DO NOT AGREE TO SUPPORT
From 2011 to present, Ms. Nguyen Thi Cai's family and Mr. Phan Thanh Ho's family, both residing in Hung Lam hamlet, Dong Hung A commune, An Minh district, have had a land boundary dispute. Ms. Cai filed a lawsuit and the An Minh District People's Court issued a first-instance judgment on January 12, 2021, accepting all of Ms. Cai's lawsuit requests.
Then, the Provincial People's Court opened an appeal hearing on January 24, 2022, announcing the amendment of the first instance judgment, only accepting part of Ms. Nguyen Thi Cai's lawsuit request. The Provincial People's Court forced Mr. Phan Thanh Ho's family to return the adjacent land area with a width of more than 1 meter and a length of over 316 meters to Ms. Cai. At the same time, Mr. Ho had to pay nearly 4.7 million VND in litigation costs. This amount had been paid in advance by Ms. Cai, so Mr. Ho was forced to return it to Ms. Cai.
According to Ms. Nguyen Thi Cai: “After the Provincial People's Court heard the appeal, I requested the Civil Judgment Enforcement Office of An Minh District to enforce the judgment, but Mr. Pham Chi Cong, an officer of the Civil Judgment Enforcement Office of An Minh District, requested my family to pay an additional 2 million VND to support the council to enforce the land transfer to me. I think it is not in accordance with the regulations, I do not agree with this amount. After that, the Civil Judgment Enforcement Office of An Minh District persuaded me to pay the litigation costs of the judgment that Mr. Ho's family must pay back to me, which is nearly 4.7 million VND.”
Ms. Nguyen Thi Cai said that later, the enforcement officer Vo Van Quang - Head of the Civil Judgment Enforcement Office of An Minh District requested her to pay 2.5 million VND to support the enforcement council to hand over the land to her, which was not in accordance with regulations. "I do not agree to pay this amount and the enforcement officer's handing over of the land to me is not in accordance with the drawings, the land area is insufficient, affecting my family's rights," Ms. Cai said.
Ms. Nguyen Thi Cai, residing in Hung Lam hamlet, Dong Hung A commune (An Minh) points to the disputed land area between her and Mr. Phan Thanh Ho's family. Photo: TAY HO
According to Ms. Cai, when the officers of the Civil Judgment Enforcement Office of An Minh District requested to withdraw the amount of nearly 4.7 million VND that Mr. Ho's family had to pay her, she did not agree, but was forced by the officers to not sign the agreement to withdraw, otherwise the judgment would not be enforced. Currently, Ms. Cai also does not agree with the appeal judgment of the Provincial People's Court, she has filed a petition for a review of the judgment.
ARE THE AUTHORITIES DOING THE RIGHT Thing?
Regarding the incident, Comrade Nguyen Van Vu - Director of the Civil Judgment Enforcement Department of Kien Giang province affirmed that the process of enforcing the judgment for Ms. Nguyen Thi Cai was correct. The enforcement agency has enforced the judgment, forcing Mr. Phan Thanh Ho to return the encroached land area to Ms. Nguyen Thi Cai's household.
| Currently, the civil judgment enforcement sector applies Circular 200/2016/TT-BTC, dated November 9, 2016 of the Ministry of Finance, regulating the establishment, management, use and settlement of funds to ensure the operation of civil judgment enforcement agencies and funds for compulsory enforcement of civil judgments. This Circular does not contain any provisions on mobilizing judgment debtors to support funds for compulsory enforcement of civil judgments. |
Considering the complicated case, it is necessary to apply compulsory measures to enforce the judgment, but because the enforcement budget allocated for advance payment of enforcement costs is limited and cannot guarantee the costs, the Head of the Civil Judgment Enforcement Office of An Minh District, Vo Van Quang, and officer Pham Chi Cong, have urged Ms. Cai to support the enforcement costs. “The enforcement agency does not force. If Ms. Cai does not accept, the enforcement officer will still proceed with compulsory land transfer to her, this is not prohibited by law,” said comrade Nguyen Van Vu.
Regarding the issue of Ms. Cai's reflection that the enforcement officer assigned her land that was not in accordance with the drawing and lacked land area; through comparison between the judgment and the minutes of forced property handover dated November 17, 2022, there were no discrepancies, so Ms. Cai's reflection was incorrect.
According to comrade Nguyen Van Vu, at first, the Civil Judgment Enforcement Office of An Minh district invited Ms. Cai to work, asking her to support the enforcement amount of 2 million VND, but Ms. Cai did not agree, which is true. The fact that Mr. Phan Thanh Ho's family paid nearly 4.7 million VND in litigation costs that did not have to be returned to Ms. Cai, she agreed (there is a record proving that Ms. Cai agreed and signed). Comrade Nguyen Van Vu affirmed that the funds mobilized from Ms. Cai were all voluntary.
Comrade Nguyen Van Vu added that the law does not currently regulate the mobilization of costs for enforcement of judgments. Mobilizing Ms. Cai is in accordance with the practice of the enforcement sector up to now. "This is not wrong," Comrade Vu affirmed.
WEST LAKE - THICH TRAN
Source link
Comment (0)