Joint Circular No. 07/2013/TTLT-BTP-BCA-BTC guides the procedures and formalities for collecting, depositing, managing money and documents of individuals subject to civil enforcement and returning money and documents to individuals entitled to civil enforcement who are prisoners.

JOINT CIRCULAR

Guidelines on the procedures and formalities for collecting, depositing, managing money and documents of individuals subject to civil enforcement and paying money and documents to individuals entitled to civil enforcement who are prisoners

 civil enforcement

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Pursuant to the Civil Enforcement Law dated November 14, 2008;

Pursuant to the Criminal Enforcement Law dated June 17, 2010;

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

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Minister of Justice, the Minister of Public Security, and the Minister of Finance issue this Joint Circular guiding the procedures and formalities for collecting, depositing, managing money and documents of individuals subject to civil enforcement and paying money and documents to individuals entitled to civil enforcement who are prisoners.

Article 1. Scope of Regulation

This Circular guides the procedures and formalities for collecting, depositing, managing money and negotiable instruments or other documents (referred to collectively as documents) of prisoners who are individuals subject to civil enforcement or their relatives voluntarily submitted at prisons, detention centers (collectively referred to as prisons), criminal enforcement agencies of county-level public security organs for civil enforcement; paying money and documents to prisoners who are individuals entitled to civil enforcement at prisons, criminal enforcement agencies of county-level public security organs; responsibilities of prisons, criminal enforcement agencies of county-level public security organs, and civil enforcement agencies in enforcing the civil portion of the judgment or decision in criminal cases.

Article 2. Applicability

This Circular applies to the following agencies, organizations, and individuals:

1. Criminal enforcement management agencies under the Ministry of Public Security.

2. Prisons where prisoners who are individuals subject to civil enforcement or prisoners who are individuals entitled to civil enforcement are serving their sentences.

3. Criminal enforcement agencies of provincial-level public security organs, criminal enforcement agencies of county-level public security organs.

4. Civil enforcement management agencies, civil enforcement agencies.

5. Prisoners who are individuals subject to civil enforcement or their relatives.

6. Prisoners who are individuals entitled to civil enforcement or persons authorized by prisoners according to the law.

7. Organizations and individuals related to the collection, depositing, managing money and documents of prisoners who are individuals subject to civil enforcement or their relatives voluntarily submitted at prisons, detention centers of county-level public security organs for civil enforcement; paying money and documents to prisoners who are individuals entitled to civil enforcement at prisons, detention centers of county-level public security organs.

Article 3. Responsibilities of the Warden of the Prison, Head of the Criminal Enforcement Agency of the County-Level Public Security Organ

1. Notify the civil enforcement agency where the court of first instance has rendered judgment of the name, address of prisoners who are individuals subject to civil enforcement or prisoners who are individuals entitled to civil enforcement according to the criminal judgment within 15 (fifteen) days from the date of receiving the prisoner into the prison.

In case prisoners who are individuals subject to civil enforcement or prisoners who are individuals entitled to civil enforcement are serving a custodial sentence before this Circular takes effect, within 60 (sixty) days from the date this Circular takes effect, the Warden of the Prison, Head of the Criminal Enforcement Agency of the County-Level Public Security Organ where the prisoner is serving the sentence shall notify the civil enforcement agency where the court of first instance has rendered judgment of the place where the prisoner is serving the sentence and the part of the civil obligation not yet fulfilled in the criminal judgment.

2. Accept the civil enforcement decision in the criminal judgment and other relevant documents of the civil enforcement agency mentioned in Clause 1 of Article 4 of this Circular.

3. Accept money and documents transferred by the civil enforcement agency to the prison, criminal enforcement agency of the county-level public security organ to hand over to prisoners who are individuals entitled to civil enforcement according to the Civil Enforcement Law.

4. Accept money and documents that prisoners who are individuals subject to civil enforcement or their relatives voluntarily submit at the prison, criminal enforcement agency of the county-level public security organ for enforcement according to the civil enforcement decision and the decision of the criminal judgment.

5. Establish, use, and manage various types of books on civil enforcement according to Model 1a, 1b specified in Appendix I of this Circular, including the following types of books:

a) Book tracking the collection of money and documents by prisoners who are individuals subject to civil enforcement or their relatives voluntarily submitting;

b) Book tracking the payment of money and documents transferred by the civil enforcement agency to the prison, criminal enforcement agency of the county-level public security organ to hand over to prisoners who are individuals entitled to civil enforcement;

The book must be carefully preserved, numbered sequentially each page, stamped with a cross-stamp; recorded fully, promptly, accurately according to the columns printed in the book; no erasure or arbitrary alteration. The Warden of the Prison, Head of the Criminal Enforcement Agency of the County-Level Public Security Organ must confirm the total number of pages at the beginning of the book and sign, stamp.

Regularly close the book monthly, quarterly, semi-annually, and annually. The content of closing the book must reflect the columns of the book correctly, signed by the person closing the book and confirmed by the Warden of the Prison, Head of the Criminal Enforcement Agency of the County-Level Public Security Organ.

6. File the civil enforcement decision and other relevant documents related to civil enforcement in the prisoner's file and update into the information and data management software of the prisoner at the prison, criminal enforcement agency of the county-level public security organ. In case it is necessary to transfer money and documents to the civil enforcement agency, the prison, criminal enforcement agency of the county-level public security organ transfers money and documents and sends copies of related documents to the civil enforcement agency that transferred the civil enforcement decision or the civil enforcement agency where the court of first instance has rendered judgment.

7. Archive books, files, documents on collection, depositing, managing, paying money and documents: Books, files, documents on collection, depositing, managing, paying money and documents are stored according to the law on archiving. Documents in the file are arranged and numbered completely. The Warden of the Prison, Head of the Criminal Enforcement Agency of the County-Level Public Security Organ is responsible for reviewing the file before archiving.

8. In case the prisoner is a person subject to civil enforcement who refuses to accept money or documents, the Warden of the detention center or the Head of the Criminal Enforcement Agency under the provincial police shall be responsible for drafting a record regarding the refusal of the prisoner, who is a person subject to civil enforcement, to accept money or documents. The record shall be made in three (3) copies, with the detention center or the Criminal Enforcement Agency under the provincial police retaining one (1) copy, the prisoner, who is a person subject to civil enforcement, keeping one (1) copy, and one (1) copy being sent to the civil enforcement agency.

9. In case the prisoner is a person subject to civil enforcement who directly requests to authorize a family member to receive money or documents, the detention center and the Criminal Enforcement Agency under the provincial police shall be responsible for drafting a record regarding the authorization (or confirming on the power of attorney) and sending it to the civil enforcement agency. In the record regarding the authorization or the power of attorney, the full and specific name, address, and identification number of the authorized person must be recorded, along with the content of the authorization.

10. Announce and provide the temporary deposit account number of the detention center and the Criminal Enforcement Agency under the provincial police to the civil enforcement agency that has transferred the civil enforcement decision.

11. Report periodically every six (6) months or annually, or at any time, in writing to the criminal enforcement management agency under the Ministry of Public Security and the Criminal Enforcement Agency under the provincial police about the results of collecting, remitting, and managing money and documents for prisoners who are persons subject to civil enforcement; paying money and documents to prisoners who are persons entitled to civil enforcement, and informing the competent civil enforcement agency.

Article 4. Responsibilities of the Head of the Civil Enforcement Agency

1. Send the civil enforcement decision, the decision on exemption or reduction of civil enforcement obligations to the prisoner who is a person subject to civil enforcement through the detention center and the Criminal Enforcement Agency under the provincial police; simultaneously send the civil enforcement decision, the entrusted civil enforcement decision, the decision on exemption or reduction of civil enforcement obligations, and the notification document to the detention center and the Criminal Enforcement Agency under the provincial police where the prisoner who is a person subject to civil enforcement is serving the sentence.

The notification document includes the following basic contents: the address and temporary deposit account number of the civil enforcement agency; the amount of money and documents that the prisoner who is a person subject to civil enforcement still needs to pay; the amount of money and documents that the prisoner who is a person entitled to civil enforcement will receive; the right to refuse to accept money or documents or authorize another person to receive them on their behalf; the responsibility to pay the costs for sending money or documents to the place where the prisoner who is a person entitled to civil enforcement is serving the sentence.

In case the prisoner is both a person entitled to civil enforcement and a person subject to civil enforcement, the notification document must clearly state that if they do not voluntarily comply with civil enforcement, the money and documents will be processed according to the provisions of the law to ensure civil enforcement.

2. In case the civil enforcement agency entrusts another civil enforcement agency, it must notify in writing the detention center and the Criminal Enforcement Agency under the provincial police where the prisoner is serving the sentence about the entrusted civil enforcement and the results of civil enforcement.

3. Maintain a ledger for tracking the transfer of civil enforcement decisions according to Model 1c stipulated in Appendix I of this Circular; record fully, promptly, and accurately according to the columns already printed in the Ledger; do not erase or arbitrarily modify. If modification is necessary, it must be struck out and signed, stamped, and held accountable by the authorized Head of the Civil Enforcement Agency.

4. Directly transfer money to the person entitled to civil enforcement through the Warden of the detention center or the Head of the Criminal Enforcement Agency under the provincial police or deposit it into the temporary deposit account of the detention center or the Criminal Enforcement Agency under the provincial police for prisoners who are persons entitled to civil enforcement. For other documents, the civil enforcement agency shall hand them over to the Warden of the detention center or the Head of the Criminal Enforcement Agency under the provincial police to return to the prisoner who is a person entitled to civil enforcement.

5. Implement reporting and statistical systems on the collection and payment of money and documents for prisoners who are persons subject to civil enforcement or persons entitled to civil enforcement as prescribed by law.

Article 5. Delivery and Receipt of Execution Decisions

The head of the civil execution agency shall be responsible for directly transferring or sending via postal service the civil execution decision to the warden of the detention center or the head of the criminal enforcement agency of the public security department at the district level. In case of direct transfer, a handover record must be established, specifying the time, location, names of the person handing over and receiving, the content of the handover; the names and signatures of both parties.

Within five working days from the date of receipt of the civil execution decision and related documents, the warden of the detention center or the head of the criminal enforcement agency of the public security department at the district level shall deliver the civil execution decision to the prisoner who is the subject of the civil execution decision; explain the rights and obligations of the prisoner who is the subject of the civil execution decision and relevant laws on civil execution; request signature on the transfer form and send that form to the civil execution agency.

Article 6. Notification Regarding Prisoners Who Have Not Fully Performed Their Civil Execution Obligations and Died, Temporarily Suspended Execution of Criminal Sentences, Granted Pardon, Exempted from Execution of Criminal Sentences, Completed Execution of Criminal Sentences, or Transferred to Another Detention Center

1. In cases where a prisoner who has not fully performed their civil execution obligations dies, the warden of the detention center or the head of the criminal enforcement agency of the public security department at the district level shall immediately notify in writing, along with related documents (if any), to the civil execution agency that transferred the civil execution decision or the civil execution agency at the same level as the court that rendered the first-instance judgment.

2. In cases where a prisoner who has not fully performed their civil execution obligations is transferred to another detention center, the warden of the detention center or the head of the criminal enforcement agency of the public security department at the district level shall send the civil execution decision and related documents to the detention center or the criminal enforcement agency of the public security department at the district level where the prisoner is being transferred; simultaneously, notify in writing, accompanied by a copy of the transfer decision, to the civil execution agency that transferred the civil execution decision or the civil execution agency at the same level as the court that rendered the first-instance judgment.

3. In cases where a prisoner who has not fully performed their civil execution obligations is granted pardon, has completed execution of the criminal sentence, exempted from execution of the criminal sentence, or temporarily suspended execution of the criminal sentence, the warden of the detention center or the head of the criminal enforcement agency of the public security department at the district level shall notify in writing, accompanied by a copy of the pardon certificate or completion of criminal sentence certificate or exemption decision or temporary suspension decision and related documents (if any), to the civil execution agency that transferred the civil execution decision or the civil execution agency at the location of the court that rendered the first-instance judgment.

Two months before the prisoner is released from the detention center, the detention center or the criminal enforcement agency of the public security department at the district level shall notify the civil execution agency at the location of the court that rendered the first-instance judgment or the civil execution agency currently enforcing the judgment about the prisoner's release. Upon receipt of the notification from the detention center or the criminal enforcement agency of the public security department at the district level, the civil execution agency shall immediately notify the detention center or the criminal enforcement agency of the public security department at the district level of the civil execution obligations that the prisoner still needs to fulfill.

The notification document includes the following contents: the name and address of the prisoner who has not fully performed their civil execution obligations; the results of collecting money and documents from the prisoner at the detention center or the criminal enforcement agency of the public security department at the district level; the amount of money and documents that the subject of the civil execution decision has not paid or received; the address and place where the prisoner will reside after being granted pardon, completing execution of the criminal sentence, being exempted from execution of the criminal sentence, or temporarily suspended execution of the criminal sentence.

Article 7. Procedures for collecting money and documents from prisoners who are subject to civil enforcement proceedings or their relatives voluntarily submitting them at detention centers or criminal enforcement agencies under the public security department of the district level for enforcement purposes.

Clause 1. The collection of money from prisoners who are subject to civil enforcement proceedings or their relatives voluntarily submitting it at detention centers or criminal enforcement agencies under the public security department of the district level for enforcement purposes must be recorded on a receipt for the collection of enforcement money according to the model prescribed by the Ministry of Finance.

The receipt for the collection of civil enforcement money must include the full name and signature of the person collecting the money and the person paying (in cases where the relative of the prisoner who is subject to civil enforcement proceedings voluntarily submits on their behalf, this must be clearly noted); the reason for payment; the amount collected written in both figures and words; if the prisoner who is subject to civil enforcement proceedings or their relatives cannot write, then a thumbprint or clear indication of which finger of which hand should be made. No erasing or correcting of the receipt; in case of errors, they must be crossed out with a diagonal line, marked with the word "cancel," and kept intact in the receipt book.

Clause 2. The collection of documents that are not money from prisoners who are subject to civil enforcement proceedings or their relatives voluntarily submitting them at detention centers or criminal enforcement agencies under the public security department of the district level must be recorded in a document collection record according to Model 2a in Appendix II of this Circular. In the document collection record, the time, place, reason, basis for collecting the documents, quantity, condition of the documents; the full name and signature of the person submitting and the person collecting; the full name and signature of the Warden of the detention center, Head of the criminal enforcement agency under the public security department of the district level must be clearly stated.

The document collection record is established in three (3) copies, one (1) copy handed over to the prisoner who submitted the documents or their relatives, one (1) copy retained at the detention center or criminal enforcement agency under the public security department of the district level, and one (1) copy transferred to the civil enforcement agency.

Clause 3. Management and use of receipts for the collection of enforcement money and temporary collection of civil enforcement money shall be carried out in accordance with the regulations of the Ministry of Finance.

Article 8. Procedures for transferring money and documents already collected from prisoners who are subject to civil enforcement proceedings or their relatives voluntarily submitting them at detention centers or criminal enforcement agencies under the public security department of the district level to the civil enforcement agency.

Clause 1. Within one (1) month from the date of receiving money or documents, the Warden of the detention center, Head of the criminal enforcement agency under the public security department of the district level shall transfer the collected money into the temporary deposit account of the civil enforcement agency that has sent the decision on civil enforcement; directly deliver or transfer through other means of transportation the collected documents and the receipt, list of payers to the civil enforcement agency that has sent the decision on civil enforcement.

Clause 2. In cases of direct delivery of documents, a delivery and receipt record according to Model 2b in Appendix II of this Circular must be established, detailing the contents and condition of the documents, and must have the signature and full name of the Head of the agency and the stamp of the agency where the delivery and receipt take place. The record is established in two (2) copies, each party retains one (1) copy.

Clause 3. For amounts of money remaining due from prisoners who are subject to civil enforcement proceedings or their relatives voluntarily submitting them at detention centers or criminal enforcement agencies under the public security department of the district level before the effective date of this Circular, the detention center or criminal enforcement agency under the public security department of the district level shall transfer such amounts along with a list of dates, months, and years of money and document collections; a copy of the first-instance judgment, second-instance judgment, or court decision (if any) to the civil enforcement agency where the first-instance court is located for handling in accordance with the law.

Article 9. Procedure for temporarily collecting money and documents voluntarily submitted by prisoners who must execute civil judgments or their relatives when detention centers or criminal enforcement agencies under the provincial police have not yet received the enforcement decision.

In cases where they have not yet received the civil judgment enforcement decision transferred by the civil enforcement agency, the Warden of the detention center or the Head of the criminal enforcement agency under the provincial police shall be responsible for accepting money and documents submitted by prisoners who are the subjects of civil judgments or their relatives; at the same time, they shall establish a record according to Model 2c issued together with this Circular and temporarily collect the money and documents of the prisoner according to the procedure stipulated in Article 7 of this Circular.

Within five working days from the date of collecting money and documents voluntarily submitted by prisoners who are the subjects of civil judgments or their relatives for enforcement, the detention center or the criminal enforcement agency under the provincial police shall notify the collection of money and documents along with the voluntary submission record to the civil enforcement agency at the court of first instance for issuing a civil judgment enforcement decision as prescribed.

Based on the notification from the detention center or the criminal enforcement agency under the provincial police, within five working days from the date of receiving the notification and other related documents, the Head of the civil enforcement agency at the court of first instance must issue a civil judgment enforcement decision, send that decision and notify in writing to the detention center or the criminal enforcement agency under the provincial police about the account number and address of the civil enforcement agency.

Within thirty days from the date of receiving the civil judgment enforcement decision and the notification from the civil enforcement agency, the detention center or the criminal enforcement agency under the provincial police shall be responsible for transferring the collected amount into the account of the civil enforcement agency; directly deliver the collected documents to the civil enforcement agency or send them through other means of transportation.

Article 10. Procedure for returning money and documents to prisoners who are the subjects of enforcement

1. In cases where prisoners who are the subjects of civil enforcement submit a request to receive money and documents at the detention center or the criminal enforcement agency under the provincial police, the detention center or the criminal enforcement agency under the provincial police shall be responsible for notifying the civil enforcement agency; within five working days from the date of receiving the notification, the civil enforcement agency shall be responsible for sending money and documents to the Warden of the detention center or the Head of the criminal enforcement agency under the provincial police to proceed with the return of money and documents to the prisoner who is the subject of civil enforcement according to the decision to return money and documents.

Within five working days from the date of receiving money and documents sent by the civil enforcement agency or the enforcement officer, the detention center or the criminal enforcement agency under the provincial police shall proceed with the return of money and documents to the prisoner who is the subject of civil enforcement according to the decision to return money and documents.

2. The payment of civil enforcement money must be recorded on a Payment Voucher according to the model prescribed by the Ministry of Finance. In cases of returning documents, a record of returned documents according to Model 2d in Appendix II of this Circular must be established.

3. In cases where prisoners who are the subjects of civil enforcement authorize another person to receive money and documents on their behalf, the Warden of the detention center or the Head of the criminal enforcement agency under the provincial police shall be responsible for confirming on the power of attorney and sending the power of attorney to the authorized person; the authorized person receiving the money shall be responsible for sending the power of attorney to the civil enforcement agency. The civil enforcement agency shall be responsible for paying money and documents to the authorized person according to the provisions of the law.

4. In cases where prisoners who are the subjects of civil enforcement and are not the subjects of civil judgments refuse to accept money and documents, the Warden of the detention center or the Head of the criminal enforcement agency under the provincial police shall be responsible for confirming on the refusal document and sending it to the civil enforcement agency that transferred the enforcement decision to proceed with the handling procedures according to the provisions of the law.

Article 11. Costs for Ensuring Implementation

1. The costs for transferring money and documents from civil enforcement agencies to detention centers, public security criminal enforcement agencies at district level, and vice versa, as well as the costs for collecting money and documents from detainees at detention centers and public security criminal enforcement agencies at district level shall be covered by the civil enforcement fee usage as stipulated in Article 4 of Circular Joint Circular No. 144/2010/TTLT-BTC-BTP dated September 22, 2010 issued by the Ministry of Finance and the Ministry of Justice.

2. The costs for sending money and documents to detainees shall be borne by the detainees.

Article 12. Collection, Management, and Usage of Civil Enforcement Fees

The collection of civil enforcement fees shall be carried out in accordance with the provisions set forth in Joint Circular No. 144/2010/TTLT-BTC-BTP dated September 22, 2010 issued by the Ministry of Finance and the Ministry of Justice, which provides guidance on the system of collection, payment, management, and usage of civil enforcement fees.

The amount of civil enforcement fees to be used as stipulated in Article 4 of Joint Circular No. 144/2010/TTLT-BTC-BTP shall be transferred by the civil enforcement agency into the account of the detention center or the public security criminal enforcement agency at district level.

The warden of the detention center and the head of the public security criminal enforcement agency at district level shall be responsible for managing, using, and settling accounts for civil enforcement fees in accordance with regulations on civil enforcement fees and current laws and guiding documents on state budget management.

Article 13. Effective Date

1. This Circular takes effect from April 1, 2013.

2. Any previous guiding documents issued by the Ministry of Justice, the Ministry of Public Security, and the Ministry of Finance regarding procedures and formalities for collecting, paying, managing money and documents of persons subject to civil enforcement and delivering money and documents to persons entitled to civil enforcement that conflict with this Circular shall be abolished.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

The Civil Enforcement General Department under the Ministry of Justice and the Criminal Enforcement and Legal Aid Support General Department under the Ministry of Public Security shall be responsible for organizing the implementation and serving as the focal point for directing, guiding, and supervising the implementation of this Circular.

During the implementation of this Circular, if any difficulties or obstacles arise, relevant agencies and units shall report to the Ministry of Justice, the Ministry of Public Security, and the Ministry of Finance for timely guidance and direction.