Joint Circular No. 141/2010/TTLT-BQP-BTP guiding the coordination in implementing state management over civil enforcement in the Military

JOINT CIRCULAR

Guidelines for coordination in implementing state management over civil enforcement proceedings in the Military

 in civil enforcement proceedings within the Military

Pursuant to the Law on Legislative Acts of 03 June 2008;

Pursuant to the Civil Enforcement Law on November 14, 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 on agencies managing civil enforcement proceedings, civil enforcement agencies, and civil enforcement officers,

To effectively implement state management over civil enforcement proceedings in the Military, the Ministry of National Defense and the Ministry of Justice hereby agree as follows:

Article 1. Scope of Regulation

This Circular guides the coordination between the Ministry of National Defense and the Ministry of Justice in state management over civil enforcement proceedings in the Military.

Article 2. Responsibilities of the Ministry of National Defense

1. The Minister of National Defense shall coordinate with the Minister of Justice to submit to the Government, the Prime Minister for consideration and decision, or to competent authorities for consideration and decision draft laws, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly; draft resolutions, decrees of the Government on civil enforcement proceedings in the Military; national strategies, programs, projects, plans for long-term, five-year periods, draft decisions, directives of the Prime Minister, draft reports to the National Assembly, reports to the Government on civil enforcement proceedings in the Military as prescribed by law.

2. The Ministry of National Defense shall take the lead in coordinating with the Ministry of Justice to organize recruitment examinations for Enforcement Officers of the Civil Enforcement Office; to summarize work on civil enforcement proceedings in the Military.

3. The Minister of National Defense shall coordinate with the Minister of Justice to carry out the following:

a) Appointing, dismissing, and performing other matters related to the positions of Junior Enforcement Officer, Intermediate Enforcement Officer, Senior Enforcement Officer; appointing positions of Reviewer, Chief Reviewer, Senior Reviewer for civil enforcement in the Military;

b) Training and enhancing professional skills in civil enforcement proceedings for Enforcement Officers, Reviewers, Secretaries, and staff engaged in civil enforcement proceedings in the Military;

c) Implementing international cooperation in civil enforcement proceedings in the Military;

d) Performing other tasks related to state management of civil enforcement proceedings in the Military as prescribed by law.

Within thirty days from the date of issuance of the decision, the Minister of National Defense shall notify in writing the Minister of Justice of the following contents:

a) Decision on establishment, merger, transfer, dissolution of the Civil Enforcement Office;

b) Decision on appointment, reappointment, dismissal, resignation, removal from office of the Director, Deputy Director of the Civil Enforcement Department under the Ministry of National Defense;

c) Decision on appointment, reappointment, dismissal, resignation, removal from office of the Head, Deputy Head of the civil enforcement agency at the military region;

d) Regulation on structure, number, staffing of Reviewers, Chief Reviewers, Senior Reviewers for civil enforcement in the Military as prescribed by law;

đ) Decision on establishment of the Examination Board, proposal for appointment of Reviewers for civil enforcement in the Military;

e) Decision on transfer of Enforcement Officers, Reviewers from this Civil Enforcement Office to another Civil Enforcement Office and the Civil Enforcement Department under the Ministry of National Defense.

Article 3. Responsibilities of the Ministry of Justice

1. The Minister of Justice shall coordinate with the Minister of National Defense to implement the contents stipulated in Article 2 of this Circular and in accordance with the provisions of the law.

2. Within thirty days from the date of receipt of the request, the Minister of Justice shall examine and decide, and notify in writing to the Minister of National Defense the following contents:

a) Establishment and change of members of the Examination Board for Enforcement Officers of the Civil Enforcement Office;

b) Appointment, removal, and implementation of other related matters concerning the positions of Junior Enforcement Officer, Intermediate Enforcement Officer, and Senior Enforcement Officer of the Civil Enforcement Office in accordance with the provisions of the law;

c) Appointment, issuance, and revocation of cards for the positions of Reviewer, Chief Reviewer of the Civil Enforcement Office and Reviewer, Chief Reviewer, and Senior Reviewer of the Civil Enforcement Department under the Ministry of National Defense in accordance with the provisions of the law;

d) Commendation or recommendation to competent authorities for commendation for individuals and collectives of the Civil Enforcement Department under the Ministry of National Defense and the Civil Enforcement Office that have achieved outstanding results in civil enforcement work.

Article 4. Responsibilities of the Director of the Civil Enforcement Department under the Ministry of National Defense

Coordinate with the General Director of the Civil Enforcement General Department under the Ministry of Justice to assist the Minister of National Defense in coordinating with the Minister of Justice to implement the tasks and powers stipulated in this Circular and shall be responsible for:

1. Completing files and procedures to submit to the General Director of the Civil Enforcement General Department under the Ministry of Justice for the Minister of Justice to decide on the tasks and powers stipulated in Article 3 of this Circular.

2. The file requesting the Minister of Justice to decide on the establishment and change of members of the Examination Board for Enforcement Officers of the Civil Enforcement Office includes:

a) List of persons participating in the Examination Board for Enforcement Officers of the Civil Enforcement Office;

b) Request letter from the Minister of National Defense.

3. The file requesting the Minister of Justice to appoint, remove, and dismiss positions of Junior Enforcement Officer, Intermediate Enforcement Officer, and Senior Enforcement Officer in civil enforcement within the military includes:

a) The file requesting appointment of an Enforcement Officer includes: For cases appointed through examination, the relevant examination files; the request letter from the Examination Board for Enforcement Officers of the enforcement agency at the military region (attached with examination results); for people currently serving as officers in the military, concurrently as Judge, Inspector, Investigator, and other cases according to the law transferred to the enforcement agency at the military region, the voluntary application form to become an Enforcement Officer at the military region; brief resume of the officer with attached photograph (Excerpt 63) according to the model of the Ministry of National Defense; self-assessment report of the selected and appointed Enforcement Officer; assessment and evaluation report of the Military Region Party Committee, Naval Zone Party Committee, General Staff Party Committee - Ministry of National Defense for the person proposed for appointment; declaration of assets and income; copies of diplomas, certificates, and other relevant documents; the request letter for appointment of an Enforcement Officer from the Ministry of National Defense;

b) The file requesting removal and other related matters concerning Enforcement Officers: Implemented in accordance with Decree No. 74/2009/ND-CP dated September 9, 2009 of the Government; other documents according to the law and the Regulations on Military Management of the Vietnam People's Army accompanied by the request letter from the Ministry of National Defense;

4. The file requesting the Minister of Justice to appoint positions of Reviewer, Chief Reviewer, and Senior Reviewer in civil enforcement within the military includes:

a) Self-assessment and evaluation report of the cadre; brief resume of the cadre with attached photograph (Excerpt 63) according to the model of the Ministry of National Defense; declaration of assets and income; relevant diplomas, certificates, and other documents; assessment report of the Director of the Civil Enforcement Department under the Ministry of National Defense, Head of the Civil Enforcement Office;

b) Request letter from the Military Region Party Committee, Naval Zone Party Committee, General Staff Party Committee - Ministry of National Defense, Civil Enforcement Department Party Committee under the Ministry of National Defense for the person proposed for appointment;

c) Results of the review board for the appointment of Reviewers in civil enforcement within the military; request letter for appointment of a Reviewer from the Ministry of National Defense.

5. Issuance and revocation of Enforcement Officer and Reviewer cards in the military shall be implemented in accordance with Article 34 of Decree No. 74/2009/ND-CP.

6. The file requesting the Minister of Justice to decide on commendation or recommendation to competent authorities for commendation for individuals and collectives of the Civil Enforcement Department under the Ministry of National Defense and the Civil Enforcement Office that have achieved outstanding results in civil enforcement work shall be implemented in accordance with the Law on Competition and Reward; request letter from the Minister of National Defense.

6. The dossier for the Minister of Justice to decide on rewarding or proposing competent authorities to reward individuals or groups of the Execution Office under the Ministry of National Defense, the Civil Enforcement Department achieving outstanding achievements in civil enforcement work shall be carried out in accordance with the provisions of the Law on Competition and Rewards; the proposal letter of the Minister of National Defense.

Article 5. Responsibilities of the Director of the Civil Enforcement General Department under the Ministry of National Defense

1. Coordinate with the Director of the Civil Enforcement Department under the Ministry of National Defense to assist the Minister of Justice in coordinating with the Minister of National Defense to implement the tasks and powers stipulated in this Circular and shall be responsible for:

a) Completing files and procedures, advising and proposing opinions to the Minister of Justice for decisions on the tasks and powers specified in Article 3 of this Circular;

b) Participating in the Examination Board for Enforcement Officers of the Enforcement Office.

2. Notify the Director of the Civil Enforcement Department under the Ministry of National Defense:

a) Quotas, training programs, and professional development programs for civil enforcement;

b) The convocation, number, and composition of the Civil Enforcement Department under the Ministry of National Defense, the Enforcement Office attending the mid-term and final review meetings on judicial work, civil enforcement work, implementation of regulatory legal documents; training conferences and seminars related to civil enforcement work organized by the Ministry of Justice;

c) Quotas and composition of participants in survey and study delegations on civil enforcement abroad as prescribed by law.

Article 6. Effectiveness

This Circular takes effect 45 days from the date of signature, replacing Circular Joint Circular No. 14/2006/BQP-BTP dated January 16, 2006 of the Ministry of National Defense - Ministry of Justice guiding the implementation of state management of civil enforcement in the military.

Article 7. Implementation Organization

The Civil Enforcement Department under the Ministry of National Defense, the Civil Enforcement General Department under the Ministry of Justice shall coordinate with relevant agencies to assist the Minister of National Defense and the Minister of Justice in implementing state management of civil enforcement in the military./.