Decision No. 32/2009/QĐ-TTg on the functions, tasks, powers, and organizational structure of the Civil Enforcement Agency under the Ministry of Justice

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Civil Enforcement Agency under the Ministry of Justice

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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

Pursuant to Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government on civil enforcement management agencies, civil enforcement agencies, and civil enforcement officers and civil servants;

Considering the proposal of the Minister of Justice,

DECISION:

Article 1. Position and Functions

1. The Civil Enforcement Agency is an agency directly under the Ministry of Justice, performing the function of advising and assisting the Minister of Justice in managing state administration over civil enforcement work nationwide; implementing specialized management over civil enforcement according to the provisions of the law.

2. The Civil Enforcement Agency has legal personality, a seal with the State Emblem, a separate account, and headquarters in Hanoi City.

Article 2. Tasks and Authorities

The Civil Enforcement Agency performs the following tasks and powers:

1. Submitting to the Minister of Justice for submission to the Government and the Prime Minister for consideration and decision:

a) Draft laws, ordinances, draft resolutions of the National Assembly and the Standing Committee of the National Assembly; draft resolutions, decrees of the Government on civil enforcement;

b) Strategies, national programs, projects, plans, draft decisions, directives of the Prime Minister on civil enforcement; draft reports to the National Assembly and the Government on civil enforcement.

2. Submitting to the Minister of Justice for decision or issuance:

a) Circulars, decisions, directives on civil enforcement;

b) Establishment, merger, dissolution of local civil enforcement agencies;

c) Appointment, reappointment, dismissal, resignation, removal from office of Heads and Deputy Heads of Civil Enforcement Agencies of provinces and centrally-administered cities; appointment, reappointment, dismissal, removal from office of Enforcement Officers; appointment, promotion, transfer of Review Officers within the authority of the Minister of Justice;

d) Provisions on procedures, formalities, standards, quotas, forms, documents on civil enforcement.

3. Implementing legal documents, national strategies, programs, plans, projects after their promulgation and approval.

4. Issuing, within its authority, guiding documents on professional matters related to civil enforcement, individual documents, internal regulatory documents according to the provisions of the law.

5. Organizing inspections:

a) Implementation of procedures, formalities, and application of laws in civil enforcement activities;

b) Statistical systems and statistical reports on civil enforcement;

c) Collection and expenditure of money, delivery and receipt of assets in civil enforcement, collection of fees and charges and costs of compulsory enforcement;

d) Other activities related to civil enforcement work according to the provisions of the law.

6. Resolving complaints about civil enforcement within the jurisdiction according to the provisions of the law on civil enforcement; resolving accusations about civil enforcement according to the Law on Complaints and Accusations.

7. Implementing anti-corruption measures in the civil enforcement system according to the provisions of the law and the classification of the Minister of Justice.

8. Implementing international cooperation plans, programs, projects on civil enforcement according to the provisions of the law and the assignment of the Minister of Justice; evaluating the results of international cooperation in civil enforcement work.

9. Propaganda, education, mobilization of organizations and individuals to strictly implement civil judgments and decisions of the People's Court with legal effect.

10. Cooperating with relevant agencies:

a) Inspection of civil enforcement;

b) Handling non-compliance with judgments according to the provisions of the law.

11. Assisting the Minister of Justice in coordinating with the Minister of Defense in managing state administration over civil enforcement in the military according to the provisions of the law.

12. Researching and applying scientific and technological progress and modernizing material and technical infrastructure in the operation of the civil enforcement system.

13. Statistics and building databases on civil enforcement.

14. Managing organization, staffing, cadres, and civil servants of the civil enforcement system according to the provisions of the law and the classification of the Minister of Justice.

15. Organizing training and professional development for Enforcement Officers, Review Officers, cadres, and civil servants of the civil enforcement system according to the provisions of the law and the classification of the Minister of Justice.

16. Managing state budget funds and assets allocated according to the provisions of the law and the classification of the Minister of Justice; managing fees collected by enforcement agencies for the adjustment of enforcement fees and retained income for the Civil Enforcement Agency according to the provisions of the law.

17. Implementing administrative reform and judicial reform tasks according to the goals and contents of the approved administrative and judicial reform programs.

18. Performing other tasks and powers assigned by the Minister of Justice.

Article 3. Organizational Structure

1. Office.

2. Department of Management and Direction of Civil Enforcement of Civil Judgments, Economic, Labor, Family, and Bankruptcy Cases (referred to as Department of Business Affairs 1).

3. Department of Management and Direction of Asset Parts in Criminal and Administrative Judgments (referred to as Department of Business Affairs 2).

4. Department of Complaints and Accusations Resolution.

5. Department of Organization and Cadres.

6. Department of Planning and Finance.

Article 4. Leadership of the Civil Enforcement Agency

1. The Civil Enforcement Agency has a Director and no more than three Deputy Directors.

2. The Director and Deputy Directors are appointed, relieved of duty, or dismissed by the Minister of Justice in accordance with the provisions of the law.

3. The Director of the Civil Enforcement Agency shall define the functions, tasks, powers, and organizational structure of subordinate units under the Civil Enforcement Agency.

4. The Director of the Civil Enforcement Agency is responsible to the Minister of Justice and to the law for all activities of the Civil Enforcement Agency. The Deputy Director of the Civil Enforcement Agency is responsible to the Director of the Civil Enforcement Agency and to the law for the areas of work assigned to them.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect forty-five days from the date of issuance.

Abolish Decision No. 295/QD-BTP dated June 9, 2008 of the Minister of Justice on the organizational structure of the Civil Enforcement Agency.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government, and the Director of the Civil Enforcement Agency are responsible for implementing this Decision./.