Circular No. 09/2011/TT-BTP on the issuance and guidance for the management and use of various types of procedural forms for civil enforcement

CIRCULAR

||| Regarding the issuance and guidance on management and use

of various types ofprocedural forms for civil enforcement

________________ 

Pursuant to the Civil Enforcement Law No. 26/2008/QH12 dated November 14, 2008;

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

Pursuant to Decree No. 58/2009/NĐ-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law on enforcement procedures;

The Ministry of Justice hereby issues and guides the management and use of various types of procedural forms for civil enforcement as follows:

Article 1. Scope of Regulation

This Circular issues various types of procedural forms for civil enforcement and guides their management and use by agencies, organizations, and individuals related to civil enforcement work.

Article 2. Subjects using procedural forms for civil enforcement

1. Director of the Civil Enforcement General Department;

2. Director of the Civil Enforcement Department of provinces and centrally-administered cities; Director of the Civil Enforcement Sub-department of districts, counties, towns, and centrally-administered city districts (collectively referred to as the Head of the civil enforcement agency);

3. Enforcement officers of the civil enforcement agency;

4. Review officers of the civil enforcement agency;

5. Civil servants engaged in civil enforcement work;

6. Persons subject to enforcement, persons obligated to enforce, and persons with rights and interests related to enforcement.

Article 3. Principles of management and use

1. Procedural forms for civil enforcement shall be uniformly issued, managed, and used in civil enforcement work.

2. During the organization of civil enforcement, the subjects specified in Article 2 of this Circular must use procedural forms for civil enforcement in accordance with the laws on civil enforcement.

Article 4. Issuance of various types of procedural forms for civil enforcement

1. Issuing 158 procedural forms for civil enforcement attached to this Circular.

2. Various types of procedural forms for civil enforcement have names, numbers, and codes according to the appendices, including:

a) 03 forms of decisions on enforcement by the Civil Enforcement General Department;

b) 57 forms of decisions on enforcement by the Civil Enforcement Department;

c) 54 forms of decisions on enforcement by the Civil Enforcement Sub-department;

d) 44 forms of notices, summonses, notifications, minutes, and applications in civil enforcement.

Article 5. Management of procedural forms for civil enforcement

Article 35. Use of Civil Enforcement Business Forms

2. The Civil Enforcement General Department coordinates with the Information Technology Department to post procedural forms for civil enforcement on the Ministry of Justice's website (www.moj.gov.vn/directives/procedures/civil-enforcement/procedural-forms-for-civil-enforcement) for local civil enforcement agencies to access, print, and use.

3. Civil Enforcement Departments of provinces and centrally-administered cities manage and guide the use of procedural forms for civil enforcement within their respective jurisdictions.

Article 6. Use of procedural forms for civil enforcement

1. Procedural forms for civil enforcement shall be uniformly used in accordance with the procedures in organizing the enforcement of judgments and decisions as stipulated in Article 2 of the Civil Enforcement Law 2008.

2. During the organization of enforcement, based on actual circumstances, the Head of the civil enforcement agency, enforcement officers, review officers, and civil servants engaged in civil enforcement may consider and decide to select appropriate forms for each civil enforcement case.

3. The size of civil enforcement procedural forms shall be uniformly A4 paper (210mm x 297mm).

Article 7. Recording of Civil Enforcement Business Forms

1. The recording of civil enforcement business forms must be accurate, handwriting must be clear, complete, and legible, without abbreviations or symbols, no erasures, no use of local language terms, and all writing must be done with the same good quality ink. For places that have applied information technology in civil enforcement work, the contents to be recorded in civil enforcement business forms may be printed through computers.

2. The recording of civil enforcement business forms must be continuous, no blanks should be left, page numbers must be clearly marked, and at the end of the recording, any remaining blank portions of the document must be crossed out.

3. It is strictly prohibited to arbitrarily erase, alter, or supplement the recorded contents of civil enforcement business forms, causing distortion of the business records.

Article 8. Amending the Contents of Recorded Civil Enforcement Business Forms

During the use of the forms, if there are errors in the recorded contents, they shall be handled as follows:

1. For types of decisions, notifications, notices, and summonses regarding civil enforcement (referred to collectively as documents) that have been issued with errors but do not change the essence of the matter, the authorized person must correct the error in writing for the erroneous part; if the error changes the essence of the matter, a new document must be issued to replace the previously issued document.

2. For types of minutes containing errors that need to be corrected, if all participants in the case agree to correct them directly, the head of the civil enforcement agency, enforcement officer, reviewing officer, or civil enforcement official who prepared the minutes must directly amend the erroneous part on the minutes, while all participants must sign immediately next to the amended portion. If the participants do not agree to direct correction, the authorized person preparing the minutes must replace it with another minute.

Article 9. Issuance and Storage of Civil Enforcement Business Forms

Used civil enforcement business forms shall be issued and stored in accordance with the provisions of Government Decree No. 110/2004/ND-CP dated April 8, 2004, amended and supplemented by Government Decree No. 09/2010/ND-CP dated February 8, 2010, concerning archival work and relevant laws.

Article 10. Effective Date

This Circular takes effect from July 15, 2011, replacing Decision No. 07/2007/QĐ-BTP dated July 12, 2007, of the Minister of Justice on the issuance of regulations on civil enforcement business forms.

Article 11. Implementation Organization

1. The National Office of Civil Enforcement shall guide and inspect local civil enforcement agencies in the management and uniform use of civil enforcement business forms throughout the country.

2. The head of the civil enforcement agency shall guide, manage, and use civil enforcement business forms in their locality.

3. In the course of implementation, if there are difficulties, local civil enforcement agencies shall promptly report to the Ministry of Justice for consideration and resolution./.