Consulting on amendments and supplements to the Law on Civil Judgment Enforcement

(Baonghean.vn) - On the afternoon of September 24, in Vinh City, the National Assembly Delegation of Nghe An Province organized a meeting to collect opinions on the draft Law amending and supplementing a number of articles of the Law on Civil Judgment Enforcement. Comrade Pham Van Tan - Provincial Party Committee member, Head of the National Assembly Delegation of the province chaired the meeting. Also attending were a number of National Assembly deputies and representatives of relevant departments and branches.

Comrade Pham Van Tan - Head of the Provincial National Assembly Delegation chaired the conference.

The Law on Civil Judgment Enforcement was first promulgated in 2008. Although it has only been in effect for 5 years, in practice, problems, inadequacies, and new related issues and regulations have arisen... After the 2013 Constitution was passed, it is very necessary to consider amending and supplementing this Law.

The Draft Law amending and supplementing a number of articles of the Law on Civil Judgment Enforcement has been commented on by the Standing Committee of the National Assembly. The most recent revision at the 7th session of the 13th National Assembly also commented on the draft amended Law, which includes 12 groups of issues, including adding 4 articles, amending 3 articles, and abolishing 4 articles...

Representative of the Provincial People's Court spoke

At the working session, representatives of the Provincial Court, the Provincial Civil Judgment Enforcement Department, the Provincial Procuracy, the Provincial Police and representatives of the Lawyers' Association and the Bar Association spoke up to propose supplementing the provisions on the parties, related rights and obligations and to have more rights for this subject in the direction of respecting the right to self-determination of the parties; including when implementing boldly allowing the subjects to negotiate, resolve themselves or choose, transfer to the Bailiff; the draft considers the Regional Military Court as an agency at the same level as the district-level civil judgment enforcement agency is not sufficient; it is necessary to supplement a number of councils such as the Competition Council of the Commercial Court, and should add time for voluntary execution of judgments...

Provincial Police representative commented on the time to prepare for enforcement of judgment.

In addition, based on the practice of enforcing civil cases in Nghe An, there are opinions that recently, some judgments have come into legal effect, the enforcement agency has completed the execution but the higher court has held a final appeal or retrial and declared it null and void. How will the assets that have been executed be handled, how will the enforcement officers be assigned, etc. The draft needs to provide clearer regulations to avoid conflicts with other regulations.

Concluding the working session, Comrade Pham Van Tan, Head of the Provincial National Assembly Delegation, highly appreciated the delegates' opinions as being of good quality and closely following reality; the above opinions will be received, synthesized and edited by the Provincial National Assembly Delegation Office for comments at the upcoming session of the National Assembly./.

News, photos:Phuong Ha