Directive No. 19/CT-BNV on court security work

JOINT CIRCULAR OF THE MINISTRY OF JUSTICE, THE MINISTRY OF INTERIOR, AND THE SUPREME PROSECUTOR’S OFFICE

Regarding guidance on the protection and enforcement of civil judgments

The Civil Enforcement Law dated April 21, 1993, the People's Police Force Law dated January 28, 1989, Decree No. 30/CP dated June 2, 1993 of the Government on the organization, tasks, and powers of agencies managing civil enforcement work, civil enforcement agencies, and enforcement officers, and Directive No. 266/TTg dated June 2, 1993 of the Prime Minister on the implementation of the handover and strengthening of civil enforcement work have stipulated issues related to civil enforcement and enforcement measures as well as the maintenance of order during the enforcement of civil judgments.

To ensure the proper and consistent implementation of legal provisions regarding the maintenance of order during enforcement, to enhance the effectiveness of civil enforcement work in the new situation, after reaching consensus with the Supreme People's Court, the Ministry of Justice, the Ministry of Interior, and the Supreme Prosecutor’s Office, the following specific points are hereby guided:

1. Enforcement offices must identify which enforcement cases require police protection and notify the public security agency at the same level in writing.

In the notification, it is necessary to clearly state:

Time and location of the enforcement;

Enforcement measures;

Object of enforcement;

Possible negative scenarios that may occur;

Requirements for protective forces and other forces participating in maintaining order during enforcement.

The notification must also be sent to the People's Procuracy at the same level to perform supervisory functions and to the People's Committee of the commune, ward, town where the enforcement will take place so that the committee can assign personnel to participate and assist when necessary.

Notifications about enforcement must be sent to the above agencies at least three days before the date of civil enforcement. If the enforcement officer deems it necessary to seize assets immediately, there is no need to report three days in advance.

The recipient of the notification has the responsibility to keep confidential information about the enforcement organization.

For complex enforcement cases that may have a negative impact on local political stability and social order, enforcement offices must report to judicial leadership to proactively coordinate with public security agencies and the People's Procuracy at the same level to convene meetings and unify plans for maintaining order and safety during enforcement, while reporting to the Chairman of the People's Committee at the same level for direct guidance and coordination with other forces to participate (for example: military control forces, self-defense militia...).

3. Upon receiving notifications about enforcement, public security agencies must proactively prepare protection plans, allocate sufficient personnel and necessary equipment to fulfill their duties.

Police officers assigned to maintain order during enforcement must be present from the start until the end of the enforcement process to perform the task of maintaining order and ensuring safety throughout the enforcement process, independently or upon request of the enforcement officer, apply necessary measures to promptly prevent individuals who disrupt order, obstruct, or resist enforcement officials, and those who verbally or physically assault the enforcement officials and participants in the enforcement process; when discovering a crime in progress, police officers must immediately apprehend the perpetrator, record a report, and transfer them to the competent investigative authority according to Article 64 of the Criminal Procedure Code.

Within the scope of their functions and responsibilities, police officers must fully comply with all lawful requests of the enforcement officer and bear full responsibility for maintaining order and safety during the civil enforcement process.

Enforcement agencies have the responsibility to create favorable conditions for police officers to carry out their protective duties during enforcement.

4. When performing the duty of maintaining order during civil enforcement, police officers have the right to issue warnings or fines against individuals disrupting order or insulting those conducting or enforcing judgments according to Decree No. 141/HĐBT dated April 25, 1991 of the Council of Ministers on administrative penalties in the field of public order and social security. Specifically:

A police officer can impose a fine up to 20,000 dong;

The head of a police station, team leader, or deputy team leader of the protection police can impose a fine up to 50,000 dong;

The head or deputy head of the provincial-level protection police, the head or deputy head of the district or city police can impose a fine up to 200,000 dong.

In cases where the amount of the fine exceeds the authority of the police officer performing the duty, the enforcement officer must record the violation and refer it to the competent authority for punishment according to the law. The fine amount can reach up to 500,000 dong.

5. The People's Procuracy supervises compliance with the law during the enforcement process, supervises the activities of enforcement officers, police officers protecting enforcement, parties involved, relevant agencies, organizations, and individuals according to Articles 19, 20, and 21 of the Organization Law of the People's Procuracy.

6. Regularly every month or quarter, judicial agencies coordinate with public security agencies and the People's Procuracy at the same level to convene meetings to draw lessons from the protection of enforcement of civil judgments; each agency needs to regularly guide and supervise subordinate agencies in implementing the protection of enforcement cases, while reporting the situation and difficulties in coordination for protection of enforcement to the immediate superior agency and the Chairman of the People's Committee at the same level for instructions.

The Ministry of Justice coordinates with the Ministry of Interior to guide, instruct, and inspect the implementation of coordinated enforcement of civil judgments in localities, making timely adjustments to ensure that enforcement is carried out safely, orderly, and effectively.

The Ministry of Justice shall coordinate with the Ministry of Interior to direct, guide, and inspect the implementation of civil enforcement actions at the local level, promptly rectifying any issues to ensure that enforcement actions are carried out safely, orderly, and effectively.

The Ministry of Public Security directs public security agencies at all levels to arrange forces to ensure the continuous implementation of the requirements of the enforcement agency regarding the protection and enforcement of civil judgments.

7. Judicial organs, Public Security, and People's Procuracy at the local level shall organize the study, grasp, and implement this Circular, while reporting to the Chairman of the People's Committee at the same level and informing the People's Committees of communes, wards, and towns for coordination in implementation.

This Circular replaces Joint Circular No. 07-89/TTLN dated December 10, 1989, issued by the Supreme People's Court and the Ministry of Public Security guiding the protection and enforcement of civil judgments.