Through the Law on Enforcement of Civil Judgments (amended)

(Chinhphu.vn) - With 433 out of 440 participating delegates voting in favor (91.54%), the National Assembly officially passed the amended Law on Civil Judgment Enforcement this afternoon (December 5).

Results of the vote on the Law on Enforcement of Civil Judgments (amended).

Before the delegates voted to approve the draft Law on Enforcement of Civil Judgments (amended), Chairman of the Committee on Law and Justice Hoang Thanh Tung reported on some major issues in explaining, receiving feedback, and revising the draft law. He stated that the draft law, after being reviewed and revised, has 5 chapters and 116 articles (a reduction of 2 articles compared to the draft law submitted by the Government to the National Assembly).

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

Taking into account the opinions of National Assembly deputies, the Standing Committee of the National Assembly directed the revision of the draft Law to clearly stipulate that digitally signed electronic documents and data have the same legal validity as paper documents.

At the same time, the regulations stipulate the responsibility of the State Treasury, credit institutions, etc., to promptly fulfill requests from enforcement agencies (whether in paper or electronic form), overcoming the situation of delaying the provision of information and freezing accounts.

Regarding the organizational system for civil enforcement, some opinions suggest establishing a two-tiered organizational model for civil enforcement agencies at the local level (provincial and regional) to align with the models of the People's Courts and People's Procuracies, facilitating coordination. Some opinions also propose adding the judicial title of "Chief Enforcement Officer" to the regional Civil Enforcement Department.

According to Hoang Thanh Tung, Chairman of the Committee on Law and Justice, in implementing Conclusion No. 162 of the Politburo, the draft Law stipulates that the civil judgment enforcement system includes: the Civil Judgment Enforcement Management Agency under the Ministry of Justice , 34 provincial-level civil judgment enforcement agencies, and 355 regional civil judgment enforcement offices directly under the provincial-level civil judgment enforcement agencies.

The draft law has added the judicial title "Chief Enforcement Officer" to be appointed to the Head of the Regional Enforcement Department to ensure uniformity in direction and inter-agency coordination in enforcement work at the local level.

Regarding the time limits and procedures for enforcing judgments, many opinions suggested reviewing and shortening the time limits in the judgment enforcement process to minimize costs and time in accordance with Resolution No. 27.

The Standing Committee of the National Assembly has directed the rectification and shortening of many important timeframes in the process of organizing the enforcement of judgments, such as: the timeframe for verifying the conditions for judgment enforcement, the timeframe for notifying judgment enforcement, the timeframe for signing contracts for exploiting assets subject to judgment enforcement, the timeframe for priority purchase of assets subject to judgment enforcement, etc.

In addition to the issues mentioned above, the Standing Committee of the National Assembly has directed a review and incorporation of as many opinions as possible from National Assembly deputies to finalize regulations on handling special assets (digital assets, virtual currency), transferring the storage of evidence 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