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Monday, October 25, 2021, 09:21 (GMT+7)
Enhancing the enforcement of civil judgements within the Military to meet the task requirements

The enforcement of civil judgements plays a role of importance to judicial activities in particular and social life in general; this work guarantees the effect of judgements, protects the rule of law and rights and legitimate benefits of citizens, organisations, and the State, and makes contributions to ensuring politico-social stability and enhancing the efficiency and effectiveness of state management. The enforcement of civil judgements within the Military helps maintain the strictness of military discipline and build a revolutionary, regular, elite, and gradually modern Vietnam People’s Army (VPA). Therefore, over the years, the Central Military Commission (CMC) and the Ministry of National Defence (MND) have always focused on directing the entire VPA to promote the enforcement of judgements and obtained practical results. It should be noted that the MND has closely worked with the Ministry of Justice and relevant ministries, committees, and sectors to give advice to the Party, the State, and the Prime Minister on designing and promulgating legal documents on the enforcement of civil judgements. At the same time, due regard has been paid to building the Military Judgement Enforcement Branch (MJEB) in terms of organisation and personnel and directing offices and units to proactively perform tasks relating to the enforcement of civil judgements.

Sr. Lt. Gen. Vo Minh Luong, Deputy Minister of National Defence visiting the MND’s Department of Judgement Enforcement (March 2021)

Between 2015 and 2020, the MND developed action plans for the 12th Politburo’s Conclusions 83-KL/TW and 84-KL/TW on reviewing the execution of the 11th Politburo’s Resolution 48-NQ/TW on the strategy to build and complete Vietnam’s legal system towards 2010, with orientations towards 2020 and the 9th Politburo’s Resolution 49-NQ/TW on the strategy for a judicial reform towards 2020 together with the Prime Minister’s Directive 05/CT-TTg on “enhancing the enforcement of civil judgements,” while issuing legal normative documents on civil enforcement within the VPA. All-level party committees and commands have devised measures to lead, direct, guide, and inspect the enforcement of civil judgements within their offices and units. The MJEB has promoted its role in advising the CMC and leaders of the MND on state management of civil enforcement and organising the enforcement of civil judgements within the Military.

However, a part from those good results, the enforcement of civil judgements across the VPA has still exposed several weaknesses due to a large number of subjects of civil judgements relating to many offices and units both inside and outside the Military. Meanwhile, the force in charge of enforcing civil judgements is still small. Facilities for this work are inadequate. Cadres and employees in charge of judgement enforcement are mainly officers and professional service men and women who need to be retrained. Leadership, direction and staff work over the enforcement of civil judgements by party committees and commands at all level have yet to be timely, while cooperation with offices and units outside the Military in the enforcement of civil judgements has yet to be close or effective.

In the period of 2021 - 2025 and beyond, it is estimated that the enforcement of civil judgements will be difficult and complex. More challenges will be posed to the confiscation of lost or expropriated money and assets in corruption, economic, and bribery cases. To make the enforcement of civil judgements across the VPA more effective and create a basic, solid change in this work in the new situation, in addition to the leadership and direction from the CMC and leaders of the MND, party committees and commands of offices and units shall grasp and well implement several tasks and measures as follows.

First, enhance all-level party committees and commands’ leadership and direction over the enforcement of civil judgements. Party committees and commands at all levels shall continue grasping and effectively executing resolutions and directives by the Party, the State, the CMC, and the MND on judgement enforcement. Emphasis should be placed on the Resolution of the 13th National Party Congress, the Directive 04-CT/TW by the Party Central Committee’s Secretariat on “strengthening the Party’s leadership over the confiscation of lost or expropriated assets in corruption and economic cases,” the Law on Enforcement of Civil Judgements, the National Assembly’s Resolution 96/2019/QH14 on “the prevention and combat of crimes and violations of law, the work of the People’s Procuracies and the People’s Courts, and the enforcement of judgements,” the Prime Minister’s Directive 05/CT-TTg on enhancing the enforcement of civil judgements, the 11th Military Party Congress Resolution, and the MND’s action plans for conclusions and directives by the Politburo and the Prime Minister.

Being fully aware of the role and function of the enforcement of civil judgements, party committees and commands of offices and units, particularly higher echelons of judgement enforcement agencies shall develop measures to opportunely direct, manage, and inspect their judgement enforcement affiliates, while affiliated offices and units shall maintain close cooperation to enable civil judgement enforcement agencies to perform their task and function. Due attention should be paid to improving cadres and soldiers’ awareness of the Military’s discipline and the State’s law, especially legal documents on civil enforcement. The MND’s Department of Judgement Enforcement shall cooperate with competent offices in advising the CMC and the MND to formulate plans on executing and disseminating the Directive 04-CT/TW by the Party Central Committee’s Secretariat across the VPA.

Second, continue promulgating legal normative documents on civil enforcement within the Military and taking part in building and perfecting the legal system relating to the enforcement of civil judgements. Competent offices shall opportunely detect shortcomings of the existing legal normative documents and advise the CMC and the MND on issuing new documents to step by step complete mechanisms for civil enforcement within the VPA. At the same time, they shall collaborate with functional agencies of the Ministry of Justice and relevant committees, ministries, and sectors in giving advice to the National Assembly, the Government, and the Prime Minister on developing and perfecting legal documents on the enforcement of civil judgements and policies for the Civil Enforcement Branch in general, the MJEB in particular. Great value should be attached to designing and effectively implementing the Regulations on cooperation between military judicial offices, and working with ministries, sectors, and localities to formulate the Regulations on cooperation between civil enforcement agencies both inside and outside the VPA.

Third, improve the quality and effectiveness of investigation, prosecution, conviction, and judgement enforcement within the VPA. Military judicial offices shall seriously, opportunely implement measures during the process of investigation, prosecution, and conviction so as to prevent individuals and organisations from dispersing or hiding assets, or evading their legal obligations. Investigation offices shall quickly provide information about assets and bank accounts of persons subject to judgement enforcement so that judgement enforcement agencies could design plans and projects to recover money and property for the State. Court’s judgements and decisions must be clear, feasible, and favourable for the enforcement in reality.

The MND’s Department of Judgement Enforcement shall keep counselling, managing, directing, and inspecting the enforcement of civil judgements across the VPA. Significance should be attached to raising military region-level judgement enforcement offices’ responsibility and capability in executing courts’ judgements and decisions, especially in large-scale, complex cases involved in many offices and units both inside and outside the Military, cases under the direction of the Central Steering Board on corruption prevention and combat, and other corruption, economic, and bribery cases. It is necessary to proactively, creatively formulate measures for improving the quality of judgement enforcement and ensuring the rights and legitimate benefits of individuals, organisations, and the State. Moreover, it is essential to strengthen the work of inspection, investigation, and supervision in order to handle denunciations and complaints, prevent and combat corruption, maintain discipline in the enforcement of civil judgements, opportunely detect and overcome weaknesses, and resolutely settle violations in the enforcement of civil judgements under the Military’s discipline and the State’s law.

Fourth, build a strong MJEB capable of meeting the task requirements in the new situation. Due regard should be paid to consolidating the MJEB’s organisational structure properly and designing job titles of cadres of the MJEB on a par with their assigned task and function. It is important to renew policies on recruiting cadres in charge of judgement enforcement, with priority given to young, enthusiastic ones specialising in law. Great weight should be added to improving judgement enforcement cadres’ professional competence to satisfy their task requirements and developing personnel plans to ensure the quality of this contingent. Importance should be attached to enhancing political education and ideological management and building up professional morality of judicial cadres in tandem with the 12th Party Central Committee’s Resolution No.4 on the Party building and rectification and the study and following of Ho Chi Minh’s ideology, ethics and lifestyle so as to prevent and repel the degradation in political ideology, ethics, and lifestyle as well as the signs of “self-evolution” and “self-transformation” from within. Furthermore, it is essential to provide sufficient finance, facilities, and means for civil enforcement agencies, apply information technology, and step up an administrative reform in the enforcement of civil judgements.

Enhancing the enforcement of civil judgements within the VPA represents a task of urgency nowadays. Thus, the entire Military, particularly party committees and commands at all levels, and the MJEB shall thoroughly grasp directives and resolutions by the Party, the National Assembly, and the Prime Minister as well as resolutions and directives by the CMC and the MND to proactively, creatively implement measures for further raising the quality of civil enforcement across the VPA.

Sr. Lt. Gen. VO MINH LUONG, Member of the Party Central Committee

Member of the CMC, Deputy Minister of National Defence

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