Chương I Nghị định 62/2015/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provide guidelines for some Articles of Law on Civil judgment enforcement No. 26/2008/QH12 dated November 14, 2008 and the Law No. 64/2014/QH13 dated on amendments to some Articles of the Law on Civil judgment enforcement on civil judgment enforcement procedures; the system of civil judgment enforcement authorities; junior enforcement officers, intermediate enforcement officers and senior enforcement officers (hereinafter referred to as “enforcement officers”); civil judgment enforcement inspectors, chief civil judgment enforcement inspectors and senior civil judgment enforcement inspectors (hereinafter referred to as “enforcement inspectors”); enforcement clerks; heads and deputies of civil judgment enforcement authorities; recruitment and designation of enforcement officers; equipment and benefits of enforcement officers, enforcement inspectors and other civil judgment enforcement officials.

Article 2. Regulated entities

This Decree applies to civil judgment enforcement authorities, civil judgment enforcement officials, organizations and individuals involved in civil judgment enforcement.

Article 3. Responsibility of the People’s Committees and relevant organizations for civil judgment enforcement

1. Within the scope of their competence prescribed by law, the People’s Committees and military headquarters shall cooperate and enable local civil judgment enforcement authorities to implement civil judgment enforcement laws; instruct relevant authorities to cooperate with civil judgment enforcement authorities in managing local civil judgment enforcement activities.

2. At the request of the Minister of Justice and the Prime Minister, establish civil judgment enforcement steering committees which provide guidance on major and/or complicated cases that affect social and political order or involve numerous organizations or administrative visions; the People’s Committees of provinces and districts at the request of heads of civil judgment enforcement authorities of the same provinces or districts shall establish civil judgment enforcement steering committees which assist Presidents of the People’s Committees in coordinating local authorities involved in civil judgment enforcement; resolve difficulties in cooperation; provide instructions on major and/or complicated cases that affect local social and political order.

The Ministry of Justice shall take charge and cooperate with the People’s Supreme Court, the People’s Supreme Procuracy, the Ministry of Public Security, the Ministry of Finance, Central Committee of Vietnamese Fatherland Front in provide instructions on operation of steering committees for civil judgment enforcement.

3. After 01 year from the effective date of a court judgment or court decision (hereinafter referred to as “judgment”), if the judgment creditor does not request enforcement of the judgment, the supervisory authority of the judgment creditor shall provide instructions on requesting enforcement.