Joint Circular No. 14/2006/TTLT-BQP-BTP guiding the implementation of state management over civil enforcement proceedings in the military

JOINT CIRCULAR

GUIDELINES FOR THE IMPLEMENTATION OF STATE ADMINISTRATION OVER CIVIL EXECUTION WORK IN THE ARMED FORCES

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Pursuant to Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

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;

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

The Ministry of National Defense and the Ministry of Justice provide guidelines for the implementation of state administration over civil execution work in the armed forces as follows

 I. MANAGEMENT AGENCIES AND EXECUTION AGENCIES IN THE ARMED FORCES

1. The Civil Execution Bureau under the Ministry of National Defense is the agency managing civil execution in the armed forces:

a) The Civil Execution Bureau under the Ministry of National Defense assists the Minister of National Defense in performing the function of state management over civil execution in the armed forces as stipulated in Article 8 of Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government and other tasks assigned by the Ministry of National Defense;

b) The Civil Execution Bureau under the Ministry of National Defense is directly guided by the Minister of National Defense and is subject to administrative military management by the General Staff.

2. Military Region Civil Execution Agencies and equivalent agencies are execution agencies in the armed forces:

a) Military Region Civil Execution Agencies and equivalent agencies as defined in Clause 3, Article 3 of Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government include: Civil Execution Agency of Military Region 1, 2, 3, 4, 5, 7, 9, Military Region Capital and Naval Zone (hereinafter referred to collectively as Civil Execution Agencies at the Military Region level);

b) Civil Execution Agencies at the Military Region level perform tasks and exercise powers as prescribed in Article 14 of Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government and other tasks assigned by the Commander of the Military Region;

c) Civil Execution Agencies at the Military Region level are directly guided by the Commander of the Military Region according to the Civil Execution Law 2004 and the Ministry of National Defense, while being subject to business guidance, direction, inspection, and control by the Civil Execution Bureau under the Ministry of National Defense and administrative military management by the Military Region Staff.

3. The Civil Execution Department under the Ministry of National Defense and Civil Execution Agencies at the Military Region level are part of the national system of civil execution management agencies and civil execution agencies organized within the Armed Forces to manage and organize the enforcement of court judgments and decisions in accordance with the law.

II. COOPERATION BETWEEN THE MINISTRY OF NATIONAL DEFENSE AND THE MINISTRY OF JUSTICE IN CIVIL EXECUTION WORK

The Minister of National Defense cooperates with the Minister of Justice to assist the Government in state management over civil execution in the armed forces, which is reflected in specific aspects as follows:

1. The Ministry of National Defense cooperates with the Ministry of Justice to implement the following contents:

a) Proposing and recommending the drafting of normative legal documents on civil execution for submission to competent authorities for issuance;

b) Issuing normative legal documents related to the joint management of state administration over civil execution in the armed forces;

c) Regularly or urgently reporting on the situation of civil execution work in the armed forces to the Ministry of Justice for consolidation and reporting to the Government;

d) Training sources for the appointment of Enforcement Officers and some other judicial positions within the Civil Execution Bureau under the Ministry of National Defense and Civil Execution Agencies at the Military Region level;

e) Summoning components from the Civil Execution Bureau under the Ministry of National Defense and Civil Execution Agencies at the Military Region level to attend conferences on summarizing judicial work and civil execution work, and implementing legal documents on civil execution organized by the Ministry of Justice;

g) Organizing training conferences and specialized conferences on civil execution work;

h) Implementing management of the Civil Execution Reviewer rank in the armed forces; unifying opinions before submitting to the Minister of Interior for issuance of standards for the Civil Execution Reviewer rank at the Military Region level, standards for the Civil Execution Reviewer, Senior Civil Execution Reviewer, and Senior Civil Execution Reviewer of the Civil Execution Bureau under the Ministry of National Defense;

i) Submitting to competent authorities for issuance of regulations and policies for Enforcement Officers, Reviewers, and other positions of Civil Execution Agencies at the Military Region level; Reviewers and other positions of the Civil Execution Bureau under the Ministry of National Defense;

k) Implementing international cooperation tasks in civil execution.

2. The Minister of National Defense decides and notifies in writing to the Minister of Justice the following contents:

a) Decisions on appointing, dismissing, or removing from office the Director and Deputy Director of the Civil Execution Bureau under the Ministry of National Defense;

b) Decisions on appointing, dismissing, or removing from office the Head and Deputy Head of Civil Execution Agencies at the Military Region level;

c) Decisions on transferring Enforcement Officers and Reviewers from one Civil Execution Agency at the Military Region level to another; transferring Reviewers between Civil Execution Agencies at the Military Region level and the Civil Execution Bureau under the Ministry of National Defense;

d) Decisions on establishing or dissolving Civil Execution Agencies at the Military Region level.

3. The Minister of Justice decides based on the proposal of the Minister of National Defense and competent authorities under the Ministry of National Defense on the following contents:

a) Decisions on establishing Selection Boards and changing members of Selection Boards for Enforcement Officers of Civil Execution Agencies at the Military Region level;

b) Decisions on appointing, dismissing, removing from office, issuing, and revoking Enforcement Officer cards for Enforcement Officers of Civil Execution Agencies at the Military Region level in accordance with the law;

c) Decisions on rewarding or proposing competent authorities to reward individuals and collectives of the Civil Execution Bureau under the Ministry of National Defense and Civil Execution Agencies at the Military Region level who have achieved outstanding results in civil execution work. The criteria, forms, procedures, and rewards for individuals and collectives of the Civil Execution Bureau and Civil Execution Agencies at the Military Region level are implemented in accordance with the law and the Minister of Justice.

III. IMPLEMENTATION

1. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular Jointly Issued by the Ministry No. 1108/TTLB dated August 16, 1993 of the Ministry of National Defense - Ministry of Justice "Guidelines for Implementing Certain Points of Decree No. 30/CP dated June 2, 1993 of the Government and Directive No. 266/TTg dated June 2, 1993 of the Prime Minister on Civil Enforcement Work".

2. The Execution Office under the Ministry of National Defense and the Civil Execution Office under the Ministry of Justice shall be responsible for coordinating with relevant functional agencies to assist the Minister of National Defense and the Minister of Justice in managing civil enforcement work in the military as stipulated in Section II of this Circular. In the course of implementation, if there are any difficulties, they are requested to report to the Ministry of National Defense and the Ministry of Justice for study and resolution.

In the course of implementation, if there are any difficulties, they are requested to report to the Ministry of National Defense and the Ministry of Justice for study and resolution./.