Necessary solutions

The seminar aims to share information and difficulties and problems in the process of implementing bank credit judgments as well as listen to feedback from credit institutions.

Speaking at the seminar, Vice President and General Secretary of the Vietnam Banking Association - Dr. Nguyen Quoc Hung said that the activities of civil judgment enforcement agencies play an extremely important role in debt collection of credit institutions. Although the coordination between civil judgment enforcement agencies and credit institutions has had positive changes, the enforcement of bank credit judgments still faces many difficulties and obstacles, leading to limited enforcement of judgments and the effectiveness of debt collection by credit institutions has not met requirements. There are many reasons, but the main cause of the difficulties that credit institutions are facing is that the provisions of the law on judgment enforcement and related laws are not consistent, not unified, not clear and specific.

“Based on reality, the General Department of Judgment Enforcement - Ministry of Justice has proposed to the Government to amend and supplement Decree 62/2015/ND-CP detailing and guiding a number of articles of the Law on Civil Judgment Enforcement, in order to gradually remove difficulties in the process of enforcing judgments in general and judgments on credit in particular; at the same time, creating a solid foundation for civil judgment enforcement work”, said Dr. Nguyen Quoc Hung.

Dr. Nguyen Quoc Hung spoke at the seminar.

At the Seminar, Chairman of the Legal Club Nguyen Thanh Long also said that, up to now, although the General Department of Civil Judgment Enforcement and relevant agencies have been active and determined, implementing many measures to help promote the enforcement of civil judgments at all levels, contributing to helping banks recover outstanding debts early, unblocking credit capital flows, but in reality, at banks there are still many cases of judgment enforcement being delayed for a long time, the number of outstanding cases is still large, affecting the results of bad debt recovery of banks.

Through the synthesis of data from 15 member banks, up to now there have been 399 cases of difficult and complicated enforcement, focusing on large areas such as Hanoi, Ho Chi Minh City, Hai Phong, Nghe An...

According to Ms. Ta Thi Hong Hoa, Deputy Director of Department 11 (Supreme People's Procuracy), in addition to the objective reasons leading to the difficulty of enforcement by civil enforcement agencies in banking credit cases, there are also some subjective errors by enforcement agencies such as determining that the judgment is difficult to enforce. In fact, the inspection process has discovered many cases where the judgment is unclear but the civil enforcement agency does not have a written request to the Court or has unclear ways of asking the Court, leading to the Court's general response, so the judgment still cannot be enforced...

Therefore, to resolve the above difficulties and problems and improve the effectiveness of civil judgment enforcement in general and civil judgment enforcement related to credit institutions in particular, Mr. Nguyen Thanh Long proposed that many solutions need to be implemented synchronously. Accordingly, the 2008 Law on Enforcement of Judgments was amended and supplemented in 2014. However, due to practical shortcomings and difficulties, Mr. Nguyen Thanh Long requested the General Department of Enforcement of Judgments to promptly consider and propose amendments to the Law on Civil Enforcement of Judgments and Decree 62/2015/ND-CP (amended and supplemented in Decree No. 33/2020/ND-CP), especially the provisions on the time for carrying out enforcement procedures, the maximum time limit for the enforcement agency to hand over the property to the winning bidder, the simplified auction procedure, the suspension of enforcement, the entrustment of handling secured assets, the handling of special assets such as shares, stocks, capital contributions, etc.

Source: https://nhandan.vn/hoan-thien-chinh-sach-thi-hanh-an-tin-dung-ngan-hang-post826421.html