Will enforce the judgment in Tan Viet commune

Ms. Nguyen Thi Lanh in Cam Lo village (same Tan Viet commune) married Mr. Xuyen in 1992. In 2015, Mr. Xuyen and Ms. Lanh had conflicts and lived apart. They have no children together.

According to the first instance judgment 46/2020/HNGD-ST dated September 15, 2020 of Thanh Ha District People's Court, the appeal judgment 04/2021/HNGD-PT dated March 31, 2021 of Hai Duong Provincial People's Court, Mr. Xuyen and Ms. Lanh have a common asset of the right to use 378.25 m², land plot number 125a, map sheet number 2, worth more than 3.7 billion VND and a 2-storey house worth more than 443 million VND in Ngoc Lo village. After the divorce, Mr. Xuyen was entitled to use 261.25 m²land and owns a 2-storey flat-roofed house, solidly built, along with all the structures, trees, and crops on the divided land. Mr. Xuyen has the responsibility and obligation to open the path to the divided land and must pay the difference in value of the common property in cash of 634 million VND to Ms. Lanh. Mr. Xuyen must hand over the property to Ms. Lanh, including the right to use 126 m²The land located in the above plot of land and all structures, trees and crops on the divided land area.

After the judgment became legally effective, Ms. Lanh filed a request for enforcement. The Thanh Ha District Civil Judgment Enforcement Office issued a decision to enforce the judgment and coordinated with the People's Committee of Tan Viet Commune and relevant agencies and units to repeatedly persuade, encourage, and urge Mr. Xuyen, but he did not cooperate and did not voluntarily enforce the judgment.

According to the Thanh Ha District Civil Judgment Enforcement Office, Mr. Xuyen's legal awareness was incomplete and somewhat limited, and he always believed that the land area was left by his ancestors. He did not agree with the content of the court's judgment and did not agree to divide the property with Ms. Lanh. In addition, Mr. Xuyen was incited by some people who lacked legal knowledge, so he showed many signs of frustration. Mr. Xuyen himself had mobilized a large number of people and had acts of obstructing and opposing the enforcement of the judgment by the Thanh Ha District Civil Judgment Enforcement Office on May 24, 2022, leading to the suspension of enforcement.

To ensure the strictness of the law and protect the legitimate rights and interests of the person subject to enforcement, relevant authorities are coordinating to prepare conditions for organizing the enforcement of the judgment against Mr. Xuyen.