Directive No. 20/2001/CT-TTg on Strengthening and Enhancing the Effectiveness of Civil Enforcement Work

DIRECTIVE

On Strengthening and Enhancing the Effectiveness of Civil Enforcement Work

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Ensuring the effectiveness of civil judgments and decisions of the Court is an important task that must be strictly implemented in the activities of all levels of government, directly related to protecting the interests of the state, the legitimate rights and interests of citizens, economic organizations, social organizations, contributing to maintaining public order and social safety.

Article 136 of the 1992 Constitution stipulates: "Civil judgments and decisions of the People's Courts that have taken legal effect must be respected by state agencies, economic organizations, social organizations, military units, and every citizen; those persons and units concerned must strictly enforce them."

Currently, although the system of civil enforcement agencies has been established nationwide, civil enforcement work has been deployed and operated with initial effectiveness, significantly reducing the number of pending cases, but generally, civil enforcement work still does not meet the required level, there are many pressing issues that have not met the demands and tasks set forth. In some localities, the enforcement staff is still insufficient, and their capabilities do not meet the requirements. The management, guidance, and direction of the Ministry of Justice on civil enforcement work are still limited on certain aspects and not timely enough. In many places, local authorities have not fully recognized the role and significance of civil enforcement work. Many state agencies and individuals do not comply with judgments, do not voluntarily enforce them, and even improperly interfere with the enforcement process, failing to recognize their responsibility in enforcing the law, and not strictly adhering to the provisions of the Constitution and legal documents on civil enforcement. Additionally, the coordination among various levels, sectors, and mass organizations in civil enforcement work is not tight enough; the strength of the entire system of state agencies, the active participation of political-social mass organizations, and the people has not been mobilized to establish order and discipline in law enforcement, including civil enforcement. The number of pending judgments and decisions that have not yet been enforced still accounts for a significant proportion. Negative phenomena, lack of responsibility, and lack of dedication among some enforcement officers and staff members still exist, causing much dissatisfaction, and numerous complaints and petitions remain unresolved in a timely and strict manner. To rectify and further strengthen and enhance the effectiveness of civil enforcement work,

1. The Ministry of Justice shall promptly take measures to consolidate and improve the organizational system of civil enforcement agencies, ensure full staffing, enhance the quality of the enforcement officer and civil enforcement staff; strengthen guidance, inspection, handling of violations, and timely guidance on difficulties in civil enforcement work; develop a proposal to delegate more authority to localities in implementing civil enforcement work. The Ministry of Justice shall guide provincial People's Committees to take measures to direct local enforcement agencies to create fundamental changes in civil enforcement work; direct enforcement agencies to implement democratic regulations with the people in resolving enforcement matters, enhance a sense of responsibility, ethics, impartiality, firmness, and promptly handle negative phenomena, causing inconvenience, harassment to the people; do well in motivating and persuading parties to voluntarily enforce. Forced enforcement should only be organized when necessary and must ensure safety and compliance with the law. The Ministry of National Defense shall cooperate with the Ministry of Justice to study and perfect the mechanism for enforcement within the Military. The Ministry of Justice shall lead and coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and other relevant state agencies to organize regular meetings to promptly draw lessons, discuss measures to address shortcomings, and unify the direction of implementation of enforcement work. Each year, a joint inspection plan for enforcement work nationwide shall be developed.

2. The Chairpersons of People's Committees at all levels shall be directly responsible for organizing and directing civil enforcement work in their localities; leverage the role of judicial agencies, mobilize the forces of relevant agencies within the administrative apparatus, coordinate with mass organizations at the local level under the leadership of the Party Committee. To further enhance the effectiveness of civil enforcement work, the Chairpersons of Provincial People's Committees and Municipal People's Committees directly under the Central Government shall establish Provincial and District Enforcement Directive Boards, headed by the Chairperson or Vice-Chairperson of the respective People's Committee to direct civil enforcement work in their localities. The Minister of Justice shall guide the Regulations on the organization and operation of the Enforcement Directive Board. To ensure that enforcement is swift and reduces cumbersome procedures that cause delays, it is necessary to gradually entrust village, town, and ward People's Committees with directly urging enforcement for cases valued at no more than VND 500,000, under the guidance of enforcement agencies.

All agencies, organizations, including state agencies, must voluntarily enforce judgments; if they do not voluntarily enforce, the enforcement agency shall apply enforcement measures according to the law. Agencies, organizations, and individuals who deliberately delay or obstruct enforcement activities shall be dealt with strictly according to the law. For individuals who obstruct or oppose enforcement and have sufficient evidence to constitute a crime, criminal responsibility shall be firmly pursued, and mobile trials shall be organized for typical cases to widely publicize and serve as examples for others. Complaints and reports about enforcement must be promptly and thoroughly resolved by relevant agencies at the place of occurrence, limiting the situation where complaints and reports bypass levels and cause inconvenience to the people.

4. The Government's Popularization of Law Work Coordination Council, the Ministry of Culture and Information shall direct mass media outlets to continue disseminating and popularizing civil enforcement law, contributing to enhancing officials' and citizens' awareness of law compliance in strictly enforcing court judgments and decisions that have become legally effective.

5. The Ministry of Justice, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Planning and Investment shall cooperate with the Supreme People's Procuracy to complete the Project on Unified Management of Common Tangible Assets for Use in Investigation, Prosecution, Trial, Enforcement, and other related activities by the end of 2001, and promptly organize its implementation in 2002.

6. The Ministry of Justice shall take the lead and coordinate with the Ministry of Public Security to instruct judicial and public security agencies at all levels to strengthen protective measures to ensure successful compulsory enforcement of judgments. The Ministries of Public Security, Justice, and National Defense shall urgently develop the Judicial Police Project in accordance with the spirit of Central Resolutions, and report to the Government for consideration and decision.

7. The Ministry of Justice and the Ministry of National Defense shall cooperate with the Ministry of Planning and Investment and the Ministry of Finance to balance and supplement funds to ensure means, material conditions, and working conditions for enforcement agencies, and plan funding from now until 2005 to complete the construction of workspaces for enforcement agencies.

8. The Ministry of Finance shall take the lead and coordinate with the Ministry of Justice to study financial management mechanisms for organizational costs of compulsory enforcement of judgments as prescribed by law, and provide guidance on retaining a portion of the funds collected by commune, ward, and town People's Committees for the national budget to support enforcement work at the grassroots level.

9. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees within their respective authorities and responsibilities shall develop specific plans and urgently implement this Directive. The Ministry of Justice shall be responsible for monitoring, urging, inspecting the implementation of this Directive, and reporting periodically every six months.

The Ministry of Justice shall be responsible for monitoring, urging, inspecting the implementation of this Directive, and reporting periodically every six months to the Prime Minister.