Joint Circular No. 03/2012/TTLT-BTP-BCA on specific matters concerning cooperation in protection and enforcement during civil execution proceedings

JOINT CIRCULAR

Detailed regulations on cooperation in protection and enforcement during civil execution

Pursuant to the Civil Enforcement Law on November 14, 2008;

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

Based on Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: The Ministry of Justice and the Minister of the Ministry of Public Security issue this Circular detailing specific cooperation in protection and enforcement during civil execution.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details specific cooperation in protection and enforcement during civil execution (hereinafter referred to as cooperation in protection and enforcement) between civil execution agencies, public security agencies at the same level, and related agencies, organizations, and individuals when organizing enforcement with mobilization of forces.

Article 2. Applicability

This Circular applies to:

1. Civil execution agency;

2. Public security agency at the same level;

3. Agencies, organizations, and individuals related to cooperation in protection and enforcement during civil execution.

Article 3. Principles of Cooperation

Cooperation in protection and enforcement must ensure the following principles:

1. Promptness, timeliness, effectiveness, and compliance with legal provisions.

2. Implementation of functions and tasks as prescribed by law without affecting the specialized activities of each sector.

3. Ensuring safety for the lives, health, dignity, personality, and property of the people and those participating in enforcement.

Chapter II

SPECIFIC PROVISIONS

Article 4. Cooperation in drafting enforcement plans

1. At least ten days before issuing the enforcement plan for civil execution, the head of the civil execution agency must provide information and exchange opinions with the public security agency at the same level and related agencies and organizations regarding the specific contents and requirements of the enforcement case involving force mobilization for protection, including:

a) Name and address of the person to be enforced against;

b) Estimated time and location for enforcement, enforcement measures to be applied;

c) Summary of the content of the enforcement case; complexity of the case (characteristics of the area, security and order situation in the locality, psychological development, attitude, and resistance capability of the parties involved);

d) Specific requirements of the civil execution agency for cooperative contents; estimated number of people needed for protection; necessary equipment, tools, and means for protection and budget estimate for protection.

2. Within three working days from the date of receiving information and exchanging opinions, the head of the public security agency must respond to the civil execution agency's request for cooperation in protection.

3. In cases where the public security agency at the same level has different opinions on the request for cooperation in protection, the head of the civil execution agency shall immediately organize a meeting with representatives of the public security agency to discuss and reach consensus on solutions.

4. Within two working days from the date of reaching agreement with the public security agency at the same level, the Enforcement Officer must draft the enforcement plan and submit it to the head of the civil execution agency for review. Based on the draft enforcement plan, the head of the civil execution agency shall organize a meeting with the participation of the public security agency at the same level and related agencies and organizations to seek opinions. The opinion solicitation meeting must be held at least ten days before the scheduled enforcement date.

5. Within two working days from the date of holding the opinion solicitation meeting on the draft enforcement plan, the Enforcement Officer must complete and submit the plan to the head of the civil execution agency for examination and approval. The enforcement plan includes the contents stipulated in Clause 2 of Article 72 of the Civil Execution Law.

The enforcement plan shall be immediately sent to the public security agency at the same level and related agencies, organizations, and individuals as prescribed in Clause 3 of Article 72 of the Civil Execution Law.

Article 5. Coordination in the development of plans and schemes for compulsory enforcement protection

1. Within three working days from the date of receipt of the compulsory enforcement plan from the same-level civil enforcement agency, the public security agency must develop a plan and establish a protection scheme for compulsory enforcement. The protection plan and scheme include the following contents:

a) Content of the plan

- Clearly state the purpose, requirements, and tasks of the compulsory enforcement work, ensuring security and order for the compulsory enforcement process; the situation related to the protection activities;

- Assign specific tasks to the overall commander, each force commander; allocate responsibilities to each functional unit in preparing forces, means, weapons, support tools, and other necessary professional means to serve the protection of compulsory enforcement. For cases where compulsory enforcement is assessed to have a high likelihood of complex developments, there must be reserve forces and additional means such as fire prevention and extinguishing equipment, mine detection devices, vehicles to transport law violators, handcuffs.

b) Content of the scheme

- Summarize the tasks and relevant circumstances, time, and location of implementation;

- Anticipate possible situations, particularly paying attention to resistance situations that may cause fires, explosions, damage to the lives, health, and property of organizations, citizens, officers, and soldiers participating in compulsory enforcement, and solutions to these situations (clearly stating the tasks of the commander, the responsibilities of officers and soldiers in each specific situation);

- Coordination agreements between forces and communication protocols;

- The protection scheme for compulsory enforcement must be documented in writing, accompanied by diagrams.

c) The development of the content of the plan and the scheme for compulsory enforcement protection must be discussed and agreed upon between the public security agency and the civil enforcement agency before submitting to the competent authority of the public security agency for approval.

2. The approved plan and scheme for compulsory enforcement protection must be immediately sent to the same-level civil enforcement agency for timely implementation.

Article 6. Coordination in implementing the compulsory enforcement plan and the protection plan and scheme for compulsory enforcement

1. In cases requiring coordination with multiple forces or agencies, organizations, or individuals related on the territory, the head of the civil enforcement agency shall request the Chairman of the People's Committee at the same level to direct those agencies, organizations, or individuals to cooperate with the police force to participate in protecting compulsory enforcement.

2. One working day before the compulsory enforcement, the civil enforcement agency must organize a meeting with the same-level public security agency and related agencies and organizations to discuss measures to implement the compulsory enforcement plan and the protection plan and scheme.

3. The public security agency, related agencies, and organizations have the responsibility to attend the meeting fully and according to the composition specified in the invitation from the civil enforcement agency.

The civil enforcement agency has the responsibility to provide information about the case content, the organization process of enforcement, and ensure funding for compulsory enforcement and protection according to regulations.

4. At the compulsory enforcement session, coordination is carried out as follows:

a) The police force assigned to protect compulsory enforcement must be present from the start to the end of the compulsory enforcement process to maintain order and ensure safety throughout the compulsory enforcement process.

Functional forces under the public security agency and other forces assigned to coordinate in protecting compulsory enforcement must comply with orders and direct command of the commander of the Criminal Enforcement Police and Judicial Support Force.

b) Forces participating in protecting compulsory enforcement within their functions and duties are responsible for implementing lawful requests of the person in charge and directing the compulsory enforcement.

Article 7. Coordination with the People's Committee at the commune level in enforcing civil judgments

The agency responsible for enforcing civil judgments requests the People's Committee at the commune level where enforcement is taking place to send representatives to participate in the enforcement of civil judgments, mobilizing local forces to coordinate with the police to protect the enforcement of civil judgments.

Article 8. Handling situations arising during the protection of enforcement

1. During the enforcement process, the commander of the Criminal Enforcement Police and Judicial Assistance must promptly inform the person in charge of directing the enforcement session about complex developments related to security and public order that affect the enforcement of civil judgments so that appropriate measures can be taken.

2. When an incident occurs within the scope of functions and responsibilities of a particular agency, that agency shall take the lead in handling it, while other agencies within their respective functions and responsibilities shall cooperate. In cases where incidents fall under the jurisdiction of multiple sectors, the first unit to discover the incident shall handle it according to its authority, then transfer it to the main authority for resolution. If the incident does not fall under the jurisdiction of the enforcement forces, it must be reported to the competent authority for consideration and decision.

3. If there is evidence that an incident may become complex, adversely affecting security, public order, and social safety, and if the enforcement force has not yet taken measures to address it, the police may request the person in charge of enforcement to consider suspending the enforcement of the judgment.

Article 9. Costs for protecting enforcement of civil judgments

Costs for protecting enforcement of civil judgments shall be implemented in accordance with the law on enforcement costs.

Chapter III

IMPLEMENTATION

Article 10. Organizing meetings to draw lessons

Every six months, the agency responsible for enforcing civil judgments shall organize meetings, in coordination with the police at the same level, to evaluate, exchange, and draw lessons from the results of cooperation in protecting enforcement in civil judgments. If necessary, relevant agencies, organizations, and individuals may be invited to participate.

For complex enforcement cases that affect security, politics, public order, and social safety in the locality, immediate meetings should be organized to draw lessons.

Article 11. Summary, evaluation, and implementation guidance

Annually, the Ministry of Justice shall take the lead, coordinating with the Ministry of Public Security to compile reports, assess the implementation of cooperation in protecting enforcement of civil judgments between the agency responsible for enforcing civil judgments and the police at various units and localities, to provide timely guidance, supervision, and inspection of such cooperation; and take corrective measures and draw lessons to ensure safe, effective, and lawful cooperation in protecting enforcement of civil judgments.

Article 12. Information and Reporting on Implementation

1. The Civil Execution General Department under the Ministry of Justice and the Criminal Enforcement and Judicial Assistance General Department under the Ministry of Public Security shall serve as the focal points for the Ministry of Justice and the Ministry of Public Security in guiding, receiving information, reporting, and inspecting the implementation of this Circular by civil execution agencies and police at various units and localities.

2. Provincial Civil Execution Departments and Public Security Departments shall be responsible for directing, supervising, and monitoring subordinate agencies under their jurisdiction in implementing cooperation in protecting enforcement of civil judgments; providing information and reporting on the implementation and results of this Circular.

Article 13. Effective Date

This Circular takes effect from May 15, 2012.

During implementation, if any difficulties arise, civil execution agencies and police at various units and localities shall report them to the Ministry of Justice and the Ministry of Public Security (through the Civil Execution General Department under the Ministry of Justice and the Criminal Enforcement and Judicial Assistance General Department under the Ministry of Public Security) for timely guidance.