CHƯƠNG VIII Luật thi hành án dân sự 2008: Nhiệm vụ, quyền hạn của cơ quan, tổ chức trong thi hành án dân sự

Chapter VIII.

TASKS AND POWERS OF AGENCIES AND ORGANIZATIONS IN CIVIL JUDGMENT ENFORCEMENT

Article 166. Tasks and powers of the Government in civil judgment enforcement

1. To perform the unified state management of civil judgment enforcement nationwide.

2. To direct governmental agencies and provincial-level People’s Committees in enforcing civil judgments.

3. To coordinate with the Supreme People’s Court and the Supreme People’s Procuracy in enforcing civil judgments.

4. To annually report on civil judgment enforcement to the National Assembly.

Article 167. Tasks and powers of the Justice Ministry in civil judgment enforcement

1. The Justice Ministry is answerable to the Government for performing the state management of civil judgment enforcement, and has the following tasks and powers:

a/ To issue or propose competent agencies to issue legal documents on civil judgment enforcement;

b/ To formulate and organize the implementation of policies and plans on civil judgment enforcement;

c/ To disseminate and educate about the law on civil judgment enforcement;

d/ To manage the organizational apparatus, state payrolls and operation of civil judgment enforcement agencies; to decide on establishment and dissolution of civil judgment enforcement agencies; to train, appoint and relieve from duty enforcers or verifiers;

e/ To professionally guide, direct and retrain enforcers, verifiers and other civil servants engaged in civil judgment enforcement work;

f/ To commend achievements, examine, inspect, and handle violations in civil judgment enforcement work; to settle complaints and denunciations about civil judgment enforcement;

g/ To decide on plans on allocation of funding sources and assurance of material facilities and means for the operation of civil judgment enforcement agencies;

h/ To enter into international cooperation in civil judgment enforcement;

i/ To review civil judgment enforcement work;

j/ To promulgate and implement regulations on statistics on civil judgment enforcement;

k/ To report on civil judgment enforcement to the Government.

2. The civil judgment enforcement management agency of the Justice Ministry shall assist the Justice Minister in performing the state management of civil judgment enforcement and perform specialized management of civil judgment enforcement under the Government’s regulations.

Article 168. Tasks and powers of the Defense Ministry in civil judgment enforcement

1. To coordinate with the Justice Ministry in performing the state management of civil judgment enforcement in the Army:

a/ Issuing or proposing competent agencies to issue legal documents on civil judgment enforcement in the Army;

b/ Appointing and dismissing enforcers; professionally training and retraining enforcers, verifiers and staffs engaged in civil judgment enforcement in the Army;

c/ Reviewing and reporting civil judgment enforcement to the Government.

2. To perform the following tasks:

a/ Providing professional guidance on judgment enforcement to military zone-level judgment enforcement agencies; disseminating and educating about the law on civil judgment enforcement in the Army;

b/ Managing the organizational apparatus and state payrolls and deciding on establishment and dissolution of judgment enforcement agencies in the army; appointing and relieve from duty heads and deputy heads of military zone-level judgment enforcement agencies; commending or disciplining army men engaged in military judgment enforcement in the Army;

c/ Examining, inspecting and settling complaints and denunciations and handling violations in judgment enforcement in the Army;

d/ Managing and working out plans on allocation of funding sources and assurance of material facilities and means for judgment enforcement activities in the Army.

3. The judgment enforcement management agency of the Defense Ministry shall assist the Defense Minister in performing the tasks and exercising the powers specified in this Article under the Government’s regulations.

Article 169. Tasks and powers of the Public Security Ministry in civil judgment enforcement

1. To coordinate with the Justice Ministry in issuing legal documents on civil judgment enforcement.

2. To direct police offices in protecting judgment enforcement activities, and coordinating with one another in protecting material evidence warehouses of civil judgment enforcement agencies when necessary;

3. To direct custody facilities and detention camps where judgment debtors are serving imprisonment sentences in collecting sums of money and assets payable by judgment debtors or their relatives for judgment enforcement.

4. To direct competent police offices in coordinating with civil judgment enforcement agencies in requesting courts to consider and decide on penalty remission or commutation for eligible judgment debtors under law.

5. To coordinate with the Justice Ministry in reviewing civil judgment enforcement work.

Article 170. Tasks and powers of the Supreme People’s Court in civil judgment enforcement

1. To coordinate with the Justice Ministry in issuing legal documents on civil judgment enforcement.

2. To direct courts at all levels in coordinating with civil judgment enforcement agencies in enforcing civil judgments and settling requests of civil judgment enforcement agencies within the law-prescribed time limit.

3. To coordinate with the Justice Ministry in reviewing civil judgment enforcement work.

Article 171. Tasks and powers of the Supreme People’s Procuracy in civil judgment enforcement

1. To coordinate with the Justice Ministry in issuing legal documents on civil judgment enforcement.

2. To inspect and direct procuracies at all levels in supervising civil judgment enforcement under law.

3. To coordinate with the Justice Ministry in reviewing civil judgment enforcement work.

Article 172. Tasks and powers of command posts of military zones and equivalent levels in civil judgment enforcement

1. To direct the organization of coordination among concerned agencies in enforcing judgments or rulings in big and complicated cases impacting on political security and social order and safety in military zones and equivalent levels at the request of heads of military zone-level judgment enforcement agencies.

2. To request military zone-level judgment enforcement agencies to report on judgment enforcement work, and examine and inspect this work in military zones and equivalent levels.

3. To give written opinions on appointment and relief of duty of heads and deputy of heads of military zone-level judgment enforcement agencies.

4. To decide to commend or propose competent authorities to commend collectives and individuals that record achievements in civil judgment enforcement.

Article 173. Tasks and powers of provincial-level People’s Committees in civil judgment enforcement

1. To direct the organization of coordination among concerned agencies in enforcing civil judgments in their localities.

2. To direct the organization of coercive enforcement of judgments or rulings in big and complicated cases impacting political security and social order and safety in their localities at the request of heads of provincial-level civil judgment enforcement agencies.

3. To give written opinions on appointment and relief of duty of heads and deputy heads of provincial-level civil judgment enforcement agencies.

4. To decide to commend or propose competent authorities to commend collectives and individuals that record achievements in civil judgment enforcement.

5. To request provincial-level civil judgment enforcement agencies to report on civil judgment enforcement in their localities.

6. To request provincial-level civil judgment enforcement agencies to inspect civil judgment enforcement in localities.

Article 174. Tasks and powers of district-level People’s Committees

1. To direct the organization of coordination among concerned agencies in enforcing civil judgments in their localities.

2. To direct the organization of coercive enforcement of judgments or rulings in big and complicated cases impacting political security and social order and safety in their localities at the request of heads of district-level civil judgment enforcement agencies.

3. To give written opinions on appointment and dismissal of heads and deputy heads of district-level civil judgment enforcement agencies.

4. To request provincial-level civil judgment enforcement agencies to inspect themselves and heads of provincial-level judgment enforcement agencies to inspect civil judgment enforcement in their localities.

5. To decide to commend or propose competent authorities to commend collectives and individuals that record achievements in civil judgment enforcement.

6. To request civil judgment enforcement agencies to report on civil judgment enforcement in localities.

Article 175. Tasks and powers of commune-level People’s Committees in civil judgment enforcement

Presidents of commune-level People’s Committees shall, within the ambit of their tasks and powers, coordinate with enforcers and civil judgment enforcement agencies in notifying judgment enforcement, verifying judgment enforcement conditions, applying measures to secure or coerce judgment enforcement and other tasks related to judgment enforcement in their localities.

Article 176. Responsibilities of the State Treasury, banks and other credit institutions in civil judgment enforcement

1. To supply accurate, adequate and timely information and data on accounts of judgment debtors at the request of enforcers and civil judgment enforcement agencies.

2. To strictly and promptly satisfy requests of enforcers for blockade of accounts and assets, deduction of sums of money from accounts, release of blockaded accounts or assets of judgment debtors.

3. To fully comply with other requests of enforcers and civil judgment enforcement agencies under this Law.

Article 177. Responsibilities of the Social Insurance in civil judgment enforcement

1. To supply accurate, adequate and timely information and data on incomes of judgment debtors currently paid through it at the request of enforcers and civil judgment enforcement agencies.

2. To strictly and promptly comply with requests of enforcers for subtraction of incomes of judgment debtors for judgment enforcement.

3. To fully comply with other requests of enforcers and civil judgment enforcement agencies under this Law.

Article 178. Responsibilities of asset and security transaction registration offices in civil judgment enforcement

1. To suspend or terminate realization of requests related to transactions in assets of judgment debtors registered with asset or security transaction registration offices right after receiving requests of enforcers and civil judgment enforcement agencies.

2. To register asset ownership or land use rights for asset purchasers and judgment creditors that receive assets for clearing against sums of money receivable under judgment enforcement.

3. To withdraw, modify or destroy asset ownership or land use right certificates, security transaction registration certificates already granted to judgment debtors; to grant new ones under law.

Article 179. Responsibilities of judgment or ruling-making agencies in judgment enforcement

1. To assure that pronounced judgments or rulings are accurate, explicit, specific and suitable to reality.

2. To explain in writing unclear contents of pronounced judgments or rulings within 15 days after receiving requests of involved parties or civil judgment enforcement agencies.

For complicated cases, the time limit for reply is 30 days from the date of receipt of requests.

3. To respond to requests of civil judgment enforcement agencies for reviewing court judgments or rulings according to cassation or re-­opening procedures within 45 days after receiving these requests.

4. To accept and promptly handle requests of civil judgment enforcement agencies and involved parties for identification of ownership, division of assets or settlement of disputes over ownership or the right to use assets, which fall under the competence of courts and arise the course of judgment enforcement.

Article 180. Tasks and powers of agencies and organizations assigned to oversee and manage persons currently serving criminal sentences

Agencies and organizations assigned to oversee and manage persons currently serving criminal sentences under the Criminal Procedure Code shall, within the ambit of their tasks and powers, coordinate with civil judgment enforcement agencies in:

1. Educating these persons to strictly perform their civil obligations under court judgments or rulings;

2. Supplying to civil judgment enforcement agencies relevant information on civil obligors who are currently serving criminal sentences; notifying civil judgment enforcement-related papers to judgment debtors currently serving criminal sentences;

3. Collecting sums of money receivable under judgment enforcement under this Law;

4. Promptly notifying civil judgment enforcement agencies of places of residence of convicts who have completely served imprisonment sentences, entitled to amnesty or imprisonment penalty remission.

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