Circular No. 130/2013/TT-BQP on the management and use of model books and business forms for civil enforcement proceedings in the military

CIRCULAR

Regulations on the management and use of model books and business forms for civil enforcement proceedings in the Military

enforcement of civil judgments in the military

________________

Pursuant to the Civil Enforcement Law 2008;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense; Pursuant to Decree No. 58/2009/NĐ-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law regarding civil enforcement procedures;

CONSIDERING THE PROPOSAL OF THE DIRECTOR OF THE MINISTRY OF NATIONAL DEFENSE’S ENFORCEMENT AGENCY;

The Minister of National Defense hereby promulgates regulations on the management and use of model books and business forms for civil enforcement proceedings in the Military as follows:

Article 1. Scope of Regulation

These Circular stipulates model books and business forms; management and use of model books and business forms for civil enforcement proceedings in the Military.

Article 2. Applicability

These Circular applies to agencies, units, organizations, and individuals related to civil enforcement proceedings in the Military.

Article 3. Principles of Management and Use

1. Model books and business forms for civil enforcement proceedings shall be issued, managed, and used uniformly in civil enforcement proceedings in the Military.

2. During the organization of civil enforcement proceedings, the subjects specified in Article 2 of this Circular must use the correct model books and business forms in accordance with the laws on civil enforcement proceedings.

Article 4. Model Books and Business Forms

The types of model books and business forms for civil enforcement proceedings issued together with this Circular have names, numbers, and symbols, and are managed and used uniformly, including:

1. Model book for civil enforcement proceedings (Annex I).

2. Model decision on civil enforcement proceedings (Annex II).

3. Model notice, summons, notification, minutes, and other documents for civil enforcement proceedings (Annex III). The size of civil enforcement business forms is uniformly used on A4 paper (210mm x 297mm).

Article 5. Establishment, Management, and Use of Model Books and Business Forms

1. The types of model books and business forms for civil enforcement proceedings stipulated in Article 4 of this Circular shall be established, managed, and used uniformly during the organization of the execution of court judgments and decisions in accordance with Article 2 of the Civil Enforcement Law 2008.

2. The Department of Civil Enforcement under the Ministry of National Defense is responsible for printing and distributing model books, providing software for business forms for civil enforcement proceedings to agencies under the General Staff, military regions, and the Navy Command (hereinafter referred to collectively as enforcement agencies).

3. Enforcement agencies are responsible for establishing, managing, and using all types of books fully; storing and using the software for business forms for civil enforcement proceedings issued together with this Circular.

4. During the organization of civil enforcement proceedings, based on actual circumstances, the head of the enforcement agency, enforcement officer, review officer, enforcement clerk, and staff involved in civil enforcement proceedings shall consider and decide to select appropriate business forms suitable for each civil enforcement case.

Article 6. Recording in Model Books and Business Forms

1. Entries in model books and business forms must be accurate, handwriting clear, legible, written in the same ink type, without abbreviations or symbols, without erasures, and without local language terms. For enforcement agencies that have applied information technology, the contents recorded in business forms are typed and printed by a printer.

2. Entries in model books and business forms must be continuous, without blank spaces, page numbers clearly marked, and any remaining space in the document must be crossed out at the end of recording.

Article 7. Amending Content of Business Forms Records

1. Decisions on civil enforcement that contain errors shall be implemented according to Article 37 of the Civil Enforcement Law 2008.

2. For types of notifications, letters, and summonses related to civil enforcement (collectively referred to as documents), if they have been issued with errors but do not alter the essence of the matter, the competent authority must correct the erroneous content in writing. If the errors change the essence of the matter, the competent authority must issue a document to revoke the previously issued document and replace it with a new one.

3. For erroneous minutes that need to be amended, if all participants in the case agree, the head of the civil enforcement agency, enforcement officer, review officer, court clerk, and civil enforcement staff who prepared the minutes shall directly amend the erroneous part of the minutes, while all participants must sign immediately next to the corrected portion. In cases where participants do not agree to direct amendments, the person responsible for preparing the minutes must replace them with new minutes.

Article 8. Effective Date

This Circular takes effect 45 days from the date of signature and replaces Circular No. 08/2010/TT-BQP dated January 28, 2010, issued by the Minister of National Defense regarding model books, forms, and documents for civil enforcement in the military.

Article 9. Responsibility for implementation

1. The Chief of General Staff, Commanders of Military Regions, Commander of the Vietnam Navy, relevant agencies, units, organizations, and individuals involved in civil enforcement in the military are responsible for implementing this Circular.

2. The Director of the Civil Enforcement Department is responsible for implementing this Circular.