Circular No. 10/2012/TT-BTP stipulates the organization of examinations for admission to the junior enforcement officer rank.

CIRCULAR

Regulations on organizing examinations for admission to the初级级执行员 rank

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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. 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;

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 Execution Law regarding the civil execution management agency, civil execution agencies, and civil servants engaged in civil execution work;

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;

After reaching a consensus with the Ministry of Home Affairs (Circular No. 3008/BNV-CCVC dated August 22, 2012 of the Ministry of Home Affairs);

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 promulgates this Circular stipulating the organization of examinations for admission to the初级级执行员 rank as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles, conditions, contents, forms, and procedures for organizing examinations for admission to the初级级执行员 rank of the Provincial Civil Execution Agency under the central government (hereinafter referred to collectively as the Provincial Civil Execution Agency) and the District Civil Execution Agency under the provincial government (hereinafter referred to collectively as the District Civil Execution Agency). Examinations for admission to the初级级执行员 rank in civil execution agencies within the military shall be conducted in accordance with regulations issued by the Minister of National Defense and in accordance with relevant laws.

Article 2. Principles of organizing examinations for admission to the初级级执行员 rank

The organization of examinations for admission to the初级级执行员 rank (hereinafter referred to collectively as the examination) shall be carried out based on the principles of transparency, fairness, objectivity, and competition.

Article 3. Registration for the初级级执行员 rank

1. By no later than March 31 each year, the Director of the Provincial Civil Execution Agency shall submit a report to the General Department of Civil Execution regarding the staffing levels, the number of civil servants currently employed by each rank, and the registration for the需求的初级级执行员 rank in their locality to be approved by the Minister of Justice for the quota and examination plan.

2. The examination plan for the初级级执行员 rank shall be publicly announced by the Ministry of Justice in accordance with the law so that eligible candidates may register for the examination.

Article 4. Candidates for the examination

1. Civil servants of local civil execution agencies.

2. Civil servants from other agencies who wish to register for the examination.

3. Individuals who are not civil servants but wish to register for the examination.

Chapter II

INTERNAL REGULATIONS, EXAMINATION RULES, EXAMINATION BOARD, ELIGIBILITY REQUIREMENTS, AND APPLICATION PROCEDURES FOR THE初级级执行员 RANK EXAMINATION

Article 5. Internal Regulations and Examination Rules

The internal regulations and examination rules for the examination for admission to the初级级执行员 rank shall be implemented in accordance with the regulations on internal regulations and examination rules for promotion examinations for civil servants stipulated in Appendix 3 and Appendix 4 attached to Circular No. 13/2010/TT-BNV dated December 30, 2010 of the Minister of Home Affairs detailing certain provisions on recruitment and promotion of civil servants under Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants (hereinafter referred to collectively as Circular No. 13/2010/TT-BNV).

Article 6. Examination Board for Primary Enforcement Officer

1. The Minister of Justice shall decide to establish the Examination Board for Primary Enforcement Officer based on the proposal of the Director General of the Civil Execution General Department. The Examination Board for Primary Enforcement Officer consists of 05 or 07 members, including:

a) Chairman of the Board: 01 leader from the Ministry of Justice;

b) Vice-Chairman of the Board: 01 leader from the Civil Execution General Department;

c) Members of the Board: 01 leader from the Personnel Department of the Ministry of Justice and other members representing relevant specialized units;

d) Member兼任秘书：01来自民事执行总局人事部门的领导。

2. The Examination Board for Primary Enforcement Officer shall perform tasks and exercise powers in accordance with the provisions of the law.

Article 7. Conditions and Application Documents for Civil Servants Working at Civil Execution Agencies to Register for the Examination

1. For cases where civil servants register for the examination in the province or centrally-administered city where they work, the conditions and application documents shall be implemented according to the provisions of Article 15 and Article 18 of Decree No. 74/2009/NĐ-CP, along with a health certificate issued by a competent health authority within 30 days prior to the submission of the application documents, and the provisions of this Circular.

2. For civil servants working in a provincial or centrally-administered city's civil execution agency who wish to register for the Primary Enforcement Officer position in another provincial or centrally-administered city's civil execution agency, they must meet the conditions and submit the documents specified in paragraph 1 of this Article, as well as the following contents:

a) The unit where the civil servant registers for the examination still has vacant positions and needs to supplement Primary Enforcement Officers;

b) A document agreeing to participate in the examination from the agency or unit where the applicant works.

Article 8. Conditions and Application Documents for Civil Servants Not Belonging to Civil Execution Agencies to Register for the Examination

Civil servants not belonging to civil execution agencies who register for the examination must ensure that they meet the conditions and submit the documents specified in paragraph 1 of Article 7 of this Circular, as well as the following contents:

1. The unit where the civil servant registers for the examination still has vacant positions and needs to supplement Primary Enforcement Officers;

2. There is a document agreeing to participate in the examination from the head of the agency where the applicant works.

Article 9. Conditions and Application Documents for Individuals Who Are Not Civil Servants to Register for the Examination

1. They must meet all the conditions to become a civil servant as stipulated by the laws on cadres and civil servants.

2. They must meet the conditions and submit the documents specified in paragraph 1 of Article 7 of this Circular.

3. The unit where the individual registers for the examination still has vacant positions and needs to supplement Primary Enforcement Officers.

4. They must meet the conditions for exemption from the probation period as stipulated in Clause 4 of Article 20 of Decree No. 24/2010/NĐ-CP.

5. They must have documents and papers to verify their time spent working in legal affairs.

Article 10. Preliminary Selection for the Position of Primary Enforcement Officer

1. The leadership collective of the Civil Execution Bureau shall conduct preliminary selection for individuals proposed or registered to participate in the examination for the position of Primary Enforcement Officer in their locality.

2. Contents of preliminary selection:

a) Verify the validity of the application documents of those participating in the examination;

b) Check the eligibility to participate in the examination;

c) Evaluate the political qualities, morals, and health conditions of the examinees according to the requirements and tasks of civil execution.

3. Based on the results of the preliminary selection as stipulated in Clause 2 of this Article, the leadership collective of the Civil Execution Bureau shall evaluate the preliminary selection results in the form of pass or fail.

4. Within three days from the date of conducting the preliminary selection, the Director of the Civil Execution Bureau must notify the preliminary selection results to the person being preliminarily selected and their workplace.

In case there is an objection to the preliminary selection results, the Director of the Civil Execution Bureau must review and resolve it. The procedures for handling objections by civil servants shall be carried out in accordance with the law.

Article 11. Time for organizing the national examination to recruit初级执行员

Annually, the General Department of Civil Enforcement shall coordinate with the Organization and Cadres Department of the Ministry of Justice to advise and submit to the Minister of Justice for a decision on organizing the national examination to recruit junior enforcement officers.

Chapter III

SUBJECTS AND FORMS OF THE NATIONAL EXAMINATION FOR RECRUITING JUNIOR ENFORCEMENT OFFICERS

Article 12. Subjects

1. Civil servants of Class C who register for the national examination to recruit junior enforcement officers must participate in the subjects specified in Clause 1 of Article 13 of this Circular.

2. Civil servants of Class D who register for the national examination to recruit junior enforcement officers must participate in all the subjects prescribed in this Circular, except as provided in Article 5 of Appendix No. 5 issued together with Circular No. 13/2010/TT-BNV.

3. Those who are not civil servants, if they register for the national examination to recruit junior enforcement officers, must participate in all the subjects prescribed in this Circular.

Article 13. Examination forms and time

1. The subject of specialized civil enforcement practice includes one multiple-choice test on civil enforcement laws, lasting 45 minutes, and one written test on civil enforcement skills, lasting 180 minutes.

2. The general knowledge subject: One written test, lasting 180 minutes.

3. The foreign language or ethnic minority language subject: A written test to assess reading comprehension and writing skills at level B (one of five languages: English, French, Russian, German, Chinese) or the ethnic minority language as stipulated in Clause 4 of Article 7 of Circular No. 13/2010/TT-BNV. The examination time is 60 minutes.

4. The office computer skills subject: A multiple-choice test or practical test on a computer regarding Windows operating system, using Microsoft Office applications, and using the Internet. The examination time is 30 minutes.

Article 14. Calculation of examination scores

1. Examination papers are graded on a scale of 100 points.

2. Examination scores are calculated as follows:

a) For the specialized civil enforcement practice subject: The written test on civil enforcement skills is weighted by a factor of 2; the multiple-choice test on civil enforcement laws is weighted by a factor of 1;

b) Scores for the general knowledge, foreign language or ethnic minority language, and office computer skills subjects are each weighted by a factor of 1 and are not included in the total examination score.

The content of these subjects shall be implemented according to the guidance in Article 8 of Decree No. 24/2010/NĐ-CP and other relevant regulations.

Article 15. Determination of successful candidates in the national examination for recruiting junior enforcement officers

1. Successful candidates in the national examination must meet the following conditions:

a) Participate in all the subjects as prescribed in Article 12 of this Circular;

b) Achieve a score of 50 points or higher for each subject (before applying the weighting factor);

c) Have a higher overall examination score than others in the recruitment quota for junior enforcement officers of the unit. The overall score is determined as follows: Overall Score = (score of the written test on specialized civil enforcement practice x 2) + (score of the multiple-choice test on specialized civil enforcement practice x 1).

d) In case two or more candidates have the same examination score at the last position in the recruitment quota for junior enforcement officers (according to the quota allocated by the civil service management agency), the candidate with the higher score in the written test on civil enforcement skills will be considered the successful candidate. If it is still impossible to determine the successful candidate, the Director of the Civil Enforcement Department shall issue a letter requesting the General Department of Civil Enforcement to submit to the Minister of Justice for consideration and determination of the successful candidate.

Article 16. Announcing the Examination Results and Appointment to the Junior Enforcement Officer Rank

1. The examination board for Junior Enforcement Officers shall publicly announce the examination results on the Ministry of Justice's electronic portal, notify the Director of the Civil Enforcement Agency, the agency where the civil servants registered to take the examination for the Junior Enforcement Officer rank, and those who registered for the examination about the examination results.

2. Within fifteen days from the completion of the review procedures as prescribed, the examination board for Junior Enforcement Officers must report to the Minister of Justice to recognize the examination results and approve the list of successful candidates.

In cases where multiple individuals have the same total score at the final quota for Junior Enforcement Officers in each province or city, the examination board for Junior Enforcement Officers shall establish a separate list of these individuals to determine the successful candidates according to this Circular.

3. Within thirty days from receiving the examination board's report, the Minister of Justice shall issue a decision recognizing the examination results and the list of successful candidates, notify the Director of the Civil Enforcement Agency where the civil servants participated in the examination and the agency where the civil servants were successfully admitted to the Junior Enforcement Officer rank, and simultaneously appoint Junior Enforcement Officers according to the regulations, except in the cases stipulated in Articles 19 and 20 of this Circular.

Article 17. Appointment of Junior Enforcement Officers for Successful Candidates Who Wish to Serve as Junior Enforcement Officers in Another Province or City

In cases where civil servants participate in the examination for Junior Enforcement Officers and meet the conditions set out in point a and point b of Clause 1, Article 15 of this Circular, but the unit where they work has already filled the quota for Junior Enforcement Officers as specified in point c and point d of Article 15 of this Circular, they may be considered for appointment to the Junior Enforcement Officer rank in other civil enforcement agencies when meeting the following requirements:

1. The civil servant submits a written statement expressing their wish.

2. The transferring unit still has vacancies and obtains written consent from the Director of the Civil Enforcement Agency where the civil servant is transferring from and the Director of the Civil Enforcement Agency where the civil servant is transferring to.

Article 18. Transfer and Appointment of Junior Enforcement Officers for Cases Specified in Clause 2, Article 7 of this Circular

Based on the examination results for Junior Enforcement Officers, the Director of the Civil Enforcement Service Bureau shall submit to the Minister of Justice for a decision to appoint and transfer Junior Enforcement Officers for civil servants from the civil enforcement agencies of this province or city who were successful in the examination for the Junior Enforcement Officer rank in another province or city's civil enforcement agency.

Article 19. Acceptance and Appointment of Junior Enforcement Officers for Successful Candidates Not Belonging to Civil Enforcement Agencies

Based on the examination results for Junior Enforcement Officers, the Director of the Civil Enforcement Agency where the civil servants registered for the examination shall complete the necessary documentation and procedures to report to the Director of the Civil Enforcement Service Bureau for submission to the Minister of Justice for a decision to accept and appoint Junior Enforcement Officers for civil servants not belonging to civil enforcement agencies who passed the examination for the Junior Enforcement Officer rank.

Article 20. Recruitment and appointment of Probationary Enforcement Officers for cases where they are not civil servants

Based on the results of the Probationary Enforcement Officer recruitment examination, the Director of the Civil Execution Office where the applicant registered for the examination shall complete the file and procedures to report to the General Director of the Civil Enforcement General Department for submission to the Minister of Justice to decide on the recruitment and appointment of Probationary Enforcement Officers who are not civil servants who have passed the recruitment examination for the Probationary Enforcement Officer rank.

Chapter IV

IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 21. Responsibility for Implementation

1. Annually, the Director of the Civil Execution Office shall be responsible for reviewing the number of current civil servants by each civil servant rank and registering the demand for the Probationary Enforcement Officer recruitment examination from local enforcement agencies to send to the Civil Enforcement General Department.

2. Based on the proposal of the Civil Execution Office, the Civil Enforcement General Department shall develop a plan for the Probationary Enforcement Officer recruitment examination to submit to the Minister of Justice for approval.

Article 22. Effectiveness

This Circular takes effect from December 1, 2012.

During implementation, if there are difficulties, units shall reflect them to the Ministry of Justice for guidance, consideration, and resolution./.