Circular No. 06/2008/TT-BTP guiding certain contents regarding the organization and staff of local civil enforcement agencies

CIRCULAR

Guidelines on certain aspects of organizational and cadre management in local civil enforcement agencies

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Pursuant to the Civil Enforcement Law dated January 14, 2004;

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on the management agency for civil enforcement, civil enforcement agencies, and cadres and civil servants working in civil enforcement;

Pursuant to Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants;

Pursuant to Decree No. 09/2007/NĐ-CP dated January 15, 2007 of the Government amending and supplementing certain articles of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state agencies;

To unify the application of regulations on organizational and cadre management in local civil enforcement agencies, the Ministry of Justice provides guidance on the following points:

Part One

RECRUITMENT AND ADMISSION OF CIVIL SERVANTS

I. PRINCIPLES, REQUIREMENTS, AND APPLICATIONS FOR RECRUITMENT AND ADMISSION OF CIVIL SERVANTS

Recruitment and admission of civil servants in civil enforcement agencies shall be carried out in accordance with laws on cadres and civil servants and the following provisions:

1. Principles of recruitment and admission of civil servants:

1.1. Recruitment and admission of civil servants shall only be conducted for vacant positions and shall not use the quota of one position to recruit or admit another position. Combining recruitment and admission to increase salary grade, rank, or transfer rank or type for civil servants not in compliance with the law is prohibited;

1.2. Individuals currently under disciplinary action from other agencies and sectors shall not be admitted to civil enforcement agencies;

1.3. Individuals recruited or admitted to civil enforcement agencies must be in good health and free from physical disabilities that affect their ability to perform assigned tasks;

1.4. Ensuring that civil enforcement agencies effectively implement the self-management and self-responsibility system regarding staffing and administrative management expenses as stipulated in Decree No. 130/2005/NĐ-CP dated October 17, 2005 of the Government on the self-management and self-responsibility system regarding staffing and administrative management expenses for state agencies and Circular No. 03/2006/TTLT-BTC-BNV dated January 17, 2006 of the Ministry of Finance and the Ministry of Home Affairs guiding the implementation of Decree No. 130/2005/NĐ-CP.

2. Requirements for recruitment and admission of civil servants:

2.1. Conditions for participating in examinations or admission as civil servants:

Recruitment and admission of civil servants in civil enforcement agencies must meet general requirements prescribed by law and the following conditions:

2.1.1. For the Legal Officer rank:

Must hold a bachelor's degree in law or higher from domestic universities or have graduated from a foreign university majoring in law recognized in Vietnam;

2.1.2. For Accounting ranks:

a) For the Provincial Civil Enforcement Accounting Officer rank, must hold a bachelor's degree in accounting or higher;

b) For the Intermediate-level Civil Enforcement Accounting Officer rank at district level, must hold a vocational high school diploma in accounting or higher;

2.1.3. For other ranks such as clerical, archival, typing, must hold relevant academic certificates or qualifications. Specifically, and qualification standards for ranks of specialized civil servants in civil enforcement for clerical and archival positions at provincial civil enforcement agencies and those in districts or towns within provinces, must hold a vocational high school diploma in clerical or archival work or higher; and qualification standards for ranks of specialized civil servants in civil enforcement 2.1.4. In cases where there are no individuals meeting the criteria specified in sub-items 2.1.1, 2.1.2, and 2.1.3 of point 2.1 clause 2 section 2 of this part and other special cases, the Director of the Department of Justice shall report to the Minister of Justice for consideration and decision.

2.2. Conditions for examination-based recruitment of civil servants:

Individuals who voluntarily work in mountainous, remote, border, and island areas or to meet the needs of building a cadre workforce in ethnic minority regions may be considered for recruitment. Those recruited must commit to working in the recruitment location for at least five years, except in cases due to job transfer or rotation.

3. Application for recruitment and admission of civil servants:

3.1. The application for examination and recruitment includes:

3.1.1. An application form for examination (for candidates taking the exam) or an application form for recruitment (for candidates being considered for recruitment);

3.1.2. Personal history with photograph, confirmed and stamped by the competent authority (according to the model of the Ministry of Home Affairs);

3.1.3. Copy of birth certificate;

3.1.4. Health certificate issued by a medical facility at the district level or higher;

3.1.5. Copies of relevant academic certificates and qualifications corresponding to the required rank;

3.1.6. Two photographs of the candidate (size 4x6).

Personal history and health certificate are valid for six months from the date of confirmation by the competent authority.

3.2. In cases of admission from other agencies, in addition to the contents mentioned in sub-item 3.1.2, 3.1.3, 3.1.4, and 3.1.5 of point 3.1 clause 3 of this part, the application must include the following additional documents:

3.2.1. Personal evaluation report;

3.2.2. Personal history detailing work experience and reasons for job transfer, confirmed by the unit;

3.2.3. Copy of social insurance book;

3.2.4. Decision on recruitment from the previous agency;

3.2.5. Current salary decision.

II. CONTENT OF CIVIL SERVANT EXAMINATION

The content of the civil servant examination shall be carried out in accordance with the law and the following provisions:

1. For the Legal Officer rank: The content of the State Administration subject focuses on the following main issues:

1.1. The organizational structure of the Socialist Republic of Vietnam's state apparatus; the organizational structure of judicial agencies;

1.2. Functions, tasks, powers, and organization of civil enforcement agencies;

1.3. Legal status of Enforcement Officers, Civil Enforcement Reviewers, and Legal Officers.

2. For Accounting ranks:

2.1. Examination content follows the provisions of sub-items 1.1 and 1.2 of clause 1 section II of this part;

2.2. Legal status of Accountants and Intermediate-level Accountants.

3. For Clerical, Archival, Typing, Storekeeper, and Cashier ranks:

3. For the clerical, archival, typing, warehouse keeper, and cashier positions:

In cases where candidates for civil enforcement agencies have a vocational high school diploma in archiving, typing, and secretarial work, if they apply for Class B civil servant positions, they must participate in a selection examination with content specified in point b, Clause 4, Section I of Circular No. 07/2007/TT-BNV dated July 4, 2007, issued by the Ministry of Home Affairs. For candidates holding certificates in archiving, typing, and secretarial work, if they apply for Class C civil servant positions, the Civil Servant Recruitment Board of the civil enforcement agency shall base its decision to recruit on the qualifications, certificates, health status, and moral character of the candidate (which may include direct skill testing), as provided.

III. ORGANIZATION OF SELECTION EXAMINATIONS AND RECOGNITION OF SELECTION RESULTS FOR CIVIL SERVANTS

1. Planning for Selection Examinations:

Based on the staffing quota allocated and the recruitment needs of local civil enforcement agencies, the Head of Civil Enforcement at the provincial level shall develop a plan for organizing the selection examinations for civil servants, report it to the Director of the Department of Justice for approval. On the basis of the Director's approval, the Head of Civil Enforcement at the provincial level shall publicly announce the plan for organizing the selection examinations at the headquarters of the provincial civil enforcement agency and publish it on one of the local mass media outlets: radio, print, television, so that everyone can be informed and register to participate in the selection process, while also sending a copy to the Civil Enforcement Bureau. The announcement shall include: the standards and conditions for applicants; the number and titles of civil servants to be recruited; application procedures; registration period; examination period; submission location and examination fees.

2. Conducting Selection Examinations: After issuing the announcement as stipulated in Clause 1 of this Section, the Civil Servant Recruitment Board of the civil enforcement agency shall organize the selection examinations for civil servants, announce the examination results, and submit them to the competent authority for recognition according to the provisions of the law and the Ministry of Justice.

3. Retaining Examination Records: The examination records, test papers of candidates participating in the selection examinations for civil servants, and related materials concerning the organization of the examinations must be retained at the provincial civil enforcement agency in accordance with the law.

IV. ORGANIZATION OF SELECTION AND ADMISSION OF CIVIL SERVANTS

1. Selection of Civil Servants: In cases where candidates are subject to selection for civil servants, the Civil Servant Recruitment Board shall convene to assess and select civil servants in accordance with the provisions of the law.

2. Admission of Civil Servants: The admission of civil servants from other agencies to civil enforcement agencies shall be carried out in accordance with the law and the guidelines set forth in this Circular. Based on the need for personnel and upon the proposal of the Head of Civil Enforcement at the provincial level, the Director of the Department of Justice shall send the file of the proposed new employee to the civil enforcement agency to the Civil Enforcement Bureau for review and approval before issuing the Decision on Admission.

V. DECISION ON THE RECRUITMENT OF CIVIL SERVANTS

Based on the results of the selection examinations and the assessment for recruitment of civil servants, the Head of Civil Enforcement at the provincial level shall request the Director of the Department of Justice to issue a decision on the recruitment of civil servants and compile a list of those recruited into the civil enforcement agency, which shall be sent to the Civil Enforcement Bureau (accompanied by the recruitment files, examination results, assessment results, and related documents) within fifteen days from the date of the recruitment decision to implement personnel policies and for monitoring and management. The recruitment files of civil servants from civil enforcement agencies sent to the Civil Enforcement Bureau shall include:

1. A letter from the Director of the Department of Justice reporting the results of the recruitment of civil servants in civil enforcement agencies;

2. Minutes of the meeting of the Civil Servant Recruitment Board;

3. A list showing the results of the selection examinations and the assessment for recruitment of civil servants;

4. One complete set of recruitment and admission files for civil servants as prescribed in point 3, Section I of this Part.

After issuing the decision on the recruitment of civil servants, the Director of the Department of Justice shall issue a decision assigning guidance personnel to newly recruited civil servants in accordance with the law. The Head of Civil Enforcement at the provincial level shall be responsible for issuing and distributing identification cards to newly recruited and admitted civil servants.

Part Two

INCREASING PAY GRADES, TRANSFERRING PAY GRADES, INCREASING RANKS, TRANSFERRING RANKS, AND TRANSFERRING TYPES OF PUBLIC SERVANTS

I. INCREASING PAY GRADES OF PUBLIC SERVANTS

1. Regular Pay Grade Increases

The regular pay grade increases for public servants in local enforcement agencies shall be implemented in accordance with the provisions of the law and the following regulations:

1.1. For public servants in the ranks of Provincial Enforcement Officers, Senior Review Officers, and equivalent positions, when they reach the pay grade increase period and meet the conditions for increasing pay grades as stipulated in Circular No. 03/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of the regular pay grade increase system and early pay grade increase system for civil servants and officials (hereinafter referred to as Circular No. 03/2005/TT-BNV) and Circular No. 83/2005/TT-BNV dated August 10, 2005 guiding amendments and supplements to the pay grade increase system and other salary allowances for cadres, civil servants, and officials (hereinafter referred to as Circular No. 83/2005/TT-BNV), the Director of the Provincial Enforcement Agency shall prepare a list and report it to the Minister of Justice for consideration and decision through the Department of Justice. The application for pay grade increase shall include: Minutes of the meeting on pay grade increase at the workplace where the public servant works, a letter requesting from the Department of Justice Director, and a list of public servants eligible for pay grade increase. In cases where public servants are newly transferred from other agencies to the enforcement agency, a copy of the most recent pay grade increase decision from the previous agency must also be attached;

1.2. For public servants in ranks from County Enforcement Officers, Review Officers, Specialists, and equivalent positions downwards, when they reach the pay grade increase period and meet the conditions for increasing pay grades as stipulated by the law, the heads of enforcement agencies shall organize for public servants under their units to review, assess, and report to the Director of the Provincial Enforcement Agency (in cases where the person eligible for pay grade increase is a public servant of the county enforcement agency) for submission to the Department of Justice Director for consideration and decision within their authority. After deciding on the pay grade increase for public servants in local enforcement agencies, the Director of the Provincial Enforcement Agency shall send a summary list along with the pay grade increase decision of the public servant to the National Enforcement Agency for verification and management.

2. Early Pay Grade Increases:

The procedures and formalities for considering early pay grade increases for public servants in enforcement agencies shall be carried out in accordance with the provisions of Circular No. 03/2005/TT-BNV, Circular No. 83/2005/TT-BNV, and Circular No. 717/BTP-THA dated February 28, 2007 of the Ministry of Justice regarding guidance on early pay grade increases.

The time for considering early pay grade increases of six months, nine months, and twelve months must correspond to the level of achievement attained by the public servant.

II. INCREASING RANKS, TRANSFERRING RANKS, AND TRANSFERRING TYPES OF PUBLIC SERVANTS

1. Increasing ranks, transferring ranks, and transferring types of public servants in local enforcement agencies shall be carried out in accordance with the provisions of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants, Decree No. 09/2007/NĐ-CP dated January 15, 2007 amending and supplementing certain articles of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on recruitment, utilization, and management of cadres and civil servants in state agencies, and related guiding documents.

Public servants recruited into a specific rank shall be assigned to work in that rank and can only be considered for rank promotion, rank transfer, and type transfer when they meet the standards and conditions stipulated by the law and guided by the Ministry of Justice. Based on the needs of local enforcement agencies, the Ministry of Justice will consider and approve rank promotions, rank transfers, and type transfers for public servants in enforcement agencies in accordance with the law.

2. Council for Rank Transfer and Type Transfer of Public Servants:

2.1. The Director of the National Enforcement Agency decides to establish the Council for Type Transfer of Public Servants of local enforcement agencies based on the proposal of the Director of the Provincial Enforcement Agency. The Council for Type Transfer of Public Servants of local enforcement agencies consists of the following five members:

- The Chairman of the Council is the Director of the Provincial Enforcement Agency;

- Members: The Head of the Organization and Administration Department of the Provincial Enforcement Agency (or the Head of the Cadre Management Department for Provincial Enforcement Agencies with a Cadre Management Department); one Director of a County Enforcement Agency; one Provincial Enforcement Officer; and one Specialist responsible for cadre management in the Provincial Enforcement Agency (also serving as Secretary of the Council);

The tasks and powers of the Council for Type Transfer of Public Servants of local enforcement agencies shall be implemented in accordance with the provisions of the law.

2.2. The Director of the National Enforcement Agency decides to establish a Testing Council for cases of transferring ranks from other ranks to the ranks of Review Officer and Senior Review Officer in the National Enforcement Agency; the Director of the Provincial Enforcement Agency decides to establish a Testing Council for cases of transferring ranks from other ranks to the ranks of Review Officer and Senior Review Officer in local enforcement agencies. The composition of the Testing Council, the tasks, and powers of the Testing Council shall be implemented according to Decision No. 1327/QĐ-BTP dated July 18, 2008 of the Minister of Justice.

3. The dispatch of civil servants to take part in rank promotion exams, the establishment of the Exam Council for Rank Promotion, the tasks and powers of the Exam Council for Rank Promotion, and the appointment to a rank of civil servant shall be carried out in accordance with the provisions of the law and the guidance of the Ministry of Justice.

4. Training activities aimed at improving professional qualifications and promoting ranks for public servants must be consistent with the professional duties they are currently undertaking, and public servants should not be dispatched for training in different fields unless they are self-funded.

III. ASSIGNING SALARIES IN CASES OF FIRST APPOINTMENT, NON-REAPPOINTMENT, REMOVAL FROM OFFICE, AND DISMISSAL OF ENFORCEMENT OFFICERS

Civil servants of the civil enforcement agency, upon their first appointment as Enforcement Officers, if not reappointed or relieved of their duties as Enforcement Officers, must be reassigned to appropriate ranks and salary grades. The reassignment of ranks and salary grades for these cases shall be carried out in accordance with the provisions of the law and the following regulations:

1. In cases where Enforcement Officers are appointed for the first time, the reassignment of ranks and salary grades shall be decided by the Minister of Justice. The application for the appointment of an Enforcement Officer submitted to the Ministry of Justice must be accompanied by the most recent decision on salary grade increase issued by the competent authority.

2. In cases where Enforcement Officers have completed their term but are not considered for reappointment, they must be reassigned to appropriate ranks and salary grades that match their new level of expertise, position, and responsibilities. The Director of the Department of Justice decides on the reassignment of ranks and salary grades (for ranks from Specialist and equivalent downwards) or submits to the Minister of Justice for the decision on the reassignment of ranks and salary grades (for ranks from Senior Specialist and equivalent upwards) in accordance with the provisions of the law.

3. For cases involving the removal or dismissal of Enforcement Officers, the Minister of Justice shall consider the reassignment of ranks and salary grades for civil servants in accordance with the provisions of the law. Applications for removal or dismissal of Enforcement Officers must include all relevant documents related to the salary history, the most recent decision on salary grade increase or reassignment of salary grade. In particular, in cases where Enforcement Officers are removed to transfer to another job, the reassignment of ranks and salary grades shall be reviewed and decided by the receiving agency.

Part Three

APPOINTMENT, REAPPOINTMENT, RESIGNATION FROM THE POSITION OF HEAD OF ENFORCEMENT, DEPUTY HEAD OF CIVIL ENFORCEMENT AT PROVINCE AND DISTRICT LEVELS, HEAD AND DEPUTY HEAD OF SPECIALIZED DEPARTMENTS UNDER CIVIL ENFORCEMENT AT PROVINCE LEVEL, TRANSFER OF HEAD OF CIVIL ENFORCEMENT AT PROVINCE AND DISTRICT LEVELS, AND IMPLEMENTATION OF POSITION ALLOWANCES

I. APPOINTMENT OF THE POSITION OF HEAD OF ENFORCEMENT, DEPUTY HEAD OF ENFORCEMENT, TRANSFER OF HEAD OF CIVIL ENFORCEMENT AT PROVINCE AND DISTRICT LEVELS; APPOINTMENT OF HEAD AND DEPUTY HEAD OF SPECIALIZED DEPARTMENTS UNDER CIVIL ENFORCEMENT AT PROVINCE LEVEL

1. PROCEDURE FOR APPOINTING HEAD OF ENFORCEMENT, DEPUTY HEAD OF ENFORCEMENT, TRANSFERRING HEAD OF CIVIL ENFORCEMENT AT PROVINCE AND DISTRICT LEVELS:

The appointment of the positions of Head of Enforcement, Deputy Head of Enforcement, and the transfer of Head of Civil Enforcement at province and district levels shall be carried out according to the procedures and formalities stipulated in Decree No. 50/2005/ND-CP dated April 11, 2005 of the Government on the management agencies of civil enforcement, civil enforcement agencies, and staff engaged in civil enforcement work (hereinafter referred to as Decree No. 50/2005/ND-CP), Decision No. 27/2003/QD-TTg dated February 19, 2003 of the Prime Minister on the issuance of regulations on appointment, reappointment, rotation, resignation, and removal of leading cadres and civil servants (hereinafter referred to as Decision No. 27/2003/QD-TTg), and the following regulations:

1.1. APPOINTMENT OF HEAD OF CIVIL ENFORCEMENT AT PROVINCE LEVEL:

1.1.1. The Director of the Department of Justice shall take the lead and coordinate with the Director of the Civil Enforcement Agency to implement the procedures for appointing the Head of Civil Enforcement at province level. Based on consensus with the Director of the Civil Enforcement Agency regarding the proposed personnel, the Director of the Department of Justice shall coordinate with relevant local authorities to advise the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee, or the Chairman of the Provincial People's Council on the appointment of the Head of Civil Enforcement at province level in writing, which will then be sent to the Civil Enforcement Agency. The Director of the Civil Enforcement Agency shall coordinate with the Director of the Cadre and Civil Servant Organization Department to advise the Party Cadre and Civil Servant Board and the Minister of Justice to consider and decide on the appointment of the Head of Civil Enforcement at province level.

If there is no agreement between the Director of the Civil Enforcement Agency and the Director of the Department of Justice regarding the proposed personnel for the Head of Civil Enforcement at province level, both shall be responsible for coordinating with relevant local authorities to assist the Party Cadre and Civil Servant Board and the Minister of Justice in coordinating with the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee, or the Chairman of the Provincial People's Council to review and agree on the personnel.

1.1.2. The Head of Civil Enforcement at province level shall assist the Director of the Department of Justice and the Director of the Civil Enforcement Agency in coordinating with relevant local authorities to implement the procedures for appointing the Deputy Head of Civil Enforcement at province level. Upon completion of the application and formalities, the Head of Civil Enforcement at province level shall report to the Director of the Department of Justice for consideration and submit to the Minister of Justice for the appointment of the Deputy Head of Civil Enforcement at province level.

1.1.3. In cases where the person proposed for appointment as the Head of Civil Enforcement or Deputy Head of Civil Enforcement at province level is currently working at civil enforcement agencies in the locality, the group eligible to vote includes all civil servants of the Civil Enforcement Agency at province level and the Heads of Civil Enforcement Agencies at district level under its jurisdiction.

1.2. APPOINTMENT OF HEAD OF CIVIL ENFORCEMENT AT DISTRICT LEVEL:

The Head of Civil Enforcement at province level shall assist the Director of the Department of Justice in leading and coordinating with the provincial party committee and the district people's council to implement the procedures for appointing the Head of Civil Enforcement and Deputy Head of Civil Enforcement at district level. Based on the written agreement of the provincial party committee or the Chairman of the District People's Council on the proposed personnel, the Head of Civil Enforcement at province level shall complete the formalities and report to the Director of the Department of Justice for consideration and submission to the Minister of Justice for the appointment of the Head of Civil Enforcement at district level or the decision on the appointment of the Deputy Head of Civil Enforcement at district level.

In cases where there is no agreement between the Head of Civil Enforcement at province level and the provincial party committee or the Chairman of the District People's Council on the proposed personnel for the Head of Civil Enforcement and Deputy Head of Civil Enforcement at district level, the Head of Civil Enforcement at province level shall report to the Director of the Department of Justice for coordination with the provincial party committee or the Chairman of the District People's Council to review and agree on the personnel before submitting to the Minister of Justice for the appointment of the Head of Civil Enforcement at district level or the decision on the appointment of the Deputy Head of Civil Enforcement at district level;

1.3. In case the person proposed for appointment as Director of Enforcement, Deputy Director of Civil Enforcement at provincial or district level does not belong to the staff of the civil enforcement agency, their file must be submitted to the Civil Enforcement Department for examination and approval. The file includes: the proposal document from the Department of Justice's Director, the official resume; certificates and diplomas; comments from the head of the current workplace regarding the person’s work performance; written agreement on the appointment of Director of Enforcement, Deputy Director of Civil Enforcement by the Chairman of the People's Committee at the same level (in the case of proposing the appointment of Director of Enforcement, Deputy Director of Civil Enforcement at provincial level, the Department of Justice's Director must first reach consensus with the Director of the Civil Enforcement Department before submitting to the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee or the Chairman of the Provincial People's Committee for comments on the appointment of these positions); and other relevant contents.

2. The file for appointing the position of Director of Enforcement, Deputy Director of Civil Enforcement at provincial or district level includes:

2.1. Curriculum vitae (model 2a- BNV/2007 according to Decision No. 06/2007/QĐ-BNV dated June 18, 2007 of the Minister of Home Affairs);

- Self-assessment report (according to the model attached to Circular No. 06/2005/TT-BTP dated June 24, 2005 of the Ministry of Justice guiding the selection, appointment, removal, and dismissal of Enforcement Officers);

- Declaration of assets and income (according to form number 01 issued together with Decree No. 37/2007/NĐ-CP dated March 9, 2007 of the Government on asset and income transparency);

2.2. Copies of certificates and diplomas;

2.3. Minutes and results of trust votes for officials;

2.4. Written opinions of the Party committee or the Chairman of the People's Committee at the same level;

2.5. Health certificate issued by a general hospital at district, urban district, town, or city level (valid within six months);

2.6. Evaluation and assessment of professional competence, political quality, and lifestyle by the head of the unit for the proposed appointee (for the provincial Director of Civil Enforcement, evaluated and assessed by the Department of Justice's Director; for the provincial Deputy Director of Civil Enforcement, evaluated and assessed by the provincial Director of Civil Enforcement);

2.7. Appointment proposal document from the provincial Director of Civil Enforcement for the case of proposing the appointment of Deputy Director of Civil Enforcement at provincial level, Director of Civil Enforcement at district level; proposal document from the provincial Director of Civil Enforcement and proposal document from the district Director of Civil Enforcement for the case of proposing the appointment of Deputy Director of Civil Enforcement at district level;

2.8. Proposal document from the Department of Justice's Director requesting the Minister of Justice to appoint for the case of proposing the appointment of Director of Enforcement, Deputy Director of Civil Enforcement at provincial level, Director of Civil Enforcement at district level;

2.9. Other related documents (if any).

For cases where newly appointed or reappointed Enforcement Officers within a period not exceeding six months are now proposed for the position of Director of Enforcement, Deputy Director of Civil Enforcement at provincial or district level, the file submitted to the Ministry of Justice must include the documents mentioned in points 2.3, 2.4, 2.5, 2.6, 2.7, 2.8 of this clause, while the contents specified in points 2.1, 2.2 only need to be supplemented when there are new changes.

3. Transfer of Acting Director of Civil Enforcement at provincial or district level:

3.1. In cases where there is no person meeting the conditions for appointment as Director of Civil Enforcement or requires a probationary period before officially appointing the Director of Civil Enforcement or for other valid reasons (such as attending concentrated training or being seriously ill...) that prevent management and operation of the agency for three months or more, the Department of Justice's Director shall examine and select a person to propose to the Minister of Justice for temporary transfer of Acting Director of Civil Enforcement. The person assigned as Acting Director of Civil Enforcement must be the Deputy Director of Civil Enforcement at the same level.

The file for transferring Acting Director of Civil Enforcement at provincial or district level to the Minister of Justice shall be implemented according to the provisions of Clause 2 Section I Part of this document and does not require written opinion of the Chairman of the People's Committee at the same level.

3.2. In cases where the civil enforcement agency at provincial or district level has no Director of Civil Enforcement but has a Deputy Director of Civil Enforcement, the Deputy Director of Civil Enforcement temporarily assumes responsibility for the agency and receives the position allowance of Director of Civil Enforcement until a Director of Civil Enforcement is appointed or someone is assigned as Acting Director of Civil Enforcement.

3.3. In cases where the civil enforcement agency at district level has neither a Director nor a Deputy Director of Civil Enforcement, the provincial Director of Civil Enforcement temporarily performs the duties of Director of Civil Enforcement at district level until a Director or Deputy Director of Civil Enforcement is appointed or someone is assigned as Acting Director of Civil Enforcement.

3.4. The procedure for appointing Deputy Director of Civil Enforcement at district level is carried out according to the provisions of Clause 1 and Clause 2 Section I Part of this document. Based on the proposal file for appointing Deputy Director of Civil Enforcement at district level, the Department of Justice's Director issues the appointment decision within their authority. The appointment decision for Deputy Director of Civil Enforcement at district level must clearly state the term of office as five years and the corresponding position coefficient.

The appointment decision for the position of Deputy Director of Civil Enforcement at district level must be sent to the Civil Enforcement Department for monitoring and management.

4. Appointment of Head of Department, Deputy Head of Department under Civil Enforcement at provincial level:

4.1. The procedures and formalities for proposing the appointment of Head of Department, Deputy Head of Department under Civil Enforcement at provincial level are implemented according to Decision No. 27/2003/QĐ-TTg; Joint Circular No. 01/2007/TTLT-BTP-BNV dated March 29, 2007 of the Ministry of Justice and the Ministry of Home Affairs guiding the organization of Civil Enforcement at provincial level, centrally-administered cities.

4.2. For cases of appointing Head of Department, Deputy Head of Department under Civil Enforcement at provincial level, the file submitted to the Civil Enforcement Department includes:

4.2.1. Curriculum vitae (model number 02a - BNV/2007 according to Decision No. 06/2007/QĐ- BNV dated June 18, 2007 of the Minister of Home Affairs);

- Self-assessment report;

- Declaration of assets and income (according to form number 01 issued together with Decree No. 37/2007/NĐ-CP dated March 9, 2007 of the Government on asset and income transparency);

4.2.2. Copies of certificates and diplomas;

4.2.3. Minutes and results of trust votes for civil servants;

4.2.4. A health examination certificate issued by a general hospital at the district, city district, provincial city level or higher (valid within six months);

4.2.5. An assessment of professional competence, political quality, and lifestyle provided by the Director of the Civil Enforcement Agency at the provincial level regarding the person proposed for appointment to the position of Head of Department or Deputy Head of Department under the Civil Enforcement Agency at the provincial level;

4.2.6. A proposal from the Director of the Civil Enforcement Agency at the provincial level requesting the Director of the Civil Enforcement Agency Bureau to consider and decide on the appointment of the Head of Department or Deputy Head of Department under the Civil Enforcement Agency at the provincial level;

4.2.7. Other related documents (if any).

II. REAPPOINTMENT TO THE POSITIONS OF HEAD AND DEPUTY HEAD OF CIVIL ENFORCEMENT AGENCIES AT THE PROVINCIAL AND DISTRICT LEVELS; HEAD AND DEPUTY HEAD OF SPECIALIZED DEPARTMENTS UNDER CIVIL ENFORCEMENT AGENCIES AT THE PROVINCIAL LEVEL

1. Reappointment procedures:

The reappointment of the Head and Deputy Head of Civil Enforcement Agencies at the provincial and district levels, and the Head and Deputy Head of specialized departments under Civil Enforcement Agencies at the provincial level shall be carried out in accordance with the provisions of Decree No. 50/2005/NĐ-CP, Decision No. 27/2003/QĐ-TTg, and related guiding documents. In addition, the following provisions must also be implemented:

1.1. For the case of reappointing the Head of the Civil Enforcement Agency at the provincial level: Six months before the end of the term, the Director of the Department of Justice shall proactively implement the reappointment procedures according to the prescribed process, while chairing a meeting to collect comments on the performance during the term of the Head of the Civil Enforcement Agency at the provincial level, and completing the dossier to submit to the Minister of Justice for consideration and decision on reappointment within 20 days prior to the end of the term.

For cases where the Deputy Head of the Civil Enforcement Agency at the provincial level, the Head and Deputy Head of Civil Enforcement Agencies at the district level, and the Head and Deputy Head of specialized departments under the Civil Enforcement Agency at the provincial level are nearing the end of their terms (six months before the end), the Head of the Civil Enforcement Agency at the provincial level shall proactively implement the reappointment procedures according to the prescribed process, while chairing a meeting to collect comments on the performance during the term of the person being considered for reappointment, and completing the dossier to submit to the competent authority for reappointment. The Director of the Department of Justice and the Head of the Civil Enforcement Agency at the provincial level, based on the tasks and authorities assigned, shall examine and issue a document proposing reappointment to the competent authority within 20 days before the end of the term.

In cases where due to objective reasons, the competent agencies have not been able to consider and complete the reappointment procedures but still meet the conditions for the Head and Deputy Head of Civil Enforcement Agencies, and the Head and Deputy Head of specialized departments under the Civil Enforcement Agency at the provincial level, such persons may continue to perform their duties as the Head and Deputy Head of Civil Enforcement Agencies, and the Head and Deputy Head of specialized departments under the Civil Enforcement Agency at the provincial level for a maximum period of three months from the date of the end of the term, subject to the approval of the competent authority for reappointment. After the three-month period, if the procedures for reappointment have not been completed and the competent authority has not decided to grant the power (in the case where the person proposed for reappointment is the Head of the Civil Enforcement Agency or the Head of a specialized department under the Civil Enforcement Agency at the provincial level), they will temporarily not be allowed to perform their previous duties until a new decision is made by the competent authority for reappointment.

1.2. For cases where the term has ended but fall under the provisions of Clause 3, Article 31 of Decree No. 50/2005/NĐ-CP, they must still carry out the necessary procedures as stipulated in Point 1.1, Clause 1, Section I of this part and complete the dossier to submit to the competent authority for consideration to extend the term of office, if such person still meets the conditions to continue holding the previous position.

2. The reappointment dossier includes:

2.1. Documents as specified in Points 2.1; 2.2; 2.4; 2.5; 2.6; 2.7; 2.9 Clause 2, Section I of this part;

2.2. Minutes of comments on the performance during the term of the person being considered for reappointment;

2.3. Other related documents (if any).

For the reappointment dossier of the Head and Deputy Head of specialized departments under the Civil Enforcement Agency at the provincial level, there must be a document from the Head of the Civil Enforcement Agency at the provincial level proposing the reappointment of the Head and Deputy Head of specialized departments under the Civil Enforcement Agency at the provincial level, and the documents as specified in Section 4.2, Section I of this part (excluding Item 4.2.6 of Section 4.2, Section I of this part).

Part Four

ARTICLE ON ASSIGNMENT, ROTATION, DETACHMENT, AND TRANSFER OF PUBLIC SERVANTS

I. GENERAL PRINCIPLES

The assignment, rotation, detachment, and transfer of public servants and Enforcement Officers of the Civil Enforcement Agency must be based on work requirements, qualifications, and capabilities of the public servants, ensuring transparency, democracy, and objectivity in accordance with the provisions of the law, guidelines of the Ministry of Justice, and must have written opinions from the Heads of the Civil Enforcement Agency where the public servant is being transferred from and to. In cases where these agencies do not agree but do not provide clear reasons or convincing reasons, the Director of the Department of Justice still decides and bears responsibility for their decision.

When implementing assignments, rotations, and detachments of public servants and Enforcement Officers of the Civil Enforcement Agency, other factors such as family circumstances, the adaptability of the public servant to the new unit, especially doing ideological work well, must be considered. In cases where the public servant has been motivated and persuaded and has the conditions to implement but does not do so, the Director of the Department of Justice still decides.

II. ASSIGNMENT, ROTATION, AND DETACHMENT OF ENFORCEMENT OFFICERS, HEADS OF CIVIL ENFORCEMENT AGENCIES AT PROVINCE AND DISTRICT LEVELS

1. The procedures and formalities for requesting the Minister of Justice to decide on the assignment, rotation, and detachment of local Enforcement Officers of the Civil Enforcement Agency from one province to another are as follows:

1.1. The Head of Civil Enforcement at the provincial level where the Enforcement Officer is being transferred from and the Head of Civil Enforcement at the provincial level where the Enforcement Officer is being transferred to prepare necessary formalities and report to the Director of the Department of Justice for consideration and decision by the Minister of Justice;

1.2. In cases where the public servant assigned, rotated, or detached retains the same position, they do not need to be relieved of their position before the assignment, rotation, or detachment, but there must be written opinions from the Party Committee or the Chairman of the People's Committee at the same level, where the Head of Civil Enforcement and Deputy Head of Civil Enforcement are being transferred from and to;

1.3. In cases where the assignment, rotation, or detachment involves a change in position, it shall be implemented according to the regulations on the appointment and removal of Heads of Civil Enforcement Agencies and Deputy Heads of Civil Enforcement Agencies stipulated in Decree No. 50/2005/NĐ-CP.

2. The procedures and formalities for the assignment and rotation of provincial-level Enforcement Officers within the provincial territory are as follows:

2.1. In cases of temporary assignment of provincial-level Enforcement Officers to perform tasks at district-level Civil Enforcement Agencies, they do not need to be relieved of their positions before the assignment decision is implemented;

2.2. In cases of rotation of provincial-level Enforcement Officers to take up the position of Head of Civil Enforcement Agency or Deputy Head of Civil Enforcement Agency at the district level, full procedures and formalities prescribed for the appointment of Heads of Civil Enforcement Agencies and Deputy Heads of Civil Enforcement Agencies must be followed. The rank and salary grade of the Enforcement Officer shall be implemented in accordance with point b, Clause 3, Article 3, Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the wage system for cadres, civil servants, officials, and armed forces.

3. The procedures and formalities for requesting the Director of the Department of Justice to decide on the assignment and rotation of district-level Enforcement Officers within the provincial territory are as follows:

3.1. The Head of Civil Enforcement at the provincial level prepares formalities and reports to the Director of the Department of Justice for consideration and decision;

3.2. The assignment and rotation of Enforcement Officers in this case must still comply with all formalities prescribed in Section I of Part Four of this Circular;

3.3. In cases where the Head of Civil Enforcement or Deputy Head of Civil Enforcement is assigned or rotated while retaining the same position, they do not need to be reappointed to the position of Head of Civil Enforcement or Deputy Head of Civil Enforcement by the competent authority, but must follow all formalities prescribed in point 1.2, Clause 1, Section II of this Part;

3.4. In cases where the assignment or rotation involves a change in position (the person being assigned to will be appointed to positions such as Head of Civil Enforcement or Deputy Head of Civil Enforcement, or ceasing to hold the position of Head of Civil Enforcement or Deputy Head of Civil Enforcement), it shall be implemented according to the agreement on the appointment and removal of Heads and Deputy Heads of Civil Enforcement Agencies stipulated in Decree No. 50/2005/NĐ-CP, submitting to the competent authority for appointment or removal of the position to be changed, then proceed with the assignment or rotation;

3.5. After the assignment and rotation decision is made, the Head of Civil Enforcement at the provincial level sends the decision to the Civil Enforcement Agency Bureau, along with a list of adjustments to allowances (if any) for management purposes.

III. ASSIGNMENT AND ROTATION OF OTHER PUBLIC SERVANTS

The Head of Civil Enforcement at the provincial level requests the Director of the Department of Justice to consider and decide on the assignment and rotation of public servants in the Civil Enforcement Agency. The assignment and rotation of other public servants in the Civil Enforcement Agency must fully comply with the formalities prescribed in Section I of this Part. After the assignment and rotation decision is made, the Head of Civil Enforcement at the provincial level sends the decision to the Civil Enforcement Agency Bureau, along with a list of adjustments to allowances (if any) for management and budget adjustment purposes.

IV. TRANSFER OF PUBLIC SERVANTS

The transfer of public servants in the Civil Enforcement Agency is carried out according to the following procedures and formalities:

1. For Enforcement Officers: Based on the organizational cadre work requirements or the wishes of the Enforcement Officer, the Head of Civil Enforcement at the provincial level reports to the Director of the Department of Justice for consideration and submits a written request to the Minister of Justice for comments on the transfer of the Enforcement Officer. The file sent to the Ministry of Justice must include written opinions from the agency or unit receiving the public servant, the application for job transfer from the Enforcement Officer, and written opinions from the Head of the Civil Enforcement Agency where the Enforcement Officer works.

BASED ON THE WRITTEN OPINION OF THE MINISTRY OF JUSTICE, THE HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY SHALL SUBMIT TO THE SELECTION BOARD FOR CIVIL EXECUTION AUTHORITY ENFORCEMENT OFFICERS TO CONSIDER AND RECOMMEND THE REMOVAL OF ENFORCEMENT OFFICERS WITHIN THEIR AUTHORITY.

AFTER THE DECISION TO REMOVE AN ENFORCEMENT OFFICER IS ISSUED BY THE MINISTER OF JUSTICE, THE DEPARTMENT OF JUSTICE DIRECTOR SHALL DECIDE ON THE TRANSFER OF THE ENFORCEMENT OFFICER'S WORK AND ESTABLISH A LIST OF REDUCED PUBLIC OFFICIALS TO BE SENT TO THE CIVIL EXECUTION AUTHORITY CIRCULAR FOR MANAGEMENT.

2. REGARDING AUDITORS AND SENIOR AUDITORS: WHEN THERE IS A REQUEST FOR THE TRANSFER OF THE WORK OF AUDITORS AND SENIOR AUDITORS, BASED ON THE AGREEMENT OF THE DEPARTMENT OF JUSTICE DIRECTOR, THE HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY SHALL REPORT TO THE CIVIL EXECUTION AUTHORITY CIRCULAR DIRECTOR OR THE MINISTER OF JUSTICE TO CONSIDER AND DECIDE ON THE REMOVAL OF AUDITORS AND SENIOR AUDITORS WITHIN THEIR AUTHORITY. BASED ON THE DECISION TO REMOVE AUDITORS AND SENIOR AUDITORS, THE DEPARTMENT OF JUSTICE DIRECTOR SHALL DECIDE ON THE TRANSFER OF THE WORK AND ESTABLISH A LIST OF REDUCED PUBLIC OFFICIALS TO BE SENT TO THE CIVIL EXECUTION AUTHORITY CIRCULAR FOR MANAGEMENT.

3. REGARDING SPECIALISTS AND ACCOUNTANTS: THE TRANSFER OF THE WORK OF SPECIALISTS AND ACCOUNTANTS SHALL BE DECIDED BY THE DEPARTMENT OF JUSTICE DIRECTOR AFTER RECEIVING THE WRITTEN AGREEMENT OF THE CIVIL EXECUTION AUTHORITY CIRCULAR.

4. REGARDING THE REMAINING POSITIONS IN THE CIVIL EXECUTION AUTHORITY: THE TRANSFER OF THE WORK OF THE REMAINING POSITIONS IN THE CIVIL EXECUTION AUTHORITY SHALL BE DECIDED BY THE DEPARTMENT OF JUSTICE DIRECTOR BASED ON THE PROPOSAL OF THE HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY AND ESTABLISH A LIST OF REDUCED PUBLIC OFFICIALS TO BE SENT TO THE CIVIL EXECUTION AUTHORITY CIRCULAR FOR MANAGEMENT.

PART FIVE

DISCIPLINARY ACTION AGAINST PUBLIC OFFICIALS

DISCIPLINARY ACTION AGAINST LOCAL CIVIL EXECUTION AUTHORITY PUBLIC OFFICIALS MUST BE IMPLEMENTED IN ACCORDANCE WITH LEGAL REGULATIONS AND THE FOLLOWING PROVISIONS:

1. WHEN DISCOVERING VIOLATIONS OF DISCIPLINE BY LOCAL CIVIL EXECUTION AUTHORITY PUBLIC OFFICIALS, THE DEPARTMENT OF JUSTICE DIRECTOR SHALL DIRECT THE HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY AND THE UNIT WHERE THE VIOLATING PUBLIC OFFICIAL WORKS TO VERIFY THE VIOLATION, REQUIRE THE PUBLIC OFFICIAL TO WRITE A SELF-CRITIQUE, ORGANIZE A MEETING TO CRITIQUE THE VIOLATION WITHIN THE UNIT (RECORD MUST BE MADE IN A MINUTES) AND PREPARE A FILE FOR THE DISCIPLINARY COMMITTEE TO REVIEW.

2. THE DEPARTMENT OF JUSTICE DIRECTOR SHALL ISSUE A DECISION TO FORM A DISCIPLINARY COMMITTEE FOR LOCAL CIVIL EXECUTION AUTHORITY PUBLIC OFFICIALS. THE DISCIPLINARY COMMITTEE SHALL INCLUDE FIVE MEMBERS AS PROVIDED FOR IN ARTICLE 11 OF DECREE NO. 35/2005/ND-CP DATED MARCH 17, 2005 OF THE GOVERNMENT ON DISCIPLINARY ACTION AGAINST CIVIL SERVANTS (HEREINAFTER REFERRED TO AS DECREE NO. 35/2005/ND-CP), SPECIFICALLY AS FOLLOWS:

2.1. THE CHAIRMAN OF THE COMMITTEE IS THE HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY (IN LOCATIONS WITHOUT A HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY, THE CHAIRMAN OF THE COMMITTEE IS THE DEPUTY HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY);

2.2. ONE MEMBER OF THE COMMITTEE IS THE REPRESENTATIVE OF THE SAME LEVEL UNION OF THE PROVINCE CIVIL EXECUTION AUTHORITY (FOR CASES WHERE THE VIOLATOR IS A PUBLIC OFFICIAL OF THE PROVINCE CIVIL EXECUTION AUTHORITY), THE COUNTY CIVIL EXECUTION AUTHORITY (FOR CASES WHERE THE VIOLATOR IS A PUBLIC OFFICIAL OF THE COUNTY CIVIL EXECUTION AUTHORITY);

2.3. ONE MEMBER OF THE COMMITTEE IS THE REPRESENTATIVE OF THE UNIT WHERE THE VIOLATING PUBLIC OFFICIAL WORKS (ELECTED BY THE COLLECTIVE OF PUBLIC OFFICIALS IN THAT UNIT);

2.4. FOR VIOLATORS WHO ARE CURRENTLY WORKING AT THE PROVINCE CIVIL EXECUTION AUTHORITY, THE PERSON DIRECTLY MANAGING THE ADMINISTRATIVE AND PROFESSIONAL AFFAIRS OF THE VIOLATOR MAY BE INVITED TO PARTICIPATE AS A MEMBER OF THE DISCIPLINARY COMMITTEE, WHICH COULD BE THE DEPUTY HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY OR THE HEAD OR DEPUTY HEAD OF A SPECIALIZED DEPARTMENT UNDER THE PROVINCE CIVIL EXECUTION AUTHORITY, DESIGNATED BY THE HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY.

FOR VIOLATORS WHO ARE CURRENTLY WORKING AT THE COUNTY CIVIL EXECUTION AUTHORITY, THE PERSON DIRECTLY MANAGING THE ADMINISTRATIVE AND PROFESSIONAL AFFAIRS OF THE VIOLATOR MAY BE INVITED TO PARTICIPATE AS A MEMBER OF THE DISCIPLINARY COMMITTEE, WHICH COULD BE THE HEAD OR DEPUTY HEAD OF THE COUNTY CIVIL EXECUTION AUTHORITY. IF THE VIOLATOR IS THE HEAD OR DEPUTY HEAD OF THE COUNTY CIVIL EXECUTION AUTHORITY, THE PERSON DIRECTLY MANAGING THE ADMINISTRATIVE AND PROFESSIONAL AFFAIRS OF THE VIOLATOR MAY BE INVITED TO PARTICIPATE AS A MEMBER OF THE DISCIPLINARY COMMITTEE, WHICH COULD BE THE DEPUTY HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY OR THE HEAD OR DEPUTY HEAD OF A SPECIALIZED DEPARTMENT UNDER THE PROVINCE CIVIL EXECUTION AUTHORITY, DESIGNATED BY THE HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY;

2.5. ONE MEMBER OF THE COMMITTEE IS THE HEAD OF THE ORGANIZATION AND ADMINISTRATION DEPARTMENT UNDER THE PROVINCE CIVIL EXECUTION AUTHORITY (OR THE HEAD OF THE ORGANIZATION DEPARTMENT FOR PROVINCE CIVIL EXECUTION AUTHORITIES WITH AN ORGANIZATION AND STAFF DEPARTMENT).

3. IN CASES WHERE THE HEAD OR DEPUTY HEAD OF THE PROVINCE CIVIL EXECUTION AUTHORITY VIOLATES DISCIPLINE, THE DEPARTMENT OF JUSTICE DIRECTOR SHALL DECIDE TO FORM A DISCIPLINARY COMMITTEE, INCLUDING THREE MEMBERS AS FOLLOWS:

3.1. THE CHAIRMAN OF THE COMMITTEE IS THE DEPARTMENT OF JUSTICE DIRECTOR;

3.2. ONE MEMBER OF THE COMMITTEE IS THE REPRESENTATIVE OF THE SUPERIOR PARTY COMMITTEE;

3.3. ONE MEMBER OF THE COMMITTEE IS THE REPRESENTATIVE OF THE UNION OF THE PROVINCE CIVIL EXECUTION AUTHORITY. IF THE PROVINCE CIVIL EXECUTION AUTHORITY HAS NOT YET ESTABLISHED A UNION, THE REPRESENTATIVE OF THE UNION OF THE SAME LEVEL OF THE PROVINCE CIVIL EXECUTION AUTHORITY WHERE THE VIOLATING PUBLIC OFFICIAL PARTICIPATES IN THE UNION SHALL BE THE MEMBER OF THE COMMITTEE.

4. IN ADDITION TO THE MAIN MEMBERS OF THE DISCIPLINARY COMMITTEE MENTIONED IN CLAUSES 2 AND 3 OF THIS SECTION, WHEN HOLDING MEETINGS, THE DISCIPLINARY COMMITTEE SHALL INVITE ADDITIONAL REPRESENTATIVES OF THE WOMEN'S UNION (IF THE VIOLATING PUBLIC OFFICIAL IS A WOMAN), THE YOUTH UNION OF HO CHI MINH COMMUNIST YOUTH ASSOCIATION (IF THE VIOLATING PUBLIC OFFICIAL IS A MEMBER OF THE YOUTH UNION) FROM THE UNIT WHERE THE VIOLATOR WORKS TO ATTEND THE MEETINGS OF THE DISCIPLINARY COMMITTEE. THE INVITED REPRESENTATIVE HAS THE RIGHT TO PARTICIPATE IN THE DISCUSSION BUT DOES NOT HAVE THE RIGHT TO VOTE.

5. THE DISCIPLINARY FILE INCLUDES THE FOLLOWING DOCUMENTS:

5.1. THE SELF-CRITIQUE OF THE VIOLATING PUBLIC OFFICIAL;

5.2. MINUTES, AUDIT DOCUMENTS, AND VERIFICATION PAPERS OF THE INCIDENT (INVOICES, EVIDENCES, ATTENDANCE SHEETS, CONCLUSIONS OF AUTHORITATIVE BODIES IF ANY);

5.3. MINUTES OF THE MEETING TO CRITIQUE AND RECOMMEND DISCIPLINARY ACTIONS OF THE UNIT WHERE THE VIOLATING PUBLIC OFFICIAL WORKS;

5.4. MINUTES OF THE MEETING AND RESOLUTION OF THE DISCIPLINARY COMMITTEE;

5.5. THE DOCUMENT PROPOSING THE APPLICATION OF DISCIPLINARY ACTIONS BY THE DISCIPLINARY COMMITTEE;

5.6. OTHER RELATED DOCUMENTS.

DISCIPLINARY FILES OF CIVIL SERVANTS MUST BE MANAGED, UPDATED, STORED, AND PRESERVED IN ACCORDANCE WITH THE REGULATIONS.

6. The disciplinary review and handling procedures for civil servants and officials of enforcement agencies who violate discipline shall be carried out in accordance with the provisions of Decree No. 35/2005/NĐ-CP and related guiding documents.

7. In cases within the authority of the Director of the Department of Justice to issue disciplinary decisions, the Head of Civil Enforcement at the provincial level shall be responsible for making a copy of the file (including all relevant documents) along with the disciplinary decision to send to the Civil Enforcement Agency for inspection and management. In cases within the disciplinary authority of the Director of the Civil Enforcement Agency or the Minister of Justice, within their respective authorities, the Head of Civil Enforcement at the provincial level or the Director of the Department of Justice shall report and send the entire file and all relevant documents to the Civil Enforcement Agency for submission to the competent authority for consideration and decision.

Part Six

SETTLEMENT OF RESIGNATION REGIME FOR CIVIL SERVANTS

1. For cases of resignation based on personal preference within the authority of the Director of the Department of Justice to decide (except for cases stipulated in Clause 2 of this Part), the Head of Civil Enforcement at the provincial level shall report to the Director of the Department of Justice for consideration and decision. Based on the decision of the Director of the Department of Justice regarding the resignation of civil servants, the Head of Civil Enforcement at the provincial level shall prepare a list of individual records for the calculation of severance pay for civil servants and send it to the Civil Enforcement Agency for examination and allocation of funds.

The decision on resignation of civil servants must clearly specify: apart from the severance allowance paid by the local social insurance agency, the person resigning will also have the Ministry of Justice settle the resignation regime according to Decree No. 54/2005/NĐ-CP dated April 19, 2005 of the Government on the resignation regime and compensation for training costs for cadres and civil servants (hereinafter referred to as Decree No. 54/2005/NĐ-CP). Cases of resignation under other regimes shall be implemented in accordance with the provisions of the law and guidance of the Ministry of Justice.

2. In cases where provincial Enforcement Officers, Chief Reviewers and equivalent positions wish to resign, the Head of Civil Enforcement at the provincial level shall prepare a file to report to the Director of the Department of Justice for submission to the Minister of Justice for consideration and decision. The resignation file includes: the request letter of the Department of Justice, the resignation letter of the civil servant, a copy of the Social Insurance Book and other relevant documents. After the Minister of Justice issues the decision on the resignation of the civil servant, the Head of Civil Enforcement at the provincial level must send a copy of the Social Insurance Book of the civil servant (the Social Insurance Book must be settled at the time of resignation) to the Civil Enforcement Agency for calculation of the severance allowance according to Decree No. 54/2005/NĐ-CP.

Part Seven

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular No. 555/TT-THA dated June 10, 1993 of the Ministry of Justice guiding certain issues concerning civil enforcement work.

2. The Head of Civil Enforcement at the provincial level shall be responsible for assisting the Director of the Department of Justice in effectively implementing organizational and personnel management work in accordance with Decision No. 1148/2005/QĐ-BTP, Decision No. 01/2007/QĐ-BTP dated April 16, 2007 of the Minister of Justice amending and supplementing Clause 3 of Article 2 of the Delegation Regulation authorizing the Director of the Department of Justice of provinces and centrally-administered cities to manage certain aspects of organizational and personnel work of provincial and centrally-administered city civil enforcement agencies, district, town, and city civil enforcement agencies under the province, issued together with Decision No. 1148/2005/QĐ-BTP and the contents prescribed in this Circular. Promptly develop and perfect the cadre leadership planning of provincial and district-level civil enforcement agencies to submit to the Minister of Justice for approval. The implementation process of the cadre leadership planning of provincial and district-level civil enforcement agencies shall be carried out in accordance with the regulations of the Party and State. The leadership planning of provincial and district-level civil enforcement agencies must have the written opinion of the same-level Party Committee before sending it to the Ministry of Justice for approval.

3. The files and resumes of civil servants of local civil enforcement agencies shall be kept and preserved strictly in accordance with the provisions of the law. The Head of Civil Enforcement at the provincial level shall assist the Director of the Department of Justice in managing the files, civil servant certificates, and other documents related to the personal resumes of cadres and civil servants of local civil enforcement agencies.

4. The Director of the Civil Enforcement Agency shall be responsible for assisting the Minister of Justice in monitoring and inspecting the implementation of this Circular and reporting annually to the Minister of Justice.

5. During the implementation process, if there are difficulties or obstacles, the Director of the Department of Justice and the Head of Civil Enforcement at the provincial level shall promptly reflect them to the Ministry of Justice for consideration and resolution./.