Circular No. 118/2024/TT-BQP stipulates the reporting regime, inspection work, and the use of procedural forms for civil enforcement in the Military.

CIRCULAR

Regulations on Reporting System, Inspection Work, and Use of Business Forms for Civil Enforcement in the Military

Pursuant to the Civil Enforcement Law No. 26/2008/QH12 dated November 14, 2008, which has been amended and supplemented by Law No. 64/2014/QH13 dated November 25, 2014 and Law No. 03/2022/QH15 dated January 11, 2022;

Pursuant to Decree No. 62/2015/NĐ-CP dated August 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law, which has been amended and supplemented by Decree No. 33/2020/NĐ-CP dated March 17, 2020 and Decree No. 152/2024/NĐ-CP dated November 15, 2024 of the Government; 7 At the proposal of the Director of the Civil Enforcement Department under the Ministry of National Defense;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

The Minister of National Defense issues this Circular stipulating the reporting system, inspection work, and use of business forms for civil enforcement in the military.

This Circular stipulates the reporting system, inspection work, and use of business forms for civil enforcement in the military.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to the Civil Enforcement Department under the Ministry of National Defense (hereinafter referred to as the Civil Enforcement Department), the Civil Enforcement Offices of the Military Regions and equivalent units (hereinafter collectively referred to as the Civil Enforcement Office at the Military Region level), and other agencies, units, organizations, and individuals related to the reporting system, inspection work, and use of business forms for civil enforcement in the military.

Article 2. Applicability

Article 1. Reporting work must be timely, complete, accurate, objective, in compliance with the law and the requirements of the competent authority.

Article 3. Principles

Article 2. Inspection work must be transparent, democratic, not affecting the normal operations of the inspected unit; upon completion of the inspection, there must be a conclusion on the inspected matters.

Article 3. Business forms for reporting, inspection, and civil enforcement activities shall be established, managed, used, and stored uniformly in accordance with the law; they shall not be arbitrarily modified or erased to alter their contents.

REPORTING SYSTEM FOR CIVIL ENFORCEMENT

Chapter II

Article 4. Types of reports and time for finalizing report data

Clause 1. Types of reports

a) Periodic reports include: Monthly, quarterly, semi-annual, 10-month, and annual;

b) Statistical reports on civil enforcement;

c) Ad hoc reports, thematic reports.

Clause 2. Time for finalizing report data

a) Monthly report: From the first day to the last day of the month, and implemented 12 times throughout the year;

b) Quarterly report: From the first day of the first month of the quarter to the last day of the last month of the quarter;

c) Semi-annual report: From October 1 of the previous year to March 31 of the following year;

d) 10-month report: From October 1 of the previous year to July 31 of the following year;

e) Annual report: From October 1 of the previous year to September 30 of the following year;

f) Thematic reports, ad hoc reports: In accordance with the requirements of the competent authority requesting the report.

Point 1. Periodic reports: Report on the performance of state management functions and specialized management of civil enforcement in the military, and the results of assigned tasks.

Article 5. Content of the Report

Point 2. Statistical reports on civil enforcement: Implemented in accordance with Circular No. 05/2024/TT-BTP dated June 10, 2024 of the Minister of Justice stipulating the statistical reporting system for civil enforcement and administrative enforcement monitoring.

Point 3. Ad hoc reports, thematic reports: Implemented according to the management tasks of state administration and specialized management of civil enforcement in the military; according to the requirements of tasks or requests from the competent authority.

3. Special reports, thematic reports: To be carried out in accordance with the management tasks of state administration and specialized management of civil enforcement in the military; as required by the tasks or requests of the competent authority.

Article 6. Forms, methods, time, and deadlines for reporting

1. Reporting forms

Reports are presented in writing on A4 paper or electronic text, following the format and presentation techniques prescribed by law and the Ministry of National Defense;

The Director of the Enforcement Office shall prescribe the outline template for civil enforcement work reports to be uniformly applied throughout the military.

2. Reporting methods

a) Direct delivery;

b) Sending through military postal service or regular postal service;

c) Sending via fax or military data transmission network;

d) Reports with classified levels shall be conducted in accordance with laws on state secrets protection and regulations of the Ministry of National Defense.

3. Time for preparing and sending reports

The date of report preparation is the day following the end of the reporting period; the date of sending the report is the postmark date from the sending postal or military postal office, the fax sending date, data transmission date, or the receipt date if sent directly;

In cases where the report preparation date or sending date coincides with public holidays or Tet holidays, the report preparation date and sending date shall be the first working day after the holiday.

4. Reporting deadlines

a) The Civil Enforcement Office at the Military Region shall report to the Commander of the Military Region and the Civil Enforcement Office before the third working day of the subsequent reporting period;

b) The Civil Enforcement Office shall report to the Ministry of National Defense and competent authorities before the fifth working day of the subsequent reporting period;

c) For ad hoc reports, thematic reports, and civil enforcement statistical reports, they shall be carried out according to the tasks assigned by the Civil Enforcement Office at the Military Region or the requirements of the competent authority.

Article 7. Responsibilities for reporting, reviewing, amending, and supplementing reports

1. The head of the agency responsible for preparing the report shall be responsible for the completeness, accuracy, and timeliness of the report.

2. The receiving agency or the agency requesting the report shall conduct reviews when it is necessary to verify the accuracy of the information in the report.

3. If there is a need to amend or supplement the content or figures, the agency that prepared the report shall be responsible for submitting the amended and supplemented report along with explanatory content and must have the signature and seal of the head of the agency.

Chapter III

CIVIL ENFORCEMENT INSPECTION WORK

Article 8. Basis for building, authority, and deadline for issuing inspection plans

1. Basis for building inspection plans

Functions, duties, powers; annual work plans, performance targets for civil enforcement tasks assigned, results of inspected units and individuals; directives of competent agencies or persons.

2. Authority to issue inspection plans

a) The Director of the Civil Enforcement Office shall issue inspection plans for Civil Enforcement Offices at the Military Region;

b) The Head of the Civil Enforcement Office at the Military Region shall issue inspection plans for their own unit;

c) Ad hoc inspection plans and thematic inspection plans shall be issued by competent agencies or persons.

3. Deadline for issuing inspection plans

a) The Civil Enforcement Office shall issue the Inspection Plan before January 15 each year;

b) The Civil Enforcement Office at the Military Region shall issue the Inspection Plan before January 31 each year;

c) The deadline for issuing ad hoc inspection plans and thematic inspection plans shall be carried out according to the requirements of competent agencies or persons.

Article 9. Form, content, method, procedure, and process of inspection

1. Form of inspection

Inspection of civil enforcement includes annual regular inspections, sudden inspections, and specialized inspections.

2. Content of inspection

a) Based on management requirements and actual conditions, the Director of the Civil Enforcement Department or the Head of the Enforcement Office at the Military Zone decides on the content of the inspection;

b) In cases of specialized inspections or sudden inspections, the content of the inspection is decided by the competent authority;

c) During the inspection process, if issues outside the scope of the inspection decision need to be clarified, they must be reported to the competent authority for consideration and decision.

3. Method of inspection

a) Directly inspecting records, files, and other relevant documents; inspecting electronic data (if available) and requesting the inspected unit or individual to report and explain;

b) If necessary, conducting verification and investigation to clarify issues related to the inspection content;

c) In cases where direct inspection is not organized, the competent authority requests the inspected unit or individual to conduct self-inspection and report the results.

4. Procedure and process of inspection

The Director of the Civil Enforcement Department shall stipulate the procedure, process, and inspection forms for civil enforcement to be uniformly applied within the Military.

Article 10. Conclusion and implementation of inspection conclusions

1. Inspection conclusion

a) Within ten days from the end date of the inspection, the competent authority must issue the inspection conclusion;

b) The inspection conclusion must clearly evaluate strengths, weaknesses, and causes; require rectification and handling measures according to authority; provide guidance and instructions for resolving certain contents for the inspected units or individuals. The inspection conclusion takes effect from the date of issuance.

2. Implementation of inspection conclusions

Within fifteen days from the receipt of the inspection conclusion document, the inspected units or individuals must organize lessons learned, develop plans to implement the inspection conclusions, and report the results to the issuing authority; if necessary, the issuing authority may organize inspections of the implementation of the inspection conclusions.

Chapter IV

USE OF CIVIL ENFORCEMENT BUSINESS FORMS

Article 11. Business Forms

1. Civil enforcement business forms are implemented in accordance with Circular No. 04/2023/TT-BTP dated August 14, 2023, issued by the Minister of Justice guiding the implementation of certain administrative management procedures and business forms in civil enforcement.

2. Civil enforcement statistical business forms are implemented in accordance with Circular No. 05/2024/TT-BTP dated June 10, 2024, issued by the Minister of Justice regulating the reporting system for civil enforcement statistics and monitoring administrative enforcement.

3. Administrative penalty business forms are implemented in accordance with Circular No. 79/2022/TT-BQP dated November 4, 2022, issued by the Minister of National Defense regarding the issuance, management, and use of forms in handling administrative violations under the jurisdiction of the Ministry of National Defense.

4. Business forms for handling complaints and denunciations are implemented in accordance with Circular No. 13/2021/TT-BTP dated December 30, 2021, issued by the Minister of Justice regulating the processing and resolution of complaints, denunciations, suggestions, and reflections in civil enforcement.

5. Business forms for temporary suspension of departure and entry are implemented in accordance with Circular No. 79/2020/TT-BCA dated July 14, 2020, issued by the Minister of Public Security guiding the implementation of temporary suspension of departure and non-entry.

6. Business forms for state compensation are implemented in accordance with Circular No. 04/2018/TT-BTP dated May 17, 2018, issued by the Minister of Justice promulgating certain forms in state compensation work; Circular No. 08/2019/TT-BTP dated December 10, 2019, issued by the Minister of Justice stipulating measures to implement state management functions in state compensation work.

7. Accounting forms and books for civil enforcement are implemented in accordance with Circular No. 78/2020/TT-BTC dated August 14, 2020, issued by the Minister of Finance guiding accounting practices in civil enforcement; Circular No. 04/2023/TT-BTP dated August 14, 2023, issued by the Minister of Justice guiding the implementation of certain administrative management procedures and business forms in civil enforcement and related regulations of the Ministry of National Defense.

8. The Director of the Civil Enforcement Department shall guide the use and supplementation of business forms suitable for the characteristics of civil enforcement work in the Military; direct printing and distribution of enforcement case files and covers.

Article 12. Recording, correcting, supplementing business forms and establishing, using, managing, preserving, storing execution records and files

1. Recording business forms

a) The recording of business forms must be accurate, handwriting must be clear and legible, written with the same type of ink, no abbreviations or private symbols shall be used, no erasures are allowed, local language shall not be used, ensuring continuity, no blanks shall be left, page numbers must be clearly marked, at the end of the recording, cross out the remaining blank portion of the text; in cases where business forms are established in multiple copies, the content recorded in the business form must be identical among all copies established;

b) In cases where electronic business forms are used, the content recorded in the business forms must be fully, timely, and accurately updated with information, ensuring network security and can be printed on paper.

2. Correcting and supplementing business forms

a) For types of decisions, notifications, notices, and summonses related to enforcement that have been issued with errors, but such errors do not change the content of the case, corrections or supplements shall be made in writing for the erroneous part; in cases where errors change the content of the case, a new document must be issued to replace the previously issued document;

b) For errors in enforcement records that need correction, if members named in the record agree to correct directly, the person who established the record shall correct directly on the erroneous part of the record and those involved must sign immediately next to the corrected part. In cases where members do not agree to correct directly, a new record must be substituted.

c) If correction is needed for execution records, draw a horizontal line through the erroneous or mistaken content, the Head of the Enforcement Agency must sign, stamp, and take responsibility; in cases where electronic ledgers are used, after correction on the printed copy, update the modified and supplemented content on the electronic ledger and note "modified and supplemented on day month year" in the "notes" column.

3. The establishment, use, management, preservation, storage of execution records and files, and digitization, establishment, use, and management of electronic data and electronic files on civil enforcement shall be carried out in accordance with the provisions of the Civil Enforcement Law and regulations of the Ministry of National Defense.

Chapter V

IMPLEMENTATION

Article 13. Effectiveness and transitional provisions

1. This Circular takes effect from February 8, 2025. Circular No. 96/2016/TT-BQP dated June 28, 2016 of the Minister of National Defense stipulating inspection work and business forms on civil enforcement in the Military and Circular No. 01/2019/TT-BQP dated January 3, 2019 of the Minister of National Defense stipulating reporting systems for enforcement work in the Military shall cease to be effective from the date this Circular takes effect.

2. In cases where legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacement documents.

3. From the date this Circular takes effect, civil enforcement procedures and business forms shall be implemented in accordance with the provisions of this Circular.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Heads of agencies and units under the Ministry of National Defense and relevant agencies, units, organizations, and individuals shall be responsible for implementing this Circular.

2. The Director of the Enforcement Bureau shall be responsible for leading and coordinating with relevant agencies and units to assist the Minister of National Defense in implementing this Circular.

3. During the implementation process, if there are difficulties, agencies, units, organizations, and individuals shall promptly reflect them to the Ministry of National Defense through the Enforcement Bureau for study and appropriate amendments and supplements./.