Chương XVI Luật tố tụng hành chính 2010: Thủ tục thi hành bản án, quyết định của Tòa án về vụ án hành chính

Chapter XVI

PROCEDURES FOR EXECUTING COURT JUDGMENTS OR RULINGS ON ADMINISTRATIVE CASES

Article 241. Court judgments or rulings on administrative cases to be executed

1. Legally effective judgments or rulings or parts thereof of the first-instance court which are not appealed or protested against according to appellate procedures.

2. Judgments or rulings of the appellate court.

3. Cassation decisions or reopening decisions of the court.

4. Decisions issued according to special procedures of the Judges' Council of the Supreme People's Court under Article 240 of this Law.

5. Decisions of the court to apply provisional urgent measures though they may be appealed or protested against.

Article 242. Explanation of court judgment and ruling

1. The person in favor of whom a judgment is executed. the person obliged to execute a judgment, persons with rights and obligations related to the execution of a court judgment or ruling and the civil judgment enforcement agency have the right to request in writing the court which has issued the judgment or ruling specified in Clause 1, 2, 3 or 4, Article 241 of this Law to explain unclear points in the judgment or ruling for execution.

2. The presiding judge of the court hearing or session shall explain the judgment or ruling of the court. In case he/she no longer works as judge of the court, the president of such court shall explain the judgment or ruling.

3. Explanation of a court judgment or ruling must be based on the judgment or ruling, minutes of the court hearing or session and minutes of deliberation.

4. Within 15 days after the date of receiving a written request, the court shall issue a written explanation and send it to the individuals, agencies and organizations that ere provided or delivered the judgment or ruling under this Law.

Article 243. Execution of court judgment and ruling

1. A court judgment or ruling on an administrative case specified in Article 241 of this Law shall be executed as follows:

a/ If it rejects the lawsuit petition concerning an administrative decision, disciplinary decision on dismissal, decision on settlement of a complaint about the decision on handling of a competition case or voter list, (he involved parties shall continue implementing such decision in accordance with law;

b/ If it cancels the whole or part of an administrative decision, decision on settlement of a complaint about the decision on handling of a competition case, the decision or part of the decision which is cancelled will no longer be effective. The involved parties shall execute the judgment or ruling based on the rights and obligations already identified therein;

c/ If it cancels the disciplinary decision on dismissal, this decision will no longer be effective. Within 10 days after receiving the judgment or ruling, the head of the agency or organization having issued such disciplinary decision shall execute the judgments ruling;

d/ If it declares illegal the administrative act taken, the person obliged to execute the judgment shall terminate such administrative act on the date of receiving the judgment or ruling;

e/ If it declares illegal the act of non-performing a task or an official duty, the person obliged to execute such judgment shall perform the task or official duty in accordance with law on the date of receiving the judgment or ruling;

f/ If it compels the voter list-making agency to modify or supplement the voter list, the person obliged to execute the judgment shall immediately modify or supplement the list upon receiving the judgment or ruling;

g/ If the court issues a decision on application of provisional urgent measures, the person to whom such measures are applied shall immediately implement such decision upon receiving it;

h/ Rulings on assets in the judgment, or ruling shall be executed in accordance with the civil judgment enforcement law.

2. The person obliged to execute a judgment shall report in writing on the result of execution to the civil judgment enforcement agency of the same level with the court which has conducted first-instance trial of the case.

Article 244. Request for execution of court judgment or ruling

1. In case the person obliged to execute a judgment fails to execute the judgment, the person in favor of whom the judgment is executed may request the person obliged to execute the judgment to immediately execute the. court judgment or ruling specified at Point f or g, Clause 1, Article 243 of this Law.

2. After 30 days counting from the date of receiving a legally effective court judgment or ruling or upon the expiration of the time limit for executing a court judgment or ruling, if the person obliged to execute a judgment fails to execute the judgment, the person in favor of" whom the judgment is executed may request in writing person obliged to execute the judgment to execute the court judgment or ruling under Point b, c, d or e. Clause 1, Article 243 of this Law.

3. If the person obliged to execute a judgment fails to execute the court judgment or ruling, within 15 days after the date of making a written request under Clause 2 of this Article, the person in favor of whom the judgment is executed may send a written request to the civil judgment enforcement agency of the place in which the court which has conducted the first-instance trial is located to urge the execution of the judgment or ruling. Upon receiving such request, the civil judgment enforcement agency shall urge the person concerned to execute the judgment and advise in writing the immediate superior agency of such person to direct the execution and the same-level procuracy to supervise the execution.

4. Upon receiving the written request of the person in favor of whom a judgment is executed for urging the judgment execution under Clause 3 of this Article, the civil judgment enforcement agency shall open a book to monitor and manage the execution for such person. The person in favor of whom a judgment is executed shall provide the civil judgment enforcement agency a copy of the court judgment or ruling and other related documents to prove that though having received a valid written request, the person obliged to execute a judgment still deliberately fails to execute the judgment.

Within 5 working days after receiving a written request of the person in favor of whom a judgment is executed for urging the judgment execution, the civil judgment enforcement agency shall issue a document urging the person obliged to execute a judgment to execute the court judgment or ruling strictly according to its content.

Article 245. Responsibilities for complying with requests for judgment execution

1. Within 30 days after receiving a document of the civil judgment enforcement agency urging the execution of the court judgment or ruling, the person obliged to execute a judgment shall inform in writing his/her execution to the civil judgment enforcement agency.

2. Upon the expiration of the time limit specified in Clause 1 of this Article, if the person obliged to execute a judgment fails to execute the judgment or does not inform the result of execution, the civil judgment enforcement agency shall notify in writing the immediate superior agency of such person thereof for examination and direction of the judgment execution and handling his/her liability under law. and at the same time send a notice to the civil judgment enforcement management agency or the immediate superior civil judgment enforcement management agency for monitoring and assistance to the immediate superior agency of such person in directing the execution.

3. Within 30 days after receiving the written notice of the judgment enforcement agency specified in Clause 2 of this Article, the immediate superior agency of the person obliged to execute a judgment shall examine and direct the judgment execution in accordance with law and notify the judgment enforcement agency thereof.

Article 246. Stale management of execution of administrative judgment

1. The Government shall perform the unified state management of the execution of administrative judgments nationwide; coordinate with the Supreme People's Court and the Supreme People's Procuracy in the state management of the execution of administrative judgments; and annually report to the National Assembly on the execution of administrative judgments.

2. The Ministry of Justice shall take responsibility before the Government for performing the state management of the execution of administrative judgments, and has the following tasks and powers:

a/ Promulgating or submitting to competent agencies for promulgation legal documents on execution of administrative judgments;

b/ Assuring sufficient personnel, physical foundations and equipment for the state management of the execution of administrative judgments;

c/ Guiding, directing and providing professional training in the management of the execution of administrative judgment; disseminating and educating about the law on execution of administrative judgments;

d/ Examining, inspecting and settling complaints and denunciations about the management of the execution of administrative judgments;

e/ Reporting to the Government on the execution of administrative judgments;

f/ Making and implementing plans on statistics, monitoring and review of the execution of administrative judgments.

3. The civil judgment enforcement management agency and the civil judgment enforcement agency under the Ministry of Justice shall assist the Minister of Justice in performing the state management of the execution of administrative judgments and performs the tasks defined in this Law and the Government's regulations.

Article 247. Handling of violations in the execution of administrative judgment

1. Agencies, organizations and individuals that are obliged execute court judgments or rulings but intentionally fail to execute them shall, depending on a case-by-case basis, be administratively sanctioned, disciplined or examined for penal liability.

2. Those who abuse their positions and powers to intentionally obstruct the judgment execution shall, depending on a case-by-case basis, be administratively sanctioned, disciplined or examined for penal liability; if causing damage, they shall pay compensations in accordance with law.

Article 248. Supervision of the execution of administrative judgment

The procuracies shall, within the scope of their tasks and powers, supervise the law observation by the involved parties and individuals, agencies and organizations related to the execution of court judgments or rulings in order to ensure the timely, full and lawful execution.

The procuracies have the right to recommend individuals, agencies and organizations obliged to execute administrative judgments and immediate superior agencies and organizations of agencies and organizations obliged to execute court judgments and ruling to take measures to organize the serious execution of court judgments and rulings.