National Assembly delegates point out major challenges to the system of enforcement agencies

(Dan Tri) - According to National Assembly delegates, it is necessary to promote the policy of socialization and give more power to the Civil Judgment Enforcement Office and the Enforcement Officers to ensure feasibility in the enforcement of judgments.

Giving comments on the revised Law on Enforcement of Civil Judgments in the discussion session on the morning of November 11, delegate Cao Thi Xuan ( Thanh Hoa ) emphasized that this is a specialized law project on the judiciary sector with many difficult, complicated, and in-depth contents; the scope of the amendment is comprehensive with many contents being removed or newly added...

Regarding the responsibilities of agencies, organizations and individuals in the enforcement of civil judgments, Clause 2, Article 14 stipulates: "In case of opposition or obstruction to the enforcement of judgments, the civil judgment enforcement agency shall request the police force to ensure order and safety according to the provisions of law."

Delegate Xuan said that the above regulation is not really suitable. Because according to the regulation, in case of resistance or obstruction of the execution of the judgment, the enforcement agency requests the cooperation of the police force.

National Assembly Delegate Cao Thi Xuan (Photo: Minh Chau).

However, in reality, in many cases, it is very difficult for the enforcement agency to predict whether the litigant will resist or obstruct the enforcement of the judgment.

“When there is opposition or obstruction, the enforcement agency may not be able to request the police force to coordinate in a timely and effective manner. Moreover, the practice of organizing civil enforcement shows that if the enforcement agency "acts alone" to organize the enforcement, the effectiveness will not be high,” Ms. Xuan said, emphasizing the need for the joint participation of the Party Committee, the government, the police force, the court, and the prosecutor's office.

In addition, the female delegate proposed to add the Civil Judgment Enforcement Office the right to request the police force to ensure order and safety according to the provisions of the law. The draft law also needs to clarify which cases are considered as opposition and obstruction to the enforcement of judgments to have a basis to request the police force to ensure order and safety.

Regarding civil judgment enforcement agencies, Clause 3, Article 19 stipulates: "Civil judgment enforcement agencies of provinces and cities have regional Civil Judgment Enforcement Offices, Professional Offices and enforcement organizations, and other department-level units."

However, according to delegate Xuan, the draft Law has not yet specified the principles for establishing regional civil enforcement offices that are similar and consistent with the 355 regional People's Courts and People's Procuracies, consistent in quantity, scope, authority of operation, location of headquarters, and similar in name.

Therefore, she proposed to supplement regulations on the principles of establishment, arrangement and layout of the Regional Civil Judgment Enforcement Office in the direction that "The Regional Civil Judgment Enforcement Office is organized in a unified manner in terms of quantity, scope of authority, location of headquarters and similar in name with the Regional People's Court and Regional People's Procuracy".

This provision specifically institutionalizes in the law the requirements in Conclusion No. 162 of the Central Committee on "ensuring that enforcement agencies at all levels are consistent with the apparatus of the People's Court and the People's Procuracy to operate truly effectively and efficiently.

Delegates attend the discussion session at the National Assembly on the morning of November 11 (Photo: Hong Phong).

Articles 26 to 31 of the draft law stipulate the duties, powers and procedures for enforcement of judgments of the Civil Judgment Enforcement Office and the Enforcement Officer. Approving these provisions aims to ensure the implementation of the policy of socializing some civil judgment enforcement activities, contributing to reducing the burden on civil judgment enforcement agencies, while ensuring the process of streamlining the apparatus and system of civil judgment enforcement.

However, Ms. Xuan said she was very concerned about the feasibility of performing the tasks and powers of the Civil Judgment Enforcement Office and the Enforcement Officer.

Citing the summary results of the pilot implementation of bailiff activities in the 2009-2015 period, Ms. Xuan said that bailiffs are empowered to apply security measures and enforcement measures like enforcement officers.

But according to Regulation 08/2020 of the Government , this authority no longer exists, which has greatly limited the results of civil judgment enforcement by bailiffs, causing a large number of cases to be backlogged every year, and a large number of cases to be transferred to the following year.

This is a huge challenge for the enforcement agency system, according to the female delegate.

Commenting on the duties and powers of the Civil Judgment Enforcement Office and the Enforcement Officers as new provisions added in this draft law, Ms. Xuan said that it is necessary to promote the policy of socialization and give more power to the Civil Judgment Enforcement Office and the Enforcement Officers to ensure feasibility in performing assigned duties and powers.

Source: https://dantri.com.vn/thoi-su/dai-bieu-quoc-hoi-chi-ra-thach-thuc-lon-voi-he-thong-co-quan-thi-hanh-an-20251111091529262.htm