Circular No. 10/2010/TT-BNV stipulates the code number and professional standards for the ranks of civil servants as enforcement officers and civil execution secretaries.

 

CIRCULAR

Regulations on job code and professional standards for civil enforcement officers and civil enforcement clerks

enforcement officer and clerk of civil enforcement proceedings

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;
Pursuant to the Civil Enforcement Law on November 14, 2008;
Based on Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government stipulating recruitment, utilization, and management of civil servants;
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 regarding civil enforcement management agencies, civil enforcement agencies, and civil enforcement officials;
Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;
Based on the proposal of the Minister of Justice at Circular No. 2119/BTP-THA dated July 13, 2010 concerning the issuance of professional standards for civil enforcement officials;
The Ministry of Home Affairs hereby promulgates the job code and professional standards for civil enforcement officials and civil enforcement clerks as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the job code and professional standards for civil enforcement officials and civil enforcement clerks.

Article 2. Applicability

This Circular applies to civil enforcement officials working in civil enforcement management agencies under the Ministry of Justice, the Ministry of National Defense, and provincial, district-level, and military region civil enforcement agencies.

Article 3. Job Codes for Civil Enforcement Officials

Chapter II
PROFESSIONAL STANDARDS FOR SENIOR EXECUTION OFFICERS, INTERMEDIATE EXECUTION OFFICERS, AND BEGINNER EXECUTION OFFICERS

Article 4. Senior Execution Officer

1. Responsibilities

A senior execution officer is a specialized civil enforcement official who directly enforces particularly complex civil enforcement cases involving multiple sectors, levels, localities, or foreign elements within the jurisdiction of the Civil Enforcement Agency and Military District Civil Enforcement Office.

2. Tasks

a) Implementing the duties and powers prescribed in Article 20 of the Civil Enforcement Law and other duties and powers as provided by law;

b) Taking the lead in researching and proposing work programs, issues related to organization and operation of civil enforcement, measures for directing and organizing the implementation of civil enforcement work;

c) Assisting the head of the civil enforcement agency in guiding and urging subordinate civil enforcement units under their jurisdiction to implement civil enforcement and civil enforcement laws; receiving citizens according to regulations;

d) Developing plans for civil enforcement and implementing decisions of the agency head regarding civil enforcement;

đ) Providing guidance on civil enforcement procedures to beginner and intermediate execution officers;

e) Summarizing situations and writing reports on assigned civil enforcement work;

g) Assisting the head of the civil enforcement agency in understanding the situation of civil enforcement work and compliance with civil enforcement laws in their jurisdiction;

h) Researching and recommending amendments to enforcement-related documents, proposing opinions to improve the civil enforcement legal system;

i) Performing other tasks assigned by the head of the civil enforcement agency.

3. Competence

a) Having theoretical knowledge of Marxism-Leninism and Ho Chi Minh Thought, mastering Party policies and State laws, directives, and resolutions of superiors to apply them to civil enforcement work; strategic goals for economic, cultural, and social development;

b) Being well-versed in current legal systems and international laws relevant to their own level of civil enforcement work;

c) Having a deep understanding of civil enforcement laws;

d) Proficiently applying principles, systems, and procedures of civil enforcement procedures;

đ) Having a broad understanding of domestic and international economic and social conditions;

e) Possessing the ability to independently organize and carry out assigned tasks;

g) Possessing the ability to coordinate well with relevant agencies in organizing civil enforcement;

h) Possessing the ability to educate and persuade parties to comply with court judgments and decisions;

i) Possessing the ability to compile teaching materials and provide training on civil enforcement procedures for intermediate and beginner execution officers and civil enforcement officials;

k) Having research capabilities, summarizing wide-ranging topics within their field, proposing strategic issues about civil enforcement work, having the ability to analyze, generalize, and synthesize situations from various fields, proposing, directing, and organizing the implementation of civil enforcement work programs and plans.

4. Qualifications

a) Having a bachelor's degree in Law or higher;

b) Holding a certificate in advanced training for the position of senior execution officer according to the content and program of the Ministry of Justice;

c) Having a Master's Degree in Political Theory;

d) Having a foreign language proficiency level C or higher (one of five languages: English, French, Russian, German, Chinese) or another language as required by the job position;

đ) Having computer skills (proficient in using Microsoft Word, Microsoft Excel, Internet for professional purposes);

e) Having a minimum of six years of experience in positions equivalent to that of an intermediate execution officer, including at least five years as an intermediate execution officer, or a total of fifteen years or more in legal work;

g) Leading the development or implementation of scientific research projects on civil enforcement work recognized by the Ministry-level Scientific Council and effectively applied in practice.

Article 5. Intermediate Enforcement Officer

1. Responsibilities

The intermediate enforcement officer is a specialized civil servant responsible for enforcing civil judgments, directly organizing the execution of complex cases involving large amounts of money or assets; enforcement actions related to multiple regions under the jurisdiction of the Civil Enforcement Department, District Enforcement Office, and Military Region Enforcement Office.

2. Tasks

a) Implementing the duties and powers prescribed in Article 20 of the Civil Enforcement Law and other duties and powers as provided by law;

b) Develop plans and organize the implementation of civil judgment enforcement decisions; propose measures and direct the enforcement of civil judgment enforcement decisions within their authority; perform citizen reception tasks as prescribed;

c) Report on the results of civil judgment enforcement work, make recommendations and propose measures to organize civil judgment enforcement within the scope of assigned functions and tasks;

d) Draft directives for civil judgment enforcement work, compile materials and guidelines, disseminate civil judgment enforcement business skills to primary enforcement officers and civil servants engaged in civil judgment enforcement within the scope of assigned functions and tasks;

đ) Assist the head of the enforcement agency in understanding the situation of enforcement work and compliance with laws in enforcement work within their authority as assigned;

e) Assist the head of the enforcement agency in guiding enforcement business for primary enforcement officers;

g) Participate in researching and summarizing experiences and practical enforcement of civil judgments;

h) Study, recommend, and supplement enforcement-related documents; propose opinions to improve the enforcement legal system;

i) Performing other tasks assigned by the head of the civil enforcement agency.

3. Competence

a) Possess theoretical knowledge of Marxism-Leninism and Ho Chi Minh's thought, be well-versed in the Party's policies and state laws, directives, and resolutions from superiors to apply them to civil judgment enforcement work;

b) Being well-versed in current legal systems and international laws relevant to their own level of civil enforcement work;

c) Have a deep understanding of the content of civil judgment enforcement laws;

d) Proficiently applying principles, systems, and procedures of civil enforcement procedures;

đ) Be familiar with the economic and social conditions of the locality and the country;

e) Possessing the ability to independently organize and carry out assigned tasks;

g) Have the ability to coordinate well with relevant agencies in enforcement work;

h) Possessing the ability to educate and persuade parties to comply with court judgments and decisions;

i) Have the ability to analyze, synthesize, and draft documents related to assigned responsibilities and tasks;

4. Qualifications

a) Having a bachelor's degree in Law or higher;

b) Hold a certificate in intermediate enforcement officer training according to the content and program of the Ministry of Justice;

c) Have a foreign language proficiency level B or higher (one of five languages: English, French, Russian, German, Chinese) or another language as required by the job position;

d) Have office computer skills (proficiently using Microsoft Word, Microsoft Excel, Internet for professional purposes);

e) Have a minimum of nine years working in equivalent positions, including at least five years as a primary enforcement officer or ten years in legal work;

g) Lead or participate in building research topics, projects, and scientific works on civil judgment enforcement that are effectively applied in practice.

Article 6. Primary Enforcement Officer

1. Responsibilities

The primary enforcement officer is a specialized civil servant responsible for directly organizing the enforcement of simple cases involving small amounts of money or assets under the jurisdiction of the Civil Enforcement Department, District Enforcement Office, and Military Region Enforcement Office.

2. Tasks

a) Implementing the duties and powers prescribed in Article 20 of the Civil Enforcement Law and other duties and powers as provided by law;

b) Develop plans and organize the implementation of civil judgment enforcement decisions; perform citizen reception tasks as prescribed;

c) Report on the results of civil judgment enforcement, propose solutions;

d) Participate in researching and drafting documents on civil judgment enforcement within the assigned field, propose issues regarding organization of civil judgment enforcement within their authority;

đ) Assist the head of the enforcement agency in understanding the situation of enforcement work and compliance with laws in enforcement work within their authority as assigned;

e) Study and propose amendments to enforcement-related documents; contribute suggestions for improving the enforcement legal system;

g) Perform other tasks assigned by the head of the enforcement agency;

3. Competence

a) Possess theoretical knowledge of Marxism-Leninism and Ho Chi Minh's thought, be well-versed in the Party's policies and state laws, directives, and resolutions from superiors to apply them to civil judgment enforcement work;

b) Master the basic content of current legal systems;

c) Master the content of civil judgment enforcement laws;

d) Know how to apply principles, systems, and procedures in enforcement business;

đ) Understand the economic and social conditions of the locality;

e) Have the ability to independently organize the enforcement of cases within the jurisdiction of the county-level enforcement agency;

h) Have the ability to educate and persuade parties to comply with court judgments and decisions;

g) Have the ability to draft documents related to assigned responsibilities and tasks;

4. Qualifications

a) Having a bachelor's degree in Law or higher;

b) Hold a certificate in enforcement officer training according to the content and program of the Ministry of Justice;

c) Have a foreign language proficiency level B or higher (one of five languages: English, French, Russian, German, Chinese) or another language as required by the job position;

d) Have office computer skills (able to use Microsoft Word, Microsoft Excel, Internet for professional purposes);

đ) Have at least three years of experience in legal work;

Chapter III
STANDARDS FOR THE SECRETARY ENFORCEMENT OFFICER AND INTERMEDIATE SECRETARY ENFORCEMENT OFFICER

Article 7. Enforcement Officer Secretary

1. Responsibilities

The Enforcement Officer Secretary is a specialized civil servant in civil enforcement, responsible for assisting mid-level enforcement officers and senior enforcement officers in implementing procedures and formalities of civil enforcement, or assisting chief verification officers and senior verification officers in performing their tasks to verify cases that have been and are being enforced, verifying and investigating cases with complaints and accusations regarding civil enforcement according to the provisions of the law.

2. Tasks

a) Assist enforcement officers in preparing files, formalities, organizing the enforcement of complex and particularly complex cases, large amounts of money or assets to be enforced; enforcement cases involving multiple localities under the jurisdiction of the Civil Enforcement Office of the district, Provincial Civil Enforcement Bureau, and Military Region Enforcement Office, or assist chief verification officers and senior verification officers in performing their tasks to verify cases that have been and are being enforced, verifying and investigating cases with complaints and accusations regarding civil enforcement according to the provisions of the law;

b) Record minutes of asset verification enforcement; minutes of enforcement resolution; minutes of service; minutes of handling evidence, seized and temporarily detained assets; minutes of asset seizure; minutes of meetings; minutes of asset valuation; minutes of asset status inspection; minutes of destruction of evidence; minutes of forced execution; minutes of property transfer; minutes of asset return and other procedural minutes;

c) Assist enforcement officers and verification officers in serving civil enforcement documents;

d) Carry out some verification and file construction tasks related to civil enforcement according to the assignment of enforcement officers and verification officers;

đ) Coordinate with relevant agencies and units to assist enforcement officers in organizing civil enforcement work; assist verification officers in verifying civil enforcement cases according to the provisions of the law;

e) Perform other tasks assigned by the head of the enforcement agency;

3. Competence

a) Understand the viewpoints, policies, and guidelines of the Party and the state's policies and laws related to civil enforcement work;

b) Master basic knowledge about legal principles and civil enforcement procedures;

c) Possess the ability to synthesize and propose measures to resolve issues related to the duties of the Clerk of Enforcement;

d) Be proficient in the organization and operation of the civil enforcement agency system;

đ) Have the ability to draft documents related to the assigned responsibilities and tasks;

4. Qualifications

a) Having a bachelor's degree in Law or higher;

b) Hold a certificate in civil enforcement secretary vocational training according to the content and program of the Ministry of Justice;

c) Have a foreign language proficiency level B or higher (one of five languages: English, French, Russian, German, Chinese) or another language as required by the job position;

d) Have office computer skills (able to use Microsoft Word, Microsoft Excel, Internet skills to serve professional work);

Article 8. Mid-Level Enforcement Officer Secretary

1. Responsibilities

The Mid-Level Enforcement Officer Secretary is a specialized civil servant in civil enforcement, responsible for assisting junior enforcement officers in implementing procedures and formalities in civil enforcement work or assisting verification officers in performing their tasks to verify cases that have been and are being enforced, verifying and investigating cases with complaints and accusations regarding civil enforcement according to the provisions of the law.

2. Tasks

a) Advise and assist enforcement officers in preparing files, formalities, organizing the enforcement of simple cases, small amounts of money or assets to be enforced under the jurisdiction of the provincial, district civil enforcement agency, and Military Region Enforcement Office, or assist verification officers in performing their tasks to verify cases that have been and are being enforced, cases with complaints and accusations regarding civil enforcement according to the provisions of the law;

b) Record minutes of asset verification enforcement; minutes of enforcement resolution; minutes of service; minutes of handling evidence, seized and temporarily detained assets; minutes of asset seizure; minutes of meetings; minutes of asset valuation; minutes of asset status inspection; minutes of destruction of evidence; minutes of forced execution; minutes of property transfer; minutes of asset return and other procedural minutes;

c) Assist enforcement officers and verification officers in serving civil enforcement documents;

d) Carry out some verification and file construction tasks related to civil enforcement according to the assignment of enforcement officers and verification officers;

đ) Coordinate with relevant agencies and units to assist enforcement officers in organizing civil enforcement work; assist verification officers in verifying civil enforcement cases according to the provisions of the law;

e) Perform other tasks assigned by the head of the enforcement agency;

3. Competence

a) Understand the viewpoints, policies, and guidelines of the Party and the state's policies and laws related to civil enforcement work;

b) Master basic knowledge about legal principles and civil enforcement procedures;

c) Have the ability to compile and propose measures to resolve issues related to the duties of a mid-level enforcement officer secretary;

d) Have the ability to draft documents related to the assigned responsibilities and tasks;

đ) Be proficient in the organization and operation of the civil enforcement agency system;

e) Have the ability to draft related documents concerning the assigned responsibilities and tasks;

4. Qualifications

a) Hold a bachelor's degree in Law;

b) Hold a certificate in civil enforcement secretary vocational training according to the content and program of the Ministry of Justice;

c) Have a foreign language proficiency level A or higher (one of five languages: English, French, Russian, German, Chinese) or another foreign language as required by the job position;

d) Have office computer skills (able to use Microsoft Word, Microsoft Excel, Internet skills to serve professional work);

Chapter IV
IMPLEMENTING PROVISIONS

Article 9. Implementation Organization

The professional standards for the ranks of enforcement officers and civil enforcement officer secretaries are the basis for implementing recruitment, utilization, and management of civil servants engaged in civil enforcement work.

Article 10. Effective Date

1. This Circular takes effect from December 15, 2010.

2. Abolish the rank titles of provincial and centrally-administered city enforcement officers and district, county, town, and city enforcement officers under the jurisdiction of provinces at Decision No. 78/2004/QĐ-BNV dated November 3, 2004 of the Minister of Home Affairs on issuing the list of civil servant and staff ranks.

3. The provisions on professional standards for provincial and centrally-administered city enforcement officers and district, county, town, and city enforcement officers under the jurisdiction of provinces at Decision No. 573/TCCP-VC dated July 27, 1993 of the Minister, Head of the Government Organization and Cadre Department (now the Minister of Home Affairs) on issuing professional standards for civil servant and staff ranks in the Justice sector shall cease to be effective from the date this Circular takes effect.

4. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-administered city People's Committees are responsible for implementing this Circular./.