Circular No. 05/2002/TT-BTP guiding the transfer of certain cases in enforcement proceedings to the People's Committee of communes, wards, and towns for direct urging of enforcement.

CIRCULAR

OF THE MINISTRY OF JUSTICE NO. 05/2002/TT-BTP ON FEBRUARY 27, 2002
REGARDING GUIDELINES FOR TRANSFERRING CERTAIN CASES IN ENFORCEMENT OF JUDGMENTS TO THE PEOPLE'S COMMITTEES AT THE COMMUNE, WARD, AND TOWN LEVELS FOR DIRECT URGENCY OF ENFORCEMENT
ENFORCEMENT OF JUDGMENTS TO THE PEOPLE'S COMMITTEE OF XA WARD, TOWN,
DIRECTLY SUPERVISE THE ENFORCEMENT

To implement Directive No. 20/2001/CT-TTg dated September 11, 2001 of the Prime Minister on strengthening and enhancing the effectiveness of civil enforcement work; after reaching consensus with the Supreme People's Procuracy, the Government Organization and Cadre Board, the Ministry of Justice guides the implementation of the transfer by enforcement agencies to the People's Committees at the commune, ward, and town levels (collectively referred to as the People's Committee at the commune level) for direct urgency of enforcement as follows: The Government and the Ministry of Justice guide the implementation of the enforcement agency transferring cases to the People's Committee of commune, ward, town (referred to collectively as the People's Committee at the commune level) to directly supervise enforcement as follows:

I. Cases transferred by enforcement agencies to the People's Committee at the commune level for direct urgency of enforcement

1. The enforcement agency issues a decision to transfer to the People's Committee at the commune level for direct urgency of enforcement in the following cases: directly supervise enforcement for the following cases:

a. Cases where the amount of money or value of property that the parties must enforce does not exceed 500,000 dong or exceeds 500,000 dong but before that, the enforcement agency has already enforced and the remaining amount of money or value of property still to be enforced does not exceed 500,000 dong. enforcement and the amount of money, value of remaining assets to be enforced not exceeding 500,000 dong.

b. Cases of periodic enforcement where the amount of money, value of assets to be enforced in each period does not exceed 500,000 dong. c. Enforcement of fines imposed by enforcement officers, heads of enforcement agencies.

change or supplement the content

c. Enforcement of fines imposed by enforcement officers or heads of enforcement agencies.

d. Fees for compulsory enforcement not exceeding 500,000 dong in cases where the enforcement agency has not collected or does not have conditions to deduct from the proceeds of sale of assets for enforcement.

After issuing the enforcement decision (including cases where the enforcement agency has issued an enforcement decision before this Circular takes effect but has not yet enforced or has only partially enforced), the Head of the Enforcement Team shall issue a decision to transfer to the People's Committee at the commune level for direct urgency of enforcement. If these types of cases fall within the jurisdiction of the Enforcement Department, then the Head of the Enforcement Department shall delegate the Enforcement Team to transfer them to the People's Committee at the commune level for direct urgency of enforcement.

II. Procedures for issuing decisions, establishing, and transferring files for transfer to the People's Committee at the commune level

1. Issuing transfer decisions

a. The Head of the Enforcement Team shall issue a decision to transfer to the People's Committee at the commune level where the party resides or where the property is located for urgency of enforcement. The transfer decision must clearly state the contents of the urgency of enforcement.

b. In necessary cases, the Head of the Enforcement Team who has issued the transfer decision may change or supplement the contents of the transfer decision. of the transfer decision transferred file

The transfer decision must be sent to the person subject to enforcement, the person responsible for enforcement, persons with rights or interests related to the case, and the People's Procuracy at the same level.

2. Establishing transfer files Ledger for handover and tracking of enforcement outcomes for cases transferred to the People's Committee

1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows: Along with opening books according to Circular No. 67/TT-THA dated July 5, 1996 of the Ministry of Justice, the Enforcement Team must also open a "Book of Transfer and Receipt of Files and Monitoring Results of Enforcement Cases Transferred to Commune People's Committees."commune, ward" b. File.

b. The People's Committee at the commune level must open a "Book of Urgency of Enforcement Monitoring." b. The transfer file includes:

fully transfer all files, provide receipts for collection and payment of enforcement funds to the People's Committee at the commune level. The handover of files shall be conducted directly or through postal services, but must be signed for and the time noted in the " - Transfer decision;

- Copy of the judgment or decision of the Court (photocopy, certified by the enforcement agency);

- Copy of the enforcement decision;

- Depending on specific circumstances, the transfer file may need to include:

Decision on fines, decision on collection of compulsory enforcement fees, and relevant documents (if any). 3. Transfer procedures:

a. After issuing the transfer decision, the enforcement officer assigned to organize the enforcement of the case must prepare and transfer all files, provide receipts for payment and disbursement of enforcement funds to the People's Committee at the commune level. The transfer of files can be done directly or through postal services, but must be signed for and the time noted in the "Book of Transfer and Receipt of Files and Monitoring Results of Enforcement Cases Transferred to Commune People's Committees" (if transferred directly) or there must be a delivery receipt (if transferred via postal service) but it must be kept with confirmation from the People's Committee at the commune level that they have received the files.

b. The staff member of the People's Committee at the commune level assigned to receive the files must sign for the "Book of Transfer and Receipt of Files" (if received directly) or sign for the delivery receipt and return it to the Enforcement Team. Ledger for handover and tracking of enforcement outcomes for cases transferred to the People's Committee of commune, ward" (if handed over directly) or havedelivery receipt (if transferred via postal service) but must retain with confirmation from the People's Committee at the commune level that they have received the file. (if transferred via postal service) but must retain b. Staff members of the People's Committee at the commune level assigned to receive files must sign for in the

Ledger for handover of files (if received directly) or sign and return to the Enforcement Team. and return to the Enforcement Team. (if transferred via postal service) but must retain d. Collect money and assets subject to enforcement according to the guidance of the Enforcement Team. When discovering that the person subject to enforcement has assets or income, require the party to submit money or assets for enforcement; if the party does not voluntarily comply with the enforcement, propose the enforcement agency to issue a decision to apply coercive measures for enforcement.

III. RESPONSIBILITIES OF THE PEOPLE'S COMMITTEE AT THE COMMUNE LEVEL

1. The Chairman of the People's Committee at the commune level is responsible to the Enforcement Team and the higher-level People's Committee for urging enforcement in their locality; assigns staff from the Legal Office to directly urge enforcement and informs the Enforcement Team; ensures that urging enforcement complies with the law; organizes summaries and implements reporting systems on enforcement.

During the implementation process, if there are difficulties, the Chairman of the People's Committee at the commune level must promptly report to the Enforcement Team for guidance and specific instructions.

2. The Legal Office assists the Chairman of the People's Committee at the commune level in urging enforcement and is responsible for:

a- Opening books, registering, keeping, and returning files as prescribed;

b- Implementing the contents of urging enforcement as guided by the Enforcement Team and directed by the Chairman of the People's Committee at the commune level;

c-Assisting the Chairman of the People's Committee in administrative and financial work in urging enforcement.

3. For types of enforcement cases transferred, depending on specific circumstances, the staff member of the People's Committee at the commune level assigned to the task must perform the following tasks: a. Serving enforcement decisions and notifications;

b- Notifying parties to come to the People's Committee at the commune level to resolve enforcement matters;

c-Educating, persuading, organizing mediation, and agreement to enable the parties to voluntarily comply with enforcement;

d- Verifying the enforcement status of the parties;

e- Collecting money and property for enforcement according to the guidance of the Enforcement Team. When discovering that the person responsible for enforcement has assets or income, they should request the party to submit money or property for enforcement; if the party does not voluntarily comply with enforcement, they should propose the enforcement agency to issue a decision to apply coercive measures for enforcement. conditions The Chairman of the People's Committee at the commune level is responsible for mobilizing police forces, self-defense forces, and coordinating with local organizations and associations to protect and support enforcement actions.

The Chairman of the People's Committee at the commune level is responsible for mobilizing police forces, self-defense militia, coordinating with local organizations and associations to protect and support

the enforcement of coercive measures. dated February 8, 2002 by the Ministry of Finance and the Ministry of Justice.

If the parties obstruct or oppose the enforcement of the judgment, it is recommended that the enforcement officer or the head of the enforcement agency issue a decision to impose a fine in accordance with the provisions of the law;

e. Cooperate with the enforcement agency in organizing the auction sale of assets for enforcement. In cases where the assets obtained are perishable (such as vegetables, fresh food, etc.), to avoid losses, a record shall be made detailing the condition of the assets and organize the sale, while informing the enforcement agency;

g. Prepare records regarding direct enforcement between the parties concerning amounts of money and assets according to the guidance of the Enforcement Team; disburse enforcement funds to the parties when authorized by the enforcement agency;

The financial management of enforcement matters transferred to the People's Committee of the commune shall be carried out in accordance with the guidelines set forth in Circular No. 15/2002/TTLT-BTC-BTP dated February 8, 2002, issued by the Ministry of Finance and the Ministry of Justice; dated February 8, 2002 of the Ministry of Finance, the Ministry of Justice.

IV. RESPONSIBILITIES OF THE ENFORCEMENT AGENCY

1. The Enforcement Team is responsible for guiding, supervising, and inspecting the People's Committee of the commune in maintaining accounting books, preparing enforcement case files, and implementing enforcement urging procedures; promptly addressing requests from the People's Committee of the commune to resolve difficulties and obstacles during the enforcement process;

2. The Enforcement Team is responsible for preparing and transferring complete case files, providing receipts for collection and payment of enforcement funds to the People's Committee of the commune;

3. Resolving complaints related to the urging of enforcement by the People's Committee of the commune in accordance with the provisions of the Civil Enforcement Ordinance;

V. Implementation

1. The Civil Enforcement Management Department assists the Minister of Justice in guiding, training, monitoring, and inspecting the implementation of this Circular;

2. The Director of the Department of Justice is responsible for reporting to the Chairman of the People's Committee of the province or centrally-administered city to organize the dissemination and implementation of this Circular for enforcement officers and enforcement officials of the Enforcement Office and the Enforcement Team within their jurisdiction; directing the Justice Office and the Enforcement Team to organize training for officials of the People's Committee of the commune assigned the task of urging enforcement;

3. The Head of the Enforcement Office, the Team Leader of the Enforcement Team organizes reviews, categorization, and planning for the transfer of cases to the People's Committee of the commune for urging enforcement; inspecting and urging the implementation of such plans;

4. During the implementation process, if there are any difficulties, localities need to report to the Ministry of Justice for timely guidance.

VI. EFFECTIVE DATE OF IMPLEMENTATION

This Circular shall take effect fifteen days from the date of signature.