Decision No. 07/2007/QD-BTP On the Issuance of Regulations on Forms for Civil Enforcement Business

Pursuant to …;

Regarding the issuance of regulations on the Forms and Templates for Civil Enforcement Operations

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THE MINISTER OF JUSTICE

Based on the Civil Enforcement Law dated January 14, 2004;

Based on Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to the proposal of the Director of the Civil Enforcement Agency,

DECISION:

Article 1. Issued along with this Decision are the "Regulations on Forms and Templates for Civil Enforcement Operations".

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Director of the Civil Enforcement Agency, the Head of the Ministry's Office, Heads of units under the Ministry, Directors of Civil Enforcement Agencies under the Ministry of National Defense, Directors of Provincial Justice Departments, Chiefs of Civil Enforcement Agencies at provincial level cities, military regions, naval forces, district, county, town, and city-level civil enforcement agencies under provinces shall be responsible for implementing this Decision./.

REGULATIONS

Forms and Templates for Civil Enforcement Operations

(Issued together with Decision No. 07/2007/QĐ-BTP dated July 12

 2007 of the Minister of Justice)

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PART I

GENERAL PROVISIONS

Article 1. Purpose

These regulations are issued to unify the system of forms and main documents used in organizing the execution of judgments and decisions of courts that have taken legal effect or those that have not yet taken legal effect but are executed immediately according to Article 2 of the Civil Enforcement Law; to facilitate the operational activities of enforcement officers; to assist heads of enforcement agencies in supervising the activities of enforcement officers; and to help competent authorities determine the individual responsibility of chiefs of civil enforcement agencies, enforcement officers, chief reviewers, and reviewers when performing civil enforcement inspection work.

Article 2. Subjects using forms and templates for civil enforcement operations

The subjects using forms and templates for civil enforcement operations include:

1. Chiefs of Civil Enforcement Agencies at provincial level cities directly under the central government (hereinafter referred to as Chiefs of Civil Enforcement Agencies at provincial level); Chiefs of Civil Enforcement Agencies at district, county, town, and city levels directly under provinces (hereinafter referred to as Chiefs of Civil Enforcement Agencies at district level);

2. Enforcement officers of civil enforcement agencies at district and provincial levels;

3. Chief reviewers and reviewers of civil enforcement operations;

4. Civil servants engaged in civil enforcement operations at local civil enforcement agencies.

Chapter II

CONTENT OF FORMS AND TEMPLATES FOR CIVIL ENFORCEMENT OPERATIONS

Article 3. Types of forms and templates for civil enforcement operations

Forms and templates for civil enforcement operations include various types of enforcement decisions, notices, summonses, announcements, and minutes of civil enforcement operations, listed by name, number, code, and format in the Appendix to these Regulations.

Article 4. Use of forms and templates for civil enforcement operations

1. Forms and templates for civil enforcement operations are used during the organization of the execution of judgments and decisions of courts that have taken legal effect and those judgments and decisions of courts that have not yet taken legal effect but are executed immediately according to Article 2 of the Civil Enforcement Law and other decisions as prescribed by law.

During the process of organizing the execution of judgments, depending on the actual situation, the head of the civil enforcement agency shall consider and decide to use additional forms suitable for specific cases to serve the civil enforcement operations. In such cases, after the form is put into use, it must be reported immediately to the Civil Enforcement Agency.

Article 5. Requirements for Recording the Content of Civil Enforcement Business Forms

The recording of the content of civil enforcement business forms must comply with the following requirements:

- Be consistent with the form of the document used;

- Comply with legal regulations;

- Legal provisions, rules, issues, and matters must be presented concisely, clearly, and accurately;

- Use simple language that is easy to understand;

- Use common terms; avoid using local dialects and foreign languages except when specifically stated in judgments or decisions. For specialized terms that require clarification, they must be explained within the document;

- Do not abbreviate uncommon terms. For frequently used terms in the document, abbreviations may be used but the first occurrence of each abbreviation must be placed in parentheses immediately after the term;

- When citing related documents for the first time, fully record the type name, key content of the document; the number, code of the document; the date of issuance of the document and the issuing authority (except for laws and ordinances); in subsequent citations, only the type name and number, code of the document may be recorded.

Article 6. Recording the Content of Civil Enforcement Business Forms

The forms must be recorded completely, accurately, and objectively reflect all circumstances, as well as the progress of enforcement for each case.

The recording, presentation, stamping, management, and distribution of civil enforcement forms shall be carried out in accordance with the provisions set forth in Circular Joint No. 55/2005/TTLT-BNV-VPCP dated May 6, 2005 of the Government Office and the Ministry of Home Affairs guiding the format and technical presentation of documents, Decree No. 110/2004/NĐ-CP dated April 8, 2004 of the Government on archival work, and relevant legal regulations.

Article 7. Amending the Recorded Content of Civil Enforcement Business Forms

During the use of forms, if errors occur in the recording process, they shall be handled as follows:

1. For types of decisions, notices, announcements, and summonses regarding enforcement (referred to collectively as documents).

a) In cases where the document has not yet been sent out:

If errors are discovered during the recording process before sending the document to relevant parties, the head of the Civil Enforcement Agency or the Enforcement Officer may cancel the document and replace it with another document, or directly correct the error on the original document. If corrections are made directly on the original document, the correction must be written in red ink and confirmed with the seal of the Civil Enforcement Agency on the corrected portion.

b) In cases where the document has already been sent out:

After the document has been sent out, if errors are discovered, the authorized person must immediately issue a correction document (if the error is not the main content of the document) for the erroneous part, or recall the issued document and replace it with a new document (if the error is the main content of the document).

2. For types of minutes

a) Correcting minutes when participants in the matter are present:

For types of minutes, if corrections are needed, the head of the Civil Enforcement Agency or the Enforcement Officer must inform all participants in the matter about the content of the correction and obtain their consent before making the correction. The corrected content must be written next to the section needing correction in red ink and confirmed with signatures from all participants who attended the matter.

b) Correcting minutes when participants in the matter are absent:

In this case, the head of the enforcement agency may directly correct the minutes and send them to relevant persons for signature confirmation, or issue a separate document explaining the content of the correction and the reasons for the correction and transfer it to relevant persons for their comments. The correction content must be agreed upon and confirmed with signatures from all participants in the meeting.

If a participant in the matter disagrees with the content of the correction, the head of the Civil Enforcement Agency or the Enforcement Officer must organize a meeting again on matters related to the case.

Chapter III

IMPLEMENTATION

Article 8. Implementation organization

The Civil Enforcement Bureau checks and guides provincial and district-level Civil Enforcement Agencies to uniformly use civil enforcement forms nationwide; checks and provides opinions on forms issued by local Civil Enforcement Agencies outside those attached to this Decision.

The head of provincial and district-level Civil Enforcement Agencies guides and uses civil enforcement business forms in their respective areas./.