NECESSARY INFORMATION ABOUT PROVISIONAL EMERGENCY MEASURES IN CIVIL DISPUTES SETTLEMENT
In accordance with report on statistics of civil judgment enforcement results of the General Department of Civil Judgment Enforcement - Ministry of Justice in the first 11 months of 2020, the rate of judgments, decisions that are finished executing among conditional ones is approximately 70.31%. The total amount for judgment enforcement in the first 11 months of 2020 is more than 262 trillion VND. However, there are up to 97 trillion "unable to execute judgments", 152 trillion "sufficient conditions for judgment execution", but in fact, the judgment enforcement agencies only collect about 38 trillion VND of the " sufficient conditions for judgment execution".
The actual figures above have partly revealed the difficulty of competent authorities in verifying judgment execution conditions as well as in asset recovery. In order to protect the legitimate rights and interests of the parties in the dispute settlement process, understanding and applying provisional emergency measures is extremely important and necessary.
What is a provisional emergency measure?
Provisional emergency measure is a measure that the court decides to apply in order to provisionally deal with the urgent petitions of the involved parties, to protect lives, health, properties as well as evidence, to preserve their current conditions in order to avoid irrecoverable damage and to ensure the lawsuit settlement or judgment execution.
Provisional emergency measures
Provisional emergency measures prescribed in Article 114 of the Code of Civil Procedure 2015 consist of 16 measures:
When should provisional emergency measures be applied?
The involved parties or their lawful representatives or agencies, organizations or individuals instituting the cases (hereinafter referred to as “the involved parties”) may petition the Courts to apply one or more provisional emergency measures in the following cases:
Forcible application of security measures when requesting to apply one of the provisional emergency measures
As it may seriously infringe upon the legitimate rights and interests of the person being applied or a third person, when petitioning the Court to apply one of the provisional emergency measures that required security measures, the petitioner must take the measures according to the provisions of Article 13 of Decree No. 02/2020/NQ-HDTP
.
We should take it into consideration in advance or get advices from consulting experts before petitioning provisional emergency measures to be well-prepared and to have promptly solution.
Procedures for application of provisional emergency measures
Procedures for application of provisional emergency measures are prescribed in detail and clearly in Resolution 02/2020/NQ-HDTP on guidelines for certain regulations on provisional emergency measures of the Civil Procedure Code issued by The Council of Judges of Supreme Court dated 24/09/2020.
Above is the consultation of Dai Ha Thanh Law Firm for application of provisional emergency measures. If you need more detailed advice, please liaise us for quick and effective support.
