The enforcement agency being... enforced is a rare situation, but it actually happens right in Hanoi. Specifically, the Civil Judgment Enforcement Office (CJEA) of Me Linh District (Hanoi) is the entity that must enforce the judgment according to the enforcement decision of the Civil Judgment Enforcement Office of Hai Ba Trung District (Hanoi).
According to the content of the case, in October 2010, Hong Ha Auction Joint Stock Company (a unit authorized by the Me Linh District Department of Land Administration to auction assets) organized an auction of assets including: 1 house with a flat roof, 1 level 4 house with a corrugated iron roof, ancillary works and trees attached to a garden area of 295 square meters in Bang Gieng hamlet, Ha Loi village, Me Linh commune, Me Linh district (Hanoi).
As a result, Mr. Tran Manh Ha (residing in Kim Ma ward, Ba Dinh district, Hanoi) won the auction of the above property for 586 million VND. Immediately afterwards, Mr. Ha signed a contract for the sale of auctioned property (No. 70/HDMBTSBĐG dated October 27, 2010) with Hong Ha Auction Joint Stock Company and transferred the full amount of the auction winnings to Hong Ha Company. According to the commitment of the contract for the sale of auctioned property, within 30 days, the buyer must pay the full amount to the seller of the property, and the Me Linh District Department of Land Use Rights and Taxation is responsible for handing over the auctioned property to the buyer. The contract for the sale of auctioned property commits to that, however, the auction organizer and the Me Linh District Department of Land Use Rights and Taxation did not hand over the auctioned property to the auction winner as committed.
After many years of petitioning and failing to receive the auctioned property from Hong Ha Auction Joint Stock Company and the Me Linh District Department of Natural Resources and Environment, Mr. Ha filed a lawsuit to the court requesting to terminate the property sale contract between Mr. Ha and Hong Ha Auction Joint Stock Company.
On September 12, 2019, Hai Ba Trung District People's Court issued Judgment No. 40/2019/DS-ST, deciding to accept Mr. Ha's lawsuit request for unilateral termination of the auction property sale contract No. 70/HDMBTSBĐG dated October 27, 2010 with Hong Ha Auction Joint Stock Company. At the same time, the court decided to force the Me Linh District THADS Sub-Department to pay Mr. Ha the amount of VND 1 billion, 049 million (provisionally calculated as of the first instance trial date of September 12, 2019), including VND 586 million in principal and VND 463 million in interest.
After the judgment came into legal effect, on October 28, 2019, the Hai Ba Trung District Execution Office issued a decision to enforce the judgment, forcing the Me Linh District Execution Office to pay Mr. Ha the amount of VND 1 billion 049 million (provisionally calculated as of the first instance trial date of September 12, 2019). The decision to enforce the judgment clearly states that the person subject to the judgment is responsible for voluntarily enforcing the judgment within 10 days from the date of receipt or valid notification of the judgment enforcement decision. By 2020, the Hai Ba Trung District Execution Office had recovered more than VND 148 million from the Me Linh District Execution Office and then transferred it to the person subject to the judgment enforcement, Mr. Ha. Since then, Mr. Ha has not received any additional money from the Hai Ba Trung District Execution Office or the Me Linh District Execution Office.
To clarify the matter, the reporter contacted the Me Linh District THADS Department and the Hai Ba Trung District THADS Department. Both units informed that the above incident had been reported to the Hanoi THADS Department and that the Hanoi THADS Department had the authority to respond. The reporter registered to work with the Hanoi THADS Department on the above content, however, 3 months have passed and he has not yet received a response or a work schedule from the Hanoi THADS Department.
From a legal perspective, lawyer Hoang Tung - Head of Trung Hoa Law Office (Hanoi Bar Association) said that according to the provisions of the Law on Civil Judgment Enforcement 2008 (amended and supplemented in 2014), when the Court issues a judgment that has legal effect, agencies and organizations that are obliged to enforce the judgment must fulfill their obligations, otherwise they will be handled according to the provisions of the law. Specifically, the Civil Judgment Enforcement Office of Me Linh district is obliged to enforce the judgment, including returning money to citizens and paying any interest incurred. The Civil Judgment Enforcement Office of Hai Ba Trung district has been assigned the task of enforcing the judgment, but so far it has only partially fulfilled it (more than 148 million VND). Accordingly, the Civil Judgment Enforcement Office of Hai Ba Trung district is responsible for fulfilling all of its enforcement obligations, and if it fails to do so on time, it may be subject to coercive measures or disciplinary action.
Source: https://daidoanket.vn/vi-sao-chi-cuc-thi-hanh-an-huyen-me-linh-bi-thi-hanh-an-10301987.html
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