Additional facilities to protect enforcement officers

Objection to execution of judgment

At the meeting of the Legal Committee of the Hai Duong Provincial People's Council with the Provincial Civil Judgment Enforcement Agency in July 2024, the representative of the Provincial Civil Judgment Enforcement Agency stated that one of the current difficulties of civil judgment enforcement agencies is that the number of judgment enforcement cases is increasingly complicated, and sanctions and measures to handle acts of evasion and resistance to judgment enforcement are not strong enough.

A typical case is the property inheritance dispute between an aunt and her niece in Phuong Ky commune (Tu Ky) in June 2024. During the enforcement process, the person subject to the enforcement continuously had uncooperative words and actions, even throwing electric wires into the pond to obstruct the enforcement force. To ensure the safety of the forces participating in the enforcement, the provincial enforcement agency had to request Tu Ky District Electricity to temporarily cut off electricity to the household subject to the enforcement. This enforcement case had to mobilize interdisciplinary forces with many participants.

Another case is the public disorder in Thanh Ha district in December 2023. Regarding this incident, it was previously scheduled that on December 12, 2023, the Thanh Ha District Civil Judgment Enforcement Office would organize the enforcement of the judgment against Mr. Pham Van Xuyen in Tan Viet commune to divide the property after the divorce. On the morning of December 12, 2023, Mr. Xuyen's nephew posted a video on his Facebook account, calling and attracting people to gather in front of Mr. Xuyen's house to oppose and obstruct the enforcement of the judgment, causing traffic congestion, negatively affecting security and order in Tan Viet commune and neighboring areas. Some other subjects incited people to request the authorities to retry the case... After that, the authorities strictly handled the case.

According to Mr. Nguyen Van Quy, Head of the Civil Judgment Enforcement Department of Hai Duong City, civil judgment enforcement activities are related to the interests of organizations and individuals; have direct influence and impact on the assets and property rights of related entities, so the risk of opposition and fierce reactions from the parties is always present. There have been cases where enforcement officers have been sent threatening, insulting, and pressured messages.

How to protect enforcement officers?

According to Regulation No. 183-QD/TW, dated September 18, 2024 of the Politburo on protecting agencies, organizations, and civil servants in investigation, prosecution, trial, and execution of judgments, the protection of civil servants in execution of judgments includes: Protection of work positions, performance of duties, and powers; protection of reputation, honor, dignity, and confidentiality, information security, and personal data; protection of life, health, property, and other legitimate rights and interests of civil servants and relatives of civil servants in execution of judgments according to Party regulations and State laws.

Some enforcement officers in the province said that the enforcement activities, including enforcement work, always receive close coordination with related sectors. However, the protection mechanism for officers and enforcement officers still has some shortcomings. Regulation No. 183-QD/TW of the Politburo has set out specific requirements for the protection of agencies, organizations and public servants in enforcement activities. This regulation creates confidence for enforcement forces to work with peace of mind.

According to Mr. Nguyen Van Tuan, Director of the Civil Judgment Enforcement Department of Hai Duong province, with the policies and mechanisms to protect civil judgment enforcement officers and civil judgment enforcement officers established in Regulation No. 183-QD/TW, it will contribute to helping the civil judgment enforcement work of the province continue to achieve positive results; ensure that the effective judgments of the court must be strictly enforced and ensure the legitimate rights and interests of the parties.