Joint Circular No. 14/2011/TTLT-BTP-BCA-BTC-TANDTC-VKSNDTC guiding the operation of the Civil Enforcement Directive Board

JOINT CIRCULAR

Guidelines for the Operation of the Civil Enforcement Directive Board

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Pursuant to the Civil Enforcement Law 2008;

Pursuant to Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law regarding administrative bodies managing civil enforcement, civil enforcement agencies, and civil enforcement officials;

After reaching consensus with the Central Steering Committee of the Vietnam Fatherland Front;

The Ministry of Justice, the Ministry of Public Security, the Ministry of Finance, the Supreme People's Court, and the Supreme People's Procuracy provide guidelines for the operation of the Civil Enforcement Directive Board as follows:

Article 1. Functions of the Civil Enforcement Directive Board

The Civil Enforcement Directive Board advises and assists the People's Committee at the same level in performing the tasks and powers stipulated in Clause 1, Clause 2, Article 173; Clause 1, Clause 2, Article 174 of the Civil Enforcement Law and Article 13 of Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government upon the proposal of the head of the civil enforcement agency at the same levelincluding:

1. Directs the organization of coordination among relevant agencies in civil enforcement within the jurisdiction.

2. Directs the organization of compulsory enforcement of major, complex cases with significant impact on security, politics, social order, and public safety in the locality upon the proposal of the head of the civil enforcement agency at the same level.

Article 2. Tasks and Powers of the Civil Enforcement Directive Board

1. Drafts the program and plan of the People's Committee at the same level concerning the direction of coordination among relevant agencies in civil enforcement and the direction of compulsory enforcement of civil judgments as provided in Article 1 of this Joint Circular for submission to the People's Committee at the same level for decision.

2. Assists the People's Committee in implementing the program, plan, and directives of the People's Committee regarding the direction of coordination among relevant agencies in civil enforcement and the direction of compulsory enforcement of civil judgments as provided in Article 1 of this Joint Circular.

3. Proposes to the People's Committee at the same level measures to promptly address any difficulties and obstacles arising from the direction of coordination among relevant agencies in civil enforcement and the direction of compulsory enforcement of civil judgments as provided in Article 1 of this Joint Circular.

4. Advises and assists the People's Committee at the same level in directing the coordination between relevant agencies and organizations and the civil enforcement agency in the compulsory enforcement of civil judgments as provided in Article 1 of this Joint Circular.

5. Organizes inspections or coordinates with competent authorities to inspect the implementation of the conclusions of the Civil Enforcement Directive Board, the directives of the People's Committee regarding the direction of coordination among relevant agencies in civil enforcement and the direction of compulsory enforcement of civil judgments as provided in Article 1 of this Joint Circular.

6. Recommends the Chairman of the People's Committee and competent authorities to award commendations to collectives and individuals who have achieved results in civil enforcement work in the locality.

7. Suggests that competent authorities take timely measures to address violations of laws on civil enforcement.

Article 3. Tasks and authorities of the Head, Deputy Head, members, and Secretary of the Civil Enforcement Directive Board

1. Tasks and authorities of the Head of the Civil Enforcement Directive Board:

a) Directing the activities of the Civil Enforcement Directive Board to fulfill the tasks of the Civil Enforcement Directive Board;

b) Deciding on the agenda, convening, and chairing meetings of the Civil Enforcement Directive Board;

c) Assigning tasks to the Deputy Head and other members of the Civil Enforcement Directive Board to perform the work of the Civil Enforcement Directive Board;

d) Directing the coordination of activities among members of the Civil Enforcement Directive Board and relevant agencies and organizations at the local level in civil enforcement work;

đ) Deciding to inspect or appoint members of the Civil Enforcement Directive Board to coordinate with functional agencies for inspection on the implementation of directives issued by the People's Committee in civil enforcement work at the local level;

e) Being responsible before the People's Committee for the assigned tasks.

2. Tasks and authorities of the Deputy Head of the Civil Enforcement Directive Board:

a) Serving as the permanent representative of the Civil Enforcement Directive Board, representing the Head to direct the activities of the Civil Enforcement Directive Board when the Head is absent or authorized by the Head;

b) Assisting the Head in directing the activities of the Civil Enforcement Directive Board and being responsible for tasks assigned by the Head;

c) Directly handling regular tasks of the Civil Enforcement Directive Board, signing documents of the Civil Enforcement Directive Board according to the authorization of the Head to submit to the same-level People's Committee for decision on measures to direct the organization of coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular after receiving conclusions from meetings of the Civil Enforcement Directive Board;

d) Organizing meetings and working sessions of the Civil Enforcement Directive Board, preparing conditions for the Civil Enforcement Directive Board to work, drafting the budget for the Civil Enforcement Directive Board's activities to send to the same-level financial agency for consolidation and submission to the same-level People's Committee for approval;

đ) Urging the civil enforcement agency, relevant agencies, and organizations to implement directives of the same-level People's Committee regarding the organization of coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular.

3. Tasks and authorities of members of the Civil Enforcement Directive Board:

a) Fully participate in meetings of the Civil Enforcement Directive Board;

b) Proposing solutions to resolve difficulties and obstacles in directing the organization of coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular.

Being responsible for their opinions in Civil Enforcement Directive Board meetings; if exceeding authority, they must seek opinions from their unit heads and also bear personal responsibility for those opinions;

c) Within the scope of their functions, tasks, and authorities, they have the responsibility to direct or propose directions for their units' collectives and individuals to closely cooperate with the civil enforcement agency according to decisions of the Head of the Civil Enforcement Directive Board;

d) Together with their unit's leadership collective, examining and resolving issues related to directing the organization of coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular within their management functions and transmitting conclusions of Civil Enforcement Directive Board meetings to their units for coordination in implementation;

đ) Cooperating with functional agencies to inspect the implementation of directives on organizing coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular according to decisions of the Head of the Civil Enforcement Directive Board;

f) Perform other tasks assigned by the Chairman of the Civil Enforcement Directive Board;

4. Tasks and authorities of the Secretary of the Civil Enforcement Directive Board:

a) Assisting the Civil Enforcement Directive Board in developing programs and plans to direct civil enforcement work;

b) Monitoring the progress of implementing programs and plans to assist the People's Committee in directing the organization of coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular proposed by the Civil Enforcement Directive Board and the results of implementing directives of the same-level People's Committee. In case of arising issues during implementation, they must promptly report to the Head or Deputy Head of the Civil Enforcement Directive Board for resolution;

c) Propose the agenda and prepare meetings of the Civil Enforcement Directive Board, record minutes of the Board's meetings;

d) Sending programs, plans, documents on opinions or decisions of the same-level People's Committee on measures to direct the organization of coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular to members of the Civil Enforcement Directive Board, relevant agencies, organizations, and individuals for implementation;

đ) Preparing documents for reports for the Head or Deputy Head to sign and submit to the same-level People's Committee for decision on measures to direct the organization of coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular at the local level after receiving conclusions from the Civil Enforcement Directive Board;

e) Summarizing the situation, drafting draft reports on the results of implementing directives on organizing coordination among related agencies in civil enforcement and directing the organization of compulsory civil enforcement for cases stipulated in Article 1 of this Joint Circular and reporting on the activities of the Civil Enforcement Directive Board for the Head to consider and issue;

g) Performing other tasks assigned by the Head of the Civil Enforcement Directive Board.

Article 4. Establishment of the Civil Enforcement Directive Board

1. The People's Committee of the province or centrally governed city shall issue a decision to establish the Civil Enforcement Directive Board of the province or centrally governed city (hereinafter referred to collectively as the Provincial Civil Enforcement Directive Board) based on the proposal of the Director of the Civil Enforcement Office.

2. The People's Committee of the district, town, town under provincial jurisdiction, or city under provincial jurisdiction shall issue a decision to establish the Civil Enforcement Directive Board of the district, town, town under provincial jurisdiction, or city under provincial jurisdiction (hereinafter referred to collectively as the District Civil Enforcement Directive Board) based on the proposal of the Director of the Civil Enforcement Sub-office.

3. The decision to establish the Civil Enforcement Directive Board shall be implemented according to the model specified in Appendix I and Appendix II of this Joint Circular.

Article 5. Composition of the Civil Enforcement Directive Board

1. The composition of the Provincial Civil Enforcement Directive Board includes:

a) The Chairman or one Vice-Chairman of the People's Committee at the provincial level - Chairperson;

b) The Director of the Civil Enforcement Office - Deputy Chairperson;

c) Members include representatives from the leadership of the Department of Justice, the Department of Finance, the Department of Natural Resources and Environment, and the Police at the provincial level.

Invite representatives from the leadership of the People's Court, the People's Procuracy, and the Vietnam Fatherland Front at the provincial level to participate in meetings of the Provincial Civil Enforcement Directive Board;

d) In cases where necessary, the People's Committee at the provincial level may invite representatives from one or more relevant agencies or organizations at the provincial level to serve as members of the Provincial Civil Enforcement Directive Board, such as the Department of Home Affairs, the Department of Construction, or the Department of Planning and Architecture, the Department of Labor, Invalids and Social Affairs, the Department of Information and Communications, the Department of Transportation and Transport, the Social Insurance of the Province, the Military Command of the Province, the Association of War Veterans, the Women's Union of the Province, the Farmers' Association of the Province, the Communist Youth Union of Ho Chi Minh City of the Province, and other related agencies;

đ) The Secretary of the Provincial Civil Enforcement Directive Board is one civil servant of the Civil Enforcement Office.

2. The composition of the District Civil Enforcement Directive Board includes:

a) The Chairman or one Vice-Chairman of the People's Committee at the district level - Chairperson;

b) The Director of the Civil Enforcement Sub-office - Deputy Chairperson;

c) Members include representatives from the leadership of the Justice Office, the Finance Office, the Natural Resources and Environment Office, and the Police at the district level.

Invite representatives from the leadership of the People's Court, the People's Procuracy, and the Vietnam Fatherland Front at the district level to participate in meetings of the District Civil Enforcement Directive Board;

d) In cases where necessary, the People's Committee at the district level may invite representatives from relevant agencies or organizations at the district level to serve as members of the District Civil Enforcement Directive Board, such as the Home Affairs Office, the Construction Office, or the Urban Management Office, the Labor, Invalids and Social Affairs Office, the Information and Communications Office, Social Insurance, the Military Command, the Association of War Veterans, the Women's Union, the Farmers' Association, the Communist Youth Union of Ho Chi Minh City at the district level, and other related agencies;

đ) The Secretary of the District Civil Enforcement Directive Board is one civil servant of the Civil Enforcement Sub-office.

3. The Chairperson, Deputy Chairperson, members, and Secretary of the Civil Enforcement Directive Board (collectively referred to as members of the Civil Enforcement Directive Board) work on a part-time basis and are individually responsible to the Chairperson of the Civil Enforcement Directive Board for the tasks assigned to them.

Article 6. Principles of Operation of the Civil Enforcement Directive Board

1. Advise the People's Committee at the same level to perform tasks and exercise powers to direct civil enforcement work in accordance with its functions, promptly, as prescribed by law.

2. Respect the professional activities of civil enforcement agencies as prescribed by law.

3. Promote the role of coordination among levels and sectors in directing civil enforcement work within the scope of their functions and tasks, powers.

Article 7. Working System of the Civil Enforcement Directive Board

1. The Civil Enforcement Directive Board operates under a collective system. At meetings of the Civil Enforcement Directive Board, issues are discussed and deliberated collectively; thereafter, the Chairman of the Civil Enforcement Directive Board concludes; in cases where there are differing opinions, they must be recorded in the meeting minutes for reporting to the Chairman of the People's Committee at the same level for consideration and resolution. Meeting materials must be sent to members of the Civil Enforcement Directive Board three days prior to the date of the meeting. Absent members must provide their opinions in writing on the content of civil enforcement cases that the Civil Enforcement Directive Board will discuss for the Secretary of the Civil Enforcement Directive Board to report at the meeting.

Conclusions of the Civil Enforcement Directive Board must reflect the opinions of attending members, signed by the Chairman or a person authorized by the Chairman.

2. During the implementation of conclusions, if any issues arise, the Civil Enforcement Directive Board shall convene a meeting to analyze and assess, and propose solutions to address those issues.

3. The Civil Enforcement Directive Board meets regularly once every quarter and may convene extraordinary meetings upon request of the Chairman or proposal of the Deputy Chairman.

4. Members participating in the activities of the Civil Enforcement Directive Board and performing tasks assigned by the Chairman of the Civil Enforcement Directive Board.

Article 8. Information and Reporting System of the Civil Enforcement Directive Board

1. Programs and plans for directing civil enforcement work and directives of the People's Committee at the same level must be sent to members of the Civil Enforcement Directive Board, relevant agencies, and organizations for implementation.

2. The Civil Enforcement Directive Board reports to the People's Committee at the same level on each case of civil enforcement compulsion; reports quarterly, semi-annually, and annually to the People's Committee at the same level, the People's Committee of the province, and the provincial civil enforcement agency (for the county-level Civil Enforcement Directive Board); reports to the provincial People's Committee, the Civil Enforcement General Department under the Ministry of Justice (for the provincial-level Civil Enforcement Directive Board). Reports may be made urgently upon request of the competent authority.

Article 9. Work Relations of the Civil Enforcement Directive Board

1. Work relations between the Civil Enforcement Directive Board and relevant agencies and organizations at the local level:

a) The Civil Enforcement Directive Board is directly subject to the direction of the People's Committee at the same level regarding directing and managing operations, coordinating with relevant agencies and organizations with the civil enforcement agency in civil enforcement work;

b) The Civil Enforcement Directive Board closely coordinates with relevant agencies and organizations at the local level to leverage the combined strength of the political system, creating favorable conditions for civil enforcement work;

c) The provincial-level Civil Enforcement Directive Board promptly directs, guides, and responds to requests for advice from the county-level Civil Enforcement Directive Board. The county-level Civil Enforcement Directive Board implements directives and guidance from the provincial-level Civil Enforcement Directive Board; if there are difficulties or obstacles, they must promptly report to the provincial-level Civil Enforcement Directive Board.

2. Work relations between the Civil Enforcement Directive Board and the civil enforcement agency:

a) The Civil Enforcement Directive Board promptly convenes meetings to discuss measures to direct cooperation and organize civil enforcement compulsion according to the proposals of the head of the civil enforcement agency at the same level;

b) The civil enforcement agency proactively performs its tasks and powers to assist the People's Committee at the same level in directing the organization of cooperation among related agencies in civil enforcement on the territory and directing the organization of compulsion for major, complex cases with significant impact on security, politics, social order, and safety in the locality as stipulated in Clause 6, Article 14 and Clause 6, Article 16 of the Civil Enforcement Law. In cases of difficulties or obstacles in performing tasks and powers, they must promptly report to the Civil Enforcement Directive Board to advise and assist the People's Committee in directing resolution.

Article 10. Numbering of documents and use of seals

Documents of the Civil Enforcement Directive Board shall be numbered and use seals in accordance with Circular No. 01/2011/TT-BNV dated January 19, 2011, issued by the Ministry of Home Affairs guiding the format and presentation techniques for administrative documents.

Article 11. Operating funds of the Civil Enforcement Directive Board

1. The operating budget of the Civil Enforcement Directive Board shall be guaranteed by the local budget and provided through the civil enforcement agency at the same level.

Annually, the civil enforcement agency shall prepare a budget estimate and submit it to the financial authority at the same level for consolidation into the budget estimate to be reported to the People's Committee at the same level for consideration and approval in accordance with the state budget regulations.

2. Members of the Civil Enforcement Directive Board shall enjoy allowances as decided by the Chairman of the People's Committee at the same level and allowances for compulsory civil enforcement when participating in compulsory civil enforcement.

The amount and source of allowances for compulsory civil enforcement for members of the Civil Enforcement Directive Board shall be implemented in accordance with the laws on costs for compulsory civil enforcement.

Article 12. Implementation Provisions

1. This Circular shall take effect from September 30, 2011.

2. Civil Enforcement Directive Boards established and operating under the Model Regulation on the organization and operation of Civil Enforcement Directive Boards at provincial and district levels issued together with Decision No. 96/2002/QĐ-BTP dated March 22, 2002, of the Minister of Justice shall continue their operations but must be reorganized and operate in accordance with this Joint Circular within a period not exceeding 45 days from the date this Joint Circular takes effect.

Decision No. 96/2002/QĐ-BTP dated March 22, 2002, of the Minister of Justice on the issuance of the "Model Regulation on the organization and operation of Civil Enforcement Directive Boards at provincial and district levels" shall cease to be effective from the date this Joint Circular takes effect.

3. In the course of implementation, if there are any difficulties or obstacles, the relevant agencies, organizations, individuals, and Civil Enforcement Directive Boards are requested to report to the Ministry of Justice or the Ministry of Public Security, the Ministry of Finance, the Supreme People's Court, and the Supreme People's Procuracy for timely coordination and resolution./.