MINISTRY OF EDUCATION AND TRAINING

MINISTRY OF JUSTICE

HANOI LAW UNIVERSITY
LE ANH TUAN

SOME THEORETICAL AND PRACTICAL ISSUES ON THE
ENFORCEMENT OF CIVIL JUDGMENTS IN VIETNAM

Specialized major: Civil Law and Civil Procedure
Code: 62380103

SUMMARY OF DISSERTATIONS

HANOI- 2017


The dissertation is completed at:
HANOI LAW UNIVERSITY

Academic Supervisor: 1. Dr Dinh Trung Tung
2. Prof.Dr Tran Anh Tuan

Reviewer 1: Dr Nguyen Van Cuong
Reviewer 2: Prof.Dr Nguyen Thi Que Anh
Reviewer 3: Dr Le Thi Thu Ha
Dissertation will be examined by the Council of Dissertation
Evaluation at Hanoi Law University at date

Dissertation is available at:

in a timely and effective manner, the legitimate rights and interests of
the judgment creditors and the lawful interests of other litigants in
the enforcement of civil judgments, there is still a lot of work and
civil debt outstanding in the year to move next year, some large cases


2
have not been enforced effectively. Meanwhile, the work of building
and improving the law on enforcement of civil judgment is still slow,
organizing civil judgment enforcement personnel, facilities and
equipment of civil judgment enforcement agencies. It does not meet
the requirements of the reality also affect the effectiveness of
enforcement of civil judgments. Many provisions on enforcement of
civil judgment are not based on theoretical, scientific and rational
theories, but there are also conflicting, overlapping, incompatible
with practical implementation. Civil case awkwardness in the
application of civil enforcement law enforcement, violations in the
enforcement of civil judgment enforcement still take place in many
places, many subject enforcement of civil judgments, various forms
of violations, ranging from the verification of conditions for
enforcement of civil judgment execution, the right to request the
enforcement of civil judgments of the involved parties, the issuance
of decisions on the enforcement of civil judgments, to organize the
enforcement of civil judgments, to pay the proceeds from the
enforcement of civil judgments; every year, many Executors are
disciplined for violating the law while conducting the enforcement of
civil judgments, many cases of violation lead to complicated and
complicated remedies. With very large amounts, be examined for
penal liability to Executors of civil judgment enforcement agencies.
Many civil law enforcement cases are unsuccessful, involving large

research on the enforcement of civil judgments from the point of
view of theories, laws and practices, especially the new ones. On the
enforcement of civil judgments in the Law on Civil Judgment


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Execution as well as documents guiding the implementation of the
Law on Civil Judgment Execution. The approach towards intensive
and holistic research on civil enforcement enforcement can connect
and overcome the scathing in the current work on civil enforcement
enforcement of civil judgments. Proposing long-term, fundamental
solutions to improve the law and improving the efficiency of
enforcement of civil judgments in sustainable practice is an urgent
imperative. For the reasons mentioned above, the selection of the
topic "Some theoretical and practical issues on the enforcement of
Civil Judgments in Vietnam" as the thesis topic to clarify theoretical
issues, actual legal and practical costs to implement in order to
propose solutions to better protect the legitimate rights and interests
of the subjects in the enforcement of civil judgments and to improve
the effectiveness of enforcement activities. Civil judgments are
urgent, meaningful both in theory and in practice.
The dissertation aims to systematically study the basic
theoretical issues on enforcement of civil judgments as well as the
practice of enforcement of civil verdicts, clarifying requirements and
enhancing solutions. The effect of enforcement of civil judgments in
Vietnam. The subjects and scope of the study focus on a number of
theoretical issues on the enforcement of civil judgments, the content
of law and the practical implementation of law on enforcement of
civil judgments in Vietnam. Comparing and contrasting with
previous regulations in the history of Vietnamese law as well as

achieved, the limitations, the existence and causes of limitations, the
existence of civil law enforcement enforcement, both in law and


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practice of law enforcement. Law on the enforcement of civil
judgments.
Thirdly, the thesis sets out 05 requirements and 03 groups of
measures to improve the efficiency of enforcement of civil
judgments in Vietnam, with the requirements for the establishment of
a socialist rule-of-law State of the people, by the people and for the
people; ensuring human rights, fundamental rights of citizens; to
mobilize the active participation of agencies, organizations and
individuals in the enforcement of civil judgments; appropriate and
serve the renovation policy, the policy of administrative reform,
judicial reform of the Party and the State; to be consistent, feasible
and 03 groups of measures to improve the law, to organize the
enforcement of civil judgments, to ensure the necessary conditions
for the enforcement of civil judgments.
In addition to the introduction, overview of research issues,
conclusions, list of references and appendices, the dissertation is
presented in three chapters as follows:
Chapter 1: Some Theoretical Problems of Civil Enforcement
Enforcement
Chapter 2: Current Legal and Practical Status of the
Enforcement of Civil Judgment Enforcement Act in Vietnam
Chapter 3: Requirements and solutions to improve the effect of
enforcement of civil judgments in Vietnam.



Thirdly, on the relevance of the published works to the
requirements and solutions to improve the enforcement of civil
judgment in Vietnam, some projects have raised the requirements
and solutions to enhance the effect. Enforcement of civil judgments
in Vietnam, at certain angles, however, these solutions are only small
for each specific case, but there is no work to present the whole, full
of love. Demand and solutions to improve the efficiency of
enforcement of civil judgments in Vietnam.
2. System of issues covered by the study
Firstly, on the theoretical issue of enforcement of civil
judgment: The dissertation further clarifies the concept of
enforcement of civil judgments, characteristics of enforcement of
civil judgments, clarifies the meaning of enforcement of civil
judgments, basic justification of the development of legal provisions
on enforcement of civil judgments, factors affecting the effect of
enforcement of civil judgments, principles, the criteria for evaluating
the effect of enforcement of civil judgments, the formation and
development of the law on enforcement of civil judgment in
Vietnam, and more clearly the experience of foreign law on
enforcement of civil judgment. history.
Secondly, on the current situation of civil law enforcement in
Vietnam: analyzing and assessing the current situation of law on
enforcement of civil judgment in Vietnam to have the most general
view of the law on the enforcement of civil judgments in Vietnam.
Enforcement of civil judgments; other factors affecting the
enforcement of civil judgments; identify and clarify the causes of
limitations and the existence of civil law enforcement.


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results of the thesis
By posing and answering research questions, identifying
directions and proving research hypotheses, projecting the research
results of the thesis project.
Firstly, to systematize and perfect the theoretical foundation on
the enforcement of civil judgments. This is the theoretical basis for
the PhD student to propose solutions to improve the effect of
enforcement of civil judgments in Vietnam.
Secondly, objectively and comprehensively assess the current
state of law and practice of enforcement of civil verdicts in Vietnam,
thereby creating a practical basis for to issue solutions to improve the
efficiency of enforcement of civil judgments in Vietnam.
Thirdly, the requirements for improving the enforcement of civil
judgment enforcement and the development of a system of solutions
to improve civil enforcement enforcement in Vietnam in a
sustainable manner.
CHAPTER 1
SOME MATTER ISSUES ABOUT
CIVIL PROCUREMENT AGREEMENTS
1.1. Concept, characteristics and significance of enforcement of
civil judgments
1.1.1. The concept of enforcement of civil judgments
Enforcement is the use of state power to force certain
individuals or organizations to abide by, which is a mode of use and
assurance of state power exercised by certain remedies and by the
competent authority proceed. Civil enforcement enforcement of civil


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judgments always use state power to force individuals and

involved parties' rights and performance of their obligations or the
third person managing the property for civil judgment execution.
- Forcible enforcement of civil judgments applied through the
enforcement of enforceable decisions shall be manifested specifically
by the issuance of decisions of the persons competent to apply
coercive measures to enforce civil judgments.
1.1.3. Significance of enforcement of civil judgments
First of all, the protection of civil law enforcement and
enforcement of law is enforced in practice, that is, the process of
operating for the purpose that legal entities, by their acts, law on the
enforcement of civil judgments in real life.
Secondly, the protection of the legitimate rights and interests of
the State, organizations and individuals and the successful
enforcement of civil verdicts, the judgments and decisions shall be
respected and enforced in practice, the interests of the parties, other
organizations and individuals and the interests of the State.
Thirdly, contributing to raising the legal consciousness of the
subjects in society, making the subjects have thoughts and feelings
expressing attitudes, judgments of fairness or unfairness, right or the
illegality of the law on enforcement of civil judgment.
Fourthly, it contributes to improving the effectiveness of
investigating,

prosecuting,

adjudicating

and

enforcing

subject to the enforcement of civil judgments.
- Psychological factors, which must be calculated in the civil
law enforcement legislation on enforcement of civil cases, are
appropriate and feasible, and the enforcement of civil judgment
execution must pay attention to mobilization, persuasion and


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elaboration. The enforcement plan is capable of effectively enforcing
the enforcement of civil judgments.
- Socio-economic conditions are important factors affecting the
enforcement of civil judgments, especially the judgment debtors and
the judgment debtors.
- The intellectual factor, law consciousness, especially of the
litigants, if the litigant has high intellectual level, high sense of law,
will properly perceive rights and obligations on civil judgment
execution according to legal regulations.
- The ability of a competent person to enforce a civil judgment,
the quality and effectiveness of the enforcement of a civil judgment
depends on the capacity of the civil enforcement organization to
enforce its civil judgment Executor, Bailiff.
1.3.2. Criteria for evaluating the effect of enforcement of civil
judgments
- Quantitative criteria
+ The number and the percentage of successful cases of
successful coercion are more effective.
+ The lowest cost of coercive execution of civil judgments, the
lower the cost, the higher the enforcement effect.
- Qualitative criteria
High quality of enforcement of civil judgments is assessed in the

subject to enforce the enforcement of civil judgments. In Vietnam
today, the subject has the right to enforce civil judgments as
Executors and Bailiffs.


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1.4.3. Enforcement of civil judgments by statutory measures,
with specific provisions on how to implement civil enforcement
measures. The more coercive the enforcement is, the more accurate
the enforcement of civil judgments is and the only way to enforce
civil judgments is through enforcement of civil judgments.
1.4.4. Non-enforcement of civil judgments during certain times
and circumstances as prescribed by law is a period of sleep or rest,
usually between 22.00 hrs and 06.00 hrs the following day, holidays,
holidays prescribed by law, customs or habits, or the time of
voluntary execution of judgments or cases where the individuals who
have to execute civil sentences can not fulfill the obligation of civil
judgment execution or property to ensure minimum living for them
or the case for the common good of the community, society.
1.4.5. The enforcement of civil judgments must be based on the
content and nature of the obligation to enforce judgments and
conditions for enforcement of civil judgment enforcement decisions
and to select the application of coercive measures for judgment
execution. Civil liability corresponding to the obligation of civil
enforcement of the judgment debtors and necessary expenses, unless
the judgment debtor voluntarily performs the task or requests the
distraction of the specific property of many properties do not
interfere with the execution of the judgment.
1.5. The formation and development of regulations on the
enforcement of civil judgments in Vietnam

basis for consultation on the improvement of law and application to
the practice of enforcement of civil judgments. Civil cases in
Vietnam.


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CHAPTER 2
LEGAL AND PRACTICAL STATUS
IMPLEMENTING THE LAW ON COVERAGE
CIVIL LAW EXECUTION IN VIETNAM
2.1. Legal status of enforcement of civil judgment
2.1.1. Current status of general regulations on enforcement of
civil judgment
- There are no provisions regulating the principle of coercive
execution of civil judgments or referring to general principles of law
on civil judgment enforcement in the enforcement of civil judgments;
many new issues stipulated in the Civil Code have not been
concretized in regulations on enforcement of civil judgments; there is
no similar regulation applicable to compulsory return of houses and
land use rights.
- Regarding the role of Judges in the enforcement of civil
judgments, the current law stipulates the subjects subject to the
enforcement of civil judgments as Executors and Bailiffs without
clearly determining the competence of court. Judge the court in the
process of enforcing the civil judgment.
In terms of the system of civil enforcement enforcement
measures, besides its advantages, in terms of legislative techniques,
many of the provisions in a law contain various coercive measures
and a section also contains many the type of coercive measures is not
consistent, so in certain cases it is difficult to specifically identify

papers of the judgment debtors, the current law does not contain
specific provisions on the collection of assets of the judgment
debtors, which are held by themselves; the provisions on the powers


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of the Executors in the recovery and handling of money, valuable
papers and other property of the judgment debtors are still limited;
there is no strong enough sanction for a third party not to deliver
money, valuable papers or other assets.
- Regarding deductions from the judgment debtors' income, the
conditions of application are still unclear and the deductible level is
not appropriate; there are no specific provisions on income deduction
for specific cases; not yet consistent with the Law on Social
Insurance; there are no specific regulations on sanctions for agencies
and organizations that do not implement enforcement decisions,
except for the income of the judgment debtors.
- Regarding the distraint, the handling of the property of the
judgment debtors, the enforcement of property distraint and the
handling of assets being land use rights are very difficult to
implement in practice, there is no specific regulation on the area The
land left to the judgment debtors upon distraint of the land use right;
provisions on disposal of assets on distrained land are not feasible;
there are no general provisions in general and lack of mechanisms for
dealing with the property of the judgment debtors associated with the
land use rights of others; the provisions of law relating to
enforcement of land use rights are still inconsistent with reality;
dispute, handle intellectual property rights to execute the sentence is
not specific and clear; the provisions on the handling of assets of the
judgment debtors after the court's judgment or decision has not yet

status, not closely linked roles and responsibilities of relevant
agencies and organizations, the money left to the person executing
the lease is not appropriate to the reality and there is no appropriate


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mechanism to support the enforcement of the rules on house
repayment.
- Forced delivery, return of papers, anticipated and dissimilar
treatment plans in cases where the papers can not be recovered but
can be re-issued as well as the responsibility of the competent
agencies in the grant. Again papers. However, regulations on the
granting of land use right certificates in civil judgment enforcement
have not created synchronism in the law on land; failure to hand over
or return unsuccessful papers means that the judgment or decision of
the court on the delivery or return of unenforceable documents.
- Enforcement of the land use right transfer, besides the above
advantages, the existing civil law enforcement law also has certain
limitations, such as the lack of updating the regulations on the right
to use the land or surface law of the Civil Code to establish
corresponding provisions on the enforcement of civil judgments.
2.1.4. Actual enforcement regulations for enforcing or not
carrying out certain work
- For enforcement of certain work, the law establishes a
reasonable, flexible and effective mechanism to ensure the
enforcement of the interests of the person who is enforcing a fine, for
other cases where the judgment debtors are liable to bear the costs,
the penal liability examination request has not yet been specified so
as to compel the performance of the obligation to perform certain
jobs; however, there is no specific regulation on how to enforce the

judgment beyond the contents of the judgment leading to problems in
the enforcement of civil judgment still exist. There are many cases of