Decision No. 1145/2005/QĐ-BTP On the issuance of the Regulation on the operation of the Selection Council for Enforcement Officers of Civil Enforcement Agencies

DECISION

Regarding the issuance of the Rules on the Operation of the Selection Council for Enforcement Officers of Civil Execution Agencies

Enforcement Officer of civil execution agencies

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THE MINISTER OF JUSTICE

Pursuant to the Civil Enforcement Law dated January 14, 2004;

Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

BASED ON DECREE NO. 50/2005/NĐ-CP OF APRIL 11, 2005 OF THE GOVERNMENT ON THE AUTHORITIES MANAGING CIVIL ENFORCEMENT, CIVIL ENFORCEMENT BODIES, AND STAFF ENGAGED IN CIVIL ENFORCEMENT WORK;

Considering the proposal of the Director of the Civil Enforcement Department,

DECISION:

Article 1. These Rules on the Operation of the Selection Council for Enforcement Officers of Civil Execution Agencies are promulgated together with this Decision.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Director of the Office, the Director of the Civil Execution Agency under the Ministry of Justice, the Director of the Civil Execution Agency under the Ministry of National Defense, the Selection Council for Enforcement Officers of Civil Execution Agencies at local levels, the Selection Council for Enforcement Officers of Military Execution Agencies, the Directors of Departments of Justice, the Heads of Civil Execution Agencies at local levels, and the Heads of Military Execution Agencies are responsible for implementing this Decision./.

WORKING REGULATIONS

Of the Selection Council for Enforcement Officers of Civil Execution Agencies

(Issued together with Decision No.: 1145/2005/QĐ-BTP dated May 18, 2005)

of the Minister of Justice)

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This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Scope of application

These Rules stipulate the principles and working regulations of the Selection Council for Enforcement Officers of Civil Execution Agencies at local levels and the Selection Council for Enforcement Officers of Military Execution Agencies; the procedures for selection and proposal for appointment to the position of Enforcement Officer; the procedures for examination and proposal for removal from office or dismissal from the position of Enforcement Officer.

The Selection Council for Enforcement Officers of Civil Execution Agencies at local levels and the Selection Council for Enforcement Officers of Military Execution Agencies shall hereinafter be referred to collectively as the Council.

Article 2. Principles of operation

1. The Council operates under a collective system. All decisions of the Council are made during its meetings.

2. The results of the selection and proposals for appointment, removal from office, or dismissal from the position of Enforcement Officer of Civil Execution Agencies at local levels are only considered valid when at least three members of the Selection Council for Enforcement Officers of Civil Execution Agencies at local levels vote in favor.

3. The results of the selection and proposals for appointment, removal from office, or dismissal from the position of Enforcement Officer of Military Execution Agencies are only considered valid when at least four members of the Selection Council for Enforcement Officers of Military Execution Agencies vote in favor. In case of a tie, the decision rests with the Chairman of the Council.

Article 3. Summoning the meeting

1. Meetings of the Council are convened by the Chairman of the Council upon the request of the Director of Civil Execution at provincial level or the Director of the Civil Execution Agency under the Ministry of National Defense.

2. The Council can only hold a meeting if at least two-thirds of its members are present. If a member of the Council cannot attend due to unforeseen circumstances, they may submit their opinions on matters included in the agenda of the meeting.

Article 4. Providing materials for the meeting

The summons for the meeting, the agenda of the meeting, and other materials serving the meeting (files or copies of files proposing the selection and appointment to the position of Enforcement Officer; files or copies of files proposing the examination of removal from office or dismissal from the position of Enforcement Officer) must be sent to the members of the Council at least five working days before the date of the meeting.

Article 5. Inviting participants to the Council's meeting

1. Based on the specific content of each meeting of the Council, the Chairman of the Council may decide to invite representatives of relevant agencies, units, and organizations to participate in the meeting and express their opinions. Those who are invited to attend the meeting but are not members of the Council have the right to express their opinions but are not allowed to vote on issues related to the selection and appointment to the position of Enforcement Officer, removal from office, or dismissal from the position of Enforcement Officer.

2. Specialists assigned to assist members of the Council from relevant agencies and organizations may attend the meeting of the Council.

Article 6. Secretary of the meeting and minutes of the meeting

1. A Secretary assists the Council in recording the minutes of the Council's meeting.

2. The Secretary of the meeting is appointed by the Chairman of the Council from among the specialists of the Support Unit upon the recommendation of the Director of Civil Execution at provincial level or the Director of the Civil Execution Agency under the Ministry of National Defense.

3. The minutes of the Council's meeting must record fully the proceedings of the meeting; the opinions of the members of the Council; the opinions of representatives of relevant agencies, units, and organizations invited to participate in the meeting (if any); the voting results; and any reservations (if any).

4. At the end of the meeting, the minutes must be approved and signed by the members of the Council present at the meeting.

II. PROCEDURES FOR SELECTION AND PROPOSAL FOR APPOINTMENT, REMOVAL FROM OFFICE, OR DISMISSAL FROM THE POSITION OF ENFORCEMENT OFFICER

Article 7. Procedures for the meeting on selection and proposal for appointment, removal from office, or dismissal from the position of Enforcement Officer

1. The Chairman of the Council opens the meeting.

2. The Director of Civil Execution at provincial level (for meetings selecting the position of Enforcement Officer of Civil Execution Agencies at local levels) or the Director of the Civil Execution Agency under the Ministry of National Defense (for meetings selecting the position of Enforcement Officer of Military Execution Agencies) reports to the Council on the files and specific proposals for the selection and appointment, removal from office, or dismissal from the position of Enforcement Officer for each individual.

3. The Council discusses, exchanges views, and reaches conclusions on those proposed for selection and appointment, removal from office, or dismissal from the position of Enforcement Officer.

4. The Chairman of the Council concludes.

5. Members of the Council present proceed to vote individually.

Article 8. Resolving emerging issues

1. During the discussion and exchange of views, the Council has the right to request the Director of Civil Execution at provincial level or the Director of the Civil Execution Agency under the Ministry of National Defense to report and explain issues that are unclear related to individuals proposed for selection and appointment, removal from office, or dismissal from the position of Enforcement Officer.

2. The Chairman of the Council may decide to temporarily suspend consideration in the following cases:

a) The file proposing the selection and appointment, removal from office, or dismissal from the position of Enforcement Officer is incomplete, and there are unresolved issues that cannot be completed immediately;

b) There are complaints, denunciations, or reflections regarding the ethics, lifestyle, and social relations of individuals proposed for selection and appointment as Enforcement Officer, which according to the law require clarification.

3. Within the scope of their duties and powers, the Director of Civil Enforcement at the provincial level or the Director of the Enforcement Agency under the Ministry of National Defense shall be responsible for supplementing or verifying the issues raised by the Council to present to the Council for consideration and decision at the next session.

Article 9. Management of case files

After the Council completes the selection process and proposes the appointment, dismissal, or removal from office of the Enforcement Officer position, the case file and copies thereof must be returned to the Director of Civil Enforcement at the provincial level or the Director of the Enforcement Agency under the Ministry of National Defense for management.

Article 10. Proposal for Appointment, Dismissal, or Removal from Office of the Enforcement Officer Position

1. Based on the results of the Council meeting, the Director of Civil Enforcement at the provincial level or the Director of the Enforcement Agency under the Ministry of National Defense shall be responsible for drafting the document to submit to the Chairman of the Council (or the Vice-Chairman of the Council if authorized by the Chairman of the Council) for signing to propose the Minister of Justice to consider and decide.

2. The document proposing the Minister of Justice to appoint, dismiss, or remove from office the Enforcement Officer position shall be stamped with the seal of the People's Committee at the provincial level (for the document proposing the Minister of Justice to appoint the Enforcement Officer position of the civil enforcement agency) or with the seal of the Ministry of National Defense (for the document proposing the Minister of Justice to appoint, dismiss, or remove from office the Enforcement Officer position of the military region enforcement agency).

Article 11. Submission of Case Files and Documents Proposing Appointment, Dismissal, or Removal from Office of the Enforcement Officer Position

The Director of Civil Enforcement at the provincial level or the Director of the Enforcement Agency under the Ministry of National Defense shall be responsible for submitting the document proposing the Minister of Justice to appoint, dismiss, or remove from office the Enforcement Officer position (accompanied by the original file of each person and the minutes of the Council meeting) to the Civil Enforcement Agency under the Ministry of Justice for submission to the Minister of Justice for consideration and decision.

Article 12. Notification of Results of Appointment, Dismissal, or Removal from Office of the Enforcement Officer Position

Based on the results of the appointment, dismissal, or removal from office of the Enforcement Officer position by the Minister of Justice, the Director of Civil Enforcement at the provincial level or the Director of the Enforcement Agency under the Ministry of National Defense shall be responsible for notifying the Council of the results within fifteen days from the date of receipt of the decision or notification of the Minister of Justice./.