Instruction of the Minister of Justice on Strengthening the Management and Enforcement Responsibility of Court Judgments

司法部部长关于加强法院判决管理与执行责任的指示

ຄຳແນະນຳ ຂອງລັດຖະມົນຕີກະຊວງຍຸຕິທຳ ວ່າດ້ວຍການເພີ່ມທະວີຄວາມຮັບຜິດຊອບ ໃນການຄຸ້ມຄອງ ແລະ ການຈັດຕັ້ງປະຕິບັດຄຳຕັດສີນຂອງສານ

Summary

This instruction is issued by the Minister of Justice, aiming to enhance the responsibilities of court judgment management agencies, enforcement agencies, and enforcement personnel to ensure strict, correct, and prompt execution of judgments; it defines concepts of relevant agencies and personnel, specifies responsibilities of the Ministry of Justice, provincial/capital justice departments, district/municipal justice offices, enforcement offices and units, and enforcement personnel, and stipulates implementation requirements.

Articles

Article 1

Purpose and Importance. This Directive aims to: enhance the responsibilities of court judgment management agencies, enforcement agencies, and enforcement personnel; provide a basis for the work of court judgment management agencies, enforcement agencies, and enforcement personnel; ensure that court judgments are executed strictly, correctly, and promptly, contributing to social peace, order, and justice.

Article 2

Concepts. 1. Court Judgment Enforcement Management Agency: The Court Judgment Enforcement Management Agency is a state organization with functions of guidance, management, and technical inspection regarding the enforcement of court judgments, comprising the Ministry of Justice, provincial and capital justice departments, and district, city, and municipal justice offices. 2. Court Judgment Enforcement Agency: The Court Judgment Enforcement Agency is an organization subordinate to provincial and capital justice departments, and district, city, and municipal justice offices, with functions in enforcing effective court judgments, comprising court judgment enforcement offices and enforcement units. 3. Court Judgment Enforcement Officer: A Court Judgment Enforcement Officer refers to a person who: is a civil servant; meets the standards and conditions stipulated in Article 22 (new) of the Law on Enforcement of Court Judgments; works in a court judgment enforcement agency; and is directly responsible for the study and enforcement of court judgments.

Article 3

Responsibilities – Ministry of Justice. As delegated by the Ministry of Justice, the Court Judgment Execution Management Department has the function of acting as a staff advisor to the leadership regarding court judgment execution work and performing technical macro-management in accordance with the duties and scope of authority stipulated in the Ministry of Justice's Agreement No. 462/ກຍ dated May 9, 2017. Additionally, it has the following responsibilities: Research subordinate regulations concerning court judgment execution for submission to the Minister of Justice for consideration; Research and identify the causes of court judgments that are difficult or complex to execute, and report to the Minister of Justice for guidance; Change, suspend, revoke, or abolish executions by the Court Judgment Execution Office or executing units that are inconsistent with the judgment or unlawful, and provide guidance to ensure correct execution of the court judgment; Monitor, inspect, and grasp the overall work dynamics of court judgment execution agencies, and report to the Minister of Justice for guidance; Periodically compile and report to the Minister of Justice on the status of court judgment execution nationwide.

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