Nghị quyết 24/2008/QH12

RESOLUTION

ON THE IMPLEMENTATION OF THE LAW ON ENFORCEMENT OF CIVIL JUDGMENTS

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10;
Pursuant to Law No. 26/2008/QH12 on Enforcement of Civil Judgments;

RESOLVES:

1. The Law on Enforcement of Civil Judgments was passed on November 14, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 4th session, and will take effect on July 1, 2009.

For judgments which have been completely enforced under the 2004 Ordinance on Enforcement of Civil Judgments prior to the effective date of this Law, if involved parties still lodge complaints, these complaints shall be settled under the 2004 Ordinance on Enforcement of Civil Judgments.

By the time this Law takes effect, if judgments have not yet been enforced or are being enforced, they shall be enforced under this Law. Decisions issued and acts performed by civil judgment enforcement agencies or enforcers under the 2004 Ordinance on Enforcement of Civil Judgments continue to be effective.

For state budget remittances not exceeding VND 500,000 (five hundred thousand dong), if judgment enforcement has been organized for more than 5 years, counted by the effective date of this Law, while persons who are obliged to execute judgments cannot afford to pay them, the civil judgment enforcement agencies which are organizing judgment enforcement shall collaborate with the procuraries at the same level in listing such persons and requesting district-level courts in localities where the civil judgment enforcement agencies are headquartered to issue decisions on non-collection of those remittances.

2. To implement the policy on socialization of activities related to civil judgment enforcement, the Government is assigned to issue, and organize the trial implementation of, regulations on executors in certain localities.

Such trial implementation will start on the effective date of this Law and end on July 1, 2012.

The Government shall review and assess the results of the trial implementation and report them to the National Assembly for consideration and decision.

3. To suit current specific conditions regarding civil servants engaged in judgment enforcement in mountainous, deep-lying and remote areas, the Government is assigned to designate civil judgment enforcement agencies in the above areas to select, without having to organize recruitment examinations, persons with bachelor-of-law degree to work as executors (bailiffs) for 5 years from the effective date of the Law on Enforcement of Civil Judgments.

4. Within the ambit of their tasks and powers, the Government, the Supreme People’s Court and the Supreme People’s Procuracy shall:

a/ Review by themselves or in collaboration with concerned agencies current regulations on enforcement of civil judgments in order to annul, amend or supplement them or promulgate new documents or propose the National Assembly or the National Assembly Standing Committee to annul, amend or supplement current regulations on enforcement of civil judgments or promulgate new documents in accordance with the Law on Enforcement of Civil Judgments, ensuring that these documents will take effect simultaneously with this Law on July 1, 2009;

b/ Collaborate with the Central Committee of the Vietnam Fatherland Front and the Front’s member organizations in propagating and disseminating the Law on Enforcement of Civil Judgments among cadres, civil servants and people in order to enhance the socialist legality and promote the effect of the Law on Enforcement of Civil Judgments in protecting the interests of the State and rights and legitimate interests of individuals, agencies and organizations.

5. The National Assembly Standing Committee, the Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the ambit of their tasks and powers, implement, and guide the implementation of, this Resolution.

This Resolution was adopted on November 14, 2008, by the XIlth National Assembly of the Socialist Republic of Vietnam, at its 4th session.