Decree No. 30-CP on the organization, tasks, and powers of agencies managing civil enforcement work, civil enforcement agencies, and enforcement officers.

DECREE

Decree No. 30-CP dated June 2, 1993 on the organization, tasks,

powersof agenciesmanaging civil enforcement work,

agencyfor civil enforcementand enforcement officers

___________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Enforcement of Civil Judgments Law dated April 21, 1993;

At the proposal of the Minister of Justice, the Minister of National Defense, the Minister, and the Head of the Organization-Cadre Department of the Government,

DECREE:

PART I

AGENCIES MANAGING CIVIL ENFORCEMENT WORK

Article 1. - The agencies managing civil enforcement work referred to in Clause 1, Article 17 of the Civil Enforcement Law include:

1. The Civil Enforcement Management Division under the Ministry of Justice;

2. The Civil Enforcement Management Office under the Ministry of National Defense;

3. Provincial Departments of Justice under centrally governed cities;

4. District Justice Offices under provinces, cities directly governed by provinces.

Article 2. - The Civil Enforcement Management Division under the Ministry of Justice has the following tasks and powers:

1. Assist the Minister of Justice in implementing state management over civil enforcement work and organizing civil enforcement nationwide in accordance with Article 10 of the Civil Enforcement Law:

a) Prepare draft documents on civil enforcement management, enforcement officer regulations, systems, and policies for enforcement officers and civil enforcement staff;

b) Propose the Minister to decide on the establishment and dissolution of civil enforcement agencies;

c) Direct and inspect civil enforcement management at local levels, summarize civil enforcement management work.

2. Manage civil enforcement business operations:

a) Guide and direct civil enforcement business operations;

b) Train enforcement officers and civil enforcement staff in their duties;

c) Inspect the activities of local civil enforcement agencies;

d) Resolve complaints and denunciations against unlawful acts of enforcement officers and heads of civil enforcement agencies, resolve complaints against decisions on civil enforcement made by heads of provincial civil enforcement offices according to Article 44 of the Civil Enforcement Law.

Article 3. - The Civil Enforcement Management Office under the Ministry of National Defense has the following tasks and powers:

1. Assist the Minister of National Defense in coordinating with the Minister of Justice to implement state management over the execution of property-related decisions in criminal judgments by military courts as stipulated in Article 11 of the Civil Enforcement Law:

a) Prepare draft documents on the management of the execution of property-related decisions in criminal judgments by military courts, systems, and policies for enforcement officers and civil enforcement staff in the military;

b) Propose the Minister of National Defense to establish and dissolve military regional civil enforcement offices and equivalent units;

c) Summarize civil enforcement management work in the military.

2. Coordinate with the Civil Enforcement Management Division under the Ministry of Justice to manage the business operations of civil enforcement of property-related decisions in criminal judgments by military courts:

a) Guide and direct civil enforcement business operations;

b) Train enforcement officers and civil enforcement staff in their duties;

c) Inspect the activities of military regional civil enforcement offices and equivalent units;

d) Resolve complaints and denunciations against unlawful acts of enforcement officers and heads of civil enforcement offices, resolve complaints against decisions on civil enforcement made by heads of military regional civil enforcement offices and equivalent units.

The organizational structure, staffing, budget, office space, and operational means of the Civil Enforcement Management Office under the Ministry of National Defense shall be decided by the Minister of National Defense after reaching consensus with the Minister of Justice.

Article 4. - Local judicial agencies assist the People's Committees at the same level and higher-level judicial agencies in managing state affairs regarding civil enforcement work locally in accordance with Clause 2, Article 10 of the Civil Enforcement Law and are responsible for reporting on civil enforcement management and organization to the People's Committee at the same level and higher-level judicial agencies.

Article 5. - The Department of Justice assists the People's Committee of the province, centrally governed city in directing the coordination among relevant agencies in civil enforcement work locally in accordance with Clause 1, Article 7 of the Civil Enforcement Law; assists the Ministry of Justice in organizing inspections and audits of civil enforcement work by civil enforcement teams under district justice offices; trains enforcement officers and civil enforcement staff in their duties.

Article 6. - The District Justice Office assists the People's Committee at the same level and the Department of Justice in directing the coordination among relevant agencies in civil enforcement work locally in accordance with Clause 1, Article 7 of the Civil Enforcement Law.

Chapter II

CIVIL ENFORCEMENT AGENCIES

Article 7. - The civil enforcement agencies referred to in Clause 2, Article 17 of the Civil Enforcement Law include:

1. Civil Enforcement Offices under provincial Departments of Justice, military regional civil enforcement offices and equivalent units;

2. Civil Enforcement Teams under district justice offices.

The head of the Civil Enforcement Office under the provincial Department of Justice is the chief enforcement officer and concurrently the head of the civil enforcement agency.

The head of the military regional civil enforcement office and equivalent units is the chief enforcement officer and concurrently the head of the civil enforcement agency.

The head of the civil enforcement team under the district justice office is the chief enforcement officer and concurrently the head of the civil enforcement agency.

Article 8. - The Civil Enforcement Office under the provincial Department of Justice has the following tasks and powers:

1. Assist the Director of the provincial Department of Justice in managing civil enforcement work within the province or centrally governed city;

2. Manage the business operations of civil enforcement by civil enforcement teams under district justice offices, train enforcement officers and civil enforcement staff in their duties; resolve complaints and denunciations about civil enforcement according to Article 44 of the Civil Enforcement Law; summarize practical civil enforcement experiences, implement statistical and reporting systems for civil enforcement work;

3. Directly organize the execution of court judgments and decisions in accordance with the Civil Enforcement Law.

The Enforcement Office under the Department of Justice has an enforcement officer-in-charge, enforcement officers, and staff performing enforcement tasks.

Article 9. - The Military Zone Enforcement Office and equivalent offices have the following duties and powers:

1. Organizing the enforcement of decisions regarding property in criminal judgments of military courts as prescribed by the Civil Enforcement Ordinance;

2. Implementing statistical and reporting systems for enforcement work.

The Military Zone Enforcement Office and equivalent offices have an enforcement officer-in-charge, enforcement officers, and staff performing enforcement tasks.

Article 10. - The Enforcement Team under the District, County, City, and Provincial City Justice Departments has the following duties and powers:

1. Directly organizing the enforcement of judgments and decisions of the court as prescribed by the Civil Enforcement Ordinance;

2. Implementing statistical and reporting systems for civil enforcement work.

The Enforcement Team under the District, County, City, and Provincial City Justice Departments has an enforcement officer-in-charge, enforcement officers, and staff performing enforcement tasks.

Article 11. - Complaints about unlawful actions of enforcement officers in the military are resolved by the Head of the Military Zone Enforcement Office and equivalent offices within fifteen days from the date of receipt of the complaint. If the complainant still appeals against the decision of the Head of the Military Zone Enforcement Office and equivalent offices, then the Head of the Enforcement Management Office under the Ministry of National Defense resolves and replies to the complainant within thirty days from the date of receipt of the complaint. The decision resolving the complaint of the Head of the Enforcement Management Office under the Ministry of National Defense shall take effect.

Complaints about unlawful actions of the Head of the Military Zone Enforcement Office and equivalent offices are resolved by the Head of the Enforcement Management Office under the Ministry of National Defense within thirty days from the date of receipt of the complaint. If the complainant still appeals against the decision of the Head of the Enforcement Management Office under the Ministry of National Defense, then the Minister of National Defense resolves within fifteen days from the date of receipt of the complaint. The decision of the Minister of National Defense shall take effect.

Article 12. - The total establishment, budget of civil enforcement agencies are decided by the Government based on the proposal of the Minister of Justice and the Ministers, Heads of the Organization-Cadre Agency of the Government. The Minister of Justice stipulates and allocates the establishment and budget for local enforcement agencies.

The organization, establishment, budget, workplace, and operational means of the Military Zone Enforcement Offices and equivalent offices are decided by the Minister of National Defense after reaching consensus with the Minister of Justice.

The Civil Enforcement Management Bureau under the Ministry of Justice, the Enforcement Management Office under the Ministry of National Defense, the Enforcement Office under the Department of Justice, the Military Zone Enforcement Office and equivalent offices, and the Enforcement Team under the District, County, City, and Provincial City Justice Departments shall have the national emblem seal.

Chapter III

ENFORCEMENT OFFICERS

Article 13.

1. Vietnamese citizens who meet the following criteria may be appointed as enforcement officers or enforcement officer-in-charges:

a) Loyal to the country, honest, incorruptible, impartial, and having good moral qualities;

b) Possess necessary legal knowledge;

c) Master enforcement procedures;

d) Have health sufficient to fulfill assigned tasks.

2. District, County, City, and Provincial City Enforcement Officers must meet the general criteria specified in Clause 1 of this Article and the specific criteria as follows:

a) Hold a bachelor's degree in law or equivalent;

b) Have attended enforcement training courses.

3. Provincial and Central City Enforcement Officers must meet the general criteria specified in Clause 1 of this Article and the specific criteria as follows:

a) Hold a bachelor's degree in law or equivalent;

c) Be an officer who has worked in military courts, military prosecution offices, criminal investigation agencies, or security protection agencies for at least three years.

c) Have at least three years of legal work experience, or have served as a District, County, City, and Provincial City Enforcement Officer for at least two years.

4. District, County, City, and Provincial City Enforcement Officer-In-Charge must meet the following specific criteria:

a) Have served as a District, County, City, and Provincial City Enforcement Officer for at least two years;

b) Possess management and administrative capabilities for enforcement work.

5. Provincial and Central City Enforcement Officer-In-Charge must meet the following specific criteria:

a) Have served as a Provincial or Central City Enforcement Officer for at least three years, or have served as a District, County, City, and Provincial City Enforcement Officer-In-Charge for at least two years;

b) Possess management and administrative capabilities for enforcement work.

6. Enforcement Officers and Enforcement Officer-In-Charge in the military must meet the general criteria specified in Clause 1 of this Article and the specific criteria prescribed by the Minister of National Defense after reaching consensus with the Minister of Justice.

Article 14. - The appointment, dismissal, and removal of Enforcement Officers and Enforcement Officer-In-Charge of Provincial and Central City Enforcement Offices are decided by the Minister of Justice based on the proposal of the Director of the Civil Enforcement Management Bureau under the Ministry of Justice.

The appointment, dismissal, and removal of Enforcement Officer-In-Charge of District, County, City, and Provincial City Enforcement Teams are decided by the Minister of Justice based on the proposal of the Department of Justice Director.

The appointment, dismissal, and removal of Enforcement Officers and Enforcement Officer-In-Charge responsible for enforcing decisions regarding property in criminal judgments of military courts are decided by the Minister of Justice after reaching consensus with the Minister of National Defense based on the proposal of the Head of the Enforcement Management Office under the Ministry of National Defense.

Article 15. - Enforcement Officers are issued an Enforcement Officer card for use during their duties.

1. The Enforcement Officer card is issued by the Minister of Justice; when changing positions, Enforcement Officers are issued a new card appropriate to their new position; when ceasing to hold the position, they must return the card; if Enforcement Officers are disciplined, their cards will be revoked.

2. In case of loss of the Enforcement Officer card, it must be reported immediately to the nearest police station and the Enforcement Office where the Enforcement Officer works.

3. It is strictly prohibited to use uniforms and Enforcement Officer cards for personal purposes. If uniforms and Enforcement Officer cards are misused for illegal activities, legal action will be taken.

All acts of forgery or misuse of uniforms and Enforcement Officer cards to commit illegal acts are prohibited.

Article 16.

1. Enforcement Officers are provided with:

- Emblems attached to hats and collars.

- Autumn-winter clothing, spring-summer clothing;

- Other attire.

The badge attached to the hat is made of metal with a thickness of 1.5mm, circular in shape, diameter of 30mm, on the left and right sides of the badge, there are four golden rice stalks, at the top where the two rice stalks meet is a raised golden star with a diameter of 1.8mm, in the center of the badge is a shield and two crossed swords, the tips of the swords point downwards while the ends of the swords extend upwards, with a diameter of 1.5mm, color platinum, on a red background with rays from the star above extending downward, around the shield are twelve small circles like twelve nail heads, below is a half gear wheel with a diameter of 4mm, dark blue in color, horizontally across the middle of the circle are the three letters "T.H.A" (abbreviation for "Thi Hành Án") in platinum color standing out.

The badge attached to the shoulder strap is rectangular, measuring 50mm in length and 32mm in width, with a light blue background, in the center of the badge (on the rectangle) is a shield and two swords, the height from the tip to the hilt of the sword is 25mm, the width of the shield is 10mm, surrounding the badge is a platinum-colored border with a width of 3mm, the length and width of the border are equal to that of the badge. The badge of the chief enforcement officer has a gold-colored metal border.

3. The attire of the enforcement officer includes autumn-winter clothing, spring-summer clothing, kepi hat, hard hat, necktie, leather shoes, plastic sandals, socks, leather belt, raincoat, leather case for documents.

The model and colors of the clothing are specified by the Minister of Justice.

4. The enforcement officer's card is pink, measuring 75mm in width and 100mm in length, consisting of two sides:

The front side reads:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

ENFORCEMENT OFFICER BADGE

Number:

Name:

Date of birth: day, month, year

Position:

Place of work:

On the left is the enforcement officer's badge, below the badge is a photograph of the enforcement officer measuring 3x4cm (with a raised stamp at the lower right corner).

(Signature, stamp)

From the upper left corner to the lower right corner of the card, there is a diagonal line 10mm wide, bright red in color. In the middle of the diagonal line is a five-pointed yellow star.

The back side reads: "State agencies, economic organizations, social organizations, people's armed units, and citizens have the responsibility to comply with the requests of the enforcement officer in the execution of judgments."

Article 17. - The issued attire includes:

- One set of outer autumn-winter clothing every four years.

- One set of outer spring-summer clothing every two years.

- One long-sleeved shirt every year.

- One pair of leather shoes every two years.

- One faux leather belt every two years.

- Two pairs of plastic sandals every year.

- Two pairs of socks every two years.

- One necktie every two years.

- One raincoat every year.

- One kepi hat every two years.

- One hard hat every two years.

- One leather case for documents every four years.

3. The principles for issuing and using the attire are as follows:

- Enforcement officers are issued attire according to the prescribed time limit.

It is not allowed to lend, buy, sell, exchange, or give as gifts to others.

- In cases where the attire is damaged or worn out for legitimate reasons, it can be replaced or exchanged.

- If transferred to another position or retired according to regulations, the badge may be recovered depending on specific circumstances.

4. Enforcement officers working in provinces from Quang Nam - Da Nang northward and in the Central Highlands are provided with autumn-winter clothing and spring-summer clothing; in provinces south of Quang Ngai, autumn-winter clothing is not provided but replaced with two sets of spring-summer clothing.

Article 18.

1. Enforcement officers and civil servants who perform their duties in civil enforcement satisfactorily shall be rewarded according to the current state regulations.

2. Enforcement officers who fail to enforce court judgments and decisions properly, delay the execution of judgments, apply coercive measures for enforcement unlawfully, violate the moral standards of an enforcement officer, shall be disciplined: warning, dismissal, forced resignation, or criminal prosecution; if damage is caused, they must compensate.

Chapter IV

FINAL PROVISIONS

Article 19. - The Minister of Justice is responsible for guiding the implementation of this Decree.

Article 20. - Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.

Article 21. - This Decree takes effect from the date of signature and replaces Decree No. 68-HĐBT dated March 6, 1990 of the Council of Ministers.