Decision No. 141/QD-QLTA-THA Issuing Regulations on分级管理各郡、县、市镇、省辖市人民法院和执行处、执行队的组织方面

Pursuant to …;

Issuing Regulations on the分级管理人民法院组织的分级管理

区、县、市镇和省辖市以及执行局和执行队

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THE MINISTER OF JUSTICE

根据《人民法院组织法》；

根据《民事执行令》；

根据政府第30/CP号1993年6月4日决定关于民事执行机关职能、任务和权限及执行员的规定；

根据司法部和中央机构编制委员会联合通令第12/TTLB号1993年7月26日关于地方司法机关职能、任务、权限和组织的规定；

经过组织干部培训局局长、地方法院管理局局长和民事执行管理局局长的提议；

DECISION:

Article 1. 本决定附带发布关于区、县、市镇和省辖市人民法院组织的分级管理和执行局、执行队的分级管理规定。

Article 2. 同志司法厅长负责执行本决定。

同志办公厅主任、组织干部培训局局长、地方法院管理局局长和民事执行管理局局长负责指导和检查本决定的实施情况。/

REGULATIONS

关于区、县、市镇和省辖市人民法院组织的分级管理和执行局、执行队

（根据司法部长1994年3月21日第141/QD-QLTA-THA号决定发布）

(Issued together with Decision No. 141/QĐ-QLTA-THA dated March 21, 1994 of the Minister of Justice)

||| Minister of Justice)

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Article 1. The Director of the Department of Justice assists the Minister of Justice in managing the organization of the People's Courts at the district, county, city town, and provincial city levels in the following areas:

1. Inspecting and urging the completion of the organizational structure of the courts under their management according to the guidelines of the Ministry of Justice:

Preparing plans and staffing quotas for the courts under their management and submitting them to the Minister of Justice for decision.

Deciding on the allocation of staff positions for each court under their management after approval by the Minister of Justice;

2. Recruiting and accepting civil servants within the approved staffing quota of the courts under their management according to the established job titles and standards and the guidelines of the Ministry of Justice;

3. Transferring and reassigning civil servants of the courts under their management, except Judges;

4. Preparing personnel and files for the selection and appointment of Judges of the courts under their management according to regulations and the guidelines of the Ministry of Justice;

5. Deciding on salary increments for civil servants of the courts under their management after approval by the Minister of Justice;

6. Developing and implementing planning and training programs according to the standards of civil servant ranks and the guidelines of the Ministry of Justice;

7. Deciding on commendations; proposing the Minister of Justice or the Chairman of the People's Committee of the province or centrally-administered city to award rewards to collectives and individuals according to current reward systems;

8. Deciding on disciplinary actions against civil servants of the courts under their management according to current regulations, except for the dismissal of Judges; in cases of compulsory resignation of senior specialists, reports must be made to the Minister of Justice for comments before making decisions;

Preparing files for the removal or dismissal of Judges who violate discipline in the courts under their management;

9. Within their functions and responsibilities, inspecting the work of the courts under their management; conducting inspections and handling complaints and accusations against civil servants of these courts, except complaints about judgments;

When implementing the tasks stipulated in this Article, the Director of the Department of Justice should consult with the Chief Judge of the courts under their management, and coordinate with the Chief Judge of the Provincial People's Court according to the provisions of the Coordinating Regulation No. 91/TP-TA dated January 19, 1994 issued by the Minister of Justice and the Chief Judge of the Supreme People's Court.

Article 2. The Director of the Department of Justice assists the Minister of Justice in managing the organizational aspects of Execution Departments and Execution Teams in the following areas of work:

1. Inspecting and urging the completion of the organizational structure of Execution Departments and Execution Teams according to the guidelines of the Ministry of Justice.

Developing and implementing plans for staffing quotas and the number of Enforcement Officers of Execution Departments and Execution Teams; allocating staffing quotas and the number of Enforcement Officers of Execution Teams according to the guidelines of the Ministry of Justice;

2. Recruiting and accepting civil servants of Execution Departments and Execution Teams within the staffing quota already allocated, in accordance with the job titles and civil servant standards that have been issued and the guidelines of the Ministry of Justice;

3. Transferring and reassigning civil servants of Execution Departments and Execution Teams; for the transfer and reassignment of Enforcement Officers and Chief Enforcement Officers of Execution Departments and Execution Teams, prior approval from the Minister of Justice must be obtained before making the decision;

4. Preparing personnel and appointment files for Enforcement Officers and Chief Enforcement Officers of Execution Departments and Execution Teams according to the guidelines of the Ministry of Justice;

5. Proposing the Minister of Justice to issue decisions on increasing salary grades for Enforcement Officers, Chief Enforcement Officers, and Senior Specialists of Execution Departments;

Deciding on increasing salary grades for other civil servants of Execution Departments; Enforcement Officers, Chief Enforcement Officers, and other civil servants of Execution Teams after obtaining approval from the Minister of Justice;

6. Developing and implementing planning and training programs according to the standards of civil service ranks of Execution Departments and Execution Teams according to the guidelines of the Ministry of Justice;

7. Deciding to award commendations; proposing the Minister of Justice or the Chairman of the People's Committee of the province or centrally governed city to reward groups and individuals of Execution Departments and Execution Teams according to the current reward system;

8. Deciding on disciplinary actions against civil servants of Execution Departments and Execution Teams; in cases of forced termination of employment, a report seeking the opinion of the Minister of Justice must be submitted before making the decision;

Deciding to temporarily suspend work according to the current regulations for Enforcement Officers and Chief Enforcement Officers who violate discipline, while immediately reporting to the Minister of Justice and being responsible for their own decisions;

Preparing files for the removal and dismissal of Enforcement Officers and Chief Enforcement Officers who violate discipline of Execution Departments and Execution Teams, proposing the Minister of Justice to consider and decide;

9. Inspecting the work of Execution Departments and Execution Teams; conducting inspections and resolving complaints and accusations against civil servants of Execution Departments and Execution Teams, except for complaints about execution procedures;

When performing tasks as stipulated in this Article, the Director of the Department of Justice consults the opinions of the Heads of Execution Departments, the Heads of the Department of Justice, and the Team Leaders of Execution Teams.