National Assembly delegates propose updating enforcement methods for digital assets

National Assembly delegates discussed in the hall on the morning of November 11. Photo: Quochoi.vn

Supplementing regulations on property as intellectual property rights

Discussing the draft Law on Civil Judgment Enforcement (amended), delegate Nguyen Hoang Bao Tran (Ho Chi Minh City Delegation) said that in the context of the country promoting digital transformation, developing knowledge-based economy and innovation, civil judgment enforcement (CJE) plays an increasingly important role. Many current cases are not only related to tangible assets, but also to intellectual property, digital data, technology contracts and scientific research results.

Delegate Nguyen Hoang Bao Tran ( Ho Chi Minh City Delegation) speaks at the discussion. Photo: Quochoi.vn

From the above analysis, the delegate believes that the Law on THADS (amended) needs to cover the new changes in life, and the increasingly deep interweaving of material and intellectual values. In particular, the regulations on time limits, order and procedures for implementation need to be strict and updated with the specific characteristics of technological assets.

Specifically, the content of Articles 43, 45 and 46 regulating the verification of conditions and making decisions on enforcement is still general, without a separate mechanism for types of intangible assets, such as: Patents, software, research results or rights to use digital data.

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I propose to add regulations allowing enforcement officers to request appraisals and coordinate with specialized agencies in science and technology in valuing, verifying or enforcing intellectual property rights," the delegate suggested.

According to the delegate, in Articles 61 and 63 on asset seizure and handling, it is necessary to update the enforcement method for electronic assets and digital technology, especially in civil cases with high-tech elements.

In reality, there are many cases where businesses hold source codes, data, and software worth tens of billions of dong, but current laws do not have a mechanism for enforcement or legal transfer. Therefore, it is necessary to supplement regulations that assets are intellectual property rights, data, and software are considered special assets; the seizure and handling are carried out according to the guidance of the Ministry of Justice and the Ministry of Science and Technology.

Delegate Cao Thi Xuan (Thanh Hoa Delegation) speaks at the discussion. Photo: Quochoi.vn

Regarding the duties, powers and procedures for execution of judgments of the Office of THADS, the bailiff, delegate Cao Thi Xuan (Thanh Hoa Delegation) basically agreed with the provisions in the draft Law.

However, delegates were concerned about the feasibility of implementing the tasks and powers of the THADS Office and the enforcement officers and suggested that the drafting agency consider more carefully the related regulations.

Amending and perfecting the model of civil enforcement agencies

Discussing the draft revised THADS, delegate Nguyen Tam Hung (Ho Chi Minh City Delegation) said that from the practical operation after the administrative unit arrangement, the current THADS agency model includes: the Central THADS Management Department, the provincial THADS agency and the regional THADS Office under the province.

Delegate Nguyen Tam Hung (Ho Chi Minh City Delegation) speaks at the discussion. Photo: Quochoi.vn

However, the Regional Office does not have legal status, seal, account and decision-making authority, so it is not compatible with the organization of the People's Court and People's Procuracy at the regional level, giving rise to many shortcomings that need to be recognized "accurately and in their true nature".

From the current shortcomings, delegates suggested considering amending and perfecting the model of the THADS agency in the draft Law to synchronize with the trial - prosecution. That is, there is a central level, a provincial level and a regional THADS agency. This solution does not increase the number of focal points, staffing or budget, but will shorten the process, increase on-site initiative, make timely decisions, reduce the workload for the provincial level, be closer to the people and limit the backlog of cases.

The delegate emphasized that streamlining the apparatus must go hand in hand with the clarity of public power and local responsibilities. Therefore, the provisions in the draft Law in the direction of "regional trial - regional supervision - regional execution" will close the cycle, remove coordination bottlenecks, shorten time, reduce social costs, and ensure that legally effective judgments and decisions are effectively and timely enforced.

Delegate Huynh Thi Phuc (Ho Chi Minh City Delegation) speaks at the discussion. Photo: Quochoi.vn

Delegate Huynh Thi Phuc (Ho Chi Minh City Delegation) pointed out that in reality, the THADS agency has to handle many cases related to enterprises with large values of judgments to be enforced, from more than 10 billion VND to about 70 billion VND. Meanwhile, the possibility of enforcement in cash is not high, mainly having to handle assets to ensure enforcement, or in many cases, the person who must enforce the judgment finds a way to transfer the obligation to a subsidiary, an affiliated company, etc.

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“The above typical examples have caused long-term difficulties, creating many consequences related to security and order, and the legitimate rights and interests of many people, especially workers and laborers,” the delegate said.

Therefore, the delegates believe that it is necessary to design a strict transfer mechanism to ensure respect for the right to agreement but with legal supervision and flexible control to implement the right and obligation to execute the judgment. In particular, it is necessary to minimize the occurrence of disputes or the parties involved taking advantage of the transfer agreement to evade the obligation to execute the judgment.

At the discussion session, Minister of Justice Nguyen Hai Ninh spoke to receive and explain the opinions of the delegates discussing in groups as well as in the hall about these two draft laws. The Minister said that the drafting agency will continue to revise and complete the draft laws, report to the Government and the National Assembly Standing Committee to complete and submit to the National Assembly for consideration and approval.

Source: https://hanoimoi.vn/dai-bieu-quoc-hoi-kien-nghi-cap-nhat-phuong-thuc-thi-hanh-an-voi-tai-san-cong-nghe-so-722886.html