Circular No. 01/2013/TT-BTP guiding the reporting system for civil enforcement statistics

CIRCULAR
 Guidelines on the Reporting and Statistical System for Civil Enforcement

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Pursuant to the Civil Enforcement Law 2008;

Based on the Statistics Law of 2004;

Pursuant to Decree No. 40/2004/NĐ-CP dated February 13, 2004 of the Government detailing and guiding the implementation of certain provisions of the Statistics Law;

Based on Decree No. 93/2008/NĐ-CP dated August 22, 2008 of the Government stipulating the functions, tasks, and powers of the Ministry of Justice;

Based on Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government detailing and guiding the implementation of certain articles of the Civil Enforcement Law regarding civil enforcement management agencies, civil enforcement agencies, and civil enforcement officers;

The Minister of Justice issues this Circular to guide the Reporting and Statistical System for Civil Enforcement as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular guides the Reporting and Statistical System for Civil Enforcement, including: the establishment and submission of civil enforcement statistical reports; methods of calculation in civil enforcement statistical reports; utilization and publication of civil enforcement statistical information; organization of the implementation of the Reporting and Statistical System for Civil Enforcement; inspection, supervision, commendation, and handling of violations in the implementation of the reporting and statistical system for civil enforcement.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) The Civil Enforcement General Bureau;

b) Provincial Civil Enforcement Bureau under centrally governed cities;

c) District Civil Enforcement Bureau under provinces, districts, towns, and provincial cities;

d) Enforcement Officers and civil servants engaged in civil enforcement work;

đ) The Civil Enforcement Bureau of the Ministry of National Defense;

e) Civil Enforcement Office of Military Region, Military Branch, and equivalent (hereinafter referred to as Civil Enforcement Office at the Military Region level);

g) Enforcement Officers and civil servants engaged in civil enforcement work within the military;

h) Other organizations and individuals related to civil enforcement activities as prescribed by law.

Article 2. System of Forms

The system of civil enforcement statistical forms issued together with this Circular includes:

1. List of forms and levels of implementation.

2. Civil enforcement statistical forms:

a) Results of civil enforcement calculated based on proactive enforcement actions;

b) Results of civil enforcement calculated based on enforcement requests;

c) Results of civil enforcement calculated based on proactive monetary enforcement;

d) Results of civil enforcement calculated based on monetary enforcement requests;

đ) Results of civil enforcement calculated based on monetary enforcement by organizations and individuals;

e) Results of civil enforcement calculated based on distribution among enforcement agencies and Enforcement Officers;

g) Results of civil enforcement calculated based on monetary distribution among enforcement agencies and Enforcement Officers;

h) Proposals for exemption and reduction of civil enforcement;

i) Number of cases and amounts in court judgments and decisions that are unclear or contain errors, which the enforcement agency has requested clarification and the results of the court's or competent authority's response;

k) Number of enforcement actions without and with mobilization of forces;

l) Complaints and resolution of complaints in civil enforcement;

m) Accusations and resolution of accusations in civil enforcement;

n) Implementation results of staffing quotas and civil servant structure of civil enforcement agencies;

p) Qualifications of civil servants in civil enforcement agencies;

q) Number of supervisory visits and implementation results of supervisory conclusions;

r) Number of inspections and inspection results;

s) Number of cases and amounts of judgments and decisions subject to appeal and appeal handling by courts and prosecution offices;

t) Number of cases and amounts of state compensation in civil enforcement;

u) Number of administrative enforcement urging actions.

Article 3. Authorities receiving civil enforcement statistics reports and procedures for reporting civil enforcement statistics 1. Authorities receiving civil enforcement statistics reports:

a) Civil Enforcement Office;

c) General Department of Civil Enforcement;

b) Civil Enforcement Bureau;

d) People's Council and People's Committee at the same level;

đ) Military Region Civil Enforcement Office, Military Branch Civil Enforcement Office, and equivalent levels (hereinafter referred to as Military Region level);

e) Civil Enforcement Bureau - Ministry of National Defense;

g) Commander of Military Region;

h) Statistics authority at the same level.

2. Procedures for reporting civil enforcement statistics:

a) Enforcement officer reports civil enforcement statistics to their working unit;

b) Civil Enforcement Office reports statistics to the Civil Enforcement Bureau, People's Council, People's Committee at district level, and statistics authority at the same level;

c) Provincial Civil Enforcement Bureau reports statistics to the General Department of Civil Enforcement, People's Council, People's Committee at provincial level, and statistics authority at the same level;

d) Civil Enforcement officers in the military report statistics to the Military Region Civil Enforcement Office where they work;

đ) Military Region Civil Enforcement Office reports statistics to the Military Region Commander and the Civil Enforcement Bureau of the Ministry of National Defense;

e) Civil Enforcement Bureau of the Ministry of National Defense reports statistics to the Minister of National Defense and the Minister of Justice (General Department of Civil Enforcement);

g) The General Department of Civil Enforcement compiles civil enforcement statistics nationwide and reports to the Minister of Justice to report to the Government, National Assembly, and other competent authorities when required.

Article 4. Forms for reporting civil enforcement statistics

1. Periodic reporting forms:

The periodic civil enforcement statistics reporting form includes 19 forms, as stipulated in Clause 2, Article 2 of this Circular.

2. Ad hoc reporting forms:

Ad hoc reporting is carried out according to the written request of the competent authority. In cases where ad hoc reporting is required to fulfill management requirements in civil enforcement, the requesting authority must issue a written request specifying the time, deadline, specific content of the statistical report, and any other requirements (if applicable) for the organization or individual being requested to comply with.

Article 5. Reporting periods for civil enforcement statistics

The reporting period for civil enforcement statistics is calculated according to the Gregorian calendar, starting from October 1st of the previous year and ending on the last day of each month corresponding to the reporting period. The civil enforcement statistics reporting year ends on September 30th of the following year. The reporting period for civil enforcement statistics includes 12 periods: one month, two months, three months, four months, five months, six months, seven months, eight months, nine months, ten months, eleven months, twelve months.

Article 6. Legal value of civil enforcement statistics data

Civil enforcement statistics data is part of the judicial sector's statistical data. After being published with legal value, no organization or individual may alter or compel another organization or individual to publish false civil enforcement statistics data. Civil enforcement statistics data serves as a basis for managing and directing civil enforcement activities.

CONTENT OF CIVIL ENFORCEMENT STATISTICS AND IMPLEMENTATION OF THE REPORTING SYSTEM FOR CIVIL ENFORCEMENT STATISTICS

Chapter II

CONTENT OF THE ENFORCEMENT STATISTICS OF CIVIL EXECUTIONS

AND IMPLEMENTATION OF THE REPORTING SYSTEM FOR THE STATISTICS OF CIVIL EXECUTIONS

Article 7. Method of Calculation in Enforcement Statistics Report stipulating functions

The figures in the civil enforcement statistics report shall be calculated using the cumulative method.

Article 8. Preparation of Civil Enforcement Statistics Reports

1. At the end of each reporting period, organizations and individuals responsible for preparing the reports must finalize the period-end figures, close the books, and prepare the report forms. Results from each period must be reported within that period.

2. At the end of the reporting year, the Civil Enforcement Agency shall compile a list of civil enforcement cases not yet completed and transfer it to the Civil Enforcement General Department under the Ministry of Justice for monitoring and management.

The Military Region Enforcement Office shall compile a list of enforcement cases not yet completed and transfer it to the Civil Enforcement Agency under the Ministry of National Defense for monitoring and management.

3. The date of preparation of the statistics report shall be immediately after the closing date. If the preparation date coincides with a public holiday, Tet holiday, or weekend, then the preparation date shall be the next working day following that date.

4. The method of preparing the statistics report shall be carried out according to the guidelines set forth in Appendix 2 attached to this Circular.

Article 9. Form of Civil Enforcement Statistics Report and Method of Sending the Report

1. Form of Civil Enforcement Statistics Report:

a) The Civil Enforcement Statistics Report of the Civil Enforcement Agency, Civil Enforcement Branch, and Military Region Enforcement Office shall be in writing, signed by the preparer, the Director, Branch Chief, and Head of the Military Region Enforcement Office, stamped according to regulations, and accompanied by an electronic data file.

b) The Civil Enforcement Statistics Report of the Enforcement Officer shall be in writing, signed by the preparer who is the Enforcement Officer.

2. Method of Sending the Civil Enforcement Statistics Report:

The Civil Enforcement Statistics Report shall be sent to the recipient by one of the following methods:

a) Sent via postal service;

b) Direct delivery.

In case of necessity to ensure timely submission of data as required by competent authorities immediately after issuance, the report may be sent via email or fax. Email transmission must use an email address provided by the Ministry of Justice ([email protected]). Thereafter, the original copy shall be sent to the Civil Enforcement General Department for monitoring and management.

Article 10. Date and Deadline for Sending Civil Enforcement Statistics Report

1. Date of Sending Civil Enforcement Statistics Report:

The sending date of the report is the date marked on the postal stamp, the fax date, the email sending date, or the receipt date if the report is delivered directly.

2. Deadline for Sending Civil Enforcement Statistics Report:

a) Not later than the third day of the subsequent reporting period, the Enforcement Officer shall send the statistics report of the previous period's enforcement results to the head of the Civil Enforcement Agency where they work;

b) Not later than the fifth day of the subsequent reporting period, the Civil Enforcement Branch shall send the statistics report of the previous period's results to the Civil Enforcement Agency and other agencies designated to receive the report;

c) Not later than the tenth day of the subsequent reporting period, the Civil Enforcement Agency shall send the statistics report of the previous period's results of its unit and the entire province to the Civil Enforcement General Department and other agencies designated to receive the report;

d) Not later than the third day of the subsequent reporting period, the Civil Enforcement Officer in the military shall send the statistics report of the previous period's enforcement results to the Head of the Military Region Enforcement Office where they work;

đ) Not later than the fifth day of the subsequent reporting period, the Military Region Enforcement Office shall send the statistics report of the previous period's civil enforcement results of its unit to the Civil Enforcement Agency under the Ministry of National Defense and other agencies designated to receive the report;

e) Not later than the tenth day of the subsequent reporting period, the Civil Enforcement Agency under the Ministry of National Defense shall send the statistics report of the previous period's enforcement results in the military to the Minister of National Defense and the Minister of Justice (Civil Enforcement General Department) and other agencies designated to receive the report;

g) Not later than the fifteenth day of the subsequent reporting period, the Civil Enforcement General Department shall send the statistics report of the previous period's enforcement results to the Minister of Justice.

Article 11. Amending figures in civil enforcement statistical reports

When it is necessary to amend figures in civil enforcement statistical reports, the reporting unit or individual must submit supplementary reports and provide detailed explanations regarding the amendments, and such submissions must be confirmed with signatures and seals from the relevant authority. Unauthorized erasing or altering in the statistical report forms is strictly prohibited.

Article 12. Inspection and Audit in Civil Enforcement Statistics

1. Inspection in Civil Enforcement Statistics:

Inspection in civil enforcement statistics includes the following contents:

a) Implementation of legal provisions on statistics;

b) The implementation of the Reporting System for Civil Enforcement Statistics;

c) Other related contents concerning civil enforcement statistics.

2. Audit in Civil Enforcement Statistics:

Audits in civil enforcement statistics shall be conducted in accordance with the laws on audit.

Article 13. Authority to Publish Figures in Civil Enforcement Statistical Reports

The Minister of Justice shall publish figures in civil enforcement statistical reports or delegate this authority to the Director of the Civil Enforcement General Department. The form of publication shall comply with the provisions of the law.

Article 14. Utilization of Information in Civil Enforcement Statistical Reports

Figures in civil enforcement statistical reports shall be used as one of the bases for deciding on the following fundamental issues:

1. Evaluating the results of enforcement, the organizational structure, and activities of civil enforcement agencies, enforcement officers, review officers, secretaries, and other staff members during the reporting periods.

2. Formulating plans for enforcement and assigning annual performance targets for civil enforcement agencies and enforcement officers.

3. Allocating personnel quotas; evaluating, planning, training, and promoting enforcement officers, review officers, and staff members of civil enforcement agencies.

4. Calculating competition indicators and completion rates for civil enforcement agencies.

5. Implementing financial systems in civil enforcement; considering decisions on investment funding for building offices, evidence storage facilities, and enforcement assets; providing working equipment for local civil enforcement agencies.

6. Reporting to the Government, the Standing Committee of the National Assembly, the National Assembly, and other competent authorities as prescribed by law.

7. Using for other management and operational activities aimed at enforcing civil enforcement tasks.

Chapter III

IMPLEMENTATION

Article 15. Responsibilities for Implementing the Civil Enforcement Statistical Reporting System

1. The Civil Enforcement General Department under the Ministry of Justice assists the Minister of Justice in guiding, directing, inspecting, and urging the implementation of the civil enforcement statistical reporting system.

2. The Civil Enforcement Department is responsible for implementing and guiding, directing, urging, and inspecting the implementation of the statistical reporting system for enforcement officers under the Civil Enforcement Department and district-level Civil Enforcement Sub-departments.

3. The Civil Enforcement Sub-department is responsible for implementing and urging and inspecting enforcement officers within its unit regarding the implementation of the civil enforcement statistical reporting system.

4. The Civil Enforcement Department of the Ministry of Defense is responsible for implementing and assisting the Minister of Defense in guiding, directing, inspecting, and urging the implementation of the civil enforcement statistical reporting system within the military.

5. The Civil Enforcement Office at the Military Region Level is responsible for implementing the civil enforcement statistical reporting system and guiding, directing, urging, and inspecting the implementation of the statistical reporting system for enforcement officers under its management.

6. Enforcement Officers are responsible for implementing the civil enforcement statistical reporting system.

Article 16. Coordination Relationships in Implementing the Reporting and Statistical System for Civil Enforcement

The working relationship between the General Department of Civil Enforcement and relevant units in implementing the Reporting and Statistical System for Civil Enforcement shall be carried out in accordance with the provisions of Circular No. 08/2011/TT-BTP dated April 5, 2011 of the Ministry of Justice guiding certain contents regarding the statistical work of the judicial sector.

Article 17. Rewards and Handling of Violations

1. Organizations and individuals who have achievements in implementing the Reporting and Statistical System for Civil Enforcement shall be rewarded according to current regulations.

2. Organizations and individuals who violate the Reporting and Statistical System for Civil Enforcement shall be subject to disciplinary action or held accountable under the law depending on the nature and severity of the violation.

Article 18. Effective Date

1. This Circular takes effect from February 20, 2013 and replaces Decision No. 02/2006/QĐ-BTP dated April 14, 2006 of the Minister of Justice promulgating the Statistical System for Civil Enforcement.

2. Any difficulties encountered during implementation should be promptly reported to the Ministry of Justice for study and resolution.