Joint Circular No. 07-89/TTLN guiding the protection and enforcement of court orders, stipulating the responsibilities of the People's Court, the People's Procuracy, and the public security organs in notifying, supporting, and handling acts of resistance during enforcement measures.
적용 범위
People's Courts, People's Procuracies, public security organs at the district and commune levels, wards, towns
핵심 사항
- The People's Court must notify the People's Procuracy, the public security organ, and the local People's Committee about the enforcement measures at least three days prior (Article 1).
- The public security organ has the responsibility to assign police officers to support maintaining order when the People's Court implements enforcement measures (Article 2).
- Public security forces must prevent and handle acts of obstruction and resistance during the enforcement of court orders according to the provisions of the law (Chapter II).
- If a crime is discovered in the act, public security forces have the right to arrest the perpetrator and transfer them to the investigation agency (Article 2).
- The People's Court and the public security organ need to organize the study of this Circular to implement the regulations correctly (Conclusion).
🌐 이 문서의 사회적 영향
- To help maintain order during the implementation of enforcement measures, prevent acts of resistance.
- To strengthen the responsibility of the public security organ in supporting the People's Court.
- May cause difficulties for those subject to enforcement due to the presence and strong intervention of the police force.
❓ 자주 묻는 질문
How far in advance must the People's Court notify when implementing enforcement measures?
At least three days prior (Article 1).
What are the responsibilities of the public security organ in maintaining order during enforcement?
Assigning police officers to support and maintain order, preventing acts of resistance (Article 2).
What rights do public security forces have when discovering a crime during enforcement?
Arresting the perpetrator and transferring them to the investigation agency (Article 2).
전문
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MINISTRY OF HOME AFFAIRS - SUPREME PEOPLE'S COURT |
SOCIALIST REPUBLIC OF VIETNAM |
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No.: 07-89/TTLN |
Hanoi, December 10, 1989 |
CIRCULAR
JOINT GUIDANCE OF THE SUPREME PEOPLE'S COURT AND THE MINISTRY OF HOME AFFAIRS
NO. 07/89-TTLN OF DECEMBER 10, 1989 ON THE GUIDELINES FOR THE PROTECTION AND ENFORCEMENT OF COURT DECISIONS
TO ENSURE THE IMPLEMENTATION OF CLAUSE 5, ARTICLE 227 OF THE CRIMINAL PROCEDURE CODE, ARTICLE 6 OF THE CIVIL EXECUTION ORDINANCE, AND ARTICLE 7 OF THE POLICE FORCE ORDINANCE.
AFTER CONSULTATIONS WITH THE SUPREME PROSECUTOR’S OFFICE AND THE MINISTRY OF JUSTICE,
THE SUPREME PEOPLE'S COURT AND THE MINISTRY OF HOME AFFAIRS ISSUE THE FOLLOWING GUIDELINES ON THE ENFORCEMENT OF COURT DECISIONS:
Chapter I. PROTECTION OF ENFORCEMENT OF COURT DECISIONS
1. IF IT IS NECESSARY TO HAVE SUPPORT AND ORDER MAINTENANCE WHEN IMPLEMENTING MEASURES TO ENFORCE COURT DECISIONS SUCH AS SEIZING PROPERTY, VALUATING PROPERTY, AUCTIONING PROPERTY, FORCIBLY HANDING OVER ITEMS, ETC., THE COURT MUST NOTIFY IN WRITING THE SAME LEVEL PROSECUTOR’S OFFICE, THE LOCAL POLICE STATION, AND THE COMMUNE, WARD, OR TOWN POLICE WHERE THE ENFORCEMENT WILL TAKE PLACE ABOUT THE TIME, LOCATION, PERSONS TO BE ENFORCED AGAINST, ENFORCEMENT MEASURES, POSSIBLE SITUATIONS, AND THE NUMBER OF POLICE REQUIRED FOR PROTECTION. THE NOTICE OF ENFORCEMENT MUST BE SENT TO THE COMMUNE, WARD, OR TOWN PEOPLE'S COMMITTEE WHERE THE ENFORCEMENT WILL TAKE PLACE SO THAT THEY CAN PARTICIPATE AS WITNESSES OR PROVIDE ASSISTANCE AS NECESSARY. IF THE ENFORCEMENT OFFICER BELIEVES THAT THE PERSON TO BE ENFORCED AGAINST MAY RESIST STRONGLY, THEY SHOULD REQUEST THE COURT PRESIDENT TO MEET WITH THE SAME LEVEL PROSECUTOR’S OFFICE AND THE LOCAL POLICE STATION AND THE LOCAL PEOPLE'S COMMITTEE REPRESENTATIVE TO UNIFY THE PLAN FOR ORDER MAINTENANCE DURING ENFORCEMENT.
THE NOTICE OF ENFORCEMENT OR THE MEETING TO DISCUSS ORDER MAINTENANCE DURING ENFORCEMENT MUST BE CONDUCTED AT LEAST THREE DAYS BEFORE THE ENFORCEMENT. IF THE ENFORCEMENT OFFICER BELIEVES THAT PROPERTY NEEDS TO BE SEIZED IMMEDIATELY, IT IS NOT NECESSARY TO GIVE A THREE-DAY NOTICE.
2. BASED ON THE NOTICE OF ENFORCEMENT RECEIVED, THE HEAD OF THE POLICE STATION HAS THE RESPONSIBILITY TO ASSIGN AT LEAST TWO POLICE OFFICERS TO SUPPORT AND MAINTAIN ORDER DURING THE ENFORCEMENT BY THE ENFORCEMENT OFFICER.
FOR COMPLEX CASES WHERE THE COURT HAS MET WITH THE POLICE STATION, THE POLICE STATION HAS THE RESPONSIBILITY TO ARRANGE SUITABLE FORCES AND EQUIPMENT TO ENSURE THE SUCCESSFUL PROTECTION OF ENFORCEMENT.
POLICE OFFICERS ASSIGNED TO SUPPORT THE ENFORCEMENT OFFICER IN ENFORCEMENT MUST BE PRESENT AT THE DESIGNATED TIME AND LOCATION AND WITHIN THEIR FUNCTIONAL SCOPE, THEY MUST FULLY COMPLY WITH THE REQUIREMENTS OF THE ENFORCEMENT OFFICER DURING ENFORCEMENT.
THE ENFORCEMENT OFFICER HAS THE RESPONSIBILITY TO COOPERATE AND CREATE FAVORABLE CONDITIONS FOR POLICE OFFICERS TO EFFECTIVELY PERFORM THEIR TASKS.
Chapter II. HANDLING OBSTRUCTION AND RESISTANCE TO ENFORCEMENT OF COURT DECISIONS
DURING THE ENFORCEMENT PROCESS, IF THERE ARE ANY OBSTRUCTIVE OR RESISTANT ACTIONS, THE POLICE FORCE SHALL APPLY NECESSARY MEASURES AS PROVIDED BY LAW TO IMMEDIATELY STOP THESE ACTIONS THEMSELVES OR UPON THE REQUEST OF THE ENFORCEMENT OFFICER. IF THE ACTION IS A CRIME IN PROGRESS, THE POLICE MUST IMMEDIATELY ARREST THE PERSON COMMITTING THE CRIME DURING ENFORCEMENT, OR RIGHT AFTER THE CRIME IS COMMITTED AND DISCOVERED OR PURSUED, AND THEN RECORD THE INCIDENT AND IMMEDIATELY TRANSFER THE PERSON ARRESTED TO THE AUTHORIZED INVESTIGATION BODY IN ACCORDANCE WITH ARTICLE 64 OF THE CRIMINAL PROCEDURE CODE. FOR OTHER CASES, THE ENFORCEMENT OFFICER MAY RECORD THE INCIDENT AND REQUEST THE AUTHORIZED STATE BODY TO HANDLE IT IN ACCORDANCE WITH THE LAW. LOCAL PEOPLE'S COURTS AND POLICE BODIES AT ALL LEVELS MUST ORGANIZE FOR ENFORCEMENT OFFICERS AND RELEVANT UNITS TO STUDY THIS CIRCULAR. LOCAL PEOPLE'S COURTS MUST INFORM THE SAME LEVEL PROSECUTOR’S OFFICE AND THE COUNTY PEOPLE'S COURT MUST INFORM THE COMMUNE, WARD, OR TOWN PEOPLE'S COMMITTEE TO COOPERATE IN IMPLEMENTATION.
FOR OTHER CASES, THE ENFORCEMENT OFFICER MAY RECORD THE INCIDENT AND REQUEST THE AUTHORIZED STATE BODY TO HANDLE IT IN ACCORDANCE WITH THE LAW.
LOCAL PEOPLE'S COURTS AND POLICE BODIES AT ALL LEVELS MUST ORGANIZE FOR ENFORCEMENT OFFICERS AND RELEVANT UNITS TO STUDY THIS CIRCULAR. LOCAL PEOPLE'S COURTS MUST INFORM THE SAME LEVEL PROSECUTOR’S OFFICE AND THE COUNTY PEOPLE'S COURT MUST INFORM THE COMMUNE, WARD, OR TOWN PEOPLE'S COMMITTEE TO COOPERATE IN IMPLEMENTATION.
The People's Courts and public security agencies at all levels in localities shall organize for enforcement officers and relevant units to study this Circular. The People's Courts at all levels shall notify the People's Procuratorates at the same level, and the People's Courts at the district level shall notify the People's Committees of communes, towns, and wards to be informed for coordination in implementation.
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Pham Tam Long (Signed) |
Trinh Hong Duong (Signed) |
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