Van Thinh Phat case: Just one button transfer more than 8,000 billion VND to 40,000 bondholders

The Minister of Justice said in the Van Thinh Phat case, “with just one push of a button, more than VND8,000 billion was deposited into the accounts of more than 40,000 bondholders.” Previously, the enforcement agency would have to send 40,000 paper copies.

This morning, the National Assembly discussed the draft Law on Civil Judgment Enforcement (amended).

Implementing the two-level local government organization model, from July 1, the civil judgment enforcement system (CJE) was arranged to include the Civil Judgment Enforcement Department and 34 provincial and municipal CJE agencies. Of which, there are 355 regional CJE offices corresponding to 355 regional People's Courts and People's Procuracies.

Delegate Nguyen Tam Hung (HCMC) said that after the administrative unit arrangement, the regional THADS office does not have legal status, seal, account, and does not have the authority to make THADS decisions, so it is not compatible with the organization of the People's Court and People's Procuracy at the regional level.

Delegate Nguyen Tam Hung. Photo: National Assembly

Mr. Hung cited the fact that the regional People's Procuracy has the authority to prosecute according to the locality but does not have a THADS agency at the same level to coordinate directly. The authority to make decisions is concentrated at the provincial level, the files must be transferred to the province for signature before being returned to the region, causing delays and reducing initiative, especially in places with a large number of cases and far and wide areas.

According to him, because they do not have legal status, seals, or accounts, regional THADS cannot sign contracts to open temporary custody accounts, pay enforcement costs, rent, and preserve assets. All administrative and financial transactions must be submitted to provincial THADS, causing congestion in cases that need to be handled quickly and increasing risks in preserving, sealing, and transporting evidence in remote areas.

Conclusion No. 162 dated June 6 of the Politburo clearly stated: "Agree to continue streamlining the THADS system, ensuring that the enforcement agencies at all levels are consistent with the apparatus of the People's Court and the People's Procuracy to operate effectively and efficiently, meeting the requirements and tasks in the new situation." According to the delegate, this is a particularly important political basis, so the drafting committee needs to comply with it to redesign the THADS agency model in the draft law.

Mr. Hung also proposed to amend and perfect the model of the THADS agency in the draft law to be synchronized with the trial and prosecution - with central, provincial and regional THADS agencies.

According to him, 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 backlogs at key points.

Delegate Dang Bich Ngoc. Photo: National Assembly

Adding more comments, delegate Dang Bich Ngoc ( Phu Tho ) proposed adding a regulation that the head of the regional THADS is also the chief enforcement officer of the region, in order to facilitate the enforcement of judgments and direct the organization of enforcement of judgments in the region, in coordination with the court, the regional prosecutor's office and relevant agencies in the area.

Applying digital transformation to the operation of the THADS system

In his explanation, Minister of Justice Nguyen Hai Ninh said that the model of organizing the THADS system by region has been implemented since July 1.

After 4 months of operation, the initial difficulties have been overcome. This model does not cause problems in coordination with the prosecution agencies, and at the same time proves its effectiveness with impressive numbers.

Citing the above statement, according to Mr. Ninh, the results of execution of judgments in terms of both number of cases and amount of money exceeded the target assigned by the National Assembly.

“Although the absolute number is very large, especially in major cases such as Tan Hoang Minh and Van Thinh Phat, the execution results have exceeded the target,” the Minister emphasized.

Minister of Justice Nguyen Hai Ninh: THADS has deployed software to issue electronic judgment execution decisions and electronic receipts. Photo: National Assembly

The next highlight mentioned by the Minister is the comprehensive change in the organization and operation of the THADS system towards digital transformation.

Currently, THADS has deployed software to issue electronic enforcement decisions and electronic receipts. The results show that more than 75,000 enforcement decisions and more than 375,000 electronic receipts have been issued in place of paper copies, equivalent to VND 33,700 billion.

Mr. Ninh cited the Van Thinh Phat case, “with just one button press, more than 8,000 billion VND was deposited into the accounts of more than 40,000 bondholders”. Previously, the enforcement agency would have to send 40,000 paper copies to each bondholder.

The Minister emphasized that the Judiciary is continuing to build software to organize the execution of judgments to perform all professional operations in the electronic environment.

Regarding the regional THADS chief, Mr. Ninh said that this is not just an administrative title but a judicial title. "We still have wet seals for the regional THADS chief to use to overcome the gaps, and also digital signatures, which are now used very normally," he said.

Source: https://vietnamnet.vn/vu-van-thinh-phat-chi-mot-nut-nhan-chuyen-hon-8-000-ty-dong-cho-40-000-trai-chu-2461674.html