CIRCULAR

Provisions on分级管理公务员和领导管理机关的公务员

执行民事判决机关和执行民事判决机关

____________________________________

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Enforcement Law on November 14, 2008;

根据2009年9月9日第74/2009/NĐ-CP号政府法令关于详细规定并指导实施《民事执行法》中有关民事执行管理机关、执行机关和从事民事执行工作的公务员的一些条款；

根据2010年3月8日第21/2010/NĐ-CP号政府法令关于公务员编制管理；

根据2010年3月15日第24/2010/NĐ-CP号政府法令关于招聘、使用和管理公务员的规定，以及2010年8月31日第93/2010/NĐ-CP号政府法令对2010年3月15日第24/2010/NĐ-CP号政府法令关于招聘、使用和管理公务员的部分条款进行修改；

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

为了满足管理要求，司法部规定了分级管理公务员和领导管理公务员（以下简称领导公务员） 在以下称为 领导公务员  在民事执行管理机关 和执行民事判决机关（以下简称民事执行行业） as follows: 

PART I

GENERAL PROVISIONS

第一条 民事执行行业公务员和领导公务员的管理内容

1. 管理属于分级管理范围内的公务员和领导公务员的数量、标准；任命职级、定薪、定期晋升、提前晋升、超期年限补贴、职业年限补贴、职务责任补贴等，并按照法律规定。

2. 招聘、使用属于管理权限范围内的公务员和领导公务员。

3. 管理根据分工、分级和法律规定确定的公务员和领导公务员的职位和编制。

4. 评估，规划、培训、提升公务员 和领导公务员 recruited according to the recruitment decision.

5. 调动、轮换、借调、任命、重新任命、免职、辞职或解除职务。

6. 实施工资制度和其他激励政策待遇，针对属于管理权限范围内的公务员、领导公务员和员工。

7. 实施表彰奖励、纪律工作，针对公务员、领导公务员或者 提请有权限的机构根据 本通函和司法部部长关于民事执行行业分级表彰奖励的规定提出表彰奖励、纪律处分。 2. 实施离职、退休制度，允许公务员、领导公务员因私出国。 9. 实施统计、报告统计和管理公务员、领导公务员档案的规定。

10. 指导、监督、检查公务员和领导公务员在管理范围内遵守法律规定的执行情况。

11. 根据分级和法律规定处理申诉和控告。

12. 其他按法律规定管理公务员和领导公务员的内容。

第二条 民事执行行业公务员和领导公务员分级管理原则

1. 确保民主集中制原则，基层党组织的领导，同时充分发挥机关领导班子的责任，特别是机关主要领导在管理分级范围内的公务员和领导公务员中的作用。

确保公开透明，严格执行反腐败措施，在公务员管理工作中，符合党、国家的规定和司法部长统一管理的要求。加强省级党委常委会、市委和省人民政府；县级党委常委会、市委、区委和县人民政府在规划、培训、提升、轮换、安排、调动、任命、表彰奖励、纪律处分和其他政策实施方面的合作，针对省级、县级民事执行机关的正副职。

3. 分级管理与责任制相结合，同时加强上级对被分配管理公务员和领导公务员的机关、单位主要领导的责任监督。

2. 公务员和领导公务员

民事执行行业

Chapter II

CLASSIFICATION MANAGEMENT OF PUBLIC OFFICIALS AND LEADERS

CIVIL ENFORCEMENT INDUSTRY

Article 3. Tasks and Authorities of the Minister of Justice in Managing Civil Servants and Leaders in the Enforcement of Civil Judgments Sector

The Minister of Justice manages the entire workforce of civil servants and leaders in the Enforcement of Civil Judgments sector according to the Law on Enforcement of Civil Judgments, Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government, regulations on cadres and civil servants, and directly implements the following contents::

1. Decides on the content of recruitment examinations and selection for civil servants and leaders in the Enforcement of Civil Judgments sector in accordance with the law; manages the program for professional knowledge and skill enhancement;

2. Leads and coordinates with the Ministry of Home Affairs and relevant agencies to develop systems and policies for civil servants and leaders in the Enforcement of Civil Judgments sector to be submitted to the Government and the Prime Minister;

3. Leads and coordinates with the Ministry of Home Affairs to establish professional standards for positions within the Enforcement of Civil Judgments sector; coordinates with the Ministry of Home Affairs to organize promotion examinations in accordance with the law for positions within the Enforcement of Civil Judgments sector; organizes recruitment examinations and coordinates to organize recruitment examinations for Enforcement Officers in accordance with the law;

4. Approves plans and programs for long-term and annual training and enhancement for civil servants and leaders in the Enforcement of Civil Judgments sector;

5. Specifies the structure of civil servants and leaders of the General Department of Civil Judgment Enforcement, Provincial Civil Judgment Enforcement Departments (hereinafter referred to as Provincial Civil Judgment Enforcement Departments), County Civil Judgment Enforcement Branches, District Civil Judgment Enforcement Branches, City Civil Judgment Enforcement Branches under provinces (hereinafter collectively referred to as County Civil Judgment Enforcement Branches);

6. Assigns quota staffing for:

a) The Civil Enforcement General Bureau;

b) Total staffing of Provincial Civil Judgment Enforcement Departments and County Civil Judgment Enforcement Branches nationwide;

7. Implements management contents of civil servants and leaders specified in Article 1 of this Circular for the following leadership positions and civil servant titles in the Enforcement of Civil Judgments sector: a) Director-General, Deputy Director-General, Department Heads and equivalent positions, Deputy Department Heads and equivalent positions, Senior Enforcement Reviewer rank, Senior Specialist rank, and other equivalent civil servant ranks within the General Department of Civil Judgment Enforcement;

b) Directors and Deputy Directors of Provincial Civil Judgment Enforcement Departments;

c) Senior Enforcement Officer rank, Senior Enforcement Reviewer rank, and other equivalent civil servant ranks in the Enforcement of Civil Judgments sector;

8. Decides on the appointment, dismissal, and removal from office of Junior and Intermediate Enforcement Officers; 9. Decides on the appointment, promotion, and transfer of Senior Enforcement Reviewers, Senior Specialists, and other equivalent civil servant ranks in accordance with the law;

10. Decides on the transfer and rotation of civil servants and leaders between the General Department and other units under the Ministry and vice versa;

11. Decides on sending civil servants and leaders in the Enforcement of Civil Judgments sector abroad for study and work; decides on allowing the Director-General, Deputy Director-General, Department Heads and equivalent positions within the General Department of Civil Judgment Enforcement, and Directors of Provincial Civil Judgment Enforcement Departments to travel abroad for personal matters in accordance with the law and the Ministry of Justice's Foreign Relations Regulations;

Inspects and checks the implementation of tasks and authorities delegated in this Circular to the Director-General of the General Department of Civil Judgment Enforcement and the Director of Provincial Civil Judgment Enforcement Departments. In necessary cases, temporarily suspends the implementation of delegated tasks and authorities to handle according to regulations. Revokes or requests the recall of decisions made by the Director-General of the General Department of Civil Judgment Enforcement regarding the management of civil servants and leaders that are inconsistent with legal provisions and management requirements of the sector.

13. Implements other management and utilization contents of civil servants in accordance with the law.

12. The Minister of Justice delegates some tasks and authorities regarding the management of civil servants and leaders in the Enforcement of Civil Judgments sector stipulated in this Article to the Deputy Minister responsible for civil judgment enforcement work in accordance with the Working Regulations of the Party Cadre Committee of the Ministry of Justice and the Working Regulations of the Ministry of Justice. The Deputy Minister is responsible before the Minister and the law for the implementation of assigned tasks and authorities.

Authority of the Director-General of the General Department of Civil Judgment Enforcement

The Director-General of the General Department of Civil Judgment Enforcement manages civil servants and leaders in the Enforcement of Civil Judgments sector

Article 4in accordance with the Law on Enforcement of Civil Judgments, Decree No. 74/2009/NĐ-CP dated September 9, 2009 of the Government, regulations on cadres and civil servants, and leaders, and is authorized by the Minister to implement the following tasks and authorities:

1. Assigns quota staffing according to the organizational structure and cadre approved by the Minister of Justice for: a) Departments and equivalent organizations under the General Department of Civil Judgment Enforcement; b) Provincial Civil Judgment Enforcement Departments nationwide;:                      

c) Total staffing of County Civil Judgment Enforcement Branches in each province and centrally-administered city nationwide;

Implements management contents of civil servants and leaders specified in Article 1 of this Circular for civil servants and leaders under the General Department of Civil Judgment Enforcement, except those contents within the decision-making authority of the Minister stipulated in Article 3 of this Circular;

3. Decides on approving planning, transfer, rotation, detail assignment, appointment, reappointment, dismissal, resignation, removal from position, and removal from office of Chief Accountants, Heads of Departments and equivalent positions under Provincial Civil Judgment Enforcement Departments and County Civil Judgment Enforcement Branch Directors;

4. Approves the following management contents:

2. a) Results of recruitment examinations for civil servants and leaders of

Provincial and County Civil Judgment Enforcement Departments nationwide

b) Acceptance of civil servants and leaders transferred from other agencies to work at the General Department, Provincial Civil Judgment Enforcement Departments, and County Civil Judgment Enforcement Branches nationwide, or transferring civil servants and leaders of the General Department, Provincial Civil Judgment Enforcement Departments, and County Civil Judgment Enforcement Branches nationwide

to other positions, except for cases within the decision-making authority of the Minister of Justice.;

b) Receive civil servants and civil servant leaders from other agencies to work at the National Enforcement Agency General Department, Enforcement Agency Department, and Enforcement Agency Branch, or transfer civil servants and civil servant leaders of the National Enforcement Agency General Department, Enforcement Agency Department, and Enforcement Agency Branch; transfer civil servants, except for cases within the authority of the Minister of Justice to decide;

c) Approve the transfer of work for primary enforcement officers, intermediate enforcement officers; review officers, chief review officers executing judgments who move out of the National Enforcement Agency Office and Local Enforcement Agencies, except cases related to leadership positions within the authority of the Minister of Justice to decide.

5. Appoint to ranks and transfer ranks for review officers executing judgments under the National Enforcement Agency Office and Local Enforcement Agencies.

6. Decide on the dispatch of civil servants, leadership civil servants under the General Department, except cases within the authority of the Minister to decide as stipulated in Article 3 of this Circular, Deputy Directors of the Enforcement Agency Office, Chief Accountants of the Enforcement Agency Office, intermediate enforcement officers, chief review officers and equivalent or higher positions going abroad for personal matters.

7. Decide on the dispatch of civil servants, leadership civil servants under the General Department, Directors, Deputy Directors of the Enforcement Agency Office for domestic training and capacity building according to approved plans.

8. Decide on the transfer, rotation, and assignment of civil servants of the Enforcement Agency Office, Local Enforcement Agencies from one province or city to another and back to the National Enforcement Agency, except cases within the authority of the Minister of Justice to decide.

9. Inspect or coordinate with the Director of the Personnel Department of the Ministry of Justice to inspect the implementation of tasks and powers delegated as stipulated in this Circular for the Director of the Enforcement Agency Office. In necessary cases, report to the Minister of Justice to temporarily suspend the implementation of delegated tasks and powers for handling according to regulations. Revoke or request the recovery of decisions of the Director of the Enforcement Agency Office regarding the management of civil servants, leadership civil servants that are inconsistent with legal provisions and requirements for managing civil servants, leadership civil servants in the industry.

10. Coordinate with the Inspectorate to conduct inspections on the implementation of tasks and powers delegated as stipulated in this Circular for the Director of the Enforcement Agency Office.

11. Implement management and utilization of civil servants, leadership civil servants, and other employees according to legal provisions.

The Director of the National Enforcement Agency may delegate to the Deputy Director of the National Enforcement Agency to implement some personnel tasks and powers stipulated in this Article according to the working regulations of the National Enforcement Agency. The Deputy Director is responsible before the Director of the National Enforcement Agency and before the law for the implementation of assigned tasks and powers.

Article 5. Authority of the Director of the Civil Enforcement Agency

The Director of the Enforcement Agency Office manages civil servants, leadership civil servants in the local enforcement sector. a) Departments and equivalent organizations under the General Department of Civil Judgment Enforcement; The Minister delegates the implementation of the following tasks and powers:

1. Allocate staffing quotas for:

a) Specialized departments under the Enforcement Agency Office;

b) Local Enforcement Agencies directly under it..

2. Implement management contents of civil servants, leadership civil servants as stipulated in Article 1 of this Circular for civil servants, leadership civil servants (including leadership positions, judicial positions) under the Enforcement Agency Office, Local Enforcement Agencies directly under it as stipulated in Article 1 of this Circular, except those contents within the authority of the Minister or the Director of the National Enforcement Agency to decide as stipulated in Articles 3 and 4 of this Circular.

3. Decide on the dispatch of civil servants, leadership civil servants of the Enforcement Agency Office, Local Enforcement Agencies directly under it for personal matters abroad, except cases within the authority of the Minister or the Director of the National Enforcement Agency to decide as stipulated in Articles 3 and 4 of this Circular..

4. Decide on the dispatch of civil servants, leadership civil servants of the Enforcement Agency Office, Local Enforcement Agencies directly under it for domestic training and capacity building according to approved plans, except cases within the authority of the Director of the National Enforcement Agency to decide as stipulated in Article 4 of this Circular.

5. Implement management and utilization contents of civil servants, leadership civil servants, and other employees according to legal provisions.

The Director of the Enforcement Agency Office may delegate to the Deputy Director to implement some personnel tasks and powers stipulated in this Article according to the working regulations of the Enforcement Agency Office. The Deputy Director is responsible before the Director and before the law for the implementation of assigned tasks and powers.

Chapter III

RESPONSIBILITY FOR IMPLEMENTATION AND EFFECTIVE DATE OF ENFORCEMENT

Article 6. Responsibilities of the Director of the National Enforcement Agency

1. Assist the Minister of Justice in uniformly managing civil servants, leadership civil servants throughout the enforcement sector. Be responsible before the Minister of Justice and before the law for the implementation of delegated tasks and powers.

Assist the Minister of Justice in coordinating with competent agencies at provincial level in personnel planning, training, capacity building, rotation, placement, transfer, appointment, commendation, discipline, and other policies for Directors, Deputy Directors of the Enforcement Agency Office.

2. Take the lead, coordinate with the Director of the Personnel Department of the Ministry of Justice:

aa) Advise, prepare files, complete procedures to submit to the Minister for consideration and decision on issues concerning civil servants, leadership civil servants within the authority of the Minister to decide, except cases stipulated in Clause 2, Article 7 of this Circular;

b) Develop staffing plans for the National Enforcement Agency and local enforcement agencies to submit to the Minister for consideration and report to the Ministry of Home Affairs as prescribed by law;

c) Assist the Examination Board for Enforcement Officers in organizing examinations for enforcement officer ranks as prescribed by law.

3. When implementing tasks and powers stipulated in this Circular, the Director of the National Enforcement Agency has the responsibility to:

a) Implement in accordance with the procedures and formalities prescribed by the Party and state laws, and regulations of the Ministry of Justice on the management of civil servants, leadership civil servants..

Civil servants appointed to leadership positions must be included in the approved planning, in special cases, report and obtain the consent of the Minister of Justice; b)

Annually report to the Minister of Justice on the management of civil servants, leadership civil servants together with the interim and final reports of the unit.annually report to the Minister of Justice on the management of civil servants and civil servant leaders along with the mid-term and final reports of the unit;

c) Documents related to the implementation of tasks and powers stipulated in this Circular must be reported to the Minister and Deputy Minister in charge.

d) Manage civil servant files, including leadership civil servants within the authority of the Minister of Justice, except for cases specified in point a, Clause 7, Article 3 of this Circular;

đ) Organize effectively the prevention and combat against corruption in the management of civil servants, including leadership civil servants of the Enforcement Agency and the Civil Execution Service sector according to the分级授权。

4. Guide professional matters, provide training, disseminate, and implement new regulations of the Party and State regarding cadre and civil servant work for the Civil Execution Service Bureau.

5. Coordinate with the Civil Execution Service Bureau under the Ministry of National Defense in completing procedures to submit to the Minister of Justice for consideration and decision on the appointment, dismissal, and removal of enforcement officers; appointment, promotion, and transfer of examination officers in the military according to the provisions of the law.Article 7. Responsibilities of the Director of the Cadre and Civil Servant Organization Department of the Ministry of Justice

1. Assist the Minister in inspecting the implementation of the Party's, State's, and the Ministry of Justice's regulations on organizational and cadre work; report and propose recommendations to the Minister for decisions on handling violations in managing civil servants, including leadership civil servants

delegated to the Director of the Civil Execution Service Enforcement Agency. 2. Take the lead in coordinating with the Director of the Civil Execution Service Enforcement Agency to propose opinions for the Minister's consideration and decision on leadership cadres of the Civil Execution Service Enforcement Agency.

3. Coordinate with the Director of the Civil Execution Service Enforcement Agency:

a) Develop staffing plans for the Civil Execution Service Enforcement Agency and local civil execution agencies to submit to the Minister for consideration and report to the Ministry of Home Affairs as prescribed by law

aPrepare files, complete procedures, and propose opinions for the Minister of Justice's consideration and decision on managing civil servants, including leadership civil servants documents;

b) within the authority of the Minister of Justice as stipulated in point a, Clause 7, Article 3 of this Circular; c) Develop long-term and annual training and development plans for civil servants, including leadership civil servants in the Civil Execution Service sector.

4. Submit to the Minister for decision on selecting and dispatching civil servants from the Civil Execution Service sector to study and work abroad according to the law and this Circular.

5. Manage civil servant files, including leadership civil servants

within the authority of the Minister of Justice as stipulated in point a, Clause 7, Article 3 of this Circular. 6. Conduct inspections or coordinate with the Inspectorate of the Ministry to conduct inspections according to the law on matters delegated.

Article 8. Responsibilities of the Director of the Civil Execution Service Bureau

1. Be responsible before the Minister of Justice, the Director of the Civil Execution Service Enforcement Agency, and the law for the implementation of assigned tasks and powers.

Assist the Director of the Civil Execution Service Enforcement Agency in coordinating with competent authorities at the district level in planning, training, development, rotation, placement, transfer, appointment, commendation, discipline, and other policies concerning the heads and deputy heads of civil execution agencies.

Prepare files, complete procedures, and propose opinions for the Director of the Civil Execution Service Enforcement Agency to submit to the Minister of Justice for consideration and decision on issues related to managing civil servants, including leadership civil servants within the authority of the Minister, and issues related to civil servants, including leadership civil servants within the authority of the Director of the Civil Execution Service Enforcement Agency as stipulated in this Circular.

2. 3. When implementing tasks and powers stipulated in this Circular, the Director of the Civil Execution Service Bureau shall be responsible for:

Implementing procedures and formalities as prescribed by the Party and the State's laws, regulations of the Ministry of Justice, and the Civil Execution Service Enforcement Agency on managing civil servants, including leadership civil servants; civil servants appointed to leadership positions must be within approved planning, in special cases, reports must be made and approval from the Director of the Civil Execution Service Enforcement Agency must be obtained;

a) IManage civil servant files, including leadership civil servants of the Civil Execution Service Bureau and subordinate civil execution agencies; Annually report to the Director of the Civil Execution Service Enforcement Agency on civil servant management work, including leadership civil servants, along with unit interim and final reports;

b) d) Documents related to the implementation of tasks and powers stipulated in this Circular must be reported to the Director of the Civil Execution Service Enforcement Agency for management;

c) Hđ) Implement anti-corruption measures in managing civil servants, including leadership civil servants in the Civil Execution Service sector at the local level according to the分级授权。

d) Any documents related to the implementation of tasks and authorities stipulated in this Circular must be reported to the Director of the National Enforcement Agency General Department for management;

implement anti-corruption measures in the management of civil servants and civil servant leaders in the enforcement agency sector at the local level according to the分级权限。由于原文中“theo phân cấp”指的是按照分级权限执行，而具体分级权限的内容未在给定的文本中明确，因此保持原样翻译。

Article 9. Responsibilities of the Head of the Enforcement Office

1. Fulfill the tasks and powers of the agency employing civil servants and leading civil servants as prescribed by laws on civil servants and leading civil servants.

2. Propose to the Director of the Civil Execution Department for submission to the General Director of the Civil Execution General Department and the Minister of Justice to improve the organizational structure and staffing of the unit in accordance with the provisions of the law and the requirements of the unit's work.

3. Nominate for appointment the Deputy Head of the Enforcement Office,初级执行员,中级执行员,审查员,执行书记官 under their management;

4. Provide written comments on the recruitment, acceptance, or transfer of civil servants and leading civil servants within the unit.

5. Statistic and report to the superior agency managing civil servants and leading civil servants on the situation of the civil servant workforce under their authority in accordance with the regulations.

6. Implement anti-corruption measures in the management of civil servants and leading civil servants within the unit.

Article 10. Effectiveness

This Circular takes effect from December 1, 2010.

The Heads of units under the Ministry of Justice, and the Heads of local civil execution agencies within the scope of their assigned tasks and powers shall be responsible for organizing and implementing the provisions of this Circular./.