Joint Circular No. 06/2016/TTLT-BTP-VKSNDTC-TANDTC guides cooperation in civil enforcement statistics between the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court. The Circular stipulates the scope of application, statistical forms, reporting periods, methods of submitting reports, and responsibilities for implementation.
적용 범위
Civil Enforcement Execution Office, Civil Enforcement Execution Department, Ministry of Justice; People's Procuracy at provincial and district levels, Supreme People's Procuracy; People's Courts at provincial and district levels, Supreme People's Court, Higher People's Courts.
핵심 사항
- Civil Enforcement Execution Office and Civil Enforcement Execution Department cooperate with the same-level People's Procuracy to prepare statistical reports on matters and money using Form No. 01/TKLN-THADS and Form No. 02/TKLN-THADS.
- Civil Enforcement Execution Office, Civil Enforcement Execution Department, and the same-level People's Procuracy cooperate with the same-level People's Court to prepare statistical reports on the results of civil enforcement using Form No. 03/TKLN-THADS.
- The same-level People's Procuracy takes the lead, cooperating with the civil enforcement agency and the same-level People's Court to prepare statistical reports on supervising civil enforcement using Form No. 04/TKLN-THADS.
- Statistical reports must be submitted within five working days to the superior level, and within ten days to the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court.
- The civil enforcement management agency, civil enforcement agencies, People's Procuracies, and People's Courts at higher levels are responsible for inter-agency inspections of the implementation of statistical reports.
🌐 이 문서의 사회적 영향
- Positive impact: Helps improve the effectiveness of management and supervision of civil enforcement through accurate and timely statistics.
- Negative impact: May impose organizational burdens on civil enforcement agencies, People's Procuracies, and People's Courts.
❓ 자주 묻는 질문
Which agencies are responsible for preparing statistical reports?
Civil Enforcement Execution Office and Civil Enforcement Execution Department cooperate with the same-level People's Procuracy to prepare statistical reports on matters and money using Form No. 01/TKLN-THADS and Form No. 02/TKLN-THADS; Civil Enforcement Execution Office, Civil Enforcement Execution Department, and the same-level People's Procuracy cooperate with the same-level People's Court to prepare statistical reports on the results of civil enforcement using Form No. 03/TKLN-THADS; The same-level People's Procuracy leads, cooperating with the civil enforcement agency and the same-level People's Court to prepare statistical reports on supervising civil enforcement using Form No. 04/TKLN-THADS.
What is the deadline for submitting statistical reports?
Civil Enforcement Execution Office, People's Procuracy at district level, and People's Court at district level submit statistical reports to Civil Enforcement Execution Department, People's Procuracy at provincial level, and People's Court at provincial level within five working days from the end of the reporting period; Civil Enforcement Execution Department, People's Procuracy at provincial level, and People's Court at provincial level submit statistical reports to the Ministry of Justice, Supreme People's Procuracy, and Supreme People's Court within ten days from the end of the reporting period.
Which agencies are responsible for conducting inter-agency inspections of civil enforcement statistics?
Annually, the civil enforcement management agency, civil enforcement agencies, People's Procuracies, and People's Courts at higher levels may organize inter-agency inspections of the implementation of civil enforcement statistical reports for subordinate levels.
What statistical forms are included in this Circular?
The joint statistical forms issued together with this Circular include: Form No. 01/TKLN-THADS - Statistics on the results of civil enforcement regarding matters; Form No. 02/TKLN-THADS - Statistics on the results of civil enforcement regarding money; Form No. 03/TKLN-THADS - Statistics on the number of judgments and decisions requested by the civil enforcement agency to the court for correction, supplementation, explanation; requests for cassation review, re-trial; requests for declaring transactions invalid; results of resolution by the court; Form No. 04/TKLN-THADS - Statistics on the results of supervising civil enforcement.
When does this Circular take effect?
This Joint Circular takes effect from August 1, 2016.
전문
JOINT CIRCULAR
Guidelines for Cooperation in Civil Enforcement Statistics
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Based on the Civil Enforcement Law dated November 14, 2008 and the Law Amending and Supplementing Certain Articles of the Civil Enforcement Law dated November 25, 2014 (hereinafter referred to collectively as the Civil Enforcement Law);
Based on the Law on the Organization of People's Procuracy dated November 24, 2014;
BASED ON THE LAW ON THE ORGANIZATION OF THE PEOPLE'S PROSECUTORATES dated November 24, 2014;
Pursuant to the Law on Statistics dated November 23, 2015;
Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
The Minister of Justice, the Chief Procurator of the Supreme People's Procuracy, and the President of the Supreme People's Court issue guidelines for cooperation in civil enforcement statistics.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
These joint circulars provide guidance on the cooperation in compiling statistical reports, submitting statistical reports, and inter-ministerial inspections in civil enforcement statistics between the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court.
Article 2. Applicability
This Joint Circular shall apply to:
1. Civil Enforcement Execution Office at district, county, town, and provincial city level (hereinafter collectively referred to as the Civil Enforcement Execution Office); Civil Enforcement Execution Department at provincial and centrally-administered city level (hereinafter collectively referred to as the Civil Enforcement Execution Department) and the Ministry of Justice.
2. People's Procuracy at district, county, town, and provincial city level (hereinafter collectively referred to as the People's Procuracy at district level); People's Procuracy at provincial and centrally-administered city level (hereinafter collectively referred to as the People's Procuracy at provincial level), High People's Procuracy, and the Supreme People's Procuracy.
3. People's Court at district, county, town, and provincial city level (hereinafter collectively referred to as the People's Court at district level); People's Court at provincial and centrally-administered city level (hereinafter collectively referred to as the People's Court at provincial level), High People's Court, and the Supreme People's Court.
Article 3. Inter-agency Statistical Forms
1. The inter-agency civil enforcement statistical form issued together with Appendix 1 of this joint circular includes:
a) Form 01/TKLN-THADS - Civil Enforcement Outcome Statistics on Matters;
b) Form 02/TKLN-THADS - Civil Enforcement Outcome Statistics on Money;
c) Form 03/TKLN-THADS - Statistics on the number of judgments and decisions requested by the civil enforcement agency to be corrected, supplemented, or explained by the court; requests for cassation review, re-trial; requests for determination and division of property; requests to declare transactions void; results of court resolution;
d) Form 04/TKLN-THADS - Statistics on the Results of Supervision of Civil Enforcement.
2. Explanations of certain terms and instructions for recording forms are carried out according to Appendix 2 issued together with this joint circular.
Article 4. Periods for Reporting Civil Enforcement Statistics
1. Monthly reporting period starts from October 1 of the previous year and ends on the last day of each month corresponding to the reporting period.
2. Annual reporting period is a 12-month reporting period starting from October 1 of the previous year and ending September 30 of the following year.
The annual civil enforcement statistics reporting period includes 12 periods: 1 month, 2 months, 3 months, 4 months, 5 months, 6 months, 7 months, 8 months, 9 months, 10 months, 11 months, and 12 months.
Article 5. Units of Measurement and Calculation Methods
1. Units of measurement are specified in detail in the statistical forms and appendices issued together with this joint circular.
2. Statistical report figures are calculated using cumulative method.
Chapter II
COMPILE, SUBMIT REPORTS AND INTER-MINISTERIAL INSPECTIONS
IN CIVIL ENFORCEMENT STATISTICS
Article 6. Preparation of Civil Enforcement Statistics Reports
1. The Civil Enforcement Office shall be responsible for taking the lead and coordinating with the People's Procuracy at the district level; the Civil Enforcement Bureau shall be responsible for taking the lead and coordinating with the People's Procuracy at the provincial level to prepare the statistics report according to Form No. 01/TKLN-THADS and Form No. 02/TKLN-THADS as prescribed in Point a and Point b, Clause 1, Article 3 of this Joint Circular.
2. The Civil Enforcement Office shall be responsible for taking the lead and coordinating with the People's Procuracy at the district level and the People's Court at the district level; the Civil Enforcement Bureau shall be responsible for taking the lead and coordinating with the People's Procuracy at the provincial level and the People's Court at the provincial level to prepare the statistics report according to Form No. 03/TKLN-THADS as prescribed in Point c, Clause 1, Article 3 of this Joint Circular.
3. The People's Procuracy at the district level shall be responsible for taking the lead and coordinating with the Civil Enforcement Office and the People's Court at the district level; the People's Procuracy at the provincial level shall be responsible for taking the lead and coordinating with the Civil Enforcement Bureau and the People's Court at the provincial level to prepare the statistics report according to Form No. 04/TKLN-THADS as prescribed in Point d, Clause 1, Article 3 of this Joint Circular.
4. The Supreme People's Court and the Supreme People's Procuracy shall prepare the statistics report according to Form No. 03/TKLN-THADS as prescribed in Point c, Clause 1, Article 3 of this Joint Circular.
5. The Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court shall be responsible for preparing the national civil enforcement statistics report.
6. The preparation of inter-sectoral civil enforcement statistics reports within the military shall be carried out in accordance with the guidance of the Ministry of National Defense.
Article 7. Coordination in Preparing and Correcting Data in Civil Enforcement Statistics Reports
1. During the process of preparing civil enforcement statistics reports, if there is disagreement on statistical data, the Civil Enforcement Office leading the process shall coordinate with the People's Procuracy at the same level to review, compare, and unify the data in Form No. 01/TKLN-THADS and Form No. 02/TKLN-THADS; the Civil Enforcement Office leading the process shall coordinate with the People's Procuracy and the People's Court at the same level to review, compare, and unify the data in Form No. 03/TKLN-THADS; the People's Procuracy leading the process shall coordinate with the Civil Enforcement Office and the People's Court at the same level to review, compare, and unify the data in Form No. 04/TKLN-THADS.
2. In cases where data in the civil enforcement statistics report needs correction, the Civil Enforcement Office, the People's Procuracy, and the People's Court with data requiring correction must provide an explanatory document; there must be agreement among the agencies that have signed off on the statistics report at the same level, and they must report to their immediate superior agency to implement corrections in the consolidated reports.
Article 8. Submission of Civil Enforcement Statistics Reports
1. Deadline for Submitting Civil Enforcement Statistics Reports
a) Within five working days from the end of the reporting period, the Civil Enforcement Office shall submit the statistics report to the Civil Enforcement Bureau; the People's Procuracy at the district level shall submit the statistics report to the People's Procuracy at the provincial level; the People's Court at the district level shall submit the statistics report to the People's Court at the provincial level for monitoring and consolidation as stipulated in Article 6 of this Joint Circular;
b) Within ten days from the end of the reporting period, the Civil Enforcement Bureau shall submit the provincial-level statistics report to the Ministry of Justice (Civil Enforcement General Department); the People's Procuracy at the provincial level and the Supreme People's Procuracy shall submit the statistics report to the Supreme People's Procuracy; the People's Court at the provincial level and the Supreme People's Court shall submit the statistics report to the Supreme People's Court for the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court to consolidate and report to competent authorities as required.
2. Method of Submitting Civil Enforcement Statistics Reports
The civil enforcement statistics report shall be submitted to the recipient via one of the following methods:
a) Sent via postal service;
b) Sent directly;
To ensure timely preparation and submission of the statistics report, the Civil Enforcement Office, the People's Procuracy, and the People's Court may submit the statistics report electronically before the deadline using digital signatures in the preparation of the statistics report or other means as required by each sector. Electronic submission must use email addresses provided by the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court (if applicable).
Article 9. Inter-sectoral inspection on civil enforcement statistics
Annually, the civil enforcement management agency, the civil enforcement agency, the People's Procuracy, and the higher-level People's Court may organize inter-sectoral inspections of the implementation of civil enforcement statistical reports by subordinate levels.
Chapter III
IMPLEMENTATION
Article 10. Responsibility for Implementation
1. The Ministry of Justice is responsible for:
a) Guiding, directing, inspecting, and urging local Civil Enforcement agencies to implement this Joint Circular;
b) Coordinate with the Supreme People's Procuracy and the Supreme People's Court in reviewing, comparing, and consolidating statistical data to report to competent authorities;
c) Chair inter-sectoral meetings with the Supreme People's Procuracy and the Supreme People's Court to evaluate the implementation of this Joint Circular.
2. The Supreme People's Procuracy shall be responsible for:
a) Directing, guiding, inspecting, and urging lower-level People's Procuracies to implement this Joint Circular;
b) Coordinating with the Ministry of Justice and the Supreme People's Court in reviewing, comparing, and consolidating statistical data to report to competent authorities.
3. The Supreme People's Court is responsible for:
a) Guiding, directing, inspecting, and urging lower-level People's Courts to implement this Joint Circular;
b) Coordinating with the Ministry of Justice and the Supreme People's Procuracy in reviewing, comparing, and consolidating statistical data to report to competent authorities.
4. Higher-level People's Procuracies and Higher-level People's Courts shall strictly implement the provisions of this Joint Circular.
5. The Civil Enforcement Agency, Provincial People's Procuracy, and Provincial People's Court shall be responsible for:
a) Strictly implementing the provisions of this Joint Circular;
b) Directing, guiding, inspecting, and urging District Civil Enforcement Agencies, District People's Procuracies, and District People's Courts within their respective sectors to implement this Joint Circular.
6. District Civil Enforcement Agencies, District People's Procuracies, and District People's Courts shall be responsible for strictly implementing the provisions of this Joint Circular.
Article 11. Effective Date
1. This Joint Circular takes effect from August 1, 2016.
2. Any difficulties encountered during implementation should be promptly reported to the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court according to their respective jurisdictions for resolution./.
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