Authority to organize judgment enforcement of the bailiff

KEY CONTENT SUMMARY

• What is judgment enforcement?
• How is the authority to organize judgment enforcement of the bailiff (Article 51 of Decree No. 08/2020/ND-CP) regulated?

  What is judgment enforcement?

Judgment enforcement is understood as the execution of court judgments and decisions, which is the actual execution of legally effective court judgments and decisions.

The authority to organize judgment enforcement of the bailiff in Article 51 of Decree No. 08/2020/ND-CP

• A bailiff may organize judgment enforcement at the request of involved parties for the following judgments and decisions:
  • The legally effective first-instance judgments and decisions of the People's Courts of districts, towns, provincial cities and the equivalent (hereinafter referred to as the district-level People's Courts); legally effective first-instance judgments and decisions of the People's Court of the province where the Attorney's Office is located;
  • Appellate judgments and decisions of the People's Courts of the province where the Attorney's Office is located, for first-instance judgments and decisions that have not yet taken legal effect of the district-level People's Courts; appellate judgments and decisions of the superior people's courts, for first-instance judgments and decisions, which have not yet taken legal effect, of the provincial-level People's Courts where the bailiff's office is located;
  • The decision on cassation or retrial of the superior people's court for the legally effective judgment or decision of the district-level people's court or the provincial-level people's court where the bailiff's office is located department.
• The bailiff fails to organize the execution of the part of the judgment or decision that the head of the civil judgment enforcement agency takes the initiative to issue the judgment enforcement decision in accordance with the provisions of   Clause 2 Article 36 of Law on civil judgment execution .