Perfecting the law on enforcement of judgments: Transparency, digitalization and protection of public servants

On the morning of November 11, within the framework of the 10th session of the 15th National Assembly, the National Assembly discussed in the hall the Draft Law on Civil Judgment Enforcement (amended) and the Draft Law on Judicial Expertise (amended). Speaking at the meeting, delegate Tran Thi Hoa Ry, Vice Chairwoman of the National Assembly's Ethnic Council, the National Assembly Delegation (NA Delegation) of Ca Mau province, said that the draft laws have many new points. However, some contents still need to be adjusted to ensure feasibility, transparency and suitability to the practice of digital transformation in the enforcement of judgments.

Delegate Tran Thi Hoa Ry spoke at the discussion session on the morning of November 11.

Supplementing regulations on execution of judgments in electronic environment

According to delegate Tran Thi Hoa Ry, the trend of online trials and resolving cases with foreign elements is becoming more and more popular, while the draft Law on Civil Judgment Enforcement (amended) has not clearly mentioned the organization of judgment enforcement in the electronic environment.

“It is necessary to specify the mechanism for enforcing judgments and decisions declared through the online trial system or involving foreign elements to ensure comprehensiveness and feasibility,” delegate Tran Thi Hoa Ry suggested.

Delegate Tran Thi Hoa Ry said that adding this provision not only helps meet the requirements of digital transformation in the judicial sector but is also consistent with the spirit of Resolution 27-NQ/TW on reforming and modernizing judicial activities.

People need to monitor the execution process through the electronic system.

Delegate Tran Thi Hoa Ry analyzed that currently, people whose sentences are being executed still mainly monitor the progress through traditional channels, and there is no direct monitoring mechanism using technology.

“It is necessary to add regulations allowing the person subject to enforcement to access, monitor and send petitions via the electronic system. This is a way to increase transparency, reduce costs and prevent negativity in the enforcement process,” said delegate Tran Thi Hoa Ry.

According to delegate Tran Thi Hoa Ry, applying the electronic enforcement model also helps people clearly grasp the progress, rights and obligations of their cases, contributing to strengthening trust in law enforcement agencies.

Update on regulations on mortgages and digital assets

Regarding measures to enforce judgments (Article 71), delegate Tran Thi Hoa Ry proposed adding specific regulations on mortgaged assets and digital assets.

Regarding mortgaged assets at credit institutions, delegate Tran Thi Hoa Ry proposed that enforcement can only be carried out after a court decision on payment priority is made, to ensure the legitimate rights of the parties.

Regarding digital assets, virtual assets or encrypted assets, delegate Tran Thi Hoa Ry proposed regulations on the form of freezing, valuation and auction on electronic trading floors recognized by the State.

“This is a new issue, but it needs to be legalized soon to keep up with the reality of the digital economy ,” emphasized delegate Tran Thi Hoa Ry.

Scene of the discussion session in the hall on the morning of November 11.

There needs to be a legal protection and safety mechanism for enforcement officers.

According to delegate Tran Thi Hoa Ry, during the execution of sentences, many enforcement officers are in danger, threatened, obstructed or assaulted while performing their duties. However, there is no adequate protection mechanism for this force.

"It is necessary to add regulations that enforcement officers are protected by the State in terms of life, health, honor and are provided with legal support when performing official duties," delegate Tran Thi Hoa Ry suggested.

Delegate Tran Thi Hoa Ry said that clearly defining these rights and responsibilities not only ensures occupational safety but also increases the seriousness of the law and the effectiveness of judgment enforcement.

Laws must be clear, feasible and in line with digital trends.

At the end of her speech, delegate Tran Thi Hoa Ry emphasized that the completion of the Law on Civil Judgment Enforcement (amended) needs to be placed within the overall process of judicial reform and national digital transformation. “The law needs to be clear, feasible, ensuring the legitimate rights of the parties, while creating a legal basis for transparent, modern and effective judgment enforcement work,” delegate Tran Thi Hoa Ry stated.

Source: https://www.camau.gov.vn/thoi-su-chinh-tri/hoan-thien-luat-thi-hanh-an-minh-bach-so-hoa-va-bao-ve-nguoi-thuc-thi-cong-vu-290806