Một số vấn đề lý luận và thực tiễn về cưỡng chế thi hành án dân sự ở việt nam astract

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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: Dr Dinh Trung Tung 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: 1) National Library of Viet Nam; 2) Library of Hanoi Law University / / 2017 PREAMBLE Execution of civil judgments plays an important role in contributing to ensuring the effective enforcement of judgments and decisions which are enforced according to the procedures for civil judgment execution Besides convincing the litigants to voluntarily execute the judgments, in many cases it is necessary to enforce civil judgments, however, the enforcement of civil judgments directly affects the property rights and the personal identity of the person to whom the judgment is enforced and the persons involved, give rise to, change or terminate the rights and obligations of the subject Therefore, the provisions on enforcement of civil judgment must meet the criteria for ensuring the efficiency of the enforcement of judgments, against acts of shirking, obstructing, opposing or delaying the enforcement of judgments, at the same time, it is necessary to ensure respect for the legitimate rights and interests of the relevant stakeholders The provisions on measures, order and procedures for enforcement of civil judgments should be prescribed in accordance with the nature of each obligation to be enforced The study shows that basic regulations on enforcement of civil judgments are recognized and enforced by Vietnamese law but have revealed certain limitations that are one of the causes The status of the case remains unsatisfactory to meet the protection requirements 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 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 forces, at very high costs; the results of enforcement of civil judgments in many cases have not really protected the interests of litigants, especially in the case of distraint, property auctions, civil court execution time long Many cases where the judgment debtors oppose the enforcement of civil lawsuits, intentionally forfeit or dispersed property, even destroy the distrained property or selfimmolate to obstruct the examination Civil litigation This situation requires deep research on the enforcement of civil judgments, both under theoretical and practical law, to clarify the scientific basis for the development of regulations On the enforcement of civil judgments, to assess the current situation of law and to work out solutions to improve the efficiency of enforcement of civil judgments in Vietnam From the angle of the Party's line on judicial reform, improving the efficiency of the enforcement of civil judgments and improving the law on enforcement of civil judgments is one of the important contents of the judicial reform The way the judiciary is mentioned in many texts of the Party The practice of enforcing civil judgments imposes objective requirements that require in-depth study on the enforcement of civil judgment and propose solutions to ensure the effectiveness of this work In academia, the study of enforcement of civil judgments in recent years has been paid attention, there are many research works expressed in the form of scientific topics, theses, dissertations, books, essays professional seminars, commentary workshops, reviews related to the enforcement of civil judgments with different angles of access Each approach to enforcement of civil judgment has its strengths but also has certain limitations However, at present, there is not yet any work approaching in-depth and comprehensive 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 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 regulations on enforcement of civil judgments of some countries in the world, orientation for theoretical and evaluation clarification The current state of law, especially the limitations and inadequacies of the law and the practical implementation of the law on enforcement of civil judgments, thus raising the requirements and solutions to improve the effect of enforcement of civil judgments in Vietnam The contents of the dissertation were studied on the basis of the correct methodology, the science of Marxism-Leninism and Ho Chi Minh's thought on the state and law, and on the other hand using the methodology studied Study other relevant subjects such as: analysis, proof, comparison, interpretation and sociology, field surveys, statistics to clarify research issues New scientific contributions to the thesis include: Firstly, the dissertation has systematically and additionally deepened the theoretical issues on the enforcement of civil judgments, including the concepts, characteristics, meanings and principles for enforcement of civil and background judgments, the science of the development of civil law enforcement regulations, factors affecting the effect of enforcement of civil judgments, criteria for assessing the effect of enforcement of civil judgments, to build a general picture of the formation and development of the law of Vietnam on enforcement of civil judgments and legal experiences of some countries on enforcement of civil judgments Secondly, the dissertation synthesized and systematically analyzes the current legal documents in Vietnam to clarify the current law on enforcement of civil judgment and the enforcement of enforcement law Civil litigation, which assesses the results achieved, the limitations, the existence and causes of limitations, the existence of civil law enforcement enforcement, both in law and 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 OVERVIEW OF RESEARCH ISSUES At the forum of scientific research in the country and abroad, there have been many researches and comments related to the enforcement of civil judgment Relevance of published works First of all, regarding the relevance of published works to the theory of enforcement of civil judgments, it is possible to see that most of the works have not yet been generalized and easily confused with the concept of enforcement Civil law with the concept of "enforcement measures for civil judgment" does not accurately and fully reflect the concept of enforcement of civil judgment Some works refer to the characteristics, meanings, principles, order and procedures for enforcement of civil judgments but not yet fully and profoundly linked to the history of enforcement of law on enforcement Civil cases, as well as not deeply reflect the issue of enforcement of civil judgments in accordance with the law in foreign countries Criteria for assessing the effect of enforcement of civil judgments have not been mentioned Secondly, regarding the relevance of the published works to the current state of law and the practical implementation of civil enforcement law enforcement, none has fully reflected the current state of law and practice To observe the law on enforcement of civil judgment, with data on enforcement of civil judgments on all measures for enforcement of civil judgments nationwide; The actual implementation of civil law enforcement has not been updated in recent years 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 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 19 - The provisions on assets which are not distrained or handled in the execution of civil judgments have basically met the requirements on the assurance of human rights, the humanity and law of the judgment debtors, however, there is no clarity on what property is banned from circulation in accordance with the law; it is difficult to determine which cases are not disturbed, which cases are not handled property - The provisions on verification of conditions for enforcement of civil judgments are not specific; the order and procedures for verifying the conditions for the enforcement of civil judgments - The regulation on the cost of enforcement of civil judgments, the current level of spending is still low, is not appropriate to the actual situation, there is no regulation that the person to be served the judgment advance the cost of enforcement of civil judgment, causing difficulties for civil judgment enforcement agencies in the course of enforcement of civil judgment 2.1.2 The status quo of enforcement of payment obligations - On the deduction of money in the account, the time limit for deduction of money in the account still does not meet the requirements of the effectiveness of the coercion; the time limit for voluntary enforcement of the judgment and the time limit for coercive deduction of money in the account are contradictory; there are no specific rules on unconstrained amounts in the account - Regarding the recovery and handling of money and valuable 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 20 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 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 ensured the enforcement of judgments and are unfavorable to the involved parties; assignment of preserved judgment enforcement property has been improperly distrained; signing a service contract 21 with a valuer of the distrained property; there is no specific regulation on how the Executors determine the prices of distrained property - On the exploitation of property of the judgment debtors, which have been basically set up, have satisfied the requirements of ensuring the interests of both the judgment creditors and the judgment debtors Strictly handle if the judgment debtors or the persons currently engaged in the exploitation of assets fail to pay money under coercion decisions to the Executors, they can not request the judgment debtors or the persons currently engaged in the exploitation of assets to pay in specific, fixed amount how much under coercion decision; It is difficult to determine the income from the exploitation of assets 2.1.3 Status of regulations on enforcement of the obligation to deliver and return property - For coercive return, the law was based on the classification of property in civil law as the object of the same type or material to establish the corresponding provisions is quite reasonable However, the provisions on coercive return to the person before the determination of the value of the object is unreasonable, the conversion mechanism between compulsory return and coercive payment is unclear - Coercive return of houses, house allocation, no specific regulations on coercion to return houses has changed the current 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 22 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 obligation to perform certain tasks - Compulsory forcible failure to perform certain jobs, not paying attention to material sanctions for acts of non-termination of work 23 must not be done in order to ensure the legitimate interests of the judgment creditors and have many points, the restriction is similar to the limitation of coercion to enforce certain work 2.2 Practical implementation of law on enforcement of civil judgment 2.2.1 Some of the results achieved in civil enforcement enforcement of civil judgments, the author has spent much time and effort to study and investigate the practical work of enforcement of civil judgments in enforcement agencies civil cases nationwide from October 1, 2008 to September 30, 2016 to review results as well as shortcomings and limitations for each type of coercive civil judgment enforcement in practice 2.2.2 The shortcomings and limitations in the enforcement practice of civil judgments and causes - There are also a large number of unsuccessful civil enforcement cases The enforced enforcement of civil judgments of the Bailiff is very limited There are still errors in the enforcement of civil judgments, such as improperly determining the judgment execution competence, leading to coercive jurisdiction and embarrassment in carrying out the order and procedures for coercive civil judgment execution In the development of coercive and distrained properties The coordination of agencies and organizations involved in the enforcement of civil judgments is limited The facts of the case are unclear, difficult to enforce and explain the court's judgment beyond the contents of the judgment leading to problems in the enforcement of civil judgment still exist There are many cases of 24 complaints lasting; wrongly filed complaints and denunciations to delay the enforcement of civil judgments - The cause of the shortcomings, restrictions, objectively due to law restrictions; the number of jobs and money spent on civil enforcement has been increasing; in cases where coercive property has been distrained and valued, it is difficult to sell; the organization of civil judgment enforcement has not yet been strengthened; facilities, funding for enforcement of civil judgments is very difficult; many of the judgments and decisions of the Court are unclear or difficult to execute, there are grounds for protest according to cassation or reopening procedures; the sense of law enforcement in enforcement of civil judgments of some organizations and individuals is not high On the subjectivity, the ability and level of legal development of the consultants to promulgate legal documents on enforcement of civil judgments is limited; the management and direction of enforcement of civil judgments in civil judgment enforcement agencies has not yet met the requirements; many civil judgment enforcement agencies, Executors, Bailiffs are not really drastic, lack of specific solutions, effective in organizing the enforcement of civil judgments; professional competence, sense of responsibility and leading examples of leading officials and Bailiffs have not yet led to errors or violations in the enforcement of civil judgments; not yet exploited, maximizing the features and benefits of information technology in the enforcement of civil judgments 25 CHAPTER REQUIREMENTS AND SOLUTIONS TO IMPROVE THE EFFICIENCY OF CIVIL JUDGMENT EXECUTION IN VIETNAM 3.1 Requires enhancement of civil enforcement enforcement in Vietnam 3.1.1 To meet the requirements of the building of a socialist rule-of-law State of the people, by the people and for the people 3.1.2 Ensuring human rights, fundamental rights of citizens 3.1.3 Ensure the mobilization of active participation of agencies, organizations and individuals in the enforcement of civil judgments 3.1.4 Appropriate and serve the renovation policy, the policy of administrative reform, judicial reform of the Party and the State 3.1.5 Solutions to improve the efficiency of enforcement of civil judgments must be uniform, feasible 3.2 Measures to improve the effect of enforcement of civil judgments in Vietnam 3.2.1 The solution to perfect the law on enforcement of civil judgment - To promulgate legal documents on enforcement of judgments in a legal form, which is the Code of Execution of Judgments, which governs all domains of judgment execution, thus creating favorable conditions for grasping the law provisions on forcible execution of civil judgments, but in the immediate future, the Law on Civil Judgment Enforcement shall be revised in the direction of comprehensive revision, including provisions on the enforcement of civil judgments 26 - Specific legal provisions on enforcement of civil judgments which need to be amended and supplemented: + Expanding the subject has the right to conduct the enforcement of civil judgments Extend the scope of enforcement of civil verdicts for notarized, certified and conciliation agreements + Change of grounds for enforcement of civil judgments by the "grounds for organizing the enforcement of judgments" Additional provisions on the appointment of assets for enforcement of civil judgment Specific provisions on verification of conditions for enforcement of civil judgment, the time limit for application of coercive measures for deduction of money in accounts + The law on the enforcement of money recovery and handling of the judgment debtors currently held by the third party has been determined by the judgment or decision of the Court which is taking legal effect Extend the scope of application, raise the highest level to be deducted from the income, regulate the deduction of income for policy payments + To supplement regulations on procedures for distraint and auction of assets of state agencies and State enterprises for the execution of judgments Specific provisions on distraining houses are the sole residence, the property of the judgment debtors built on the land of other persons and on the land of the judgment debtors have property of other persons, aircraft, ships, agricultural land use rights, property not distrained, methods of asset valuation, valuation and auction of shares, delivery of property preservation of judgment execution + The regulation on house-take-up is an independent measure of coercion in the system of measures for enforcement of civil 27 judgments, specific and specific regulations on house-restraint enforcement, assists in the creation of new accommodation for the judgmental and their families + Regulation on separation of coercive measures for compelling the performance of certain jobs and failure to perform certain jobs into two separate sections in the system of regulations on enforcement of civil judgments and specific regulations on Measures to enforce this civil judgment + Additional provisions on the execution of civil judgment enforcement costs Issue the process of enforcement of civil judgment To specify the responsibilities of the concerned agencies, organizations and individuals in the enforcement of civil judgments; measures to support the enforcement of civil judgments and sanctions against acts of violation in the enforcement of civil judgments + Procedures forcing the judgment debtors to concentrate their labor force and calculate the remuneration of the prisoners when they focus on renovating for the payment of civil debt execution obligations + To stipulate the priority mechanism for persons forced to hand over houses, to return houses without residential houses, to purchase or rent social houses in order to facilitate the coercive execution of civil court houses - To complete other legal fields related to the enforcement of civil judgments and create conditions for the effective enforcement of civil judgments and soon promulgate the Property Registration Law so that all agencies, organizations and individuals Property owners must declare and register their property in order to facilitate 28 the management of property in the whole country and to facilitate the enforcement of civil cases 3.2.2 Solution on the organization of enforcement of civil judgment - Pay attention to strictly comply with the law on enforcement of civil judgment - To promote better the coordination among the concerned agencies, organizations and individuals in the enforcement of civil judgments - Enhance the application of information technology in the enforcement of civil judgments 3.2.3 Solutions to ensure the necessary conditions for the enforcement of civil judgments - To consolidate the organization of the civil judgment apparatus; to build a team of Executors, Bailiffs, Judges in sufficient quantity to meet the requirements of quality - Strengthening of the control, supervision, inspection, inspection and review of experiences of enforcement of civil judgment enforcement - Ensuring the funding, material foundations and means for enforcing the civil judgments - Strengthening propaganda and education to raise the law awareness on enforcement of civil judgment - Timely motivating, rewarding and strictly handling violations in the enforcement of civil judgments 29 GENERAL CONCLUSION From the systematic study of the enforcement of civil verdicts, the dissertation sheds light on the basic theoretical issues of enforcement of civil judgments Chapter of the dissertation also analyzes and demonstrates clearly the hypothesis of research on the basis of comparison with the results of theoretical research in Chapter of the thesis, thus clarifying the actual state of law and realities, law on the enforcement of civil judgments in Vietnam The study and analysis is conducted from the general regulations on the enforcement of civil judgment to the specific regulations on each type of civil enforcement measures to detect the advantages and limitations, the shortcomings of the law lead to difficulties and obstacles, reducing the effect of civil enforcement on civil judgments Chapter of the dissertation is conducted on the basis of studying, surveying and summing up the results of enforcement of civil judgments from 01/102008 to 30/92016 for each type of coercive judgment execution, specific civil cases as well as analyzes of cases of enforcement of civil cases typical in localities to clarify the current situation of law and practical implementation of law on enforcement of civil judgments Based on the synthesis of research results, the dissertation clarifies the subjective and objective causes that limit the effectiveness of the enforcement of civil judgment Based on the synthesis of research results, Chapter of the dissertation has explained the basic requirements as well as the major solutions of improving the efficiency of enforcement of civil judgments in Vietnam The solutions to improve the efficiency of enforcement of civil judgments in Vietnam are proposed, including 30 03 groups of solutions to improve the law, organize the implementation and necessary conditions for enforcement of civil judgments Proposed solutions take into account the long-term roadmap as well as specific recommendations to remove difficulties and obstacles from civil enforcement enforcement LIST OF WORKS BY AUTHOR HAS DISCLOSURE OF TOPICS RELATED TO THE THESIS Le Anh Tuan (1998), "Some issues need improvement in law enforcement", Journal of Democracy and Law, No 8/1998 Le Anh Tuan (2000), "Focus on the task of managing the state of a clue to improve the efficiency of project implementation," State management Journal, No 2/2000 Le Anh Tuan (2001), "Some shortcomings in the implementation of the decision to declare bankruptcy of enterprises", Journal of Democracy and Law, No 12/2001 Le Anh Tuan (2002), "Some problems in the administrative enforcement" Legal Journal, No 9/2002 Le Anh Tuan (2003), "The statute of the law enforcement of judgments in civil enforcement Vietnam", Journal of Democracy and Law, No 10/2003 Le Anh Tuan (2003), "Inventory of assets of the business to judgment", Journal of Democracy and Law, No 5/2003 Le Anh Tuan (2004), "Some ideas on enforcement measures deducted from the income of the judgment debtor", Journal of Democracy and Law, the number of references to enforcement of 31 civil judgments and the settlement of complaints and denunciations in the judgment Le Anh Tuan (2004), "The order and procedures for the reconciliation of civil judgment execution", Journal of Democracy and Law, the number of references to enforcement of civil judgments and resolving complaints, denunciation of judgment Le Anh Tuan (2004), "Some Notes on the implementation of the enforcement notice", Journal of Democracy and Law, some thematic auction of assets of civil judgment execution 10 Le Anh Tuan (2005), "The relationship between enforcement agencies and Executors with individuals and organizations", Academy of Justice, Curriculum Skills civil judgment execution 11 Le Anh Tuan (2005), "Notification of judgment", the Academy of Justice, Curriculum Skills civil judgment execution 12 Le Anh Tuan (2005), "End of the execution of judgments", the Academy of Justice, Curriculum Skills civil judgment execution 13 Le Anh Tuan (2005), "Skills to implement the decision to declare bankruptcy", the Academy of Justice, Curriculum Skills civil judgment execution, 2005 14 Le Anh Tuan (2005), "Financial Management Mechanism funding enforcement of civil judgments," Journal of Democracy and Law, the number of references to a civil judgment execution 15 Le Anh Tuan (2008), "The implementation of the transfer of a number of enforcement cases to the commune-level People's Committees directly supervise implementation", Journal of Democracy and Law, some thematic 32 16 Le Anh Tuan (2009), "The role of the courts in civil enforcement", Journal of Democracy and Law, some thematic civil judgment execution and socialization problems 17 Le Anh Tuan (2009), "Some problems in valuation of assets of civil judgment execution", Journal of Democracy and Law, No 9/2009 18 Le Anh Tuan (2010), "Coercion distraint, handling property of the judgment debtor", Journal of Democracy and Law, some thematic civil judgment execution 19 Le Anh Tuan, Nguyen Thanh Thuy (2012), "The positive impact, constraints and solutions to improve the efficiency of the Civil Judgment Enforcement Act 2008", Journal of Democracy and Law, specialized To perform civilian law enforcement 20 Le Anh Tuan (2013), "Some problems of distraint and auction of land use rights for judgment", Journal of Democracy and Law, No 9/2013 21 Le Anh Tuan (2013), "Executors hold a decisive role in the enforcement of civil judgments," Journal of Democracy and Law, some thematic 22 Le Anh Tuan (2014), "To perform the tasks and powers of enforcement of civil judgments in corporate bankruptcy and cooperatives", Journal of Democracy and Law, some thematic Implementation Act civil enforcement 23 Le Anh Tuan (2014), "Ensuring human rights, the rights of citizens in the work of civil judgment execution", Journal of Democracy and Law, some thematic Ensuring human rights and equal citizenship judicial institutions 24 Le Anh Tuan (2015), "The new content on the enforcement of civil judgments," Journal of Democracy and Law, Law Amending 33 the thematic and supplementing some articles of the Law on civil judgment execution history 25 Le Anh Tuan, Nguyen Thi Nhan (2016), "The current situation and the measures to improve the efficiency of the auction property enforcement", Journal of Democracy and Law, thematic monthly number 3/2016 ... 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... 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 regulations on enforcement of civil... 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
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