CHƯƠNG VI Luật thi hành án dân sự 2008: Khiếu nại, tố cáo và kháng nghị thi hành án dân sự

Chapter VI.

COMPLAINTS AND DENUNCIATIONS ABOUT AND PROTESTS AGAINST CIVIL JUDGMENT ENFORCEMENT

Section 1. COMPLAINTS ABOUT CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT THEREOF

Article 140. The right to complain about judgment enforcement

1. Involved parties and persons with related rights and obligations have the right to complain about decisions or acts of heads of civil judgment enforcement agencies or enforcers if they have grounds to believe that these decisions or acts are illegal or having infringed upon their rights and legitimate interests.

2. Statute of limitations for lodging complaints about decisions or acts of heads of civil judgment enforcement agencies or enforcers are as follows:

a/ Fifteen days after receiving decisions or knowing acts, for judgment enforcement decisions or acts before the application of security or coercive measures;

b/ Three working days after receiving decisions, for decisions on application of the measure of blockading accounts.

Ten days after receiving decisions on or knowing acts of application of other security measures;

c/ Thirty days after receiving decisions on or knowing acts of application of coercive measures;

d/ Thirty days after receiving decisions or knowing acts after application of coercive measures.

In case due to objective obstacles or force majeure circumstances, complainants cannot exercise the right to lodge complaints within the set time limit, the period when these objective obstacles or force majeure circumstances exist will not be counted into the time limit for lodging complaints.

For further complaints, the statute of limitations is 15 days after receiving competent persons’ complaint settlement decisions.

Article 141. Cases in which complaints are not accepted for settlement

1. Complained decisions or acts are not directly related to rights and legitimate interests of complainants.

2. Complainants do not have the full civil act capacity and lawful representative, unless otherwise provided for by law.

3. Complainants’ representatives have no papers proving their lawful representation.

4. The statute of limitations for lodging complaints expires.

5. There have been effective complaint settlement decisions, except for the cases specified at Point b, Clause 4 and Point b, Clause 7, Article 142 of this Law.

Article 142. Competence to settle complaints about judgment enforcement

1. Heads of district-level civil judgment enforcement agencies shall settle complaints about illegal decisions or acts of enforcers managed by their agencies.

2. Heads of provincial-level judgment enforcement agencies shall settle the following complaints:

a/ Complaints about illegal decisions or acts of enforcers managed by their agencies;

b/ Complaints about illegal decisions or acts of heads of district-level civil judgment enforcement agencies;

c/ Complaints about complaint settlement decisions of heads of district-level civil judgment enforcement agencies. Complaint settlement decisions of provincial-level judgment enforcement agencies will be effective for enforcement.

3. The head of the civil judgment enforcement management agency of the Justice Ministry shall settle the following complaints:

a/ Complaints about illegal decisions or acts of heads of provincial-level civil judgment enforcement agencies;

b/ Complaints about complaint settlement decisions of heads of provincial-level civil judgment enforcement agencies. Complaint settlement decisions of the head of the civil judgment enforcement management agency of the Justice Ministry will be effective for enforcement.

4. The Justice Minister shall settle the following complaints:

a/ Complaints about complaint settlement decisions of the head of the civil judgment enforcement management agency of the Justice Ministry specified at Point a, Clause 3 of this Article. Complaint settlement decisions of the Justice Minister will be effective for enforcement;

b/ When necessary, the Justice Minister may review complaint settlement decisions which are effective for enforcement specified in Clauses 2 and 3 of this Article.

5. Heads of military zone-level judgment enforcement agencies shall settle complaints about illegal decisions or acts of their enforcers.

6. The head of the judgment enforcement management agency of the Defense Ministry shall settle the following complaints:

a/ Complaints about illegal decisions or acts of heads of military zone-level judgment enforcement agencies;

b/ Complaints about complaint settlement decisions of heads of military zone-level judgment enforcement agencies. Complaint settlement decisions of the head of the judgment enforcement management agency of the Defense Ministry will be effective for enforcement.

7. The Defense Minister shall settle the following complaints:

a/ Complaints about complaint settlement decisions of the head of the judgment enforcement management agency of the Defense Ministry. Complaint settlement decisions of the Defense Minister will be effective for enforcement;

b/ When necessary, the Defense Minister may review complaint settlement decisions of the head of the judgment enforcement management agency of the Defense Ministry specified at Point b, Clause 6 of this Article.

Article 143. Rights and obligations of complainants

1. Complainants have the following rights:

a/To lodge complaints by themselves or through their lawful representatives;

b/ To hire lawyers to provide legal consultancy in the complaining process;

c/ To receive complaint settlement decisions;

d/ To get access to proofs serving as grounds for complaint settlement; to show proofs relevant to complaints and give their opinions on these proofs;

e/ To have their rights and legitimate interests, which have been infringed upon, restored, and enjoy compensations for damage, if any;

f/ To lodge further complaints if disagreeing with first-time complaint settlement decisions of persons with complaint-settling competence;

g/ To withdraw their complaints at any stage of the process of complaint settlement.

2. Complainants have the following obligations:

a/ To lodge their complaints with persons with complaint-settling competence;

b/ To honestly report their cases and supply information and documents to complaint settlers; to be held responsible before law for the reported cases and supplied information and documents;

c/ To strictly abide by effective complaint settlement decisions and decisions of the Justice Minister and the Defense Minister specified at Point b, Clause 4 and Point b, Clause 7, Article 142 of this Law.

Article 144. Rights and obligations of complained persons

1. Complained persons have the following rights:

a/ To get access to grounds on which complainants have lodged complaints; to show proofs of the legality of complained decisions or acts;

b/ To receive complaint settlement decisions.

2. Complained persons have the following obligations:

a/ To explain complained decisions or acts, supply relevant information and documents when so requested by persons with complaint-settling competence;

b/ To strictly abide by effective complaint settlement decisions and decisions of the Justice Minister and the Defense Minister specified at Point b, Clause 4 and Point b, Clause 7, Article 142 of this Law;

c/ To pay compensations or indemnities and remedy consequences caused by their illegal decisions or acts under law.

Article 145. Rights and obligations of persons with complaint-settling competence

1. Persons with complaint-settling competence have the following rights:

a/ To request complainants, complained persons and persons with related interests and obligations to supply information and documents related to complaints;

b/ To suspend the enforcement of complained decisions or performance of complained acts or request civil judgment enforcement agencies to suspend judgment enforcement during the period of complaint settlement under this Law, if they believe that the judgment enforcement will affect rights and legitimate interests of involved parties or the settlement of complaints.

2. Persons with complaint-settling competence have the following obligations:

a/ To receive and settle complaints about decisions or acts;

b/ To notify in writing the acceptance of complaints for settlement and send complaint settlement decisions to complainants;

c/ To be held responsible before law for their settlement of complaints.

Article 146. Time limits for settlement of complaints

1. For decisions or acts specified at Point a, Clause 2, Article 140 of this Law, the time limits for settlement of first-time and second-time complaints are 15 days and 30 days, respectively, from the date of acceptance of complaints.

2. For decisions or acts specified at Point b, Clause 2, Article 140 of this Law, the time limit for settlement of complaints is 5 working days from the date of acceptance of complaints.

3. For decisions or acts specified at Point c, Clause 2, Article 140 of this Law, the time limits for settlement of first-time and second-time complaints are 30 days and 45 days, respectively, from the date of acceptance of complaints.

When necessary, for complicated cases, the time limit for complaint settlement may be prolonged but must not exceed 30 days after the expiration of the original time limit.

4. For decisions or acts specified at Point d, Clause 2, Article 140 of this Law, the time limits for settlement of first-time and second-time complaints are 15 days and 30 days, respectively, from the date of acceptance of complaints.

Article 147. Forms of complaints

Complainants may lodge their complaints in any of the following forms:

1. Sending written complaints to agencies with complaint-settling competence. Such a written complaint must clearly state the date of complaint; full name and address of the complainant; full name and address of the complained person; complaining contents, reason for complaint and request for settlement. Written complaints must be signed or fingerprinted by complainants.

2. Orally presenting complaint contents at agencies with complaint-settling competence. Persons responsible for receiving complaints shall guide complainants in writing down their complaints or record presented complaint contents under Clause 1 of this Article, and have these documents signed or fingerprinted by complainants.

3. Lodging complaints through their representatives. Representatives must have papers proving the legality of the representation and the lodging of complaints must strictly comply with the procedures specified in Clauses 1 and 2 of this Article.

Article 148. Acceptance of complaints

Within 5 working days after receiving complaints falling under their competence and outside the cases specified in Article 141 of this Law, persons with first-time complaint-settling competence shall accept these complaints for settlement and notify in writing complainants of the acceptance. In case they refuse to accept complaints for settlement, they shall notify and clearly state reasons for the refusal to complainants.

Article 149. Complaint settlement dossiers

1. Complaint settlement must be recorded in dossiers. A complaint settlement dossier comprises:

a/ A written complaint or a written record of complaint contents;

b/ A written explanation of the complained person;

c/ Written records of verification, inspection, conclusion and results of assessment;

d/ Complaint settlement decision;

e/ Other relevant documents.

2. Complaint settlement dossiers shall be numbered and archived under law.

Article 150. Order of settlement of first-time complaints

After accepting complaints, persons with complaint-settling competence shall conduct verification and request complained persons to vindicate themselves, and when necessary, may consult experts or organize dialogues to clarify complaint contents, requests of complainants and settlement directions.

Persons with complaint-settling competence shall issue decisions on settlement of complaints falling under their competence.

Article 151. Contents of a first-time complaint settlement decision

1. Date of issuance.

2. Full names and addresses of complainant and complained person.

3. Complaint contents.

4. Results of verification of complaint contents;

5. Legal grounds for settlement.

6. Conclusions on correct, partially correct or wholly wrongful complaint contents.

7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or act, or forcible termination of the enforcement or performance of the complained decision or act.

8. The payment of compensation for damage and remedying of consequences caused by the illegal decision or act.

9. Guidance on the complainant’s right to lodge a further complaint.

Article 152. Procedures for settling second-time complaints

1. In case of further complaining, complainants shall lodge complaints enclosed with copies of first-time complaint settlement decisions and relevant documents with persons with second-time complaint-settling competence.

2. In the course of second-time complaint settlement, persons with complaint-settling competence have the rights provided for in Article 145 of this Law and may request first-time complaint settlers, concerned agencies, organizations and individuals to supply information, documents and proofs related to complaint contents; summons complained persons and complainants for organizing dialogues when necessary; verify complaint contents; consult experts, and take other measures provided for by law to settle complaints. When receiving requests, concerned agencies, organizations and individuals shall satisfactorily respond to them.

Persons with second-time complaint settlement competence shall issue complaint settlement decisions.

Article 153. Contents of a second-time complaint settlement decision

1. Date of issuance.

2. Full names and addresses of the complainant and complained person.

3. Complaint contents.

4. Results of verification of complaint contents.

5. Legal grounds for the settlement.

6. Conclusions on complaint contents and settlement by the person with second-time complaint settlement competence.

7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or act, or forcible termination of the enforcement or performance of the complained decision or act.

8. The payment of compensation for damage and remedying of consequences caused by the illegal decision or act.

Section 2. DENUNCIATIONS ABOUT CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT THEREOF

Article 154. Persons with the right to denounce

Citizens may lodge denunciations with competent agencies, organizations or individuals about illegal acts of heads of civil judgment enforcement agencies, enforcers and other civil servants engaged in civil judgment enforcement who cause damage or threat to cause damage to the interests of the State, rights and legitimate interests of citizens, agencies and organizations.

Article 155. Rights and obligations of denouncers

1. Denouncers have the following rights:

a/ To lodge written denunciations with or orally present denunciations to competent agencies, organizations or individuals;

b/ To request confidentiality of their full names, addresses and autographs;

c/ To be notified of denunciation settlement results;

d/ To request competent agencies, organizations and individuals to protect them when they are intimidated, bullied or at risk of being revenged.

2. Denouncers have the following obligations:

a/ To honestly present denunciation contents and supply related documents;

b/ To give their full names and addresses;

c/ To be held responsible before law for untruthful denunciations.

Article 156. Rights and obligations of denounced persons

1. Denounced persons have the following rights:

a/ To be notified of denunciation contents;

b/ To show proofs of the untruthfulness of denunciation contents;

c/ To have their infringed rights and legitimate interests and damaged honor restored; to be paid compensations for damage caused by wrongful denunciations;

d/ To request competent agencies, organizations and individuals to handle persons who make untruthful denunciations.

2. Denounced persons have the following obligations:

a/ To explain their denounced acts; to supply information and relevant documents when so requested by competent agencies, organizations and individuals;

b/ To strictly abide by handling decisions of competent agencies, organizations and individuals;

c/ To pay compensations for damage and remedy consequences caused by their illegal acts under law.

Article 157. Competence, time limit and procedures for denunciation settlement

1. Denunciations about illegal acts of persons managed by agencies or organizations shall be settled by heads of these agencies or organizations.

2. In case denounced persons are heads of civil judgment enforcement agencies, heads of immediately higher-level civil judgment enforcement agencies or the head of the civil judgment enforcement management agency of the Justice Ministry shall settle denunciations.

In case denounced persons are heads of military zone-level judgment enforcement agencies, the head of the civil judgment enforcement management agency of the Defense Ministry shall settle denunciations.

The time limit for settling denunciations is 60 days after the date of acceptance. For complicated cases, it may be prolonged but must not exceed 90 days.

3. Denunciations about illegal acts showing signs of crime shall be settled under the Criminal Procedure Code.

4. Procedures for settling denunciations comply with the law on complaints and denunciations.

Article 158. Responsibilities of persons with denunciation-settling competence

1. Competent agencies, organizations and individuals shall, within the ambit of their tasks and powers, receive and promptly and lawfully settle denunciations; strictly handle violators; apply necessary measures to prevent damage; ensure that settlement decisions are strictly enforced, and be held responsible before law for their decisions.

2. Persons with denunciation-settling competence who fail to settle denunciations, settle denunciations irresponsibly or in contravention of law shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations therefor under law.

Article 159. Inspection of the observance of law in settling complaints or denunciations about civil judgment enforcement

Procuracies shall inspect the observance of law in settling complaints or denunciations about civil judgment enforcement under law. Procuracies may request civil judgment enforcement agencies at the same level or lower levels and responsible agencies, organizations and individuals to ensure the grounded and lawful settlement of complaints and denunciations.

Section 3. PROTESTS AGAINST CIVIL JUDGMENT ENFORCEMENT AND SETTLEMENT THEREOF

Article 160. The right of procuracies to protest

1. Procuracies may protest against decisions or acts of heads of civil judgment enforcement agencies at the same level or lower levels and their enforcers under the Law on Organization of People’s Procuracies.

2.The time limit for procuracies at the same level or higher levels to protest is 15 days or 30 days, respectively, from the date of receipt of unlawful decisions or detection of violation acts.

Article 161. Replies to protests of procuracies

1. Heads of civil judgment enforcement agencies shall reply to protests of procuracies against their judgment enforcement decisions or those of enforcers under their management within 15 days after the date of receipt of protests.

If accepting protests of procuracies, heads of civil judgment enforcement agencies shall, within 5 working days after the date of reply to protests, comply with these protests.

2. In case heads of civil judgment enforcement agencies disagree with protests of procuracies, they shall act as follows:

a/ Heads of district-level civil judgment enforcement agencies in localities where protested decisions or acts are issued or taken shall report protests to provincial-level civil judgment enforcement agencies and chairmen of immediately higher-level procuracies. Heads of provincial-level civil judgment enforcement agencies shall consider these protests and reply within 30 days after receiving reports. Written replies of heads of provincial-level civil judgment enforcement agencies will be effective for implementation;

b/ Heads of provincial-level civil judgment enforcement agencies whose decisions or acts are protested against shall report protests to the head of the civil judgment enforcement management agency of the Justice Ministry and the Supreme People’s Procuracy. The head of the civil judgment enforcement management agency of the Justice Ministry shall consider these protests and reply within 30 days after receiving reports. Written replies of the head of the civil judgment enforcement management agency of the Justice Ministry will be effective for implementation.

c/ Heads of military zone-level judgment enforcement agencies whose decisions or acts are protested against shall report protests to the head of the civil judgment enforcement management agency of the Defense Ministry and the Central Military Procuracy. The head of the civil judgment enforcement management agency of the Defense Ministry shall consider these protests and reply within 30 days after receiving reports. Written replies of the head of the civil judgment enforcement management agency of the Defense Ministry will be effective for implementation.

3. In case written replies to protests specified in Clause 2 of this Article are found groundless, the Chairman of the Supreme People’s Procuracy may request the Justice Minister to reconsider effective written replies of heads of provincial-level civil judgment enforcement agencies or the head of the civil judgment enforcement management agency of the Justice Ministry, or request the Defense Minister to reconsider effective written replies of heads of military zone-level judgment enforcement agencies or the head of the civil judgment enforcement management agency of the Defense Ministry.