Building a robust Military Judgement Enforcement Sector to meet the requirements and tasks in the new situation
The enforcement of civil judgements plays an important position and role in judicial activities to ensure that the courts’ legally effective judgements and decisions are exercised in practice, protect the interests of the State, legitimate rights and interests of entities and individuals, and strengthen the socialist legislation. This is also an important task focused on by the Military Judgement Enforcement Sector through various synchronous and appropriate solutions to contribute to building a revolutionary, regular, highly-skilled, and modernised Military.
Implementing the Resolution of the First Session of the 9th National Assembly, dated 6 October 1992, on the transfer of civil judgement enforcement from People’s Courts at all levels to the Government agencies and pursuant to the 1993 Ordinance on Enforcement of Civil Judgements and the provisions of law, on 15 June 1993, the Minister of National Defence signed Decision No.247/QĐ-BQP establishing the Judgement Enforcement Management Department (now the Judgement Enforcement Bureau). Next, on 16 June 1993, the Chief of General Staff of the Viet Nam People’s Army signed Decision No.430/QĐ-TM establishing Judgement Enforcement Offices of military regions and equivalents. Since then, the Military Judgement Enforcement Sector has been organised in two levels, including: The judgement enforcement management agency - the Ministry of National Defence’s Execution Department - acting as a consultative organ to the Central Military Commission and assist the Ministry of National Defence in coordinating with the Ministry of Justice in the state management of judgement enforcement and performing specialised management of civil judgement enforcement in the Military as prescribed by law; and the judgement enforcement agencies - the Judgement Enforcement Offices of the military regions and equivalents - acting as consultative organs to the Military Regions’ Party Committees and High Commands and equivalents in enforcing civil judgements in the areas and organising civil judgement enforcement activities in accordance with the provisions of law.
Over 30 years of construction, development, and growth, despite heavy tasks, the enforcement of civil judgements has increased in both the number of cases and the value of assets to be executed in addition to the difficult and complex nature of tasks, the lack of staff working on judgement enforcement, large operating area, limited facilities and equipment, and so on. However, under the regular attention and direction of the Central Military Commission, leaders of the Ministry of National Defence, Party Committee Standing Commission and heads of the General Staff, thanks to the coordination and assistance of the Ministry of Justice, functional authorities of the Ministry of National Defence, departments, branches, and local authorities, and with the mindset of “Justice service, low observance, selflessness, and impartiality” and “Loyalty, dedication, discipline and solidarity, and initiative and creativity”, the Military Judgement Enforcement Sector has well fulfiled its assigned functions and tasks. Notably, the Bureau has actively advised the Central Military Commission and the Ministry of National Defence to lead, direct, and manage civil judgement enforcement within the Military; organised the construction of the Sector to grow stronger to meet the requirements, and tasks, provisions of law, military characteristics, and practice of judgement enforcement work in each period; regularly improved the efficiency of management, direction, professional guidance, and organisation of civil judgment enforcement, focusing on cases under the monitoring and direction of the Central Steering Committee on Corruption and Negativity Prevention and Control and difficult and complicated judgement enforcement cases with large amounts of money and value of assets. The results of civil judgment enforcement over the years have met and exceeded the targets assigned by the National Assembly and the Government.
In addition, the Military Judgement Enforcement Sector has also successfully completed other tasks, such as: resolving complaints and denunciations; monitoring law enforcement; preventing and fighting against corruption and negativity; providing State compensation in the field of civil judgement enforcement; monitoring the enforcement of administrative judgements; conducting legal propaganda, dissemination, and education; certifying the results of the judgement enforcement, providing criminal record information upon request, and participating in amnesty work; and building pure and strong Party organisations and comprehensively strong “exemplary and typical” units and other assigned tasks to contribute to strictly maintaining military discipline and State laws. Thanks to their results and achievements, since 1993, many collectives and individuals of the Sector have been rewarded by the State, the Ministry of National Defence, and the Ministry of Justice.
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The conference reviewing military judgment enforcement work in the first half of 2022 |
In the coming years, administrative reform, judicial reform, and building of a socialist rule-of-law state in general, and civil judgement enforcement in the Military in particular, will set increasingly high requirements. Meanwhile, the task of judgement enforcement with many cases is increasingly difficult and complicated, especially the enforcement of the court’s judgements and decisions upon corruption cases and key negatives with large enforceable asset value, and so on. Promoting results and achievements in the past 30 years, to successfully complete all assigned tasks, the Military Judgement Enforcement Sector continues to build and develop with the following main directions and tasks.
Firstly, to actively advise the Central Military Commission and the Ministry of National Defence to lead, direct, and effectively implement the specialised management of civil judgement enforcement within the Military. Attention is paid to advising the leadership and direction of the settlement of difficult and complicated judgements with large amounts of money and value of assets to be executed or having great impacts on security, social order, and safety and cases under the monitoring and leadership of the Central Steering Committee on Corruption and Negativity Prevention and Control, directly affecting the prestige of the Military; actively advising the Central Military Commission and the Ministry of National Defence to perfect mechanisms and policies for the Military Judgement Enforcement personnel work; and coordinating with agencies and units in organising the selection, recruitment, training, fostering, appointment, and building of a contingent of military judgement enforcement cadres sufficient in number, quality, professional qualifications, and working capacity to meet requirements and tasks. Accordingly, cadres of the whole Sector must firmly grasp resolutions, directives, and regulations of the Party, State, Central Military Commission, and Ministry of National Defence, particularly Resolution No.27-NQ/TW, dated 9 November 2022, of the Central Party Committee on “Continuing to build and perfect the socialist rule-of-law state of Viet Nam in the new period”; Resolution No.96/2019/QH14, dated 27 November 2019, of the National Assembly on “The prevention and control of crimes and violations of law, the work of the People’s Procuracy and the People’s Court, and the judgement enforcement”; Resolutions of the 11th Military Party Congress; and legal documents on the enforcement of civil judgements, to ensure that all guidelines and undertakings of the Party, policies and laws of the State, and regulations of the Central Military Commission and the Ministry of National Defence on the enforcement of civil judgements are thoroughly grasped, synchronously deployed, and implemented seriously and effectively.
Secondly, to do well in management, guidance, professional direction, and enforcement organisation. Functioning as the military judgement enforcement management agency, the Judgement Enforcement Bureau of the Ministry of National Defence continues to monitor and firmly grasp the situation of judgement enforcement work in the whole Military; actively review and promptly advise competent authorities to amend, supplement, and promulgate new legal documents; and improve the institution of civil judgement enforcement in the Military to ensure that the legal sector on civil judgement enforcement in the Military is complete, constitutional, legal, synchronous, uniform, appropriate, feasible, open, and transparent. At the same time, it also continues to strengthen the management, direction, and professional guidance; focus on improving the quality and efficiency of judicial administration work and verification of conditions, classification and organisation of the judgement enforcement, recovery of money and assets lost or misappropriated in corruption and economic cases,... to minimise the backlog and protracted enforcement of judgements; and coordinate closely with judicial agencies within the Military, relevant agencies, departments, and branches, and local authorities in settling judgement enforcement cases.
Implementing the undertaking of the Central Military Commission, the entire Military Judgement Enforcement Sector should seriously and effectively implement the Ministry of National Defence’s Project on “Studying to perfect the sector of judicial, inspection, legislation, and crime prevention and control agencies at all levels in the Military by 2030 with a vision to 2045, meeting the requirements of judicial reform and building of a socialist rule-of-law state and a revolutionary, regular, highly-skilled, and modernised Military” and the Sector’s Scheme on “Perfecting the organisational structure, functions, tasks, and powers of the Military Judgement Enforcement Sector to 2030 with a vision to 2045, meeting the requirements of judicial reform and building of a revolutionary, regular, highly-skilled, and modernised Military”; promote the role and improve the quality of professional inspection; and monitor law enforcement, control power, prevent and fight against corruption and negativity in judgement enforcement activities to minimise violations of legal provisions and discipline and infringement on legitimate rights and interests of organisations and individuals and interests of the State in the performance of official duties.
Finally, to strengthen the building of pure and strong Party organisations and comprehensively strong “exemplary and typical” units. Recognising the importance of Party building work for improving the leadership capacity and fighting power of Party committees and organisations at all levels, the Party Committee and commanders of the Judgement Enforcement Bureau of the Ministry of National Defence and Party Committees and commanders of the Judgement Enforcement Offices of military regions should focus on building and training to improve the leadership capacity and fighting power of the Party organisations. Accordingly, the Party committees and cells at all levels should attach importance to improving the quality of issuing leadership resolutions on performing tenure, yearly, quarterly, and monthly tasks, to be close to the characteristics and practical situation of the units and have high feasibility and taking care of building and training cadres and Party members, combining Party member building with cadre building and Party committee building with presiding cadre building, etc. The whole Sector should focus on building comprehensively strong “exemplary and typical” agencies and units; regularly managing, educating, grasping the situation, and promptly solving the thoughts of cadres, internal solidarity, and unity; innovating and maintaining the regimes and effectiveness of propaganda work; maintaining regular operations of Force 47; striving for political, legal, and traditional education to have good and excellent results; organising and effectively maintaining the Determination-to-Win Emulation movement in association with the emulation movements of the Sector; and promoting studying and following Ho Chi Minh thoughts, ethics, and style and the Drive on promoting traditions, dedicating talents, being worthy of the title of “Uncle Ho’s Soldiers” in the new era.
Along with that, it is necessary to well implement policy work, internal political protection, secret preservation, and assurance of absolute safety of the units in all aspects; regularly consolidate and improve operational efficiency; promote the role of mass organisations and military personnel councils and well implement the Law on the Implementation of Grassroots Democracy; and create a healthy environment for cadres and employees of the whole Sector to raise the spirit of solidarity, promote responsibilities in performing assigned functions and tasks, and strictly maintain Military discipline and State laws to contribute to building an adept, compact, strong, and modernised Military.
Senior Colonel NGUYEN BA TONG, Secretary of the Party Committee, Director General of the Judgement Enforcement Bureau, Ministry of National Defence