Circular No. 09/2012/TT-BTP stipulates the procedures and formalities for appointing, reappointing, resigning, dismissing, demoting, and removing from office leaders at the Department level under the Enforcement Agency of Civil Judgments General Department; leaders at the Bureau level and equivalent departments under the Enforcement Agency of Civil Judgments Bureau; and leaders at the Enforcement Agency of Civil Judgments Branch.

CIRCULAR

Prescribes the procedures and formalities for appointment, reappointment, resignation, removal, dismissal, and demotion of leaders at the Division level under the Civil Enforcement General Department;

demotion;leaders of the Bureau, specialized departments;

and equivalent units under the Civil Enforcement Bureau; leaders of the Civil Enforcement Branch;;

;

_______________________

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

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

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

Pursuant to Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law on management agencies for civil enforcement, civil enforcement agencies, and civil enforcement officials;

Pursuant to Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants, and Decree No. 93/2010/NĐ-CP dated August 31, 2010 of the Government amending certain articles of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants;

Considering the proposal of the Director General of the Civil Enforcement Department and the Head of the Cadre and Civil Servant Organization Department of the Ministry of Justice;

The Minister of Justice issues this Circular prescribing the procedures and formalities for the appointment, reappointment, resignation, removal, dismissal, and demotion of leaders in the civil enforcement system as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope and Applicability

This Circular prescribes the procedures and formalities for the appointment, reappointment, resignation, removal, dismissal, and demotion of leaders of Divisions and equivalent units under the Civil Enforcement General Department (hereinafter referred to collectively as Divisions under the General Department), Bureau Directors, Deputy Bureau Directors, Heads of Departments, Deputy Heads of Departments, and equivalents under Provincial and Central City Civil Enforcement Bureaus (hereinafter referred to collectively as Civil Enforcement Bureaus); Branch Directors, Deputy Branch Directors of County, District, City Town, and Provincial City Civil Enforcement Branches (hereinafter referred to collectively as Civil Enforcement Branches).

Article 2. Principles of Appointment, Reappointment, Resignation, Removal, Dismissal, and Demotion, Dismissal, Demotion

1. The Party uniformly leads cadre work and manages the cadre corps.

2. Ensuring the principle of centralized democracy, promoting the responsibility of the heads of agencies and units.

3. Must start from the requirements and tasks of the agency and unit; must be based on the moral character, ability, and specialty of the civil servant and the conditions and criteria for appointment.

4. Ensuring the stability, inheritance, and development of the civil servant corps, improving the quality and effectiveness of agency and unit operations.

Article 3. Age for Appointment

1. The first-time appointment of civil servants shall be carried out in accordance with the regulations of the Party and State regarding the age for appointment.

2. In cases where a civil servant has ceased to hold a leadership position, after a period of work, if considered for reappointment to a leadership position, the age condition shall be implemented as prescribed for the first-time appointment.

Article 4. Term of Office

1. The term of office for each appointment or reappointment of a leader is five years counted from the date of appointment or reappointment and recorded in the appointment decision.

2. The time a civil servant is assigned the head position or responsible for a unit does not count towards the appointment term.

3. For leaders who are transferred or appointed to a new position or a new unit equivalent to their previous position (with the same leadership position allowance coefficient), the term of office is calculated from the date of appointment to the new position.

4. In cases where the leadership position changes due to a change in organizational name, the term of office is calculated from the date of appointment to the previous position, except where otherwise provided by law.

Article 5. Appointment, Reappointment, Resignation, Removal, Dismissal, Demotion Authority

The authority to appoint, reappoint, resign, remove, dismiss, and demote civil servants in leadership positions within agencies and units specified in Article 1 of this Circular shall be implemented in accordance with the laws and the Minister of Justice's regulations on the分级管理权限内的公务员领导职务的任免、重新任命、辞职、免除、撤职和降职权限按照法律和司法部部长关于公务员和领导职务分级管理制度的规定执行。

Article 6. Evaluation of Civil Servants

1. When considering appointment or reappointment, the evaluation of civil servants must be carried out.

2. The evaluation of civil servants shall be conducted in accordance with the current regulations of the Party and the State.

Chapter II

APPOINTMENT

Section 1

CONDITIONS, STANDARDS AND GENERAL PROVISIONS ON APPOINTMENT

Article 7. Conditions, Standards, In-house Personnel, and Personnel from Other Agencies

1. Civil servants proposed for appointment to leadership positions as stipulated in Article 1 of this Circular must meet the conditions and standards of the position according to the general regulations of the Party and the State, and the specialized standards prescribed by the law on civil enforcement.

2. In-house personnel as defined in this Circular includes civil servants currently working at the agency or unit requiring the appointment of leadership civil servants.

3. Personnel from other agencies as defined in this Circular includes civil servants currently working at agencies outside the agency or unit requiring the appointment of leadership civil servants.

Article 8. Trust Voting Meetings

1. Full Staff Meeting of the Agency or Unit:

a) Composition of the Meeting: civil servants, leadership civil servants, indefinite-term contractual staff under Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government who are currently working at the unit.

b) Content of the Meeting: announcement of the policy, requirements, and standards for appointment; announcement of the list of civil servants recommended for appointment by the collective leadership and the party committee; summary of curriculum vitae, educational and work history; comments and evaluations of strengths and weaknesses, strong and weak points, and prospects for development; proposed job assignment; organization of opinions and trust voting from the collective staff (the collective staff may recommend additional candidates beyond those recommended by the collective leadership and the party committee).

2. Key Cadres' Meeting of the Agency or Unit:

a) Composition: The key cadres' meeting for trust voting on the appointment of leadership civil servants shall be conducted in accordance with the provisions of Sections 2, 3, 4, and 5 of Chapter II of this Circular.

b) Content: announcement of the policy, requirements, and standards for appointment; announcement of the results of trust voting at the full staff meeting; list of civil servants selected for recommendation for appointment based on the results of the trust voting at the full staff meeting; summary of curriculum vitae, educational and work history; comments and evaluations of strengths and weaknesses, strong and weak points, and prospects for development; proposed job assignment; the recommended candidate presenting their program or action plan if appointed and answering related questions (if applicable); organization of opinions and evaluations on the candidate proposed for appointment and trust voting (the collective key cadres may recommend additional candidates beyond those recommended by the collective leadership and the party committee).

3. A trust voting meeting can only be held when at least two-thirds of the total number of civil servants summoned to attend are present.

For meetings where the composition includes heads, if the head is absent, they may delegate one deputy to attend in their place.

4. Before the meeting begins, the chairperson designates one of the participants attending the meeting to serve as the secretary of the meeting.

5. The content and results of the meeting must be recorded in the minutes.

Article 9. Confidence Vote

1. The confidence vote shall be conducted through secret ballot.

2. When implementing the confidence vote, a Scrutineering Board must be established. The Scrutineering Board shall be proposed by the chairperson and must be approved by the meeting through voting.

3. The percentage of confidence votes shall be calculated based on the total number of civil servants participating in the vote.

Article 10. Model Documents for Uniform Application in Appointment Procedures

Attached to this Circular are model documents for uniform application in appointment procedures as set out in the Appendix attached hereto.

Section 2

APPOINTMENT OF LEADERSHIP AT THE DEPARTMENT LEVEL UNDER THE EXECUTIVE CIVIL SERVICE AGENCY

Article 11. Appointment from In-House Human Resources

1. Step 1: Determine the need, policy, and introduce candidates for appointment.

Based on the work requirements of the unit (or upon the proposal of the head of the unit for the case of appointing Deputy Department Heads) and the cadre planning, the Director of the Executive Civil Service Agency (hereinafter referred to as the Director) convenes a collective leadership meeting of the agency (Meeting 1) to unify policies and introduce candidates. During the process, the Director exchanges and solicits opinions in writing from the Party Committee of the agency regarding the proposed candidates.

Based on the results of Meeting 1, the agency prepares a Report requesting approval of the appointment policy according to Form No. 01/BNCB to be submitted to the Cadre and Civil Servant Organization Department of the Ministry of Justice for reporting to the Party Cadre Affairs Board of the Ministry of Justice (for candidates proposed for Department Head positions); or report to the Minister of Justice (for candidates proposed for Deputy Department Head positions) about the needs and introduction of candidates.

2. Step 2: Organize a full meeting of civil servants in the department:

After obtaining approval from the competent authority, the Director directs the organization of a full meeting of civil servants in the department (Meeting 2):

a) Chairing the meeting: A representative of the leadership of the agency.

b) Participants: All civil servants in the department.

In cases where the approved candidate is not from in-house resources but works in other units under the agency, Step 2 does not need to be implemented.

3. Step 3: Organize a meeting of key cadres of the agency (Meeting 3):

a) Chairing the meeting: The Director;

b) Participants: Leadership of the agency, leadership of departments under the agency, Party Committee of the agency, representatives of political and social organizations under the agency;

4. Step 4: The collective leadership of the agency reviews and concludes on any new issues (if any). The Director exchanges and solicits opinions in writing from the Party Committee of the agency regarding the proposed candidates.

5. Step 5: Based on the results of the implementation of the steps according to the procedure, the collective leadership of the agency discusses and votes on the candidates, submitting the dossier to the Cadre and Civil Servant Organization Department of the Ministry of Justice for consideration and decision by the Party Cadre Affairs Board and the Minister of Justice. The dossier for appointment includes:

a) A request for appointment according to Form No. 08/BNCB;

b) Minutes of meetings and ballots of Meeting 2 and Meeting 3;

c) Curriculum vitae according to the form issued with this Circular including a photograph (filled out at the time of submission for appointment); program or action plan of the proposed appointee;

d) Copies of educational certificates and training certificates;

đ) Declaration of assets according to the prescribed form;

e) Comments from the party committee where the civil servant resides regularly (for party members);

g) Written opinion of the Party Committee of the agency;

h) Evaluation of the civil servant according to the contents stipulated in Article 56 of the Civil Servants Law.

6. Step 6:

a) The Minister organizes the announcement of the decision to appoint Department Heads;

b) The Director organizes the announcement of the decision to appoint Deputy Department Heads.

Article 12. Appointment from other agencies

1. Step 1: Request approval and introduce personnel.

Based on the cadre sources introduced by the leadership of the General Department or units, the Director of the General Department organizes a collective meeting of the General Department's leadership to unify the policy, introduce personnel for transfer (or reception) for appointment. (Meeting 1).

On the basis of the results of Meeting 1, the Director of the General Department exchanges and solicits written opinions from the Party Committee of the General Department regarding the proposed personnel.

After receiving the opinion of the Party Committee of the General Department, the General Department sends the Personnel Organization Department of the Ministry of Justice to report to the Party Cadre and Civil Servant Council of the Ministry of Justice (for proposed personnel to be appointed as Department Heads); or reports to the Minister of Justice (for proposed personnel to be appointed as Deputy Department Heads) about the need and policy of introducing personnel.

2. Step 2: Implement the process of transfer (or reception) and appointment.

Based on the approval results of the Party Cadre and Civil Servant Council and the Minister of Justice, the General Department implements the following procedures:

a) Meet with the proposed appointee to exchange views on work requirements and appointment needs;

b) Work with the Head and Party Committee of the unit where the proposed appointment will take place;

c) Work with the Head and Party Committee of the unit where the civil servant currently works to exchange views on appointment needs, understand and evaluate the civil servant; verify the civil servant's background (if necessary); solicit written opinions.

3. Step 3: Submit for appointment (implement as stipulated in Clause 5, Article 11).

4. Step 4: Organize the announcement of the decision.

Article 13. Appointment of Department Heads when the unit changes its name

In case the unit changes its name, the General Department coordinates with the Personnel Organization Department of the Ministry of Justice to submit to the Minister of Justice for consideration and decision.

Article 14. Granting authority of department heads, assigning responsibility for units

Based on work requirements and the situation of civil servants in units, the General Department submits to the Minister of Justice for granting authority of department heads and assigning responsibility for units within the scope of management of civil servants and civil servant leaders.

Section 3

APPOINTMENT OF LEADERSHIP OF THE CIVIL EXECUTION AGENCY

Article 15. Appointment from local personnel sources

1. Step 1: Determine needs, policies, and introduce personnel for appointment

1.1. For the Director

a) Based on actual conditions and cadre planning sources, the Director of the General Department organizes a collective meeting of the General Department's leadership to unify needs, policies, and introduce personnel;

b) The Director of the General Department collaborates with the Department Head of the Personnel Organization Department of the Ministry of Justice to prepare a report requesting approval of the appointment policy according to Model 01/BNCB to report to the Party Cadre and Civil Servant Council of the Ministry of Justice on needs, policies, and proposed personnel plans. If necessary, the Director of the General Department exchanges and solicits written opinions from related units on proposed personnel before preparing the report.

Based on the approval results of the Party Cadre and Civil Servant Council of the Ministry of Justice, the Director of the General Department assists the Minister of Justice in exchanging and unifying with the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee on needs, policies, personnel plans, and the implementation of the appointment process.

1.2. For Deputy Directors

a) Based on the need to supplement leadership of the Department, based on cadre planning sources, the Director of the Civil Execution Agency (hereinafter referred to as the Director) organizes a collective meeting of the Department's leadership to unify needs, policies, and proposed job assignments for civil servants to be appointed, while coordinating with the provincial authority responsible for cadre management to organize a meeting to solicit opinions on the Deputy Director candidate.

The subjects soliciting opinions include key cadres of the Civil Execution Agency, heads of subordinate Civil Execution Branches (hereinafter collectively referred to as Branch Heads). (Meeting 1).

b) The Civil Execution Agency reports and seeks opinions on policies and proposed personnel.

The application for opinion (sent to the General Department) includes: Report requesting approval of the appointment policy according to Model 01/BNCB; Minutes of Meeting 1; Minutes of the opinion solicitation meeting on the Deputy Director candidate; Curriculum vitae according to the model issued together with this Circular with photo.

Based on the proposal of the Civil Execution Agency, the Director of the General Department organizes a collective meeting of the General Department's leadership to unify policies and personnel plans and coordinates with the Department Head of the Personnel Organization Department of the Ministry of Justice to submit to the Minister for consideration and approval;

c) Based on the approval results of the Minister announced by the Director of the General Department, the Director coordinates with the provincial authority responsible for cadre management to implement the next procedure.

2. Step 2: Organize a full staff meeting (Meeting 2)

2.1. Chair of the meeting: Director of the General Department (for appointment of the Director), Director (for appointment of the Deputy Director).

2.2. Participants: Department leadership; heads of subordinate branches; all civil servants under the Civil Execution Agency.

2.3. Collaborating participants: invite the leadership of the provincial authority responsible for cadre management to attend the meeting.

3. Step 3: Organize a meeting of key cadres of the Department (Meeting 3)

3.1. Chair of the meeting: Director of the General Department (for appointment of the Director), Director (for appointment of the Deputy Director).

3.2. Participants: Department leadership; leadership of departments, party committees, representatives of political-social organizations under the Civil Execution Agency.

4. Step 4: Submit to the competent authority for consideration and decision

4.1. For the Director:

a) The Director of the General Department reports to the Party Cadre and Civil Servant Council and the Minister of Justice for consideration and conclusion on new issues (if any);

b) The Director of the General Department submits to the Minister or Deputy Minister in charge of civil execution for signing a letter to exchange and solicit written opinions from the Provincial Party Committee Standing Committee, Municipal Party Committee Standing Committee on personnel before submitting to the Party Cadre and Civil Servant Council and the Minister of Justice for decision.

4.2. For the Deputy Director:

a) The collective leadership of the Department considers and concludes on new issues (if any);

b) The Director submits to the Chairman of the People's Committee at the provincial level for written opinions on personnel before reporting to the General Department for submission to the Minister of Justice for decision.

4.3. The General Department submits to the Minister of Justice for decision on the appointment of the Director and Deputy Director.

Documents for submission for appointment include:

a) Report proposing appointment of the Civil Execution General Department according to Model 08/BNCB; Report proposing appointment of the Civil Execution Department of the province in the case of proposing appointment of the Deputy Director;

b) A curriculum vitae according to the model issued together with this Circular, including a photograph (the declaration at the time of submitting for appointment); proposal or action plan of the person proposed for appointment;

c) Declaration of assets and income according to the prescribed form;

d) Copies of certificates and diplomas;

đ) Minutes of the meeting and Minutes of the trust vote of civil servants at Meeting 2, Meeting 3;

e) Written opinions of the Provincial Party Committee Standing Committee, Municipal Party Committee regarding the proposed personnel for the position of Director; of the Chairman of the People's Committee of the province regarding the proposed personnel for the position of Deputy Director;

g) Health certificate issued by a general hospital at district, city district, town, provincial city level or higher (valid within six months);

h) Evaluation of civil servants according to the contents stipulated in Article 56 of the Civil Servant Law;

i) Remarks of the party committee where the civil servant resides regularly.

5. Step 5: Organizing the announcement of the decision

5.1. The General Director organizes the announcement of the decision appointing the Director;

5.2. The Director organizes the announcement of the decision appointing the Deputy Director.

Article 16. Appointment from other sources

1. Step 1: Proposing personnel options

a) For the Director:

Based on the cadre source introduced by the locality or relevant agency, the General Director organizes a meeting of the leadership team of the General Department to unify the policy and personnel option.

On the basis of the results of the meeting, the General Director coordinates with the Director of the Cadre and Civil Service Department of the Ministry of Justice to report to the Party Cadre and Civil Service Board of the Ministry of Justice on the needs, policies, and proposed personnel options;

b) For the Deputy Director: Based on the cadre source proposed by the Director or relevant agency, the General Director organizes a meeting of the leadership team of the General Department to unify the policy and personnel option.

On the basis of the results of the meeting, the General Director coordinates with the Director of the Cadre and Civil Service Department of the Ministry of Justice to report to the Minister of Justice on the needs, policies, and proposed personnel options.

2. Step 2: Implementing the transfer (or acceptance) procedure, appointment process similar to the provisions of Clause 2 and 3 of Article 12 of this Circular.

The appointment dossier is implemented similarly to the case of appointing the Director and Deputy Director from internal personnel.

3. Step 3: Organize the announcement of the decision.

4. In cases where the personnel appointed as Director or Deputy Director are currently civil servants of the civil execution office at the county level, the steps specified in this Article shall not be applied but the process similar to that for internal personnel as stipulated in Article 15 of this Circular shall be applied.

Article 17. Appointment of leadership of the Bureau renamed

In cases where the unit changes its name, the General Director reports to the Minister of Justice to decide on the appointment in accordance with the new name.

Article 18. Granting the right to act as Director, acting Director

Based on the work requirements of the units, the General Director coordinates with the Director of the Cadre and Civil Service Department of the Ministry of Justice to report to the Minister of Justice to grant the right to act as Director or to act as Director of Civil Execution.

Section 4

APPOINTMENT OF LEADERSHIP OF DEPARTMENT UNDER THE BUREAU

Article 19. Appointment from internal personnel

1. Step 1. Determine needs, policies, and introduce personnel for appointment

Based on the work needs of the unit (or the proposal of the head of the unit in the case of supplementing the Deputy Head of Department and equivalent positions) and cadre planning, the Director organizes a meeting of the leadership team of the Bureau (Meeting 1) to unify the policy and personnel option. During the implementation, the Director exchanges and solicits written opinions of the Party Committee of the Civil Execution Bureau.

2. Step 2: Organize a meeting of all civil servants of the Department (Meeting 2)

2.1. Chairing the meeting: The Director.

2.2. Participants: All civil servants of the Department.

In cases where the approved personnel are not from internal sources but work in other units under the Civil Execution Bureau, it is not necessary to implement the process at Step 2.

3. Step 3: Organize a meeting of key cadres of the Department (Meeting 3)

3.1. Chairing the meeting: The Director.

3.2. Participants: Department leadership; leadership of departments, party committees, representatives of political-social organizations under the Civil Execution Agency.

4. Step 4: The leadership team of the Bureau examines and concludes on any new issues (if any). The Director exchanges and solicits written opinions of the Party Committee of the Civil Execution Bureau.

5. Step 5. The leadership team of the Bureau discusses and votes on the personnel. The Director submits to the General Director for appointment of Heads of Departments and equivalent positions; decides on the appointment of Deputy Heads of Departments and equivalent positions.

Documents for submission for appointment include:

a) The proposal for appointment submitted by the Director in the case of proposing appointment of Heads of Departments and equivalent positions; by the Head of the Cadre and Civil Service Department or the Director of the Office (in the case where the Bureau does not have a Cadre and Civil Service Department) in the case of proposing appointment of Deputy Heads of Departments and equivalent positions according to Form No. 08/BNCB;

b) A curriculum vitae according to the model issued together with this Circular, including a photograph (the declaration at the time of submitting for appointment); proposal or action plan of the person proposed for appointment;

c) Declaration of assets and income according to the prescribed form;

d) Copies of certificates and diplomas;

đ) Minutes of the meeting and Minutes of the trust vote of civil servants at Meeting 2, Meeting 3;

e) Health certificate issued by a general hospital at district, city district, town, provincial city level or higher (valid within six months);

g) Evaluation of civil servants according to the contents stipulated in Article 56 of the Civil Servant Law;

h) Remarks of the party committee where the civil servant resides regularly (for party members).

6. Step 6The Director organizes the announcement of the decision appointing.

Article 20. Appointment from other agencies

1. Step 1: Proposal for personnel policy and plan

Based on the need to supplement leading civil servants and the recommendations of units, the Personnel Department or the Office of the Bureau (in cases where the Bureau has not yet established a Personnel Department) shall report to the Bureau leadership. The Director of the Bureau shall convene a meeting of the Bureau's leadership team to unify the personnel transfer (or reception) and appointment.

2. Step 2Implementation of the process of transfer or reception and appointment

2.1. After reaching consensus with the Bureau leadership, the unit responsible for organizational and personnel work shall implement the following tasks:

a) Discuss with the head of the unit (where the civil servant or officer is currently working) about the appointment requirements, understand and evaluate the officer, verify the background of the civil servant, officer (if applicable);

b) Discuss with the collective leadership of the unit requiring the appointment.

2.2. Based on the opinions of the units, the Director shall proceed with subsequent procedures for reception and appointment as prescribed.

Step 3. Organize the announcement of the decision.

Article 21. Assignment of Head of Department, Acting Head of Department, and Equivalent Positions

Based on the operational needs of the unit, the Director shall submit to the General Bureau Director for a decision to assign acting head level positions or to act as Head of Department and equivalent positions.

Section 5

APPOINTMENT OF LEADERSHIP OF THE EXECUTIVE CIVIL JUDGMENT BRANCH

Article 22. Appointment from existing personnel

1. Step 1. Determine needs, policies, and introduce personnel for appointment

Based on the operational requirements of the unit (or the proposal of the Executive Civil Judgment Branch Director for the case of supplementing the Deputy Director of the Executive Civil Judgment Branch) and based on the planned cadre resources, the Director shall organize a meeting of the Bureau's leadership team to unify the policy of recommending personnel (Meeting 1).

Based on the results of Meeting 1, the Director shall coordinate with the County Party Committee Standing Committee (for the appointment of the Executive Civil Judgment Branch Director); with the Chairman of the County People's Committee (for the appointment of the Deputy Executive Civil Judgment Branch Director) to unify the policy and personnel plan.

2. Step 2Organize a full staff meeting of the Executive Civil Judgment Branch (Meeting 2)

Based on the implementation results at Step 1, the Director shall coordinate with the competent authority managing cadres at the county level to organize a meeting to solicit opinions from the staff of the Executive Civil Judgment Branch:

2.1. Chair the meeting: Director;

2.2. Participants: All staff of the Executive Civil Judgment Branch;

2.3. Coordinating participants: Invite the leadership of the competent authority managing cadres at the county level to attend the meeting.

3. Step 3: Organize a key cadre meeting of the Executive Civil Judgment Branch (Meeting 3)

3.1. Chair the meeting: Director;

3.2. Participants: Leadership of the Executive Civil Judgment Branch; the Party Committee and representatives of political-social organizations within the Executive Civil Judgment Branch;

4. Step 4The Bureau leadership team reviews and concludes on any new issues arising (if any). The Director discusses and solicits written opinions from the County Party Committee Standing Committee (for the Executive Civil Judgment Branch Director), the Chairman of the County People's Committee (for the Deputy Executive Civil Judgment Branch Director).

5. Step 5. Based on the written opinions of the authorized body specified in Step 4, the Director shall submit to the General Bureau Director for the appointment of the Executive Civil Judgment Branch Director; decide on the appointment of the Deputy Executive Civil Judgment Branch Director.

Documents for submission for appointment include:

a) A proposal for the appointment of the Director in the case of proposing the appointment of the Executive Civil Judgment Branch Director; of the Executive Civil Judgment Branch Director in the case of proposing the appointment of the Deputy Executive Civil Judgment Branch Director according to Form No. 08/BNCB;

b) A curriculum vitae according to the model issued together with this Circular, including a photograph (the declaration at the time of submitting for appointment); proposal or action plan of the person proposed for appointment;

c) Declaration of assets and income according to the prescribed form;

d) Copies of certificates and diplomas;

đ) Minutes of the meeting and Minutes of the trust vote of civil servants at Meeting 2, Meeting 3;

e) Written opinions of the County Party Committee Standing Committee regarding the proposed appointees for the Executive Civil Judgment Branch Director; of the Chairman of the County People's Committee regarding the proposed appointees for the Deputy Executive Civil Judgment Branch Director;

g) Health certificate issued by a general hospital at district, city district, town, provincial city level or higher (valid within six months);

An evaluation of the civil servant according to the contents stipulated in Article 56 of the Civil Servant Law;

i) Comments from the Party organization where the civil servant resides regularly (for party members).

Step 6. The Director announces the appointment decision for the Executive Civil Judgment Branch Director; the Executive Civil Judgment Branch Director announces the appointment decision for the Deputy Executive Civil Judgment Branch Director.

Article 23. Appointment from other agencies

1. Step 1: Nomination of personnel plan

Based on the need to supplement leading civil servants and the cadre source, the Director organizes a meeting of the leadership team of the Bureau to unify the proposed personnel transfer (or reception) and appointment.

2. Step 2The process of transferring or receiving and appointing shall be carried out similarly to the process for receiving and appointing the Director and Deputy Director of the Bureau.

Step 3. Announcement of the decision

Implemented according to the regulations for announcing decisions for local personnel sources.

Article 24. Appointment of leaders in the case of a change in unit name

In cases where they are currently leaders of Civil Enforcement Units but due to a change in the unit's name, they must be appointed under the new name.

Based on the document of the competent state agency, the Director prepares the dossier and related documents to submit to the General Bureau Director for the appointment of the Unit Director and the decision on the appointment of the Deputy Unit Director.

Article 25. Granting the authority of the Unit Director, assigning responsibility for the Unit

Based on the needs of the Civil Enforcement Unit, the Director submits to the General Bureau Director for the decision to grant the authority of the Unit Director or assign responsibility for the Unit.

Chapter III

REAPPOINTMENT

Section 1

SOME PROVISIONS ON REAPPOINTMENT

Article 26. Conditions for reappointment

1. Completion of tasks during the period of holding a leadership position.

2. Meeting the leadership position standards prescribed at the time of reappointment consideration, capable of fulfilling work requirements in the subsequent period.

3. Need of the agency or unit.

4. Being in good health to fulfill assigned duties and responsibilities.

5. Ensuring other conditions as stipulated by the Party and State regarding cadre work.

Article 27. Timeframe for implementing reappointment procedures

At the latest three months before the end date of the leadership position term as prescribed, the competent authority for reappointment according to the分级管理的公务员领导职务权限必须在规定期限内完成相关程序和手续。重新任命领导职务的决定必须在任期结束前至少提前一个工作日作出。因客观原因未能完成，则有权决定的机关必须通报延长任务执行的情况。

Article 28. Some specific provisions on the term of office and extension of the term of office

1. Civil servants holding leadership positions who have worked for two to less than five years until retirement age, if reappointed, will hold the position until retirement age as prescribed.

2. Civil servants holding leadership positions who have worked for less than two years until retirement age, after review, if still meet the conditions and standards as prescribed, the reappointment procedure will not be conducted, but the decision to extend the term of holding the leadership position until retirement age will be made.

Section 2

PROCEDURE AND PROCEDURES FOR REAPPOINTMENT

Article 29. Procedure and procedures for reappointment

1. Step 1:

1.1. Organize a full meeting of civil servants to assess, evaluate, and take confidence votes on civil servants for reappointment.

Based on the self-assessment and evaluation report during the term of office of the civil servant, the competent authority implements the appointment procedures for leadership positions prescribed in Chapter II of this Circular, in coordination with relevant organizational cadre agencies as prescribed, organizing a full meeting of civil servants to collect opinions and take confidence votes on civil servants proposed for reappointment.

1.2. Participants in the meeting: Implemented as prescribed in Step 2 of the appointment procedure for each corresponding leadership position from local personnel sources prescribed in Chapter II of this Circular.

1.3. Content of the meeting:

a) The chairperson declares the purpose and introduces representatives;

b) The individual proposed for reappointment reads their self-assessment and evaluation of their work during the leadership term;

c) Participants in the meeting provide comments;

d) Conduct a confidence vote;

1.4. Provisions on organizing a full meeting of civil servants are implemented as prescribed in Articles 8 and 9 of this Circular.

2. Step 2: Organize a key civil servant meeting to assess, evaluate, and take confidence votes on civil servants proposed for reappointment (the composition of participants for each leadership position follows Step 3 of the appointment procedure for local personnel sources prescribed in Chapter II of this Circular). The content of the meeting is as follows:

2.1. The head of the unit provides assessment, evaluation, and proposes reappointment or non-reappointment;

2.2. Participants in the meeting provide assessment, evaluation, and comments on the proposal for reappointment of leadership civil servants.

2.3. Conduct a secret ballot confidence vote;

3. Step 3: Implement the exchange and solicitation of opinions in writing by the competent authority on cadre work, following the provisions on appointment for each leadership position prescribed in Chapter II of this Circular.

4. Step 4: Submit to the competent authority for a decision on reappointment. The reappointment dossier is implemented as prescribed in Chapter II of this Circular.

5. Step 5: Announce the decision on reappointment.

Chapter IV

RESIGNATION, REMOVAL, DISMISSAL, DEMOTION

Article 30. Resignation

1. During the term of office, if a leading civil servant finds that they do not meet the conditions to fulfill their tasks or have a desire to resign for other reasons specified in Clause 1, Article 42 of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, employment, and management of civil servants, they shall submit a resignation letter to the direct leadership agency for consideration and decision.

2. Within one month from the date of receipt of the resignation letter, the direct managing agency of the leading civil servant must consider and decide or report to the competent authority for decision.

3. When the resignation has not been approved by the competent authority, the leading civil servant must continue to perform the assigned tasks and responsibilities.

4. After resignation, a leading civil servant will be arranged with other work by the managing agency.

Article 31. Removal from Office

In cases where there is a need for work or when a leading civil servant's health is not guaranteed, or they fail to complete their tasks, or violate Party discipline and state laws but not to the extent of being disciplined with dismissal from office, or other cases specified in Clause 2, Article 42 of Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, employment, and management of civil servants, the competent authority may consider removal from office and arrange other work without waiting until the end of the appointment period.

Article 32. Documents for Requesting Removal from Office

1. Curriculum vitae of the civil servant, comments and evaluations by the leadership collective of the agency (specifying the reasons for requesting removal from office and the self-evaluation and review of the civil servant).

2. Report of the Head of the Direct Superior Agency (for cases where the leading civil servant requesting removal from office is the head level), Report of the Head of the Unit (for cases where the leading civil servant is the deputy level), related documents and materials concerning the health of the civil servant, documents and materials determining that the leading civil servant fails to complete their tasks, or disciplinary violation files of the leading civil servant.

Within one month from the date of receiving the documents, the competent authority must consider and decide on removing the leading position of the civil servant.

Article 33. Demotion, Dismissal from Office

1. Leading civil servants of civil execution agencies who commit violations as defined in Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government on disciplinary measures against civil servants will be demoted or dismissed from office depending on specific circumstances.

2. The person authorized to appoint a leading position of a civil execution agency according to the分级管理权限的司法部部长的规定，则同时有权对该领导职位进行纪律处分，包括降职或免职。

3. The documents for requesting disciplinary demotion or dismissal from office of leading civil servants of civil execution agencies shall be implemented in accordance with the provisions of Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government and related documents.

Chapter V

RESPONSIBILITY FOR IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 34. Responsibilities of the Director of the Civil Execution General Bureau

1. Shall be fully responsible to the Minister of Justice for the implementation of the work of appointment, reappointment, and other contents stipulated in this Circular.

2. Assist the Minister of Justice in guiding, inspecting, handling, or recommending timely handling of any violations regarding appointment, reappointment, resignation, removal from office, dismissal from office, and demotion of leading civil servants decided by the Director of the Civil Execution Bureau.

3. Take the lead and coordinate with the Director of the Cadre and Civil Servant Affairs Department of the Ministry of Justice:

a) Provide advice, prepare documents, complete procedures to submit to the Party Cadre and Civil Servant Affairs Committee, the Minister for consideration and decision on appointment, reappointment, and other issues concerning leading civil servants within the Minister's decision-making authority as stipulated in this Circular, regulations on cadre management levels of the Ministry of Justice, and regulations on cadre management by the Party and State;

b) Summarize, conclude, and submit to the Minister of Justice for consideration and amendment of the provisions of this Circular to comply with the regulations of the Party and State and the requirements for civil servant management in the industry.

Article 35. Responsibilities of the Head of the Personnel Organization Department of the Ministry of Justice

1. Assist the Minister in inspecting the implementation of the regulations of the Party and the State on appointment, reappointment, and other contents stipulated in this Circular for leadership positions under the management authority of the Party Cadre and Civil Servant Board, the Minister, and the Director of the Civil Execution General Department; report and propose to the Minister to decide on handling violations related to appointment, reappointment, resignation, removal from office, dismissal, demotion of leaders decided by the Director of the Civil Execution General Department.

2. Coordinate with the Director of the Civil Execution General Department to implement the contents prescribed in Clause 3 of Article 34 of this Circular.

3. Prepare files and procedures, advise and submit to the Party Cadre and Civil Servant Board and the Minister of Justice for approval and decision regarding leadership at the department level under the Civil Execution General Department as stipulated in Chapters II, III, and IV of this Circular.

4. Provide written comments to the Director of the Civil Execution General Department on personnel matters concerning the Directors and Deputy Directors of Civil Execution Departments as stipulated in Chapters II, III, and IV of this Circular.

Article 36. Responsibilities of the Director of the Civil Execution Department

1. Bear full responsibility before the Minister of Justice, the Director of the Civil Execution General Department, and the law for the implementation of work related to appointment, reappointment, resignation, removal from office, and other contents within their authority as prescribed in this Circular and regulations on the hierarchical management of civil servants and civil servant leaders.

2. Prepare files, procedures, and related documents for cases within the decision-making authority of the Minister and the Director of the Civil Execution General Department as prescribed in this Circular.

3. Propose amendments and supplements to the provisions of this Circular to be consistent with the regulations of the Party and the State and the requirements for managing cadres in the sector.

Article 37. Effective Date

This Circular takes effect from October 15, 2012.

Heads of units under the Ministry of Justice and heads of local civil execution agencies within the scope of their assigned tasks and powers shall be responsible for organizing and implementing the provisions of this Circular./.