Mobilizing and persuading the litigant: An effective way to execute the judgment!

(Baonghean) -In civil enforcement, propaganda and persuasion work to persuade litigants to voluntarily enforce judgments is not a mandatory procedure, but in reality, this has been effective and has been given attention by enforcement agencies, especially in cases with many complicated details.

Nghi Loc Judgment Enforcement Office met to discuss a plan to persuade and enforce the judgment.

Among the cases handled in the past, the officers of the Nghi Loc District Judgment Enforcement Office remember the divorce case between Mr. H and Ms. C in Nghi Kieu Commune the most. According to the court's verdict, after the divorce, Mr. H had to divide the property with Ms. C 150 million VND, but Mr. H did not voluntarily comply, and even went to work far away, causing difficulties in his work.execution.

Undaunted, the Nghi Loc District Civil Judgment Enforcement Office contacted and asked the Hanoi City Police to verify the workplace, and at the same time sent a summons, requesting the agency to let Mr. H come back to resolve the matter. After many times of perseverance, Mr. H complied and appeared at the locality, the enforcement officers and officersexecutionpersistently campaign, persuade, and analyze to make Mr. H see the good and the right things. Next, the agencyexecutioncoordinated with the local authorities, invited all mass organizations, and Mr. H and his wife to discuss solutions. After Mr. H proposed his own solution, the agencyexecutionalso proposed a reasonable solution, making Mr. H clearly realize his responsibilities and obligations and voluntarily wrote a letter to hand over the residential land to his wife, equivalent to the amount of property Ms. C received after the divorce, worth 150 million VND. Recently, when meeting us, Ms. C said: It is not always possible to apply strong measures, but it is the emotional and reasonable persuasion and advocacy measures of the enforcement officers that have resolved the tension of my family satisfactorily.

At the Provincial Judgment Enforcement Department, the work of mobilizing, educating and persuading people to voluntarily execute judgments is always a continuous activity in the process of resolving cases.execution, even when the enforcement officer has issued a decision to enforce. Ms. Le Thi Hai - Enforcement Officer of the Provincial Judgment Enforcement Department said: In many cases, we have to wait until the enforcement decision is issued for the person toexecutionjust complied. For example, the case of Ms. NM's (Vinh City) loan from the Industrial and Commercial Bank with the principal and interest amounting to 295 million VND, but the collateral (house and land) belonged to her child. When the Industrial and Commercial Bank filed a lawsuit, Ms. NM refused to pay, causing the case to drag on from 2007 to the beginning of this year. During that time, although the enforcement officer had mobilized and persuaded, both Ms. NM and her child did not agree to pay the debt, even Ms. NM's child said that "whoever owes must pay". It was not until the enforcement meeting, with the persuasion and mediation of the enforcement officer, that the bank agreed to reduce the amount paid to Ms. NM to 120 million VND, including court fees, and Ms. NM's family agreed.

Mr. Nguyen Ngoc Dung, Deputy Head of the Department of Judgment Enforcement and Organization, Provincial Judgment Enforcement Department, said: In 2013, the whole province had 10,643 cases (accounting for 99.4%) completed thanks to the work of mobilizing voluntary judgment enforcement. The judgment enforcement sector only had to issue decisions to apply compulsory judgment enforcement measures for 51 cases, a decrease of 48 cases compared to 2012. After issuing the enforcement decisions, there were 9 more cases in which the parties voluntarily enforced the judgment, so the number of cases that had to be enforced was only 42.

According to the leader of the Provincial Enforcement Department, successful advocacy and mediation will benefit both the person being prosecuted and the community.executionand the right personexecution. Not only that, the agencyexecutionalso freed from burdens, including financial burdens, because each time enforcement is carried out, many functional forces and means must be mobilized. The valuable thing is that when the parties voluntarilyexecutionThis also means that the possibility of opposition, which could negatively affect local security and order, as well as complicated complaints in the future, has been eliminated.

However, the work of persuasion inexecutionCivil cases are not easy. According to Mr. Thai Van Ngoc, Head of Nghi Loc Judgment Enforcement Office, the awareness of respecting and complying with the law onexecutionThe parties' compliance is not high, many cases of procrastination, evasion of obligations, or leaving for other localities have caused many difficulties for the work.executionlocally... To achieve high efficiency in propaganda and mobilization of the parties concernedexecution, enforcement officers must be dedicated, enthusiastic, knowledgeable about the law, in addition to the enforcement officers of the Sub-Department.Execution of judgment, there needs to be coordination between the authorities, including the Police, the Procuracy, the Court... Not only must we mobilize and persuade the parties, but we must also mobilize the parties' relatives and neighbors to create a high consensus. Only then, when forced to apply coercive measures, will the masses and people agree and support, so it will be less likely to cause complicated and prolonged incidents.

Article and photos: Quang An