Mẫu Quyết định về việc chấm dứt việc cưỡng chế khai thác tài sản (Mẫu số A36-THADS)

The provided document, titled "Quyết định về việc chấm dứt việc cưỡng chế khai thác tài sản," represents a critical administrative act within the Vietnamese legal framework for civil judgment enforcement. This formal decision, issued by a Civil Judgment Enforcement Department, is instrumental in concluding specific enforcement measures related to asset exploitation. Understanding its structure, legal basis, and implications is crucial for legal practitioners and scholars. It underscores the practical application of the Law on Civil Judgment Enforcement, particularly concerning the rights and responsibilities of parties involved in cases of "thi hành án dân sự". The decision's issuance highlights the procedural mechanisms for ensuring legal certainty and equitable resolution in asset-related disputes, ultimately contributing to the integrity of the judicial enforcement system.

Legal practitioners, judges, court officials, civil judgment enforcement officers, legal researchers, and parties directly involved in civil judgment enforcement cases in Vietnam.

This "Quyết định" (Decision) from a Civil Judgment Enforcement Department formally announces the termination of the "cưỡng chế khai thác tài sản" (forced exploitation of assets) for a specified individual or entity. The document is meticulously grounded in Vietnamese law, citing multiple legal bases, notably Khoản 5 Điều 20 and Khoản 1 Điều 109 of the Law on Civil Judgment Enforcement. Additionally, it refers to a hierarchy of prior legal instruments, including specific judgments, prior enforcement decisions, and previous decisions pertaining to the forced exploitation itself, ensuring a robust legal foundation for its issuance. The procedural approach adopted is highly formal, reflecting standard administrative legal practices where actions are explicitly tied to codified law and preceding judicial or administrative mandates. Article 1 of the decision clearly stipulates the subject of this termination, while Article 2 outlines the collective responsibility of the "người phải thi hành án" (judgment debtor), "người được thi hành án" (judgment creditor), and any other related parties to comply with this decision. Article 3 declares the immediate effectiveness of the "Quyết định" upon its signing. The value and implications of such a document are substantial, as it provides definitive closure to a potentially complex "thi hành án dân sự" process, safeguarding the legitimate rights and interests of all stakeholders. It exemplifies the systematic legal mechanisms in Vietnam for managing and concluding asset-related enforcement actions, reinforcing the rule of law and ensuring procedural fairness in the resolution of civil matters.