Circular No. 08/2020/TT-BTP Amending and Supplementing Certain Articles of Circular No. 03/2017/TT-BTP dated April 5, 2017, issued by the Minister of Justice, on the titles, grade codes, and professional standards for civil enforcement specialist civil servants

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 03/2017/TT-BTP DATED APRIL 5, 2017 ISSUED BY THE MINISTER OF JUSTICE ON THE TITLES, CODES, AND QUALIFICATIONS FOR THE RANKS OF CIVIL SERVANTS IN THE FIELD OF CIVIL ENFORCEMENT

Based on the Civil Servants Law 2008; the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Public Officials Law 2019;

Pursuant to the Civil Enforcement Law 2008; the Law Amending and Supplementing Certain Articles of the Civil Enforcement Law 2014;

Pursuant to Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for cadres, civil servants, public officials, and armed forces; Decree No. 17/2013/NĐ-CP dated February 19, 2013 of the Government amending and supplementing certain articles of Decree No. 204/2004/NĐ-CP;

BASED ON Decree No. 96/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 138/2020/NĐ-CP dated November 27, 2020 of the Government on recruitment, utilization, and management of civil servants;

Pursuant to Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law; Decree No. 33/2020/NĐ-CP dated March 17, 2020 of the Government amending and supplementing certain articles of Decree No. 62/2015/NĐ-CP;

ON THE BASIS OF the unified opinions of the Ministry of Home Affairs in Circular No. 5478/BNV-CCVC dated November 10, 2019 and Circular No. 3456/BNV-CCVC dated July 12, 2020;

At the proposal of the Director of the Civil Enforcement General Department;

The Minister of Justice issues this Circular to amend and supplement certain articles of Circular No. 03/2017/TT-BTP dated April 5, 2017 on titles, codes, and qualifications for the ranks of civil servants in the field of civil enforcement.

Article 1. Amending and supplementing certain provisions of Circular number

1. Amend and supplement Clause 2 and Clause 3 of Article 2 as follows:

“2. The period of holding the rank of assistant officer and higher positions at job positions requiring a bachelor's degree in law or higher for civil servants and public officials working at the Ministry of Justice, Department of Justice, Justice Office; the civil enforcement system; judicial organs, prosecution, inspection, audit, internal affairs, or at job positions directly performing legislative work and enforcing laws within political systems;

3. The period of having a bachelor's degree in law or higher and holding leadership positions at Party Committees, People's Councils, People's Committees (at district level or higher);”

2. Supplement Clause 7 of Article 4 as follows:

“7. Civil servants who register to take the examination for promotion or be considered for promotion must meet the criteria and conditions stipulated in Article 30 and Article 31 of Decree No. 138/2020/NĐ-CP dated November 27, 2020 of the Government on recruitment, utilization, and management of civil servants and other relevant legal provisions.”

3. Amend and supplement Point b, c, d of Clause 4 of Article 5 as follows:

“b) Hold a certificate of advanced training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice;

c) Hold a diploma in advanced theoretical politics or advanced theoretical politics-administration or a bachelor's degree in political science or a certificate confirming equivalent advanced theoretical politics level from an authorized agency;

d) Hold a computer skills certificate with basic information technology proficiency level as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications on Information Technology Proficiency Standards or an equivalent application computer skills certificate.”

4. Amend and supplement Point b, d of Clause 4 of Article 6 as follows:

“b) Hold a certificate of training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice;

d) Hold a computer skills certificate with basic information technology proficiency level as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications on Information Technology Proficiency Standards or an equivalent application computer skills certificate.”

5. Amend and supplement Point b, d of Clause 4 of Article 7 as follows:

“b) Hold a certificate of training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice;

d) Hold a computer skills certificate with basic information technology proficiency level as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications on Information Technology Proficiency Standards or an equivalent application computer skills certificate.”

6. Amend and supplement Clause 1 of Article 8 as follows:

“1. Senior Examiner is a civil servant with the highest expertise in the field of civil enforcement examination, assisting the head of the civil enforcement management agency in performing tasks such as examining and inspecting important and complex civil enforcement cases involving multiple levels, sectors, fields, and regions; examining, inspecting, verifying civil enforcement complaints and reports, and performing other tasks assigned by the head of the civil enforcement management agency.”

7. Amend and supplement Point b, c, d, e, k, n of Clause 2 of Article 8 as follows:

“b) Conduct examinations and inspections of civil enforcement cases that have been and are being enforced; develop plans for inspections, proactively implement or coordinate with related agencies and units to verify and inspect civil enforcement activities according to plans approved by the head of the civil enforcement management agency. During the inspection process, if any errors are found, they must advise the competent authority to temporarily suspend the execution of erroneous decisions to correct them and bear responsibility for their recommendations;

c) Draft plans for approval by the head of the civil enforcement management agency, organize implementation or coordinate with related agencies and units to examine, inspect, verify, and propose solutions for civil enforcement complaints and reports, and administrative enforcement management according to the directives of the head of the civil enforcement management agency;

d) Advise the head of the civil enforcement management agency to direct civil enforcement agencies to enforce complex cases;

e) Advise the head of the civil enforcement management agency to respond to objections and suggestions from the People's Procuracy within their jurisdiction;

k) Assist the head of the civil enforcement management agency in guiding and directing civil enforcement practice nationwide and proposing measures to ensure compliance with and effectiveness of civil enforcement;

n) Perform other tasks as prescribed by law or assigned by the head of the civil enforcement management agency.”

8. Amend and supplement Point h of Clause 3 of Article 8 as follows:

"h) Civil servants participating in the examination to upgrade to the Senior Inspector rank must have held the position of Chief Inspector or equivalent for at least six years (72 months), including at least one year (12 months) as a Chief Inspector up to the deadline for submitting registration forms for the examination to upgrade."

9. Amend and supplement Point b, c, d Clause 4 Article 8 as follows:

“b) Hold a certificate of advanced training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice;

c) Hold a diploma in advanced theoretical politics or advanced theoretical politics-administration or a bachelor's degree in political science or a certificate confirming equivalent advanced theoretical politics level from an authorized agency;

d) Hold a computer skills certificate with basic information technology proficiency level as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications on Information Technology Proficiency Standards or an equivalent application computer skills certificate.”

10. Amend and supplement Point h Clause 3 Article 9 as follows:

"h) Civil servants participating in the examination to upgrade to the Chief Inspector rank must have held the position of Inspector or equivalent for at least nine years (excluding probationary and trial periods), including at least one year (12 months) as an Inspector up to the deadline for submitting registration forms for the examination to upgrade."

11. Amend and supplement Point b, d Clause 4 Article 9 as follows:

"b) Hold a certificate of training in state management knowledge and civil enforcement business according to the content and program of the Ministry of Justice;"

d) Hold a computer skills certificate with basic information technology proficiency level as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications on Information Technology Proficiency Standards or an equivalent application computer skills certificate.”

12. Amend and supplement Point b, c, e Clause 2 Article 10 as follows:

“b) Review case files of cases that have been and are being enforced by Enforcement Officers according to approved plans or assignments from the heads of civil enforcement agencies, propose solutions and be responsible for their recommendations;"

c) Review statistics, reports, and data on civil enforcement by Enforcement Officers and subordinate enforcement agencies;"

e) Review, inspect, and compile reports related to civil enforcement and administrative enforcement;"

13. Amend and supplement Point b, d Clause 4 Article 10 as follows:

“b) Hold a certificate of training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice;

d) Hold a computer skills certificate with basic information technology proficiency level as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications on Information Technology Proficiency Standards or an equivalent application computer skills certificate.”

14. Amend and supplement Clause 1 Article 11 as follows:

“1. A civil enforcement clerk is a specialized civil enforcement civil servant responsible for assisting Enforcement Officers in implementing procedures and formalities in civil enforcement and administrative enforcement work, or assisting Inspectors in reviewing ongoing and completed enforcement cases and investigating complaints and petitions regarding civil enforcement according to the law.”

15. Amend and supplement Point a Clause 2 Article 11 as follows:

“a) Advise and assist Enforcement Officers in preparing files and procedures, organizing enforcement within the jurisdiction of provincial and district-level enforcement agencies; assist Enforcement Officers in tasks related to administrative enforcement according to the law, or assist Inspectors in reviewing ongoing and completed enforcement cases and investigating complaints and petitions regarding civil enforcement according to the law;"

16. Amend and supplement Point b, d Clause 4 Article 11 as follows:

“b) Hold a certificate of training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice;

d) Hold a computer skills certificate with basic information technology proficiency level as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications on Information Technology Proficiency Standards or an equivalent application computer skills certificate.”

17. Amend and supplement Clause 1 Article 12 as follows:

“1. A mid-level civil enforcement clerk is a specialized civil enforcement civil servant responsible for assisting Enforcement Officers in implementing procedures and formalities in civil enforcement and administrative enforcement work, or assisting Inspectors in reviewing ongoing and completed enforcement cases and investigating complaints and petitions regarding civil enforcement according to the law.”

18. Amend and supplement Point a Clause 2 Article 12 as follows:

“a) Advise and assist Enforcement Officers in preparing files and procedures, organizing enforcement within the jurisdiction of provincial and district-level enforcement agencies; assist Enforcement Officers in tasks related to administrative enforcement according to the law, or assist Inspectors in reviewing ongoing and completed enforcement cases and investigating complaints and petitions regarding civil enforcement according to the law;"

19. Amend and supplement Point b, d Clause 4 Article 12 as follows:

“b) Hold a certificate of training in state administration knowledge and civil enforcement practice according to the content and program of the Ministry of Justice;

d) Hold a computer skills certificate with basic information technology proficiency level as prescribed in Circular No. 03/2014/TT-BTTTT dated March 11, 2014 of the Minister of Information and Communications on Information Technology Proficiency Standards or an equivalent application computer skills certificate.”

20. Add Article 12a as follows:

“Article 12a. Salary classification for civil servants specializing in civil enforcement

Civil servants specializing in civil enforcement as stipulated in Circular No. 03/2017/TT-BTP shall apply the Professional and Technical Pay Scale for State Officials (Scale 2) issued together with Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary regulations for officials, civil servants, and armed forces personnel (amended and supplemented by Decree No. 17/2013/NĐ-CP dated February 19, 2013 of the Government) as follows:

a) The Senior Enforcement Officer and Senior Review Officer ranks shall apply the salary coefficient for Class A3, Group A3.1 civil servants.

b) The Intermediate Enforcement Officer and Chief Review Officer ranks shall apply the salary coefficient for Class A2, Group A2.1 civil servants.

c) The Junior Enforcement Officer, Review Officer, and Enforcement Clerk ranks shall apply the salary coefficient for Class A1 civil servants.

d) The Mid-level Civil Enforcement Clerk rank shall apply the pay scale for Class B civil servants.”

21. Add Clause 4, 5, 6, and 7 Article 14 as follows:

“4. From the date this Circular takes effect, certificates of vocational training for ranks issued according to Point b Clause 4 Article 5, Point b Clause 4 Article 6, Point b Clause 4 Article 7, Point b Clause 4 Article 8, Point b Clause 4 Article 9, Point b Clause 4 Article 10, and Point b Clause 4 Article 11 of Circular No. 03/2017/TT-BTP dated April 5, 2017 of the Minister of Justice on job titles, rank codes, and vocational standards for civil servants specializing in civil enforcement shall continue to be valid for promotion to corresponding ranks.

Certificates of training in state management knowledge and senior civil enforcement business shall be used for examinations and promotions to the Senior Specialist, Senior Enforcement Officer, and Senior Inspector ranks; certificates of training in state management knowledge and regular civil enforcement business shall be used for examinations and promotions to the Chief Specialist, Mid-level Enforcement Officer, and Chief Inspector ranks; certificates of training in state management knowledge and basic civil enforcement business shall be used for examinations and promotions to the Specialist, Junior Enforcement Officer, Inspector, Civil Enforcement Clerk, and Mid-level Civil Enforcement Clerk ranks.

5. Time spent obtaining a bachelor's degree in law, performing tasks related to civil enforcement accounting, and holding an Accountant rank or higher before the Circular No. 78/2020/TT-BTC dated August 14, 2020 of the Minister of Finance guiding civil enforcement accounting took effect shall be counted as time spent in legal work.

6. For promotion plans approved before the effective date of this Circular, they shall continue to be implemented according to the approved plans within six months from the date this Circular takes effect. If the promotion examination has not been organized within this period, it shall be conducted according to this Circular.”

7. The Academy of Judicial Studies shall take the lead and coordinate with the Civil Enforcement General Department to develop training and capacity-building programs in accordance with the Circular, conversion programs for individuals holding pre-Circular enforcement-specific vocational training certificates, administrative civil service grade capacity-building certificates, or other specialized certificates to obtain certificates under this Circular.

Article 2. Implementation clause

1. This Circular takes effect from March 1, 2021.

2. Heads of units under the Ministry of Justice, heads of local enforcement agencies, and the Director of the Civil Enforcement Department under the Ministry of National Defense within their respective duties and authorities shall be responsible for implementing this Circular.