Directive No. 266-TTg of the Government Prime Minister on the implementation of the handover of civil enforcement work from courts to government agencies and strengthening of enforcement work in the last six months of 1993. This directive aims to address the laxity in enforcement work and protect the rights of organizations and citizens.
要点
- The Minister of Justice and the Minister of National Defense decide to establish local civil enforcement agencies and within the military to receive enforcement work from the courts.
- Provincial People's Committees and municipal people's committees under the central government direct the handover of civil enforcement work in their respective localities.
- The Ministry of Finance coordinates with other agencies to develop plans and resolve funding for building offices and equipping means for civil enforcement agencies.
- In the last six months of 1993, focus on directing and mobilizing forces to carry out a final round of enforcement of outstanding judgments and timely enforcement of new judgments.
- Provincial People's Committees must recognize their responsibility for enforcement work in their locality and coordinate with mass organizations to effectively perform enforcement tasks.
🌐 本文件的社会影响
- Positive impact: Reduce the rate of outstanding judgments, protect the rights of organizations and citizens.
- Negative impact: Increased costs for enforcement agencies due to the need to arrange offices, equipment, and operational funds.
❓ 常见问题
When will the handover of enforcement work from courts to government agencies be completed?
The handover must be completed by the end of June 1993.
Which agencies are responsible for the handover of civil enforcement work?
The Minister of Justice and the Minister of National Defense decide to establish local civil enforcement agencies and within the military to receive enforcement work from the courts.
What responsibilities do provincial People's Committees have in the handover of enforcement work?
Provincial People's Committees must appoint a Deputy Chairman as head of the handover steering committee, immediately establish civil enforcement agencies at the local level, and arrange offices and operational funds.
What are the objectives of strengthening enforcement work in the last six months of 1993?
The objective is to carry out a final round of enforcement of outstanding judgments and timely enforcement of new judgments.
What should mass media agencies do to strengthen enforcement work?
Central and local mass media agencies need to organize extensive propaganda, creating a shift in awareness regarding compliance with the law.
全文
DIRECTIVE
OF THE PRIME MINISTER
On the implementation of the transfer and strengthening of civil enforcement work
For a long time, enforcement work has been lax, many civil judgments and decisions of courts that have become legally binding have not been respected or strictly enforced, adversely affecting social order and safety; legitimate rights and interests of organizations and citizens continue to be violated, laws and national discipline are disregarded, causing public reaction and dissatisfaction among the people.
At the first session of the Ninth National Assembly on October 6, 1992, a resolution was adopted to transfer civil enforcement work from the People's Courts at all levels to government agencies in June 1993.
To implement the National Assembly's resolution and strengthen civil enforcement work pursuant to Article 136 of the Constitution of the Socialist Republic of Vietnam in 1992, the Prime Minister issues this Directive:
1. Regarding the implementation of the transfer of civil enforcement work.
a) The Minister of Justice and the Minister of Defense shall immediately establish local enforcement agencies and enforcement agencies within the military for these agencies to take over the transfer of civil enforcement work.
b) The Minister of Justice shall be responsible for coordinating with relevant state agencies to draft and promulish specific guidance documents on the transfer of civil enforcement work, while also being responsible for directing the transfer nationwide. The Minister of Defense shall be responsible for guiding the transfer of civil enforcement work within the military.
c) Provincial People's Committees, municipal People's Committees under the central government, district, county, town, and city People's Committees under provinces shall direct the transfer of civil enforcement work in their respective areas, appointing a Deputy Chairman as the head of the steering committee for the transfer of civil enforcement work, immediately establishing local enforcement agencies, arranging offices, providing means of operation, and funding.
d) The Government Organizational and Cadre Affairs Board shall coordinate with the Ministry of Justice to prepare and submit to the Government for decision on the total staffing and salaries of civil enforcement agency cadres nationwide, no later than June 15, 1993; complete the establishment of civil enforcement agencies in localities by the end of June 1993.
đ) The Ministry of Finance shall cooperate with the State Planning Commission and the Ministry of Justice to develop plans and measures to gradually address funding for the construction of office premises, equipment, and operational costs for civil enforcement agencies; guide civil enforcement agencies to make full use of existing conditions and means to operate.
e) The Ministry of Finance and the State Bank shall instruct the State Treasury system and branches of the State Bank to create favorable conditions for civil enforcement agencies to promptly accept the transfer of assets related to enforcement.
The Minister of Justice shall be responsible for summarizing and evaluating the transfer of civil enforcement work nationwide to report to the Prime Minister no later than August 31, 1993.
2. Regarding the strengthening of civil enforcement work in the last six months of 1993.
a) It is necessary to concentrate leadership, mobilize necessary forces and means to carry out a nationwide campaign of civil enforcement to fully enforce outstanding civil judgments and decisions from before, or those that have been delayed or prolonged, promptly enforce new civil judgments and decisions, striving to significantly reduce the backlog of cases.
b) In the third quarter of 1993, localities must complete the review and classification of all outstanding civil judgments and decisions that can be enforced, cannot be enforced due to lack of conditions, or cannot be enforced due to objective circumstances. For judgments and decisions that cannot be enforced due to lack of conditions or cannot be enforced, consideration should be given to suspending, temporarily halting, stopping, or returning requests for enforcement according to the Civil Enforcement Ordinance. Cases where parties have the conditions to enforce but deliberately evade, delay, or resist enforcement should be selected as typical cases for strict enforcement measures to be applied.
The Minister of Justice shall be responsible for guiding and directing the above work of localities, while selecting some localities as pilot projects to draw lessons for the implementation of the second phase of the nationwide enforcement campaign in the fourth quarter of 1993 to clearly improve civil enforcement work. The Minister of Defense shall be responsible for directing, guiding, and organizing the implementation of enforcement of decisions regarding property in criminal judgments of Military Courts.
At all levels, People's Committees must recognize their responsibility to the Government regarding enforcement work in their locality. Chairmen of People's Committees at all levels shall not delegate enforcement responsibilities solely to judicial agencies but must mobilize the forces of the administrative apparatus, coordinate with the Front and mass organizations in the locality to effectively carry out enforcement work.
Information agencies at the central and local levels need to widely organize publicity to create significant changes in legal compliance awareness, respect, and strict enforcement of court judgments and decisions, contributing to protecting the interests of the State, the legitimate rights and interests of economic and social organizations, and citizens.
By the end of the third quarter of 1993, the Ministry of Justice must conduct a mid-term review, and by the end of the fourth quarter of 1993, it must conduct a final assessment and report to the Prime Minister on the results of implementing this Directive.
Trước cuối quý III năm 1993, Bộ Tư pháp phải sơ kết bước một và trước cuối quý IV năm 1993 phải tổng kết và báo cáo Thủ tướng Chính phủ kết quả thực hiện Chỉ thị này.
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