Circular No. 22/2011/TT-BTP guiding the implementation of certain procedures in administrative management of civil enforcement

CIRCULAR

||| Guidelines for implementing certain procedures in administrative management of civil enforcement

||| Administrative management of civil enforcement procedures

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||| Pursuant to the Criminal Procedure Code No. 19/2003/QH11 dated November 26, 2003;

||| Pursuant to the Civil Enforcement Law No. 26/2008/QH12 dated November 14, 2008;

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

||| Pursuant to Decree No. 58/2009/NĐ-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law on civil enforcement procedures;

||| The Ministry of Justice issues guidelines for implementing certain procedures in administrative management of civil enforcement as follows:

PART I

ESTABLISHMENT, USE, PRESERVATION, AND STORAGE OF RECORDS AND FILES FOR ENFORCEMENT

||| Article 1. Establishment, use, and preservation of civil enforcement registers

||| Clause 1. Civil enforcement agencies must establish all 18 types of civil enforcement registers according to the unified model prescribed in this Circular, including: Appendix I |||

Model 01: Register of court judgments, decisions; arbitral awards; or decisions of competition dispute resolution boards (collectively referred to as the Judgment Receipt Register); |||

Model 02: Register of applications for civil enforcement;

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Model 03: Register of civil enforcement cases (initiated proactively or upon application);

Model 05: Book for receiving complaints and appeals regarding enforcement;

Model 06: Incoming correspondence book;

Model 07: Outgoing correspondence book;

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Model 08: Register of orders to recover, amend, supplement, or revoke civil enforcement decisions;

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Model 09: Register of orders to entrust civil enforcement;

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Model 10: Register of received entrusted civil enforcement;

Model 14: Book for issuing decisions to enforce compulsory execution;

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Model 11: Register of orders to suspend, temporarily halt, or continue civil enforcement;

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Model 12: Register of exemption or reduction of civil enforcement;

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Model 13: Register of orders to terminate civil enforcement or return applications for civil enforcement;

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Model 15: Register of file management for archiving;

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Model 16: Register of orders to collect civil enforcement fees;

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Model 17: Register of tracking transfer of civil enforcement decisions to detention centers; Provincial People's Committees set specific prices||| Model 18: Register of administrative enforcement tracking and management. ||| In addition, civil enforcement agencies may establish other types of registers as necessary to meet requirements for monitoring and managing enforcement activities.

Article 2. Establishment and preservation of enforcement case files

1. Establishment of enforcement case files

a) The enforcement decision serves as the basis for the Enforcement Officer to establish the enforcement case file. Within no more than two working days from the date of assignment, the Enforcement Officer must establish the enforcement case file.

The enforcement case file must reflect the entire process of organizing the enforcement of the judgment by the Enforcement Officer. The Enforcement Officer must record all tasks and retain all documents that have been and are being implemented in the enforcement case file, including: judgments, decisions; handover records, handling of evidence, seized assets, temporarily detained assets; verification records, enforcement resolution records (with signatures of all parties on all pages of the records); notification letters; summonses; invitations; requests, complaints regarding enforcement; receipts, payment vouchers, disbursement vouchers; documents related to the disposal of assets for enforcement; official communications, papers of enforcement agencies, organizations, and individuals related to enforcement, such as: requests for guidance and instructions on enforcement procedures; communications with relevant individuals, agencies, and organizations during the enforcement process; requests for transfer of funds or remaining items not yet transferred to the enforcement agency, and other related documents and materials.

b) The enforcement case file must have a cover printed according to the uniform model prescribed at Seal Registration Certificate this Circular.

Enforcement officers are responsible for recording all details of the pre-printed sections on the cover of the enforcement case file.

In cases where the cover of the file is old, torn, or faded, it shall be replaced with a new cover. The new cover must include all columns and contents of the old cover.

Documents within the enforcement case file must be carefully arranged, numbered, and listed in full in the index printed on the cover of the enforcement case file.

The Enforcement Officer must list and arrange documents in order starting from folio numberNo. 01 up to the last folio.

The enforcement agency shall implement the stamping of folio numbers according to the uniform model prescribed at Appendix III this Circular. The management and use of folio stamps shall be carried out in accordance with the provisions of the law on the management and use of stamps.

2. Order of numbering folios and arranging documents in the enforcement case file

a) Folios are numbered sequentially based on the method of progressive numbering and the order of each document within the file. Folios are numbered only once. The folio number is placed in the upper right corner of the front side of each document and must be immediately affixed after the document becomes part of the enforcement case file. Each document receives one number folio number (except for judgments and decisions which only receive one folio number; if there are multiple judgments and decisions, each receives one number folio number). The folio number is immediately affixed after receiving the document in chronological order. If multiple documents related to the case are received at the same time, they are numbered in the order of their dates.

b) Documents in the file are arranged in the following order:

For proactive enforcement cases: the first document is the enforcement decision; the second document is the judgment or decision issued by the enforcement agency for enforcement. For enforcement cases based on request: the first document is the enforcement decision; the second document is the request for enforcement; the third document is the judgment or decision issued by the enforcement agency for enforcement.

Subsequent documents (if any) are arranged in the order in which the enforcement agency receives them.

The arrangement of documents must be reflected on page 03 of the cover of the enforcement case file (Document List), starting from folio number 01 and continuing with subsequent folios.

Example:

Article 3. Archiving of enforcement case files

1. Before archiving the file, the enforcement agency must complete the inspection and arrangement, of all procedures to ensure the completeness and integrity of the file.

2. After completing the enforcement, the Enforcement Officer assigned to organize the enforcement case must recheck all documents in the file; prepare a comprehensive statistical table of all documents and folio numbers in the file; sign and clearly write their name on the statistical table and transfer it to the Review Officer for verification and signature confirmation in the lower right corner of the statistical table for approval by the Head of the enforcement agency to archive.

The Head of the enforcement agency writes in the lower right corner of page 01 of the cover: for archiving from the date, month, year; signs and stamps. Thereafter, the file is transferred to the archivist. The transfer of the file to the archivist must be recorded in a protocol and clearly state the number of files archived, accompanied by a list of transferred files.

3. The archiving, preservation, and use of files already archived, and the retention period shall be carried out in accordance with the provisions of the law on archiving.

The archivist of enforcement case files must enter the Register of Files for Archiving, fill in all columns and items of the register; arrange files in the archive storage room in a scientific order to facilitate inspection and preservation. In cases where files need to be withdrawn from the archive storage room for inspection, complaint resolution, scientific research, and other requirements, the consent of the Head of the enforcement agency is required.

4. Annually, the enforcement agency must conduct a review and classification of registers and enforcement case files in accordance with the provisions of the law.

Chapter II

HANDOVER, STORAGE, AND DISPOSITION OF EVIDENCE ITEMS, SEIZED AND TEMPORARILY HELD ASSETS

Article 4. Handover of Evidence and Assets

1. The enforcement agency shall be responsible for receiving and storing evidence and assets transferred from the police agency or military investigation agency from the time the Prosecutor's Office issues a decision to transfer evidence from the police agency's warehouse or the military investigation agency's warehouse to the enforcement agency's evidence warehouse.

2. The procedures for handing over and receiving evidence and assets shall be carried out in accordance with Articles 122 and 123 of the Civil Enforcement Law. The handover record must be made in four copies; each party retains one copy, the receiving party's accountant retains one copy, and one copy is kept in the enforcement case file. In cases where there is no enforcement case file, one copy is temporarily stored at the enforcement accountant.party received each party retains one copy,

Article 5. Preservation of evidence items and assets

1. Evidence items and temporarily seized assets must be strictly preserved; there must be clear and complete records.

Evidence and assets stored in the warehouse must be neatly arranged in a scientific manner, with labels (warehouse cards) clearly indicating the owner of the asset, the name of the case attached to each type of asset to prevent confusion, loss, damage, depreciation, or loss of value for use or evidentiary purposes, or causing environmental pollution, harm to state assets, organizations, individuals, and human life and health. equipment The name of the asset owner, the case name, shall be attached to each type of asset to avoid confusion, loss, damage, depreciation or loss of utility value, evidentiary value, or environmental pollution, harm to state assets, organizations, individuals, and human life and health.

Evidence items transferred by the investigating agency but the case has not yet been concluded shall be arranged and preserved separately, not mixed with evidence items and assets of cases that have enforcement decisions.

Evidence transferred by the investigative agency but the case has not yet been concluded must be separately arranged and stored, not mixed with the evidence and assets of cases that have enforcement decisions. The warehouse manager may only enter or exit evidence and assets upon orders from the head of the enforcement agency or persons authorized by the head of the enforcement agency. REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS The entry and exit orders must follow the unified model specified in this Circular. When entering or exiting the warehouse, the warehouse manager is responsible for checking the entry and exit orders and necessary documents of the person delivering or receiving evidence and assets. Each entry or exit of evidence and assets must be recorded on an entry and exit form. The entry and exit form must clearly indicate the number, hour, date, month, and year of entry and exit; the name and position of the person issuing the entry and exit order; the reason for entry and exit; quantity, type, and condition of each type of evidence and asset; and must include the full names and signatures of the delivering party, receiving party, head of the enforcement agency or persons authorized by the head of the enforcement agency, accountant, and enforcement warehouse manager. full name, signature of the transferring party, receiving party, head of the enforcement agency or person authorized by the head of the enforcement agency, accountant, and custodian of the enforcement agency.

3. In cases where evidence items need to be extracted for litigation activities, the requesting agency must send a written request to the enforcement agency. Based on the request of the extracting agency, the head of the enforcement agency decides to issue the evidence items from storage for transfer to the requesting agency. The extracting agency must come to collect the evidence items at the enforcement agency's warehouse and bear responsibility for transporting and preserving them during their use. The handover of evidence items after extraction for litigation activities shall be carried out in accordance with the provisions of Article 4 of this Circular.

If the amount of evidence and assets is too large to be stored at the enforcement agency, depending on specific circumstances, the head of the enforcement agency may continue to sign or sign new contracts with agencies or units capable of storage (for example, if seized or temporarily detained assets such as cars, ships... were previously stored under a contract with an organization or individual by the investigative agency, the enforcement agency may continue to sign contracts with these agencies or organizations or sign a contract to rent from other agencies or organizations).

Annually, every quarter, and every six months, the enforcement agency must conduct inventory checks of the warehouse storing evidence and assets. The inventory check must be recorded in a detailed report indicating the time, date, and year of the inventory; the name, quantity, and condition of each type of evidence and asset, with signatures of the accountant, warehouse manager, and head of the enforcement agency.

Persons entrusted with the responsibility of storing evidence and assets or other organizations and individuals who discover the loss, damage, or change in the sealed condition of evidence and assets must promptly report to the head of the enforcement agency to take appropriate measures in accordance with the law.

Article 6. Handling of Evidence Items and Temporarily Held Assets

1. The handling of evidence items and temporarily held assets that have been declared for confiscation and incorporation into the state treasury shall be carried out in accordance with the provisions of Article 124 of the Civil Enforcement Law. 2008; Article 18 of Decree No. 58/2009/NĐ-CP dated July 13, 2009 of the Government detailing and guiding the implementation of certain articles of the Civil Enforcement Law regarding civil enforcement procedures; Circular No. 166/2009/TT-BTC dated August 18, 2009 of the Ministry of Finance on guiding the handling of certain types of confiscated assets incorporated into the state treasury and assets established as state property. The record of transfer and receipt of evidence items and temporarily held assets must be made in four copies; each party receiving and transferring retains one copy, one copy is handed over to the accountant for safekeeping, and one copy is kept in the enforcement case file.

The record of handover of evidence items and temporarily seized assets must be made in four copies; the transferring party, the receiving party each retains one copy, one copy given to the accountant for safekeeping, and one copy kept in the enforcement file.

2. For evidence items and assets subject to destruction according to court judgments or decisions; assets that cannot be sold or are damaged and no longer usable as stipulated in Clause 3 of Article 126 of the Civil Enforcement Law; assets of the person subject to enforcement in cases of compulsory return, delivery, or transfer of land use rights but are damaged and no longer usable and not accepted by the parties or whose addresses cannot be determined, the head of the enforcement agency shall issue a decision to establish a Committee for the Destruction of Evidence Items and Assets in accordance with Article 125 of the Civil Enforcement Law and Article 19 of Decree No. 58/2009/NĐ-CP dated July 13, 2009. When destroying evidence items and assets, a record must be made clearly stating the condition of the destroyed evidence items and assets, signed by members of the Committee for Destruction; the record must be sent to the Prosecution Office, the financial authority at the same level, and kept in the enforcement case file. full name, signatures of the members of the destruction committee; the record must be sent to the Prosecutor's Office, the financial agency at the same level, and kept in the enforcement file.

3. In relation to documents related to the assets and personal status of the parties returned to the parties by the judgment or decision, if the parties do not come to collect them within one year from the date of notification, the Enforcement Officer shall proceed to transfer these documents to the issuing authority in accordance with Clause 3 of Article 126 of the Civil Enforcement Law. If the issuing authority is located abroad, judicial assistance shall be implemented. The request for judicial assistance and accompanying documents shall be translated into the language specified in Article 5 of the Mutual Legal Assistance Law and submitted to the Department of International Law - Ministry of Justice for entrusting the competent authority.

4. In cases where the decision for on court fees, fines, confiscation of evidence items and temporarily seized assets has been enforced but later found to be erroneous and a decision to revoke the decision on court fees, fines, If the decision on court fees, fines, confiscation of evidence items, and temporarily held assets has been enforced but later found to be erroneous and a decision to revoke the decision on court fees, fines, confiscation has been issued, the enforcement agency must cooperate with the financial authority at the same level or the provincial financial authority where the military region's enforcement agency is based to process the refund of the amount paid into the State Budget in accordance with Clause 4 of Article 124 of the Civil Enforcement Law. The refund file includes:, the assets already paid into the State Budget in accordance with Clause 4, Article 124 of the Civil Enforcement Law. The return file includes:

a) A letter requesting the refund of court fees, fines, evidence items, and assets;, b) Decisions on the confiscation of evidence items and assets and decisions exempting from payment of court fees, fines, evidence items, and assets related to the amount and assets being refunded (the decision exempting from payment must clearly state that it replaces the previous decision);

c) Receipts for payment into the State Budget in accordance with current regulations or relevant documents related to the transfer and receipt of confiscated assets (if the enforcement agency pays on behalf of the parties and the amount paid is part of the total amount paid by other parties, a list of the names of the parties must be attached to the receipt); on court fees, fines, d) Confirmation from the Treasury of the State Budget where the enforcement agency or the party paid the money into the State Budget (clearly stating: the total amount of court fees, fines, confiscation paid into the State Budget; the Treasury of the State Budget has allocated this amount to which budget level and the amount has been recorded under which Chapter, Category, Item, Sub-item, and Sub-sub-item of the current State Budget Classification). The confirmation is signed by the Director of the Treasury of the State Budget, with full name and seal affixed.

c) Payment receipt into the State Budget in accordance with current regulations or related documents regarding the handover of confiscated assets (in cases where the enforcement agency pays on behalf of the parties and the amount paid is part of the total amount paid by other parties, a list of the parties' names must be attached to the payment receipt);

d) Confirmation from the State Treasury where the enforcement agency or the party pays into the State Budget (indicating clearly: the total amount of court fees, fines, confiscated paid into the State Budget; the State Treasury has reallocated the funds to which budget level and the amount has been recorded under which Chapter, Category, Item, Sub-item, and Sub-sub-item of the current State Budget Classification). The confirmation is signed by the Director of the State Treasury, with full name and seal affixed.

Chapter III

ACTIVITIES OF COLLECTING AND DISBURSING FUNDS FOR ENFORCEMENT

Article 7. Use of Receipts and Collection of Execution Fees

The use and management of receipts for collecting execution fees shall be carried out in accordance with Circular No. 91/2010/TT-BTC dated June 17, 2010, issued by the Minister of Finance guiding the Accounting System for Execution Business, and Decision No. 2797/QD-TCTHA dated September 29, 2010, issued by the Director General of the Civil Enforcement Agency.

Article 8. Recording of Receipts:

1. The person recording the receipt must fully record the name, address of the payer (in cases where payment is made on behalf of another, the full name and address of the direct payer and the person on whose behalf the payment is made must be recorded); the content of the collection and the amount collected: the reason for payment, the amount down to the smallest unit, written in both figures and words; the name of the enforcement decision..

2. The payer must sign and clearly write their full name; if the party does not know how to write, they must make a thumbprint and clearly indicate which finger of which hand it is, without using other symbols; if the money is collected through bank transfer, the payer section must state: "collected through bank transfer".

The section for the person collecting the money is the signature of the person directly collecting the money; for amounts collected through bank transfers, the section for the person collecting the money is signed by the accounting officer.

3. For provisional collections that are now converted to formal collections, the content of the receipt shall be recorded as follows:

In the section for the name of the payer: record according to the name of the person who paid in the provisional receipt;

In the section for the content of the collection and the amount collected: the reason for payment, the amount down to the smallest unit, written in both figures and words; the name of the enforcement decision;

||| Section for the payer's signature: note "transferred from the provisional receipt to the official receipt";

The section for the collector's signature: is the signature of the enforcement accounting staff.

||| 4. For payments made through bank transfers, the receipt content shall be as follows:

||| Section for the payer's name: record according to the name of the person who has paid as stated in the bank's notification or State Treasury;

In the section for the content of the collection and the amount collected: the reason for payment, the amount down to the smallest unit, written in both figures and words; the name of the enforcement decision;

||| Section for the payer's signature: record: "paid through bank transfer";

In the section for the signature of the collector: this is the signature of the enforcement accounting officer.

All funds collected through bank transfers must be promptly and specifically recorded in the enforcement accounting ledger. Upon receiving notification from the State Treasury or the bank, if there is an enforcement decision, the accountant must inform the Enforcement Officer responsible for the case file to issue a Payment Receipt; in cases of provisional collection, notify the officer managing the Provisional Payment Receipt to issue a receipt clearly indicating the payee.

5. AGAINST For the payment receipt, the content shall be written as follows:

In the section for the name of the payer: record the name of the person directly paying into the fund (if the Enforcement Officer pays, then the payer's name is the Enforcement Officer’s name); the reason for payment; in the accompanying section, clearly state the number of the Payment Receipt.

6. The enforcement agency may only collect gold, silver, foreign currency in accordance with court judgments and decisions.

Article 9. Submission of Execution Fees

All funds collected during enforcement activities must be immediately deposited into the enforcement agency's fund; in cases where collection occurs away from the agency's headquarters, the funds must be immediately deposited into the agency's fund upon return to the headquarters.

Article 10. Disbursement of Execution Fees

Within ten days from the date of collection of execution fees, the enforcement agency must disburse to the parties entitled to enforcement in the order prescribed in Article 47 of the Civil Enforcement Law, collect execution fees as stipulated in Joint Circular No. 144/2010/TTLT-BTC-BTP dated September 22, 2010, issued by the Ministry of Finance and the Ministry of Justice, and take measures to handle outstanding amounts through the following methods:

1. For amounts reported but not claimed by the parties within thirty days from the date of notice, or when the address of the claimant cannot be determined, the enforcement agency shall proceed to deposit the amount into a savings account at a bank for one month until the claimant collects the money. The enforcement agency must maintain a record tracking the information about the savings account along with the name of the party entitled to enforcement, the judgment name, and the enforcement decision name. The interest earned on the savings deposit will be added to the initial deposit and paid to the claimant.

If the claimant does not collect the money within five years from the date of notice, the enforcement agency shall proceed to deposit the amount into the State Budget.

The enforcement agency shall open an account at a bank to deposit funds that do not meet the conditions for establishing a savings account.

2. For amounts collected but the enforcement is suspended or temporarily halted for reconsideration through the cassation or retrial process, the enforcement agency shall deposit the amount into a savings account at a bank for one month until the suspension period ends. The interest earned on the savings deposit will be added to the initial deposit and paid to the claimant.

3. For amounts refunded to the parties, after issuing the Enforcement Decision, within ten days, the Enforcement Officer must notify and disburse to the claimant.

For claimants located far from the enforcement agency's headquarters, if the claimant requests the transfer of funds via postal service or bank transfer (the request can be sent via postal service), the Enforcement Officer shall instruct the accountant to prepare a payment voucher and send the collected funds to the claimant via postal service or bank transfer. The cost of transferring funds via postal service or bank transfer shall be borne by the recipient and deducted from the amount they receive. The postal transfer form and the receipt confirmation (photocopy) shall be kept in the enforcement file together with the payment voucher and the original retained in the accounting department.

4. When enforcing at the premises, if the obligor and the entitled party are in the same location, the Enforcement Officer may immediately disburse the funds or assets collected to the entitled party, or when resolving the enforcement matter at the enforcement agency, the Enforcement Officer may facilitate an agreement between the obligor and the entitled party to settle the payment among themselves and temporarily collect or charge enforcement fees as stipulated in Article 60 of the Civil Enforcement Law, Article 33 of Decree No. 58/2009/NĐ-CP dated July 13, 2009, and Joint Circular No. 144/2010/TTLT-BTC-BTP dated September 22, 2010.

The disbursement of funds or assets must be recorded in a detailed report noting the time, place, names of the parties, reasons, details of the transaction, amounts, assets, signatures, and names of all parties involved, including the Enforcement Officer. The report must be given to the parties, filed in the enforcement file, and transferred to the accountant for record-keeping.

5. In the case where the person subject to enforcement is a business, state agency, social organization, or socio-economic organization, the payment shall be made through bank transfer, specifying the name, address, and account number of the agency or organization, requesting the State Treasury to deduct the amount from the temporary holding account of the enforcement agency and transfer it to the account of the receiving agency or organization according to the enforcement decision. If the enforcement agency collects funds that have not yet been deposited into the temporary holding account within the prescribed time limit and the party subject to enforcement sends a duly authorized representative to claim the funds, the enforcement agency may pay them directly in cash.

6. For all other cases, the Enforcement Officer shall notify the parties to come to the enforcement agency's office and require the accounting and cashier officers of the enforcement agency to process the payment procedures for them.

7. The notification of the enforcement agency for the parties to come to the enforcement agency's office to collect money must clearly state that when collecting money, the parties must bring their identity card (original) or other personal identification document confirmed by a competent state agency.

In the case of authorizing another person to collect on their behalf, the person collecting on their behalf must have a valid power of attorney accompanied by their identity card (original) or other personal identification document confirmed by a competent state agency. The enforcement file retains the original power of attorney, a photocopy of the identity card; accounting vouchers retain a photocopy of the power of attorney and identity card of the person receiving the money.

If the party provides a personal account and requests a transfer, the enforcement agency shall process the transfer procedures.

Article 11. Payment into the State Budget

1. Payment into the State Budget shall be carried out using separate vouchers corresponding to each specific transaction; if multiple transactions are combined, a detailed list must be prepared, specifying each item, and submitted according to each enforcement decision, with the receipt number, date, month, and year clearly stated. The detailed list is prepared by the Enforcement Officer and transferred to the accountant to process the payment into the State Budget.

If multiple amounts from different Enforcement Officers' submissions are combined for payment into the budget, the accountant must consolidate the lists for submission to the budget. After making the payment, the accountant makes a copy of the payment list and the payment receipt corresponding to each case in the list, and hands it over to the Enforcement Officer for file management and retention in each enforcement file.

2. The accounting department retains the original voucher, while the Enforcement Officer retains a copy.

3. For refundable refunds within the period, if the amount paid is sufficient for the refund, the last line of the payment list into the budget must clearly state the name of the refund decision and the amount refunded.

Chapter IV

INSPECTION REGIME FOR ENFORCEMENT ACTIVITIES

Article 12. Establishment of Inspection Plans

1. Annually, the Director of the Civil Enforcement General Department under the Ministry of Justice, the Director of the Civil Enforcement Department under the Ministry of National Defense, the Director of the Civil Enforcement Department of the province or centrally-administered city, the Head of the Civil Enforcement Office of the military region, military branch, and equivalent units, and the Director of the Civil Enforcement Sub-department of the district, county, town, and city under the province shall establish and decide on the inspection plan for their respective units. The inspection plan includes:

a) Inspection plan for subordinate levels;

b) Internal unit inspection plan;

c) Regular inspection plan;

d) Surprise inspection plan;

đ) Inter-agency inspection plan.

2. The inspection plan must be completed during the first quarter reporting period of the year and must be reported to the management agency of civil enforcement and the superior enforcement agency.

Article 13. Basis for building the Inspection Plan

The Inspection Plan is established based on the following grounds:

1. The annual work plan of the sector and the unit;

2. The organization plan for civil enforcement;

3. The performance indicators for civil enforcement tasks assigned annually to localities and units;

4. The results of the unit's work performance and the unit to be inspected in the reporting year and previous years;

5. The functions, duties, and authorities of the unit drafting the inspection plan;

6. Guidance from the competent authority (the civil enforcement management agency, the higher-level civil enforcement agency, etc.).

Article 14. Contents of the Inspection Plan

The Inspection Plan includes the following main contents:

1. Purpose and requirements of inspection;

2. Object and scope of inspection;

3. Content of inspection;

4. Composition of the inspection team;

5. Methods of inspection;

6. Implementing organization.

Article 15. Inspection Content

Based on the actual situation of the unit’s work and management requirements, the Director of the Civil Enforcement General Department under the Ministry of Justice, the Director of the Civil Enforcement Department under the Ministry of National Defense, the Director of the Civil Enforcement Department of the province, centrally-administered city, the Head of the Civil Enforcement Office of the Military Region, Military Branch, and equivalent units, the Director of the Civil Enforcement Sub-department of the district, county, town, and city under the province shall decide on the inspection content.

The inspection content must closely follow the implementation of the unit's tasks and local requirements and ensure feasibility and achieve the set objectives. During the inspection process, if the inspection team discovers issues that need further clarification, they must report and seek guidance from the person who signed the inspection decision and only proceed with the inspection after receiving their opinion.

Article 16. Principles of Inspection

1. The inspection must not affect the performance of the inspected unit's tasks;

2. The inspection must be transparent and democratic; evaluations and conclusions must be accurate and objective;

3. At the end of the inspection, there must be a conclusion on the inspected content.

Article 17. Inspection Method

1. The inspection is conducted directly through reviewing records, case files, and hearing reports and explanations from the inspected entity.

2. In cases where necessary, the inspection team may conduct further verification and investigation to clarify issues related to the inspection content.

Article 18. Inspection conclusions

1. The inspection conclusion must clearly state what has been achieved, what has not been achieved, reasons, limitations; recommendations for measures to address weaknesses; measures to handle groups and individuals with violations in civil enforcement work, which will be proposed to the competent authority.

2. The inspection conclusion only takes effect after the inspection team reports and the person who issued the inspection decision approves the inspection conclusion.

The formal inspection conclusion together with the approval decision must be sent to the inspected unit and relevant persons for implementation and reporting.

Chapter V

INFORMATION AND REPORTING SYSTEM ON ENFORCEMENT

Article 19. Principles of Information and Reporting on Enforcement

1. Enforcement agencies must strictly, fully, and timely implement reports on civil enforcement.

2. The content of the report on civil enforcement work must be comprehensive, truthful, accurate, objective, reflecting the actual implementation of the unit's tasks and meeting the reporting requirements of the competent authority.

Article 20. Types of Reports in Civil Enforcement

1. Regular reports as prescribed by law.

2. Reports according to the sector's and unit's work plans.

3. Ad hoc reports as required by higher-level civil enforcement agencies and civil enforcement management agencies; reports as required by the competent authority.

Article 21. Content, scope, time limit, and methods for implementing various types of reports

1. The content, scope, time limit, and method of reporting shall be carried out in accordance with the provisions of the law and the requirements of the competent authority.

2. Financial and accounting reports shall be conducted in accordance with the laws on finance and accounting; the accounting regulations for civil enforcement proceedings.

3. Statistical reports on enforcement shall be conducted in accordance with laws on statistics and civil enforcement statistics.

Responsibilities in the implementation of reports and the review of reports on enforcement activities

1. The head of the agency where the report is implemented shall be responsible for the completeness, accuracy, timeliness, and contents of the report.

2. To ensure the accuracy of information in the report, the agency receiving the report as prescribed by law, and the head of the agency that requested the report have the right to review the contents of the report on civil enforcement.

3. Compliance with the reporting and statistical system regarding enforcement work is a condition for annual competition and commendation for units.

Chapter VI

ORGANIZATION AND IMPLEMENTATION

Article 23. Effectiveness of Implementation

This Circular takes effect from January 20, 2012, and replaces Circular No. 06/2007/TT-BTP dated July 5, 2007, issued by the Ministry of Justice guiding the implementation of certain administrative procedures in civil enforcement activities.

Article 24. Implementation Organization

In the course of implementation, if there are any difficulties, the head of the civil enforcement agency shall promptly report to the Ministry of Justice and relevant agencies for resolution./.