Through the Law on Civil Judgment Enforcement (amended)

(Chinhphu.vn) - With 433/440 delegates participating in the vote in favor (accounting for 91.54%), the National Assembly officially passed the Law on Civil Judgment Enforcement (CJE) (amended) this afternoon (December 5).

Voting results to pass the Law on Civil Judgment Enforcement (amended).

Before the delegates pressed the button to approve, reporting on a number of major issues in explaining, receiving, and revising the draft Law on THADS (amended), Chairman of the Law and Justice Committee Hoang Thanh Tung said that the draft law after being received, revised, and submitted to the National Assembly for consideration and approval has 5 chapters and 116 articles (2 articles less than the draft Law submitted by the Government to the National Assembly).

Accordingly, regarding the application of information technology and digital transformation in the enforcement of judgments, there are opinions suggesting clearly defining the legal value of electronic documents and data in the enforcement of judgments so that credit institutions and banks do not delay providing information or blocking accounts when receiving electronic requests.

In response to the opinions of National Assembly deputies, the National Assembly Standing Committee directed the revision of the draft Law in the direction of clearly stipulating that digitally signed electronic documents and data have the same legal value as paper documents.

At the same time, regulations stipulate the responsibility of the State Treasury, credit institutions... to promptly implement the requests of the THADS agency (whether in paper or electronic form), to overcome the situation of delay in providing information and blocking accounts.

Regarding the system of civil judgment enforcement, there are opinions suggesting to regulate the model of the civil judgment enforcement agency in the direction of organizing a 2-level model at the local level (provincial and regional levels) to be similar to the model of the People's Court and the People's Procuracy, facilitating coordination. Some opinions suggest adding the judicial title "Chief Enforcement Officer" to the regional Civil Judgment Enforcement Office.

Chairman of the Law and Justice Committee Hoang Thanh Tung said that, implementing Conclusion No. 162 of the Politburo, the draft Law stipulates that the THADS system includes: THADS management agency under the Ministry of Justice , 34 provincial THADS agencies and 355 regional THADS offices under provincial THADS agencies.

The Draft Law has added the judicial title "Chief Enforcement Officer" to be appointed to the Head of the Regional Enforcement Office to ensure unity in direction and inter-sectoral coordination in enforcement work at the local level.

Regarding the time limit and procedures for execution of judgments, many opinions suggested reviewing and shortening the time limits in the execution organization process to minimize costs and execution time in the spirit of Resolution No. 27.

The National Assembly Standing Committee has directed to shorten many important deadlines in the execution organization process such as: deadline for verifying execution conditions, deadline for notification of execution, deadline for signing contract for exploitation of assets for execution, deadline for priority purchase of assets for execution, etc.

In addition to the above issues, the National Assembly Standing Committee has directed the review and maximum absorption of National Assembly deputies' opinions to perfect regulations on handling special assets (digital assets, virtual currencies), transferring evidence warehouses to the Ministry of Public Security for management, the responsibility of the People's Procuracy in supervising the execution of judgments and many other provisions of the draft Law.

Hai Lien

Source: https://baochinhphu.vn/thong-qua-luat-thi-hanh-an-dan-su-sua-doi-102251205152932586.htm