Circular No. 09/2015/TT-BTP stipulates the分级管理司法执行总署和各级司法执行机关的公务员、职员和劳动者的事项。本通函适用于总署长、局长、分局局长及其下属单位,明确各对象在管理公务员、职员和劳动者方面的具体权限。
Đối tượng áp dụng
The Director of the Judicial Execution General Department, the Directors of the Provincial and Central City Judicial Execution Departments, and the District Judicial Execution Department Directors.
Các điểm cốt lõi
- The Director of the Judicial Execution General Department manages comprehensively the corps of civil servants, staff, and workers under the provisions of the law and decides on matters such as strategy, planning, and proposals to strengthen the corps.
- The Directors of the Provincial and Central City Judicial Execution Departments manage the civil servants and workers under their jurisdiction according to the law and are authorized to decide on matters such as recruitment, evaluation, rewards, and disciplinary actions.
- The Directors of the District Judicial Execution Departments are responsible for managing the civil servants and workers under their departments according to the law and implement work assignments, evaluations, and leave approvals.
- The Minister of Justice manages comprehensively the corps of civil servants, staff, and workers under the Judicial Execution General Department and judicial execution agencies according to the Party and State regulations on cadre and civil servant management.
- The Director of the Judicial Execution General Department is accountable to the Minister of Justice and the law for the implementation of tasks and powers delegated.
🌐 Tác động xã hội từ văn bản này
- This circular strengthens the strict management of the corps of civil servants, staff, and workers under the Judicial Execution General Department and judicial execution agencies.
- It enhances the responsibility of superiors in implementing delegated matters, thereby improving management efficiency.
- Regulations on rewards and punishments ensure discipline in management and motivate the corps of civil servants, staff, and workers.
❓ Câu hỏi thường gặp
What powers does the Director of the Judicial Execution General Department have?
The Director of the Judicial Execution General Department manages comprehensively the corps of civil servants, staff, and workers according to the law and decides on matters such as strategy, planning, and proposals to strengthen the corps (Article 1).
What authority does the Director of the Judicial Execution Department have regarding the recruitment of civil servants?
The Director of the Judicial Execution Department is authorized to decide on matters such as the recruitment of civil servants for the Judicial Execution Department and subordinate District Judicial Execution Departments (Article 5).
What authority does the Director of the District Judicial Execution Department have in managing civil servants?
The Director of the District Judicial Execution Department is responsible for managing civil servants and workers under their department according to the law and implements work assignments, evaluations, and leave approvals (Article 6).
What authority does the Minister of Justice have in managing civil servants and staff?
The Minister of Justice manages comprehensively the corps of civil servants, staff, and workers under the Judicial Execution General Department and judicial execution agencies according to the Party and State regulations on cadre and civil servant management (Article 3).
What responsibilities does the Director of the Judicial Execution General Department have in exercising delegated powers?
The Director of the Judicial Execution General Department is accountable to the Minister of Justice and the law for the implementation of tasks and powers delegated (Article 7).
Toàn văn
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MINISTRY OF JUSTICE __________ Number: 09/2015/TT-BTP |
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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Hanoi, June 26, 2015
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CIRCULAR
Regulations on the分级管理公务员、职员和劳动者
属于民事执行总局及其民事执行机关
_____________________
Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;
Pursuant to the Civil Servant Law dated November 15, 2010;
Pursuant to the Civil Enforcement Law on November 14, 2008;
Based on the Law Amending and Supplementing Certain Provisions of the Civil Enforcement Law dated November 25, 2014;
根据2010年3月8日第21/2010/NĐ-CP号政府法令关于公务员编制管理;
根据2010年3月15日第24/2010/NĐ-CP号政府法令关于招聘、使用和管理公务员的规定及2010年8月31日第93/2010/NĐ-CP号政府法令对2010年3月15日第24/2010/NĐ-CP号政府法令关于招聘、使用和管理公务员的部分条款进行修改;
Pursuant to Decree No. 29/2012/NĐ-CP dated April 12, 2012 of the Government on recruitment, use, and management of civil servants;
Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;
根据2013年4月22日第36/2013/NĐ-CP号政府法令关于职位设置和公务员结构;
根据2015年6月9日第56/2015/NĐ-CP号政府法令关于干部、公务员和职员的评价与分类;
根据2014年10月30日第61/2014/QĐ-TTg号政府总理决定关于民事执行总局职能、任务、权限和组织结构,该局隶属于司法部;
遵照民事执行总局局长和司法部人事干部司司长的建议;
司法部部长发布本通函,规定民事执行总局及其民事执行机关的公务员、职员和劳动者的分级管理。
PART I
GENERAL PROVISIONS
Article 1. Content of management of civil servants, officials, and employees under the Civil Enforcement General Department and civil enforcement agencies
1. Developing strategies, planning, and proposals to improve the quality of the civil servant, official, and employee workforce.
2. Managing job positions, structure, and staffing levels for civil servants, number of officials, and employees according to legal provisions.
3. Managing standards for civil servants, officials, and employees within the scope of management.
4. Recruiting, accepting, and using civil servants, officials, and employees within the scope of authority.
5. Evaluating, training, and providing further education for civil servants, officials, and employees.
6. Transferring, rotating, assigning temporarily, transferring jobs, reappointing, appointing again, removing from office, and requesting resignation.
7. Appointing grades, implementing salary systems, allowances, and other incentive policies for civil servants, officials, and employees within the scope of authority.
8. Rewarding, disciplining, or recommending competent authorities to reward or discipline civil servants, officials, and employees according to legal provisions.
9. Terminating employment, granting retirement benefits, leave, unpaid leave, sending civil servants, officials, and employees on business trips, and allowing travel abroad for personal reasons.
10. Managing personnel files of civil servants, officials, and employees.
11. Inspecting and supervising compliance with legal provisions regarding civil servants, officials, and employees.
12. Implementing statistical and reporting systems on compliance with legal provisions regarding civil servants, officials, and employees.
13. Resolving complaints and reports according to分级管理和法律规定
14. Other management contents for civil servants, officials, and employees as prescribed by law.
Article 2. Principles for分级管理公务员、职员和劳动者(民事执行总局及其民事执行机关的)
1. Ensure the principle of democratic centralism, the unified leadership of the Party, the Party Cadre Affairs Committee of the Ministry of Justice, and the unified management of the Minister of Justice over the corps of civil servants, officials, and workers under the Civil Enforcement General Bureau and civil enforcement agencies.
2. Ensure transparency and effectively implement anti-corruption measures in the management of civil servants, officials, and workers in accordance with the regulations of the Party and the State. Strengthen cooperation with Provincial Party Committees, Municipal Party Committees, and People's Committees at provincial and municipal levels directly under the Central Government; County Party Committees, District Party Committees, City Party Committees, County People's Committees, and District People's Committees, City People's Committees, and County People's Committees within provinces and municipalities directly under the Central Government in planning, training, development, rotation, placement, transfer, appointment, commendation, punishment, and implementation of other policies concerning the heads and deputy heads of provincial and county-level civil enforcement agencies.
3. The Director of the Civil Enforcement General Bureau, the Director of the Civil Enforcement Bureau, and the Director of the Civil Enforcement Branch shall be fully responsible to the Minister of Justice, to the head of the immediate superior unit, and to the law regarding the implementation of the contents assigned by classification.
4. Classification management is linked to the responsibility system, while strengthening supervision and inspection by higher levels on the responsibilities of the Director of the Civil Enforcement General Bureau, the Director of the Civil Enforcement Bureau, and the Director of the Civil Enforcement Branch in implementing the contents assigned by this Circular. In necessary cases, the Minister of Justice may decide to reclaim the assigned contents or request a temporary suspension of the exercise of authority assigned to the Director of the Civil Enforcement General Bureau, the Director of the Civil Enforcement Bureau, and the Director of the Civil Enforcement Branch as stipulated in this Circular.
Chapter II
CLASSIFICATION MANAGEMENT OF CIVIL SERVANTS, OFFICIALS, AND WORKERS UNDER THE CIVIL ENFORCEMENT GENERAL BUREAU AND CIVIL ENFORCEMENT AGENCIES
Article 3. Authority of the Minister of Justice
The Minister of Justice manages comprehensively the corps of civil servants, officials, and workers under the Civil Enforcement General Bureau and civil enforcement agencies according to the Party and State regulations on cadre and civil servant management; decides on the following matters:
1. Decides on strategies, planning, and proposals to improve the corps of civil servants, officials, and workers under the Civil Enforcement General Bureau and civil enforcement agencies.
2. Decides on job positions and the structure of civil service grades and official ranks under the Civil Enforcement General Bureau and civil enforcement agencies.
3. Leads and coordinates with the Minister of Home Affairs and relevant ministries and sectors:
a) Establishes professional standards for civil service grades and occupational titles of officials under the Civil Enforcement General Bureau and civil enforcement agencies;
b) Establishes systems and policies for civil servants, officials, and workers under the Civil Enforcement General Bureau and civil enforcement agencies to be submitted to the Government;
4. Assigns administrative civil service quotas to the Civil Enforcement General Bureau and total administrative civil service quotas for provincial Civil Enforcement Bureaus and Civil Enforcement Branches; assigns the number of staff for units under the Civil Enforcement General Bureau.
5. Decides on the examination and recruitment content for civil servants under the Civil Enforcement General Bureau and civil enforcement agencies in accordance with the law; approves the recruitment plan and results for civil servants under the Civil Enforcement General Bureau and civil enforcement agencies conducted by the Civil Enforcement General Bureau.
6. Decides on the management contents of civil servants, officials, and workers as stipulated in Article 1 of this Circular for the following leadership and professional civil servant positions:
a) Director, Deputy Director, Department Heads, and equivalent positions under the Civil Enforcement General Bureau;
b) Directors of Civil Enforcement Bureaus in provinces and municipalities directly under the Central Government; Deputy Directors of Civil Enforcement Bureaus in Hanoi and Ho Chi Minh City;
c) Provides opinions on the planning of Deputy Department Head positions and equivalent positions under the Civil Enforcement General Bureau, Deputy Directors of Civil Enforcement Bureaus in provinces and municipalities directly under the Central Government (excluding Deputy Directors of Civil Enforcement Bureaus in Hanoi and Ho Chi Minh City) before the Director of the Civil Enforcement General Bureau decides to approve the planning;
d) Professional officials holding senior enforcement officer grades and equivalent positions under the Civil Enforcement General Bureau and civil enforcement agencies.
7. Establishes the examination committee for junior enforcement officers, confirms the examination results and list of successful candidates for the junior enforcement officer examination; cooperates with the Minister of Home Affairs to organize examinations for middle-level enforcement officers, promotion examinations for civil servants to the chief verification officer grade and equivalent, and promotion of officials to Grade II and equivalent under the Civil Enforcement General Bureau and civil enforcement agencies.
8. Appoints, dismisses, and removes from office senior, middle, and junior enforcement officers in civil enforcement agencies; appoints, reappoints, and dismisses the Chief Accountant of the Civil Enforcement General Bureau.
9. Transfers, rotates, and assigns civil servants and officials between the Civil Enforcement General Bureau and other units under the Ministry according to the classification management of civil servants and officials of the Ministry of Justice.
10. Decides on long-term and annual training and development plans for civil servants and officials under the Civil Enforcement General Bureau and civil enforcement agencies; manages the continuing education program for specialized knowledge and skills in civil enforcement.
11. Commends or proposes commendations to competent authorities for civil servants and officials under the Civil Enforcement General Bureau and civil enforcement agencies in accordance with the law and regulations of the Ministry of Justice.
12. Decision to inspect and examine the Director of the Civil Enforcement General Department and the Directors of Civil Enforcement Departments in provinces and centrally governed cities in the implementation of the contents delegated as stipulated in this Circular; handling complaints and reports; revoking decisions of the Director of the Civil Enforcement General Department regarding management of civil servants, public officials, and employees that are inconsistent with legal provisions or exceed the delegated authority.
13. Implementing the contents regarding the management of civil servants, public officials, and employees of the Civil Enforcement General Department and civil enforcement agencies not specified in this Circular according to the provisions of the law. The Minister of Justice may delegate or authorize the Deputy Minister responsible for civil enforcement work and the Head of the Cadre and Civil Servant Affairs Department of the Ministry of Justice to perform certain tasks and powers regarding the management of civil servants and public officials of the Civil Enforcement General Department and civil enforcement agencies as provided in this Article according to the Ministry of Justice's Working Regulations. The Deputy Minister responsible for civil enforcement work and the Head of the Cadre and Civil Servant Affairs Department who are delegated or authorized shall be responsible before the Minister of Justice and the law for the performance of the assigned tasks and powers.
Article 4. Authority of the Director of the Civil Enforcement General Department
The Director of the Civil Enforcement General Department manages civil servants, public officials, and employees of the Civil Enforcement General Department and civil enforcement agencies as prescribed in Decision No. 61/2014/QĐ-TTg dated October 30, 2014.
1. Assigning administrative cadre quotas for units under the Civil Enforcement General Department; total administrative cadre quotas for civil enforcement agencies in each province and centrally governed city and the quota of the Civil Enforcement Department.
2. In recruitment work
a) Recruiting civil servants and public officials of the Civil Enforcement General Department and civil enforcement agencies in accordance with the law and this Circular;
b) Appointing persons to guide probationary training and appointing positions for recruited civil servants working at the Civil Enforcement General Department in accordance with the law; the appointment of persons to guide probationary training and appointing professional titles for public officials of the Civil Enforcement General Department is carried out in accordance with the law and the delegation of the Ministry of Justice;
c) Delegating or authorizing the Directors of Civil Enforcement Departments in provinces and centrally governed cities to recruit local civil enforcement civil servants in accordance with job requirements and the capacity of the Civil Enforcement Department; approving plans and results of civil servant recruitment conducted by the Directors of Civil Enforcement Departments pursuant to the delegation or authorization of the Director of the Civil Enforcement General Department;
d) Signing labor contracts for certain types of jobs that can be signed according to the law and the approved structure and number working at the Civil Enforcement General Department.
3. Deciding on management contents of civil servants, public officials, and employees as stipulated in Article 1 of this Circular (excluding contents within the authority of the Minister and contents already delegated to the Director of the Civil Enforcement Department) for the following leadership civil servant positions and professional civil servants:
a) Deputy Heads of Departments and equivalent positions under the Civil Enforcement General Department;
b) Deputy Directors of Civil Enforcement Departments in provinces and centrally governed cities, except Deputy Directors of Civil Enforcement Departments in Hanoi City and Ho Chi Minh City;
c) Chiefs of Civil Enforcement Sub-departments in districts, towns, and cities under provinces and centrally governed cities;
d) Professional civil servants and employees from the position of Chief Verification Officer and equivalent positions under the Civil Enforcement General Department;
đ) For positions specified in point a and point b of this clause, the Director of the Civil Enforcement General Department approves the planning after the Minister has given comments; appoints personnel according to the planning position or an equivalent position to the appointed position already approved by the competent authority, in special cases must report to the Minister for approval on the policy before implementation.
4. Evaluating civil servants, public officials, and employees from Deputy Directors down under the Civil Enforcement General Department and Directors of Civil Enforcement Departments in provinces and centrally governed cities.
5. Deciding on the dispatch of civil servants, public officials, and employees from Heads of Departments and equivalent positions under the Civil Enforcement General Department, Directors, Deputy Directors of Civil Enforcement Departments, and civil servants of civil enforcement agencies for domestic and foreign training and development in accordance with regulations, excluding cases within the authority of the Director of the Civil Enforcement Department as stipulated in Clause 6, Article 5 of this Circular.
6. Assigning work, transferring, rotating, and seconding civil servants, public officials, and employees within the Civil Enforcement General Department, between the Civil Enforcement General Department and civil enforcement agencies, excluding leadership civil servants within the authority of the Minister to appoint; transferring, rotating, and seconding civil servants of Civil Enforcement Departments and Civil Enforcement Sub-departments among provinces and centrally governed cities, excluding leadership civil servants within the authority of the Minister to appoint.
7. Giving opinions on the proposed acceptance of civil servants holding the position of Specialist and equivalent positions or higher from outside the civil enforcement system to work at Civil Enforcement Departments and Civil Enforcement Sub-departments; giving opinions on the proposed transfer of work outside the civil enforcement system for primary enforcement officers, intermediate enforcement officers, Chief Verification Officers, and equivalent positions in Civil Enforcement Departments and Civil Enforcement Sub-departments.
8. Increase the regular pay grade, advance the pay grade before the scheduled time, grant seniority allowances exceeding the framework, and occupational seniority allowances for the Heads of Civil Enforcement Offices in provinces and centrally-administered cities; increase the regular pay grade and grant seniority allowances exceeding the framework and occupational seniority allowances for Department Heads and equivalent positions within the National Office of Civil Enforcement, senior enforcement examiners and equivalent positions within the National Office of Civil Enforcement and civil enforcement agencies; advance the pay grade before the scheduled time for Deputy Heads of Civil Enforcement Offices in Hanoi City and Ho Chi Minh City.
9. Appoint and transfer to the position of enforcement examiner, senior enforcement examiner, chief specialist, and equivalent positions within the National Office of Civil Enforcement and civil enforcement agencies, except for civil servants holding the mid-level enforcement officer rank; appoint and change the job title of category II staff within the National Office of Civil Enforcement; appoint, reappoint, and remove the Chief Accountant of Civil Enforcement Offices in provinces and centrally-administered cities.
10. Decide on the travel abroad for personal reasons of civil servants, staff, and workers under the National Office of Civil Enforcement and the Heads and Deputy Heads of Civil Enforcement Offices in provinces and centrally-administered cities according to the provisions of the law.
11. Reward or propose to competent authorities to reward civil servants, staff, and workers under the National Office of Civil Enforcement and civil enforcement agencies according to the provisions of the law and the Ministry of Justice.
12. Manage personnel files of civil servants, staff, and workers from the Deputy Director of the National Office of Civil Enforcement downwards under the National Office of Civil Enforcement, the Heads and Deputy Heads of Civil Enforcement Offices, and civil servants holding the senior enforcement officer rank and equivalent positions under Civil Enforcement Offices.
13. Organize statistics and report to the Minister and competent authorities on the situation of civil servants, staff, and workers under the National Office of Civil Enforcement and civil enforcement agencies.
14. Inspect the Heads of Civil Enforcement Offices and Branch Chiefs of Civil Enforcement Offices in implementing the contents delegated as stipulated in this Circular; if necessary, report to the Minister of Justice to temporarily suspend the implementation of delegated authority to handle according to regulations; revoke decisions of the Heads of Civil Enforcement Offices in provinces and centrally-administered cities regarding personnel management that contain content inconsistent with legal provisions or exceed delegated authority.
15. Implement personnel management contents for civil servants, staff, and workers under the National Office of Civil Enforcement and civil enforcement agencies not specified in this Circular according to the law and the Ministry of Justice. The Director of the National Office of Civil Enforcement may delegate or authorize the Deputy Director of the National Office of Civil Enforcement to perform certain tasks and powers regarding personnel management for civil servants, staff, and workers under the National Office of Civil Enforcement and civil enforcement agencies as stipulated in this Article according to the Working Regulations of the National Office of Civil Enforcement. The Deputy Director assigned or authorized shall be responsible to the Director of the National Office of Civil Enforcement and the law in performing the assigned tasks and powers.
Article 5. Authority of the Director of the Civil Enforcement Agency
The Director of the Civil Enforcement Agency of provinces and centrally governed cities shall manage civil servants and employees under local enforcement agencies in accordance with laws on civil servants and employees; they are authorized by the Minister to decide on the following matters:
1. Assigning administrative civil servant staffing quotas for departments and equivalent units within the Civil Enforcement Agency and subordinate Enforcement Branches.
2. In recruitment work
a) Hiring civil servants of the Civil Enforcement Agency and subordinate Enforcement Branches when delegated or authorized by the General Director of the General Department of Civil Enforcement in accordance with the law and this Circular;
b) Appointing persons to guide probationary training and appointing to civil service ranks for those hired in recruitment periods organized by the General Department of Civil Enforcement;
c) Signing labor contracts for certain types of work that can be contracted according to the law and the approved organizational structure and number of staff working at the Civil Enforcement Agency and subordinate Enforcement Branches.
3. Implement management contents of civil servants and employees as stipulated in Article 1 of this Circular (excluding matters within the authority of the Minister of Justice, the General Director of the General Department of Civil Enforcement, or already delegated to the Director of the Enforcement Branch) for the following leading and specialized civil servants:
a) Heads and Deputy Heads of Departments and equivalent positions within the Civil Enforcement Agency; Chief Accountants of subordinate Enforcement Branches;
b) Deputy Directors of subordinate Enforcement Branches;
c) Civil servants holding intermediate enforcement officer ranks, senior specialists and equivalent positions, and employees of the Civil Enforcement Agency and subordinate Enforcement Branches.
4. Assigning tasks among civil servants and employees within the Civil Enforcement Agency; transferring, rotating, and seconding civil servants of the Civil Enforcement Agency and subordinate Enforcement Branches within the local area.
5. Evaluating civil servants and employees from Deputy Directors of the Civil Enforcement Agency downwards within the Civil Enforcement Agency and Directors of subordinate Enforcement Branches.
6. Deciding to send civil servants from Heads of Departments and equivalent positions downwards within the Civil Enforcement Agency and civil servants within subordinate Enforcement Branches for domestic training and enhancement.
7. Increasing regular pay grades, granting seniority allowances exceeding the ceiling, and occupational seniority allowances for Deputy Directors of the Civil Enforcement Agency.
8. Increasing regular pay grades, increasing pay grades ahead of schedule, granting seniority allowances exceeding the ceiling, occupational seniority allowances, terminating employment, granting leave without pay, granting leave with retirement benefits, temporarily suspending work, temporarily suspending positions, disciplining (excluding demotion and removal from office) for Directors of subordinate Enforcement Branches.
9. Deciding to allow civil servants and employees from Heads of Departments and equivalent positions downwards within the Civil Enforcement Agency and civil servants within subordinate Enforcement Branches to travel abroad for personal reasons in accordance with the law.
10. Awarding or recommending awarding civil servants and employees of the Civil Enforcement Agency and subordinate Enforcement Branches in accordance with the law and the Ministry of Justice.
11. Managing personnel files of civil servants and employees from Heads of Departments and equivalent positions downwards within the Civil Enforcement Agency (excluding civil servants holding Senior Enforcement Officer ranks and equivalent positions within the Civil Enforcement Agency), civil servants and employees within subordinate Enforcement Branches.
12. Organizing statistics and reporting to the General Director of the General Department of Civil Enforcement and competent authorities on the situation of the civil servant and employee workforce of the Civil Enforcement Agency and subordinate Enforcement Branches.
13. Implementing management contents of civil servants and employees of the Civil Enforcement Agency and subordinate Enforcement Branches not specified in this Circular in accordance with the law and the Ministry of Justice.
Article 6. Authority of the Director of the Civil Enforcement Agency Branch
The Director of the Civil Enforcement Agency Branches at districts, towns, cities under provinces shall manage civil servants and workers under their Branches in accordance with the laws on civil servants and workers; they are authorized by the Minister to decide on the following matters:
1. Managing, assigning tasks, evaluating, granting leave, and other management contents as prescribed by law (excluding those within the authority of the Minister of Justice, the Director General of the Civil Enforcement Agency General Department, and the Director of the Civil Enforcement Agency Department) for:
a) Deputy Directors of Civil Enforcement Agency Branches;
b) Civil servants and workers under Civil Enforcement Agency Branches.
2. Proposing to the Director of the Civil Enforcement Agency Department regarding staffing, recruitment, acceptance, training, enhancement, planning, appointment, transfer, rotation, assignment, commendation, discipline, and implementing systems and policies for civil servants and workers of the Branches in accordance with the law and the delegation in this Circular.
3. Statistics and report to the Director of the Civil Enforcement Agency Department and competent authorities on the situation of managing the workforce of civil servants and workers under the Branches.
Chapter III
RESPONSIBILITY FOR IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT
Article 7. Responsibilities of the Director General of the Civil Enforcement Agency General Department
1. Assist the Minister of Justice in uniformly managing civil servants, officials, and workers under the Civil Enforcement Agency General Department and civil enforcement agencies; be responsible before the Minister of Justice and the law for the implementation of assigned tasks and powers. Assist the Minister of Justice in coordinating or coordinating with competent authorities at localities in the work of planning, training, enhancement, rotation, placement, appointment, commendation, discipline, and other policies for civil servants of civil enforcement agencies.
2. Lead and coordinate with the Head of the Cadre and Civil Servant Organization Department of the Ministry of Justice:
a) Develop staffing plans for the Civil Enforcement Agency General Department and civil enforcement agencies for submission to the Minister for consideration and reporting to the Ministry of Home Affairs as prescribed by law;
b) Advise and submit to the Minister for consideration and decision on management contents of civil servants and officials within the authority of the Minister of Justice, excluding management contents for the position of Director General of the Civil Enforcement Agency General Department;
c) Assist the Examination Board in organizing examinations for enforcement officers according to the law;
d) Develop long-term and annual training and enhancement plans for civil servants, officials, and workers under the Civil Enforcement Agency General Department and civil enforcement agencies;
đ) Develop and submit to the Minister for promulgation the Regulation on coordination between the Civil Enforcement Agency General Department and the Cadre and Civil Servant Organization Department in cadre and civil servant organization work under the Civil Enforcement Agency General Department and civil enforcement agencies.
3. Issue a unified cadre work procedure applicable throughout the Civil Enforcement Agency General Department and civil enforcement agencies.
4. When exercising delegated authority under this Circular, the Director General of the Civil Enforcement Agency General Department shall be responsible for:
a) Implementing procedures and formalities as prescribed by the Party and state laws, and regulations of the Minister of Justice on managing civil servants, officials, and workers;
b) Submitting reports to the Minister of Justice and the Deputy Minister of Justice responsible for cadre-related documents and decisions immediately after making decisions within delegated authority for management and oversight; submitting to the Head of the Cadre and Civil Servant Organization Department for oversight and archiving of civil servant files as prescribed;
c) Effectively implementing anti-corruption measures in managing civil servants, officials, and workers under the Civil Enforcement Agency General Department and civil enforcement agencies.
5. Organize the dissemination, implementation, training, instruction, and guidance on business practices and Party, state, and Ministry of Justice regulations on cadre and civil servant organization work for the Civil Enforcement Agency General Department and civil enforcement agencies.
6. Coordinate with the Civil Enforcement Bureau of the Ministry of National Defense in completing procedures for the Minister of Justice's review and appointment, dismissal, removal of enforcement officer ranks; appointment, promotion, and transfer of examination officer ranks in the military according to the law.
7. Inspect or coordinate with the Cadre and Civil Servant Organization Department of the Ministry of Justice and the Inspectorate of the Ministry of Justice to inspect and audit the Directors of Civil Enforcement Agency Departments of centrally-administered municipalities and Directors of Civil Enforcement Agency Branches of districts, towns, cities under provinces in the implementation of delegated management contents for civil servants, officials, and workers as prescribed in this Circular; effectively implement anti-corruption measures in managing civil servants, officials, and workers under the Civil Enforcement Agency General Department and civil enforcement agencies.
8. Report periodically every six months and annually to the Minister of Justice on the situation and results of implemented delegated authority, no later than July 31 for the six-month report and no later than January 31 of the following year for the annual report, and send to the Cadre and Civil Servant Organization Department of the Ministry of Justice for monitoring.
Article 8. Responsibilities of the Director of the Organization and Cadres Department of the Ministry of Justice
1. Assist the Minister of Justice to inspect the Directors of the Civil Enforcement General Department and the Civil Enforcement Departments of provinces and centrally-administered cities in their implementation of the Party's and State's regulations on cadre work and the provisions of this Circular; report and recommend the Minister to handle any violations according to the regulations; guide and train staff on cadre work for the Civil Enforcement General Department and civil enforcement agencies.
2. Take the lead and coordinate with the Civil Enforcement General Department to advise and submit to the Minister for decision-making on management matters concerning the position of the Director of the Civil Enforcement General Department; coordinate with the Director of the Civil Enforcement General Department to implement the contents stipulated in Clause 2, Article 7 of this Circular; assist the Minister of Justice in managing the personnel files of the Director of the Civil Enforcement General Department.
3. Coordinate with the Director of the Civil Enforcement General Department to inspect the implementation of delegated management contents regarding cadres, civil servants, and employees under the Civil Enforcement General Department and civil enforcement agencies.
4. Coordinate with the Inspector General of the Ministry of Justice to inspect the implementation of delegated management contents regarding cadres, civil servants, and employees under the Civil Enforcement General Department and civil enforcement agencies.
Article 9. Responsibilities of the Inspector General of the Ministry of Justice
1. Assist the Minister of Justice in inspecting the implementation of delegated management contents regarding cadres, civil servants, and employees assigned to the Director of the Civil Enforcement General Department and the Directors of Civil Enforcement Departments of provinces and centrally-administered cities; handle or advise the Minister to handle any violations in the exercise of delegated authority as stipulated in this Circular.
2. Advise the Minister to resolve complaints and denunciations related to the implementation of delegated contents as stipulated in this Circular.
Article 10. Responsibilities of the Director of the Civil Enforcement Department
1. Exercise the delegated authority on personnel management as stipulated in Article 5 of this Circular in accordance with the prescribed procedures and formalities under the law and the Ministry of Justice; be responsible before the Minister of Justice, the Director of the Civil Enforcement General Department, and the law for the exercise of delegated authority.
2. Assist the Director of the Civil Enforcement General Department to coordinate or coordinate with local authorities having jurisdiction over cadres and civil servants in planning, training, fostering, transferring, assigning, appointing, rewarding, disciplining, and other policies for local civil enforcement agency cadres within the scope of management.
3. Prepare documents, complete procedures, and propose opinions for the Director of the Civil Enforcement General Department to consider and decide or submit to the Minister of Justice for consideration and decision on management contents within the jurisdiction of the Minister and the Director of the Civil Enforcement General Department.
4. Send to the Director of the Civil Enforcement General Department documents and decisions on cadre work immediately after making decisions within delegated management authority, file and retain personnel records according to regulations.
5. Inspect the Directors of subordinate Civil Enforcement Branches in implementing delegated management contents regarding cadres, civil servants, and employees as stipulated in this Circular; effectively implement anti-corruption measures in managing civil servants and employees under the Civil Enforcement Department and subordinate Civil Enforcement Branches.
6. Report periodically every six months and annually to the Director of the Civil Enforcement General Department on the situation and results of exercising delegated authority, no later than July 15 for the six-month report and no later than January 15 of the following year for the annual report.
Article 11. Responsibilities of the Director of the Civil Enforcement Agency Branch
1. Implement the authority on managing civil servants and employees delegated under Article 6 of this Circular in accordance with the prescribed procedures and formalities under the laws and the Ministry of Justice; be responsible to the Minister of Justice, the Director General of the Civil Enforcement Agency General Department, the Director of the Civil Enforcement Agency Department, and the law for the exercise of the delegated authority.
2. Send to the Director of the Civil Enforcement Agency Department all documents and decisions regarding personnel matters immediately after making such decisions within the delegated authority for management, monitoring, and archiving the files of civil servants and employees as stipulated.
3. Conduct self-inspection of the implementation of the assigned management of civil servants and employees; effectively implement anti-corruption measures in the management of civil servants and employees under the Branch.
4. Report periodically every six months and annually to the Director of the Civil Enforcement Agency Department on the situation and results of the exercise of the delegated authority, no later than June 30 for the six-month report and no later than December 31 for the annual report.
Article 12. Effective Date
This Circular takes effect from August 10, 2015, and replaces Circular No. 17/2010/TT-BTP dated October 11, 2010, issued by the Minister of Justice, which stipulates the delegation of authority for managing civil servants and leaders of civil enforcement management agencies and civil enforcement agencies. Previous regulations issued by the Ministry of Justice that conflict with this Circular are hereby abolished. Heads of units under the Ministry of Justice and heads of local civil enforcement agencies within their assigned tasks and authorities are responsible for organizing and implementing the provisions of this Circular.
Heads of units under the Ministry of Justice and heads of local civil enforcement agencies within their assigned tasks and authorities are responsible for organizing and implementing the provisions of this Circular./.
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