Joint Circular No. 265/2013/TTLT-BQP-BCA on the coordination in civil enforcement proceedings within the Military

JOINT CIRCULAR

Regulations on cooperation in protecting and enforcing civil judgments by compulsory execution in the Military

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

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Minister of National Defense and the Minister of Public Security issue this Joint Circular to regulate the cooperation in protecting and enforcing civil judgments by compulsory execution in the Military,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the cooperation in protecting and enforcing civil judgments by compulsory execution in the Military (hereinafter referred to as cooperation in protecting compulsory execution) between agencies for enforcement under the General Staff, military regions, and the Navy Command (hereinafter referred to as enforcement agencies at the military region level), provincial public security agencies, centrally governed cities (hereinafter referred to as provincial public security agencies), district-level public security agencies, towns, and provincial-level cities (hereinafter referred to as district-level public security agencies) where compulsory execution is organized, and related agencies, organizations, and individuals when organizing compulsory execution of civil judgments involving mobilization of public security forces to participate in protection.

Article 2. Applicability

1. Enforcement agencies at the military region level.

2. Provincial public security agencies.

3. District-level public security agencies.

4. Agencies, organizations, and individuals related to the cooperation in protecting compulsory execution of civil judgments in the Military.

Article 3. Principles of Cooperation

1. Promptly, accurately, timely, effectively, and in compliance with legal regulations.

2. Properly perform the functions, tasks, and authorities of each agency as prescribed by law without affecting the specialized activities of each agency.

3. Ensure safety for the lives, health, dignity, reputation, property of the people, agencies, organizations, units, and participants in compulsory execution; ensure political stability, security, social order, and safety in the locality where compulsory execution is carried out.

Article 4. Costs for protecting compulsory execution

Costs for protecting compulsory execution of civil judgments in the Military shall be implemented in accordance with the provisions of the Civil Execution Law and guiding documents on costs for compulsory execution of civil judgments.

Chapter II

SPECIFIC PROVISIONS

Article 5. Cooperation in building compulsory execution plans

1. For cases requiring participation of public security forces in protection, at least 10 days before drafting the compulsory execution plan, the Enforcement Officer reports to the head of the enforcement agency at the military region level to exchange information and request in writing from the district-level public security agency where the compulsory execution will take place to cooperate in building the plan, preparing forces, means, weapons, support tools, and equipment for participating in protection. For large, difficult, and complex cases, request cooperation from the provincial public security agency for protection.

2. Contents of the exchange include:

a) Name and address of the person subject to compulsory execution;

b) Conditions and results of judgment enforcement of the person subject to compulsory execution;

c) Time and location of compulsory execution, methods of compulsory execution;

d) Composition of participants in compulsory execution;

đ) Security and order situation in the locality where compulsory execution takes place, attitude of the person subject to compulsory execution and their family;

e) Anticipated scenarios and solutions for handling these scenarios;

g) Specific requirements for cooperation, anticipated protection forces, means, support tools, and equipment needed for protection.

3. Within three working days from the date of receipt of the exchange information and request for cooperation in protection, the public security agency has the responsibility to respond to the content of the request for cooperation in protection with the enforcement agency at the military region level.

4. After reaching agreement with the public security agency, the Enforcement Officer completes the Compulsory Execution Plan (the content of the Plan is implemented according to Clause 2, Article 72 of the Civil Execution Law) and reports to the head of the enforcement agency at the military region level for approval. The Compulsory Execution Plan must be immediately sent to the public security agency and other relevant agencies, units, organizations, and individuals as stipulated in Clause 3, Article 72 of the Civil Execution Law.

5. Before approving the Compulsory Execution Plan, the head of the enforcement agency at the military region level reports to seek guidance from the head of the General Staff, Commander of the Military Region, and Commander of the Navy Command.

Article 6. Coordination in developing plans and schemes for compulsory enforcement protection

1. Within five working days from the date of receipt of the compulsory enforcement plan of the military region enforcement agency, the police agency shall be responsible for developing the protection plan and scheme for compulsory enforcement and reaching consensus with the military region enforcement agency.

2. The contents of the protection plan for compulsory enforcement include:

a) The objectives, requirements, and tasks of the compulsory enforcement protection work, and the safety assurance work for the compulsory enforcement process;

b) The situation related to the compulsory enforcement protection activities;

c) Specific tasks of the overall commander, the commander of each force; specific tasks of officers and soldiers participating in the compulsory enforcement protection;

d) Responsibilities of each unit in preparing forces, means, weapons, support tools, and other professional equipment;

đ) Reserve forces and means when unexpected situations arise for large-scale compulsory enforcement cases that may have complex developments;

3. The contents of the protection scheme for compulsory enforcement include:

a) An overview of the tasks and characteristics of the situation related to the compulsory enforcement protection work;

b) Anticipated scenarios that may occur, particularly noting opposition scenarios that could result in fire, explosion, damage to the lives, health, and property of citizens, organizations, enforcement participants, and protection officers, and the handling schemes for these scenarios (specifying the responsibilities of the commander and the responsibilities of officers and soldiers in each specific scenario);

c) Tasks of the commander, units executing the compulsory enforcement protection tasks;

d) Forces, means, weapons, support tools, and other equipment serving the compulsory enforcement protection; reserve forces and means;

đ) Cooperation agreements and communication protocols. The protection scheme for compulsory enforcement is documented in writing, accompanied by diagrams;

4. The protection plan and scheme for compulsory enforcement must be sent to the military region enforcement agency five working days before the compulsory enforcement is carried out.

Article 7. Coordination in implementing the compulsory enforcement plan, protection plan, and scheme

1. At least one working day before the compulsory enforcement, the military region enforcement agency must organize a meeting with the police agency, relevant agencies, organizations, and individuals to discuss measures for implementing the compulsory enforcement plan, protection plan, and scheme.

2. Agencies, organizations, and individuals invited to attend the meeting are responsible for sending appropriate staff members to participate. The military region enforcement agency is responsible for providing information on the content of the case requiring compulsory enforcement; possible scenarios, responsibilities of forces when participating in the compulsory enforcement organization and ensuring funding for the compulsory enforcement process. The compulsory enforcement protection force commander reports the protection plan and scheme and the handling scheme for unexpected situations.

Article 8. Coordination during the compulsory enforcement process

1. The compulsory enforcement protection force must be present from before the commencement of the compulsory enforcement until its completion; maintaining security, order, and safety throughout the compulsory enforcement process and being subject to the command of the police force commander participating in the compulsory enforcement protection.

2. Compulsory enforcement participants are responsible for fully participating in their respective roles throughout the compulsory enforcement process, performing their functions and duties correctly, and being subject to the command of the person in charge of conducting the compulsory enforcement.

Article 9. Coordination in handling situations arising during enforcement proceedings

1. During the enforcement process, the commander of the police force responsible for protecting the enforcement and other participating forces must promptly inform the person in charge and the coordinator of the enforcement about any arising situations that complicate security and public order, as well as other relevant situations related to the enforcement process, so that timely measures can be taken.

2. When the arising situation falls within the functional responsibilities of a particular agency or unit, that agency or unit shall handle it, with other agencies having the responsibility to coordinate. In cases where the arising situation involves multiple agencies or units, the agency or unit that first discovers the situation shall have the responsibility to handle it, then transfer it to the agency or unit with the authority to resolve it.

If the arising situation does not fall within the resolution authority of the participating enforcement forces and the enforcement protection forces, it must be reported to the competent authority for consideration and decision.

3. Where there are grounds to believe that the enforcement action may develop in a complex manner, adversely affecting politics, security, public order, and social safety, and the enforcement protection forces have not yet taken measures to address and resolve the situation, the commander of the enforcement protection forces shall report to the head of the police agency at the same level for guidance and report to the person in charge and the coordinator of the enforcement session for consideration.

Article 10. Coordination with the People's Committee of the commune where the enforcement takes place

The enforcement agency of the military region requests the People's Committee of the commune where the enforcement takes place to appoint representatives to participate in the enforcement, while directing the communal police force, the commune Military Command, and mobilizing local forces to participate in coordinating to protect the enforcement.

Chapter III

IMPLEMENTATION

Article 11. Effective Date

This Circular takes effect from February 20, 2014.

Article 12. Implementation Organization

1. The Enforcement Agency of the Ministry of National Defense, the Criminal Investigation General Bureau of the Ministry of Public Security shall serve as the focal point for assisting the Ministry of National Defense and the Ministry of Public Security in evaluating the implementation of coordination in protecting civil enforcement actions in the military; receiving information, promptly guiding, instructing, and supervising the implementation of this Joint Circular.

2. Every six months and annually, the enforcement agency of the military region has the responsibility to report to the Enforcement Agency of the Ministry of National Defense on the implementation of coordination in protecting civil enforcement actions in the military in the enforcement business report.

3. Every six months, the county-level public security agency has the responsibility to report to the provincial-level public security agency on the implementation of coordination in protecting civil enforcement actions in the military (if applicable), together with the report on coordination in protecting civil enforcement actions locally to compile and report to the Criminal Investigation General Bureau of the Ministry of Public Security according to regulations.

4. In the course of implementation, if any difficulties arise, the enforcement agencies of the military region shall report to the Ministry of National Defense (through the Enforcement Agency) and the public security agencies of units and localities shall report to the Ministry of Public Security (through the Criminal Investigation General Bureau) for timely guidance.