Name of recommendations: Recommendation on the fact that the Department of Civil Judgment Enforcement of Long An Province has disregarded the written request documents of the Supreme People's Court to postpone the execution of the judgment because of the case is being handled

Status: Responded

Recommended by units: Madam Nguyen Thi Cuc, the Chairman of Long An Textile Joint Stock Company

Official letter: 1680/PTM - VP, dated: 2017-07-14

Recommended contents:

The case of Long An Textile Joint Stock Company originated from 4 credit contracts, including 3 contracts with the wrong amount of "false" was 68 billion that I was the direct implementation with Merchants Bank Techcombank (Techcombank).

 After that, the 2 nd tribunal has adjudicated the Long An Textile Joint Stock Company to pay all 4 credit contracts by 2 first instance and appellate Judgments. In the process of trial, the two-tiered court ignored a number of unreasonable claims such as multiple defaults and uncollected debt. Four additional notices of correction and supplementation of the judgment shall be made with the addition of two extra pieces of property not yet available during the course of the case, to ensure the execution of the judgment. These "judgments" were supervised by the Provincial People's Council in Long An Province, which was confirmed that it was unlawful (the subject was supervised by a Judge, Mr.  Tran Van Quan who is the Judge of adjudication of the appellate judgment)

Due to wrong 3 credit contracts and then 4 Notices of Correction and supplement the "llegally “sentence”, we did not voluntarily execute the sentence and asked for help to many authorities in Long An Province, local and central vertical agencies. However, all of our applications have still not received the feedback as well as the investigation of the problem.

The execution of the judgment, the Department of Civil Judgment Enforcement of Long An Province was despite the provisions of law, organized the price evaluation in the form of "coercion", to occupy our property; appropriated the property of other entities, deliberately stopped all production and business activities of the Company on July 19, 2016 with a "premise" the Department of Civil Judgment Enforcement of Long An Province would come to the company for price appraisal distrained property, ...

  More seriously, the the Department of Civil Judgment Enforcement of Long An Province rejected the request of the Supreme People's Court to postpone the execution of the sentence because the case is being accepted by the People's Court District 1 of Hochiminh City for handling the case of " mortgage contract dispute " under Article 48 of the Law on Civil Judgment Enforcement.

 We sued Techcombank because during the enforcement of the judgment we found Techcombank had been lying in providing the case to 2nd tribunal of Long An Province and the Department of Civil Judgment Enforcement of Long An Province. It is also one of the many unfairness that we are urgently asking for help..

 The People's Court of Long An Province, which is responsible for direct supervision of the execution of judgments, was complicit with the Department of Civil Judgment Eenforcement in the whole process of judgment execution. The authorities of Long An Province when reviewing and acknowledging our grievances but then they do not understand why the People's Court of Long An Province and the Department of Civil Judgment Eenforcement have the contrary documents.