PROMOTING EFFICIENCY OF LAW ON HANDLING WITH VIOLATIONS OF ENFOCEMENT OF THE CIVIL JUDGEMENTS IN VIETNAM TODAY

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE


HANOI LAW UNIVERSITY


NGUYEN TUAN AN



PROMOTING EFFICIENCY OF LAW ON HANDLING WITH
VIOLATIONS OF ENFOCEMENT OF THE CIVIL JUDGEMENTS
IN VIETNAM TODAY


Specialized major: Theory and history of state and law
Code: 62.38.01.01



SUMMARY OF DISSERTATION




HANOI 2014



The dissertation is completed at:

HANOI LAW UNIVERSITY

Academic Supervisor: Prof.Dr. Hoang The Lien

Reviewer 1: Dr. Dinh Trung Tung
Reviewer 2: Prof.Dr. Nguyen Thi Viet Huong
Reviewer 3: Dr. Nguyen Cong Binh


Dissertation will be examined by the Council of Dissertation Evaluation at
Hanoi Law University at date / / 2014









Dissertation is available at:
1) National Library;
2) Library of Hanoi Law University.

1
INTRODUCTION
1. Implication of the dissertation
Law on handling with violations of enforcement of the civil judgements is
a vital part of the legal system of Vietnam. Therefore, Vietnam should focus on

providing and improving law on handling with violations of enforcement of the
civil judgements as a key factor for developing and promoting efficiency of
legal system.
In reality, law on handling with violations of enforcement of the civil
judgemens reveals limitations and shortcomings. Due to the lack of
comprehensive legal frameworks for handling with violations of enforcement
of the civil judgements; therefore, obstacles of this mechanisms have not been
handled with promptly. Especially, law on handling with violations of
enforcement of the civil judgments in reality has revealed confliction, overlap,
and inconsistence with the demands of practice and social life. Many problems
occured in handling with violations of enforcement of civil judgments has not
been solved, amended, and supplemented timely.
In addition, the violations of enforcement of the civil judgments have
happened more diversely and complicatedly. Handling with violations of
enforcement of the civil judgements which is not strict enough and ineffective
has affected nagatively to people’s trust, to the superemacy of laws, and as well
as broken the state’s disciplinary. Therefore, the requirement of providing and
improving efficiency of law on handling with violations of enforcement of civil
judgements is becoming urgent need of Vietnam. Hence, promoting efficiency
of law on handling with violations of enforcement of the civil judgements in
order to ensure that legal regulates are consistent with practice, to maintain the
superemacy of law, to build up an efficient, effective and consistent of legal
system for ensuring legal regulations are implemented effectively in reality.
Dissertation theme: "Promoting efficiency of law on handling with violation
of enforcement of the civil judgements in Vietnam today" is selected
according to reasons as mentioned above.
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2. Subject and Scope of Research Theme
Subject of the dissertation illustrates view points, thoughts of handling
with violations of enforcement of the civil judgements, the current legal

situations as well as sollutions for promoting efficiency of law on handling
with violations of enforcement of the civil judgements.
The scope of dissertation focuses on summarizing and systematizing and
briefly explaining theory of promoting efficiency of law on handling with
violations of enforcement of the civil judgements; evaluating the good points
and weaknesses of this issue and proposing solutions to further improve
efficiency of law on handling with violation of enforcement of the civil
judgements in Vietnam today.
3. Research Methodology
The dissertation has been carried out basing on the methodology of
Marxism - Leninism in addition with the other methodologies such as: systems,
analysis, comparison, synthesis, statistics, specific historical study, baseline
surveys, and comparative study between legal theory and practice.
4. Research objectives and study mission
The aim of this research is to propose measures to further promoting
efficiency of law on handling with violations of enforcement of the civil
judgments.
In order to reach the above mentioned objectives, the research focuses on:
analyzing, clarifying the concepts, characteristics and the role of law on
handling with violations of enforcement of the civil judgments; identifying the
concepts, features, contents and the forms of law enforcement of the civil
judgements; proposing the objectives and solutions to promote efficiency of
law on handling with violations of enforcement of the civil judgments; and
briefly determining the criterias for evaluating efficiency of law on handling
with violations of enforcement of the civil judgments.This dissertation also
evaluates the current problems and efficiency of law on handling with
violations of enforcement of civil judgements. This research analyzes the
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principles as well as solutions for promoting efficiency of law on handling with
violations of enforcement of the civil judgements.

5. Research’s contribution to legal sience
Dissertation contributes to legal science as follows: introducing the
concept, features, contents and the role of law on handling with violations of
enforcement of the civil judgements; defining the concept and analyzing the
features, contents and those forms; clarifying the objectives, content and the
rationality of promoting efficiency of law on handling with violations of
enforcement of the civil judgments; determining criterias for evaluating
efficiency of law on handling with violations of enforcement of the civil
judgments; analyzing and evaluating the good points and weaknesses as well as
achievements and restrictions of law on handling with violations of
enforcement of the civil judgments. This paper also analyzes principles for
evaluating efficiency and solutions to promote efficiency of law on handling
with violations of enforcement of civil judgements.
6. Research’s implication in theory and practice aspects
Results of the research will contribute to theory of enforcement, law on
enforcement of civil judgments and law on handling with violations of
enforcement of the civil judgments; provide scientific and practical arguments
as valuable references for providing and promoting efficiency of law on
handling with violations of enforcement of the civil judgments. This
dissertation can be good references for researching, teaching in legal training
institutions and judicial vocational training institutions.
7. Structure of the dissertation
The dissertation includes 4 chapters in addition with the other sections
such as: introduction, conclusion, list of references, and appendices.
Chapter 1
OVERVIEW OF STUDIES RELATED TO RESEARCH TOPIC
Many research related to promulgating and reforming legal system in
Vietnam have been carried out through evaluating and examining
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comprehensively in both legal theory and practice aspect. However, those

researches only mention generally and broadly the solutions to promoting
efficiency of legal system in Vietnam.
1.1. Content of researches related to the dissertation
In order to reach research’s objective, the study of previsous researches
related to the theme of dissertation focuses on the following aspects: handling
with violations of enforcement of the civil judgments; law on handling with
violations of enforcement of the civil judgments.
1.2. Evaluating results of studies directly related to the dissertation theme
Advantages: Previous studies indicate that handling with violations of
enforcement of the civil judgments is one of the most important contents and it
is essential for handling strictly with violations in enforcement of the civil
judgments. In addition, these studies also indicate that violation of law on
enforcement of civil judgments have happened popularly and carried out in
diversify maner. These researches also raise practical requirements to
strengthening legislation and to strictly handling with violations of
enforcement of the civl judgments.
Disadvantages: The researches related to promoting efficiency of law on
handling with violations of enforcement of the civil judgments are quite
limited. In addition, these papers only focus on analyzing and determining
some kind of violations in general but not studying deeply the differences of
each violations of enforcement of civil judgments.
The studies related to violations, handling with violations, and impact
violations to the process of enfocement of the civil judgements have not yet
carried out comprehensively and have remained many limitations.
These related researches have not yet identified the importance of law and
propose the sultions to promoting efficiency of law on handling with violations
of enforcement of the civil judgments. In addition, these research papers have
not yet focused on the contents which required to study deeply in order to
determine solutions for promoting efficiency of law on handling with
violations in enforcement of civil judgments.

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Conclusion of chapter 1
1. At present, the researches related to the law on handling with
violations of law enforcement of the civil judgments are still limited.
2. The previous researches have not mentioned and clarified the contents
which are needed to be studied deeply.
3. Dissertation theme: "Promoting efficiency of law on handling with
violations of enforcement of the civil judgments in Vietnam today" will focus
on researching, analyzing and clarifying the theory of promoting efficiency of
law on handling with violations of enforcement of the civil judgments in
theory; the current pratice and improvement of law on handling with violations
of enforcement of the civil judgments; consequently, the solutions to improve
law on handling with violations of enforcement of the civil judgments will be
proposed basing on aboved analysis.

Chapter 2
THEORETICAL GROUND FOR PROMOTING EFFICIENCY OF
LAW ON HANDLING WITH VIOLATIONS OF ENFORCEMENT OF
THE CIVIL JUDGMENTS
2.1. Concept, features and the meaning of law on handling with
violations of enforcement of the civil judgments
2.1.1. Concept of handling with violations of enforcement of the civil judgments
Violations of enforcement of the civil judgments are illegal acts, guilty
carried out by individual or legal person causing damage to the other subjects
that defined and protected by law in process of enforcement of the civil
judgments.
Violations of enforcement of the civil judgments include: administrative
violations; crimes; violations of civil law regulations; disciplinary violations;
law violations causing damages in public duty enforcement; legal violations
causing damage to the civil judgment enforcement agencies.

6
Legal liability refers to a negative measure applied for a individual or
legalperson who violates legal regulations on enforcement of the civil
judgments, and this liability is defined by legal regulations on handling with
violations of enforcement of civil judgments.
Liability applied in process of enforcement of the civil judgments includes:
administrative liability; criminal liability, civil liability, disciplinary liability,
compensation liability when public official carries out public duty; liablity for
compensation of state organ and liability for reimbursement of public official
are applied in case of causing damages to enforcement of the civil judgments.
Handling with violations of enforcement of the civil judgments is legal
application activity carried out by state agencies and competent person, which
indicates enforcement nature and state power in order to detect, prevent and
handle with violations of enforcement of the civil judgment carried out by various
forms, measures and under the procedures prescribed by laws.
Handling measures for violations of law on enforcement of the civil
judgments includes: administrative sanctions, criminal penalties, disciplinaries,
and the other handling measures related to: civil violations; violations causing
damages when public official carries out public duty; and, violations caused
damage to civil judgment enforcement agencies.
2.1.2. Basic characteristics of handling with violation in civil judgment
enforcement
- Handling with violations of enforcement of the civil judgments is legal
application activity carried out by state agencies and competent person; mainly
focuses on applying coercive sanctions which indicate enforcement nature and
state power to individual or legal person that violated the law on enforcement
of the civil judgments prescribed by laws.
- Handling with violations of enforcement of the civil judgments is a
process includes activities of detecting, preventing and handling with
violations in the enforcement of civil judgments by various forms and

measures and implementating organization towards handling with those
violations in accordance with the law.
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- Handling with violations of enforcement of the civil judgments is only applied
for violations which happend in process of enforcement of the civil judgements.
- Handling with violations in process of enforcement of the civil
judgments is guaranteed by state power.
- Handling with violations of enforcement of the civil judgments must be
carried under the procedures prescribed by laws on handling with violations of
enforcement of the civil judgments.
- Handling with violations of enforcement of the civil judgments has
specific features which are criterias for determining the differences with the
other measures for handling with violations in various fields of social life.
2.1.3. Meanings of handling with violations of enforcement of civil judgments
Handling with violations of enforcement of the civil judgments is the
siginficant measure for: preventing and dealing with violations of enforcement
of the civil judgments; ensuring the fairness in the field of enfocement of the
civil judgments; ensuring the binding of civil judgements or decisions carried
out under legal regulations on handling with violations of enforcement of the
civil judgments; improving quality and effectiveness of enforcement of the
civil judgment; ensuring that the legal regulations on enfocement of the civil
judgment are implemented correctly, strictly and effectively in practice; to
contribute partially to process of promoting social security in process of
enfocement of the civil judgment; educating and raising public awareness of
law on enforcement of the civil judgments.
2.2. Concept, features, contents and forms of law on handling with
violations of enforcement of civil judgments
2.2.1. Concept of law on handling with violations of enforcement of the
civil judgments
Legal frameworks of handling with violations of enforcement of the civil

judgments consist of legal regulations applied for all activities causing damage
to individual or organization in process of handling with violation of
enforcement of the civil judgement. Legal frameworks of handling with
violation of enforcement of the civil judgements include: regulation on
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sanctioning of violations; liability; subjects who bear liablity; time limitation
for handling with vilolations, forms and measures of handling with violations;
competent agencies or person to deal with violations; procedures for violations
handle, complaints and denunciations settlement in process of civil judgement
enforcement.
2.2.2. Features of law on handling with violations in enforcement of
civil judgments
- Law on handling with violations of enforcement of the civil judgments
includes legal regulations applied for illegal acts that violate regulations
prescribed by law on civil judgement enforcement.
- Legal frameworks for defining violations and violation handle in civil
judgement enforcement reflect specific features in process of enforcing civil
judgements.
- Legal frameworks for handling with violations of enforcement of the
civil judgments defines the process of excersing state power in order to deal
with violations happened in process of civil judgement enforcement by the
measures and forms that prescribed by laws.
- Contents of law on handling with violations of enforcement of the civil
judgments are provided variously.
- Legal regulations on handling with violations of enforcement of the civil
judgments are provided by different types of legal normative documents.
- Law on handling with violations of enforcement of the civil judgments
related tightly to the law on handling with violations of enforcement of the
civil judgments as well as the other laws.
- Law on handling with violations of enforcement of the civil judgments

has specific features that are criterias for distinguish with law on handling with
violations in other fields of social life, especially to related fields.
2.2.3. Content of law on handling with violations of enforcement of the
civil judgments
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Contents of law on handling with violations of enforcement of the civil
judgments include provisions that define: sanctioning of violations; liability;
subjects who bear liablity; time limitation for handling with vilolations, forms
and measures of handling with violations; competent agencies or person to deal
with violations; procedures for violations handle, complaints and denunciations
settlement in process of civil judgement enforcement.These contents are provided
in detail corresponding to each type of violations in process of civil judgment
enforcement.
2.2.4. Forms of law on handling with violations of enforcement of the
civil judgments
Forms of law on handling with violations of enforcement of the civil
judgments enforcement are represented in many legal normative documents
according to each type of law violations, including legal normative documents on
handling with: administrative violations; crime; civil violations; disciplinary;
violations that caused damages when carrying out public duty; and violations
that caused damage to civil judgment enforcement agencies.
2.3. Definition, meanings and standards for determining efficiency of
law on handling with violations of enforcement of civil judgments
2.3.1. Definition of law on handling with violations of enforcement of
the civil judgments
Promoting efficiency of law on handling with violations of enforcement of
the civil judgments in prossible defined as the activities of different state
agencies, organizations and individuals, basing on specific principles, through
utilizing various forms and measures to promote efficiency of law on handling
with violations in civil judgment enforcement in order to ensure that legal

frameworks for handling with violations of civil judgement enforcement to be
more and more comprehensively, unificationally, feasibly, openly, transparently
as well as to meet the requirements of state management in process of building
socialist rule of law state, developing market economic-oriented socialist
country and international integration period.
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2.3.2. Meanings of promoting efficiency of law on handling with
violations in enforcement of civil judgments
Promoting efficiency of law on handling with violations of enforcement of
the civil judgments plays important role as well as responds to current needs of
Vietnam. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments will contribute to ensuring the rights and
fundamental freedoms of citizens. Effective handling with violations of
enforcement of the civil judgments will improve the quality of civil judgment
enforcement.
Promoting efficiency of law on handling with violations of enforcement of
the civil judgments will contribute to legalizing fully, comprehensively the
viewpoints and policies of the Party and to improving law on enforcement of
the civil judgments, law on handling with violations as well as the Vietnamese
laws in general; to ensuring the supremacy of law and the equality of society;
to improving quality and effectiveness of civil judgment enforcement; to
creating a comprehensive and stable legal basis for handling with violations of
civil judgment enforcement; to setting up a ground for establishing, promoting
and strengthening social security in process of enforcing the civil judgments; to
ensuring the rights and legitimate interests of State, society, and citizens; to
strengthening cooperation mechanisms among agencies and related organs in
process of enforcing civil judgments; to raising legal awareness for the people.
2.3.3. Criterias for identifying efficiency level of law on handling with
violations of enforcement of the civil judgments
- Comprehensiveness that requies law on hanlding with violations of

enforcement of the civil judgements to consisting of all legal normative
documents, legal institutions, legal norms which cover all aspects of law on
handling with violations of enforcement of the civil judgments.
- Consistency that requires law on hanlding with violations of enforcement
of the civil judgements which include all legal institutions, legal institutions,
and legal normative documents to be provided systematically and consistently.
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- Suitability that requires law on handling with violations of enforcement
of the civil judgments must be consistent and coherent with political, economy,
society conditions of the country and in accordance with viewpoints, policy of
the Party and legal policy of the State.
- Scientification that requires law on handling with violations of
enforcement of the civil judgments to establishing and improving efficiency of
legal regulations basing on optimal principles, to determining exactly the
structures, and to be promugated at a high level of legislative for ensuring the
comprehensiveness and scienctific viewpoint.
- Practicality that requires law on handling with violations of enforcement
of the civil judgments to be examined, evaluated, and reviewed oftenly basing
on practice conditions in order to amend and improve timely.
- Publicity and transparency that require law on handling with violations
of enforcement of the civil judgments to be provided by competent organs, and
published widely as prescribed by laws.
- Democracy that requires the process of promulgating the law on
handling with violation of enfocement of the civil judgements to creating a
channel for public participation in order to enable people to contribute their
opinion on the drafting document.
Conclusion of chapter 2
1. Violations of enforcement of the civil judgments are illegal acts, guilty
carried out by individual or legal person causing damage to the other subjects
that defined and protected by law in process of enforcement of the civil

judgments. Each violation will be applied an appropriate liability.
2. Handling with violations of enforcement of the civil judgments is legal
application activity carried out by state agencies and competent person, which
indicates enforcement nature and state power in order to handle with violations
of enforcement of the civil judgment carried out by various forms, measures
and under the procedures prescribed by laws. Handling with violations of
enforcement of the civil judgments has some common features of handling
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measures of the other violations, but also has some specific features. Handling
with violations of enforcement of the civil judgments plays a vital role in
society.
3. Law on handling with violations of enforcement of the civil judgments
includes all regulations which applied for violations causing damage to social
relationships prescribed by laws in process of enforcing civil judgements.
Contents and forms of law on handling with violations of enforcement of the
civil judgments are defined variously. Law on handling with violations of
enforcement of the civil judgments has its own characteristics due to specific
features of civil judgment enforcement.
4. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments is the process that requires all state
agencies, organizations, and individuals to take part in basing on specific
principles, and by different forms and measures that legalize the Party and
State viewpoints and policy and the willings of people. Promoting efficiency of
law on handling with violations of enforcement of the civil judgements aims at
ensuring legal system to be more comprehensive, unified, open and
transparent, feasible, radical innovation, full of legal institutions, and legal
frameworks for handling with violations of enforcement of the civil judgments,
respond to the needs of state management and maintain social order in process
of enforcing civil judgments.
5. Promoting efficiency of law on handling with violations of enforcement of

the civil judgments is an essential requirement and objective needs of society.
6. It is essential to base on different criterias for determining the level of
efficiency of law on handling with violations of enforcement of the civil judgements.

Chapter 3
CURRENT SITUATION OF LAWS AND PROMOTING EFFICIENCY
OF LAW ON HANDLING WITH VIOLATIONS OF ENFORCEMENT
OF THE CIVIL JUDGMENTS
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3.1. Current situation of laws on handling with violations of
enforcement of the civil judgments
3.1.1. Advantages and achivements
- Legal regulations on handling with violations of enforcement of the civil
judgments are provided completely and comprehensively in order to meet the
requirements of handling with violations of civil judgment enforcement.
- Legal regulations on handling with violations of enforcement of the civil
judgments are consistent and synchronous relatively.
- Legal regulations on handling with violations of enforcement of civil
judgments are basically suitable with politics, economic, and social conditions
of Vietnam.
- Legal regulations on handling with violations of enforcement of the civil
judgments meet the scientific standards.
- Legal regulations on handling with violations of enforcement of the civil
judgments reflect the practical needs.
- Legal regulations on handling with violations of enforcement of the civil
judgments have ensured basically publicity and transparency.
- Legal regulations on handling with violations of enforcement of the civil
judgments have ensured democratic value.
- Processs of implementing law on handling with violations in
enforcement of civil judgments has achieved significant results.

3.1.2. Disadvantages and limitations
- Legal regulations on handling with violations of enforcement of the civil
judgments still remain shortcomings.
- Legal regulations on handling with violations ofenforcement of the civil
judgments still include some provisions that are inconsistent and
noncomprehensive.
14
- Legal regulations on handling with violations of enforcement of the civil
judgments still remain limitation and have not yet responded to practical
requirements.
- Some regulations on process, procedures for handling with violations of
enforcement of the civil judgments are not relevant to practical needs.
- The processs of implementing law on handling with violations of
enforcement of civil judgments still reveal some limitations.
3.1.3. Causes
3.1.3.1. Cause of advantages and achivements
Advantages and achievements resulted from reasons as follows:
Perception of promulgating and promoting efficiency law on handling with
violations of enforcement of the civil judgments is increasingly focused on;
Examining, supervising, reviewing, and evaluating effectiveness of law
implementation have been carried out intensively; legal grounds for developing
law are increasingly guaranteed; legislative technic is increasingly improved;
the process of implementing law on handling with violations of enforcement of
civil judgments is increasingly focused on
3.1.3.2. Causes of disadvantages and limitations
Disadvantages and limitations still remain because of following reasons:
Viewpoints of organizations and individuals in society about the role of
measures for handling with law violations is insufficient and different; the
process of promulgation and promotion efficiency of law on handling with
violations in enforcement of civil judgments still reveal some limitations; the

process of improving legal system in Vietnam is affected by political,
economic, ideological, historical, cultural, and social factors of Vietnam; laws
on handling with violations of enforcement of the civil judgements has not yet
trained, introduced to public widely.
3.2. Current situation of promoting efficiency of law on handling with
violations of enforcement of the civil judgments
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3.2.1. Advantages, achivements and causes of promotion efficiency of
law on handling with violations of enforcement of the civil judgments
3.2.1.1 Advantages and achivements of promoting efficiency of law on
handling with violations of enforcement of the civil judgments
- During the process of formulating and developing law on handling with
violations of enforcement of the civil judgments, a large number of legal
normative documents have been promulgated. Legal system is increasingly
improved to be more comprehensive and widen scope.
- The development of legislation related to handling with violations of
enforcement of the civil judgments has gradually strengthened and contributed
to improving quality of legal normative documents.
- The legal regulations on handling with violations of enforcement of the
civil judgments have been amended, revised, and abolished by new regulations
promptly.
- The process of developing and improving legal regulations on handling
with violation of enforcement of the civil judgments has carried out
consistently and under procedures prescribed by laws.
- Quality of laws on handling with violation of enforcement of the civil
judgments has been improved.
- The legislation development and promotion efficiency of laws on
handling with violation of enforcement of the civil judgments has been carried
with main focus on improving quality, responsiveness of the social needs in
civil jugdment enforcment.

- Laws on handling with violations of enforcement of the civil judgments
have been formulated and improved relatively which are more consistent,
balance, and harmonious.
- Legal regulations on handling with violations of enforcement of the civil
judgments have their own features, and with both traditional and modern
aspect.
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- Legislative technique in general and technique for formulating legal
regulations on handling with violations in enforcement of civil judgments in
particular have been increasingly improved.
3.2.1.2. Causes of advantages and achivements
The development and improvement laws on handling with violations of
enforcement of the civil judgments has been focused and strengthened. Perception
and viewpoints of development and improvement of laws on handling with
violations of enforcement of the civil judgments has been enhanced. The
proposed programs and plans for promoting efficiency of laws on handling
with violations of enforcement of civil judgments have been focused and
improved. The State has focused on doing researches related to basical theories of
laws, legal technique as well as concentrated to examining, reviewing,
evaluating of effectiveness, and giving essential budgets for these activities.
3.2.2. Disadvantages, limitations, and causes of promotion efficiency of
law on handling with violations of enforcement of civil judgments
3.2.2.1. Disadvantages and limitations of promotion efficiency of law on
handling with violations of civil judgment enforcement.
- The development and improvement of law on handling with violations of
enforcement of the civil judgments has not been carried out effectively and
achieved its target.
- The development and improvement of law on handling with violations of
enforcement of the civil judgments has not been considered properly.
- The quality of development and improvement of law on handling with

violations in enforcement of civil judgments is still limited.
- Process of promoting efficiency of law on handling with violations of
enforcement of the civil judgments has not been carried out comprehensively,
consistently in all aspects of legal system.
- Strategic programs and plans for promoting efficiency of law on
handling with violations in enforcement of civil judgments reveal shortcomings
and are not considered seriously.
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- The process of improving law on handling with violations of
enforcement of civil judgments is not conducted frequently and does not
respond to the social needs.
- Promoting efficienct of law on handling with violations in enforcement
of civil judgments has been carried out unintentionally without master
implementation plan in many cases.
- The quality of evaluating and reviewing legal regulations on handling
with violations in enforcement of civil judgments remains very low.
- The proposals for improving law on handling with violations in
enforcement of civil judgments have been carried without basing on both
theory and practical aspects; therefore they could not meet the needs of society.
- The evaluation of law on handling with violations of enforcement of the
civil judgments has not been conducted frequently and wholly.
- Conditions to ensure the improvement of law on handling with violations
of civil judgments enforcment has some limitations.
3.2.2.2. Causes of disadvantages and limitations
There is a lack of essential resources such as: human, facilities, technique,
and finance for developing and promoting efficiency of law on handling with
violations of enforcement of the civil judgments. There is also limitation in
understading about the needs for promoting efficiency of law on handling with
violations in enforcement of civil judgments. The State has not made master
and strategic plans for improving law on handling with violations of

enforcement of civil the judgments. In addition, civil judgment enforcement is
not defined as one of the most important aspects in society. Researching,
evaluating and reviewing the quality and efficiency of improvement process of
law on handling with violations of enforcement of the civil judgments reveals
many shortcomings and carried out slowly.
Conclusion of chapter 3
1. There are significant achievements of law on handling with violations
in enforcement of civil judgments according to evaluation of curent law on
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handling with violations of enforcement of the civil judgments basing on the
content, form, and implementation aspects.
2. Although law on handling with violations of enforcement of the civil
judgments also has advatanges and achivements but also has many
disadvantages and limitations.
3. From the pratical point of view, the process of improving improving
law on handling with violations in enforcement of civil judgments recently has
gained some significant results and achivements.
4. However, the process of promoting efficiency of law on handling with
violations of enforcement of the civil judgments has some certain
disadvantages and limitations as well as has not yet met desired targets.
5. There are many reasons in both objective and subjective sides that
raised many challenges to process of promoting efficiency of law on handling
with violations in enforcement of civil judgments.
6. It is essential to continue promoting efficiency of law on handling with
violations of enforcement of the civil judgments in order to ensure that legal
regulations on handling with violations in enforcement of civil judgments are
more comprehensive, consistent, and feasible.
Chapter 4
SOLUTIONS FOR PROMOTING EFFICIENCY
OF LAW ON HANDLING WITH VIOLATION OF ENFORCEMENT

OF THE CIVIL JUDGMENTS
4.1. Principles of promoting efficiency of law on handling with
violations of enforcement of the civil judgments
4.1.1. General Principles
4.1.1.1. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments is an urgent need for building socialist rule
of law state of Vietnam.
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4.1.1.2. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments must base on the requirements of open
market socialist-oriented economy.
4.1.1.3. Promoting law on handling with violations of enforcement of the
civil judgments must follow the needs to promote international cooperation in
legal, judicial areas and international economic integration.
4.1.2. Particular principles
4.1.2.1. Promoting effiency of law on handling with violations of
enforcement of the civil judgments has been carried out basing on: Resolution
No. 48-NQ/TW dated 24 May 2005 issued by Communist Party on strategies
to develop and promote efficiency of legal system in Vietnam by 2010 and
strategy to 2020; and Resolution No. 49-NQ/TW dated 02 June 2005 on
judicial reform strategy by 2020 issued by Politburo of Central Communist
Party. Promoting efficiency of law on handling with violations of the civil
judement enforcement has carried out in order to specify regulations of
Constitution on the principles of strictly handling with violations; of strictly
binding and enforcment judgements and dicisions of court in order to protect
human rights and citizen’s rights.
4.1.2.2. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments needs to be implemented in connection to
process of enhancing the effectiveness of civil judgment enforcement;
maintaining public order of civil judgement enforcment; and ensuring that

legal relationships related to civil judgment of enforcement are established and
carried out under legal frameworks of law on civil judgement enforcment.
4.1.2.3. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments must comply with process of imporing
legal system in Vietnam in order to ensure consistency and coherent.
4.1.2.4. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments must be carried out in relation with the
process of improving the quality of violation settlement in process of civil
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judgment enforcement in order to ensure the efficiency, effectieveness and
supremacy of laws.
4.1.2.5. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments must create an effective channel for
cooperation among relevant agencies in process of handling with violation of
enforcement of the civil judgements.
4.1.2.6. Promoting efficiency of law on handling with violations of
enforcement of the civil judgments must be carried out parellely with the
process of raising, training, and educating legal knowledges of public, as well
as process of maintaining professonal staffs of this field.
4.1.2.7. Enhancing democracy and promoting the participation of people
and social organizations in legislative activities in order to ensure that: law on
handling with violations of enforcement of civil judgments is enforced fully
and reflected properly the wills and aspirations of people; the supremacy of
law principle is strengthened in process of promulgating, developing and
improving the law on handling with violations of enforcement of the civil
judgments.
4.2. Solutions for developing and promoting efficiency of law on
handling with violations of enforcement of the civil judgments
4.2.1. Solutions for promoting efficiency of law on handling with
violations of enforcement of the civil judgments

Option 1: Legal regulations on handling with violations in enforcement of
civil judgments will be fully systemized and provided by an Act on handling
with violations of civil judgement enforcement. There are two ways for
implementing this proposal such as: promulgation of a specialized act on
handling with violations in enforcement of civil judgments; or law on civil
judgement enforcement will have one chapter for providing provisions on
handling with violations of civil judgement enforcement.
Option 2: The forms and contents of legal regulations on handling with
violations of enforcement of the civil judgments will be maintained as current.
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However, it is essential to amend and suplement those regulations in order to
ensure that legal regulations on handling with violations of civil judgement
enforcement are more consistent, comprehensive, and coherent.
Although the above mentioned proposals have their advantages and
disadvantages but the proposal 2 is a feasible and reasonable solution in a
comprehensive review, it is seen that scheme 2 is more reasonable.
4.2.2. Content of improving law on handling with violation of
enforcement of the civil judgments
According to the option 2 as mentioned above, improving law on handling
with violation of enforcement of the civil judgments includes two major works:
codifying legal regulations on handling with violations of civil judgement
enforcement and amending, supplementing as well as promulgating new
regulations.
Promoting efficiency of law on handling with violations of enforcement of
the civil judgments according to this option will be performed
comprehensively through the contents of laws and each handling measure of
violation of law on civil judgment enforcement: handling measures applied for
administrative violations, crimes, civil violations, disciplinary violations,
violations causing damages when public official carries out public duty; and,
violations caused damage to civil judgment enforcement agencies.

4.3. Solution for raising awareness
4.3.1. Raising awareness of state agencies and sectors about the
importance of promoting efficiency of law on handling with violations of
enforcement of civil judgments
4.3.2. Summarizing and evaluating deeply, comprehensively law on
handling with violations of enforcement of the civil judgments based on
current practice and the practical requirements in order to develop
theoretical grounds and propose solutions for improving law on handling
with violations of enforcement of the civil judgments
4.3.3. Developing theoretical grounds and scientific arguments on promoting
efficiency of law on handling with violations of civil judgments enforcement
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4.3.4. Reforming process and procedures of developing and improving
law on handling with violations of enforcement of the civil judgments
4.4. Solutions for law implementation
4.4.1. Enhancing the role and capacity of the civil judgment
enforcement agencies in implementing law on handling with violations of
enforcement of the civil judgments
4.4.2. Building capacity of public servants who are responsible for
implementing law on handling with violations of enforcement of the civil judgments
4.4.3. Monitoring the implementation of law on handling with
violations of enforcement of the civil judgments
Conclusion of chapter 4
1. Promoting efficiency of law on handling with violations of enforcement
of the civil judgments must follow fundamental principles. In addition, the
process of improving law on handling with violations of civil judgments
enforcement has to meet the typical requirements of civil judgment
enforcement in Vietnam.
2. Promoting efficiency of law on handling with violations of enforcement
of the civil judgments plays important role currently.

3. Promoting efficiency of law on handling with violations of enforcement
of the civil judgments requires to dealling with disadvantages and limitations
of legal regulations on handling with violations of enforcement of the civil
judgments as well as reaching the administrative reform target.
4. Promoting efficiency of law on handling with violations of enforcement
of the civil judgments must be conducted comprehensively through improving
both contents and form of laws. 5. Systemizing and codifying legal
regulations on handling with violations of civil judgement enforcement is the
most important factor for developing and promoting efficiency of that law
currently. Therefore, it is necessary to amend, supplement and promulgate new
legal regulations on handling with violations of civil judgments enforcement.
5. In order to promote efficiency of law on handling with violations of
enforcement of the civil judgments, it is essential to raise public awareness
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about the meaning of improving law on handling with violations of
enforcement of the civil judgments.
6. The implementation of law plays important role in process of
promoting efficiency of law on handling with violations of enforcement of civil
judgments.

CONCLUSION
1. Law on handling with violations of enforcement of the civil judgements
consists of all legal regulations on handling with violations causing damages to
social relations, and happening in process of organizing and implementing civil
judgement, in which, handling with violations in enforcement of civil
judgements is defined as legal application carried out by state agencies and
competent person in order to apply liability to subject who violated the laws by
various measures that are relevant to each type of violation. Those measures
are compulsory and ensured by state power.
2. Promoting efficiency of law on handling with violations of enforcement

of the civil judgements is the implementation process of all state organs,
organizations and individuals basing on specific principles and using various
forms and measures in order to promote law on handling with violations of
enforcement of the civil judgements to be more coherently, consistently,
comprehensively, unificationally, feasibly, openly, transparently; and to meet
the requirements of socialist rule of law state, open market socialist oriented
economy and current conditions of society according to State’s policy and the
people's aspirations. Promoting efficiency of law on handling with violations
of enforcement of the civil judgements is one of the most important tasks and
responds to the current needs of society.
3. Although law on handling with violations of enforcement of civil
judgements has gained important results but also revealed many disadvantages and
limitations.