Decree No. 03/2026/TT-BTP On the Delegation of Management Authority for Cadres and Staff in the System of Civil Execution under the Ministry of Justice

 

CIRCULAR

ON DELEGATION OF MANAGEMENT AUTHORITY FOR PERSONNEL ORGANIZATION

OF THE SYSTEM OF CIVIL EXECUTION ADMINISTRATION UNDER THE MINISTRY OF JUSTICE

BASED ON THE GOVERNMENT ORGANIZATION LAW OF FEBRUARY 18, 2025;

BASED ON THE PUBLIC SERVANT AND FUNCTIONARY LAW OF JUNE 24, 2025;

BASED ON THE CIVIL EXECUTION LAW OF NOVEMBER 14, 2008, AMENDED AND ENHANCED ON NOVEMBER 25, 2014; JUNE 12, 2018; NOVEMBER 13, 2020; JANUARY 11, 2022; JANUARY 18, 2024; JUNE 29, 2024; NOVEMBER 30, 2024; JUNE 24, 2025 AND JUNE 25, 2025;

BASED ON THE GOVERNMENT REGULATION ON ISSUANCE OF LEGAL DOCUMENTS LAW OF FEBRUARY 19, 2025;

BASED ON DECREE NO. 09/2026/NĐ-CP OF JANUARY 10, 2026 BY THE GOVERNMENT REGULATING THE FUNCTION, MISSION, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF JUSTICE;

BASED ON DECREE NO. 303/2025/NĐ-CP OF NOVEMBER 19, 2025 BY THE GOVERNMENT REGULATING THE FUNCTION, MISSION, POWERS AND ORGANIZATIONAL STRUCTURE OF DEPARTMENTS AND MINISTRIES AT PARITY;

BASED ON DECREE NO. 62/2020/NĐ-CP OF JUNE 1, 2020 BY THE GOVERNMENT REGULATING OCCUPATIONAL POSTS AND FUNCTIONARY COMPLIMENT;

BASED ON DECREE NO. 361/2025/NĐ-CP OF DECEMBER 31, 2025 BY THE GOVERNMENT REGULATING OCCUPATIONAL POSTS;

BASED ON DECREE NO. 170/2025/NĐ-CP OF JUNE 30, 2025 BY THE GOVERNMENT REGULATING RECRUITMENT, USE AND MANAGEMENT OF FUNCTIONARIES;

BASED ON DECREE NO. 171/2025/NĐ-CP OF JUNE 30, 2025 BY THE GOVERNMENT REGULATING TRAINING AND INSTRUCTION OF FUNCTIONARIES;

BASED ON DECREE NO. 172/2025/NĐ-CP OF JUNE 30, 2025 BY THE GOVERNMENT REGULATING DISCIPLINE OF PUBLIC SERVANTS; AMENDED AND ENHANCED ON SEPTEMBER 23, 2025;

BASED ON DECREE NO. 173/2025/NĐ-CP OF JUNE 30, 2025 BY THE GOVERNMENT REGULATING CONTRACTS FOR FUNCTIONARIES TO PERFORM MISSIONS;

IN ACCORDANCE WITH THE RECOMMENDATION OF THE DIRECTOR OF THE CIVIL EXECUTION ADMINISTRATION MANAGEMENT OFFICE;

THE MINISTER OF JUSTICE ISSUES THIS CIRCULAR ON DELEGATION OF MANAGEMENT AUTHORITY FOR PERSONNEL ORGANIZATION OF THE SYSTEM OF CIVIL EXECUTION ADMINISTRATION UNDER THE MINISTRY OF JUSTICE.

CHAPTER I GENERAL PROVISIONS

ARTICLE 1. SCOPE OF APPLICATION

This Circular stipulates the principles, content, and authority of the Director of the Civil Execution Administration Management Office and the Chief of Civil Execution in managing personnel organization within the system of civil execution administration under the Ministry of Justice.

ARTICLE 2. APPLICABLE OBJECTS

1. The Civil Execution Administration Management Office and organizations subordinate to it at the central level (hereinafter referred to as organizations subordinate to the office).

2. Civil execution offices in provinces and cities, and organizations subordinate to them.

3. Functionaries and employees of units specified in paragraphs 1 and 2 of this Article.

ARTICLE 3. PRINCIPLES OF DELEGATION

1. Ensuring compliance with the provisions of the Constitution, Party regulations, national laws on personnel work, and the principles and provisions for delegation under the Government Organization Law of 2025.

2. Strictly implementing the principle of democratic centralism, collective decision-making, and fully leveraging the responsibilities of the Director of the Civil Execution Administration Management Office and the Chief of Civil Execution in provinces and cities in personnel work.

3. Delegating authority to manage personnel organization appropriately based on the management capacity of the Civil Execution Administration Management Office and civil execution offices in provinces and cities; ensuring enhanced efficiency in managing personnel organization and operations of the Civil Execution Administration Management Office and civil execution offices in provinces and cities; maintaining unity, continuity in guiding and managing the system of civil execution administration under the Ministry of Justice.

4. Delegating authority to manage personnel organization alongside exercising control over power, enhancing the responsibilities of the Director of the Civil Execution Administration Management Office and the Chief of Civil Execution in provinces and cities; aligning with the nature, scale, volume of work, and professional requirements of each level within the system of civil execution administration under the Ministry of Justice.

5. Clearly defining the responsibilities and authority of agencies, units, and individuals in managing personnel organization within the system of civil execution administration under the Ministry of Justice; strengthening oversight by higher authorities over the responsibilities of the Director of the Civil Execution Administration Management Office and the Chief of Civil Execution in provinces and cities in managing personnel organization within the system of civil execution administration under the Ministry of Justice.

6. The Civil Execution Administration Management Office and civil execution offices in provinces and cities proactively implementing tasks delegated according to the provisions of the Party, national laws, and regulations of the Ministry on personnel work; bearing legal responsibility, the Party Committee's Standing Board, and the leadership of the Ministry of Justice for the implementation and execution of delegated tasks.

Chapter II AUTHORITY TO ALLOCATE STAFFING QUOTAS, APPOINT CIVIL SERVANTS, AND ENTER INTO LABOR CONTRACTS

Article 4. Authority to Allocate Staffing Quotas for Civil Servants

1. The Director of the Department of Execution of Civil Judgments shall decide on the allocation of staffing quotas for civil servants for each organization under the Department and provincial execution offices within the total staffing quota allocated by the Minister annually, ensuring compliance with legal criteria for establishing subordinate organizations.

2. The Head of the Provincial Execution Office shall decide on the allocation of staffing quotas for civil servants for each organization under the provincial execution office within the total staffing quota allocated to the provincial execution office by the Director of the Department of Execution of Civil Judgments annually, ensuring compliance with legal criteria for establishing subordinate organizations.

Article 5. Authority to Appoint Civil Servants, Receive Civil Servants, and Transfer Civil Servants

1. The Director of the Department of Execution of Civil Judgments shall decide on:

a) Recruitment of civil servants and their appointment to positions equivalent to or below the level of Senior Specialist at provincial execution offices and organizations under the Department.

b) Reception of civil servants into positions equivalent to or above the level of Inspector, but excluding those at the Intermediate Level and Basic Level, from outside the system of the Department of Justice to work in provincial execution offices, except where they are civil servants from units within the Ministry of Justice.

c) Reception of civil servants into positions equivalent to or below the level of Senior Specialist from outside the system of the Department of Execution of Civil Judgments to work in organizations under the Department, except where they are civil servants from units within the Ministry of Justice.

d) Providing comments on the reception of civil servants into positions equivalent to or below the level of Senior Specialist from outside the system of the Department of Execution of Civil Judgments to work in provincial execution offices, excluding those at the Basic Level and Inspector levels.

2. Based on the opinion of the Department of Execution of Civil Judgments, the Head of the Provincial Execution Office shall decide on the reception of civil servants into positions equivalent to or below the level of Senior Specialist (excluding the Basic Level and Inspector) from outside the system of the Department of Justice to work in provincial execution offices, except where they are civil servants from units within the Ministry of Justice.

Article 6. Authority to Enter Into Labor Contracts with Employees

1. The Director of the Department of Execution of Civil Judgments shall decide on:

a) Entering into labor contracts for civil servants performing duties as specified in paragraphs 1 and 3 of Article 4 of Decree No. 173/2025/NĐ-CP; deciding on the principle of entering into labor contracts for civil servants performing duties as specified in paragraph 2 of Article 4 of Decree No. 173/2025/NĐ-CP for employees at organizations under the Department.

b) Approving the principle of entering into labor contracts for civil servants performing duties as specified in Article 4 of Decree No. 173/2025/NĐ-CP for employees at provincial execution offices.

2. Based on the approval already given by the Director of the Department of Execution of Civil Judgments, the Head of the Provincial Execution Office shall decide on entering into labor contracts for civil servants performing duties as specified in Article 4 of Decree No. 173/2025/NĐ-CP for employees at provincial execution offices.

Chapter III AUTHORITY FOR MANAGEMENT AND USE OF FUNCTIONAL POSITIONS

Article 7. Authority for Planning Leadership and Management Positions

1. The Director of the Execution Administration Management Department approves the planning of leadership positions such as Deputy Head and equivalents within the Execution Administration Management Department, Deputy Heads of Execution Administration in provinces and cities (excluding Deputy Heads of Execution Administration in Hanoi City and Ho Chi Minh City).

2. The Director of the Execution Administration in provinces and cities approves the planning of leadership positions such as Leaders of Departments and equivalents within their respective provincial or municipal execution administrations.

Article 8. Authority for Appointment, Reappointment, Delegation, Extension of Term of Office, Resignation, Suspension, Removal from Office, Transfer

1. The Director of the Execution Administration Management Department decides:

a) Appointment, reappointment, delegation, extension of term of office, resignation, suspension, removal from office, transfer for Deputy Heads and equivalents within the Execution Administration Management Department, Deputy Heads of Execution Administration in provinces and cities (excluding Deputy Heads of Execution Administration in Hanoi City and Ho Chi Minh City).

b) Transfer between organizations under the department, between provincial or municipal execution administrations, and between organizations under the department and provincial or municipal execution administrations.

2. The Director of the Execution Administration in provinces and cities decides:

a) Appointment, reappointment, delegation, extension of term of office, resignation, suspension, removal from office, transfer for Leaders of Departments and equivalents within their respective provincial or municipal execution administrations.

b) Transfer between staff members without leadership positions within the organizations under the provincial or municipal execution administration.

Article 9. Authority for Appointment of Chief Accountant

The Director of the Execution Administration Management Department decides on the appointment and reappointment of chief accountants in provincial or municipal execution administrations.

Article 10. Authority to Change Job Position

1. Changing job position with a higher rank than the current rank based on professional and technical qualifications

a) The Director of the Execution Administration Management Department decides to establish an Evaluation Committee to assess whether leaders and civil servants in provincial or municipal execution administrations and organizations under the department meet the standards and conditions for such changes, including appointments to Principal Specialist and equivalent positions.

b) Based on the evaluation by the committee, the Director of the Execution Administration Management Department decides on job position changes and rank assignments to Principal Specialist and equivalent positions for leaders and civil servants in organizations under the department; and changes in job positions and rank assignments to Inspector, Principal Specialist and equivalent positions (excluding Intermediate Enforcement Officer) for leaders and civil servants in provincial or municipal execution administrations.

c) Based on the evaluation by the committee, the Director of the Execution Administration in provinces and cities decides on job position changes and rank assignments to Specialist and equivalent positions (excluding Junior Enforcement Officer and Inspector) for leaders and civil servants in provincial or municipal execution administrations.

2. Changing job position with a same professional and technical qualification but different current rank

a) The Director of the Execution Administration Management Department decides on job position changes and rank assignments to Principal Specialist and equivalent positions for leaders and civil servants in organizations under the department; and changes in job positions and rank assignments to Inspector, Principal Specialist and equivalent positions (excluding Intermediate Enforcement Officer) for leaders and civil servants in provincial or municipal execution administrations.

b) The Director of the Execution Administration in provinces and cities decides on job position changes and rank assignments to Specialist and equivalent positions (excluding Junior Enforcement Officer and Inspector) for leaders and civil servants in provincial or municipal execution administrations.

3. Changing job position with a lower professional and technical qualification than the current rank

a) The Director of the Execution Administration Management Department decides on job position changes and rank assignments to Principal Specialist and equivalent positions (excluding Intermediate Enforcement Officer) for leaders and civil servants in provincial or municipal execution administrations and organizations under the department after approval from the Minister of Justice; and decisions on job position changes and rank assignments to Specialist and equivalent positions for leaders and civil servants in organizations under the department; and decisions on job position changes and rank assignments to Inspector for leaders and civil servants in provincial or municipal execution administrations.

b) The Director of the Execution Administration in provinces and cities decides on job position changes and rank assignments to Specialist and equivalent positions (excluding Junior Enforcement Officer and Inspector) for leaders and civil servants in provincial or municipal execution administrations.

Article 11. Authority to Dispatch Civil Execution Staff for Training and Refresher Courses

1. Based on the training and refresher course plan, the Director of the Department of Civil Execution decides to dispatch civil execution staff for training and refresher courses both domestically and internationally with respect to leaders and organizations under the Department, leaders of civil execution offices in provinces and cities.

2. Based on the training and refresher course plan, the Director of the Office of Civil Execution in provinces and cities decides to dispatch civil execution staff for domestic training and refresher courses with respect to leaders and organizations under the Office of Civil Execution in provinces and cities.

Article 12. Authority to Discipline Civil Execution Staff

1. The Director of the Department of Civil Execution decides on disciplinary actions against Deputy Directors of Civil Execution Offices in provinces and cities (excluding Deputy Directors of Civil Execution Offices in Hanoi and Ho Chi Minh City), Deputy Heads and equivalents, civil execution staff under the Department, except for cases involving dismissal.

2. The Director of the Office of Civil Execution in provinces and cities decides on disciplinary actions against leaders and organizations under the Office of Civil Execution in provinces and cities, except for cases involving dismissal.

Article 13. Authority to Implement Salary Regulations

a) Regular salary increments, early salary increments, granting, increasing special seniority allowances, granting, increasing professional seniority allowances and other allowances for Directors of Civil Execution Offices in provinces and cities, leaders and organizations under the Department.

a) Regular salary increments, early salary increments, granting, increasing special seniority allowances, granting, increasing professional seniority allowances and other allowances for Deputy Directors of Civil Execution Offices in provinces and cities, leaders and organizations under the Office of Civil Execution in provinces and cities.

Article 14. Authority to Implement Bonus Regulations and Social Insurance

a) Bonus regulations and other social insurance benefits for leaders and staff of the Department of Civil Execution.

2. The Director of the Office of Civil Execution in provinces and cities decides on implementing bonus regulations and other social insurance benefits for leaders and staff of the Office of Civil Execution in provinces and cities.

Article 15. Authority to Implement Annual Leave, Non-Earnings Work Leave

a) Annual leave for Deputy Directors of the Department of Civil Execution, Directors of Civil Execution Offices in provinces and cities, leaders and organizations under the Department.

b) Non-earnings work leave for leaders of civil execution offices in provinces and cities, leaders and organizations under the Department.

a) Annual leave for Deputy Directors of Civil Execution Offices in provinces and cities, leaders and organizations under the Office of Civil Execution in provinces and cities.

b) Non-earnings work leave for leaders and organizations under the Office of Civil Execution in provinces and cities.

Article 16. Authority to Terminate Employment, Retire, or Transfer

a) Retirement for Deputy Heads and equivalents within the Department of Civil Execution, Deputy Directors of Civil Execution Offices in provinces and cities, and civil execution staff under the Department, except where the person retiring is a Deputy Director of Civil Execution Office in Hanoi or Ho Chi Minh City.

b) Termination of employment and transfer for Deputy Heads and equivalents within the Department of Civil Execution, Deputy Directors of Civil Execution Offices in provinces and cities, and civil execution staff under the Department, except where the person requesting termination or transfer is a Deputy Director of Civil Execution Office in Hanoi or Ho Chi Minh City, or a staff member with the rank of professor, associate professor, senior specialist, and equivalents.

a) Retirement for leaders and organizations under the Office of Civil Execution in provinces and cities.

b) Termination of employment and transfer for leaders and organizations under the Office of Civil Execution in provinces and cities, except where the person requesting termination or transfer is a staff member with the rank of professor, associate professor, senior specialist, and equivalents.

b) Dismissal or transfer of employment for Deputy Heads and their equivalents in the Department of Civil Execution Management, Deputy Heads of Civil Execution in provinces and cities, and civil servants of organizations under the Department, except where the civil servant requesting dismissal or transfer is a Deputy Head of Civil Execution in Hanoi City or Ho Chi Minh City, a civil servant with the rank of professor, associate professor, senior specialist, or equivalent.

2. The Director of Civil Execution in provinces and cities shall decide:

a) Retirement for Leaders and civil servants of organizations under the provincial and city Civil Execution.

b) Dismissal or transfer of employment for Leaders and civil servants of organizations under the provincial and city Civil Execution, except where the civil servant requesting dismissal or transfer is a civil servant with the rank of professor, associate professor, senior specialist, or equivalent.

Article 17. Authority to Manage Civil Servant Files

1. The Director of the Execution Management Department has authority to manage civil servant files (including paper and electronic files) of the Deputy Director of the Execution Management Department, leaders and civil servants of organizations under the department, and the Director of the Execution Office in provinces and cities.

2. The Director of the Execution Office in provinces and cities has authority to manage civil servant files (including paper and electronic files) of the Deputy Director of the Execution Office in provinces and cities, leaders and civil servants of organizations under the Execution Office in provinces and cities.

Chapter IV IMPLEMENTATION ORGANIZATION

Article 18. Responsibilities of the Minister

1. Decide on inspections and supervision of the implementation of delegated matters; handle complaints and reports related to cadre personnel work according to authority; revoke or request the revocation of decisions made by the Director of the Execution Management Department and the Director of the Execution Office in provinces and cities regarding civil servant management, if such decisions are not in accordance with legal provisions or exceed their delegated authority.

2. Examine and handle cases where there is a failure to exercise authority correctly or violations of regulations on cadre personnel work by the Party, State, Ministry, and this Circular.

Article 19. Responsibilities of the Director of the Execution Management Department

1. Decide on delegated matters concerning cadre personnel work as specified in this Circular; bear responsibility before the Minister of Justice for cadre personnel work delegated to this department under this Circular.

2. Take the lead in advising and assisting the Minister of Justice in managing cadre personnel work uniformly across the execution system under the Ministry of Justice, bearing responsibility before the Minister of Justice for the results of implementation.

3. Take the lead in coordinating with the Cadre Personnel Department to advise and present decisions on cadre personnel matters within the authority of the Minister, excluding the position of Director of the Execution Management Department.

4. Guide, monitor, urge, coordinate, and participate in implementing procedures, inspections, and handling complaints related to cadre personnel work by execution offices in provinces and cities according to delegated authority and legal provisions; handle complaints and reports concerning cadre personnel work within the Ministry's execution system according to authority.

5. Send copies of decisions on organizational and personnel matters made under delegated authority to the responsible officials at the Ministry of Justice and the Cadre Personnel Department for monitoring and management in accordance with regulations.

6. Summarize and report to the leadership of the Ministry of Justice on the implementation status and results of cadre and personnel work in semi-annual and annual reports; compile statistics on civil servants and employees within the execution system under the Ministry of Justice as required by competent authorities.

Article 20. Responsibilities of the Director of the Cadre Personnel Department

1. Assist the Minister in inspecting the Execution Management Department and execution offices in provinces and cities regarding the implementation of delegated tasks and compliance with legal provisions on cadre personnel work, providing guidance and training on cadre personnel work to the Execution Management Department and execution offices in provinces and cities.

2. Take the lead in coordinating with the Execution Management Department to advise and present decisions concerning the position of Director of the Execution Management Department to the Party Committee and leadership of the Ministry of Justice.

3. Coordinate with the Execution Management Department to advise on implementing cadre personnel matters within the authority of the Party Committee and leadership of the Ministry of Justice.

Article 21. Responsibilities of the Head of Civil Execution Office in Province or City

1. Decide on matters concerning personnel management delegated under this Circular; bear responsibility before the Minister of Justice, Director of the Department of Civil Execution Management, and before the law for personnel management matters delegated under this Circular.

2. Submit to the Deputy Minister of Justice in charge, the Department of Personnel, and the Department of Civil Execution Management decisions on organizational and personnel matters within their delegated authority for monitoring and management according to regulations.

3. Report to the Department of Civil Execution Management on the situation and results of implementing personnel management work in the semi-annual and annual reports of the unit for compilation into a report for the Party Committee and the leadership of the Ministry; submit reports and statistics on the civil servant and labor force of the unit according to regulations and requirements of the competent authority.

4. Resolve complaints and accusations related to personnel management within their delegated authority.

Article 22. Transitional Provisions

1. Matters concerning personnel management that have undergone the approval process before the effective date of this Circular but have not yet issued a decision shall continue to follow the procedures and be submitted to the competent authority for issuance of decisions under this Circular.

2. In cases where relevant legal provisions on organizational and personnel matters are amended or replaced without specific provisions regarding the delegation of decision-making powers, the Minister of Justice, Director of the Department of Civil Execution Management, and Heads of Civil Execution Offices in provinces or cities shall continue to exercise their delegated authority under this Circular until new regulations are issued.

3. In cases where a competent authority issues a document with different provisions on personnel management compared to those specified in this Circular, the new provisions of the competent authority shall be followed.

Article 23. Effective Date

1. This Circular takes effect from the date of issuance and promulgation.
Repeals Circular No. 09/2015/TT-BTP dated June 26, 2015, by the Minister of Justice on delegating management authority for civil servants, staff members, and laborers under the General Department of Civil Execution and various civil execution agencies.

2. The leadership of the Ministry, heads of units under the Ministry, and relevant organizations and individuals are responsible for implementing this Circular.