Civil enforcement - responsibility must be clear

VTV.vn - Discussing the Law on THADS (amended), delegates proposed clearly defining the responsibilities of agencies, organizations and individuals to effectively enforce judgments in the two-level government model.

Define clear responsibilities - avoid "general coordination"

In practice, many judgments have come into effect but implementation is still hampered due to the unclear regulations on responsibilities and authority of relevant agencies. At the discussion session of Group 15 on the Draft Law on Civil Judgment Enforcement (amended), the majority of delegates agreed on the need for comprehensive amendments to overcome current shortcomings and meet the requirements of the two-level local government organization stage.

Ms. Thai Quynh Mai Dung, National Assembly Delegate of Phu Tho province, emphasized that in addition to clarifying the rights and obligations of the parties, it is necessary to specifically stipulate the responsibilities of agencies, organizations and individuals in implementing judgments, decisions and requests of civil judgment enforcement agencies. According to Ms. Dung: "In addition to the functions of the Ministry of Justice , the People's Committees at the provincial and communal levels play a very important role in civil judgment enforcement, so a number of important tasks and powers must be included in Articles 173 and 175 of the draft law; specific tasks will be prescribed by the Government".

Ms. Thai Quynh Mai Dung, National Assembly Delegate of Phu Tho province

Sharing this view, delegate Dang Bich Ngoc, National Assembly delegate of Phu Tho province, proposed to separate a provision regulating the duties and powers of People's Committees at all levels in civil judgment enforcement, instead of leaving it scattered and general. Ms. Ngoc stated: "If the regulations are general and not specific about the responsibilities and powers of the agencies, it will be very difficult to coordinate implementation." According to the delegates, legalizing the responsibilities of People's Committees at all levels will create a legal basis to mobilize the entire political system to participate, especially in difficult and complicated cases related to social order and safety, land, and public property.

Ms. Dang Bich Ngoc, National Assembly Delegate of Phu Tho Province

Along with that, the delegate suggested that the drafting committee review and standardize coordination procedures between civil enforcement agencies with the police, natural resources and environment, banks, property registration agencies, etc. in the direction of "clear focal points - clear deadlines - clear results", attaching responsibility to the head when delaying or not implementing the legal requests of the enforcement agency.

The statute of limitations and procedures must be feasible and ensure rights.

One content that received many opinions was the statute of limitations for execution of judgments. Mr. Ngo Trung Thanh, Vice Chairman of the National Assembly's Committee on Law and Justice, National Assembly Delegate of Dak Lak province, suggested considering whether to unify the statute of limitations between State judgment execution and civil judgment execution. He said: "Regarding the statute of limitations in civil judgment execution, in my opinion, more time is needed. I agree with the 5-year period proposed by the drafting committee. However, if during that time it is not implemented and the enforcement expires, the rights of the parties will not be guaranteed."

Vice Chairman of the National Assembly's Committee on Law and Justice Ngo Trung Thanh, National Assembly Delegate of Dak Lak Province

From a technical legislative perspective, many opinions suggest clearly defining the mechanism of "suspension - extension - restoration" of enforcement when there are objective obstacles, and at the same time determining the responsibility for compensation and public apology if the delay is due to the fault of the state agency. Along with the statute of limitations, the procedures for seizure, valuation, auction, division of enforcement proceeds, etc. also need to be simplified, digitized and data synchronized to reduce compliance costs and increase transparency.

Delegates emphasized that, in the context of local governments operating under a two-level model, the amended law must be a tool to "divide work in the right place, delegate power to the right people, and measure results". Accordingly, the People's Committees at the provincial and communal levels need to be clearly assigned the task of supporting the verification of enforcement conditions; ensuring enforcement order; arranging forces, means, and locations; directing departments, branches, and grassroots authorities to coordinate promptly at the request of civil enforcement agencies. The enforcement agency is responsible for presiding over and unifying focal points; periodically publicizing progress, completion rate, and number of cases with conditions but slow implementation; reporting and recommending handling of non-compliance cases.

Discussing the Law on THADS (amended), delegates proposed clearly defining the responsibilities of agencies, organizations and individuals.

Some suggested that the draft should add modern tools such as: a unified asset database, connecting the land registration system, vehicles, and bank accounts; applying electronic notifications and electronic enforcement schedules; expanding non-cash payments in payment of judgment enforcement fees; and increasing sanctions against acts of dispersing and concealing assets.

Delegates proposed to complete the draft in three directions: clearly defining the duties - powers - accountability of each entity; designing feasible statutes of limitations and procedures, ensuring the legitimate rights of the parties; standardizing the inter-agency coordination process in the two-level government model. When responsibilities are no longer "general", the discipline of civil judgment enforcement will be strengthened, the legitimate rights and interests of organizations and individuals will be guaranteed, contributing to improving the effectiveness and efficiency of the law in life.

Source: https://vtv.vn/thi-hanh-an-dan-su-trach-nhiem-phai-ro-100251106140218813.htm