DECISION

PROMULGATING REGULATIONS ON SUPERVISION OF CIVIL JUDGMENT ENFORCEMENT, ADMINISTRATIVE JUDGMENT ENFORCEMENT

THE CHIEF PROCURATOR OF THE SUPREME PEOPLE’S PROCURACY

Pursuant to the Law on Organization of the People’s Procuracy 2014;

Pursuant to the Law on Civil Judgment Enforcement (amended in 2014);

At the request of the Director of Department of Supervision of Civil Judgment Enforcement;

HEREBY DECIDES:

Article 1. Issue together with this Decision the Regulation on supervision of civil judgment enforcement, administrative judgment enforcement, superseding the Regulation on supervision of civil judgment enforcement issued together with Decision No. 255/2013/QD-VKSNDTC-V10 dated June 19, 2013 of the Chief Procurator of the People’s Supreme Procuracy.

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Article 3. The heads of units affiliated to the Supreme People’s Procuracy, Chief Procurators of the Superior People’s Procuracies, Chief Procurators of the People’s Procuracies in provinces and central-affiliated cities, Chief Procurators of the Central Military Procuracy shall implement this Decision./.

PP. THE CHIEF PROSECUTOR
DEPUTY CHIEF PROSECUTOR




Nguyen Thi Thuy Khiem

REGULATION

ON SUPERVISION OF CIVIL JUDGMENT ENFORCEMENT, ADMINISTRATIVE JUDGMENT ENFORCEMENT
(Issued herewith Decision No. 810/QD-VKSTC-V11 dated December 20, 2016 of the Chief Prosecutor of the Supreme People’s Procuracy)

Chapter I

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Article 1. Position of supervision of civil judgment enforcement, administrative judgment enforcement

Supervision of civil judgment enforcement, administrative judgment enforcement (hereinafter referred to as civil and administrative judgment enforcement) means one of tasks of procuratorial judicial activities of the People’s Procuracies in accordance with the Constitution and the Law on Organization of the People’s Procuracies 2014.

Article 2. Subject of supervision of civil and administrative judgment enforcement

Subject of supervision of civil and administrative judgment enforcement (hereinafter referred to as enforcement supervision) is the observance of the law of People’s Court, civil enforcement agencies, enforcers, bailiff offices, bailiffs; entities relevant to enforcement of court's judgment on civil, marriage and family, business, trade, labor and administrative matters; court’s decision on bankruptcy; foreign court’s judgment/decision recognized by the Vietnamese court and being executed in Vietnam; fines, confiscation of assets, collection of money and property claimed as unjust enrichment; decision on settlement of competitions cases made by council of competition case settlement in connection with property of judgment debtor; commercial or foreign arbitral award (hereinafter referred to as civil and administrative judgment which have legal effect or has not had legal effect but will be executed promptly as per the law; and the observance of the law of authorities in charge of settling claims about civil and administrative enforcement.

Article 3. Scope of enforcement supervision

When carrying out enforcement supervision, the People’s Procuracy shall supervise the observance of the law of courts, civil enforcement agencies, enforcers, entities relevant to civil judgment enforcement, bailiff offices and bailiffs from the effective date of the civil or administrative judgment until the completion of the execution; or when the claim about civil or administrative judgment enforcement is completely settled with justifiable grounds as per the law.

Article 4. Tasks and powers of the People’s Procuracy when carrying out enforcement supervision

1. When carrying out enforcement supervision, the People’s Procuracy shall base on regulations of the Law on Organization of the People’s Procuracy 2014, the amended Law on Civil Judgment Enforcement 2014 (hereinafter referred to as the Law on Civil Judgment Enforcement 2014); Criminal Code, the Criminal Procedure Code, the Civil Code, Civil Procedure Code 2015, the Law on Administrative Procedure 2015, the Law on Bankruptcy 2014, the Law on Land 2013, the Law on Housing 2015 and relevant law provisions as the legal basis for the supervision.

When supervising or evaluating the civil judgment enforcement happening at a certain time, the People’s Procuracy must base on legislative documents in force at that time and compare with other applicable legislative documents.

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2. When supervising the handling of complaints about civil or administrative judgment enforcement, the People’s Procuracy has tasks and powers prescribed in Article 30 of the Law on Organization of the People’s Procuracy 2014; Article 159 of the Law on Civil Judgment Enforcement 2014; Articles 315, 343 of the Law on Administrative Procedures 2015 and Regulations on reception of citizens, handling of complaints and supervision of handling of complaints in judicial activities, issued together with Decision No. 51/QD-VKSNDTC-V12 dated February 2, 2016 of Chief Procurator of the People’s Supreme Procuracy (hereinafter referred to as Regulation 51).

Chapter II

ENFORCEMENT SUPERVISION

Article 5. Supervising issuance and transfer of judgments; explanation, correction, modification; handling of claims against courts’ judgments

1. Supervise if the court issues and transfers the entire of a judgment or a part of judgment which is legally effective or not legally effective but to be executed instantly, a decision on application of temporary emergency measures to the civil enforcement agency, judgment creditor, judgment debtor (hereinafter referred to as litigants) in accordance with Articles 27, 28, 29 of the Law on Civil Judgment Enforcement 2014; Articles 139, 212, 214, 217, 268, 269, 315, 336, 350, 357, 484 and 485 of the Civil Procedure Code 2015; Articles 75, 196, 197, 244, 264, 279 and 286 of the Law on Administrative Procedures 2015; Articles 229, 254 and 288 of the Criminal Procedure Code 2003 (Articles 262, 395 and 403 of the Criminal Procedure Code 2015); supervise the transfer of reports on handover of property in seizure or exhibits and exhibits enclosed to the civil enforcement agency (if any); supervise if the court issues or transfers the judgment adequately, within the time limit and to the statutory entities.

2. Supervise if the court makes explanation, correction, modification and settle claims against judgment in accordance with Article 179 of the Law on Civil Judgment Enforcement 2014; Articles 268, 486 and 487 of the Civil Procedure Code 2015, Article 310 of the Law on Administrative Procedures 2015.

3. If the People’s Procuracy identifies that the court violates regulations on issuance or transfer of judgments to litigants and civil enforcement agencies or regulations on explanation, correction, modification of judgments, the People’s Procuracy shall request the court to fulfill their duties as per the law.

Article 6. Supervising receipt and refusal of requests for civil and administrative judgment enforcement

When supervising the receipt or refusal of a request for judgment enforcement, the People’s Procuracy shall supervise if the person who makes the request, the content of the request, procedures for submitting the request, the receipt or refusal of the civil enforcement agency are compliant with Article 31 of the Law on Civil Judgment Enforcement 2014; Article 4 of Government's Decree No. 62/2015/ND-CP dated July 18, 2015 on guidelines for the Law on Civil Judgment Enforcement (hereinafter referred to as Decree No. 62/2015/ND-CP).

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When supervising the process to make a decision on civil judgment enforcement or expedite the administrative judgment enforcement, the People’s Procuracy shall supervise:

1. if the arrangement of judgment enforcement before the civil enforcement agency makes a decision on judgment enforcement conforms to Article 5 of Decree No. 62/2015/ND-CP;

2. if the request for judgment enforcement is made within the time limit prescribed in Article 30 of the Law on Civil Judgment Enforcement and Article 4 of Decree No. 62/2015/ND-CP; if the enforcement agency complies with Clause 2 Article 6 and Clause 3 Article 7 of Decree No. 62/2015/ND-C when making a decision on judgment enforcement by themselves or upon others' requests and make a decision on judgment enforcement related to join rights or obligations  if the enforcement agency complies with Article 57 of the Law on Civil Judgment Enforcement 2014 when making a decision on judgment enforcement in case of entrustment, if the enforcement agency complies which Article 35 of the Law on Civil Judgment Enforcement 2014 when the superior enforcement agency takes up the case for further execution or the case involving foreign elements is executed, or if relevant entities comply with Article 54 of the Law on Civil Judgment Enforcement 2014 when transferring the judgment execution right or obligation;

3. if the basis for making a decision on judgment enforcement (such as a court’s decision to be executed or a request for judgment enforcement), authority, time limit and procedures for making a decision on judgment enforcement and the equivalence of content between the decision on judgment enforcement and the judgment to be executed conforms to Articles 23, 35, and 36 of the Law on Civil Judgment Enforcement 2014; Articles 6, 7 and 9 of Decree No. 62/2015/ND-CP; and

4. if the court issues a decision to compel the administrative judgment enforcement or the civil enforcement agency expedites the enforcement of a court’s administrative judgment in accordance with Article 312 of the Law on Administrative Procedures 2015.

Article 8. Supervising content of decisions on judgment enforcement, revocation, amendment and annulment of decisions on judgment enforcement; sending of decisions on or notices of judgment enforcement

1. After receiving a decision on judgment enforcement from a civil enforcement agency, the People’s Procuracy shall supervise whether the decision is legitimate and has justifiable basis. If the decision is considered illegitimate and has no justifiable basis, the People’s Procuracy shall request or appeal to the issuer in writing to revoke or amend such decision.

2. Supervise if the decision on judgment enforcement is revoked, amended or annulled in accordance with Article 37 of the Law on Civil Judgment Enforcement 2014.

3. Supervise if the decision on or notice of judgment enforcement is sent as prescribed in Articles 38, 39, 40, 41, 42 and 43 of the Law on Civil Judgment Enforcement 2014 and Article 12 of Decree No. 62/2015/ND-CP; ensure that every decision on judgment enforcement must be sent to the Procuracies and relevant entities as per the law.

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1. The People’s Procuracy shall supervise if the basis, authority, and performance of entrustment of the civil judgment enforcement conform to Articles 55, 56 and 57 of the Law on Civil Judgment Enforcement 2014, Article 16 and Clause 2 Article 35 of Decree No. 62/2015/ND-CP.

2. On receiving an entrustment decision from the civil enforcement agency, if the People’s Procuracy considers that it is illegitimate or has no justifiable basis, the People’s Procuracy shall request or appeal to the civil enforcement agency to revoke such an entrustment decision.

If the entrustment decision is legitimate and has justifiable basis, within 3 working days from the receipt date, the People’s Procuracy that receives the entrustment from the enforcement agency shall send a notice to the People’s Procuracy which initiates the entrustment.  Within 3 working days from the receipt date, the People’s Procuracy that initiates the entrustment shall send an acknowledgement of notice to the People’s Procuracy.

Article 10. Supervising verification of judgment debtor's financial capacity

When supervising the verification of the judgment debtor’s financial capacity, the People’s Procuracy shall supervise:

1. if the judgment debtor conforms to the time limit for voluntary judgment enforcement as prescribed in Clause 1 Article 45 of the Law on Civil Judgment Enforcement 2014; if the enforcer conforms to the time limit for verification as prescribed in Article 44 of the Law on Civil Judgment Enforcement 2014;

2. if documents representing actual verification of the judgment debtor’s financial capacity by the enforcers; methods and participants in the verification, and the verification report conform to Article 44 of the Law on Civil Judgment Enforcement 2014 and Article 9 of Decree No. 62/2015/ND-CP.

3. the verification result, clearly showing that whether the judgment debtor’s financial capacity satisfies the judgment debt; if the judgment debtor has property to satisfy the judgment debt, the property status and ownership and use must be specified; supervise if such property is transacted before or after the court issues the judgment or if the property is under dispute or held by a third party or put up as collateral for another civil transaction etc.

4. if the classification of whether the judgment debtor's financial capacity satisfies the judgment debt, power and basis for making a decision to confirm that the judgment debtor's financial capacity has not satisfied the judgment debt conform to Article 44a of the Law on Civil Judgment Enforcement 2014; Article 9 of Decree No. 62/2015/ND-CP; if the disclosure of the judgment debtor who has not financial capacity conform to Article 44a of the Law on Civil Judgment Enforcement 2014 and Article 11 of Decree No. 62/2015/ND-CP.

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Article 11. Supervising delay, suspension, resumption and termination of civil judgment enforcement

1. Supervise if the head of civil enforcement agency issues a decision on delay, suspension, resumption or termination of civil judgment enforcement in accordance with Articles 48, 49 and 50 of the Law on Civil Judgment Enforcement 2014; Article 332 and 354 of the Civil Procedure Code 2015; Clause 3 Article 5 and Article 14 of Decree No. 62/2015/ND-CP.

Supervise if the civil enforcement agency suspends or terminates the judgment enforcement after the court accepts or issues a decision on initiation of bankruptcy process or annul above decisions in accordance with Article 41 and Article 71 of the Law on Bankruptcy 2014 and Article 20 of this Regulation.

2. When supervising matters prescribed in Clause 1 hereof, the People’s Procuracy shall supervise the following matters: the power to make decision, legal basis, actual basis for making decisions; contents of decisions; compliance with time limit for delay, suspension, termination or resumption of judgment enforcement.

When detecting any decision which is illegitimate or has not basis, the People’s Procuracy shall request or appeal to the issuer in writing to revoke, amend or annul it as prescribed in Article 8 of this Regulation.

Article 12. Supervising transfer of judgment execution right or obligation

1. Supervise if the judgment execution right or obligation is transferred in accordance with the Civil Code, Article 54 of the Law on Civil Judgment Enforcement 2014, Article 15 of Decree No. 62/2015/ND-CP (transfer due to consolidation, acquisition; division; dissolution, bankruptcy or the judgment creditor or debtor's death).

The People’s Procuracy shall supervise the transfer of judgment execution right or obligation related to a debt purchase contract between a credit institution and VAMC based on Decree No. 53/2013/ND-CP dated May 18, 2013 on establishment, organization and operation of Asset Management Company of Vietnamese credit institutions and Decree No. 34/2015/ND-CP dated April on amendments to Decree No. 53/2013/ND-CP.

2. When supervising the transfer of judgment execution right or obligation, the People’s Procuracy has authority to request the civil enforcement agencies to verify and provide proof of verification or assign procurators to verify in person; perform other entitlements as per the law to ensure the legal transfer of judgment execution right or obligation.

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1. Supervise if the enforcer adopt security interests such as: freezing of account; lien on property or documents; suspension of registration, transfer or change in current conditions of property as prescribed in Articles 66, 67, 68 and 69 of the Law on Civil Judgment Enforcement 2014; Articles 13, 18, 19, 20 and 34 of Decree No. 62/2015/ND-CP.

2. When supervising the adoption of security interests for judgment enforcement, the People’s Procuracy shall supervise the power, basis, time limit and procedures for each security interest.

Article 14. Supervising enforcement actions taken

1. When supervising enforcement actions taken, the People’s Procuracy shall supervise the following matters:

- The power, basis, statutory entities, time limit and applied procedures for each enforcement action; plan for enforcement actions if forces must be mobilized;

- The estimates, provisional sums, payments, remission of enforcement action fees (as prescribed in Article 73 of the Law on Civil Judgment Enforcement 2014; Articles 43, 44 and 45 of Decree No. 62/2015/ND-CP);

- The maintenance of property related to judgment enforcement; determination, distribution of common property, property under dispute for judgment enforcement;

- The valuation or sale of property (as prescribed in Articles 98, 99, 101, 102, 103 and 104 of the Law on Civil Judgment Enforcement 2014; Articles 25, 26, 27, 30 and 31 of Decree No. 62/2015/ND-CP; Decree No. 17/2010/ND-CP dated March 4, 2010 on property auction);

- The collection and management of judgment enforcement fees; return of property and collection of judgment enforcement fees; amount, procedures for collection and payment, remission of judgment enforcement fees; cases of exemption for judgment enforcement fees as prescribed in Article 60 of the Law on Civil Judgment Enforcement 2014; Articles 46, 47 and 48 of Decree No. 62/2015/ND-CP; the payment and return of property related to judgment enforcement as prescribed in Article 47 of the Law on Civil Judgment Enforcement 2014, Article 49 of Decree No. 62/2015/ND-CP.

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When supervising the enforcement actions at the premises, the enforcer shall examine in advance documents relevant to the enforcement actions and report any violation to the head of the People’s Procuracy; and then if the enforcer detects any violation at the premises, he/she shall request the enforcement agency for correct the violation and report it to the head of the People’s Procuracy.

Whenever necessary to supervise valuation or auction of property, the People’s Procuracy has power to request the valuer and auction organizations or the civil enforcement agency to provide judgment enforcement dossier, valuation dossier or auction dossier for supervision.

3. When supervising enforcement actions to be taken, the People’s Procuracy shall supervise following:

a) Enforcement actions as to property being money: Deduction of money from accounts (as prescribed in Articles 76, 77 of the Law on Civil Judgment Enforcement 2014; Article 21 of Decree No. 62/2015/ND-CP); subtraction of incomes of judgment debtors (as prescribed in Article 78 of the Law on Civil Judgment Enforcement 2014); collection of money from business activities of judgment debtors (as prescribed in Article 79 of the Law on Civil Judgment Enforcement 2014; Article 22 of Decree No. 62/2015/ND-CP); collection of sums of money held by judgment debtors or third parties (as prescribed in Articles 80 and 81 of the Law on Civil Judgment Enforcement 2014; Article 23 of Decree No. 62/2015/ND-CP); distraint of contributed capital (in cash) as prescribed in Article 92 of the Law on Civil Judgment Enforcement 2014;

b) Enforcement actions as to property being valuable papers: Retention or sale of valuable papers (as prescribed in Articles 82, 83 of the Law on Civil Judgment Enforcement 2014, Article 18 of Decree No. 62/2015/ND-CP);

c) Enforcement actions as to property being intellectual property rights:  Distraint and use of intellectual property rights; valuation and auction of intellectual property rights (as prescribed in Articles 84, 85 and 86 of the Law on Civil Judgment Enforcement 2014, Articles 30, 31 of Decree No. 62/2015/ND-CP);

d) Enforcement actions as to property being objects:

- Procedures for distraint of property in general (taking account of property not being distrained, procedures for distraint of different kinds of property as prescribed in Article 87, 88 of the Law on Civil Judgment Enforcement 2014; Article 24 of Decree No. 62/2015/ND-CP);

- Distraint of property being land use right, property requiring ownership registration or secured transaction registration (as prescribed in Article 89 of the Law on Civil Judgment Enforcement 2014);

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- Distraint of property of the judgment debtor held by a third party (as prescribed in Article of the Law on Civil Judgment Enforcement 2014);

- Distraint of property under common ownership (as prescribed in Article 74 of the Law on Civil Judgment Enforcement 2014);

- Distraint of property being contributed capital (in kind) (as prescribed in Article 92 of the Law on Civil Judgment Enforcement 2014);

- Distraint of property locked or packed things (as prescribed in Article 93 of the Law on Civil Judgment Enforcement 2014);

- Distraint of property on land (as prescribed in Article 94 of the Law on Civil Judgment Enforcement 2014);

- Distraint of housing (as prescribed in Article 95 of the Law on Civil Judgment Enforcement 2014);

- Distraint of means of transport, yields (as prescribed in Articles 96, 97 of the Law on Civil Judgment Enforcement 2014);

When supervising distraint actions against property being things, the following matters must be supervised: distraint of property requiring registration of ownership or secured transactions (Article 89 of the Law on Civil Judgment Enforcement 2014); valuation and re-valuation of property being distrained (Article 98 and Article 99 of the Law on Civil Judgment Enforcement 2014); handover or sale of property being distrained (including auction); protection of buyer and receiver of property being auctioned; cancellation of auction result, dealing with property under an auction which has no participant or is not successful; distraint release; registration and assignment of right to own or right to use property; payment and return of property (as prescribed in Articles 100, 101, 102, 103, 104, 105 and 106 of the Law on Civil Judgment Enforcement 2014, Articles 27, 28 and 49 of Decree No. 62/2015/ND-CP);

dd) Distraint of property being land use right, taking account of land use rights which cannot be distrained, distraint procedures, temporary handover for management and use of land area being distrained; actions taken against property on land being distrained (as prescribed in Articles 89, 110, 111, 112 and 113 of the Law on Civil Judgment Enforcement 2014);

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g) Procedures for coercive return of objects; documents; land use rights; housing (as prescribed in Articles 114, 115, 116 and 117 of the Law on Civil Judgment Enforcement 2014);

h) Coercive performance of the obligation to do or not to do certain jobs (as prescribed in Articles 118, 119, 120 and 121 of the Law on Civil Judgment Enforcement 2014).

Article 15. Supervising application of provisional urgent measures of courts and commercial arbitrators

1. During settling a civil case or matter, an administrative case, or a request for initiation of bankruptcy process, the court has power, at their discretion or at the request of litigants, legal representative of litigants or relevant entities which file a lawsuit to protect legitimate rights and interests of others, to apply one or multiple provisional urgent measures as prescribed in Article 114 of the Civil Procedure Code 2015; Article 68 of the Law on Administrative Procedures 2015, Article 17 and Article 70 of the Law on Bankruptcy 2014. The decision on application, change, or cancellation of provisional urgent measures shall be made as prescribed in the Law on Civil Judgment Enforcement (in accordance with Article 142 of the Civil Procedure Code 2015; Article 70 of the Law on Bankruptcy 2014; Articles 130, 131, 132 and 133 of the Law on Civil Judgment Enforcement 2014).

While processing a lawsuit under commercial arbitration procedures, the commercial arbitrator has authority to apply provisional urgent measures as prescribed in Articles 8, 48, 49, 50, 51 and 53 of the Law on Commercial Arbitration 2010.

2. The People’s Procuracy shall supervise if civil enforcement agencies implement decisions on application of provisional urgent measures of courts and commercial arbitrators in accordance with the Law on Civil Judgment Enforcement (Articles 130, 131, 132 and 133 of the Law on Civil Judgment Enforcement 2014; Article 35 of Decree No. 62/2015/ND-CP).

Article 16. Supervising confiscation into the state budget; destruction of assets; refund of sums of money or return of assets which are distrained or seized under criminal judgments or rulings

1. Supervise handover and receipt of seized material evidence between presiding agencies and civil enforcement agencies (as prescribed in Article 122 and Article 123 of the Law on Civil Judgment Enforcement 2014); carefully supervising composition and receipt procedures; especially material evidence being sealed.

Supervise the preservation of material evidence, seized property (as prescribed in Decree No. 70/2013/ND-CP dated July 2, 2013 on amendments to the Regulation on management of material evidence issued together with Decree No. 18/2002/ND-CP dated February 18, 2002).

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3. Supervising destruction of material evidence and property (as prescribed in Article 125 of the Law on Civil Judgment Enforcement 2014; Article 33 of Decree No. 62/2015/ND-CP).

4. Supervising return of seized money and assets to involved parties (as prescribed in Article 126 of the Law on Civil Judgment Enforcement 2014).

Article 17. Supervising consideration of remission of judgment execution obligation remission regarding state budget remittances

1. Supervise the compliance with rules and conditions for judgment execution obligation remission regarding state budget remittances (hereinafter referred to as judgment execution obligation) as prescribed in Article 61 of the Law on Civil Judgment Enforcement 2014, Joint Circular No. 12/2015/TTLT-BTP-BTC-TANDTC-VKSNDTC dated September 15, 2015 on guidelines for remission of judgment execution obligation regarding state budget remittances (hereinafter referred to as Joint Circular No. 12/2015).

2. Supervise the compliance of civil enforcement agencies to verify and compile dossiers; power, procedures for considering judgment execution obligation remission  as prescribed in Articles 61, 62 and 63 of the Law on Civil Judgment Enforcement 2014; Article 488 of the Civil Procedure Code 2015.

If the civil enforcement agency fails to make a dossier although the judgment debtor meets all conditions for remission, the People’s Procuracy shall request the civil enforcement agency to make such a dossier. In case of remission of fines, a request must be sent to the civil enforcement agency as prescribed in Clause 1 Article 62 of the Law on Civil Judgment Enforcement 2014).

When supervising an application dossier for judgment execution obligation remission, the People’s Procuracy shall give opinions in writing. If a judgment is being enforced by a provincial civil enforcement agency, the provincial People’s Procuracy shall give opinions in writing and send it to the People’s Procuracy of district where the provincial civil enforcement agency is headquartered and then express verbal opinions in a meeting to consider judgment execution obligation remission. The written opinion is signed by the head of the People’s Procuracy. If the written opinion is signed by an authorized person, it must be approved by the head of the People’s Procuracy.

In case of considering remission of a fine prescribed in Clause 4 Article 61 of the Law on Civil Judgment Enforcement 2014, considering remission of remaining fine applicable to a minor as prescribed in the Criminal Code and the related judgment is being enforced by the provincial civil enforcement agency, the provincial People’s Procuracy shall request the provincial civil enforcement agency in writing to include the remission in the dossier; send the chief procurator of the People’s Procuracy of district where the provincial civil enforcement agency is headquartered to participate in a meeting to consider judgment enforcement remission (Article 488 of the Civil Procedure Code 2015, Article 63 of the Law on Civil Judgment Enforcement 2014).

3. Supervise the consideration of judgment execution obligation remission as prescribed in Article 63 and Article 64 of the Law on Civil Judgment Enforcement 2014; Article 9 and Article 10 of Joint Circular No. 12/2015.

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4. Supervise the implementation of the court’s decision on judgment execution obligation remission as prescribed in Article 11 of Joint Circular No. 12/2015.

Article 18. Supervising enforcement of civil judgment involved entities of which are prisoners

Supervise the compliance with law of civil enforcement agencies in cooperation with the prisons (criminal enforcement agencies), detention centers (agencies authorized to perform certain criminal judgment enforcement duties), the criminal enforcement agencies of police department of the district in performing civil rights and obligations  litigants (judgment debtor, judgment creditor) who are serving an imprisonment sentence in the prisons, detention centers, at police department of the district (hereinafter referred to as civil judgment enforcement relevant to prisoners) as prescribed in Article 128 and Article 129 of the Law on Civil Judgment Enforcement 2014; Article 16 and Article 17 of the Law on Criminal Judgment Enforcement.

Article 19. Supervising implementation of court’s cassation or re-opening judgment

1. Supervise the civil enforcement agency’s enforcement of the cassation or re-opening judgment in the following cases: (1) uphold legally effective judgment; uphold lawful judgment of the inferior court which is annulled or amended; (2) quash legally effective judgment and (3) modify legally effective judgment as prescribed in Articles 134, 135 and 136 of the Law on Civil Judgment Enforcement 2014; Article 343 and Article 347 of the Civil Procedure Code 2015; Article 36 of Decree No. 62/2015/ND-CP.

2. Supervise the civil enforcement agency’s implementation of regulations on procedures, notices of complete judgment enforcement sent to the court which makes the cassation or re-opening judgment; agreement or coercive return of property to the owner; reimbursement of property and compensation claims.

Article 20. Supervising implementation of bankruptcy decision

When supervising the implementation of a bankruptcy decision, the People’s Procuracy must supervise if the following regulations are complied with:

1. Security interests or enforcement actions taken by the civil enforcement agency to enforce the court's decision on adoption of provisional urgent measures while settling the bankruptcy case as prescribed in Article 17 and Article 70 of the Law on Bankruptcy 2014; Article 13 and Article 14 of this Regulation;

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2. The civil enforcement agency’s making of decision on temporary suspension of judgment enforcement (when the court accepts the bankruptcy case as prescribed in Article 137 of the Law on Civil Judgment Enforcement 2014, Article 41 of the Law on Bankruptcy 2014); making of decision on suspension of judgment enforcement (after the court issues a decision on initiation of bankruptcy process as prescribed in Article 137 of the Law on Civil Judgment Enforcement 2014, Article 71 of the Law on Bankruptcy 2014); decision on judgment enforcement, entrustment of judgment enforcement, notice sent to the bankruptcy court of judgment enforcement result; supervise the resumption of judgment enforcement in a case where the court issues a decision on suspension of bankruptcy process or business resumption;

3. Assigned enforcers opening accounts to deposit confiscated money of the insolvent entity; distributing the assets according to the decision of declaration of bankruptcy; taking account of repayment on special loans and sequence of distribution of assets of a bankrupt credit institution as prescribed in Articles 100 and 101 of the Law on Bankruptcy 2014; return of assets when credit institutions are declared bankrupt and assets are liquidated as prescribed in Article 102 of the Law on Bankruptcy 2014;

4. Enforcement of the asset confiscation and transfer the assets to the buyers in bankruptcy cases as prescribed in Article 120 of the Law on Bankruptcy 2014;

5. Civil enforcement agency’s liquidation of assets as prescribed in Clause 4 Article 121 of the Law on Bankruptcy 2014;

Civil enforcement agency’s implementation of the court’s decision on distribution of assets as prescribed in Article 127 of the Law on Bankruptcy 2014; enforcer’s implementation of the court’s decision on confiscation of assets in case of violation due to a civil transaction declared null and void as prescribed in Article 125 of the Law on Bankruptcy 2014.

Article 21. Supervising enforcement of commercial arbitral awards, foreign civil judgments and foreign arbitral awards recognized and permitted for enforcement in Vietnam by Vietnamese courts

1. Supervise enforcement of commercial arbitral awards as prescribed in the Law on Civil Judgment Enforcement 2014; Articles 8, 48, 49, 50, 51, 53, 62, 66 and 67 of the Law on Commercial Arbitration 2010.

2. Supervise if enforcement of foreign civil judgments and foreign arbitral awards recognized and permitted for enforcement in Vietnam by Vietnamese courts complies with Articles 427, 428, 429 and 431 of the Civil Procedure Code 2015 and the Law on Civil Judgment Enforcement 2014.

Article 22. Supervising financial assurance of judgment enforcement from the state budget

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2. When supervising the financial assurance of judgment enforcement from the state budget, the People’s Procuracy should carefully supervise eligible entities, conditions, competence and procedures for financial assurance of judgment enforcement.

Article 23. Supervising execution of court judgments in administrative cases

1. Supervise execution of court judgments in administrative cases in terms of property in administrative cases.

Rulings on assets in the court judgment or ruling shall be executed in accordance with the law on enforcement of civil judgments (Point h Clause 1 Article 311 of the Law on Administrative Procedures 2015).

When supervising this matter, the People’s Procuracy has powers and duties as the same as civil judgment enforcement as prescribed in Article 28 of the Law on Organization of the People’s Procuracy 2014. 

2. Supervise adherence to the law of litigants, entities relevant to the administrative judgment enforcement as prescribed in Article 311 of the Law on Administrative Procedures 2015.

3. Supervise the process that the court makes a decision on compulsion of execution of administrative judgment; decision on expedition of administrative judgment enforcement of the civil enforcement agency and responsibilities of the head of superior body of the judgment debtor to supervise and expedite the execution as prescribed in Article 312 of the Law on Administrative Procedures 2015.

When supervising the execution of the court’s administrative judgments according to Clause 2 and Clause 3 hereof, the People’s Procuracy shall have duties and entitlements prescribed in Article 315 of the Law on Administrative Procedures 2015.

Article 24. Supervising conclusion of judgment enforcement

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In exceptional circumstances, the People’s Procuracy shall request the civil enforcement agencies to provide a proof that litigants have completely performed their rights and obligations or a decision on judgment enforcement termination for supervision; and perform other entitlements as per the law.

Article 25. Supervising observance of the law of entities relevant to civil judgment enforcement

1. The People’s Procuracy shall supervise the observance of the law of entities relevant to civil judgment enforcement below:

- Valuation organizations, auction organizations prescribed in Clause 2 Article 14 of this Regulation;

- Authorities in charge of registration of transactions, right to ownership, right to use when performing tasks in conjunction with civil judgment enforcement;

- Other agencies relating to civil judgment enforcement.

2. When supervising observance of the law of entities related to civil judgment enforcement, the People’s Procuracy shall have duties and powers as prescribed in Clauses 2, 5, 6 and 7 Article 28 of the Law on Organization of the People’s Procuracy 2014.

A supervision visit to the premises of an entity relevant to civil judgment enforcement only is undertaken when there are grounds for presuming that such entity commits a serious violation pertaining to their operation.

Article 26. Supervising handling of complaints about judgment enforcement

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2. A civil judgment enforcement supervising unit may receive a claim or denunciation (hereinafter referred to as Claim) only when the Claim bears the acceptance stamp of the unit in charge of supervision and handling of claims in judicial activities (herein Unit 12) or the seal of the People’s Procuracy of district.

3. On receiving a Claim, the People’s Procuracy shall record it in the logbook and assign certain persons for examining.

Within 10 working days from receipt of the Claim, the assigned persons shall send a report on examining result to the superior person or the head of the People’s Procuracy (the head of Department). The report must specify: date of receipt; full name and address of claimant; claim contents; options for settling the Claim:

- Returning the Claim to the Unit 12 because it is beyond the acceptance authority of the People’s Procuracy; 

- Refer the Claim to an authority competent to handle claims and request this authority to notify the claimant and the People’s Procuracy of the processing result as per the law;

- Refer the Claim to the inferior People's Procuracy and request this Procuracy to supervise the civil or administrative judgment enforcement against which the Claim is made and the handling of the Claim, and then send a report on supervising result to the People's Procuracy. After receiving the report from the inferior People’s Procuracy, the People’s Procuracy from which the Claim is referred shall consider taking further actions.

- Request the civil enforcement agency against which the Claim is made to self-review their judgment enforcement, the handling of the Claim and notify the People's Procuracy of the result.

- Verify facts and documentation to clarify the judgment enforcement against which the Claim is made and the handling of the Claim.

- Request the claimant to provide additional documents deemed necessary; request the civil enforcement agency against which the Claim is made to provide the dossier of handling of the Complaint and the dossier of judgment enforcement for the People’s Procuracy for supervision in the following cases:

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+ When it deems necessary to supervise the dossier of civil or administrative judgment enforcement against which the Claim is made.

The skills to examine and supervise the dossier and make a conclusion of supervision shall comply with Article 31 of this Regulation.

3. Within 1 month after receiving the dossier of judgment enforcement and the dossier of handling of the Claim; the People's Procuracy shall assign certain persons to examine and then send a conclusion of supervision to the civil enforcement agency. The conclusion must specify that if the judgment enforcement in question violates the law; if the handling of the Claim complies with law; if the Claim is made in accordance with the law and has legitimate basis; request the defendant to withdraw lessons as to their violations or impose a discipline action against the defendant; refer the dossier to the Investigation Body of the Supreme People’s Procuracy for considering criminal liability (if any).

After making a conclusion, the People’s Procuracy shall send a notice of result to the claimant.

4. The head of the unit in charge of supervising civil or administrative judgment enforcement shall sign documents to return the Claim or refer Claim to other units because it is beyond authority of that unit; refer the Claim and request the authority in charge of handling of the Claim; refer the Claim and request the inferior People’s Procuracy to supervise the handling of the Claim and the  People’s Procuracy of district.

With regard to the People’s Procuracies of district and provinces, the head of the People’s Procuracy has authority to sign a document to request dossier of judgment enforcement related to the Claim; a conclusion after examining the dossier; a document to request the civil enforcement agency to self-review and report the judgment enforcement result and the handling of the Claim; a document to refer dossier to the Investigation Body of the Supreme People’s Procuracy to consider criminal liability; and a document to take actions against enforcers who commit violations.

With regard to the Supreme People’s Procuracy, the above documents shall be signed according to the designation of the Director of Department according to the Regulation on organization and operation of Department of Civil Judgment Enforcement Supervision. Particularly for a request for disciplinary actions against the enforcer, referral of Claim and supervision dossier to the Investigation Body of the Supreme People’s Procuracy for considering criminal liability, the Director shall report it to the head of the People's Procuracy before signing.

5. The supervision of the civil judgment enforcement dossier against which the Claim is made and the process of handling of the Claim by the civil enforcement agency at the premises of the civil enforcement agency shall comply with Article 32 of this Regulation.

Article 27. Supervising penalties for administrative violations in civil and administrative judgment enforcement

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2. When supervising the penalties for administrative violations in civil and administrative judgment enforcement, taking account of basis for determination of violations, powers and penalty levels; handling of complaints about penalties for administrative violations in civil and administrative judgment enforcement.

Article 28. Supervising activities of bailiffs and bailiff offices

When supervising activities of bailiffs and bailiff offices, the People’s Procuracy have duties and powers to supervise the observance of the law of bailiffs in performing tasks prescribed in Decree No. 61/2009/ND-CP dated July 24, 2009 and Decree No. 135/2013/ND-CP dated October 18, 2013 on amendments to Decree No. 61/2009/ND-CP; Joint Circular No. 03/2014 dated January 17, 2014 between the Ministry of Justice and the State Bank of Vietnam on “Guidelines for verification of enforcement conditions of bailiffs at credit institutions”; Joint Circular No. 09/2014 dated February 28, 2014 of the Ministry of Justice, the Supreme People’s Court, the Supreme People’s Procuracy and the Ministry of Finance on “Guidelines for pilot implementation of bailiff institution as prescribed in Resolution No. 36/2012 dated November 23, 2012 of the National Assembly”; Guidance No. 03/HD-VKSNDTC-V10 dated January 7, 2014 of the Supreme People’s Procuracy on “Guidelines for supervision of activities of bailiff offices".

Chapter III

METHODS OF ENFORCEMENT SUPERVISION

Article 29. Preparing records, dossiers and using forms for enforcement supervision

1. When supervising civil and administrative judgment enforcement, the People’s Procuracy must prepare a system of records and prepare dossiers of enforcement supervision.

2. The system of records includes: a logbook to supervise the receipt and processing of decisions on judgment enforcement; a logbook to supervise the handling of claims about judgment enforcement; a journal of procuracy inspectorate etc. The People’s Procuracy may open other intensive logbooks as follows:  a logbook to supervise the application of measures to ensure execution of judgments; a logbook to supervise the application of enforcement actions; a logbook to supervise cases eligible for judgment execution obligation remission; a logbook to supervise cases in which judgment debtor's financial capacity is not satisfied; a logbook to supervise delay and suspension of judgment enforcement etc.

All received and sent documents must be registered in the record books as prescribed.

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In a supervision dossier, the following documents must be kept: The court’s judgment to be executed; decisions on judgment enforcement sent by civil enforcement agencies or collected by the People’s Procuracy; records of operation of procurators; written direction of the head of the People’s Procuracy at the same level or superior level and relevant documents.

Each document in the supervision dossier is assigned a file number; and kept as prescribed by the People's Procuracy. The supervision dossier shall be handed over as prescribed. If a procurator in charge of the case is transferred to another workplace, takes statutory leave or is replaced with another procurator, the transfer procedures must be conformable with the law and the People’s Procuracy’s regulations.

4. When supervising civil judgment enforcement, the People’s Procuracy must use the forms for enforcement supervision promulgated by the Chief Procurator of the People’s Supreme Procuracy.

Article 30. Supervision of decisions on civil and administrative judgment enforcement

1. Decisions on civil and administrative judgment enforcement shall be sent to the People's Procuracy at the same level as prescribed in Article 38 of the Law on Civil Judgment Enforcement 2014. The People’s Procuracy has authority to request the enforcers, the same-level and inferior civil enforcement agencies to send decisions on judgment enforcement and relevant documents for supervision purpose (Article 28 of the Law on Organization of the People’s Procuracy 2014, Article 12 of the Law on Civil Judgment Enforcement 2014).

2. On receiving decisions on judgment enforcement, the People’s Procuracy shall record it in the logbook and assign certain procurators for examining. The assigned person shall examine if decisions comply with laws and regulations, study contents such as power, time limit, procedures for issuance of decisions, time limit for sending decisions to the People’s Procuracy; examine if the content of decisions are conformable with the court’s judgment and in accordance with laws and regulations on civil judgment enforcement.

If the People’s Procuracy considers that a decision on judgment enforcement violates the law, the assigned person shall specify the violation in the supervision note and suggest actions against violation.

Actions against decisions on judgment enforcement that violate the law shall be taken in accordance with Article 8 of this Regulation.

Article 31. Supervision of dossiers of civil and administrative judgment enforcement

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The handover and receipt of the dossier of civil and administrative judgment enforcement must be recorded; quantity, order of file number and appropriateness of documents in the dossier must be checked carefully and the record must bear signatures of the both parties. If the dossier is sent to the People’s Procuracy by post, upon receiving, the People’s Procuracy must make a record to have documents in the dossier numbered; the record must bear signatures of the recipient and the assigned person.

2. When examining the dossier, the assigned person must clarify the following:

- Content of the judgment to be executed;

- Examine if the decision on judgment enforcement therein conforms to the judgment to be executed and in accordance with laws and regulations on civil judgment enforcement;

- Examine if procedures for judgment enforcement comply with laws and regulations;

- If grounds for making the decision on judgment enforcement  and performing judgment enforcement activities are justifiable;

- Examine if there is any violation of law during the judgment enforcement process. Content and extent of violation; remedial measures, actions against violation and violating entities.

3. When supervising the dossier of judgment enforcement, if detecting any violation of law, the procurator shall make a supervision note using the given form; clarify all violations and viewpoint of the procurator on the remedial measures, then notify the enforcer in charge (or another official in charge) of the content of the supervision note; state opinions of the enforcer or official in charge; report the supervision result and suggestion of actions against violation to the inspectorate head; send the report to the official who deal with paperwork of the inspectorate so as to prepare the conclusion.

When supervising a dossier of judgment enforcement or handling of complaints required by the People’s Procuracy, Clause 3 Article 26 of this Regulation shall apply.

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Article 32. Supervision visit to premises of civil enforcement agencies, relevant entities

1. The People’s Procuracy shall undertake a supervision visit to the premises of same-level and inferior civil enforcement agencies, enforcers, and entities relevant to civil judgment enforcement as prescribed in Article 28 and Article 30 of the Law on Organization of the People’s Procuracy 2014; Article 12 and Article 159 of the Law on Civil Judgment Enforcement 2014.

2. The People’s Procuracy shall, based on Directives of Chief Procurator of the People’s Supreme Procuracy; operation plans and programs of superior People's Procuracy and theirs, undertake regular supervision visits to the premises of civil enforcement agencies and relevant entities. The content scope of regular supervision visit may be comprehensive supervision of civil judgment enforcement or key matters in civil judgment enforcement.

The People’s Procuracy shall undertake a surprise supervision visit at the request of Party executive committee or People’s Council, or there are justifiable grounds for determining serious violations of law in civil judgment enforcement.

3. Before undertaking a supervision visit, the head of the People’s Procuracy shall promulgate a decision, stating whether it is a regular or surprise supervision visit; name of the supervised entity; point of time and period of time for supervision; key matters to be supervised; composition of the inspectorate, specifying the head, deputy head and members. When undertaking a supervision visit to the inferior civil enforcement agency, procurators of the inferior civil enforcement agency may be mobilized when necessary.  The decision shall be made using the form as prescribed.

The head of inspectorate must make a plan, at least containing: Purposes and requirements; matters to be supervised; methods; responsibilities of supervised entity. The plan must be submitted together with the decision to the head of People’s Procuracy for signing, the head of inspectorate shall sign the decision after the head of the People’s Procuracy signs it. At the Supreme People’s Procuracy, the plan shall be reported to the Director of Department for the head of the People’s Procuracy to approve it; the head of inspectorate shall sign the decision after the head of the People’s Procuracy signs it.

The decision and plan must be sent to the supervised entity at least 15 days before the supervision date (except for surprise supervision) and sent to the superior People's Procuracy, governing body of the supervised entity for cooperation.

During the supervision, the People’s Procuracy may request the supervised entity to provide dossier of handling of complaints about civil judgment enforcement.

4. Procedures to supervise at the premises of civil enforcement agencies and relevant entities:

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b) Supervise the following matters in the plan. During the supervision, members of inspectorate shall, through the head of inspectorate, require dossier of judgment enforcement; reports and documents on judgment enforcement; question related entities, request related entities to give explanation; conduct verification at relevant entities such as State Treasury, banks, storage of material evidence and property associated with judgment enforcement; other entities. When all matters are completely supervised, a supervision note or record shall be made, indicating opinions of the inspectorate members, enforcers and officials in charge of judgment enforcement, bearing signatures of representatives of the supervised and supervising entities. After completion, inspectorate members shall report the result to the head for preparing a draft conclusion. The handover or receipt of the dossier of judgment enforcement and documents on judgment enforcement shall be conformable with law and Clause 1 Article 31 of this Regulation;

c) Whenever necessary to expand the content scope or extend the supervision time limit as compared with the approved plan, the head of inspectorate shall report the head of the People’s Procuracy for approval and issue a decision on extension of time limit or expansion of scope;

d) The assigned person shall consolidate supervision results from members to prepare and send a draft conclusion to the head of inspectorate for consideration. The conclusion shall be made according to the given form; indicating the supervision process, completed tasks; achievements and limitations, violations in civil judgment enforcement or handling of complaints about civil judgment enforcement; requests made to eliminate limitations and correct violations; actions against liability of individuals. Any violation must accompany with sufficient items of evidence, legal grounds for the conclusion;

dd) Announcing the draft conclusion. The announcement meeting shall be attended by leaders of the People’s Procuracies and/or governing body of the supervised entity depending on the supervision scope and result, the nature and extent of violation. The head of inspectorate shall receive opinions at the announcement meeting; sign and take responsibility for the conclusion.

e) If any serious violation is found during the supervision that needs a discipline action or prosecution of criminal liability, the head of inspectorate shall report the head of the People’s Procuracy (or the Director of Department at the Supreme People’s Procuracy) before sign the conclusion.

g) If any violation in judgment enforcement or handling of complaints is found during the supervision, the People’s Procuracy shall, depending on nature and severity of the violation, file a petition or appeal to correct the violation or adopt preventive measure as prescribed. The appeal or petition shall be signed as prescribed in Article 34 and Article 35 of this Regulation.

5. After supervision, when necessary, the People’s Procuracy shall issue a notice of lessons learned in terms of types of violations in civil judgment enforcement, awareness and application of laws and regulations, and supervision skills to inferior People’s Procuracies and superior People's Procuracies.

If the People’s Procuracy deems it is necessary to prevent types of violations found during supervision, the People’s Procuracy shall request inferior civil enforcement agencies to self-review their judgment enforcement and report it. Such a request shall be made as prescribed in Clause 2 Article 33 of this Regulation.

6. Conduct secondary check of execution of any request in the conclusion. At the Supreme People’s Procuracy, 1 year after completion of the supervision, the Department of Civil Judgment Enforcement Supervision shall conduct secondary check of execution of the conclusion.

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7. All documents related to the supervision process and supervision of execution of the conclusion in the supervision dossier must be kept adequately. The supervision dossier shall be maintained and processed as prescribed in laws and regulations and the People’s Procuracy’s regulations.

8. The supervision visit to civil enforcement agencies shall be recorded in the journal of the inspectorate. The journal of the inspectorate shall be made according to the form promulgated by the Supreme People’s Procuracy. The head of inspectorate shall manage the journal and update daily records of tasks performed by the inspectorate, requests of the supervised entity; difficulties arising during the supervision, and then bear his/her signature herein. The journal of inspectorate shall be kept in the supervision dossier.

Article 33. Performing the right to request

1. The People’s Procuracy has the right to request courts, same-level or inferior civil enforcement agencies, enforcers, entities relevant to civil judgment enforcement and handling of complaints about civil judgment enforcement, bailiffs to perform tasks prescribed in Clause 6 Article 28 and Clause 2 Article 30 of the Law on Organization of the People’s Procuracy 2014; Point b Clause 2 Article 12 of the Law on Civil Judgment Enforcement 2014.

When performing the right to “request judgment enforcement as per the law” (Point 6.1 Article 28 of the Law on Organization of the People’s Procuracy 2014), subject to regulations on tasks that the recipient of the request must perform, the People’s Procuracy shall make such a request, such requesting civil enforcement agencies to consider delay or suspension of judgment enforcement etc.

2. The request shall be made according to the given form, signed by the head of the People’s Procuracy or Department. The request must specify the reason for request; name of the request recipient; content of request, performance period and deadline for reply.

3. The request for dossiers of handling of complaints or material evidence related to judgment enforcement shall be made as prescribed in Article 26 and Article 32 of this Regulation.

Article 34. Performing the right to appeal

1. The People’s Procuracy shall perform the right to appeal a decision or an act of the head, enforcer of same-level or inferior civil enforcement agency, bailiff when there is any serious violation prejudicing the rights and legitimate interests of litigants, person with relevant rights and obligations in civil judgment enforcement and handling of complaints, requesting termination of judgment enforcement, revocation, amendment or annulment of violating decisions and termination of violating acts as prescribed in Article 28 and Article 30 of the Law on Organization of the People’s Procuracy 2014, Article 12 and Article 160 of the Law on Civil Judgment Enforcement 2014;

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The appeal shall be sent the appealed entities, their governing bodies and the superior People's Procuracy.

3. The appealing People’s Procuracy shall monitor the reply and implementation of appeal as prescribed in Article 161 of the Law on Civil Judgment Enforcement 2014. The secondary check of implementation of requests in the appeal, when necessary, may be secondarily checked or via regular supervision visit to the premises.

4. If the appealed entity disagrees with the appeal, the appealing People’s Procuracy must report the superior People's Procuracy (including the case that the superior People's Procuracy appeals the act or decision of inferior civil enforcement agency), with enclosed documents. The report must clarify the case, opinions of the People’s Procuracy in terms of appeal and disagreement of the appealed entity.

After receiving the report and enclosed documents from the inferior People’s Procuracy and the report of appealed inferior civil enforcement agency, the superior People's Procuracy shall verify it and give a reply within 15 working days. If agreeing with the appeal of the inferior People’s Procuracy, the People’s Procuracy shall clearly give their opinions. If disagree partly or wholly with the appeal of inferior People’s Procuracy, the People’s Procuracy shall clearly give their opinions, and request the inferior People’s Procuracy to withdraw or amend the appeal or issue a decision to withdraw a part or the whole of the appeal.

If considering that the reply of the head of provincial civil enforcement agency or the head of civil judgment enforcement authority affiliated to the Ministry of Justice is ungrounded, in contravention of the opinions, the provincial People’s Procuracy shall report it to the Department of Civil Judgment Enforcement Supervision for forwarding it to the Supreme People’s Procuracy. If considering that the appeal is well-grounded and legitimate, the head of the Supreme People’s Procuracy shall request the head of the Ministry of Justice to re-consider the reply of the head of civil judgment enforcement authority affiliated to the Ministry of Justice.

5. An appeal against the court’s decision on judgment execution obligation remission shall be made as prescribed in Article 64 of the Law on Civil Judgment Enforcement 2014, Article 36 of this Regulation according to the form promulgated by the Chief Procurator of the Supreme People’s Procuracy.

Article 35. Performing the right to petition

1. The People’s Procuracy shall petition the court, same-level or inferior civil enforcement agency, enforcer, bailiff or relevant entity to fulfill responsibilities in civil and administrative judgment enforcement and handling of complaints as prescribed in Article 28 and Article 30 of the Law on Organization of the People’s Procuracy 2014; Article 12 and Article 159 of the Law on Civil Judgment Enforcement 2014; Article 315 of the Law on Administrative Procedures 2015.

2. The People’s Procuracy shall make a petition upon identifying a misdemeanor, repeated violation or serious violation but expiry of appeal time limit. The petition shall be made according to the form as prescribed, signed by head of the People’s Procuracy. The petition shall specify the name of workplace, position and title of respondent of petition; claimed violation; reasons and conditions for arising violation; request for remedial measures and prevention. Any violation must accompany with sufficient items of evidence and legal bases.

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If the respondent of petition disagrees with the petition, Clause 4 Article 34 of this Regulation shall apply.

3. The People’s Procuracy which file the petition shall monitor and conduct secondary check of the implementation of the petition as prescribed in Clause 3 Article 34 of this Regulation.

Article 36. Performing the right to join and express opinions at the meeting to consider judgment execution obligation remission

1. The People’s Procuracy shall perform the right to join and express opinions in a meeting to consider judgment execution obligation remission as prescribed in Articles 61, 62, 63 and 64 of the Law on Civil Judgment Enforcement 2014; Article 9 and Article 10 of Joint Circular No. 12/2015/TTLT-BTP-TANDTC-VKSNDTC dated September 15, 2015;

2. If considering that the judgment debtor is eligible for judgment execution obligation remission (including remission of the fine), the People’s Procuracy shall make and send a request to the competent civil enforcement agency for preparing an application. An application for remission shall be made according to the prescribed form, specifying the beneficiary, conditions and remission level.

3. The assigned procurator shall prepare a document on opinions of the People’s Procuracy about the application and then submit it to head of the People’s Procuracy for approval. The document shall clearly express the consent or dissent and indicating legal basis for these opinions. The procurator shall join the meeting and express opinions of the People's Procuracy verbally about the application.

4. After the meeting, the procurator shall report the head of the People’s Procuracy the result, request appeal under appellate trial against the court’s decision which is ungrounded and against the law as prescribed in Article 64 of the Law on Civil Judgment Enforcement 2014; the superior People's Procuracy has authority to appeal under appellate trial against the decision on consideration of judgment execution obligation remission made by the inferior court. The appeal under appellate trial must be made within the time limit as prescribed in Article 64 of the Law on Civil Judgment Enforcement 2014.

The decision on appeal shall be made according to the prescribed form; stating date of appeal; number, date and name of the court which issued the decision against which the appeal is made; the court’s violation in considering remission; the People's Procuracy opinions referred to the appellate trial court. The decision on appeal shall be signed by head of the People’s Procuracy, sent to the court which issued the decision against which the appeal is made and sent to the superior People's Procuracy.

Before or at the meeting, the People’s Procuracy which makes the appeal and any procurator participating in the meeting has the right to withdraw a part or the whole of appeal; the procurator shall take responsibility for their appeal. After the meeting, the procurator shall report the meeting result to the head of the People’s Procuracy.

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1. If the supervising unit detects any sign of offence during enforcement supervision and handling of complaints, it shall report it to the Investigation Body of the Supreme People’s Procuracy for consideration in accordance with regulations of the People’s Procuracy’s on receipt and handling of denunciation of offence and request prosecution within competence of the Investigation Body of the Supreme People’s Procuracy.

2. The request sent to the Investigation Body of the Supreme People’s Procuracy must state the judgment under ongoing enforcement showing sign of offence, suspicious offender, opinions. The request is signed by the head of the People’s Procuracy. At the Supreme People’s Procuracy, such a request shall be signed by Director of Department of Civil Judgment Enforcement Supervision after reporting it to the head of the Supreme People’s Procuracy. Documentation related to judgment enforcement showing sign of offence shall be sent together with the request.

3. The People's Procuracy (or entity) making the request shall monitor the processing result given by the Investigation Body for further supervision as per the law.

Chapter IV

WORKING RELATIONSHIP

Article 38. Leader relationship and management of enforcement supervision

1. The Chief Procurator of the Supreme People’s Procuracy shall assign a Deputy Chief Procurator to direct enforcement supervision. The Chief Procurator of the People’s Procuracy of province and district shall take charge or assign a Deputy Chief Procurator to take charge of enforcement supervision. The People’s Procuracy of district shall assign procurators to take charge of enforcement supervision.

2. The Director of Department of Civil Judgment Enforcement Supervision, the Chief of Office of Civil Judgment Enforcement Supervision of the People’s Procuracy of province (hereinafter referred to as head of supervising unit) shall manage and take charge of enforcement supervision as per the law, this Regulation, regulations on organization and operation of the unit and regulations of the People’s Procuracy.

3. Procurators of the Supreme People’s Procuracy, high-ranking, middle-ranking and low-ranking procurators and other public employees who take charge of enforcement supervision as per the law and under assignment of the heads of supervising units and the head of the People’s Procuracy based on regulations of the People’s Procuracy and regulations on organization and operation of the unit.

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4. If the public employee and the manager have a divergence of opinion, they shall report it to leader for consideration.

The report must be made in writing. The report sent to the superior People's Procuracy must be signed by head of the People’s Procuracy. A request for instructions or reply thereto must be kept adequately.

Article 39. Relations between supervising units and other units in the People’s Procuracy

When carrying out the enforcement supervision, procurators, public employees shall regularly cooperate with units in the People’s Procuracy, with procurators in performing other tasks to ensure effectiveness of enforcement supervision.

2. The People’s Procuracy of districts, offices and specialized units of the People’s Procuracy of province, on receiving legally effective court’s judgments; decisions on judgment enforcement of civil enforcement agencies shall forward (or copy and forward) them to units or procurators taking charge of enforcement supervision.

3. If the supervising unit detects serious violation in a court's judgment that is effective, it shall report it to the competent People’s Procuracy (the Superior People’s Procuracy, Department 7, 9, 10 of the Supreme People’s Procuracy) in order to request the appeal under cassation procedure or reopening procedure.

Upon a request for delay of judgment enforcement, an appeal under cassation procedure or reopening procedure or a decision on suspension of judgment enforcement (including the case not requested by the supervising unit), the entity making such decision shall send it to the supervising unit.

4. Procurators in charge of supervision of civil and administrative judgment enforcement shall cooperate with supervising units of criminal judgment enforcement shall, under designation of head of the People’s Procuracy, supervise the civil judgment enforcement against the judgment debtors and judgment creditors who are prisoners carried out by the prison, detention center, criminal enforcement agency of police department of the district.

5. The supervising unit shall cooperate with the Investigation Body of the Supreme People’s Procuracy in detecting and provide information about offence in civil or administrative judgment enforcement; in handling of complaints; request the Investigation Body to impose criminal prosecution against offenders.

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Article 40. Reporting, request for instructions and reply to the request

1. Supervising units and officials shall comply with reporting and statistical regulations as prescribed in regulations of the People’s Procuracy; statistical reports of interdisciplinary.

2. Difficulties arising during enforcement supervision shall be requested for instructions to superior People’s Procuracy. A request for instructions must be enclosed with related documentation. A request for instructions shall be signed by the head of the People’s Procuracy, specifying the case, difficulties and opinions of the People's Procuracy making the request.

3. The superior supervising unit shall carefully examine the request and enclosed documentation. Within the time limit prescribed in the regulation on reporting and management in the People's Procuracy, the superior People's Procuracy shall make a reply to the request. The reply must clearly state opinions, grounds and legal basis for these opinions. If the reply cannot be made within the time limit, the recipient of the request shall be informed.

The reply to the request associated with practices shall be signed by the head of the supervising unit; the reply to the request associated with guidelines for judgment enforcement shall be signed by the head of the People’s Procuracy. The inferior People’s Procuracy shall strictly follow the reply of the superior People's Procuracy. If disagreeing partly or wholly with the reply, it shall express opinions and reasons for disagreement to the superior People's Procuracy for consideration.

Article 41. Inspection regime

1. Monthly, the supervising unit shall self-inspect their progress to perform tasks set in the working plan or program; compare them with targets, find limitations and reasons thereof; propose measures for completing the relevant duties.

2. Annually, the superior People's Procuracy shall initiate regular plans to supervise enforcement conducted by the inferior People’s Procuracy. After inspection, the People’s Procuracy shall evaluate achievements and limitations of enforcement supervision; reasons for these achievements and limitations to give directions to inspected entities and the entire People’s Procuracy. Surprise inspection may be undertaken when necessary.

3. The inspection process shall be carried out in accordance with regulations of the People’s Procuracy in terms of inspection; promulgate decisions on inspection and establishment of inspectorates, preparation of inspection plans, specifying matters to be inspected and time.  During the inspection, the inspectorate must work with relevant entities to evaluate the enforcement supervision of the inspected entity. Upon completion of inspection, a conclusion of inspection shall be issued and announced. After inspecting every unit and after the inspection and as deemed necessary, the superior People's Procuracy shall issue a notice of lessons learned for the entire People’s Procuracy.

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1. Procurators and officials who take charge of enforcement supervision shall keep the relevant cases confidential. Any information about the enforcement supervision shall obtain the consent of the head of the People’s Procuracy or unit head before being provided. The directions of the head of the People’s Procuracy or unit head must be kept confidential, not being provided for non-authorized persons. Directions in terms of guidelines and practices of the superior People's Procuracy shall be kept in the supervision dossier, not the dossier of judgment enforcement. The provision of documents and reporting to Party executive committees and People’s Councils shall be decided by the Chief Procurator.

2. Officials assigned to handle a civil or administrative case may not receive litigants outside the head office.

3. Documentation of enforcement supervision must be closely kept; prevented from being stolen or lost. Any documentation brought out of the head office must obtain the consent of the head of the supervising unit or the head of the People’s Procuracy. Any official working overtime out of the head office must comply with regulations of the head of the People’s Procuracy.

Article 43. Interdisciplinary cooperation

1. The method of interdisciplinary cooperation shall be conformable with Regulation No. 14/2013/QCLN/BTP-BCA-TANDTC-VKSNDTC dated October 9, 2013 on interdisciplinary cooperation in civil judgment enforcement; interdisciplinary regulations that the People’s Procuracy (or supervising unit) signs with other authorities.

2. Through annual meetings between the heads of the Ministry of Justice, the Supreme People’s Procuracy, the Supreme People’s Court to withdraw lessons, discuss remedial measures, reach a consensus on judgment enforcement directions; meetings between General Department of Civil Judgment Enforcement affiliated to the Ministry of Justice, Department of Civil Judgment Enforcement Supervision, the Supreme People’s Court; between local People’s Procuracies, People’s Courts and civil enforcement agencies in order to reach mutual consent of difficulties in awareness and application of law and handling of civil judgment enforcement in difficulties;

Hold irregular meetings to reach mutual consent of handling of civil judgment enforcement posing different opinions; or complicated and prolonged cases, triggering public concerns or other necessary work.

3. Decisions on enforcement supervision shall be sent to governing bodies for direction to inferiors; when necessary, interdisciplinary inspectorates shall be established to inspect enforcement supervision and judgment enforcement.

Chapter V

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Article 44. Implementation

1. The heads of units affiliated to the Supreme People’s Procuracy, Chief Procurator of Superior People’s Procuracy, Chief Procurators of People's Procuracy of central-affiliated cities and provinces shall have procurators and officials in the unit and inferior unit heighten their awareness of this Regulation. According to this Regulation, the People’s Procuracies shall focus on formulation of their regulations on organization and operation or those of supervising units; focus on formulation of interdisciplinary regulations between the People’s Procuracies or supervising units.

2. The difficulties that arise during the implementation of this Regulation must be reported to the head of the Supreme People’s Procuracy via Department of Civil Judgment Enforcement Supervision for consolidation or amendments.

3. In consideration of organizational structure and operation of Military Procuracies and implementation of enforcement supervision in the system of military procuracies, the Central Military Procuracy shall provide guidelines for this Regulation.

Article 45. Entry in force

This Regulation comes into force from the date on which the Supreme People’s Procuracy signs the decision on promulgation and replacement of Regulation on supervision of civil judgment enforcement issued together with Decision No. 255/2013/QD-VKSNDTC-V10 dated June 19, 2013 of the Chief Procurator of the People’s Supreme Procuracy.

Quyết định 810/QĐ-VKSTC năm 2016 Quy chế công tác Kiểm sát thi hành án dân sự, thi hành án hành chính do Viện trưởng Viện kiểm sát nhân dân tối cao ban hành