Decision No. 1148/2005/QD-BTP On the issuance of the Regulation on Delegation of Management of Certain Aspects of Organizational and Cadre Work of Civil Execution Agencies of Provinces and Central Cities, Districts, Urban Areas, and Towns under Provinces to the Director of the Department of Justice

Pursuant to …;

Regarding the issuance of the Delegation Regulation for Managing Certain Aspects of Organizational and Staff Work

of Civil Enforcement Offices at provincial and municipal levels directly under the Central Government, and at district, urban district, town, and provincial city levels

to the Director of the Department of Justice

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;

THE MINISTER OF JUSTICE

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

Pursuant to Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on civil enforcement management agencies, civil enforcement agencies, and civil enforcement officials;

The attached Decision "Regulation on Delegation to the Director of the Department of Justice of Provinces and Municipalities Directly Under the Central Government to Manage Certain Aspects of Organizational and Staff Work of Civil Enforcement Offices at Provincial and Municipal Levels Directly Under the Central Government, and at District, Urban District, Town, and Provincial City Levels."

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

DECISION:

Article 1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 141/QĐ-QLTA dated March 21, 1994 of the Minister of Justice on the Regulations on the Delegation of Management Authority over Organizational Matters of People's Courts at District, County, Town, and Provincial City Levels and Civil Enforcement Departments and Teams.

Article 2. The Director of the Office, the Director of the Civil Enforcement Department, Heads of Units under the Ministry of Justice, Directors of the Department of Justice, and Heads of local civil enforcement agencies are responsible for implementing this Decision.

Article 3. Delegation of Management of Certain Aspects of Organizational and Staff Work of Civil Enforcement Offices at Provincial and Municipal Levels Directly Under the Central Government, and at District, Urban District, Town, and Provincial City Levels to the Director of the Department of Justice

REGULATIONS

(Issued together with Decision No. 1148/2005/QĐ-BTP dated May 18, 2005)

This Regulation stipulates the delegation to the Director of the Department of Justice to manage certain aspects of organizational and staff work of Civil Enforcement Offices at Provincial and Municipal Levels Directly Under the Central Government (hereinafter referred to collectively as Civil Enforcement Offices at Provincial Level) and Civil Enforcement Offices at District, Urban District, Town, and Provincial City Levels (hereinafter referred to collectively as Civil Enforcement Offices at District Level).

Civil Enforcement Offices at Provincial Level and Civil Enforcement Offices at District Level hereinafter referred to collectively as local Civil Enforcement Agencies.

Article 2. Content of Delegation 2005 of the Minister of Justice)

Article 1. Scope of Regulation

The Minister of Justice delegates to the Director of the Department of Justice the management of certain aspects of organizational and staff work of local Civil Enforcement Agencies as follows:

1. Strengthening organizational structure Inspecting and urging the strengthening of organizational structures of local Civil Enforcement Agencies; developing plans for staffing quotas and the number of Enforcement Officers for local Civil Enforcement Agencies.

2. Allocation of staffing Quoting decisions on the allocation of staffing for Civil Enforcement Offices at District Level based on staffing quotas that have been approved by the Minister of Justice.

3. Recruitment, acceptance, and transfer of civil servants

a1) Recruitment of civil servants

a) Proposing the Minister of Justice to establish a recruitment examination board or a selection board for civil servants of local Civil Enforcement Agencies (hereinafter referred to collectively as the recruitment board) consisting of five members. The recruitment board is chaired by the Director of the Department of Justice, with the Deputy Chairman being the Director of Civil Enforcement Offices at Provincial Level, and other members comprising Enforcement Officers and other civil servants selected by the Director of the Department of Justice.

The recruitment board implements the recruitment of civil servants for local Civil Enforcement Agencies in accordance with Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government on the Recruitment, Employment, and Management of Cadres and Civil Servants in State Agencies, and Circular No. 09/2004/TT-BNV dated February 19, 2004 of the Ministry of Home Affairs guiding the implementation of certain provisions of Decree No. 117/2003/NĐ-CP dated October 10, 2003 of the Government.

a2) Reporting the results of the recruitment of civil servants to the Ministry of Justice for review and issuance of a decision recognizing the results and confirming the recruitment results in accordance with the law.

a3) Within thirty days from the date of confirmation of the recruitment results, the Director of the Department of Justice issues a decision on the recruitment of civil servants for local Civil Enforcement Agencies and reports to the Ministry of Justice for management.

b) Acceptance of civil servants

Issuing decisions on the acceptance of civil servants from other agencies to local Civil Enforcement Agencies after approval by the Director of the Civil Enforcement Department under the Ministry of Justice.

c) Transfer of civil servants Issuing decisions on the transfer of civil servants out of the staffing of Civil Enforcement Agencies. In cases where Enforcement Officers are transferred out of the staffing of Civil Enforcement Agencies, prior consent from the Ministry of Justice must be obtained before proceeding with the procedures prescribed by law regarding the removal and transfer of Enforcement Officers.

4. Cadre planning

Organizing and directing local Civil Enforcement Agencies to develop cadre plans in accordance with the general requirements of the Party, the State, and the Ministry of Justice.

5. Salary grade adjustment

a) Proposing the Minister of Justice to decide on salary grade adjustments for the rank of Provincial Level Enforcement Officer, Chief Reviewer, and equivalent ranks;

b) Deciding on salary grade adjustments for the remaining civil servants of local Civil Enforcement Agencies in accordance with the law and reporting to the Ministry of Justice for inspection and management.

6. Promotion and transfer of civil servant ranks

a) Implementing promotions of civil servants from the Specialist rank and lower in accordance with the law and guidance from the Ministry of Justice;

b) Issuing decisions on the transfer of civil servant ranks based on the recommendations of the Examination Board of Civil Enforcement Offices at Provincial Level and reporting to the Ministry of Justice for inspection and management.

7. Transfer and rotation of civil servants

a) Issuing decisions on the transfer and rotation of District Level Enforcement Officers within the provincial area and reporting in writing to the Minister of Justice;

b) Issuing decisions on the transfer and rotation of other civil servants of local Civil Enforcement Agencies in accordance with the law and guidance from the Ministry of Justice.

Transfers and secondments of Provincial Level Enforcement Officers within the provincial area and transfers and secondments of Enforcement Officers of local Civil Enforcement Agencies from one province to another are decided by the Minister of Justice.

a) Decision to transfer and rotate Enforcement Officers at the district level within the provincial territory and report in writing to the Minister of Justice;

b) Decision to transfer and rotate other civil servants of local civil execution agencies in accordance with the provisions of the law and the guidance of the Ministry of Justice.

The decision to transfer and detail Enforcement Officers at the provincial level within the provincial territory and the decision to transfer and detail Enforcement Officers from the civil execution agency of one province to another province shall be made by the Minister of Justice.

8. Appointment, dismissal, and removal from office of deputy heads of county civil enforcement agencies The decision to appoint, dismiss, or remove from office the deputy head of a county civil enforcement agency shall be made and reported in writing to the Minister of Justice. The appointment, dismissal, or removal from office of the deputy head of a county civil enforcement agency must have the written opinion of the Chairman of the People's Committee at the county level.

9. Training and capacity building for civil servants Develop and implement plans for training and capacity building to create a pool of talent and improve the qualifications and capabilities of civil servants in local civil enforcement agencies.

10. Resolving retirement and resignation benefits

a) Propose the Minister of Justice to issue decisions on retirement and resignation for provincial enforcement officers, chief review officers, and equivalent positions, and for civil servants in civil enforcement agencies to be streamlined according to regulations.

b) Issue decisions on retirement and resignation for other civil servants in local civil enforcement agencies in accordance with the law and guidelines from the Ministry of Justice.

11. Commendation and rewards Organize commendation activities, decide on rewards, and propose to competent state authorities to reward collectives and individuals in local civil enforcement agencies in accordance with the law and Circular No. 05/2003/TT-BTP dated October 29, 2003, issued by the Ministry of Justice guiding commendation activities within the judicial sector.

12. Disciplinary actions for civil servants

a) Decide on disciplinary measures such as reprimand, warning, reduction in salary grade, demotion, removal from office, and forced resignation for civil servants in local civil enforcement agencies in accordance with the law and guidelines from the Ministry of Justice, except for cases specified in points d and đ of this clause;

b) Decide on removal from office of the position of Enforcement Officer in accordance with Clause 1, Article 25 of Decree No. 50/2005/NĐ-CP dated April 11, 2005, of the Government.

For cases specified in points a and b of this clause, after imposing discipline, the Director of the Department of Justice shall send the disciplinary decision (along with a copy of the disciplinary file) to the Ministry of Justice for inspection and monitoring;

c) Decide on temporary suspension from work in accordance with the law and guidelines from the Ministry of Justice for the heads of civil enforcement agencies at the provincial and county levels, deputy heads of civil enforcement agencies at the provincial and county levels, Enforcement Officers, and other civil servants in local civil enforcement agencies who violate discipline, and report immediately to the Ministry of Justice;

d) Prepare files and procedures to submit to the Minister of Justice for decisions on disciplinary measures such as removal from office and forced resignation for the heads of civil enforcement agencies at the provincial and county levels, deputy heads of civil enforcement agencies at the provincial level, and Enforcement Officers in accordance with the law and guidelines from the Ministry of Justice;

đ) The decision to dismiss or remove from office the position of Enforcement Officer in local civil enforcement agencies shall be made by the Minister of Justice based on the proposal of the Selection Council for Enforcement Officers in local civil enforcement agencies, except for cases specified in point b of this clause.

13. Inspection of civil enforcement activities Decide on inspections of civil enforcement activities of county-level civil enforcement agencies and report the results of the inspections to the Ministry of Justice.

Article 3. Implementation Provisions

1. Issuance and settlement of funds to ensure the implementation of delegated tasks shall be carried out in accordance with the guidance of the Ministry of Justice.

2. When performing the tasks and powers stipulated in Article 2 of this Regulation, the Director of the Department of Justice shall fulfill the relevant provisions of the law on cadres and civil servants and the guidance of the Ministry of Justice.

3. The Director of the Department of Justice shall perform the tasks stipulated in Clauses 2, 3, 5, 6, 7, 8, 10, 11, 12, and Clause 13 of Article 2 of this Regulation based on the proposal of the head of the provincial civil enforcement agency.

4. The Director of the Department of Justice shall be responsible to the Minister of Justice for the performance of delegated tasks and powers. Annually or when required, he/she must report to the Minister of Justice on the implementation of delegated tasks and powers. In case of lax management, poor quality of cadres and civil servants, or disciplinary violations, the Director of the Department of Justice shall bear responsibility before the Minister of Justice. If the Director of the Department of Justice does not comply with the law or the guidelines of the Ministry of Justice related to the performance of delegated tasks and powers, the Minister of Justice may revoke unlawful decisions of the Director of the Department of Justice or require the Director of the Department of Justice to rescind those decisions.

5. The Director of the Department of Justice shall be responsible for resolving initial complaints and reports from civil servants in local civil enforcement agencies related to the performance of delegated tasks and powers in accordance with the law.

6. The Director of the Civil Enforcement Agency assists the Minister of Justice in supervising the implementation of tasks and powers stipulated in Article 2 of this Regulation and annually reports to the Minister of Justice./.