Chương XIX Luật tố tung hành chính 2015: Thủ tục thi hành bản án, quyết định của tòa án về vụ án hành chính

Chapter XIX

PROCEDURES FOR EXECUTION OF COURT JUDGMENTS OR RULINGS ON ADMINISTRATIVE CASES

Article 309. Court judgments or rulings on administrative cases to be executed

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

2. Judgments or rulings of the appellate court.

3. Cassation or reopening rulings of the court.

4. Rulings made according to special procedures of the Judicial Council of the Supreme People’s Court under Article 296 of this Law.

5. Court rulings to apply provisional urgent measures though they may be appealed or protested against.

Article 310. Explanation of court judgments and rulings

1. The judgment creditor, judgment debtor, person with interests and obligations related to the execution of a court judgment or ruling, and the civil judgment enforcement agency may request in writing the court that has made the judgment or ruling specified in Clause 1, 2, 3 or 4, Article 309 of this Law to explain unclear contents in the judgment or ruling for execution.

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

3. The explanation of a court judgment or ruling shall be based on such judgment or ruling, minutes of the court hearing or session and minutes of judgment deliberation.

4. Within 15 days after receiving a written request, the court shall send a written explanation to the agency, organization and individual to which/whom the judgment or ruling is issued or sent in accordance with this Law.

Article 311. Execution of court judgments and rulings

1. A court judgment or ruling on an administrative case specified in Article 309 of this Law shall be executed as follows:

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

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

c/ If it has annulled the disciplinary decision on dismissal, this decision is no longer effective. The head of the agency or organization that has issued such decision shall execute the judgment or ruling;

d/ If it has declared the taken administrative act as illegal, the judgment debtor shall terminate such act from the date of receiving the court judgment or ruling;

dd/ If it has declared the act of failing to perform a task or an official duty as illegal, the judgment debtor shall perform this task or official duty in accordance with law upon receiving the court judgment or ruling;

e/ If it has compelled the voter list-making agency to modify and supplement this list, the judgment debtor shall immediately modify or supplement the list upon receiving the court judgment or ruling;

g/ If the court has issued a decision on application of a provisional urgent measure, the person to whom such measure is applied shall execute such decision upon receiving it;

h/ Rulings on assets in the court judgment or ruling shall be executed in accordance with the law on execution of civil judgments.

2. Time limit for voluntary judgment execution shall be determined as follows:

a/ The judgment debtor shall execute the court judgment or ruling prescribed at Point e or g, Clause 1 of this Article upon receiving it;

b/ The judgment debtor shall execute the court judgment or ruling prescribed at Point a, b, c, d or dd, Clause 1 of this Article within 30 days after receiving it.

The agency obliged to execute the court judgment or ruling shall notify in writing the judgment execution result prescribed in this Clause to the court that has conducted the first- instance trial and the same-level civil judgment enforcement agency.

1. Past the time limit prescribed in Clause 2 of this Article, if the judgment debtor fails to execute the court judgment or ruling, the judgment creditor may file a written request to the court that has conducted the first-instance trial for issuance of a decision compelling the execution of such judgment or ruling under Clause 1, Article 312 of this Law.

Article 312. Request for, and decision compelling, execution of court judgments or rulings

1. Within 1 year after the expiration of the time limit prescribed at Point b, Clause 2, Article 311 of this Law, if the judgment debtor fails to voluntarily execute the court judgment or ruling, the judgment creditor may file a written request enclosed with a copy of the judgment or ruling and other relevant documents to the court that has conducted the first-instance trial for issuance of a decision compelling the execution of such judgment or ruling.

If the judgment execution requester can prove that he/she/it cannot request the judgment execution within the prescribed time limit due to an objective obstacle or a force majeure event, the duration in which such obstacle or event exists will not be included in the time limit for making a judgment execution request.

2. Within 5 working days after receiving the judgment creditor’s request, the court that has conducted the first-instance trial shall issue a decision compelling the execution of the administrative judgment. This decision shall be sent to the judgment debtor, judgment creditor, head of the immediate superior agency of the judgment debtor and same-level procuracy. The head of the immediate superior agency of the judgment debtor shall examine, urge, and determine responsibilities of, the judgment debtor in accordance with law. Such decision shall also be sent to the civil judgment enforcement agency of the locality where the court has conducted the first- instance trial for monitoring the execution of the administrative judgment under the court ruling.

3. The Government shall specify time limit, order and procedures for execution of administrative judgments and determination of responsibilities of persons who fail to execute court judgments or rulings.

Article 313. State management of execution of administrative judgments

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 on the execution of administrative judgments to the National Assembly.

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/ To promulgate or submit to competent agencies for promulgation legal documents on execution of administrative judgments;

b/ To ensure payrolls, physical facilities and equipment for the state management of the execution of administrative judgments;

c/ To guide, direct and provide professional training in the management of the execution of administrative judgments; to disseminate and educate about the law on execution of administrative judgments;

d/ To conduct examination and inspection, and settle complaints and denunciations about the management of the execution of administrative judgments;

dd/ To report on the execution of administrative judgments to the Government;

e/ To work out, and organize the implementation of, plans on statistics, monitoring and review of the execution of administrative judgments.

Article 314. Handling of violations in the execution of administrative judgments

1. Agencies, organizations and individuals that are obliged to execute court judgments or rulings or decisions compelling judgment execution but intentionally fail to execute them shall, on a case-by-case basis, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

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

Article 315. Supervision of the execution of court judgments and rulings

Procuracies shall supervise the law observance by the involved parties and agencies, organizations and individuals related to the execution of court judgments or rulings in order to ensure the timely, adequate and lawful execution.

Procuracies may propose agencies, organizations and individuals obliged to execute administrative judgments and immediate superior agencies and organizations of agencies and organizations obliged to execute court judgments and rulings to take measures to organize the strict execution of court judgments and rulings.