This Circular amends and supplements some provisions regarding the appointment procedures for leaders of units subordinate to the Civil Enforcement General Department. It specifies the procedures for determining needs, policies, and sources of appointments; the procedures for introducing and selecting personnel from within the unit and from other agencies; the procedures for examining, approving personnel, and announcing the appointment decision.
Scope of application
Applies to units subordinate to the Civil Enforcement General Department when conducting leader appointments.
Key points
- Determining needs, policies, and sources of appointments
- Introduction and selection procedure for personnel from within the unit and from other agencies
- Examination, approval of personnel, and announcement of the appointment decision
- Implemented according to the regulations on the application dossier for appointment
- Opinions of the provincial Party Committee are required for the appointment process
🌐 Social impact of this document
- Enhance transparency in the leader appointment process
- Ensure political standards for the appointees
- Build a leadership team with competence and good qualities
❓ Frequently asked questions
How is the procedure for determining needs, policies, and sources of appointments carried out?
Based on work requirements and the leadership structure, organize a collective meeting of the leadership of the Civil Enforcement General Department to discuss and reach consensus.
What are the specific actions in the introduction procedure for personnel from within the unit?
Includes the following steps: First collective meeting of the unit's leadership, Expanded meeting of the unit's leadership, Second collective meeting of the unit's leadership.
Is the opinion of the provincial Party Committee required during the appointment process?
A document soliciting opinions of the provincial Party Committee on the proposed appointees is required.
Full text
CIRCULAR
AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 02/2017/TT-BTP DATED MARCH 23, 2017 ISSUED BY THE MINISTER OF JUSTICE GUIDING CERTAIN CONTENTS ON THE MANAGEMENT OF CIVIL SERVANTS, PUBLIC OFFICERS, AND LABORERS BELONGING TO THE SYSTEM OF ORGANIZATIONS FOR CIVIL ENFORCEMENT
Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;
Pursuant to the Civil Enforcement Law dated November 14, 2008; the Law Amending and Supplementing Certain Articles of the Civil Enforcement Law dated November 25, 2014;
Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 62/2015/NĐ-CP dated July 18, 2015 of the Government detailing and guiding the implementation of certain articles of the Civil Enforcement Law;
Pursuant to Decree No. 24/2010/NĐ-CP dated March 15, 2010 of the Government on recruitment, utilization, and management of civil servants; Decree No. 93/2010/NĐ-CP dated August 31, 2010 of the Government amending certain articles of Decree No. 24/2010/NĐ-CP;
At the proposal of the Director General of the Civil Enforcement Agency and the Head of the Cadre and Civil Servant Department of the Ministry of Justice;
The Minister of Justice issues this Circular amending and supplementing certain articles of Circular No. 02/2017/TT-BTP dated March 23, 2017 guiding certain contents on the management of civil servants, public officers, and laborers belonging to the system of organizations for civil enforcement.
Article 1. Amend and supplement certain articles of Circular No. 02/2017/TT-BTP dated March 23, 2017 of the Minister of Justice guiding certain contents on the management of civil servants, public officers, and laborers belonging to the system of organizations for civil enforcement as follows:
"Article 4. General Standards
Leadership positions in the Civil Enforcement Bureau and Civil Enforcement Branch must meet both specific standards for each position and the following general standards:
1. Political ideology: Loyalty to the interests of the Party, the nation, and the people; firm in Marxism-Leninism, Ho Chi Minh Thought, the goals and ideals of national independence, socialism, and the Party's reform policies. Have a solid political stance, unwavering in any situation, resolutely struggle to protect the Platform, the Party's guidelines, the Constitution, and state laws. Have a strong sense of patriotism, placing the interests of the Party, the nation, the people, and the collective above personal interests, ready to sacrifice for the Party's cause, for the independence and freedom of the country, and for the happiness of the people. Be dedicated to work, strictly follow organizational assignments, and complete all tasks assigned.
2. Morality, lifestyle, and organizational discipline awareness: Possess bright moral qualities; live honestly, modestly, sincerely, and simply; be thrifty, honest, and impartial. Be passionate and responsible about work; have no ambition for power, no vanity; foster unity, build up, set examples, love comrades and colleagues. Personally refrain from corruption, bureaucracy, opportunism, self-interest, and actively combat and prevent corruption, waste, selfishness, opportunistic lifestyles, factionalism, group interests, and hypocrisy. Uphold and strictly implement organizational and disciplinary principles of the Party, especially democratic centralism, self-criticism, and criticism. Be fair, upright, value talent, and not allow relatives or acquaintances to exploit their positions and powers for personal gain. Adhere to and strictly enforce the principles of organization and discipline of the Party.
3. Qualifications: Meet the requirements of specialized knowledge, political theory, and state administration according to the tasks assigned and the regulations of the Party and State; possess necessary and appropriate computer skills and foreign language proficiency.
4. Competence and reputation: Possess innovative thinking, strategic vision, scientific and creative working methods, dynamic and resolute in executing tasks; have the ability to synthesize, analyze, and forecast. Be able to identify contradictions, challenges, opportunities, advantages, new issues, difficulties, and limitations in practice; boldly propose suitable, feasible, and effective tasks and solutions to promote or resolve problems. Have practical capabilities, grasp and understand basic real situations to concretize and effectively organize the implementation of the Party's guidelines and state policies in the assigned field or area; be diligent, hardworking, dynamic, creative, brave in thinking, doing, taking responsibility, and serving the people. Possess leadership and directive abilities; be exemplary, unite the internal team, and mobilize the collective strength; have the responsibility to set an example for leaders and managers; be trusted and supported by cadres, party members, and the masses.
5. Health, age, and experience: Be physically fit to perform duties; meet the age requirement for appointment or nomination as prescribed; have leadership and management experience."
"d) Has previously held a leadership position in a Civil Enforcement Branch, except in cases where personnel outside the civil enforcement agency are received and appointed to lead the Civil Enforcement Bureau or are currently Deputy Directors of the Civil Enforcement Bureau appointed before Circular No. 13/2013/TT-BTP dated September 13, 2013 of the Minister of Justice took effect (November 1, 2013)."
"c) Has previously held a leadership position in a Civil Enforcement Branch, except in cases where personnel outside the civil enforcement agency."
4. Article 19 is amended and supplemented as follows:
"Article 19. Principles and responsibilities for appointment, reappointment, resignation, and removal
1. Ensuring compliance with the regulations of the Party and the law.
2. Ensuring the principle of democratic centralism and the unified leadership of the Party in cadre work and management; ensuring close coordination between the competent authority managing cadres and the Provincial Party Standing Committee and the District Party Standing Committee in the process of appointing, reappointing, resigning, and removing leaders of provincial and district civil execution agencies according to the cadre management hierarchy.
3. Starting from the requirements and tasks of the agency or unit and meeting the conditions and standards of the leadership and management position.
4. Ensuring stability, continuity, and development of the cadre corps of leaders and managers; improving the quality and effectiveness of the agency's operations.
5. Individuals and collectives proposing, advisory bodies, appraisal bodies, and decision-making collectives must bear responsibility for their proposals, advice, appraisals, and decisions.
5. Article 21 is amended and supplemented as follows:
"Article 21. Term of Office
1. The term of office for each appointment or reappointment to a leadership or management position is five years, calculated from the date of appointment or reappointment and recorded in the appointment decision.
2. The time during which a civil servant or officer is assigned the head position or responsible for a unit shall not be counted towards the term of appointment.
3. For civil servants and officers who are transferred or appointed to a new leadership or management position, the term of office is calculated from the date of appointment to the new position.
4. In cases where the leadership or management position changes due to a change in the name of the organization, the term of office is calculated from the date of appointment to the previous position, except as otherwise provided by law.
5. When a civil servant or officer reaches the end of their term of appointment and has two to less than five years until retirement age, if they are reappointed, the term of office will be calculated until the retirement age as prescribed.
6. When a civil servant or officer reaches the end of their term of appointment and has less than two years until retirement age, there is no need to go through the reappointment process. In this case, the leadership collective of the unit evaluates the conditions, standards, and performance results during the term of the civil servant or officer to report to the competent authority for consideration and exchange with the Party committee in accordance with this Circular to decide on extending the term of office of the leadership or management position until the retirement age.
7. A civil servant who has held the head position for two consecutive terms shall be transferred to another unit. Special cases are considered and decided upon by the appointing authority.
6. Article 22 is amended and supplemented as follows:
"Article 22. Evaluation of Civil Servants and Officers
1. When considering the appointment or reappointment to a leadership or management position, the competent authority must conduct an evaluation of the civil servant or officer in accordance with the law.
2. The evaluation of civil servants and officers for appointment or reappointment includes the following contents:
a) The level of fulfillment of assigned responsibilities and tasks over three consecutive years up to the proposal date (for new appointments) and during the term (for reappointments) regarding workload, quality, progress, and effectiveness of work in each position and period, sense of responsibility in work;
b) Political qualities, ethics, lifestyle: Understanding and political ideology, implementation of Party policies, guidelines, rules, and regulations, state policies and laws, unit rules; maintaining ethical and healthy lifestyles, combating bureaucracy, corruption, waste, and other negative manifestations; spirit of study, enhancing competence, honesty, organizational discipline awareness, self-criticism and criticism spirit, team spirit, working relationships, people service attitude, ability to unite the masses;
c) Suitability in specialized training, work experience, and practical knowledge with the proposed position for appointment or reappointment;
d) Leadership and management capabilities, direction, and prospects for development.
7. Article 23 is amended and supplemented as follows:
"Article 23. Provisions on organizing meetings to solicit opinions
1. The meeting may only be held when at least two-thirds of civil servants, officials, and employees who are part of the meeting participants are present. In case a participant is absent, they cannot delegate another person to attend on their behalf.
2. Prior to the start of the meeting, the chairperson designates one of the meeting participants to serve as the secretary of the meeting.
3. The content and results of the meeting must be recorded in minutes. The minutes of the meeting must fully reflect the proceedings and outcomes of the meeting, as well as the opinions expressed.
8. Article 24 is amended and supplemented as follows:
"Article 24. Provisions on soliciting opinions
1. Civil servants and officials who have completed their probationary period; workers employed under indefinite-term contracts as stipulated in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the system of certain types of contracts in administrative agencies and public institutions, currently working in such agencies and units, shall participate and vote.
2. In cases where a person participates in multiple positions within the voting group, when voting for confidence, they may only cast one vote.
3. When conducting voting through secret ballot, a counting committee must be established. The counting committee is proposed by the chairperson and must be approved by the meeting through a show of hands.
4. Voting ballots
a) Voting ballots are printed in a list (alphabetically ordered if there are multiple personnel), clearly stating full name, age, position, and place of work; the opinion section has two columns: Agree and Disagree for participants to mark (X) in the box they choose, with additional space for participants to write other opinions or introduce other personnel; signed by the meeting chairperson and stamped in the top left corner of the ballot (if the unit has a stamp);
b) A valid ballot is issued by the counting committee, with the number of agree votes and additional nominations (if any) not exceeding the number of appointments allowed;
If a voter marks both the agree and disagree boxes or does not mark either box, the result of that ballot will not be counted, but the ballot remains valid;
c) An invalid ballot is one not issued by the counting committee, or one with the number of agree votes and additional nominations (if any) exceeding the number of appointments allowed;
d) After verification and recording in the minutes, ballots are sealed and kept confidentially at the unit responsible for cadre work before being stored according to regulations.
5. Calculation of voting results
The percentage of approval votes for appointment is calculated based on the ratio of the number of approval votes to the total number of valid ballots.
6. Announcing or not announcing the voting results is publicly notified before voting takes place.
7. The voting results have reference value and are one of the grounds for consideration but are not the sole and primary basis for deciding to appoint cadres.
9. Article 26 is amended and supplemented as follows:
"Article 26. Appointment Procedures for Leaders of the Enforcement Agency General Department
1. Determining needs, policies, quantity, planned job assignments, and sources of appointment
Based on work requirements, organizational structure, and the number of leaders, after exchanging and reaching consensus within the leadership regarding the need for appointment, the Director of the Enforcement Agency General Department discusses with the Head of the Cadre and Organization Department of the Ministry of Justice, seeks opinions from the Deputy Minister in charge and the Minister before convening a joint meeting between the leadership of the Enforcement Agency General Department, the Party Committee of the Enforcement Agency General Department, and the heads of political and social organizations within the Enforcement Agency General Department to discuss and unify the number, planned job assignments for the proposed appointment positions, review and evaluate personnel in the planning for leaders of the Enforcement Agency General Department, and submit to the Party Cadre Affairs Board of the Ministry of Justice (through the Cadre and Organization Department of the Ministry of Justice) for examination and approval of policies, quantities, planned job assignments, and sources of appointment.
In necessary cases or when the unit does not proactively propose, the Cadre and Organization Department of the Ministry of Justice reviews and reports to the Deputy Minister in charge and the Minister before submitting to the Party Cadre Affairs Board of the Ministry of Justice for approval of policies, quantities, planned job assignments, and sources of appointment.
2. Appointment procedures for internal candidates
a) Step 1: Collective meeting of the leadership of the Enforcement Agency General Department (first time)
- Participants: Leadership of the Enforcement Agency General Department and the Party Committee of the Enforcement Agency General Department. Invite representatives from the Cadre and Organization Department of the Ministry of Justice to attend the meeting.
- Chairperson: Leadership of the Ministry of Justice (for the appointment of the Director); Director of the Enforcement Agency General Department (for the appointment of Deputy Directors).
- Content: Discuss and reach consensus on the structure, criteria, conditions, and procedures for introducing personnel.
b) Step 2: Expanded meeting of the leadership of the Enforcement Agency General Department
- Participants: Collective leadership of the Enforcement Agency General Department, the Party Committee of the Enforcement Agency General Department, Heads of Departments and equivalent positions within the Enforcement Agency General Department, Heads of political and social organizations within the Enforcement Agency General Department, Directors of Provincial and Central City Enforcement Agencies. Invite representatives from the Cadre and Organization Department of the Ministry of Justice to attend the meeting.
The meeting can be organized in person or via video conference. In the case of a video conference, the sending and counting of ballots must be conducted confidentially, ensuring the anonymity of the sender and the confidentiality of the counting results.
- Chairperson: Leadership of the Ministry of Justice (for the appointment of the Director); Director of the Enforcement Agency General Department (for the appointment of Deputy Directors).
- Content: Discuss and reach consensus on the structure, criteria, conditions, and procedures for introducing personnel; conduct secret ballot voting to identify and introduce personnel.
- Introduction principle: Each participant can only introduce one person for each position among the planned personnel or introduce another person who meets the specified criteria and conditions.
Selection principle: The person with the highest number of votes over 50% of the introduction votes is selected. For multiple positions to be filled, select those with more than 50% of the introduction votes from the highest down until all required positions are filled.
In case no one receives more than 50% of the recommendation votes, two people with the highest number of recommendation votes will be selected from top to bottom for each position at subsequent steps (if there are two or more positions to be appointed, then select one more person than the number of planned appointments). The vote counting results will not be announced at this conference.
c) Step 3: Collective leadership conference of the Civil Enforcement General Department (second time)
- Participants: Leaders of the Civil Enforcement General Department. Invite representatives of the Organization and Cadre Department of the Ministry of Justice to attend the conference.
- Chairperson: Leader of the Ministry of Justice (for the appointment of the Director of the Civil Enforcement General Department); Director of the Civil Enforcement General Department (for the appointment of Deputy Director of the Civil Enforcement General Department).
- Content: Based on reviewing the personnel recommendations from the expanded leadership conference of the Civil Enforcement General Department; based on the structure, criteria, conditions, requirements, and capabilities of the cadres, the collective leadership of the Civil Enforcement General Department will discuss and recommend personnel through secret ballots.
- Recommendation principle: Each meeting participant can only recommend one person for one position among the recommended personnel at the expanded leadership conference of the Civil Enforcement General Department or recommend another person who meets the specified criteria and conditions.
Selection principle: Follow step 2.
The vote counting results will be announced at this conference.
If the recommendation results of the collective leadership conference of the Civil Enforcement General Department differ from the discovery and recommendation results at step 2, the Civil Enforcement General Department will coordinate with the Organization and Cadre Department of the Ministry of Justice to report and explain clearly to the Party Cadre Affairs Board of the Ministry of Justice for consideration and guidance before proceeding to the next step.
d) Step 4: Organize opinions from key cadres
- Participants: Leadership collective of the Civil Enforcement General Department, Standing Committee of the Party Committee of the Civil Enforcement General Department, leaders of departments under the Civil Enforcement General Department, representatives of political and social organizations under the Civil Enforcement General Department, Directors of Civil Enforcement Departments. Invite representatives of the Organization and Cadre Department of the Ministry of Justice to attend the conference.
The meeting can be organized in person or via video conference. In the case of a video conference, the sending and counting of ballots must be conducted confidentially, ensuring the anonymity of the sender and the confidentiality of the counting results.
- Chairperson: Leadership of the Ministry of Justice (for the appointment of the Director); Director of the Enforcement Agency General Department (for the appointment of Deputy Directors).
- Content: Exchange and discuss about the structure, criteria, conditions, specific requirements of the unit, and the capability of the cadres; announce the list of recommended personnel by the leadership collective of the Civil Enforcement General Department (at step 3); summarize curriculum vitae, educational and work history; evaluate strengths, weaknesses, potential for development; propose job assignments; recommended candidates present their action programs if appointed (if applicable) and answer related questions before voting; collect opinions through secret ballots from key cadres regarding the recommended candidates.
The vote counting results will not be announced at this conference.
đ) Step 5: The Civil Enforcement General Department issues a document requesting the Standing Committee of the Party Committee of the Civil Enforcement General Department to provide written comments on the proposed appointees and requests the competent authority to verify and conclude on political standards (political history and current politics) for the proposed appointees.
e) Step 6: Collective leadership conference of the Civil Enforcement General Department (third time).
- Participants: Leadership collective of the Civil Enforcement General Department. Invite representatives of the Organization and Cadre Department of the Ministry of Justice to attend the conference.
- Chairperson: Leadership of the Ministry of Justice (for the appointment of the Director); Director of the Enforcement Agency General Department (for the appointment of Deputy Directors).
- Content: Discuss and analyze the ballot results from previous conferences and the opinions of the Standing Committee of the Party Committee of the Civil Enforcement General Department; verify and conclude on new issues (if any); vote on candidates through secret ballots. The vote counting results will be announced at this conference.
- Selection principle: The person with the highest number of recommendation votes over 50% will be selected for nomination. For two or more positions to be appointed, select the person with over 50% of recommendation votes from top to bottom until the required number of appointees is reached. In case two candidates have the same number of votes (50%), the candidate recommended by the Director of the Civil Enforcement General Department will be selected for nomination and all differing opinions (if any) will be reported fully to the Party Cadre Affairs Board of the Ministry of Justice for consideration and decision.
For the appointment of the Director of the Civil Enforcement General Department, if two candidates have the same number of votes (50%), the Civil Enforcement General Department will report to the responsible leader of the Ministry and the Minister for comments before reporting to the Party Cadre Affairs Board of the Ministry of Justice for consideration and decision.
The Civil Enforcement General Department will compile and complete the appointment dossier, report to the Party Cadre Affairs Board of the Ministry of Justice. For the appointment of the Director of the Civil Enforcement General Department, the Civil Enforcement General Department will send the dossier to the Organization and Cadre Department of the Ministry of Justice for review and report to the Party Cadre Affairs Board of the Ministry of Justice.
g) Appointment Decision
Based on the results of implementing the steps according to the procedure, the Organization and Cadre Department of the Ministry of Justice (for the appointment of the Director of the Civil Enforcement General Department), the Civil Enforcement General Department (for the appointment of the Deputy Director of the Civil Enforcement General Department) will report to the Party Cadre Affairs Board of the Ministry of Justice for consideration and approval of the nominees and issue a document seeking the opinion of the Standing Committee of the Party Committee of the Ministry of Justice. Based on the opinion of the Standing Committee of the Party Committee of the Ministry of Justice, the Organization and Cadre Department of the Ministry of Justice (for the appointment of the Director of the Civil Enforcement General Department), the Civil Enforcement General Department (for the appointment of the Deputy Director of the Civil Enforcement General Department) will report to the Party Cadre Affairs Board of the Ministry of Justice for discussion and conclusion on any emerging issues (if any) or submit to the Minister for signing the appointment decision for the Deputy Director of the Civil Enforcement General Department.
For the appointment of the Director of the Civil Enforcement General Department, the Organization and Cadre Department of the Ministry of Justice will advise and prepare the dossier for submission to the Prime Minister for comments on the proposed nominees. After receiving the Prime Minister's comments, the Organization and Cadre Department of the Ministry of Justice will submit to the Minister for signing the appointment decision for the Director of the Civil Enforcement General Department.
3. Appointment process for personnel from other sources
a) For personnel proposed by the Civil Enforcement General Department
Step 1: The responsible Ministry leader (for appointing the Director-General) or the Director-General of the Civil Enforcement General Department (for appointing the Deputy Director-General) shall meet with the proposed appointee to discuss work requirements and appointment needs; work with the collective leadership and the Party Standing Committee of the Civil Enforcement General Department to obtain their written opinions on the proposed appointee; work with the collective leadership and the Party organization where the proposed appointee is currently working to exchange views and request written opinions on the appointment and evaluations of the proposed appointee; verify the curriculum vitae of the proposed appointee; request the competent authority to examine, verify, and conclude on political standards (political history and current politics) for the proposed appointee.
Step 2: The responsible Ministry leader (for appointing the Director-General), or the Director-General (for appointing the Deputy Director-General) shall chair a meeting of the collective leadership of the Civil Enforcement General Department to discuss, comment, evaluate, and vote on the proposed appointee. If the proposed appointee receives more than 50% of the votes, they will be selected. In case the number of votes received is 50%, the Director-General of the Civil Enforcement General Department shall consider the proposal for appointment; request the Party Standing Committee of the Civil Enforcement General Department to provide written opinions on the proposed appointee; simultaneously report to the Party Cadre Affairs Board of the Ministry of Justice all differing opinions (if any) for consideration and decision.
Step 3: The Civil Enforcement General Department shall complete the appointment proposal dossier and submit it to the Personnel Organization Department of the Ministry of Justice for reporting to the Party Cadre Affairs Board of the Ministry of Justice to consider and approve the appointee and issue a document seeking the written opinion of the Party Standing Committee of the Ministry of Justice. Based on the opinion of the Party Standing Committee of the Ministry of Justice, the Personnel Organization Department of the Ministry of Justice shall report to the Party Cadre Affairs Board of the Ministry of Justice for consideration, discussion, and conclusion on any arising issues (if any) or submit to the Minister for signing the appointment decision for the Deputy Director-General of the Civil Enforcement General Department.
For the appointment of the Director-General of the Civil Enforcement General Department, the Personnel Organization Department of the Ministry of Justice shall advise and prepare the dossier to submit to the Prime Minister for comments on the proposed appointee before submitting to the Minister for signing the decision.
b) For personnel proposed for reception, transfer, and appointment by the Party Cadre Affairs Board of the Ministry of Justice
Step 1: The Ministry leader shall meet with the proposed appointee to discuss work requirements and appointment needs; work with the collective leadership and the Party Standing Committee of the Civil Enforcement General Department to obtain their written opinions on the proposed appointee; work with the collective leadership and the Party organization where the proposed appointee is currently working to exchange views and request written opinions on the appointment and evaluations of the proposed appointee; verify the curriculum vitae of the proposed appointee; request the competent authority to examine, verify, and conclude on political standards (political history and current politics) for the proposed appointee.
Step 2: The Civil Enforcement General Department shall complete the appointment proposal dossier and submit it to the Personnel Organization Department of the Ministry of Justice for reporting to the Party Cadre Affairs Board of the Ministry of Justice to consider and approve the appointee and issue a document seeking the written opinion of the Party Standing Committee of the Ministry of Justice. Based on the opinion of the Party Standing Committee of the Ministry of Justice, the Personnel Organization Department of the Ministry of Justice shall report to the Party Cadre Affairs Board of the Ministry of Justice for consideration, discussion, and conclusion on any arising issues (if any) or submit to the Minister for signing the appointment decision for the Deputy Director-General of the Civil Enforcement General Department.
For the appointment of the Director-General of the Civil Enforcement General Department, the Personnel Organization Department shall advise and prepare the dossier to submit to the Prime Minister for comments on the proposed appointee before submitting to the Minister for signing the decision.
4. The dossier for proposing an appointment includes:
a) A proposal for appointment;
b) Minutes of meetings and ballot counting sheets (with ballots) during the implementation process;
c) Curriculum vitae of the proposed appointee (with attached photograph);
d) Declaration of assets and income;
đ) Health examination certificate issued by a health facility at the district level or higher within six months from the date of submission of the dossier;
e) Self-assessment and evaluation of the proposed appointee (for internal candidates);
g) Evaluation of the unit where the proposed appointee is currently working regarding the proposed appointee and the appointment (for candidates from other agencies) or evaluation by the head of the unit (for internal candidates);
h) Opinion of the Party organization having the position to be appointed;
i) Conclusion on political standards for the proposed appointee by the Party organization with the authority to do so;
k) Comments of the representative of the Party organization where the proposed appointee resides regularly for proposed appointees who are Party members;
l) Certified copies of educational certificates and training certificates according to the proposed position and other certificates (if any). In case the certificate is issued by a foreign country, it must have a recognition document from the Quality Management Department of the Ministry of Education and Training.
5. The Minister of Justice shall organize the announcement of the appointment decision for the leadership of the Civil Enforcement General Department.
10. Article 28 is amended and supplemented as follows:
"Article 28. Appointment Procedure for Heads of Departments or Equivalent Positions under the Civil Enforcement General Department
1. Determining Needs, Policies, and Sources for Appointment
Based on work requirements, organizational structure, and the number of leaders within the unit, the leadership team and the unit's Party Committee convene to discuss, reach consensus, and propose to the Director of the Civil Enforcement General Department to organize a meeting of the leadership team of the Civil Enforcement General Department to determine the need for appointment, policies, and sources for appointment.
In cases where necessary or when the unit does not proactively propose, the Head of the Organization and Cadres Department of the Civil Enforcement General Department reports to the Director of the Civil Enforcement General Department to organize a meeting of the leadership team of the Civil Enforcement General Department to determine the need for appointment, policies, and sources for appointment.
On the basis of the results of discussions by the leadership team of the Civil Enforcement General Department, the Director of the Civil Enforcement General Department reports to the responsible leadership of the Ministry and the Minister before submitting to the Party Cadre Affairs Board of the Ministry of Justice for approval of the appointment policy and sources.
2. Appointment procedures for internal candidates
a) Step 1: First Meeting of the Unit Leadership Team
- Participants: The unit's leadership and the Party Committee of the unit requiring appointment. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department are invited to attend the meeting.
- Chairperson: The Director of the Civil Enforcement General Department.
- Content: Discuss and agree on the organizational structure, standards, conditions, and procedures for introducing personnel.
b) Step 2: Expanded Meeting of the Unit Leadership
- Participants: All civil servants, public officials, and employees of the unit requiring appointment according to Decree No. 68/2000/ND-CP. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department are invited to attend the meeting.
- Chairperson: The Director of the Civil Enforcement General Department.
- Content: Discuss and agree on the organizational structure, standards, conditions, procedures for introducing personnel, related tasks, and conduct a secret ballot to introduce personnel.
- Introduction principle: Each participant can only introduce one person for each position among the planned personnel or introduce another person who meets the specified criteria and conditions.
Selection Principle: The person with the highest number of votes exceeding 50% of the total votes introduced will be selected. If no one reaches over 50% of the votes, then the two persons with the highest number of votes will be selected for further introduction at subsequent steps.
The voting results will not be announced at this meeting.
c) Step 3: Second Meeting of the Unit Leadership Team
- Participants: The leadership of the unit requiring appointment. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department are invited to attend the meeting.
- Chairperson: The Director of the Civil Enforcement General Department.
- Content: Based on reviewing the results of personnel introduction from the expanded meeting of the unit leadership; based on the organizational structure, standards, conditions, job requirements, and capabilities of cadres, the unit's leadership team discusses and introduces personnel through a secret ballot.
- Introduction Principle: Each participant can only introduce one person for one position among those introduced at the expanded meeting of the unit leadership team or introduce another person who meets the specified standards and conditions.
Selection principle: Follow step 2.
The vote counting results will be announced at this conference.
If the results of personnel introduction at the unit leadership meeting differ from the results at step 2, the Civil Enforcement General Department must report fully to the Party Cadre Affairs Board of the Ministry of Justice for guidance before proceeding with subsequent steps.
d) Step 4: Soliciting Opinions from All Civil Servants, Public Officials, and Employees in the Unit on the Proposed Personnel for Appointment
- Participants: All civil servants, public officials, and employees of the unit requiring appointment according to Decree No. 68/2000/ND-CP. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department are invited to attend the meeting.
- Chairperson: The Director of the Civil Enforcement General Department.
- Content: Exchange and discuss the organizational structure, standards, conditions, specific job requirements of the unit, and the capabilities of cadres; announce the list of personnel introduced by the unit's leadership team (at step 3); summarize the curriculum vitae, education, and work history; provide comments and evaluations on strengths, weaknesses, prospects for development; outline proposed job assignments; the proposed personnel for appointment present their action plans if appointed (if applicable) and answer relevant questions before voting; solicit opinions through a secret ballot from all civil servants, public officials, and employees in the unit on the proposed personnel for appointment.
The voting results will not be announced at this meeting.
đ) Step 5: Third Meeting of the Unit Leadership Team
- Participants: The leadership team of the unit requiring appointment. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department are invited to attend the meeting.
- Chairperson: The Director of the Civil Enforcement General Department.
- Content: Discuss and analyze the results of ballots from previous meetings; verify and conclude on new issues (if any); vote on personnel through a secret ballot.
The voting results will be announced at this meeting.
- Selection Principle: The person with the highest number of votes exceeding 50% of the total votes introduced will be selected for appointment. If the unit's leadership team introduces two people with equal votes (50%), they must report to the Leadership of the Civil Enforcement General Department for consideration and decision.
The leadership of the unit requiring appointment requests the unit's Party Committee to provide written comments on the proposed personnel for appointment; requests the competent authority to check, verify, and conclude on political standards (political history and current politics) for the proposed personnel for appointment; reports to the Leadership of the Civil Enforcement General Department to organize a meeting of the leadership team of the Civil Enforcement General Department to consider and provide comments on the proposed personnel for appointment; requests the Standing Committee of the Party Committee of the Civil Enforcement General Department to provide written comments on the proposed personnel for appointment.
e) Appointment Decision
The Director of the Civil Enforcement General Department reports to the responsible leadership of the Ministry and the Minister; submits to the Party Cadre Affairs Board of the Ministry of Justice for review and approval of personnel and obtains the opinion of the Standing Committee of the Party Committee of the Ministry of Justice in writing. Based on the opinion of the Standing Committee of the Party Committee of the Ministry of Justice, the Civil Enforcement General Department reports to the Party Cadre Affairs Board of the Ministry of Justice for discussion and conclusion on any emerging issues or submits to the Minister for signing the appointment decision.
3. Appointment Procedure for Personnel from Other Agencies
a) For personnel proposed by the unit requiring appointment
Step 1: The leader of the Civil Execution General Department or the Director of the Cadre and Personnel Department of the Civil Execution General Department shall meet with the proposed appointees to discuss work requirements and appointment needs; work with the leadership collective and the Party Committee of the unit requiring the appointment and obtain in writing the opinion of the Party Committee of the unit requiring the appointment on the appointment; work with the leadership collective and the Party Committee where the personnel are currently working to exchange views and request written opinions on the appointment and provide comments and evaluations on the proposed appointees; verify the background of the proposed appointees; request the competent authority to inspect, verify, and conclude on political standards (political history and current politics) for the proposed appointees.
Step 2: The leader of the Civil Execution General Department shall chair a meeting of the leadership collective of the unit requiring the appointment to discuss, comment, evaluate, and vote on the proposed appointees. If the number of votes exceeds 50% of the introduction votes, the appointee will be selected. In case the number of introduction votes is 50%, the head of the unit shall consider the introduction for appointment; at the same time, report to the leader of the Civil Execution General Department for consideration and opinion, and propose the Standing Committee of the Party Committee of the Civil Execution General Department to provide written opinions on the proposed appointees.
In case there are differing opinions, a full report shall be made for the Cadre and Party Affairs Board of the Ministry of Justice to consider and conclude.
Step 3: The Civil Execution General Department shall report to the responsible Deputy Minister and the Minister; submit to the Cadre and Party Affairs Board of the Ministry of Justice for consideration and approval of the personnel and issue a document seeking the opinion of the Standing Committee of the Party Committee of the Ministry of Justice. Based on the opinion of the Standing Committee of the Party Committee of the Ministry of Justice, the Civil Execution General Department shall report to the Cadre and Party Affairs Board of the Ministry of Justice for discussion and conclusion on any arising issues (if any) or submit to the Minister for signing the appointment decision.
b) For personnel proposed for acceptance, transfer, and appointment by the leader of the Civil Execution General Department
Step 1: The leader of the Civil Execution General Department or the Director of the Cadre and Personnel Department of the Civil Execution General Department shall meet with the proposed appointees to discuss work requirements and appointment needs; work with the leadership collective and the Party Committee of the unit requiring the appointment and obtain in writing the opinion of the Party Committee of the unit requiring the appointment on the appointment; work with the leadership collective and the Party Committee where the personnel are currently working to exchange views and request written opinions on the appointment and provide comments and evaluations on the proposed appointees; verify the background of the proposed appointees; request the competent authority to inspect, verify, and conclude on political standards (political history and current politics) for the proposed appointees; obtain in writing the opinion of the Party Committee of the unit requiring the appointment on the appointment.
The Cadre and Personnel Department of the Civil Execution General Department shall report to the leadership collective of the Civil Execution General Department for consideration and voting on the proposed appointees; request the Standing Committee of the Party Committee of the Civil Execution General Department to provide written opinions on the proposed appointees.
Step 2: The Civil Execution General Department shall report to the responsible Deputy Minister and the Minister; submit to the Cadre and Party Affairs Board of the Ministry of Justice for consideration and approval of the personnel and issue a document seeking the opinion of the Standing Committee of the Party Committee of the Ministry of Justice. Based on the opinion of the Standing Committee of the Party Committee of the Ministry of Justice, the Civil Execution General Department shall report to the Cadre and Party Affairs Board of the Ministry of Justice for discussion and conclusion on any arising issues (if any) or submit to the Minister for signing the appointment decision.
4. The application dossier for appointment shall be implemented in accordance with Clause 4, Article 26 of this Circular.
5. The Minister shall organize the announcement of the appointment decision for the Director of a Department or equivalent position under the Civil Execution General Department.
11. Article 29 is amended and supplemented as follows:
"Article 29. Appointment for Deputy Department Heads or Equivalent Positions under the Civil Enforcement General Department
1. Determining needs, policies, quantity, planned job assignments, and sources of appointment
Based on work requirements, organizational structure, number of leaders in the unit, the leadership collective and the unit's Party Committee that need to appoint shall convene a meeting to discuss, reach consensus, and propose to the Director of the Civil Enforcement General Department to organize a meeting of the leadership collective of the Civil Enforcement General Department to determine the needs, policy, number, proposed job assignments, and sources for appointment.
In cases where it is necessary or when the unit does not proactively propose, the Head of the Organization and Cadres Department of the Civil Enforcement General Department shall propose to the Director of the Civil Enforcement General Department to organize a meeting of the leadership collective of the Civil Enforcement General Department to determine the needs, policy, number, proposed job assignments, and sources for appointment.
On the basis of the results of the meeting of the leadership collective of the Civil Enforcement General Department, the Director of the Civil Enforcement General Department shall report to the Ministry's leadership responsible before approving the appointment policy.
2. Appointment procedures for internal candidates
a) Step 1: First Meeting of the Unit Leadership Team
- Participants: The leadership collective of the unit and the Party Committee of the unit that need to appoint. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department shall be invited to attend the meeting.
- Chairperson: The leadership of the Civil Enforcement General Department.
- Content: Discuss and reach consensus on the structure, criteria, conditions, and procedures for introducing personnel.
b) Step 2: Expanded unit leadership meeting.
- Participants: All civil servants, public officials, and employees of the unit requiring appointment according to Decree No. 68/2000/ND-CP. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department are invited to attend the meeting.
- Chairperson: The leadership of the Civil Enforcement General Department.
- Content: Discuss and agree on the organizational structure, standards, conditions, procedures for introducing human resources, related tasks, and conduct a secret ballot to introduce personnel.
- Introduction principle: Each participant can only introduce one person for each position among the planned personnel or introduce another person who meets the specified criteria and conditions.
Selection principle: The person with the highest number of votes exceeding 50% of the introduction votes shall be selected.
In cases where there are two or more positions to be appointed, select the person with over 50% of the introduction votes from top down until the required number of appointments is filled. If no one reaches over 50% of the introduction votes, then select the two persons with the highest number of introduction votes from top down to introduce for each position at subsequent steps (in cases where there are two or more positions to be appointed, select one more person than the planned number of appointments). The voting results will not be announced at this meeting.
c) Step 3: Second Meeting of the Unit Leadership Team
- Participants: The leadership collective of the unit that needs to appoint. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department shall be invited to attend the meeting.
- Chairperson: The leadership of the Civil Enforcement General Department.
- Content: Based on reviewing the results of personnel introduction from the expanded meeting of the unit leadership; based on the organizational structure, standards, conditions, job requirements, and capabilities of cadres, the unit's leadership team discusses and introduces personnel through a secret ballot.
- Introduction principle: Each participant attending the meeting may only introduce one person for one position among the introduced personnel at the expanded unit leadership meeting or introduce another person who meets the prescribed standards and conditions.
Selection principle: Follow step 2.
The vote counting results will be announced at this conference.
d) Step 4: Organize opinions from all civil servants, officials, and employees regarding the proposed appointees.
- Participants: All civil servants, officials, and employees of the unit according to Decree No. 68/2000/ND-CP that need to appoint cadres. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department shall be invited to attend the meeting.
- Chairperson: The leadership of the Civil Enforcement General Department.
- Content: Exchange and discuss the organizational structure, standards, conditions, specific job requirements of the unit, and the ability of cadres to meet these requirements; announce the list of personnel introduced by the unit's leadership collective (at step 3); summarize the curriculum vitae, education, and work history; provide comments and evaluations on strengths, weaknesses, prospects for development; proposed job assignments; the proposed appointee presents their action plan if appointed (if applicable) and answers relevant questions before voting; take opinions by secret ballot from civil servants, officials, and employees regarding the proposed appointees.
The voting results will not be announced at this meeting.
đ) Step 5: Meeting of the unit's leadership collective (third time).
- Participants: The leadership collective of the unit that needs to appoint. Representatives from the Leadership of the Organization and Cadres Department of the Civil Enforcement General Department shall be invited to attend the meeting.
- Chairperson: The leadership of the Civil Enforcement General Department.
- Content: Discuss and analyze the voting results from previous meetings; verify and conclude new issues (if any); vote on personnel by secret ballot.
The vote counting results will be announced at this conference.
Selection principle: The person with the highest number of votes exceeding 50% of the introduction votes shall be selected for introduction and appointment. In cases where the leadership collective introduces two people with equal votes (reaching 50%), the personnel introduced by the unit head shall be selected for appointment recommendation.
The leadership of the unit that needs to appoint requests the unit's Party Committee to provide written comments on the proposed appointees; requests the competent authority to check, verify, and conclude on political standards (political history and current politics) for the proposed appointees and complete the dossier to submit to the Organization and Cadres Department of the Civil Enforcement General Department for reporting to the leadership collective of the Civil Enforcement General Department; requests the Standing Committee of the Party Committee of the Civil Enforcement General Department to provide written comments on the proposed appointees.
e) Appointment Decision
The Organization and Cadres Department of the Civil Enforcement General Department completes the dossier and submits it to the Director of the Civil Enforcement General Department for signing the appointment decision.
3. Appointment Procedure for Personnel from Other Agencies
a) For personnel proposed by the unit
Step 1: The leader of the Civil Execution General Department or the Director of the Cadre and Personnel Department of the Civil Execution General Department shall meet with the proposed appointees to discuss work requirements and appointment needs; work with the leadership collective and the Party Committee of the unit requiring the appointment and obtain in writing the opinion of the Party Committee of the unit requiring the appointment on the appointment; work with the leadership collective and the Party Committee where the personnel are currently working to exchange views and request written opinions on the appointment and provide comments and evaluations on the proposed appointees; verify the background of the proposed appointees; request the competent authority to inspect, verify, and conclude on political standards (political history and current politics) for the proposed appointees.
Step 2: The leadership of the Civil Enforcement General Department chairs a meeting of the unit's leadership collective that needs to appoint to discuss, comment, evaluate, and vote on the proposed appointees. Personnel receiving more than 50% of the introduction votes shall be selected. In cases where the introduction votes are 50%, the unit head shall consider the introduction for appointment, while reporting to the leadership of the Civil Enforcement General Department for consideration and comments, and requesting the Standing Committee of the Party Committee of the Civil Enforcement General Department to provide written comments on the proposed appointees.
Step 3: The Organization and Cadres Department of the Civil Enforcement General Department completes the dossier and submits it to the Director of the Civil Enforcement General Department for signing the appointment decision.
b) For personnel proposed by the leadership of the Civil Enforcement General Department to receive, transfer, and appoint
Step 1: The leadership of the Civil Enforcement General Department or the Head of the Organization and Cadres Department of the Civil Enforcement General Department shall meet with the proposed appointees to discuss job requirements and appointment needs; work with the leadership collective and the Party Committee of the unit that needs to appoint and obtain written opinions from the Party Committee of the unit that needs to appoint on the appointment; work with the leadership collective and the Party Committee of the unit where the personnel are currently working to exchange and request written opinions on the appointment and comments and evaluations on the proposed appointees; verify the background of the proposed appointees; request the competent authority to check, verify, and conclude on political standards (political history and current politics) for the proposed appointees.
The Cadre and Personnel Department of the Civil Execution General Department shall report to the leadership collective of the Civil Execution General Department for consideration and voting on the proposed appointees; request the Standing Committee of the Party Committee of the Civil Execution General Department to provide written opinions on the proposed appointees.
Step 2: The Department of Organization and Cadres of the Civil Enforcement General Department completes the file and submits it to the Director of the Civil Enforcement General Department for signing the appointment decision.
4. The application dossier for appointment shall be implemented in accordance with Clause 4, Article 26 of this Circular.
5. The Director of the Civil Enforcement General Department shall organize the announcement of the appointment decision for Deputy Heads of Departments and equivalent positions within the Civil Enforcement General Department.
12. Article 32 is amended and supplemented as follows:
"Article 32. Appointment Procedures for Directors of Civil Enforcement Departments at Provincial and Central City Levels
1. Determining Needs, Policies, and Sources for Appointment
Based on work requirements, organizational structure, number of leaders of the unit, the leadership collective and the unit's Party Committee that needs to appoint a head shall convene a meeting, discuss, reach consensus, and propose to the Director of the Civil Enforcement General Department to organize a meeting of the leadership collective of the Civil Enforcement General Department to determine the need, policy, and source of appointment.
In case of necessity or when the unit does not proactively propose, the Head of the Department of Organization and Cadres of the Civil Enforcement General Department shall report to the Director of the Civil Enforcement General Department to organize a meeting of the leadership collective of the Civil Enforcement General Department to determine the need, policy, and source of appointment.
On the basis of the results of the discussion by the leadership collective of the Civil Enforcement General Department, the Director of the Civil Enforcement General Department shall report to the Ministry's leadership responsible and the Minister before submitting to the Party Cadre Affairs Board of the Ministry of Justice for approval of the appointment policy and source.
2. Appointment procedures for internal candidates
a) Step 1: First Meeting of the Leadership Collective of the Civil Enforcement Department
- Participants: Leadership collective of the Department, Party Committee of the Civil Enforcement Department. Invite representatives from the Department of Organization and Cadres of the Civil Enforcement General Department and the local personnel management agency to attend the meeting.
- Chairperson: Leadership of the Civil Enforcement General Department or the Head of the Department of Organization and Cadres of the Civil Enforcement General Department.
- Content: Discuss and agree on the organizational structure, standards, conditions, and procedures for introducing personnel.
b) Step 2: Expanded Meeting of the Leadership Collective of the Civil Enforcement Department
- Participants: Leadership collective of the Department, Party Committee of the Department, Heads of Departments and equivalent positions within the Department, Heads of Sub-departments under the Department, and heads of political and social organizations within the Civil Enforcement Department. Invite representatives from the Department of Organization and Cadres of the Civil Enforcement General Department and the local personnel management agency to attend the meeting.
- Chairperson: Leadership of the Civil Enforcement General Department or the Head of the Department of Organization and Cadres of the Civil Enforcement General Department.
- Content: Discuss and agree on the organizational structure, standards, conditions, procedures for introducing personnel, related tasks, and conduct a secret ballot to introduce personnel.
- Introduction principle: Each participant can only introduce one person for each position among the planned personnel or introduce another person who meets the specified criteria and conditions.
Selection Principle: The person with the highest number of votes exceeding 50% of the total number of nominations will be selected. If no one achieves more than 50% of the nominations, then the two persons with the highest number of nominations will be selected for further nomination. The voting result will not be announced at this meeting.
c) Step 3: Second Meeting of the Leadership Collective of the Civil Enforcement Department
- Participants: Leadership collective of the Civil Enforcement Department. Invite representatives from the Department of Organization and Cadres of the Civil Enforcement General Department and the local personnel management agency to attend the meeting.
- Chairperson: Leadership of the Civil Enforcement General Department or the Head of the Department of Organization and Cadres of the Civil Enforcement General Department.
- Content: Based on reviewing the results of personnel nominations from the expanded meeting of the leadership collective of the Civil Enforcement Department; according to the organizational structure, standards, conditions, and job requirements, the leadership collective of the Civil Enforcement Department will conduct discussions and nominate personnel through secret ballots.
- Nomination Principle: Each participant can only nominate one person for one position among the nominated personnel from the expanded meeting of the leadership collective of the Civil Enforcement Department or nominate another person who meets the required standards and conditions.
Selection principle: Follow step 2.
The vote counting results will be announced at this conference.
If the nomination results from the Civil Enforcement Department leadership meeting differ from those obtained in Step 2, the Civil Enforcement General Department shall report and explain clearly to the Party Cadre Affairs Board of the Ministry of Justice for review and guidance before proceeding to subsequent steps.
d) Step 4: Organize a meeting with all civil servants and employees regarding the proposed nominees for appointment
- Participants: All civil servants and employees of the Department according to Decree No. 68/2000/ND-CP; Heads of Sub-departments under the Department. Invite representatives from the Department of Organization and Cadres of the Civil Enforcement General Department and the local personnel management agency to attend the meeting.
- Chairperson: Leadership of the Civil Enforcement General Department or the Head of the Department of Organization and Cadres of the Civil Enforcement General Department.
- Content: Exchange and discuss the organizational structure, standards, conditions, specific job requirements of the unit, and the ability of cadres to meet these requirements; announce the list of personnel introduced by the unit's leadership collective (at step 3); summarize the curriculum vitae, education, and work history; provide comments and evaluations on strengths, weaknesses, prospects for development; proposed job assignments; the proposed appointee presents their action plan if appointed (if applicable) and answers relevant questions before voting; take opinions by secret ballot from civil servants, officials, and employees regarding the proposed appointees.
The voting results will not be announced at this meeting.
đ) Step 5: Third Meeting of the Leadership Collective of the Civil Enforcement Department
- Participants: Leadership collective of the Civil Enforcement Department. Invite representatives from the Department of Organization and Cadres of the Civil Enforcement General Department and the local personnel management agency to attend the meeting.
- Chairperson: Leadership of the Civil Enforcement General Department or the Head of the Department of Organization and Cadres of the Civil Enforcement General Department.
- Content: Discuss and analyze the ballot results from previous meetings, verify and conclude any new issues (if any); vote on personnel through secret ballots. The voting results will be announced at this meeting.
- Selection Principle: The person with the highest number of votes exceeding 50% will be selected for nomination. If the leadership collective nominates two people with equal votes (50%), they shall report to the leadership of the Civil Enforcement General Department for review and guidance.
The leadership of the unit requiring appointment shall request the unit's Party Committee to provide written comments on the proposed nominees and request the competent authority to check, verify, and conclude on their political criteria (political history and current political situation). They shall report to the leadership of the Civil Enforcement General Department to organize a meeting of the leadership collective to review and provide comments on the proposed nominees.
e) Appointment Decision
The Director of the Civil Enforcement General Department shall report to the Ministry's leadership responsible and the Minister; submit to the Party Cadre Affairs Board of the Ministry of Justice for review and approval of the nominees and obtain written opinions from the provincial Party Committee on the proposed nominees. Based on the opinions of the provincial Party Committee, the Civil Enforcement General Department shall report to the Party Cadre Affairs Board of the Ministry of Justice to discuss and conclude any emerging issues (if any) or submit to the Minister for signing the appointment decision.
3. Appointment Procedure for Personnel from Other Agencies
a) For personnel proposed by the Civil Enforcement Department
Step 1: The leader of the Civil Enforcement General Department or the Director of the Cadre and Civil Servant Affairs Department of the Civil Enforcement General Department meets with the proposed appointees to discuss work requirements and appointment needs; works with the leadership collective and the Party committee of the unit requiring the appointment and obtains the written opinion of the Party committee of the unit requiring the appointment on the appointment; works with the leadership collective and the Party committee where the personnel are currently working to exchange opinions and request written opinions on the appointment and provide comments and evaluations on the proposed appointees; verifies the background of the proposed appointees; requests the competent authority to check, verify, and conclude on political standards (political history and current politics) for the proposed appointees.
Step 2: The leader of the Civil Enforcement General Department or the Director of the Cadre and Civil Servant Affairs Department of the Civil Enforcement General Department chairs a meeting of the leadership collective of the Civil Enforcement Bureau to discuss, comment, evaluate, and vote on the proposed appointees. Personnel who receive more than 50% of the recommendation votes are selected. In case the number of recommendation votes is 50%, a full report is made for the leadership collective of the Civil Enforcement General Department to consider and give opinions.
Step 3: The Civil Enforcement General Department reports to the responsible Deputy Minister and the Minister; submits to the Party Cadre and Civil Servant Committee of the Ministry of Justice for consideration and approval of the personnel and issues a written request for the provincial Party committee to give opinions on the proposed appointees. Based on the opinions of the provincial Party committee, the Civil Enforcement General Department reports to the Party Cadre and Civil Servant Committee of the Ministry of Justice for discussion and conclusion on any arising issues (if any) or submits to the Minister for signing the appointment decision.
b) For personnel proposed to be received, transferred, and appointed by the Civil Enforcement General Department
Step 1: The leader of the Civil Execution General Department or the Director of the Cadre and Personnel Department of the Civil Execution General Department shall meet with the proposed appointees to discuss work requirements and appointment needs; work with the leadership collective and the Party Committee of the unit requiring the appointment and obtain in writing the opinion of the Party Committee of the unit requiring the appointment on the appointment; work with the leadership collective and the Party Committee where the personnel are currently working to exchange views and request written opinions on the appointment and provide comments and evaluations on the proposed appointees; verify the background of the proposed appointees; request the competent authority to inspect, verify, and conclude on political standards (political history and current politics) for the proposed appointees.
The Cadre and Civil Servant Affairs Department of the Civil Enforcement General Department reports to the leadership collective of the Civil Enforcement General Department for consideration and voting on the proposed appointees.
Step 2: The Civil Enforcement General Department reports to the responsible Deputy Minister and the Minister; submits to the Party Cadre and Civil Servant Committee of the Ministry of Justice for consideration and approval of the personnel and issues a written request for the provincial Party committee to give opinions on the proposed appointees. Based on the opinions of the provincial Party committee, the Civil Enforcement General Department reports to the Party Cadre and Civil Servant Committee of the Ministry of Justice for discussion and conclusion on any arising issues (if any) or submits to the Minister for signing the appointment decision.
4. The application dossier for appointment shall be implemented in accordance with Clause 4, Article 26 of this Circular.
5. The Director of the Civil Enforcement General Department organizes the announcement of the appointment decision for the Director of the Civil Enforcement Bureau.
13. Article 33 is amended and supplemented as follows:
"Article 33. Appointment Procedures for Deputy Directors of Provincial Civil Enforcement Bureaus under Central Cities
1. Determining Needs, Policies, and Sources for Appointment
Based on work needs, organizational structure, and the number of leaders of the Civil Enforcement Bureau, the leadership collective and the Party committee of the Civil Enforcement Bureau convene a meeting, discuss, reach consensus, and propose to the Director of the Civil Enforcement General Department to organize a meeting of the leadership collective of the Civil Enforcement General Department to determine the need, policy, quantity, planned assignment of tasks, and sources of appointments.
If necessary or if the unit does not proactively propose, the Director of the Cadre and Civil Servant Affairs Department of the Civil Enforcement General Department proposes to the Director of the Civil Enforcement General Department to organize a meeting of the leadership collective of the Civil Enforcement General Department to determine the need, policy, quantity, planned assignment of tasks, and sources of appointments.
2. Appointment procedures for internal candidates
a) Step 1: First Meeting of the Leadership Collective of the Civil Enforcement Department
- Participants: The leadership collective of the Bureau, the Party committee of the Civil Enforcement Bureau. Invite representatives from the local cadre management agency to attend the meeting.
- Chairperson: The Director of the Civil Enforcement Bureau.
- Content: Discuss and agree on the organizational structure, standards, conditions, and procedures for introducing personnel.
b) Step 2: Expanded Meeting of the Leadership Collective of the Civil Enforcement Department
- Participants: The leadership collective of the Bureau, the Party committee of the Bureau, the heads of political-social organizations within the Bureau, the Heads of specialized departments and equivalent positions within the Bureau, and the Directors of subordinate Civil Enforcement Branches. Invite representatives from the local cadre management agency to attend the meeting.
- Chairperson: The Director of the Civil Enforcement Bureau.
- Content: Discuss and agree on the organizational structure, standards, conditions, procedures for introducing personnel, related tasks, and conduct a secret ballot to introduce personnel.
- Principle of nomination: Each participant at the meeting nominates one person for each position among the personnel in the planning or nominates another person who meets the required criteria and conditions.
Selection principle: The person with the highest number of votes over 50% of the introduction votes is selected. For multiple positions to be filled, select those with more than 50% of the introduction votes from the highest down until all required positions are filled.
If no one receives more than 50% of the nomination votes, then select two people with the highest number of nomination votes from top to bottom for each position in subsequent steps (if there are two or more positions to be appointed, select one more person than the number of proposed appointments).
The voting results will not be announced at this meeting.
c) Step 3: Second Meeting of the Leadership Collective of the Civil Enforcement Department
- Participants: The leadership collective of the Civil Enforcement Bureau. Invite representatives from the local cadre management agency to attend the meeting.
- Chairperson: The Director of the Civil Enforcement Bureau.
- Content: Based on reviewing the results of personnel nominations from the expanded meeting of the leadership collective of the Civil Enforcement Department; according to the organizational structure, standards, conditions, and job requirements, the leadership collective of the Civil Enforcement Department will conduct discussions and nominate personnel through secret ballots.
- Principle of nomination: Each participant at the meeting only nominates one person for one position among the nominated personnel at the expanded leadership meeting of the Bureau or nominates another person who meets the required criteria and conditions.
Selection principle: Follow step 2.
The vote counting results will be announced at this conference.
If the results of the nominations at the Bureau Leadership Meeting differ from the results of the discovery and nomination of personnel at Step 2, report to the leadership collective of the Civil Enforcement General Department for consideration and opinion before proceeding with subsequent steps.
d) Step 4: Organize a meeting of all civil servants and employees to obtain their opinions on the proposed appointees.
- Participants: All civil servants and employees according to Decree No. 68/2000/NĐ-CP of the Bureau; the Directors of subordinate Civil Enforcement Branches. Invite representatives from the local cadre management agency to attend the meeting.
- Chairperson: The Director of the Civil Enforcement Bureau.
- Content: Discuss the organizational structure, criteria, conditions, specific job requirements of the unit, and the ability of cadres to meet these requirements; announce the list of personnel nominated by the Bureau's leadership collective and the guidance of the Civil Enforcement General Department; summarize the background, education, and work experience; provide comments and evaluations on strengths, weaknesses, prospects for development; planned assignment of tasks; the proposed appointee presents a program of action if appointed and answers relevant questions before voting (if applicable); obtain the opinions of civil servants and employees on the proposed appointees through secret ballots.
The voting results will not be announced at this meeting.
e) Step 5: A third meeting of the leadership collective of the Civil Enforcement Bureau.
- Participants: The leadership collective of the Civil Enforcement Bureau. Invite representatives from the local cadre management agency to attend the meeting.
- Chairperson: The Director of the Civil Enforcement Bureau.
- Content: Discussing and analyzing the results of ballots at meetings, verifying, concluding on new issues arising (if any); secret ballot for personnel appointments. The ballot results are announced at this meeting.
- Selection principle: The person with the highest number of votes exceeding 50% shall be selected for appointment recommendation. In case the leadership body of the Bureau introduces two candidates with equal votes (reaching 50%), the personnel introduced by the Bureau Director shall be chosen.
The Director of the Civil Enforcement Bureau proposes to the Party Committee of the Civil Enforcement Bureau for comments in writing regarding the proposed appointees; requests the competent authority to examine, verify, and conclude on political criteria (political history and current politics) for the proposed appointees. At the same time, submit a report and seek opinions from the provincial Party Committee regarding the proposed appointees (except for the Deputy Director of the Civil Enforcement Bureau of Hanoi City and the Deputy Director of the Civil Enforcement Bureau of Ho Chi Minh City); present to the leadership of the General Department of Civil Enforcement for consideration and comments.
e) Appointment Decision
The Cadre and Personnel Affairs Division of the General Department of Civil Enforcement reports to the leadership collective of the General Department of Civil Enforcement; submits to the General Department Director of the General Department of Civil Enforcement for signing the appointment decision.
3. Appointment process for personnel sourced from other agencies
a) For personnel proposed by the Civil Enforcement Department
Step 1: The leadership of the Civil Enforcement Bureau meets with the proposed appointees to discuss work requirements and appointment needs; works with the leadership collective and Party Committee of the unit where the personnel are currently working to exchange views and request written opinions on the appointment and evaluation of the proposed appointees; verifies the background of the proposed appointees; requests the competent authority to examine, verify, and conclude on political criteria (political history and current politics) for the proposed appointees.
Step 2: The leadership collective of the Bureau discusses, evaluates, and votes on the proposed appointees. The candidate receiving more than 50% of the introduction votes shall be selected. If the introduction votes reach 50%, the Director of the Civil Enforcement Bureau will consider the introduction for appointment, while reporting to the leadership of the General Department of Civil Enforcement for consideration and comments.
Based on the results of introducing personnel by the leadership collective of the Bureau, the Director prepares a document to seek the opinion of the Party Committee of the Civil Enforcement Bureau and reports, seeking the opinion of the provincial Party Committee regarding the proposed appointees, presenting to the General Department of Civil Enforcement.
Step 3: The Cadre and Personnel Affairs Division of the General Department of Civil Enforcement reports to the leadership collective of the General Department for examination and voting on the proposed appointees; completes the dossier, submitting to the General Department Director of the General Department of Civil Enforcement for signing the appointment decision.
b) For personnel proposed to be received, transferred, and appointed by the Civil Enforcement General Department
Step 1: The leadership of the Civil Enforcement General Department or the Head of the Organization and Cadres Department of the Civil Enforcement General Department shall meet with the proposed appointees to discuss job requirements and appointment needs; work with the leadership collective and the Party Committee of the unit that needs to appoint and obtain written opinions from the Party Committee of the unit that needs to appoint on the appointment; work with the leadership collective and the Party Committee of the unit where the personnel are currently working to exchange and request written opinions on the appointment and comments and evaluations on the proposed appointees; verify the background of the proposed appointees; request the competent authority to check, verify, and conclude on political standards (political history and current politics) for the proposed appointees.
The leadership collective of the General Department of Civil Enforcement examines and votes on the proposed appointees; requests the provincial Party Committee to provide written opinions on the proposed appointees.
Step 2: The Cadre and Personnel Affairs Division of the General Department of Civil Enforcement completes the dossier, submitting to the General Department Director of the General Department of Civil Enforcement for signing the appointment decision.
For cases not holding the rank of Enforcement Officer, the General Department of Civil Enforcement presents to the Ministry Leader responsible for signing the appointment decision for Enforcement Officer before the General Department Director of the General Department of Civil Enforcement signs the appointment decision.
4. The application dossier for appointment shall be implemented in accordance with Clause 4, Article 26 of this Circular.
5. The Director organizes the announcement of the appointment decision for the Deputy Director of the Civil Enforcement Bureau.
14. Article 35 is amended and supplemented as follows:
"Article 35. Delegating the position of head of department, delegating responsibility for units
1. In cases where the Department of Civil Enforcement needs to strengthen the head of department but upon review and evaluation, no suitable personnel have been identified or proposed personnel have not been approved by the competent authority, the leadership of the General Department of Civil Enforcement or the Director of the Personnel Office of the General Department of Civil Enforcement shall convene a joint meeting with the leadership of the unit, the same-level Party Committee, and the heads of political-social organizations to discuss, select, and introduce personnel to delegate the position of Department Head or to delegate responsibility for the Department of Civil Enforcement.
2. In cases of delegating the position of Department Head of the Department of Civil Enforcement, the General Department of Civil Enforcement shall report to the Party Cadre and Member Council of the Ministry of Justice for consideration and decision on the delegation of the position, and shall issue a document seeking opinions from the provincial-level Party Committee regarding the proposed delegation of the position. Based on the opinions of the provincial-level Party Committee, the General Department of Civil Enforcement shall submit to the Party Cadre and Member Council of the Ministry of Justice for discussion and conclusion on any arising issues (if any), or submit to the Minister for signing the decision to delegate the position of Department Head.
3. In cases of delegating responsibility for the Department of Civil Enforcement, the General Department Head of the General Department of Civil Enforcement shall report to the Minister and the Deputy Minister responsible for personnel introduced for the Minister's consideration and decision to delegate responsibility.
15. Article 36 is amended and supplemented as follows:
"Article 36. Appointment procedures for leaders at the Division level under the Department of Civil Enforcement
1. Determining needs, policies, quantity, planned job assignments, and sources of appointment
Based on work requirements, organizational structure, number of leaders of the unit, the collective leadership and the same-level Party Committee of the unit that need to appoint shall convene a meeting, discuss, agree, and propose to the Department Head of the Department of Civil Enforcement to organize a meeting of the collective leadership of the Department of Civil Enforcement to determine the requirements, policy, number, planned job assignments, and sources of appointment.
In necessary cases or when the unit does not proactively propose, the Head of the Personnel Division of the Department of Civil Enforcement shall report to the Department Head of the Department of Civil Enforcement to organize a meeting of the collective leadership of the Department of Civil Enforcement to determine the requirements, policy, number, planned job assignments, and sources of appointment.
2. Appointment procedures for internal candidates
a) Step 1: First Meeting of the Unit Leadership Team
- Participants: The collective leadership of the unit that needs to appoint. Inviting representatives of the Leadership of the Personnel Division to attend the meeting.
- Chairperson: The leadership of the Department of Civil Enforcement.
- Content: Discuss and agree on the organizational structure, standards, conditions, and procedures for introducing personnel.
b) Step 2: Expanded Meeting of the Unit Leadership
- Participants: All officials, civil servants, and employees under Decree No. 68/2000/ND-CP of the unit that needs to appoint. Inviting representatives of the Leadership of the Personnel Division to attend the meeting.
- Chairperson: The leadership of the Department of Civil Enforcement.
- Content: Discuss and agree on the organizational structure, standards, conditions, procedures for introducing personnel, related tasks, and conduct a secret ballot to introduce personnel.
- Principle of introduction: Each participant attending the meeting may only introduce one person for one position among the personnel in the planning or introduce another person who meets the prescribed criteria and conditions.
Selection principle: The person with the highest number of votes over 50% of the introduction votes is selected. For multiple positions to be filled, select those with more than 50% of the introduction votes from the highest down until all required positions are filled.
If no one receives more than 50% of the nomination votes, then select two people with the highest number of nomination votes from top to bottom for each position in subsequent steps (if there are two or more positions to be appointed, select one more person than the number of proposed appointments).
The voting results will not be announced at this meeting.
c) Step 3: Second Meeting of the Unit Leadership Team
- Participants: The collective leadership of the unit that needs to appoint. Inviting representatives of the Leadership of the Personnel Division to attend the meeting.
- Chairperson: The leadership of the Department of Civil Enforcement.
- Content: Based on reviewing the results of personnel introduction from the expanded meeting of the unit leadership; based on the organizational structure, standards, conditions, job requirements, and capabilities of cadres, the unit's leadership team discusses and introduces personnel through a secret ballot.
- Principle of introduction: Each participant attending the meeting introduces one person for one position among the personnel introduced at the expanded leadership meeting of the unit or introduces another person who meets the prescribed criteria and conditions.
Selection principle: Follow step 2.
The vote counting results will be announced at this conference.
d) Step 4: Organizing a full consultation of civil servants and employees of the unit on the proposed personnel for appointment
- Participants: All civil servants and employees under Decree No. 68/2000/ND-CP of the unit that needs to appoint. Inviting representatives of the Leadership of the Personnel Division to attend the meeting.
- Chairperson: The leadership of the Department of Civil Enforcement.
- Content: Discussing and deliberating on the organizational structure, standards, conditions, specific requirements of the unit and the ability to meet these requirements; announcing the list of personnel introduced by the collective leadership of the unit and the instructions of the leadership of the Department of Civil Enforcement; summarizing the curriculum vitae, educational and work history; evaluating strengths, weaknesses, prospects for development; planned job assignments; the proposed personnel for appointment present their action program if appointed and answer questions related to the vote (if any); collecting opinions by secret ballot of civil servants and employees on the proposed personnel for appointment.
The voting results will not be announced at this meeting.
đ) Step 5: Meeting of the unit's leadership collective (third time).
- Participants: The collective leadership of the unit that needs to appoint.
- Chairperson: The leadership of the Department of Civil Enforcement.
- Content: Discuss and analyze the voting results from previous meetings; verify and conclude new issues (if any); vote on personnel by secret ballot.
The vote counting results will be announced at this conference.
- Selection principle: Personnel receiving more than 50% of votes is selected for recommendation. If there are more than one position to be appointed, then select those with over 50% of votes recommended from top down until the required number is filled. If two personnel receive the same number of votes (50%), then select the personnel recommended by the head of the unit for appointment.
The leadership of the unit that needs to appoint requests the Party Committee of the unit (if any) to provide written comments on the proposed personnel for appointment. At the same time, report to the collective leadership of the Department of Civil Enforcement for consideration and issue a document requesting the Party Committee of the Department of Civil Enforcement to provide written comments on the proposed personnel for appointment; request the competent authority to check, verify, and conclude on the political standards (political history and current politics) of the proposed personnel for appointment.
e) Decision on appointment: The Personnel Division completes the file and submits it to the Department Head of the Department of Civil Enforcement for signing the decision on appointment.
3. Appointment procedures for personnel from other units
a) For personnel proposed by the unit
Step 1: The leadership of the Department of Civil Enforcement or the Head of the Personnel Division meets with the proposed personnel for appointment to discuss work requirements and appointment needs; works with the collective leadership and the Party Committee of the unit that needs to appoint and seeks written opinions (if any) from the Party Committee of the unit that needs to appoint on the appointment; works with the collective leadership and the Party Committee of the unit where the personnel are currently working to discuss and seek written opinions on the appointment and evaluate and assess the proposed personnel for appointment; verifies the curriculum vitae of the proposed personnel for appointment; requests the competent authority to check, verify, and conclude on the political standards (political history and current politics) of the proposed personnel for appointment.
Step 2: The leadership of the Department convenes a meeting of the collective leadership of the unit that needs to appoint to discuss, evaluate, and vote on the proposed personnel for appointment. Personnel receiving more than 50% of votes is selected. If the number of votes received is 50%, the head of the unit will consider recommending the proposed personnel for appointment; at the same time, report to the leadership of the Department of Civil Enforcement for consideration, provide opinions, and request the Party Committee of the Department of Civil Enforcement to provide written comments on the proposed personnel for appointment.
Step 3: The Personnel Organization Department completes the file and submits it to the Director of the Civil Enforcement Agency for signing the appointment decision.
b) For personnel proposed for reception, transfer, or appointment by the leadership of the Civil Enforcement Agency
Step 1: The Director of the Civil Enforcement Agency or the Head of the Personnel Organization Department meets with the proposed appointee to discuss work requirements and appointment needs; works with the leadership team and the party committee of the unit requiring the appointment and obtains their written opinion on the appointment (if applicable); works with the leadership team and the party committee of the unit where the proposed appointee is currently working to exchange views and request their written opinion on the appointment and provide comments and evaluations on the proposed appointee; verifies the curriculum vitae of the proposed appointee; requests the competent authority to check, verify, and conclude on political standards (political history and current politics) for the proposed appointee.
The leadership team of the Civil Enforcement Agency examines and votes on the proposed appointee; requests the party committee of the Civil Enforcement Agency to provide a written opinion on the proposed appointee.
Step 2: The Personnel Organization Department completes the file and submits it to the Director of the Civil Enforcement Agency for signing the appointment decision.
4. The application dossier for appointment shall be implemented in accordance with Clause 4, Article 26 of this Circular.
5. The Director organizes the announcement of the appointment decision for the leadership of the Departments under the Civil Enforcement Agency.
16. Article 39 is amended and supplemented as follows:
"Article 39. Appointment Procedures for the Heads of Civil Enforcement Agencies
1. Determining Needs, Policies, and Sources for Appointment
Based on work requirements, the organizational structure, and the number of leaders of the Civil Enforcement Agencies, the leadership team and the party committee of the Civil Enforcement Agencies convene meetings, discuss, reach consensus, and propose to the Director of the Civil Enforcement Agency to organize a meeting of the leadership team of the Civil Enforcement Agency to determine the need, policy, and source of appointments.
In cases where necessary or when the unit does not proactively propose, the Head of the Personnel Organization Department reports to the Director of the Civil Enforcement Agency to organize a meeting of the leadership team of the Civil Enforcement Agency to determine the need, policy, and source of appointments.
2. Appointment procedures for internal candidates
a) Step 1: The first meeting of the leadership team of the Civil Enforcement Agency
- Participants: The leadership team of the Civil Enforcement Agency, the Party Committee of the Civil Enforcement Agency. Invite representatives from the Personnel Organization Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Department of Civil Enforcement.
- Content: Discuss and agree on the organizational structure, criteria, conditions, and procedures for recommending candidates.
b) Step 2: An expanded meeting of the leadership of the Civil Enforcement Agency.
- Participants: All civil servants and employees under Decree No. 68/2000/NĐ-CP of the Civil Enforcement Agency. Invite representatives from the Personnel Organization Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Civil Enforcement Agency.
- Content: Discuss and agree on the organizational structure, standards, conditions, procedures for introducing personnel, related tasks, and conduct a secret ballot to introduce personnel.
- Recommendation principle: Each participant at the meeting may only recommend one person for the position being considered for appointment among the candidates in the planning or recommend another person who meets the specified criteria and conditions.
Selection Principle: The person with the highest number of votes exceeding 50% of the total number of nominations will be selected. If no one achieves more than 50% of the nominations, then the two persons with the highest number of nominations will be selected for further nomination. The voting result will not be announced at this meeting.
c) Step 3: The second meeting of the leadership team of the Civil Enforcement Agency
- Participants: The leadership team of the Civil Enforcement Agency. Invite representatives from the Personnel Organization Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Department of Civil Enforcement.
- Content: On the basis of reviewing the results of candidate recommendations from the expanded meeting of the leadership of the Civil Enforcement Agency; based on the organizational structure, criteria, conditions, job requirements, and ability to meet the needs of cadres, the leadership team of the Civil Enforcement Agency conducts discussions and recommends candidates through secret ballots.
- Recommendation principle: Each participant at the meeting may only recommend one person for one position among the candidates recommended at the expanded meeting of the leadership of the Civil Enforcement Agency or recommend another person who meets the specified criteria and conditions.
Selection principle: Follows the procedure in Step 2.
The vote counting results will be announced at this conference.
d) Step 4: Organize a meeting with all civil servants and employees of the Civil Enforcement Agency
- Participants: All civil servants and employees under Decree No. 68/2000/NĐ-CP of the Civil Enforcement Agency. Invite representatives from the Personnel Organization Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Civil Enforcement Agency.
- Content: Exchange views and discuss the organizational structure, criteria, conditions, specific job requirements of the unit, and the ability of cadres to meet these requirements; announce the list of candidates recommended by the leadership team of the Civil Enforcement Agency and the opinion of the leadership of the Civil Enforcement Agency; summarize the curriculum vitae, educational background, and work experience; comment on strengths, weaknesses, potential for development; propose job assignments; candidates recommended for appointment present their action plans if appointed (if applicable) and answer related questions before voting; obtain opinions through secret ballots from civil servants, officials, and employees regarding the recommended candidates.
The voting results will not be announced at this meeting.
đ) Step 5: The third meeting of the leadership team of the Civil Enforcement Agency.
- Participants: The leadership of the Civil Enforcement Agency. Invite representatives from the Personnel Organization Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Department of Civil Enforcement.
- Content: Discuss and analyze the results of the ballots from previous meetings; verify and conclude on new issues arising (if any); vote on candidates through secret ballots. The ballot results are announced at this meeting.
- Selection principle: The candidate receiving more than 50% of the recommendation votes is selected for nomination for appointment. If the leadership team recommends two candidates with equal votes (50%), the candidate nominated by the head of the unit is chosen.
The Civil Enforcement Agency has a written request to the party committee of the Civil Enforcement Agency for a written opinion on the proposed appointee; reports to the leadership team of the Civil Enforcement Agency for review and sends a written document to the county-level party committee for their opinion on the proposed appointee; requests the competent authority to check, verify, and conclude on political standards (political history and current politics) for the proposed appointee.
e) Appointment Decision
The Enforcement Agency shall complete the file and report to the Director of the National Office of Enforcement for consideration and decision on appointment.
3. Appointment Procedure for Personnel from Other Agencies
a) For personnel proposed by the District Enforcement Agency
Step 1: The leadership of the Enforcement Agency or the Head of the Personnel Department shall meet with the proposed appointee to discuss work requirements and appointment needs; work with the leadership collective and the Party Committee of the unit requiring the appointment and obtain their written opinion on the appointment; work with the leadership collective and the Party Committee where the personnel are currently working to exchange views and request their written opinions on the appointment and provide comments and evaluations on the proposed appointee; verify the background of the proposed appointee; request the competent authority to check, verify, and conclude on the political criteria (political history and current politics) of the proposed appointee.
Step 2: The leadership of the Enforcement Agency shall chair a meeting of the leadership collective of the District Enforcement Agency to discuss, comment, evaluate, and vote on the proposed appointee. If the number of votes exceeds 50% of the total number of nominations, the appointee will be selected. In case the number of votes is 50%, the Director of the District Enforcement Agency shall consider the nomination; seek the opinion of the District Enforcement Agency's Party Committee; simultaneously report all differing opinions (if any) to the leadership collective of the Enforcement Agency for consideration; issue a document seeking the opinion of the county-level Party Committee regarding the proposed appointee.
Step 3: The Enforcement Agency shall complete the file and report to the Director of the National Office of Enforcement for signing the appointment decision.
b) For personnel proposed by the Leadership of the Enforcement Agency to receive, transfer, or appoint
Step 1: The leadership of the Enforcement Agency or the Head of the Personnel Department shall meet with the proposed appointee to discuss work requirements and appointment needs; work with the leadership collective and the Party Committee of the unit requiring the appointment and obtain their written opinion on the appointment; work with the leadership collective and the Party Committee where the personnel are currently working to exchange views and request their written opinions on the appointment and provide comments and evaluations on the proposed appointee; verify the background of the proposed appointee; request the competent authority to check, verify, and conclude on the political criteria (political history and current politics) of the proposed appointee.
The Personnel Department shall report to the leadership collective of the Enforcement Agency for consideration and voting on the proposed appointee; issue a document seeking the opinion of the District Enforcement Agency's Party Committee and the county-level Party Committee regarding the proposed appointee.
Step 2: The Enforcement Agency shall complete the file and submit it to the Director of the National Office of Enforcement for signing the appointment decision.
For cases not holding the rank of Enforcement Officer, the General Department of Civil Enforcement presents to the Ministry Leader responsible for signing the appointment decision for Enforcement Officer before the General Department Director of the General Department of Civil Enforcement signs the appointment decision.
4. The application dossier for appointment shall be implemented in accordance with Clause 4, Article 26 of this Circular.
5. The Director shall organize the announcement of the appointment decision for the Director of the District Enforcement Agency.
17. Article 40 is amended and supplemented as follows:
"Article 40. Appointment Procedures for Deputy Directors of District Enforcement Agencies
1. Determining needs, policies, quantity, planned job assignments, and sources of appointment
Based on work requirements, organizational structure, and the number of leaders of the District Enforcement Agency, the leadership collective and the Party Committee of the District Enforcement Agency shall convene a meeting, discuss, agree, and propose to the Director of the Enforcement Agency to organize a meeting of the leadership collective of the Enforcement Agency to determine the need, policy, number, and planned allocation of tasks and sources of appointment.
In cases where necessary or when the unit does not proactively propose, the Head of the Personnel Department of the Enforcement Agency shall propose to the Director of the Enforcement Agency to organize a meeting of the leadership collective of the Enforcement Agency to determine the need, policy, number, and planned allocation of tasks and sources of appointment.
2. Appointment procedures for internal candidates
a) Step 1: The first meeting of the leadership team of the Civil Enforcement Agency
- Participants: The leadership collective of the District, the Party Committee of the District Enforcement Agency. Invite representatives from the Personnel Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Enforcement Agency or the Head of the Personnel Department.
- Content: Discuss and reach consensus on the structure, criteria, conditions, and procedures for introducing personnel.
b) Step 2: Expanded Meeting of the Leadership of the District Enforcement Agency
- Participants: All civil servants and employees under Decree No. 68/2000/NĐ-CP of the District Enforcement Agency. Invite representatives from the Personnel Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Enforcement Agency or the Head of the Personnel Department of the Enforcement Agency.
- Content: Discuss and agree on the organizational structure, standards, conditions, procedures for introducing personnel, related tasks, and conduct a secret ballot to introduce personnel.
- Introduction principle: Each participant can only introduce one person for each position among the planned personnel or introduce another person who meets the specified criteria and conditions.
Selection principle: The person with the highest number of votes over 50% of the introduction votes is selected. For multiple positions to be filled, select those with more than 50% of the introduction votes from the highest down until all required positions are filled.
In case no one receives more than 50% of the recommendation votes, two people with the highest number of recommendation votes will be selected from top to bottom for each position at subsequent steps (if there are two or more positions to be appointed, then select one more person than the number of planned appointments). The vote counting results will not be announced at this conference.
c) Step 3: The second meeting of the leadership team of the Civil Enforcement Agency
- Participants: The leadership team of the Civil Enforcement Agency. Invite representatives from the Personnel Organization Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Enforcement Agency or the Head of the Personnel Department of the Enforcement Agency.
- Content: On the basis of reviewing the results of candidate recommendations from the expanded meeting of the leadership of the Civil Enforcement Agency; based on the organizational structure, criteria, conditions, job requirements, and ability to meet the needs of cadres, the leadership team of the Civil Enforcement Agency conducts discussions and recommends candidates through secret ballots.
- Nomination Principle: Each participant at the meeting may only nominate one person for one position among the candidates proposed at the expanded meeting of the District leadership or nominate another person who meets the prescribed qualifications and conditions.
Selection principle: Follows the procedure in Step 2.
The vote counting results will be announced at this conference.
d) Step 4: Organize a meeting of all civil servants and employees of the District Enforcement Agency to solicit opinions on the proposed appointees
- Participants: All civil servants and employees under Decree No. 68/2000/NĐ-CP of the District Enforcement Agency. Invite representatives from the Personnel Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Enforcement Agency or the Head of the Personnel Department.
- Content: Discuss and deliberate on the organizational structure, standards, conditions, specific job requirements of the unit, and the ability of cadres to meet these requirements; announce the list of candidates proposed by the leadership collective of the District Enforcement Agency and the instructions of the leadership of the Enforcement Agency; summarize the background, education, and work experience; provide comments and evaluations on strengths, weaknesses, potential for development; planned job assignments; the proposed appointee shall present a program of action if appointed and answer relevant questions before voting (if applicable); collect opinions through secret ballots from civil servants, officials, and employees on the proposed appointees.
The voting results will not be announced at this meeting.
đ) Step 5: Third Meeting of the Leadership Collective of the District Enforcement Agency
- Participants: The leadership of the Civil Enforcement Agency. Invite representatives from the Personnel Organization Department and the local authority responsible for managing cadres to attend the meeting.
- Chairperson: The leadership of the Enforcement Agency or the Head of the Personnel Department.
- Content: Discuss and analyze the results of ballots from previous meetings; verify and conclude on new issues (if any); vote on personnel through a secret ballot.
The voting results will be announced at this meeting.
- Selection Principle: The candidate receiving the highest number of votes exceeding 50% of the total nominations will be selected for appointment. In cases of multiple positions to be filled, select candidates with more than 50% of the nominations from top to bottom until the required number of appointments is filled. In cases where two candidates have the same number of votes (50%), choose the candidate nominated by the head of the unit.
The District Enforcement Agency shall request the District Enforcement Agency's Party Committee to provide written opinions on the proposed appointee; report to the leadership collective of the Enforcement Agency for consideration and issue a document seeking the opinion of the county-level Party Committee on the proposed appointee; request the competent authority to check, verify, and conclude on the political criteria (political history and current politics) of the proposed appointee.
e) Appointment Decision
The Personnel Department shall complete the file and submit it to the Director of the Enforcement Agency for signing the appointment decision.
3. Appointment Procedure for Personnel from Other Agencies
a) For personnel proposed by the District Enforcement Agency
Step 1: The leadership of the Enforcement Agency or the Head of the Personnel Department shall meet with the proposed appointee to discuss work requirements and appointment needs; work with the leadership collective and the Party Committee of the unit requiring the appointment and obtain their written opinion on the appointment; work with the leadership collective and the Party Committee where the personnel are currently working to exchange views and request their written opinions on the appointment and provide comments and evaluations on the proposed appointee; verify the background of the proposed appointee; request the competent authority to check, verify, and conclude on the political criteria (political history and current politics) of the proposed appointee.
Step 2: The leadership of the Bureau shall chair a meeting of the collective leadership of the Enforcement Agency to discuss, comment, evaluate, and vote on the proposed personnel for appointment. Personnel receiving more than 50% of the recommendation votes shall be selected. In case the number of recommendation votes is 50%, the Director of the Enforcement Agency shall consider the recommendations; at the same time, report fully on different opinions (if any) for the collective leadership of the Enforcement Bureau to review, and issue a document seeking the opinion of the county-level Party Committee regarding the proposed appointees.
Step 3: The Personnel Organization Department completes the file and submits it to the Director of the Civil Enforcement Agency for signing the appointment decision.
b) For personnel proposed by the Leadership of the Enforcement Agency to receive, transfer, or appoint
Step 1: The leadership of the Enforcement Bureau or the Head of the Organization and Cadres Department shall meet with the proposed appointees to discuss work requirements and appointment needs; work with the collective leadership and the Party Committee of the unit requiring the appointment and obtain their written opinions on the appointment; work with the collective leadership and the Party Committee of the unit where the proposed appointee is currently working to exchange views and request their written opinions on the appointment and comments and evaluations on the proposed appointees; verify the background of the proposed appointees; request the competent authority to check, verify, and conclude on political standards (political history and current politics) for the proposed appointees.
The collective leadership of the Enforcement Bureau shall examine and vote on the proposed appointees; issue a document seeking the opinion of the county-level Party Committee regarding the proposed appointees.
Step 2: The Personnel Organization Department completes the file and submits it to the Director of the Civil Enforcement Agency for signing the appointment decision.
For cases where the appointee does not hold the rank of Enforcement Officer, the Director of the Enforcement Bureau shall report to the Supreme Enforcement Bureau to seek approval from the Ministry's leadership responsible for signing the appointment decision for the Enforcement Officer before signing the appointment decision.
The Enforcement Bureau shall implement the transfer within its authority or report to the competent authority regarding the acceptance of the appointed personnel.
4. The application dossier for appointment shall be implemented in accordance with Clause 4, Article 26 of this Circular.
5. The Director shall organize the announcement of the decision to appoint the Deputy Director of the Enforcement Agency.
18. Article 44 is amended and supplemented as follows:
"Article 44. Timeframe for Implementing Reappointment Procedures
Not later than 90 days from the date the term of office of the leadership position expires, the competent authority according to the分级管理公职人员和职员的规定,必须完成所有任命程序。对担任领导职务的公职人员和职员进行重新任命的决定必须在任期结束前至少提前一个工作日作出。因客观原因未能完成的,由有权机关决定继续履行职责。
19. Article 45 is amended and supplemented as follows:
"Article 45. Procedure and Process for Reappointment
1. Step 1: Evaluation and Assessment at the Unit
a) For reappointment to the position of Leadership of the Supreme Enforcement Bureau, convene a meeting of key cadres of the unit including the collective leadership of the Supreme Enforcement Bureau, the Standing Committee of the Party Committee of the Supreme Enforcement Bureau, the Heads of Departments under the Supreme Enforcement Bureau, representatives of political and social organizations under the Supreme Enforcement Bureau, and the Directors of Enforcement Bureaus. Invite representatives from the Organization and Cadres Department of the Ministry of Justice to attend the meeting.
b) For reappointment to other leadership and management positions, convene a meeting of all civil servants, public officials, and employees of the unit.
Participants: All civil servants, public officials, and employees of the unit in accordance with Decree No. 68/2000/ND-CP. Invite representatives from the Organization and Cadres Department of the Supreme Enforcement Bureau or representatives from the Organization and Cadres Department to attend the meeting.
Chairperson: Direct superior leadership (for heads) or the Head of the unit (for deputies)
c) At the meeting, civil servants and public officials in leadership and management positions present reports on self-assessment and evaluation during their tenure. Meeting participants provide opinions and vote secretly.
2. Step 2: The Head of the unit evaluates, assesses, and proposes opinions on reappointment. In the case of the head being the appointee, the head of the directly managing superior agency shall evaluate, assess, and propose opinions on reappointment.
For reappointment to the position of Director of the Supreme Enforcement Bureau, the Ministry's leadership responsible for the Supreme Enforcement Bureau, after soliciting the opinion of the Minister, shall conduct an assessment, evaluation, and proposal on reappointment.
3. Step 3: Convene a meeting of the collective leadership of the unit to evaluate, assess, exchange views, provide opinions on reappointment, and vote secretly.
Chairperson: Direct superior leadership (for heads) or the Head of the unit (for deputies).
4. Step 4: Obtain written opinions from the competent authority on cadre work regarding reappointment.
If the number of votes in favor of the proposed appointee is 50% or less at Step 1 or Step 3, the unit shall report to the competent authority for consideration and decision before obtaining written opinions from the competent authority on reappointment.
5. Step 5: Decision on Reappointment
Based on the results of the process implementation and the opinions of the competent authority on cadre work, the unit with the proposed appointee shall submit to the competent authority for consideration and decision.
6. The application dossier for reappointment includes:
a) A proposal for reappointment;
b) A report on the results of performing duties during the tenure of the proposed appointee and an evaluation and assessment by the Head of the unit or the head of the directly managing superior agency regarding the proposed appointee;
c) Minutes of meetings and ballot counting records (with ballots) during the process implementation;
d) Curriculum vitae of the proposed appointee (according to the model of the Ministry of Home Affairs);
đ) Declaration of assets and income;
e) Health examination certificate issued by a medical facility at the county level or higher within six months prior to submitting the reappointment application dossier;
g) Comments from the representative of the local Party Committee regarding the civic responsibility of the civil servant, public official, and their family;
h) Copies of educational certificates and training certificates according to the required qualifications for the proposed appointment and other certificates (if any). In the case of certificates issued by foreign countries, they must have a recognition document from the Quality Management Department of the Ministry of Education and Training.
20. Supplement Point h Clause 1 Article 63 as follows:
"1. The dossier for appointing an Enforcement Officer for the case provided for in Clause 6 Article 18 of the Law on Enforcement of Civil Judgments includes:
h) Certificate of civil enforcement practice training for civil servants currently working at civil enforcement agencies.
21. Clause 1 of Article 69 shall be amended and supplemented as follows:
"Article 69. Sample and Content of the Enforcement Officer Card
1. The Enforcement Officer Card has a length of 86 mm and a width of 54 mm, produced from plastic material.
22. Clause 1 of Article 70 shall be amended and supplemented as follows:
"Article 70. Sample and Content of the Enforcement Reviewer Card
1. The Enforcement Reviewer Card has a length of 86 mm and a width of 54 mm, produced from plastic material.
" Article 83. Transitional Provisions
3. From May 7, 2020, personnel considered for initial appointment to the position of Director of business units under the Civil Enforcement General Department must meet not only the general criteria stipulated by law but also the condition of having previously held the position of Director or Deputy Director of a Civil Enforcement Agency. Special units with specific criteria will be decided by the competent authority.
24. Amend and supplement Model No. 02/BNCB Appendix No. 1 issued together with Circular No. 02/2017/TT-BTP dated March 23, 2017, guiding certain aspects of managing civil servants, officials, and employees within the civil enforcement organizational system by the Minister of Justice.Circular No. 04/2017/TT-BGDĐT dated January 25, 2017).
Article 2. Remove the provisions at point e, clause 2, Article 7, and clause 6, Article 43 of Circular No. 02/2017/TT-BTP dated March 23, 2017, guiding certain aspects of managing civil servants, officials, and employees within the civil enforcement organizational system by the Minister of Justice.
Article 3. Implementation Provisions
1. This Circular takes effect from February 20, 2019.
2. From the date this Circular comes into force, cases that are currently or have already commenced the appointment or reappointment process according to the provisions of Circular No. 02/2017/TT-BTP dated March 23, 2017, guiding certain aspects of managing civil servants, officials, and employees within the civil enforcement organizational system by the Minister of Justice shall continue to be implemented according to the provisions of Circular No. 02/2017/TT-BTP until the appointment or reappointment decision is made.
3. Heads of units under the Ministry of Justice, Heads of local civil enforcement agencies, and Directors of the Civil Enforcement Bureau under the Ministry of National Defense shall be responsible for implementing this Circular within their respective duties and authorities./.
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: