Joint Circular No. 1108/TTLB guiding the implementation of certain points of Government Decree No. 30-CP dated June 2, 1993, and Prime Minister's Directive No. 226-TTg dated June 2, 1993, on civil enforcement work.

JOINT CIRCULAR

Guidelines for Implementing Certain Points of Decree No. 30/CP dated June 2, 1993 of the Government and Directive No. 266/TTg dated June 2, 1993 of the Prime Minister on Civil Enforcement Work To implement the Civil Enforcement Law dated April 21, 1993, Decree No. 30-CP dated June 2, 1993 of the Government on "Organization, Tasks, Authorities of Civil Enforcement Management Agencies, Civil Enforcement Agencies, and Enforcement Officers," and Directive No. 266-TTg dated June 2, 1993 of the Prime Minister on the Implementation and Strengthening of Civil Enforcement Work, the Ministers of National Defense and Justice issue guidelines for implementing the following points:

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I. SYSTEM OF ENFORCEMENT MANAGEMENT AGENCIES AND ENFORCEMENT AGENCIES IN THE ARMED FORCES

The Enforcement Management Office under the Ministry of National Defense and the Enforcement Offices of Military Regions, Naval Forces are part of the system of enforcement management agencies and civil enforcement agencies established within the armed forces.

The Enforcement Management Office is an independent office subordinate to the Ministry of National Defense, performing the functions and tasks stipulated in Article 3 of Decree No. 30-CP dated June 2, 1993 of the Government.

1. The Enforcement Management Office has its office premises and public reception facilities arranged by the Ministry of National Defense, and is administratively managed by the Ministry of National Defense - General Staff.

The Enforcement Offices of Military Regions and Naval Forces are independent offices directly guided by the Commanders of Military Regions and Naval Forces, and are administratively managed by the Staffs of Military Regions and Naval Forces.

The Commanders of Military Regions and Naval Forces arrange office premises, public reception facilities, and ensure material resources for the activities of the Enforcement Offices of Military Regions and Naval Forces.

The Enforcement Offices of Military Regions and Naval Forces perform the functions, tasks, and authorities stipulated in Article 9 of Decree No. 30-CP dated June 2, 1993 of the Government.

3. The Enforcement Management Office has a Director, Deputy Directors, research officers, and support staff.

The Enforcement Offices of Military Regions and Naval Forces have Directors, Deputy Directors, enforcement officers, and support staff.

The specific organization and staffing of the Enforcement Management Office and the Enforcement Offices shall be determined by the Minister of National Defense after reaching a consensus in writing with the Minister of Justice. The appointment, dismissal, and removal of the Director and Deputy Directors of the Enforcement Management Office shall be decided by the Minister of National Defense.

II. STANDARDS FOR APPOINTING, TRANSFERRING, AND REASSIGNING ENFORCEMENT OFFICERS AND HEADS OF ENFORCEMENT OFFICES

1. In addition to the general standards prescribed in Clause 1 of Article 13 of Decree No. 30-CP dated June 2, 1993 of the Government, enforcement officers of the Enforcement Offices of Military Regions and Naval Forces must meet the following specific standards:

a) Hold a university degree in Law or equivalent;

b) Have completed training courses in enforcement work;

c) Be an officer who has worked in military courts, military prosecution offices, criminal investigation agencies, or security protection agencies for at least three years.

2. The Head of the Enforcement Office of Military Regions and Naval Forces, in addition to the standards for enforcement officers, must also meet the following standards:

a) Possess the ability to manage and direct enforcement work at the level of Military Regions and Naval Forces;

b) Be an officer who has served as an enforcement officer in the Enforcement Office of Military Regions and Naval Forces for at least three years.

3. The appointment, dismissal, and removal of enforcement officers and heads of enforcement offices shall be decided by the Minister of Justice after reaching a consensus in writing with the Minister of National Defense.

4. The application for the appointment of enforcement officers and heads of enforcement offices includes:

a) A voluntary application form for the position from the person being appointed as an enforcement officer or head of an enforcement office;

b) A personal resume according to the model prescribed by the Civil Enforcement Management Department under the Ministry of Justice, with comments from the relevant management authority;

c) Copies of the university degree in Law, equivalent certificates, health certificate issued by the military medical department of the Military Region or Naval Force, and certificate of completion of enforcement training courses;

d) Written recommendations from the Party Committee, Commander of the Military Region, or Naval Force.

5. The transfer and reassignment of Directors, Deputy Directors, and assistants engaged in enforcement work shall be decided by the Minister of National Defense after reaching a consensus in writing with the Minister of Justice.

III. TRAINING AND PROFESSIONAL DEVELOPMENT FOR ENFORCEMENT OFFICERS AND STAFF ENGAGED IN ENFORCEMENT WORK IN THE ARMED FORCES AND ENFORCEMENT EXPENSES

1. Annually, the Ministry of Justice allocates plans for training and professional development for enforcement officers and staff engaged in enforcement work in the armed forces within the national plan for training and professional development of enforcement officers and staff.

2. Annually, the Minister of Justice prepares the budget for enforcement expenses for all enforcement agencies nationwide, including the budget for enforcement expenses in the armed forces proposed by the Minister of National Defense for approval by the Government and implementation, allocating funds within the approved budget limit to the Enforcement Management Office and the Enforcement Offices of Military Regions and Naval Forces.

3. Enforcement Officer Cards and Head of Enforcement Officer Cards in the armed forces shall be issued by the Ministry of Justice.

IV. GUIDELINES FOR HANDOVER OF ENFORCEMENT WORK FROM MILITARY COURTS TO MILITARY ENFORCEMENT OFFICES

1. The handover content shall be carried out in accordance with Circular Joint No. 01/TTLN dated May 26, 1993 of the Ministry of Justice - Supreme People's Court - Supreme People's Procuracy - State Administration Council - Ministry of Finance - State Bank of Vietnam.

2. The Chief Judge of the Military Court of the Military Region hands over to the Director of the Military Enforcement Office of the Military Region.

3. Establish a Handover Steering Committee chaired by the Deputy Commander of the Military Region, including: - A Deputy Commander of the Military Region as Chairman of the Steering Committee. - The Chief Judge of the Military Court of the Military Region or Naval Force as Vice-Chairman of the Steering Committee. - The Director of the Military Enforcement Office of the Military Region or Naval Force, representatives of the Military Procuracy, and the financial department at the same level as members of the Steering Committee.

3. Establish the Handover Task Force for Enforcement of Judgments, the composition of which shall be decided by the Military Region Commander, including: - A Deputy Commander of the Military Region as Head of the Task Force. - The President of the Military Court of the Military Region, Service Branch as Deputy Head of the Task Force. - The Head of the Execution Department of the Military Region, Service Branch, a representative of the Military Procuracy, and a representative of the Finance Department at the same level as members of the Task Force.

4. The Head of the Military Region Enforcement Office shall report to the Department of Enforcement under the Ministry of National Defense and the Central Military Court; the Head of the Department of Enforcement under the Ministry of National Defense shall consolidate and report to the Minister of National Defense and the Minister of Justice on the results of transferring enforcement tasks. During the implementation process, if there are any difficulties, the Military Region Enforcement Offices and the Corps Enforcement Offices shall reflect to the Department of Enforcement under the Ministry of National Defense for consolidation and reporting to the Ministry of National Defense and the Ministry of Justice for resolution.

During the implementation process, if there are any difficulties, the Military Region Enforcement Offices and the Corps Enforcement Offices shall reflect to the Department of Enforcement under the Ministry of National Defense for consolidation and reporting to the Ministry of National Defense and the Ministry of Justice for resolution./.