255/2013/QD-VKSNDTC-V10\r\ndated June 19, 2013 of the Chief Procurator of the People’s Supreme Procuracy.
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Article 3. The heads of units affiliated to\r\nthe Supreme People’s Procuracy, Chief Procurators of the Superior People’s\r\nProcuracies, Chief Procurators of the People’s Procuracies in provinces and\r\ncentral-affiliated cities, Chief Procurators of the Central Military Procuracy\r\nshall implement this Decision./.
PP. THE CHIEF\r\n PROSECUTOR
\r\n DEPUTY CHIEF PROSECUTOR
\r\n
\r\n
\r\n
\r\n
\r\n Nguyen Thi Thuy Khiem
ON SUPERVISION OF\r\nCIVIL JUDGMENT ENFORCEMENT, ADMINISTRATIVE JUDGMENT ENFORCEMENT
\r\n(Issued herewith Decision No. 810/QD-VKSTC-V11 dated December 20, 2016 of the\r\nChief Prosecutor of the Supreme People’s Procuracy)
Chapter I
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Article 1. Position of supervision of civil\r\njudgment enforcement, administrative judgment enforcement
Supervision of civil judgment enforcement,\r\nadministrative judgment enforcement (hereinafter referred to as civil and\r\nadministrative judgment enforcement) means one of tasks of procuratorial\r\njudicial activities of the People’s Procuracies in accordance with the\r\nConstitution and the Law on Organization of the People’s Procuracies 2014.
Article 2. Subject of supervision of civil and\r\nadministrative judgment enforcement
Subject of supervision of civil and administrative\r\njudgment enforcement (hereinafter referred to as enforcement supervision) is\r\nthe observance of the law of People’s Court, civil enforcement agencies,\r\nenforcers, bailiff offices, bailiffs; entities relevant to enforcement of\r\ncourt's judgment on civil, marriage and family, business, trade, labor and\r\nadministrative matters; court’s decision on bankruptcy; foreign court’s\r\njudgment/decision recognized by the Vietnamese court and being executed in\r\nVietnam; fines, confiscation of assets, collection of money and property\r\nclaimed as unjust enrichment; decision on settlement of competitions cases made\r\nby council of competition case settlement in connection with property of\r\njudgment debtor; commercial or foreign arbitral award (hereinafter referred to\r\nas civil and administrative judgment which have legal effect or has not had\r\nlegal effect but will be executed promptly as per the law; and the observance\r\nof the law of authorities in charge of settling claims about civil and\r\nadministrative enforcement.
Article 3. Scope of enforcement supervision
When carrying out enforcement supervision, the\r\nPeople’s Procuracy shall supervise the observance of the law of courts, civil\r\nenforcement agencies, enforcers, entities relevant to civil judgment\r\nenforcement, bailiff offices and bailiffs from the effective date of the civil\r\nor administrative judgment until the completion of the execution; or when the\r\nclaim about civil or administrative judgment enforcement is completely settled\r\nwith justifiable grounds as per the law.
Article 4. Tasks and powers of the People’s\r\nProcuracy when carrying out enforcement supervision
1. When carrying out enforcement supervision, the\r\nPeople’s Procuracy shall base on regulations of the Law on Organization of the\r\nPeople’s Procuracy 2014, the amended Law on Civil Judgment Enforcement 2014\r\n(hereinafter referred to as the Law on Civil Judgment Enforcement 2014); Criminal\r\nCode, the Criminal Procedure Code, the Civil Code, Civil Procedure Code 2015,\r\nthe Law on Administrative Procedure 2015, the Law on Bankruptcy 2014, the Law\r\non Land 2013, the Law on Housing 2015 and relevant law provisions as the legal\r\nbasis for the supervision.
When supervising or evaluating the civil judgment\r\nenforcement happening at a certain time, the People’s Procuracy must base on\r\nlegislative documents in force at that time and compare with other applicable\r\nlegislative documents.
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2. When supervising the handling of complaints\r\nabout civil or administrative judgment enforcement, the People’s Procuracy has\r\ntasks and powers prescribed in Article 30 of the Law on Organization of the\r\nPeople’s Procuracy 2014; Article 159 of the Law on Civil Judgment Enforcement\r\n2014; Articles 315, 343 of the Law on Administrative Procedures 2015 and\r\nRegulations on reception of citizens, handling of complaints and supervision of\r\nhandling of complaints in judicial activities, issued together with Decision\r\nNo. 51/QD-VKSNDTC-V12 dated February 2, 2016 of Chief Procurator of the\r\nPeople’s Supreme Procuracy (hereinafter referred to as Regulation 51).
Chapter II
Article 5. Supervising issuance and transfer of\r\njudgments; explanation, correction, modification; handling of claims against\r\ncourts’ judgments
1. Supervise if the court issues and transfers the\r\nentire of a judgment or a part of judgment which is legally effective or not legally\r\neffective but to be executed instantly, a decision on application of temporary\r\nemergency measures to the civil enforcement agency, judgment creditor, judgment\r\ndebtor (hereinafter referred to as litigants) in accordance with Articles 27,\r\n28, 29 of the Law on Civil Judgment Enforcement 2014; Articles 139, 212, 214,\r\n217, 268, 269, 315, 336, 350, 357, 484 and 485 of the Civil Procedure Code\r\n2015; Articles 75, 196, 197, 244, 264, 279 and 286 of the Law on Administrative\r\nProcedures 2015; Articles 229, 254 and 288 of the Criminal Procedure Code 2003\r\n(Articles 262, 395 and 403 of the Criminal Procedure Code 2015); supervise the\r\ntransfer of reports on handover of property in seizure or exhibits and exhibits\r\nenclosed to the civil enforcement agency (if any); supervise if the court\r\nissues or transfers the judgment adequately, within the time limit and to the\r\nstatutory entities.
2. Supervise if the court makes explanation,\r\ncorrection, modification and settle claims against judgment in accordance with\r\nArticle 179 of the Law on Civil Judgment Enforcement 2014; Articles 268, 486\r\nand 487 of the Civil Procedure Code 2015, Article 310 of the Law on\r\nAdministrative Procedures 2015.
3. If the People’s Procuracy identifies that the\r\ncourt violates regulations on issuance or transfer of judgments to litigants\r\nand civil enforcement agencies or regulations on explanation, correction,\r\nmodification of judgments, the People’s Procuracy shall request the court to\r\nfulfill their duties as per the law.
Article 6. Supervising receipt and refusal of\r\nrequests for civil and administrative judgment enforcement
When supervising the receipt or refusal of a\r\nrequest for judgment enforcement, the People’s Procuracy shall supervise if the\r\nperson who makes the request, the content of the request, procedures for\r\nsubmitting the request, the receipt or refusal of the civil enforcement agency\r\nare compliant with Article 31 of the Law on Civil Judgment Enforcement 2014;\r\nArticle 4 of Government's Decree No. 62/2015/ND-CP dated July 18, 2015 on\r\nguidelines for the Law on Civil Judgment Enforcement (hereinafter referred to\r\nas Decree No. 62/2015/ND-CP).
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When supervising the process to make a decision on\r\ncivil judgment enforcement or expedite the administrative judgment enforcement,\r\nthe People’s Procuracy shall supervise:
1. if the arrangement of judgment enforcement\r\nbefore the civil enforcement agency makes a decision on judgment enforcement\r\nconforms to Article 5 of Decree No. 62/2015/ND-CP;
2. if the request for judgment enforcement is made\r\nwithin the time limit prescribed in Article 30 of the Law on Civil Judgment\r\nEnforcement and Article 4 of Decree No. 62/2015/ND-CP; if the enforcement\r\nagency complies with Clause 2 Article 6 and Clause 3 Article 7 of Decree No.\r\n62/2015/ND-C when making a decision on judgment enforcement by themselves or\r\nupon others' requests and make a decision on judgment enforcement related to\r\njoin rights or obligations if the enforcement agency complies with\r\nArticle 57 of the Law on Civil Judgment Enforcement 2014 when making a decision\r\non judgment enforcement in case of entrustment, if the enforcement agency complies\r\nwhich Article 35 of the Law on Civil Judgment Enforcement 2014 when the\r\nsuperior enforcement agency takes up the case for further execution or the case\r\ninvolving foreign elements is executed, or if relevant entities comply with\r\nArticle 54 of the Law on Civil Judgment Enforcement 2014 when transferring\r\nthe judgment execution right or obligation;
3. if the basis for making a decision on judgment\r\nenforcement (such as a court’s decision to be executed or a request for\r\njudgment enforcement), authority, time limit and procedures for making a\r\ndecision on judgment enforcement and the equivalence of content between the\r\ndecision on judgment enforcement and the judgment to be executed conforms to\r\nArticles 23, 35, and 36 of the Law on Civil Judgment Enforcement 2014; Articles\r\n6, 7 and 9 of Decree No. 62/2015/ND-CP; and
4. if the court issues a decision to compel the\r\nadministrative judgment enforcement or the civil enforcement agency expedites\r\nthe enforcement of a court’s administrative judgment in accordance with Article\r\n312 of the Law on Administrative Procedures 2015.
Article 8. Supervising content of decisions on\r\njudgment enforcement, revocation, amendment and annulment of decisions on\r\njudgment enforcement; sending of decisions on or notices of judgment\r\nenforcement
1. After receiving a decision on judgment\r\nenforcement from a civil enforcement agency, the People’s Procuracy shall\r\nsupervise whether the decision is legitimate and has justifiable basis. If the\r\ndecision is considered illegitimate and has no justifiable basis, the People’s\r\nProcuracy shall request or appeal to the issuer in writing to revoke or amend\r\nsuch decision.
2. Supervise if the decision on judgment\r\nenforcement is revoked, amended or annulled in accordance with Article 37 of\r\nthe Law on Civil Judgment Enforcement 2014.
3. Supervise if the decision on or notice of\r\njudgment enforcement is sent as prescribed in Articles 38, 39, 40, 41, 42 and\r\n43 of the Law on Civil Judgment Enforcement 2014 and Article 12 of Decree No.\r\n62/2015/ND-CP; ensure that every decision on judgment enforcement must be sent\r\nto the Procuracies and relevant entities as per the law.
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1. The People’s Procuracy shall supervise if the\r\nbasis, authority, and performance of entrustment of the civil judgment\r\nenforcement conform to Articles 55, 56 and 57 of the Law on Civil Judgment\r\nEnforcement 2014, Article 16 and Clause 2 Article 35 of Decree No.\r\n62/2015/ND-CP.
2. On receiving an entrustment decision from the\r\ncivil enforcement agency, if the People’s Procuracy considers that it is\r\nillegitimate or has no justifiable basis, the People’s Procuracy shall request\r\nor appeal to the civil enforcement agency to revoke such an entrustment\r\ndecision.
If the entrustment decision is legitimate and has\r\njustifiable basis, within 3 working days from the receipt date, the People’s\r\nProcuracy that receives the entrustment from the enforcement agency shall send\r\na notice to the People’s Procuracy which initiates the entrustment.\r\n Within 3 working days from the receipt date, the People’s Procuracy that\r\ninitiates the entrustment shall send an acknowledgement of notice to the\r\nPeople’s Procuracy.
Article 10. Supervising verification of judgment\r\ndebtor's financial capacity
When supervising the verification of the judgment\r\ndebtor’s financial capacity, the People’s Procuracy shall supervise:
1. if the judgment debtor conforms to the time\r\nlimit for voluntary judgment enforcement as prescribed in Clause 1 Article 45\r\nof the Law on Civil Judgment Enforcement 2014; if the enforcer conforms to the\r\ntime limit for verification as prescribed in Article 44 of the Law on Civil\r\nJudgment Enforcement 2014;
2. if documents representing actual verification of\r\nthe judgment debtor’s financial capacity by the enforcers; methods and participants\r\nin the verification, and the verification report conform to Article 44 of the\r\nLaw on Civil Judgment Enforcement 2014 and Article 9 of Decree No.\r\n62/2015/ND-CP.
3. the verification result, clearly showing that\r\nwhether the judgment debtor’s financial capacity satisfies the judgment debt;\r\nif the judgment debtor has property to satisfy the judgment debt, the property\r\nstatus and ownership and use must be specified; supervise if such property is\r\ntransacted before or after the court issues the judgment or if the property is\r\nunder dispute or held by a third party or put up as collateral for another\r\ncivil transaction etc.
4. if the classification of whether the judgment\r\ndebtor's financial capacity satisfies the judgment debt, power and basis for\r\nmaking a decision to confirm that the judgment debtor's financial capacity has\r\nnot satisfied the judgment debt conform to Article 44a of the Law on Civil\r\nJudgment Enforcement 2014; Article 9 of Decree No. 62/2015/ND-CP; if the\r\ndisclosure of the judgment debtor who has not financial capacity conform to\r\nArticle 44a of the Law on Civil Judgment Enforcement 2014 and Article 11 of\r\nDecree No. 62/2015/ND-CP.
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Article 11. Supervising delay, suspension,\r\nresumption and termination of civil judgment enforcement
1. Supervise if the head of civil enforcement\r\nagency issues a decision on delay, suspension, resumption or termination of\r\ncivil judgment enforcement in accordance with Articles 48, 49 and 50 of the Law\r\non Civil Judgment Enforcement 2014; Article 332 and 354 of the Civil Procedure\r\nCode 2015; Clause 3 Article 5 and Article 14 of Decree No. 62/2015/ND-CP.
Supervise if the civil enforcement agency suspends\r\nor terminates the judgment enforcement after the court accepts or issues a\r\ndecision on initiation of bankruptcy process or annul above decisions in\r\naccordance with Article 41 and Article 71 of the Law on Bankruptcy 2014 and\r\nArticle 20 of this Regulation.
2. When supervising matters prescribed in Clause 1\r\nhereof, the People’s Procuracy shall supervise the following matters: the power\r\nto make decision, legal basis, actual basis for making decisions; contents of\r\ndecisions; compliance with time limit for delay, suspension, termination or\r\nresumption of judgment enforcement.
When detecting any decision which is illegitimate\r\nor has not basis, the People’s Procuracy shall request or appeal to the issuer\r\nin writing to revoke, amend or annul it as prescribed in Article 8 of this\r\nRegulation.
Article 12. Supervising transfer of judgment\r\nexecution right or obligation
1. Supervise if the judgment execution right or\r\nobligation is transferred in accordance with the Civil Code, Article 54 of the\r\nLaw on Civil Judgment Enforcement 2014, Article 15 of Decree No. 62/2015/ND-CP\r\n(transfer due to consolidation, acquisition; division; dissolution, bankruptcy\r\nor the judgment creditor or debtor's death).
The People’s Procuracy shall supervise the transfer\r\nof judgment execution right or obligation related to a debt purchase contract\r\nbetween a credit institution and VAMC based on Decree No. 53/2013/ND-CP dated\r\nMay 18, 2013 on establishment, organization and operation of Asset Management\r\nCompany of Vietnamese credit institutions and Decree No. 34/2015/ND-CP dated April\r\non amendments to Decree No. 53/2013/ND-CP.
2. When supervising the transfer of judgment\r\nexecution right or obligation, the People’s Procuracy has authority to request\r\nthe civil enforcement agencies to verify and provide proof of verification or\r\nassign procurators to verify in person; perform other entitlements as per the\r\nlaw to ensure the legal transfer of judgment execution right or obligation.
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1. Supervise if the enforcer adopt security\r\ninterests such as: freezing of account; lien on property or documents;\r\nsuspension of registration, transfer or change in current conditions of\r\nproperty as prescribed in Articles 66, 67, 68 and 69 of the Law on Civil\r\nJudgment Enforcement 2014; Articles 13, 18, 19, 20 and 34 of Decree No.\r\n62/2015/ND-CP.
2. When supervising the adoption of security\r\ninterests for judgment enforcement, the People’s Procuracy shall supervise the\r\npower, basis, time limit and procedures for each security interest.
Article 14. Supervising enforcement actions\r\ntaken
1. When supervising enforcement actions taken, the\r\nPeople’s Procuracy shall supervise the following matters:
- The power, basis, statutory entities, time limit\r\nand applied procedures for each enforcement action; plan for enforcement\r\nactions if forces must be mobilized;
- The estimates, provisional sums, payments,\r\nremission of enforcement action fees (as prescribed in Article 73 of the Law on\r\nCivil Judgment Enforcement 2014; Articles 43, 44 and 45 of Decree No.\r\n62/2015/ND-CP);
- The maintenance of property related to judgment\r\nenforcement; determination, distribution of common property, property under\r\ndispute for judgment enforcement;
- The valuation or sale of property (as prescribed\r\nin Articles 98, 99, 101, 102, 103 and 104 of the Law on Civil Judgment\r\nEnforcement 2014; Articles 25, 26, 27, 30 and 31 of Decree No. 62/2015/ND-CP;\r\nDecree No. 17/2010/ND-CP dated March 4, 2010 on property auction);
- The collection and management of judgment\r\nenforcement fees; return of property and collection of judgment enforcement\r\nfees; amount, procedures for collection and payment, remission of judgment\r\nenforcement fees; cases of exemption for judgment enforcement fees as\r\nprescribed in Article 60 of the Law on Civil Judgment Enforcement 2014;\r\nArticles 46, 47 and 48 of Decree No. 62/2015/ND-CP; the payment and return of\r\nproperty related to judgment enforcement as prescribed in Article 47 of the Law\r\non Civil Judgment Enforcement 2014, Article 49 of Decree No. 62/2015/ND-CP.
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When supervising the enforcement actions at the\r\npremises, the enforcer shall examine in advance documents relevant to the\r\nenforcement actions and report any violation to the head of the People’s\r\nProcuracy; and then if the enforcer detects any violation at the premises,\r\nhe/she shall request the enforcement agency for correct the violation and report\r\nit to the head of the People’s Procuracy.
Whenever necessary to supervise valuation or\r\nauction of property, the People’s Procuracy has power to request the valuer and\r\nauction organizations or the civil enforcement agency to provide judgment\r\nenforcement dossier, valuation dossier or auction dossier for supervision.
3. When supervising enforcement actions to be\r\ntaken, the People’s Procuracy shall supervise following:
a) Enforcement actions as to property being money:\r\nDeduction of money from accounts (as prescribed in Articles 76, 77 of the Law\r\non Civil Judgment Enforcement 2014; Article 21 of Decree No. 62/2015/ND-CP);
b) Enforcement actions as to property being\r\nvaluable papers: Retention or sale of valuable papers (as prescribed in\r\nArticles 82, 83 of the Law on Civil Judgment Enforcement 2014, Article 18 of\r\nDecree No. 62/2015/ND-CP);
c) Enforcement actions as to property being\r\nintellectual property rights: Distraint and use of intellectual property\r\nrights; valuation and auction of intellectual property rights (as prescribed in\r\nArticles 84, 85 and 86 of the Law on Civil Judgment Enforcement 2014, Articles\r\n30, 31 of Decree No. 62/2015/ND-CP);
d) Enforcement actions as to property being\r\nobjects:
- Procedures for distraint of property in general\r\n(taking account of property not being distrained, procedures for distraint of\r\ndifferent kinds of property as prescribed in Article 87, 88 of the Law on Civil\r\nJudgment Enforcement 2014; Article 24 of Decree No. 62/2015/ND-CP);
- Distraint of property being land use right,\r\nproperty requiring ownership registration or secured transaction registration\r\n(as prescribed in Article 89 of the Law on Civil Judgment Enforcement 2014);
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- Distraint of property of the judgment debtor held\r\nby a third party (as prescribed in Article of the Law on Civil Judgment\r\nEnforcement 2014);
- Distraint of property under common ownership (as\r\nprescribed in Article 74 of the Law on Civil Judgment Enforcement 2014);
- Distraint of property being contributed capital\r\n(in kind) (as prescribed in Article 92 of the Law on Civil Judgment Enforcement\r\n2014);
- Distraint of property locked or packed things (as\r\nprescribed in Article 93 of the Law on Civil Judgment Enforcement 2014);
- Distraint of property on land (as prescribed in\r\nArticle 94 of the Law on Civil Judgment Enforcement 2014);
- Distraint of housing (as prescribed in Article 95\r\nof the Law on Civil Judgment Enforcement 2014);
- Distraint of means of transport, yields (as\r\nprescribed in Articles 96, 97 of the Law on Civil Judgment Enforcement 2014);
When supervising distraint actions against property\r\nbeing things, the following matters must be supervised: distraint of property\r\nrequiring registration of ownership or secured transactions (Article 89 of the\r\nLaw on Civil Judgment Enforcement 2014); valuation and re-valuation of property\r\nbeing distrained (Article 98 and Article 99 of the Law on Civil Judgment\r\nEnforcement 2014); handover or sale of property being distrained (including\r\nauction); protection of buyer and receiver of property being auctioned;\r\ncancellation of auction result, dealing with property under an auction which\r\nhas no participant or is not successful; distraint release; registration and\r\nassignment of right to own or right to use property; payment and return of\r\nproperty (as prescribed in Articles 100, 101, 102, 103, 104, 105 and 106 of the\r\nLaw on Civil Judgment Enforcement 2014, Articles 27, 28 and 49 of Decree No.\r\n62/2015/ND-CP);
dd) Distraint of property being land use right,\r\ntaking account of land use rights which cannot be distrained, distraint\r\nprocedures, temporary handover for management and use of land area being\r\ndistrained; actions taken against property on land being distrained (as\r\nprescribed in Articles 89, 110, 111, 112 and 113 of the Law on Civil Judgment\r\nEnforcement 2014);
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g) Procedures for coercive\r\nreturn of objects; documents; land use rights; housing (as prescribed in\r\nArticles 114, 115, 116 and 117 of the Law on Civil Judgment Enforcement 2014);
h) Coercive performance of the\r\nobligation to do or not to do certain jobs (as prescribed in Articles 118,\r\n119, 120 and 121 of the Law on Civil Judgment Enforcement 2014).
Article 15. Supervising application of\r\nprovisional urgent measures of courts and commercial arbitrators
1. During settling a civil case or matter, an\r\nadministrative case, or a request for initiation of bankruptcy process, the\r\ncourt has power, at their discretion or at the request of litigants, legal\r\nrepresentative of litigants or relevant entities which file a lawsuit to\r\nprotect legitimate rights and interests of others, to apply one or multiple\r\nprovisional urgent measures as prescribed in Article 114 of the Civil Procedure\r\nCode 2015; Article 68 of the Law on Administrative Procedures 2015, Article 17\r\nand Article 70 of the Law on Bankruptcy 2014. The decision on application,\r\nchange, or cancellation of provisional urgent measures shall be made as\r\nprescribed in the Law on Civil Judgment Enforcement (in accordance with Article\r\n142 of the Civil Procedure Code 2015; Article 70 of the Law on Bankruptcy 2014;\r\nArticles 130, 131, 132 and 133 of the Law on Civil Judgment Enforcement 2014).
While processing a lawsuit under commercial arbitration\r\nprocedures, the commercial arbitrator has authority to apply provisional urgent\r\nmeasures as prescribed in Articles 8, 48, 49, 50, 51 and 53 of the Law on\r\nCommercial Arbitration 2010.
2. The People’s Procuracy shall supervise if civil\r\nenforcement agencies implement decisions on application of provisional urgent\r\nmeasures of courts and commercial arbitrators in accordance with the Law on\r\nCivil Judgment Enforcement (Articles 130, 131, 132 and 133 of the Law on Civil\r\nJudgment Enforcement 2014; Article 35 of Decree No. 62/2015/ND-CP).
Article 16. Supervising confiscation\r\ninto the state budget; destruction of assets; refund of sums of money or return\r\nof assets which are distrained or seized under criminal judgments or rulings
1. Supervise handover and\r\nreceipt of seized material evidence between presiding agencies and civil\r\nenforcement agencies (as prescribed in Article 122 and Article 123 of the Law\r\non Civil Judgment Enforcement 2014); carefully supervising composition and\r\nreceipt procedures; especially material evidence being sealed.
Supervise the preservation of material evidence,\r\nseized property (as prescribed in Decree No. 70/2013/ND-CP dated July 2, 2013\r\non amendments to the Regulation on management of material evidence issued\r\ntogether with Decree No. 18/2002/ND-CP dated February 18, 2002).
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3. Supervising destruction of\r\nmaterial evidence and property (as prescribed in Article 125 of the Law on\r\nCivil Judgment Enforcement 2014; Article 33 of Decree No. 62/2015/ND-CP).
4. Supervising return of seized\r\nmoney and assets to involved parties (as prescribed in Article 126 of the\r\nLaw on Civil Judgment Enforcement 2014).
Article 17. Supervising consideration\r\nof remission of judgment execution obligation remission regarding state budget\r\nremittances
1. Supervise the compliance with rules and\r\nconditions for judgment execution obligation remission regarding state budget\r\nremittances (hereinafter referred to as judgment execution obligation) as\r\nprescribed in Article 61 of the Law on Civil Judgment Enforcement 2014, Joint\r\nCircular No. 12/2015/TTLT-BTP-BTC-TANDTC-VKSNDTC dated September 15, 2015 on\r\nguidelines for remission of judgment execution obligation regarding state\r\nbudget remittances (hereinafter referred to as Joint Circular No. 12/2015).
2. Supervise the compliance of civil enforcement\r\nagencies to verify and compile dossiers; power, procedures for considering\r\njudgment execution obligation remission as prescribed in Articles 61, 62\r\nand 63 of the Law on Civil Judgment Enforcement 2014; Article 488 of the Civil\r\nProcedure Code 2015.
If the civil enforcement agency fails to make a\r\ndossier although the judgment debtor meets all conditions for remission, the\r\nPeople’s Procuracy shall request the civil enforcement agency to make such a\r\ndossier. In case of remission of fines, a request must be sent to the civil\r\nenforcement agency as prescribed in Clause 1 Article 62 of the Law on Civil\r\nJudgment Enforcement 2014).
When supervising an application dossier for\r\njudgment execution obligation remission, the People’s Procuracy shall give\r\nopinions in writing. If a judgment is being enforced by a provincial civil\r\nenforcement agency, the provincial People’s Procuracy shall give opinions in\r\nwriting and send it to the People’s Procuracy of district where the provincial\r\ncivil enforcement agency is headquartered and then express verbal opinions in a\r\nmeeting to consider judgment execution obligation remission. The written\r\nopinion is signed by the head of the People’s Procuracy. If the written opinion\r\nis signed by an authorized person, it must be approved by the head of the\r\nPeople’s Procuracy.
In case of considering remission of a fine\r\nprescribed in Clause 4 Article 61 of the Law on Civil Judgment Enforcement\r\n2014, considering remission of remaining fine applicable to a minor as\r\nprescribed in the Criminal Code and the related judgment is being enforced by\r\nthe provincial civil enforcement agency, the provincial People’s Procuracy\r\nshall request the provincial civil enforcement agency in writing to include the\r\nremission in the dossier; send the chief procurator of the People’s Procuracy\r\nof district where the provincial civil enforcement agency is headquartered to\r\nparticipate in a meeting to consider judgment enforcement remission (Article\r\n488 of the Civil Procedure Code 2015, Article 63 of the Law on Civil Judgment\r\nEnforcement 2014).
3. Supervise the consideration of judgment\r\nexecution obligation remission as prescribed in Article 63 and Article 64 of\r\nthe Law on Civil Judgment Enforcement 2014; Article 9 and Article 10 of Joint\r\nCircular No. 12/2015.
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4. Supervise the implementation of the court’s\r\ndecision on judgment execution obligation remission as prescribed in Article 11\r\nof Joint Circular No. 12/2015.
Article 18. Supervising enforcement of civil\r\njudgment involved entities of which are prisoners
Supervise the compliance with law of civil\r\nenforcement agencies in cooperation with the prisons (criminal enforcement\r\nagencies), detention centers (agencies authorized to perform certain criminal\r\njudgment enforcement duties), the criminal enforcement agencies of police\r\ndepartment of the district in performing civil rights and obligations \r\nlitigants (judgment debtor, judgment creditor) who are serving an imprisonment\r\nsentence in the prisons, detention centers, at police department of the\r\ndistrict (hereinafter referred to as civil judgment enforcement relevant to\r\nprisoners) as prescribed in Article 128 and Article 129 of the Law on Civil\r\nJudgment Enforcement 2014; Article 16 and Article 17 of the Law on Criminal\r\nJudgment Enforcement.
Article 19. Supervising implementation of\r\ncourt’s cassation or re-opening judgment
1. Supervise the civil enforcement agency’s\r\nenforcement of the cassation or re-opening judgment in the following cases: (1)\r\nuphold legally effective judgment; uphold lawful judgment of the inferior court\r\nwhich is annulled or amended; (2) quash legally effective judgment and (3)\r\nmodify legally effective judgment as prescribed in Articles 134, 135 and 136 of\r\nthe Law on Civil Judgment Enforcement 2014; Article 343 and Article 347 of the\r\nCivil Procedure Code 2015; Article 36 of Decree No. 62/2015/ND-CP.
2. Supervise the civil enforcement agency’s\r\nimplementation of regulations on procedures, notices of complete judgment\r\nenforcement sent to the court which makes the cassation or re-opening judgment;\r\nagreement or coercive return of property to the owner; reimbursement of\r\nproperty and compensation claims.
Article 20. Supervising implementation of\r\nbankruptcy decision
When supervising the implementation of a bankruptcy\r\ndecision, the People’s Procuracy must supervise if the following regulations\r\nare complied with:
1. Security interests or enforcement actions taken\r\nby the civil enforcement agency to enforce the court's decision on adoption of\r\nprovisional urgent measures while settling the bankruptcy case as prescribed in\r\nArticle 17 and Article 70 of the Law on Bankruptcy 2014; Article 13 and Article\r\n14 of this Regulation;
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2. The civil enforcement agency’s making of\r\ndecision on temporary suspension of judgment enforcement (when the court\r\naccepts the bankruptcy case as prescribed in Article 137 of the Law on Civil\r\nJudgment Enforcement 2014, Article 41 of the Law on Bankruptcy 2014); making of\r\ndecision on suspension of judgment enforcement (after the court issues a\r\ndecision on initiation of bankruptcy process as prescribed in Article 137 of\r\nthe Law on Civil Judgment Enforcement 2014, Article 71 of the Law on Bankruptcy\r\n2014); decision on judgment enforcement, entrustment of judgment enforcement,\r\nnotice sent to the bankruptcy court of judgment enforcement result; supervise\r\nthe resumption of judgment enforcement in a case where the court issues a\r\ndecision on suspension of bankruptcy process or business resumption;
3. Assigned enforcers opening accounts to deposit\r\nconfiscated money of the insolvent entity; distributing the assets according to\r\nthe decision of declaration of bankruptcy; taking account of repayment on\r\nspecial loans and sequence of distribution of assets of\r\na bankrupt credit institution as prescribed in Articles 100 and 101 of the Law\r\non Bankruptcy 2014; return of assets when credit institutions are declared\r\nbankrupt and assets are liquidated as prescribed in Article 102 of the Law on\r\nBankruptcy 2014;
4. Enforcement of the asset confiscation and\r\ntransfer the assets to the buyers in bankruptcy cases as prescribed in Article\r\n120 of the Law on Bankruptcy 2014;
5. Civil enforcement agency’s liquidation of assets\r\nas prescribed in Clause 4 Article 121 of the Law on Bankruptcy 2014;
Civil enforcement agency’s implementation\r\nof the court’s decision on distribution of assets as prescribed in Article 127\r\nof the Law on Bankruptcy 2014; enforcer’s implementation of the court’s\r\ndecision on confiscation of assets in case of violation due to a civil\r\ntransaction declared null and void as prescribed in Article 125 of the Law on\r\nBankruptcy 2014.
Article 21. Supervising enforcement of\r\ncommercial arbitral awards, foreign civil judgments and foreign arbitral awards\r\nrecognized and permitted for enforcement in Vietnam by Vietnamese courts
1. Supervise enforcement of commercial arbitral\r\nawards as prescribed in the Law on Civil Judgment Enforcement 2014; Articles 8,\r\n48, 49, 50, 51, 53, 62, 66 and 67 of the Law on Commercial Arbitration 2010.
2. Supervise if enforcement of foreign civil\r\njudgments and foreign arbitral awards recognized and permitted for enforcement\r\nin Vietnam by Vietnamese courts complies with Articles 427, 428, 429 and 431 of\r\nthe Civil Procedure Code 2015 and the Law on Civil Judgment Enforcement 2014.
Article 22. Supervising financial\r\nassurance of judgment enforcement from the state budget
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2. When supervising the financial assurance of\r\njudgment enforcement from the state budget, the People’s Procuracy should\r\ncarefully supervise eligible entities, conditions, competence and procedures\r\nfor financial assurance of judgment enforcement.
Article 23. Supervising execution\r\nof court judgments in administrative cases
1. Supervise execution of court judgments in\r\nadministrative cases in terms of property in administrative cases.
Rulings on assets in the court judgment or ruling\r\nshall be executed in accordance with the law on enforcement of civil judgments\r\n(Point h Clause 1 Article 311 of the Law on Administrative Procedures 2015).
When supervising this matter, the People’s\r\nProcuracy has powers and duties as the same as civil judgment enforcement as\r\nprescribed in Article 28 of the Law on Organization of the People’s Procuracy\r\n2014.
2. Supervise adherence to the law of litigants,\r\nentities relevant to the administrative judgment enforcement as prescribed in\r\nArticle 311 of the Law on Administrative Procedures 2015.
3. Supervise the process that the court makes a\r\ndecision on compulsion of execution of administrative judgment; decision on\r\nexpedition of administrative judgment enforcement of the civil enforcement\r\nagency and responsibilities of the head of superior body of the judgment debtor\r\nto supervise and expedite the execution as prescribed in Article 312 of the Law\r\non Administrative Procedures 2015.
When supervising the execution\r\nof the court’s administrative judgments according to Clause 2 and Clause 3\r\nhereof, the People’s Procuracy shall have duties and entitlements prescribed in\r\nArticle 315 of the Law on Administrative Procedures 2015.
Article 24. Supervising conclusion\r\nof judgment enforcement
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In exceptional circumstances, the People’s\r\nProcuracy shall request the civil enforcement agencies to provide a proof that\r\nlitigants have completely performed their rights and obligations or a decision\r\non judgment enforcement termination for supervision; and perform other\r\nentitlements as per the law.
Article 25. Supervising observance of the law of\r\nentities relevant to civil judgment enforcement
1. The People’s Procuracy shall supervise the\r\nobservance of the law of entities relevant to civil judgment enforcement below:
- Valuation organizations, auction organizations\r\nprescribed in Clause 2 Article 14 of this Regulation;
- Authorities in charge of registration of\r\ntransactions, right to ownership, right to use when performing tasks in\r\nconjunction with civil judgment enforcement;
- Other agencies relating to civil judgment\r\nenforcement.
2. When supervising observance of the law of\r\nentities related to civil judgment enforcement, the People’s Procuracy shall\r\nhave duties and powers as prescribed in Clauses 2, 5, 6 and 7 Article 28 of the\r\nLaw on Organization of the People’s Procuracy 2014.
A supervision visit to the premises of an entity\r\nrelevant to civil judgment enforcement only is undertaken when there are grounds\r\nfor presuming that such entity commits a serious violation pertaining to their\r\noperation.
Article 26. Supervising handling of complaints\r\nabout judgment enforcement
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2. A civil judgment enforcement supervising unit\r\nmay receive a claim or denunciation (hereinafter referred to as Claim) only\r\nwhen the Claim bears the acceptance stamp of the unit in charge of supervision\r\nand handling of claims in judicial activities (herein Unit 12) or the seal of\r\nthe People’s Procuracy of district.
3. On receiving a Claim, the People’s Procuracy\r\nshall record it in the logbook and assign certain persons for examining.
Within 10 working days from receipt of the Claim,\r\nthe assigned persons shall send a report on examining result to the superior\r\nperson or the head of the People’s Procuracy (the head of Department). The\r\nreport must specify: date of receipt; full name and address of claimant; claim\r\ncontents; options for settling the Claim:
- Returning the Claim to the Unit 12 because it is\r\nbeyond the acceptance authority of the People’s Procuracy;
- Refer the Claim to an authority competent to\r\nhandle claims and request this authority to notify the claimant and the\r\nPeople’s Procuracy of the processing result as per the law;
- Refer the Claim to the inferior People's\r\nProcuracy and request this Procuracy to supervise the civil or administrative\r\njudgment enforcement against which the Claim is made and the handling of the\r\nClaim, and then send a report on supervising result to the People's Procuracy.\r\nAfter receiving the report from the inferior People’s Procuracy, the People’s\r\nProcuracy from which the Claim is referred shall consider taking further\r\nactions.
- Request the civil enforcement agency against\r\nwhich the Claim is made to self-review their judgment enforcement, the handling\r\nof the Claim and notify the People's Procuracy of the result.
- Verify facts and documentation to clarify the\r\njudgment enforcement against which the Claim is made and the handling of the\r\nClaim.
- Request the claimant to provide additional\r\ndocuments deemed necessary; request the civil enforcement agency against which\r\nthe Claim is made to provide the dossier of handling of the Complaint and the\r\ndossier of judgment enforcement for the People’s Procuracy for supervision in\r\nthe following cases:
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+ When it deems necessary to supervise the dossier\r\nof civil or administrative judgment enforcement against which the Claim is\r\nmade.
The skills to examine and supervise the dossier and\r\nmake a conclusion of supervision shall comply with Article 31 of this\r\nRegulation.
3. Within 1 month after receiving the dossier of\r\njudgment enforcement and the dossier of handling of the Claim; the People's\r\nProcuracy shall assign certain persons to examine and then send a conclusion of\r\nsupervision to the civil enforcement agency. The conclusion must specify that\r\nif the judgment enforcement in question violates the law; if the handling of\r\nthe Claim complies with law; if the Claim is made in accordance with the law\r\nand has legitimate basis; request the defendant to withdraw lessons as to their\r\nviolations or impose a discipline action against the defendant; refer the\r\ndossier to the Investigation Body of the Supreme People’s Procuracy for\r\nconsidering criminal liability (if any).
After making a conclusion, the People’s Procuracy\r\nshall send a notice of result to the claimant.
4. The head of the unit in charge of supervising\r\ncivil or administrative judgment enforcement shall sign documents to return the\r\nClaim or refer Claim to other units because it is beyond authority of that\r\nunit; refer the Claim and request the authority in charge of handling of the\r\nClaim; refer the Claim and request the inferior People’s Procuracy to supervise\r\nthe handling of the Claim and the People’s Procuracy of district.
With regard to the People’s Procuracies of district\r\nand provinces, the head of the People’s Procuracy has authority to sign a\r\ndocument to request dossier of judgment enforcement related to the Claim; a\r\nconclusion after examining the dossier; a document to request the civil\r\nenforcement agency to self-review and report the judgment enforcement result\r\nand the handling of the Claim; a document to refer dossier to the Investigation\r\nBody of the Supreme People’s Procuracy to consider criminal liability; and a\r\ndocument to take actions against enforcers who commit violations.
With regard to the Supreme People’s Procuracy, the\r\nabove documents shall be signed according to the designation of the Director of\r\nDepartment according to the Regulation on organization and operation of\r\nDepartment of Civil Judgment Enforcement Supervision. Particularly for a\r\nrequest for disciplinary actions against the enforcer, referral of Claim and\r\nsupervision dossier to the Investigation Body of the Supreme People’s Procuracy\r\nfor considering criminal liability, the Director shall report it to the head of\r\nthe People's Procuracy before signing.
5. The supervision of the civil judgment\r\nenforcement dossier against which the Claim is made and the process of handling\r\nof the Claim by the civil enforcement agency at the premises of the civil\r\nenforcement agency shall comply with Article 32 of this Regulation.
Article 27. Supervising penalties for\r\nadministrative violations in civil and administrative judgment enforcement
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2. When supervising the penalties for\r\nadministrative violations in civil and administrative judgment enforcement, taking\r\naccount of basis for determination of violations, powers and penalty levels;\r\nhandling of complaints about penalties for administrative violations in civil\r\nand administrative judgment enforcement.
Article 28. Supervising activities of bailiffs\r\nand bailiff offices
When supervising activities of bailiffs and bailiff\r\noffices, the People’s Procuracy have duties and powers to supervise the\r\nobservance of the law of bailiffs in performing tasks prescribed in Decree No.\r\n61/2009/ND-CP dated July 24, 2009 and Decree No. 135/2013/ND-CP dated October\r\n18, 2013 on amendments to Decree No. 61/2009/ND-CP; Joint Circular No. 03/2014\r\ndated January 17, 2014 between the Ministry of Justice and the State Bank of\r\nVietnam on “Guidelines for verification of enforcement conditions of bailiffs\r\nat credit institutions”; Joint Circular No. 09/2014 dated February 28, 2014 of\r\nthe Ministry of Justice, the Supreme People’s Court, the Supreme People’s\r\nProcuracy and the Ministry of Finance on “Guidelines for pilot implementation\r\nof bailiff institution as prescribed in Resolution No. 36/2012 dated November\r\n23, 2012 of the National Assembly”; Guidance No. 03/HD-VKSNDTC-V10 dated\r\nJanuary 7, 2014 of the Supreme People’s Procuracy on “Guidelines for\r\nsupervision of activities of bailiff offices".
Chapter III
Article 29. Preparing records, dossiers and\r\nusing forms for enforcement supervision
1. When supervising civil and administrative\r\njudgment enforcement, the People’s Procuracy must prepare a system of records\r\nand prepare dossiers of enforcement supervision.
2. The system of records includes: a logbook to\r\nsupervise the receipt and processing of decisions on judgment enforcement; a\r\nlogbook to supervise the handling of claims about judgment enforcement; a\r\njournal of procuracy inspectorate etc. The People’s Procuracy may open other\r\nintensive logbooks as follows: a logbook to supervise the application of\r\nmeasures to ensure execution of judgments; a logbook to supervise the\r\napplication of enforcement actions; a logbook to supervise cases eligible for\r\njudgment execution obligation remission; a logbook to supervise cases in which\r\njudgment debtor's financial capacity is not satisfied; a logbook to supervise\r\ndelay and suspension of judgment enforcement etc.
All received and sent documents must be registered\r\nin the record books as prescribed.
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In a supervision dossier, the following documents\r\nmust be kept: The court’s judgment to be executed; decisions on judgment\r\nenforcement sent by civil enforcement agencies or collected by the People’s\r\nProcuracy; records of operation of procurators; written direction of the head\r\nof the People’s Procuracy at the same level or superior level and relevant\r\ndocuments.
Each document in the supervision dossier is\r\nassigned a file number; and kept as prescribed by the People's Procuracy. The\r\nsupervision dossier shall be handed over as prescribed. If a procurator in\r\ncharge of the case is transferred to another workplace, takes statutory leave\r\nor is replaced with another procurator, the transfer procedures must be\r\nconformable with the law and the People’s Procuracy’s regulations.
4. When supervising civil judgment enforcement, the\r\nPeople’s Procuracy must use the forms for enforcement supervision promulgated\r\nby the Chief Procurator of the People’s Supreme Procuracy.
Article 30. Supervision of decisions on civil\r\nand administrative judgment enforcement
1. Decisions on civil and administrative judgment\r\nenforcement shall be sent to the People's Procuracy at the same level as\r\nprescribed in Article 38 of the Law on Civil Judgment Enforcement 2014. The\r\nPeople’s Procuracy has authority to request the enforcers, the same-level and\r\ninferior civil enforcement agencies to send decisions on judgment enforcement\r\nand relevant documents for supervision purpose (Article 28 of the Law on\r\nOrganization of the People’s Procuracy 2014, Article 12 of the Law on Civil\r\nJudgment Enforcement 2014).
2. On receiving decisions on judgment enforcement,\r\nthe People’s Procuracy shall record it in the logbook and assign certain\r\nprocurators for examining. The assigned person shall examine if decisions\r\ncomply with laws and regulations, study contents such as power, time limit,\r\nprocedures for issuance of decisions, time limit for sending decisions to the\r\nPeople’s Procuracy; examine if the content of decisions are conformable with\r\nthe court’s judgment and in accordance with laws and regulations on civil\r\njudgment enforcement.
If the People’s Procuracy considers that a decision\r\non judgment enforcement violates the law, the assigned person shall specify the\r\nviolation in the supervision note and suggest actions against violation.
Actions against decisions on judgment enforcement\r\nthat violate the law shall be taken in accordance with Article 8 of this\r\nRegulation.
Article 31. Supervision of dossiers of civil and\r\nadministrative judgment enforcement
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The handover and receipt of the dossier of civil\r\nand administrative judgment enforcement must be recorded; quantity, order of\r\nfile number and appropriateness of documents in the dossier must be checked\r\ncarefully and the record must bear signatures of the both parties. If the\r\ndossier is sent to the People’s Procuracy by post, upon receiving, the People’s\r\nProcuracy must make a record to have documents in the dossier numbered; the\r\nrecord must bear signatures of the recipient and the assigned person.
2. When examining the dossier, the assigned person\r\nmust clarify the following:
- Content of the judgment to be executed;
- Examine if the decision on judgment enforcement\r\ntherein conforms to the judgment to be executed and in accordance with laws and\r\nregulations on civil judgment enforcement;
- Examine if procedures for judgment enforcement\r\ncomply with laws and regulations;
- If grounds for making the decision on judgment\r\nenforcement and performing judgment enforcement activities are\r\njustifiable;
- Examine if there is any violation of law during\r\nthe judgment enforcement process. Content and extent of violation; remedial\r\nmeasures, actions against violation and violating entities.
3. When supervising the dossier of judgment\r\nenforcement, if detecting any violation of law, the procurator shall make a\r\nsupervision note using the given form; clarify all violations and viewpoint of\r\nthe procurator on the remedial measures, then notify the enforcer in charge (or\r\nanother official in charge) of the content of the supervision note; state\r\nopinions of the enforcer or official in charge; report the supervision result\r\nand suggestion of actions against violation to the inspectorate head; send the\r\nreport to the official who deal with paperwork of the inspectorate so as to prepare\r\nthe conclusion.
When supervising a dossier of judgment enforcement\r\nor handling of complaints required by the People’s Procuracy, Clause 3 Article\r\n26 of this Regulation shall apply.
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Article 32. Supervision visit to premises of\r\ncivil enforcement agencies, relevant entities
1. The People’s Procuracy shall undertake a\r\nsupervision visit to the premises of same-level and inferior civil enforcement\r\nagencies, enforcers, and entities relevant to civil judgment enforcement as\r\nprescribed in Article 28 and Article 30 of the Law on Organization of the\r\nPeople’s Procuracy 2014; Article 12 and Article 159 of the Law on Civil\r\nJudgment Enforcement 2014.
2. The People’s Procuracy shall, based on\r\nDirectives of Chief Procurator of the People’s Supreme Procuracy; operation\r\nplans and programs of superior People's Procuracy and theirs, undertake regular\r\nsupervision visits to the premises of civil enforcement agencies and relevant\r\nentities. The content scope of regular supervision visit may be comprehensive\r\nsupervision of civil judgment enforcement or key matters in civil judgment\r\nenforcement.
The People’s Procuracy shall undertake a surprise\r\nsupervision visit at the request of Party executive committee or People’s\r\nCouncil, or there are justifiable grounds for determining serious violations of\r\nlaw in civil judgment enforcement.
3. Before undertaking a supervision visit, the head\r\nof the People’s Procuracy shall promulgate a decision, stating whether it is a\r\nregular or surprise supervision visit; name of the supervised entity; point of\r\ntime and period of time for supervision; key matters to be supervised;\r\ncomposition of the inspectorate, specifying the head, deputy head and members.\r\nWhen undertaking a supervision visit to the inferior civil enforcement agency,\r\nprocurators of the inferior civil enforcement agency may be mobilized when\r\nnecessary. The decision shall be made using the form as prescribed.
The head of inspectorate must make a plan, at least\r\ncontaining: Purposes and requirements; matters to be supervised; methods;\r\nresponsibilities of supervised entity. The plan must be submitted together with\r\nthe decision to the head of People’s Procuracy for signing, the head of\r\ninspectorate shall sign the decision after the head of the People’s Procuracy\r\nsigns it. At the Supreme People’s Procuracy, the plan shall be reported to the\r\nDirector of Department for the head of the People’s Procuracy to approve it;\r\nthe head of inspectorate shall sign the decision after the head of the People’s\r\nProcuracy signs it.
The decision and plan must be sent to the\r\nsupervised entity at least 15 days before the supervision date (except for\r\nsurprise supervision) and sent to the superior People's Procuracy, governing\r\nbody of the supervised entity for cooperation.
During the supervision, the People’s Procuracy may\r\nrequest the supervised entity to provide dossier of handling of complaints\r\nabout civil judgment enforcement.
4. Procedures to supervise at the premises of civil\r\nenforcement agencies and relevant entities:
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b) Supervise the following matters in the plan.\r\nDuring the supervision, members of inspectorate shall, through the head of\r\ninspectorate, require dossier of judgment enforcement; reports and documents on\r\njudgment enforcement; question related entities, request related entities to\r\ngive explanation; conduct verification at relevant entities such as State\r\nTreasury, banks, storage of material evidence and property associated with\r\njudgment enforcement; other entities. When all matters are completely\r\nsupervised, a supervision note or record shall be made, indicating opinions of\r\nthe inspectorate members, enforcers and officials in charge of judgment\r\nenforcement, bearing signatures of representatives of the supervised and\r\nsupervising entities. After completion, inspectorate members shall report the\r\nresult to the head for preparing a draft conclusion. The handover or receipt of\r\nthe dossier of judgment enforcement and documents on judgment enforcement shall\r\nbe conformable with law and Clause 1 Article 31 of this Regulation;
c) Whenever necessary to expand the content scope\r\nor extend the supervision time limit as compared with the approved plan, the head\r\nof inspectorate shall report the head of the People’s Procuracy for approval\r\nand issue a decision on extension of time limit or expansion of scope;
d) The assigned person shall consolidate\r\nsupervision results from members to prepare and send a draft conclusion to the\r\nhead of inspectorate for consideration. The conclusion shall be made according\r\nto the given form; indicating the supervision process, completed tasks;\r\nachievements and limitations, violations in civil judgment enforcement or\r\nhandling of complaints about civil judgment enforcement; requests made to\r\neliminate limitations and correct violations; actions against liability of\r\nindividuals. Any violation must accompany with sufficient items of evidence,\r\nlegal grounds for the conclusion;
dd) Announcing the draft conclusion. The\r\nannouncement meeting shall be attended by leaders of the People’s Procuracies\r\nand/or governing body of the supervised entity depending on the supervision\r\nscope and result, the nature and extent of violation. The head of inspectorate\r\nshall receive opinions at the announcement meeting; sign and take\r\nresponsibility for the conclusion.
e) If any serious violation is found during the\r\nsupervision that needs a discipline action or prosecution of criminal\r\nliability, the head of inspectorate shall report the head of the People’s\r\nProcuracy (or the Director of Department at the Supreme People’s Procuracy)\r\nbefore sign the conclusion.
g) If any violation in judgment enforcement or\r\nhandling of complaints is found during the supervision, the People’s Procuracy\r\nshall, depending on nature and severity of the violation, file a petition or\r\nappeal to correct the violation or adopt preventive measure as prescribed. The\r\nappeal or petition shall be signed as prescribed in Article 34 and Article 35\r\nof this Regulation.
5. After supervision, when necessary, the People’s\r\nProcuracy shall issue a notice of lessons learned in terms of types of\r\nviolations in civil judgment enforcement, awareness and application of laws and\r\nregulations, and supervision skills to inferior People’s Procuracies and\r\nsuperior People's Procuracies.
If the People’s Procuracy deems it is necessary to\r\nprevent types of violations found during supervision, the People’s Procuracy\r\nshall request inferior civil enforcement agencies to self-review their judgment\r\nenforcement and report it. Such a request shall be made as prescribed in Clause\r\n2 Article 33 of this Regulation.
6. Conduct secondary check of execution of any\r\nrequest in the conclusion. At the Supreme People’s Procuracy, 1 year after completion\r\nof the supervision, the Department of Civil Judgment Enforcement Supervision\r\nshall conduct secondary check of execution of the conclusion.
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7. All documents related to the supervision process\r\nand supervision of execution of the conclusion in the supervision dossier must\r\nbe kept adequately. The supervision dossier shall be maintained and processed\r\nas prescribed in laws and regulations and the People’s Procuracy’s regulations.
8. The supervision visit to civil enforcement\r\nagencies shall be recorded in the journal of the inspectorate. The journal of\r\nthe inspectorate shall be made according to the form promulgated by the Supreme\r\nPeople’s Procuracy. The head of inspectorate shall manage the journal and\r\nupdate daily records of tasks performed by the inspectorate, requests of the\r\nsupervised entity; difficulties arising during the supervision, and then bear\r\nhis/her signature herein. The journal of inspectorate shall be kept in the\r\nsupervision dossier.
Article 33. Performing the right to request
1. The People’s Procuracy has the right to request\r\ncourts, same-level or inferior civil enforcement agencies, enforcers, entities\r\nrelevant to civil judgment enforcement and handling of complaints about civil\r\njudgment enforcement, bailiffs to perform tasks prescribed in Clause 6 Article\r\n28 and Clause 2 Article 30 of the Law on Organization of the People’s Procuracy\r\n2014; Point b Clause 2 Article 12 of the Law on Civil Judgment Enforcement\r\n2014.
When performing the right to “request judgment\r\nenforcement as per the law” (Point 6.1 Article 28 of the Law on Organization of\r\nthe People’s Procuracy 2014), subject to regulations on tasks that the\r\nrecipient of the request must perform, the People’s Procuracy shall make such a\r\nrequest, such requesting civil enforcement agencies to consider delay or suspension\r\nof judgment enforcement etc.
2. The request shall be made according to the given\r\nform, signed by the head of the People’s Procuracy or Department. The request\r\nmust specify the reason for request; name of the request recipient; content of\r\nrequest, performance period and deadline for reply.
3. The request for dossiers of handling of\r\ncomplaints or material evidence related to judgment enforcement shall be made\r\nas prescribed in Article 26 and Article 32 of this Regulation.
Article 34. Performing the right to appeal
1. The People’s Procuracy shall perform the right\r\nto appeal a decision or an act of the head, enforcer of same-level or inferior\r\ncivil enforcement agency, bailiff when there is any serious violation\r\nprejudicing the rights and legitimate interests of litigants, person with\r\nrelevant rights and obligations in civil judgment enforcement and handling of\r\ncomplaints, requesting termination of judgment enforcement, revocation,\r\namendment or annulment of violating decisions and termination of violating acts\r\nas prescribed in Article 28 and Article 30 of the Law on Organization of the\r\nPeople’s Procuracy 2014, Article 12 and Article 160 of the Law on Civil\r\nJudgment Enforcement 2014;
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The appeal shall be sent the appealed entities,\r\ntheir governing bodies and the superior People's Procuracy.
3. The appealing People’s Procuracy shall monitor\r\nthe reply and implementation of appeal as prescribed in Article 161 of the Law\r\non Civil Judgment Enforcement 2014. The secondary check of implementation of\r\nrequests in the appeal, when necessary, may be secondarily checked or via\r\nregular supervision visit to the premises.
4. If the appealed entity disagrees with the\r\nappeal, the appealing People’s Procuracy must report the superior People's\r\nProcuracy (including the case that the superior People's Procuracy appeals the\r\nact or decision of inferior civil enforcement agency), with enclosed documents.\r\nThe report must clarify the case, opinions of the People’s Procuracy in terms\r\nof appeal and disagreement of the appealed entity.
After receiving the report and enclosed documents\r\nfrom the inferior People’s Procuracy and the report of appealed inferior civil\r\nenforcement agency, the superior People's Procuracy shall verify it and give a\r\nreply within 15 working days. If agreeing with the appeal of the inferior\r\nPeople’s Procuracy, the People’s Procuracy shall clearly give their opinions.\r\nIf disagree partly or wholly with the appeal of inferior People’s Procuracy,\r\nthe People’s Procuracy shall clearly give their opinions, and request the\r\ninferior People’s Procuracy to withdraw or amend the appeal or issue a decision\r\nto withdraw a part or the whole of the appeal.
If considering that the reply of the head of\r\nprovincial civil enforcement agency or the head of civil judgment enforcement\r\nauthority affiliated to the Ministry of Justice is ungrounded, in contravention\r\nof the opinions, the provincial People’s Procuracy shall report it to the\r\nDepartment of Civil Judgment Enforcement Supervision for forwarding it to the\r\nSupreme People’s Procuracy. If considering that the appeal is well-grounded and\r\nlegitimate, the head of the Supreme People’s Procuracy shall request the head\r\nof the Ministry of Justice to re-consider the reply of the head of civil\r\njudgment enforcement authority affiliated to the Ministry of Justice.
5. An appeal against the court’s decision on\r\njudgment execution obligation remission shall be made as prescribed in Article\r\n64 of the Law on Civil Judgment Enforcement 2014, Article 36 of this Regulation\r\naccording to the form promulgated by the Chief Procurator of the Supreme\r\nPeople’s Procuracy.
Article 35. Performing the right to petition
1. The People’s Procuracy shall petition the court,\r\nsame-level or inferior civil enforcement agency, enforcer, bailiff or relevant\r\nentity to fulfill responsibilities in civil and administrative judgment\r\nenforcement and handling of complaints as prescribed in Article 28 and Article\r\n30 of the Law on Organization of the People’s Procuracy 2014; Article 12 and\r\nArticle 159 of the Law on Civil Judgment Enforcement 2014; Article 315 of the\r\nLaw on Administrative Procedures 2015.
2. The People’s Procuracy shall make a petition\r\nupon identifying a misdemeanor, repeated violation or serious violation but\r\nexpiry of appeal time limit. The petition shall be made according to the form\r\nas prescribed, signed by head of the People’s Procuracy. The petition shall\r\nspecify the name of workplace, position and title of respondent of petition;\r\nclaimed violation; reasons and conditions for arising violation; request for\r\nremedial measures and prevention. Any violation must accompany with sufficient\r\nitems of evidence and legal bases.
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If the respondent of petition disagrees with the\r\npetition, Clause 4 Article 34 of this Regulation shall apply.
3. The People’s Procuracy which file the petition\r\nshall monitor and conduct secondary check of the implementation of the petition\r\nas prescribed in Clause 3 Article 34 of this Regulation.
Article 36. Performing the right to join and\r\nexpress opinions at the meeting to consider judgment execution obligation\r\nremission
1. The People’s Procuracy shall perform the right\r\nto join and express opinions in a meeting to consider judgment execution\r\nobligation remission as prescribed in Articles 61, 62, 63 and 64 of the Law on\r\nCivil Judgment Enforcement 2014; Article 9 and Article 10 of Joint Circular No.\r\n12/2015/TTLT-BTP-TANDTC-VKSNDTC dated September 15, 2015;
2. If considering that the judgment debtor is\r\neligible for judgment execution obligation remission (including remission of\r\nthe fine), the People’s Procuracy shall make and send a request to the\r\ncompetent civil enforcement agency for preparing an application. An application\r\nfor remission shall be made according to the prescribed form, specifying the beneficiary,\r\nconditions and remission level.
3. The assigned procurator shall prepare a document\r\non opinions of the People’s Procuracy about the application and then submit it\r\nto head of the People’s Procuracy for approval. The document shall clearly\r\nexpress the consent or dissent and indicating legal basis for these opinions.\r\nThe procurator shall join the meeting and express opinions of the People's\r\nProcuracy verbally about the application.
4. After the meeting, the procurator shall report\r\nthe head of the People’s Procuracy the result, request appeal under appellate\r\ntrial against the court’s decision which is ungrounded and against the law as\r\nprescribed in Article 64 of the Law on Civil Judgment Enforcement 2014; the\r\nsuperior People's Procuracy has authority to appeal under appellate trial\r\nagainst the decision on consideration of judgment execution obligation\r\nremission made by the inferior court. The appeal under appellate trial must be\r\nmade within the time limit as prescribed in Article 64 of the Law on Civil\r\nJudgment Enforcement 2014.
The decision on appeal shall be made according to\r\nthe prescribed form; stating date of appeal; number, date and name of the court\r\nwhich issued the decision against which the appeal is made; the court’s\r\nviolation in considering remission; the People's Procuracy opinions referred to\r\nthe appellate trial court. The decision on appeal shall be signed by head of\r\nthe People’s Procuracy, sent to the court which issued the decision against\r\nwhich the appeal is made and sent to the superior People's Procuracy.
Before or at the meeting, the People’s Procuracy\r\nwhich makes the appeal and any procurator participating in the meeting has the\r\nright to withdraw a part or the whole of appeal; the procurator shall take\r\nresponsibility for their appeal. After the meeting, the procurator shall report\r\nthe meeting result to the head of the People’s Procuracy.
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1. If the supervising unit detects any sign of\r\noffence during enforcement supervision and handling of complaints, it shall\r\nreport it to the Investigation Body of the Supreme People’s Procuracy for\r\nconsideration in accordance with regulations of the People’s Procuracy’s on\r\nreceipt and handling of denunciation of offence and request prosecution within\r\ncompetence of the Investigation Body of the Supreme People’s Procuracy.
2. The request sent to the Investigation Body of\r\nthe Supreme People’s Procuracy must state the judgment under ongoing\r\nenforcement showing sign of offence, suspicious offender, opinions. The request\r\nis signed by the head of the People’s Procuracy. At the Supreme People’s\r\nProcuracy, such a request shall be signed by Director of Department of Civil\r\nJudgment Enforcement Supervision after reporting it to the head of the Supreme\r\nPeople’s Procuracy. Documentation related to judgment enforcement showing sign\r\nof offence shall be sent together with the request.
3. The People's Procuracy (or entity) making the\r\nrequest shall monitor the processing result given by the Investigation Body for\r\nfurther supervision as per the law.
Chapter IV
Article 38. Leader relationship and management\r\nof enforcement supervision
1. The Chief Procurator of the Supreme People’s\r\nProcuracy shall assign a Deputy Chief Procurator to direct enforcement\r\nsupervision. The Chief Procurator of the People’s Procuracy of province and\r\ndistrict shall take charge or assign a Deputy Chief Procurator to take charge\r\nof enforcement supervision. The People’s Procuracy of district shall assign\r\nprocurators to take charge of enforcement supervision.
2. The Director of Department of Civil Judgment\r\nEnforcement Supervision, the Chief of Office of Civil Judgment Enforcement\r\nSupervision of the People’s Procuracy of province (hereinafter referred to as\r\nhead of supervising unit) shall manage and take charge of enforcement\r\nsupervision as per the law, this Regulation, regulations on organization and\r\noperation of the unit and regulations of the People’s Procuracy.
3. Procurators of the Supreme People’s Procuracy,\r\nhigh-ranking, middle-ranking and low-ranking procurators and other public\r\nemployees who take charge of enforcement supervision as per the law and under\r\nassignment of the heads of supervising units and the head of the People’s\r\nProcuracy based on regulations of the People’s Procuracy and regulations on\r\norganization and operation of the unit.
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4. If the public employee and the manager have a\r\ndivergence of opinion, they shall report it to leader for consideration.
The report must be made in writing. The report sent\r\nto the superior People's Procuracy must be signed by head of the People’s\r\nProcuracy. A request for instructions or reply thereto must be kept adequately.
Article 39. Relations between supervising units\r\nand other units in the People’s Procuracy
When carrying out the enforcement supervision,\r\nprocurators, public employees shall regularly cooperate with units in the\r\nPeople’s Procuracy, with procurators in performing other tasks to ensure\r\neffectiveness of enforcement supervision.
2. The People’s Procuracy of districts, offices and\r\nspecialized units of the People’s Procuracy of province, on receiving legally\r\neffective court’s judgments; decisions on judgment enforcement of civil\r\nenforcement agencies shall forward (or copy and forward) them to units or\r\nprocurators taking charge of enforcement supervision.
3. If the supervising unit detects serious\r\nviolation in a court's judgment that is effective, it shall report it to the\r\ncompetent People’s Procuracy (the Superior People’s Procuracy, Department 7, 9,\r\n10 of the Supreme People’s Procuracy) in order to request the appeal under\r\ncassation procedure or reopening procedure.
Upon a request for delay of judgment enforcement,\r\nan appeal under cassation procedure or reopening procedure or a decision on\r\nsuspension of judgment enforcement (including the case not requested by the\r\nsupervising unit), the entity making such decision shall send it to the\r\nsupervising unit.
4. Procurators in charge of supervision of civil\r\nand administrative judgment enforcement shall cooperate with supervising units\r\nof criminal judgment enforcement shall, under designation of head of the\r\nPeople’s Procuracy, supervise the civil judgment enforcement against the\r\njudgment debtors and judgment creditors who are prisoners carried out by the\r\nprison, detention center, criminal enforcement agency of police department of\r\nthe district.
5. The supervising unit shall cooperate with the\r\nInvestigation Body of the Supreme People’s Procuracy in detecting and provide\r\ninformation about offence in civil or administrative judgment enforcement; in\r\nhandling of complaints; request the Investigation Body to impose criminal\r\nprosecution against offenders.
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Article 40. Reporting, request for instructions\r\nand reply to the request
1. Supervising units and officials shall comply\r\nwith reporting and statistical regulations as prescribed in regulations of the\r\nPeople’s Procuracy; statistical reports of interdisciplinary.
2. Difficulties arising during enforcement\r\nsupervision shall be requested for instructions to superior People’s Procuracy.\r\nA request for instructions must be enclosed with related documentation. A\r\nrequest for instructions shall be signed by the head of the People’s Procuracy,\r\nspecifying the case, difficulties and opinions of the People's Procuracy making\r\nthe request.
3. The superior supervising unit shall carefully\r\nexamine the request and enclosed documentation. Within the time limit\r\nprescribed in the regulation on reporting and management in the People's\r\nProcuracy, the superior People's Procuracy shall make a reply to the request.\r\nThe reply must clearly state opinions, grounds and legal basis for these\r\nopinions. If the reply cannot be made within the time limit, the recipient of\r\nthe request shall be informed.
The reply to the request associated with practices\r\nshall be signed by the head of the supervising unit; the reply to the request\r\nassociated with guidelines for judgment enforcement shall be signed by the head\r\nof the People’s Procuracy. The inferior People’s Procuracy shall strictly\r\nfollow the reply of the superior People's Procuracy. If disagreeing partly or\r\nwholly with the reply, it shall express opinions and reasons for disagreement\r\nto the superior People's Procuracy for consideration.
Article 41. Inspection regime
1. Monthly, the supervising unit shall self-inspect\r\ntheir progress to perform tasks set in the working plan or program; compare\r\nthem with targets, find limitations and reasons thereof; propose measures for\r\ncompleting the relevant duties.
2. Annually, the superior People's Procuracy shall\r\ninitiate regular plans to supervise enforcement conducted by the inferior\r\nPeople’s Procuracy. After inspection, the People’s Procuracy shall evaluate\r\nachievements and limitations of enforcement supervision; reasons for these\r\nachievements and limitations to give directions to inspected entities and the\r\nentire People’s Procuracy. Surprise inspection may be undertaken when\r\nnecessary.
3. The inspection process shall be carried out in\r\naccordance with regulations of the People’s Procuracy in terms of inspection;\r\npromulgate decisions on inspection and establishment of inspectorates,\r\npreparation of inspection plans, specifying matters to be inspected and time.\r\n During the inspection, the inspectorate must work with relevant entities\r\nto evaluate the enforcement supervision of the inspected entity. Upon\r\ncompletion of inspection, a conclusion of inspection shall be issued and announced.\r\nAfter inspecting every unit and after the inspection and as deemed necessary,\r\nthe superior People's Procuracy shall issue a notice of lessons learned for the\r\nentire People’s Procuracy.
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1. Procurators and officials who take charge of\r\nenforcement supervision shall keep the relevant cases confidential. Any\r\ninformation about the enforcement supervision shall obtain the consent of the\r\nhead of the People’s Procuracy or unit head before being provided. The\r\ndirections of the head of the People’s Procuracy or unit head must be kept\r\nconfidential, not being provided for non-authorized persons. Directions in\r\nterms of guidelines and practices of the superior People's Procuracy shall be\r\nkept in the supervision dossier, not the dossier of judgment enforcement. The\r\nprovision of documents and reporting to Party executive committees and People’s\r\nCouncils shall be decided by the Chief Procurator.
2. Officials assigned to handle a civil or\r\nadministrative case may not receive litigants outside the head office.
3. Documentation of enforcement supervision must be\r\nclosely kept; prevented from being stolen or lost. Any documentation brought\r\nout of the head office must obtain the consent of the head of the supervising\r\nunit or the head of the People’s Procuracy. Any official working overtime out\r\nof the head office must comply with regulations of the head of the People’s\r\nProcuracy.
Article 43. Interdisciplinary cooperation
1. The method of interdisciplinary cooperation\r\nshall be conformable with Regulation No. 14/2013/QCLN/BTP-BCA-TANDTC-VKSNDTC\r\ndated October 9, 2013 on interdisciplinary cooperation in civil judgment\r\nenforcement; interdisciplinary regulations that the People’s Procuracy (or\r\nsupervising unit) signs with other authorities.
2. Through annual meetings between the heads of the\r\nMinistry of Justice, the Supreme People’s Procuracy, the Supreme People’s Court\r\nto withdraw lessons, discuss remedial measures, reach a consensus on judgment\r\nenforcement directions; meetings between General Department of Civil Judgment\r\nEnforcement affiliated to the Ministry of Justice, Department of Civil Judgment\r\nEnforcement Supervision, the Supreme People’s Court; between local People’s\r\nProcuracies, People’s Courts and civil enforcement agencies in order to reach\r\nmutual consent of difficulties in awareness and application of law and handling\r\nof civil judgment enforcement in difficulties;
Hold irregular meetings to reach mutual consent of\r\nhandling of civil judgment enforcement posing different opinions; or\r\ncomplicated and prolonged cases, triggering public concerns or other necessary\r\nwork.
3. Decisions on enforcement supervision shall be\r\nsent to governing bodies for direction to inferiors; when necessary,\r\ninterdisciplinary inspectorates shall be established to inspect enforcement\r\nsupervision and judgment enforcement.
Chapter V
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Article 44. Implementation
1. The heads of units affiliated to the Supreme\r\nPeople’s Procuracy, Chief Procurator of Superior People’s Procuracy, Chief\r\nProcurators of People's Procuracy of central-affiliated cities and provinces\r\nshall have procurators and officials in the unit and inferior unit heighten\r\ntheir awareness of this Regulation. According to this Regulation, the People’s\r\nProcuracies shall focus on formulation of their regulations on organization and\r\noperation or those of supervising units; focus on formulation of\r\ninterdisciplinary regulations between the People’s Procuracies or supervising\r\nunits.
2. The difficulties that arise during the\r\nimplementation of this Regulation must be reported to the head of the Supreme\r\nPeople’s Procuracy via Department of Civil Judgment Enforcement Supervision for\r\nconsolidation or amendments.
3. In consideration of organizational structure and\r\noperation of Military Procuracies and implementation of enforcement supervision\r\nin the system of military procuracies, the Central Military Procuracy shall\r\nprovide guidelines for this Regulation.
Article 45. Entry in force
This Regulation comes into force from the date on\r\nwhich the Supreme People’s Procuracy signs the decision on promulgation and\r\nreplacement of Regulation on supervision of civil judgment enforcement issued\r\ntogether with Decision No. 255/2013/QD-VKSNDTC-V10 dated June 19, 2013 of the\r\nChief Procurator of the People’s Supreme Procuracy.
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File gốc của Decision No. 810/QD-VKSTC dated December 20, 2016 on promulgating regulations on supervision of civil judgment enforcement, administrative judgment enforcement đang được cập nhật.
Decision No. 810/QD-VKSTC dated December 20, 2016 on promulgating regulations on supervision of civil judgment enforcement, administrative judgment enforcement
Tóm tắt
| Cơ quan ban hành | Viện kiểm sát nhân dân tối cao |
| Số hiệu | 810/QD-VKSTC |
| Loại văn bản | Quyết định |
| Người ký | Nguyễn Thị Thủy Khiêm |
| Ngày ban hành | 2016-12-20 |
| Ngày hiệu lực | 2016-12-20 |
| Lĩnh vực | Thủ tục Tố tụng |
| Tình trạng | Còn hiệu lực |