Joint Circular No. 12/2021/TTLT-BTP-VKSNDTC-TANDTC on coordination in civil enforcement statistics and administrative enforcement monitoring among inter-ministerial agencies

JOINT CIRCULAR

Regulations on coordination in civil enforcement statistics,

administrative enforcement monitoring inter-sectoral

__________________

Pursuant to the Civil Procedure Code dated November 25, 2015;

Pursuant to the Criminal Procedure Code dated November 25, 2015;

Pursuant to the Administrative Procedure Code dated November 25, 2015;

Pursuant to the Law on Civil Enforcement dated November 14, 2008; the Law Amending and Supplementing Certain Articles of the Law on Civil Enforcement dated November 25, 2014;

Pursuant to the Law on Organization of the People's Procuracy dated November 24, 2014;

Pursuant to the Law on Organization of the People's Court dated November 24, 2014;

Pursuant to the Law on Statistics dated November 23, 2015;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;

The Minister of Justice, the Chief Procurator of the Supreme People's Procuracy, and the President of the Supreme People's Court issue this Joint Circular regulating coordination in civil enforcement statistics, administrative enforcement monitoring inter-sectoral.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates coordination in the establishment, signing confirmation, consolidation of data, and inspection in civil enforcement statistics, administrative enforcement monitoring inter-sectoral (hereinafter referred to as civil enforcement and administrative enforcement inter-sectoral statistics).

Article 2. Applicability

This Joint Circular shall apply to:

1. Civil Enforcement Office at district, county, town, city under province, centrally governed city (hereinafter collectively referred to as Civil Enforcement Office); Provincial Civil Enforcement Office, City Civil Enforcement Office under centrally governed city (hereinafter collectively referred to as Provincial Civil Enforcement Office), National Bureau of Civil Enforcement and the Ministry of Justice.

2. People's Procuracy at district, county, town, city under province, centrally governed city (hereinafter collectively referred to as District-level People's Procuracy); Provincial People's Procuracy, City People's Procuracy under centrally governed city (hereinafter collectively referred to as Provincial-level People's Procuracy), High People's Procuracy and Supreme People's Procuracy.

3. People's Court at district, county, town, city under province, centrally governed city (hereinafter collectively referred to as District-level People's Court); Provincial People's Court, City People's Court under centrally governed city (hereinafter collectively referred to as Provincial-level People's Court), High People's Court and Supreme People's Court.

Article 3. Basic principles in the operation of civil enforcement and administrative enforcement inter-sectoral statistics

1. Compliance with the principles stipulated in Article 5 of the Statistics Law.

2. Uniformity in forms, explanations, and instructions for recording forms, deadlines, and periods of statistics.

3. Uniformity in using civil enforcement and administrative enforcement inter-sectoral statistics data in reports submitted by the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court to competent authorities.

Article 4. Forms for civil enforcement and administrative enforcement inter-sectoral statistics

1. Forms for civil enforcement and administrative enforcement inter-sectoral statistics include:

a) Form No. 01/TKLN-THADS - Civil Enforcement Results Statistics;

b) Form No. 02/TKLN-THADS - Statistics of requests for the court to determine, divide assets, declare transactions void; explain, amend or review judgments, decisions through cassation and revision procedures and court results;

c) Form No. 03/TKLN-THADS - Statistics of transferring court judgments and decisions on administrative cases, results of administrative enforcement monitoring;

d) Form No. 04/TKLN-THADS - Statistics of results of supervising civil enforcement and administrative enforcement inter-sectoral.

2. Explanations of terms and instructions for filling out forms shall be carried out according to the explanations and instructions for filling out each form issued together with this Joint Circular.

Article 5. Indicators for the Statistics of Civil and Administrative Enforcement Joint Sector

The indicators for the statistics of civil and administrative enforcement joint sector include those specified in Forms 01/TKLN-THADS, Form 02/TKLN-THADS, Form 03/TKLN-THADS, and Form 04/TKLN-THADS.

Article 6. Reporting Periods for the Statistics of Civil and Administrative Enforcement Joint Sector

The annual reporting period for the statistics of civil and administrative enforcement joint sector starts from October 1st of the previous year and ends on September 30th of the following year, including the three-month reporting period, six-month reporting period, ten-month reporting period, and twelve-month reporting period (annual report), wherein:

1. The three-month reporting period begins on October 1st and ends on December 31st of the reporting year.

2. The six-month reporting period begins on October 1st and ends on March 31st of the reporting year.

3. The ten-month reporting period begins on October 1st and ends on July 31st of the reporting year.

4. The twelve-month reporting period (annual report) begins on October 1st and ends on September 30th of the reporting year.

Article 7. Units of Measurement and Calculation Methods Used in the Statistics Report of Civil and Administrative Enforcement Joint Sector

The units of measurement and calculation methods are specifically defined in the statistical forms and explained in the instructions and guidelines for recording these forms issued together with this Circular.

Chapter II

PROCEDURES AND FORMALITIES FOR STATISTICAL REPORTING OF CIVIL AND ADMINISTRATIVE ENFORCEMENT JOINT SECTOR

Article 8. Preparation and Signature Confirmation of the Statistics Report of Civil and Administrative Enforcement Joint Sector

1. Responsibilities for preparing the statistics report of civil and administrative enforcement joint sector.

a) The Civil Enforcement Office is responsible for taking the lead and coordinating with the People's Procuracy at the district level; the Civil Enforcement Bureau is responsible for taking the lead and coordinating with the People's Procuracy at the provincial level to prepare the report according to Form 01/TKLN-THADS;

b) The Civil Enforcement Office is responsible for taking the lead and coordinating with the People's Court at the district level; the Civil Enforcement Bureau is responsible for taking the lead and coordinating with the People's Court at the provincial level to prepare the report according to Form 02/TKLN-THADS and Form 03/TKLN-THADS;

c) The People's Procuracy at the district level is responsible for taking the lead and coordinating with the Civil Enforcement Office and the People's Court at the district level; the People's Procuracy at the provincial level is responsible for taking the lead and coordinating with the Civil Enforcement Bureau and the People's Court at the provincial level to prepare the report according to Form 04/TKLN-THADS;

d) For the indicators related to the Civil Enforcement Agency requesting explanations, amendments, or recommendations for reconsideration of judgments and decisions through cassation or revision procedures at Form 02/TKLN-THADS, the Civil Enforcement Office and the Civil Enforcement Bureau must compile data and list judgments and decisions within the jurisdiction of the High People's Courts to be sent to the National Office of Civil Enforcement.

The National Office of Civil Enforcement is responsible for compiling and coordinating with the High People's Courts to review and verify the data and lists of judgments and decisions requiring explanation, amendment, or recommendation for reconsideration through cassation or revision procedures.

In case of inconsistency in data or information in the lists, the National Office of Civil Enforcement will take the lead in coordinating with specialized units of the Supreme People's Court to review and verify.

The method of compiling lists and statistics shall be carried out according to the explanation and guidance for recording in Form 02/TKLN-THADS issued together with this Circular.

e) The preparation of the statistics report of civil enforcement joint sector in the military shall be implemented according to the guidance of the Ministry of Defense.

2. Deadline for Preparing the Statistics Report of Civil and Administrative Enforcement Joint Sector.

a) Within no more than one day from the end of the reporting period, the Civil Enforcement Office and the Civil Enforcement Bureau must review and finalize the data, prepare Form 01/TKLN-THADS, Form 02/TKLN-THADS, and Form 03/TKLN-THADS. The People's Procuracy at the district level and the provincial level must review and finalize the data, prepare Form 04/TKLN-THADS.

b) Within no more than two working days from receiving the report from the Civil Enforcement Office, the People's Procuracy at the district level, the Civil Enforcement Bureau, and the People's Procuracy at the provincial level must consolidate and prepare their local statistics report.

3. Signature Confirmation of the Statistics Report of Civil and Administrative Enforcement Joint Sector.

a) Within no more than one working day from the preparation of the joint sector report, the leading unit must send the report to the cooperating unit for signature confirmation;

b) Within no more than two working days from receiving the report, the cooperating unit must review, sign confirmation, and return it to the leading unit;

c) In case of discrepancies in data, the Civil Enforcement Office and the Civil Enforcement Bureau must coordinate with the People's Procuracy at the same level to review, verify, and unify the data in Form 01/TKLN-THADS; coordinate with the People's Court at the same level to review, verify, and unify the data in Form 02/TKLN-THADS and Form 03/TKLN-THADS.

The People's Procuracy at the district level and the provincial level must coordinate with the Civil Enforcement Agency and the People's Court at the same level to review, verify, and unify the data in Form 04/TKLN-THADS.

Article 9. Submission of Interdepartmental Civil and Administrative Enforcement Statistics Reports

1. Deadline for submitting interdepartmental civil and administrative enforcement statistics reports.

a) Within the latest one working day from the date of receiving the report with confirmation signatures of the coordinating agencies, the Civil Enforcement Office shall submit the interdepartmental statistical forms within its responsibility to the superior agency for consolidation into the local report as stipulated in Article 8 of this Joint Circular.

b) Within the latest five working days from the date of receiving the report from the Civil Enforcement Office and the People's Procuracy at the district level, the Provincial Civil Enforcement Office and the People's Procuracy at the provincial level must consolidate the report of their locality and send it to the Ministry of Justice (Civil Enforcement General Department) and the Supreme People's Procuracy.

c) Within the latest five working days from the date of receiving the report, the Civil Enforcement General Department under the Ministry of Justice shall consolidate data in Forms No. 01/TKLN-THADS, Form No. 02/TKLN-THADS, and Form No. 03/TKLN-THADS; specialized units of the Supreme People's Procuracy shall consolidate data in Form No. 04/TKLN-THADS and send them to the responsible coordinating agencies and report to the leadership of the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court.

2. Method of submitting interdepartmental statistics reports.

The interdepartmental statistics report shall be sent to the recipient through one of the following methods: Sending via postal service; Direct delivery; Sending directly via electronic documents with digital signatures through specialized software of each sector (if available).

To ensure timely preparation and submission of the interdepartmental statistics report, the Civil Enforcement Office, the People's Procuracy, and the People's Court may send the statistics report in advance in soft copy or scanned copy with complete interdepartmental signatures to the recipient via email using an email box provided by the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court.

Article 10. Adjustment and Supplement of Data in Interdepartmental Statistics Reports

In case of errors discovered after sending the data, the discovering agency shall issue a document to coordinate with other departments for review and report to the immediate superior agency. The adjustment and supplementation of data shall be carried out in the next reporting period of the reporting year before submission to the competent authority.

Article 11. Inspection of Interdepartmental Civil and Administrative Enforcement Statistics

Annually, the management agency of Civil Enforcement, the Civil Enforcement agency, the People's Procuracy, and the People's Court shall cooperate to inspect interdepartmentally the implementation of interdepartmental civil and administrative enforcement statistics reports by subordinate agencies.

Chapter III

IMPLEMENTATION

Article 12. Responsibilities for Implementation

1. The Ministry of Justice is responsible for:

a) Guiding, directing, inspecting, and urging local Civil Enforcement agencies to implement this Joint Circular;

b) Cooperating with the Supreme People's Procuracy and the Supreme People's Court to review, compare, and consolidate statistical data to report to the competent authorities;

c) Chairing interdepartmental meetings with the Supreme People's Procuracy and the Supreme People's Court to evaluate the implementation of this Joint Circular.

2. The Supreme People's Procuracy is responsible for:

a) Guiding, directing, inspecting, and urging subordinate People's Procuracies to implement this Joint Circular;

b) Cooperating with the Ministry of Justice and the Supreme People's Court to review, compare, and consolidate statistical data to report to the competent authorities.

3. The Supreme People's Court is responsible for:

a) Guiding, directing, inspecting, and urging lower-level People's Courts to implement this Joint Circular;

b) Cooperating with the Ministry of Justice and the Supreme People's Procuracy to review, compare, and consolidate statistical data to report to the competent authorities;

c) Chairing or instructing lower-level People's Courts to consider and resolve recommendations and requests of the Civil Enforcement Office.

4. Specialized agencies of the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy assist the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy in implementing the contents stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

5. The High People's Court bases on relevant indicators in Form No. 02/TKLN-THADS and is responsible for reviewing and responding to explanations, corrections of judgments and decisions, and recommendations of the Civil Enforcement Office and the Provincial Civil Enforcement Office.

6. The High People's Procuracy bases on its functions, tasks, and powers and is responsible for supervising the High People's Court in explaining, correcting judgments and decisions, and recommendations of the Civil Enforcement Office and the Provincial Civil Enforcement Office.

7. The Provincial Civil Enforcement Office, the Provincial People's Procuracy, and the Provincial People's Court are responsible for:

a) Strictly implementing the provisions of this Joint Circular;

b) Guiding, directing, inspecting, and urging the District Civil Enforcement Office, the District People's Procuracy, and the District People's Court within their sectors to implement this Joint Circular.

8. The District Civil Enforcement Office, the District People's Procuracy, and the District People's Court are responsible for strictly implementing the provisions of this Joint Circular.

Article 13. Budget for the operation of civil and administrative enforcement statistics

The budget for the operation of civil and administrative enforcement statistics shall be guaranteed from the State budget and other sources in accordance with the provisions of the law.

Article 14. Effective Date

1. This Circular takes effect from February 25, 2022, replacing Circular Joint No. 06/2016/TTLT-BTP-VKSNDTC-TANDTC dated May 31, 2016, issued by the Minister of Justice, the Chief Prosecutor of the Supreme People's Procuracy, and the President of the Supreme People's Court guiding coordination in civil enforcement statistics.

2. Any difficulties encountered during implementation shall be promptly reported to the Ministry of Justice, the Supreme People's Procuracy, and the Supreme People's Court within their respective jurisdictions for resolution./.