Quang Nam effectively executes large and complicated civil cases.

Many cases with large amounts of judgments will be completed by the Quang Nam Civil Judgment Enforcement Department in 2024 (illustrative photo). Photo: TC

Facing a lot of pressure

According to the leader of the provincial Civil Judgment Enforcement Department (CJD), during the process of verifying the conditions for judgment enforcement, the agency managing information on assets and accounts was slow to provide information as prescribed, or provided incomplete information, affecting the process of organizing judgment enforcement.

Determining coordinates, landmarks, and boundaries of land plots to carry out the seizure, handling of assets on land or handing over land is still difficult. Coordination in handling illegally built assets on land, especially illegally built assets on agricultural land, is slow, affecting the process of organizing the execution of judgments.

Regarding the enforcement of judgments related to bank credit, the number of cases accounts for a low proportion compared to the number of judgments to be enforced, however the amount of money to be settled accounts for a very high proportion. The enforcement cases are increasingly complicated.

The enforcement of commercial mortgage judgments faces many challenges from slow organization of seizure, handling of secured assets, verification of the current status of secured assets being real estate and inadequacies in legal regulations.

According to statistics, in 2024, the Quang Nam Department of Civil Judgment Enforcement resolved more than 14,700 cases with a total amount of nearly 7.1 trillion VND, a significant increase compared to the same period in 2023. Of which, the completion rate reached 85.37% in terms of cases and 53.17% in terms of money.

In addition, the delivery of assets and completion of procedures for transferring ownership and usage rights to the winning bidder in some cases still encountered difficulties and problems. After the seizure and auction, in some cases, the proceeds were not enough to pay for the execution obligation.

Mr. Tran Phuoc Duc - Head of the Department of Civil Judgment Enforcement and Organization said that although the Law on Civil Judgment Enforcement, the Law on Prices and the guiding documents for implementation have quite specific regulations on how to determine the value of seized assets, in practice in Quang Nam, there are some limitations.

“Laws on criminal procedure, anti-corruption, valuation, auction, land, credit, and banking are still entangled in application. Some provisions are contradictory and overlap with the Law on THADS and current guiding documents.

Regulations on the time limit for parties to agree on determining the value of assets or agree on a valuation organization are currently unclear. Regulations on procedures for appraisal and valuation are still problematic..." - Mr. Tran Phuoc Duc mentioned.

Effectiveness in execution of judgments

Facing many difficulties and pressures, the Quang Nam Department of Civil Judgment Enforcement and its affiliated units have resolved many cases with large amounts of enforcement, exceeding the target assigned by the General Department of Civil Judgment Enforcement.

Quang Nam THADS Department organized a signing ceremony of a commitment to not engage in negativity or corruption. Photo: TC

Notably, cases related to bank credit (TDNH), one of the key tasks of the industry, have been handled effectively with the number of cases and enforcement money increasing by 100% and 130% respectively. The THADS Department has focused on handling large cases with high enforcement value, especially cases related to bank credit such as the Soda case (VND 2,944 billion) and the Viet Phap steel case (over VND 300 billion).

To resolve these complicated cases, the THADS Department has established a specialized working group, focusing on the stages of asset appraisal and auction, ensuring that legal procedures are carried out in accordance with regulations.

In addition, the entire industry has actively reviewed and developed plans to thoroughly execute complicated and prolonged cases, enlisting the support of Party committees, authorities and relevant agencies, and improving the rate of successful resolution of cases that must be executed during the year.

Another notable success is the recovery of assets from criminal and economic corruption cases. In 2024, the total amount recovered reached nearly 80 billion VND. The Department has closely coordinated with prisons and relevant agencies to mobilize and persuade people subject to execution of judgments and their families to fulfill their civil obligations.

Mr. Le Van Chuong - Director of the Provincial THADS Department said that in the coming time, the Department will continue to promote administrative reform, improve staff capacity and closely coordinate with sectors and levels to thoroughly resolve major cases, contributing to ensuring the legitimate rights of related parties and promoting the stability and development of the province.

In addition, the Department will strengthen the inspection of judgment enforcement, especially units with a large number of cases to promptly detect, direct correction of errors and provide professional guidance to improve the effectiveness of judgment enforcement. The role of the Steering Committee for Judicial Enforcement at all levels continues to be promoted in directing Judicial Enforcement in general and resolving cases of commercial litigation in particular.

Standing Vice Chairman of the Provincial People's Committee Phan Thai Binh said: "Based on reality, it is necessary to review cases and do a good job of advising the Provincial Steering Committee on unenforced cases. The entire sector must thoroughly grasp and strictly implement regulations on public service, not allowing violations that affect the reputation of the enforcement sector, and have a clear and consistent viewpoint on cases that must be enforced. Timely propose amendments to legal regulations that are still inadequate in practice."

Source: https://baoquangnam.vn/quang-nam-thi-hanh-hieu-qua-cac-vu-an-dan-su-lon-phuc-tap-3146079.html