Educating, mobilizing, and persuading litigants to voluntarily execute civil judgments is considered a "one-arrow, many-target" solution applied by enforcement officers of civil judgment enforcement agencies at two levels in the province.
Enforcement officers of the provincial Civil Judgment Enforcement Department propagate and mobilize the parties in a property dispute after divorce in Tan Hung ward (Hai Duong city) on the morning of May 18.
To limit the occurrence of complicated enforcement cases, officers and enforcement officers of the civil enforcement agencies at two levels in the province have strengthened education, mobilization and persuasion for the litigants to voluntarily enforce the judgment. To find effective mobilization and persuasion directions, the enforcement officers must first carefully study the judgment and decision of the judgment, learn about the personal background and relationships of the litigants. Then, meet, educate and propagate so that the litigants are aware of their rights and obligations and voluntarily enforce the judgment.
According to Mr. Nguyen Ngoc Thinh, Head of the Department of Judgment Enforcement and Organization (Civil Judgment Enforcement Department of the province), in many cases, the enforcement officers coordinate with local authorities, asking prestigious people in the family, clan, and residential area to persuade the person subject to judgment enforcement. "Educating and persuading the parties in the enforcement work is a mandatory and important measure. Therefore, the enforcement officers need to put themselves in the position of the person subject to judgment enforcement in order to thoroughly analyze the problem so that the party understands and voluntarily executes the judgment," said Mr. Thinh.
Many cases, although the amount of money is not large, are very difficult and complicated to enforce, such as land allocation, child allocation, child support after divorce, etc. A typical example is the dispute over property and child support after divorce in Nam Sach district. Specifically, Mr. BVK must pay more than 300 million VND to Ms. VTL for raising 2 children and some other amounts. Ms. L. is also responsible for paying the difference in common assets to Mr. K. of more than 246 million VND. Initially, the two parties did not agree to an agreement and voluntarily enforce the judgment. The enforcement officers met many times with the two parties to analyze the obligations of each party after the divorce. Thanks to effective persuasion, the two parties agreed and voluntarily enforced the judgment.
In difficult and complicated cases, officers and enforcement officers must be persistent, meet with the parties many times, and propagate the principle of "slow and steady wins the race". For example, in the case of the enforcement of the judgment against the party NTĐ. in Gia Loc district. The party NTĐ. had to pay the Joint Stock Commercial Bank for Foreign Trade of Vietnam (Vietcombank) more than 4 billion VND. The enforcement agency coordinated many times to persuade and mobilize the party's family to voluntarily hand over the property so that the enforcement agency could handle the property to secure the enforcement obligation. The case ended without any complaints or denunciations.
From October 1, 2022 to March 31, 2023, civil enforcement agencies in the province have completed 3,244 cases, an increase of 503 cases (18.53%) over the same period in 2022. Of which, enforcement decisions were issued for 33 cases, accounting for more than 1% of the total number of completed cases. The remaining completed cases were due to the enforcement officers doing a good job of educating, mobilizing, and persuading the judgment debtors and the parties to voluntarily execute.
After being persuaded and mobilized by the enforcement officers, the parties clearly saw their responsibilities and obligations in implementing the enforcement decision. Ms. NTH in Hai Duong City is one of three people who must enforce the judgment related to a dispute over inheritance of property and land transfer transactions. Ms. H. said that after listening to the reasonable analysis of the enforcement officers, she and the related parties voluntarily enforced the judgment to avoid conflicts.
Mr. Dong Van Kien, Chief of Office of the Provincial Civil Judgment Enforcement Department, said that the work of mobilization, education and persuasion in civil judgment enforcement activities is meaningful and highly effective. That is to take advantage of all conditions of the parties to voluntarily execute; avoid deliberate procrastination, resistance to execution and prolonged complaints and denunciations that cannot be executed. The work of mobilization and persuasion has changed the attitude of the parties from non-cooperation to voluntary, bringing about a good effect in society, contributing significantly to ensuring security and order in the area.
Recently, the provincial enforcement officers and bailiffs have been active propagandists to officials and people about the Civil Enforcement Law, Land Law, Marriage and Family Law, etc. Thereby raising legal awareness for everyone. Many cases can be reconciled right at the grassroots level, reducing the number of lawsuits and the burden on law enforcement agencies.
NGUYEN THAO