Decision 17/QD-TTg 2023 improve quality of the civil judgment enforcement work on business in 2023-2028

DECISION

Approving the Scheme on improvement of quality and effectiveness of the civil judgment enforcement work for court judgments or rulings on business or commercial matters in the 2023-2028 period^[1]

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 22, 2015 the Law on Promulgation of Legal Documents; and the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

Pursuant to the July 14, 208 Law on Enforcement of Civil Judgments; the November 25, 2014 Law Amending and Supplementing a Number of Articles of the Law on Enforcement of Civil Judgments; and the January 11, 2022 Law Amending and Supplementing a Number of Articles of the Law on Public Investment, Law on Investment in the Form of Public-Private Partnership, Law on Investment, Housing Law, Bidding Law, Electricity Law, Law on Enterprises, Law on Excise Tax, and Law on Enforcement of Civil Judgments;

Pursuant to the Political Bureau’s Resolution No. 50-NQ/TW of August 20, 2019, on orientations for improvement of institutions and policies and raising of quality and effectiveness of foreign investment cooperation through 2030;

Pursuant to the Government’s Resolution No. 58/NQ-CP of April 27, 2020 promulgating the Program of Action to implement the Political Bureau’s Resolution No. 50-NQ/TW of August 20, 2019 on orientations for improvement of institutions and policies and improvement of quality and effectiveness of foreign investment cooperation through 2030;

At the proposal of the Minister of Justice.

DECIDES:

Article 1. To approve the Scheme on improvement of quality and effectiveness of the civil judgment enforcement work for court judgments or rulings on business or commercial matters in the 2023-2028 period (below referred to as the Scheme) with the following principal contents:

I. DIRECTING VIEWPOINTS

1. To concretize the Party’s viewpoints, guidelines and policies on building and improving socialist-oriented market economy institutions; to build and improve the legal system in general, and improve institutions to raise the quality and effectiveness of foreign investment cooperation, focusing on increasing the quality and effect of institutions for dispute resolution and implementation in particular.

2. To ensure the conformity with the Constitution, synchronism and consistency with legal documents concerning civil judgment enforcement and the promulgation of regulations to suit reality.

3. To raise the awareness of all sectors from central to local levels about the importance of the enforcement of business and commercial judgments; and improve the effectiveness of the entire civil judgment enforcement system in order to create breakthroughs in quality of, reduce time and costs for, civil judgment enforcement, and ensure compliance with current laws, thus contributing to improving the effect and effectiveness of the state apparatus, especially in the civil judgment enforcement work, improving the business and investment environment, and raise the attractiveness and competitiveness of the economy for investors and businesses.

4. The Scheme is formulated based on practical conditions and resources and capacity of the system of civil judgment enforcement agencies and related agencies so as to ensure high feasibility; and at the same time aims at creating foundations and premises for the development of the system of civil judgment enforcement agencies, and improvement of the effectiveness of the civil judgment enforcement in general and business or commercial judgment enforcement in particular to meet requirements in the 2023 - 2028 period.

II. OBJECTIVES

1. To ensure that legally effective court judgments or rulings are practically enforced and strictly executed by related agencies, organizations and individuals; to intensify the application of measures to prevent and control law violations in the civil judgment enforcement work in general, and business or commercial judgment enforcement in particular; to resolutely handle cases of obstructing or opposing judgment enforcement, intentionally delaying judgment execution, or failing to execute judgments in accordance with law.

2. To improve institutions and regulations toward attaching importance on quality of, simplifying order and procedures, and shortening the time for, judgment enforcement, reducing costs to be covered by the state budget or payable by related agencies, organizations or individuals in the course of judgment enforcement.

3. To publicize and make transparent the process of judgment enforcement, guarantee the right to access information on and right to supervise the civil judgment enforcement work of agencies, organizations and individuals.

4. To protect lawful rights and interests of all parties involved in judgments or rulings on business or commercial matters.

5. To strive for the target that the ratio of fully enforced judgments or rulings on business or commercial matters to total judgments with sufficient conditions for enforcement increases year after year, thus contributing to fulfilling or surpassing the targets and tasks set forth by the National Assembly under Resolution No. 96/2019/QH14 of November 27, 2019, on prevention and control of crimes and law violations, work of people’s procuracies and people’s courts, and judgment enforcement work.

III. SCOPE OF THE SCHEME

1. The Scheme focuses on studying the practical status and results of the enforcement of civil judgments on business or commercial matters over the recent years, focusing on the evaluation of the 2017-2021 period’s results, and putting forth specific and feasible solutions to improve the effect and effectiveness of the system of civil judgment enforcement agencies, thereby improving the quality and effectiveness of the enforcement of judgments or rulings on business or commercial matters under the Government’s Resolution No. 58/NQ-CP of April 27. 2020, promulgating the Government’s Program of Action to implement the Political Bureau’s Resolution No. 50-NQ/TW of August 20, 2019.

2. The Scheme’s implementation period: From 2023 to 2028.

3. The Scheme will be implemented nationwide and applicable to the civil judgment enforcement work, focusing on the enforcement of judgments or rulings on business or commercial matters. Judgments or rulings on business or commercial matters include:

a/ Judgments and rulings issued by competent courts to settle business or commercial disputes or claims under Articles 30 and 31 of the 2015 Civil Procedure Code;

b/ Awards and decisions of commercial arbitrations;

c/ Decisions on handling of competition cases issued by the Chairperson of the National Competition Committee or the Council for Settlement of Cases of Competition Restriction or decisions on settlement of complaints about the decisions on settlement of competition cases issued by the Chairperson of the National Competition Committee or the Council for settlement of complaints about the decisions on settlement of competition cases, in case the involved parties neither willingly to execute these decisions by themselves nor initiate lawsuits at court against these decisions though the time limit of 15 days from the date such decisions take legal effect has expired;

IV. KEY TASKS AND SOLUTIONS

1. Further improving institutions on civil judgment enforcement and other relevant laws

a/ To review and make overall evaluation of provisions of the Law on Enforcement of Civil Judgments and its guiding documents, proposing improvement solutions with the focus being addressing difficulties and removing obstacles in the enforcement of judgments or rulings on business or commercial matters, simplifying order and procedures, shortening the time for judgment enforcement, and institutionalizing special contents regarding the enforcement of judgments on business or commercial matters.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Supreme People’s Court, Supreme People’s Procuracy, Government Office, State Bank of Vietnam, Vietnam Chamber of Commerce and Industry, Vietnam Lawyers’ Association, Vietnam Bar Federation and related agencies.

- Outputs: Report on review and evaluation of provisions of the Law on Enforcement of Civil Judgments and guiding documents and related laws; proposed amendments and supplements.

- Implementation time: 2023.

b/ To review and evaluate the implementation of, and propose amendments and supplements to, the 2016 Law on Property Auction and guiding documents Law toward publicizing and transparentizing the auction of property subject to judgment enforcement; simplifying procedures for establishment of ownership of auctioned property buyers; adopting mechanisms for supervising and controlling property auction to ensure objectiveness and mechanisms for protecting lawful rights and interests of auctioned property sellers, etc.; to study the formulation of specific regulations on particular characteristics of the process of auctioning property subject to the civil judgment enforcement or business or commercial judgment enforcement.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Supreme People’s Court, Supreme People’s Procuracy, Government Office, Ministry of Finance, Ministry of Natural Resources and Environment, State Bank of Vietnam, Vietnam Bar Federation and other related agencies.

- Outputs: Report on review and evaluation results; proposals, recommendations and implementation schedules.

- Implementation time: 2023.

c/ To review and evaluate the implementation of, propose amendments and supplements to, the Law on Commercial Arbitration regarding the statute of limitations for enforcement of arbitral awards; the competence to enforce arbitral awards; explanation of arbitral awards, etc.

- In-charge agency: The Vietnam Lawyers’ Association.

- Coordinating agencies: The Ministry of Justice, Supreme People’s Court, Supreme People’s Procuracy, Vietnam Chamber of Commerce and Industry, Vietnam Bar Federation, and a number of commercial arbitration centers and related agencies.

- Outputs: Amendments and supplements to the Law on Commercial Arbitrations regarding the statute of limitations and competence for enforcement and explanation of arbitral awards, etc.

- Implementation time: 2024.

d/ To review and evaluate the implementation of, and propose amendments and supplements to, regulations on bankruptcy in order to address difficulties and remove obstacles in the civil judgment enforcement work in general and in the enforcement of judgments or rulings on business or commercial matters in particular.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Supreme People’s Court and related agencies.

- Outputs: Written proposals and recommendations sent to the Supreme People’s Court.

- Implementation period: 2023 and the following years.

dd/ To study, propose and submit to the Government the Decree amending and supplementing a number of articles of the Government’s Decree No. 62/2015/ND-CP of July 18, 2015, detailing and guiding the implementation of a number of articles of the Law on Enforcement of Civil Judgments; and Decree No. 33/2020/ND-CP of March 17, 2020, amending and supplementing a number of articles of Decree No. 62/2015/ND-CP, focusing on amending and supplementing provisions on order and procedures for disposal of property subject to the judgment enforcement being shares, stocks and contributed capital amounts (verification of the value of contributed capital amounts, and distraint, appraisal and auction of contributed capital amounts, shares and stocks, etc.).

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Supreme People’s Court, Supreme People’s Procuracy, Ministry of Finance, Ministry of Planning and Investment, State Securities Commission of Vietnam, and related agencies.

- Outputs: Report on review and evaluation results; draft revised decree(s).

- Implementation time: 2024.

e/ To study and clarify lawyers’ role and responsibilities in the civil judgment enforcement, and propose amendments and supplements to current regulations.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Vietnam Bar Federation and related agencies.

- Outputs: Report on study results and proposals and recommendations.

- Implementation time: 2023.

2. Improving the effect of the system of civil judgment enforcement agencies, upholding the sense of responsibility of, and effectiveness of the coordination among, functional agencies in business or commercial judgment enforcement; resolutely completing the enforcement of business or commercial judgment enforcement cases with sufficient execution conditions; adopting solutions to coordinate with related agencies in strictly and resolutely handling cases of obstructing or opposing business or commercial judgment enforcement, intentionally delaying judgment execution of, or failing to execute judgments.

a/ To guide, direct, address difficulties and remove obstacles in the execution of business or commercial judgment enforcement cases with sufficient execution conditions, particularly high-value and complicated cases; credit- and banking-related cases; and property for which security interests and distraint and freezing measures have been applied.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Ministry of Public Security, Ministry of Natural Resources and Environment, Ministry of Finance, State Bank of Vietnam, provincial-level and district-level People’s Committees, people’s courts and people’s procuracies at all levels, and related agencies.

- Outputs: Issuance of directive and executive documents.

- Implementation period: Every year.

b/ To raise the sense of responsibility of, and effectiveness of the coordination among, civil judgment enforcement agencies and functional agencies in charge of judgment enforcement as follows: natural resources and environment agencies shall promptly provide information on verification of judgment debtors’ conditions for execution of land-related judgments; public security offices shall intensify effective and close coordination with civil judgment enforcement agencies in ensuring security during the process of coercive enforcement of judgments, especially in complicated judgment enforcement cases that may exert impacts on local security and order, and in criminally handling cases of obstructing or opposing judgment enforcement or failing to execute judgments in accordance with law; to study and propose handling measures and sanctions to be imposed when competent agencies fail to coordinate with other agencies or show irresponsibility in coordination in the judgment enforcement work.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Ministry of Natural Resources and Environment, Ministry of Public Security, Supreme People’s Procuracy, Supreme People’s Court, provincial- and district-level People’s Committees, and related agencies.

- Outputs: Coordinating, directing and guiding documents.

- Implementation period: Every year.

c/ To uphold the role, sense of responsibility and operational effectiveness of Steering Committees for Civil Judgment Enforcement at all levels in the coercive enforcement of business or commercial judgments, especially in directing the coercive enforcement of large and complicated cases that affect local political security, social order and safety; to direct functional agencies to closely coordinate with credit institutions, property and land administration agencies and related agencies in providing sufficient and accurate information on accounts, property and land at the request of civil judgment enforcement agencies, and promptly apply property security interests and distraint, freezing and disposal measures in the course of business or commercial judgment enforcement.

- In-charge agencies: Provincial-level People’s Committees.

- Coordinating agencies: Provincial-level people’s procuracies and people’s courts, and related agencies.

- Outputs: Coordinating and directing documents.

- Implementation period: Every year.

d/  To organize central inter-disciplinary inspection teams to promptly detect, remedy and mitigate violations, corruption and negative phenomena; to impose both Party and administrative disciplining measures against, and propose criminal handling of, violators, thereby improving the effect and effectiveness of the state management and creating drastic changes in the business and commercial judgment enforcement.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Central Party Committee’s Internal Affairs Commission, Supreme People’s Procuracy, Ministry of Public Security, and related ministries and agencies.

- Outputs: Decisions on formation of inspection teams, inspection plans, and central inter-disciplinary inspection conclusions.

- Implementation period: Every quarter or on an unscheduled basis.

dd/ To intensify the implementation of measures to prevent and control violations in business or commercial judgment enforcement, resolutely and strictly handle cases of obstructing or opposing judgment enforcement, intentionally delaying judgment execution, or failing to execute judgments in accordance with the Penal Code.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Supreme People’s Procuracy, Ministry of Public Security, and related agencies.

- Outputs: Handling measures and decisions.

- Implementation period: Every year.

e/ To enhance the management, and intensify the inspection and examination of property price appraisal organizations and property auction organizations in business or commercial judgment enforcement; to strictly control the auction of property for the civil judgment enforcement, focusing on intensifying the inspection of the selection of property auction organizations, publicizing the property auction by civil judgment enforcement agencies on the National Portal on Property Auction; to promote the holding of online auction of property subject to the judgment enforcement.

- In-charge agency: The Ministry of Finance (for price appraisal) and Ministry of Justice (for property auction).

- Coordinating agencies: The Supreme People’s Procuracy, Supreme People’s Court, Ministry of Finance, Ministry of Public Security, and related agencies.

- Outputs: (i) The promulgation of plans and documents to implement solutions to control price appraisal work and property auction  in the civil judgment enforcement on the National Portal on Property Auction; (ii) the holding of online auction of property subject to the judgment enforcement.

- Implementation period: 2023 and the following years.

g/ To improve the quality and effectiveness of training and retraining activities, thus contributing to building the civil judgment enforcement system’s contingent of cadres, civil servants and public employees with appropriate qualities, capabilities and qualifications, ensuring the effective performance of functions and tasks of civil judgment enforcement agencies, and meeting requirements of the judicial reform and international integration.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Ministry of Home Affairs, Ministry of Finance, and related agencies.

- Implementation period: Every year.

3. Publicizing and making transparent the process of civil judgment enforcement, ensuring the right to access information and participate in supervision of organizations and individuals; stepping up the dissemination among, and raising the awareness of, agencies, organizations and people about the compliance with the law on the enforcement of judgments and rulings on business or commercial matters.

a/ To improve the civil judgment enforcement database, focusing on data on business or commercial judgment enforcement, specifically: to improve the software for management of the electronic database on civil, business or commercial judgment enforcement; to consolidate information technology infrastructure facilities, equipment and human resources for establishing, operating and managing the database on civil, business or commercial judgment enforcement.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Supreme People’s Court, Supreme People’s Procuracy, Ministry of Information and Communications, Ministry of Public Security, and related ministries and agencies.

- Outputs: The civil judgment enforcement database comprising the database on business or commercial judgment enforcement which will be clear, public, transparent and accessible for search and use and well serve the management, direction and administration work.

- Implementation period: 2023-2025.

b/ To study the mechanism for coordination, exchange, integration and synchronization between the civil judgment enforcement database in general and databases and information on enterprises and judgment debtors’ property, income, accounts, etc., which are being kept at competent agencies and organizations (the national population database, databases on notarization, social insurance, land registration, secured transaction registration, enterprise registration, etc.) so as to make the information search and exploitation easy and fast, thereby creating favorable conditions for enforcers to verify and apply security interests and coercive measures upon organizing the enforcement of judgments or rulings on business or commercial matters.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The State Bank of Vietnam, Ministry of Public Security, Ministry of Natural Resources and Environment, Ministry of Transport, Ministry of Information and Communications, Vietnam Social Security, and related agencies.

- Outputs: Study reports, proposed programs and plans or regulations on inter-disciplinary coordination

- Implementation period: 2023-2025.

c/ To make transparent and publicize stages of the process of judgment enforcement, such as results of the verification of judgment execution conditions, and the selection of property price appraisal organizations and property auction organizations; to strictly and publicly post information on judgment debtors who are unable to execute judgments; to study mechanisms for publicizing the list of cases that lack judgment execution conditions and have been placed under separate monitoring.

- In-charge agency: The Ministry of Justice.

- Coordinating agencies: The Ministry of Information and Communications, and related agencies.

- Outputs: Study reports, proposals and recommendations

- Implementation period: 2023 and 2024.

d/ To intensify the communication among agencies, departments and sectors in the political system about their roles and responsibilities in the civil judgment enforcement; to intensify law popularization and dissemination to make the people fully aware of their rights, obligations and responsibilities in observing the law, and executing competent agencies’ judgments or decisions; to organize the provision of information and public communication about, and dissemination of, the enforcement of judgments or rulings on business or commercial matters among enterprises, credit institutions, foreign bank branches, lawyers, etc., in order to improve the effectiveness of the civil judgment enforcement in general and business or commercial judgment enforcement in particular.

- In-charge agencies: The Ministry of Justice, Ministry of Information and Communications, Ministry of Natural Resources and Environment, Ministry of Public Security, State Bank of Vietnam, Steering Committees for Civil Judgment Enforcement at all levels, Vietnam Chamber of Commerce and Industry, Vietnam Banks’ Association, and Vietnam Bar Federation.

- Coordinating agencies: The Ministry of Justice and related agencies.

- Outputs: Plans on provision of information, public communication and dissemination.

- Implementation period: Every year.

V. FUNDS FOR IMPLEMENTATION

Funds for implementation of the Scheme shall be allocated from the state budget under the Law on the State Budget’s provisions on budget decentralization; and others lawful contributions and donations (if any). Annually, ministries and central agencies and localities shall, within the ambit of their functions and tasks, formulate specific plans and estimates of funds for implementation of the Scheme, and include them in their annual budget plans and estimates for submission to competent authorities for approval.

VI. ORGANIZATION OF IMPLEMENTATION

1. Assignment of the responsibility to implement the Scheme:

a/ The Ministry of Justice shall assume the prime responsibility for, and coordinate with related agencies and organizations in, organizing the implementation of the Scheme; formulate specific programs and plans on implementation of the Scheme; and organize preliminary and final reviews of the implementation of the Scheme for summing up and regularly reporting the Scheme implementation results to the Prime Minister.

b/ The Ministry of Natural Resources and Environment shall expeditiously complete the building of the national land database; direct natural resources and environment agencies at all levels in promptly providing information for verification of judgment execution conditions of land-related judgment debtors; and make e-connections in the settlement of administrative procedures regarding grant of certificates of land use rights, with a view to creating favorable conditions for the convenient, swift and accurate verification of judgment execution conditions in the course of business or commercial judgment enforcement.

c/ The Ministry of Public Security shall coordinate with the Ministry of Justice in connecting the National Population Database with other specialized databases so as to create conditions for the convenient, swift and accurate verification of judgment execution conditions in the course of business or commercial judgment enforcement; direct public security offices in closely and effectively coordinating with civil judgment enforcement agencies in ensuring security in coercive enforcement of judgments, especially for complicated cases of business or commercial judgment enforcement that exert impacts on the situation of public security and social order in localities; to criminally handle cases of obstructing or opposing judgment enforcement or intentionally delaying the execution of, or failing to execute, judgments in accordance with law.

d/ The Ministry of Finance shall enhance the management, inspection and examination of price appraisal organizations in order to promptly detect and strictly handle violations, thus contributing to rectifying the price appraisal work in the field of civil judgment enforcement; direct and coordinate with the Ministry of Justice in guiding, and addressing difficulties and removing obstacles in, handling judgment debtors’ assets being capital contributions, shares or stocks; and allocate current expenditures in its annual budget estimates for the performance of tasks set in the Scheme in accordance with law.

dd/ The Ministry of Information and Communications shall direct news and press agencies in intensifying the provision of information and public communication about contents of the Scheme; and increase time volumes for publishing or broadcasting special pages and columns on dissemination and education of the law on business or commercial judgment enforcement.

e/ Provincial-level People’s Committees and Steering Committees for Civil Judgment Enforcement shall:

- Continue directing the civil judgment enforcement in their localities, considering the civil judgment enforcement as a responsibility of the entire political system, which is associated with the performance of tasks of socio-economic development and security and order assurance in their localities; direct civil judgment enforcement agencies and district-level Steering Committees for Civil Judgment Enforcement in focusing on organizing the enforcement of business or commercial judgments involving large values or facing difficulties or complexities; direct specialized departments, divisions and sectors in properly coordinating with civil judgment enforcement agencies, especially in the coercive judgment enforcement and verification of judgment execution conditions.

- Base themselves on practical conditions of their localities to allocate funds and budgets for the performance of the tasks set forth in the Scheme; and, upon the completion of the Scheme, hand over the Scheme’s outputs to the Ministry of Justice for summing up and reporting to the Prime Minister.

g/ The Vietnam Chamber of Commerce and Industry shall closely coordinate with the Ministry of Justice and related agencies in compiling documents, and organizing seminars and workshops to disseminate and provide information and accurately report on the quality and effectiveness of the civil judgment enforcement in the settlement of business or commercial disputes so as to gain enterprises’ and investor’ trust in Vietnam’s enforcement of judgments on dispute settlement, thus contributing to attracting investment capital and creating resources for the national socio-economic development; and, at the same time, contributing to improving the awareness and sense of observance of the law on judgment enforcement of enterprises and investors.

h/ Ministries, sectors and related agencies shall, within the ambit of their functions and tasks and based on practical conditions, coordinate with the Ministry of Justice in effectively performing the tasks set forth in the Scheme and related to the sectors and fields under their management and send outputs of task performance to the Ministry of Justice for summing up.

2. To request the Supreme People’s Court:

a/ To amend and supplement legal documents on bankruptcy so as to promptly address difficulties and remove obstacles facing the implementation of bankruptcy declaration rulings.

b/ To continue improving the quality of adjudication of business or commercial cases, ensuring their feasibility and attaching importance to on-site inspection and appraisal prior to the adjudication so as to accurately identify legal origins, use status and value of assets in order to ensure the practicality and feasibility of pronounced judgments; to direct courts at all levels in strictly complying with regulations on delivery of judgments and documents related to distrained or frozen assets; to promptly correct and explain judgments and petitions of competent civil judgment enforcement agencies.

3. To request the Supreme People’s Procuracy:

a/ To intensify the supervision of civil judgment enforcement activities in general, and enforcement of business or commercial judgments in particular; to focus on supervising the law observance by agencies, organizations and individuals involved in the civil judgment enforcement; to promptly and effectively implement measures to prevent and handle violations in order to ensure that the enforcement and execution of business or commercial judgments comply with law.

b/ To lead and direct people’s procuracies at all levels to intensify the supervision of the civil judgment enforcement regarding business or commercial judgments carried out by civil judgment enforcement agencies and enforcers; to supervise the delivery of business or commercial judgments, correction and explanation of judgments, consideration and response by courts to requests for cassation and re-opening hearings of competent civil judgment enforcement agencies regarding business or commercial judgments and rulings. For other agencies, organizations and individuals involved in the enforcement of business or commercial cases, people’s procuracies shall attach more importance to supervising the law observance in activities related to the civil judgment enforcement so as to promptly detect violations and errors for making recommendations or taking other appropriate handling measures in accordance with law; to remediate consequences and preclude violation causes and conditions.

4. To request the Vietnam Lawyers’ Association to, based on the review and general evaluation of the 2010 Law on Commercial Arbitration’s provisions and its detailing and guiding documents, propose amendments and supplementations to the Law in order to address difficulties and remove obstacles related to the civil judgment enforcement in general and enforcement of business or commercial rulings in particular.

5. To request the Vietnam Bar Federation:

a/ To coordinate with the Ministry of Justice in studying and clarifying the role and responsibility of lawyers in the civil judgment enforcement, and propose amendments and supplements to current relevant regulations.

b/ To assume the prime responsibility for holding dialogues to disseminate, publicize and further heighten the role and involvement of lawyers in the              enforcement of business or commercial judgments.

6. To request the Vietnam Banks Association:

a/ To sum up problems and difficulties in the enforcement of business, commercial and banking credit cases’ judgments.

b/ To organize conferences (dialogues) and workshops to address difficulties and remove obstacles in, and propose mechanisms and policies related to, the civil judgment enforcement, and improve the legal framework for the civil judgment enforcement.

7. To request National Assembly deputies’ delegations, People’s Councils at all levels, the Vietnam Fatherland Front, and socio-political organizations to attach greater importance to supervising the enforcement of business or commercial judgments, especially the execution by agencies, organizations and individuals involved in the enforcement of business or commercial judgments and rulings, and coordination among, and responsibilities of, agencies, departments and sectors in the implementation of requests for organization of enforcement of business or commercial judgments and rulings by civil judgment enforcement agencies; to mobilize their deputies, members and people to strictly comply with court judgments and rulings, and coordinate with, and comply with requests and decisions of, civil judgment enforcement agencies in organizing the enforcement of business or commercial judgments to ensure the strictness and fairness of law.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decision.-

Prime Minister
PHAM MINH CHINH