Circular No. 394/QLTA guiding the implementation of standards for enforcement officers and the appointment of enforcement officers and chief enforcement officers

CIRCULAR

Guidelines for implementing the standards of Enforcement Officers and appointing Enforcement Officers,

 and Chief Enforcement Officers

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Pursuant to the Ordinance on Civil Enforcement promulgated by the State Council on August 31, 1989;

Pursuant to Decree No. 68-HĐBT dated March 6, 1990 of the Council of Ministers, which issued the Enforcement Officer regulations, Article 4 stipulates the standards for Enforcement Officers and Chief Enforcement Officers; those appointed as Enforcement Officers must have: "political integrity, honesty, objectivity, necessary legal knowledge, mastery of enforcement procedures, and a spirit to uphold socialist rule of law." Those appointed as Chief Enforcement Officers must meet the standards of Enforcement Officers, having worked as Enforcement Officers or judges at the same level for two years or more; in addition, they must possess management and administrative skills for the enforcement department.

The Minister of Justice shall specify the detailed standards for Enforcement Officers and Chief Enforcement Officers of People's Courts at provincial, city, and centrally-administered city levels (hereinafter referred to as provincial level), and district, county, town, and city-level courts under provinces (hereinafter referred to as district level), and appoint Enforcement Officers and Chief Enforcement Officers as follows.

I. STANDARDS FOR ENFORCEMENT OFFICERS AND CHIEF ENFORCEMENT OFFICERS

1. Possess good moral character, impartiality, honesty, objectivity, dedication to work, and a spirit to uphold socialist rule of law.

2. Have completed the basic theoretical program on Marxism-Leninism for district-level Enforcement Officers; the intermediate theoretical program on Marxism-Leninism for provincial-level Enforcement Officers. Individuals who have graduated or completed the university-level legal program, university, or college programs in Courts, Prosecution, and Police are considered to have equivalent intermediate theoretical knowledge on Marxism-Leninism; those who have graduated or completed the secondary-level legal program, secondary Court, Prosecution, and Police programs are considered to have equivalent basic theoretical knowledge on Marxism-Leninism.

3. Educational level must be high school graduate or supplementary education (10/10 or 12/12). For Enforcement Officers who are ethnic minorities or non-minorities working in border provinces in the north, Central Highlands, and some mountainous districts in other regions (the Ministry of Justice will provide specific regulations), they must have a basic educational level or supplementary education.

4. Must have a secondary-level legal education or equivalent for district-level Enforcement Officers; a university-level legal education or equivalent for provincial-level Enforcement Officers. Individuals with equivalent secondary-level legal education are those who have completed the secondary-level legal program but were unable to take the graduation exam due to certain reasons or those who have graduated from secondary Court, Police, and Prosecution programs (with certification from the school) and those who have completed three-quarters of the secondary legal program in part-time studies. Individuals with equivalent university-level legal education are those who have completed the university-level legal program but were unable to take the graduation exam due to certain reasons or those who have graduated from College Court, Police, and Prosecution programs (with certification from the school) and those who have completed three-quarters of the university legal program in part-time studies are also recognized as having equivalent university-level legal education.

Staff members who have not yet graduated from a university-level legal program but have studied civil and criminal law according to the university curriculum can still be appointed as Enforcement Officers, after which these individuals must receive additional training in legal knowledge and enforcement procedures.

5. Must be physically fit to perform duties, without physical defects (deformities, abnormalities...).

6. Must have worked in enforcement procedures in Courts, Prosecution, and Police agencies for at least two years and received enforcement procedure training.

Chief Enforcement Officers must meet all the standards set out above for Enforcement Officers and also have the ability to manage and oversee the work of the enforcement department and have worked as Enforcement Officers or judges at the same level for two years or more.

Staff members who have been appointed as Enforcement Officers and meet the standards must now be reappointed according to the correct procedures and authority specified in this circular.

When selecting candidates for appointment as Enforcement Officers and Chief Enforcement Officers, it is necessary to ensure that they meet the prescribed standards.

To ensure the requirements of enforcement work, where there are insufficient staff meeting the standards for Enforcement Officers, a judge who meets the standards may be transferred to be appointed as a Chief Enforcement Officer (the President of the Court needs to report this matter to the Standing Committee of the People's Council at the same level).

Staff members currently serving as Enforcement Officers who do not meet the standards or other staff assisting in enforcement work who have not been appointed as Enforcement Officers shall not exercise the powers and policies of Enforcement Officers. The Hanoi University of Law and its branch in Ho Chi Minh City must urgently organize classes to enhance legal knowledge and enforcement procedures for Enforcement Officers, Chief Enforcement Officers, and experienced enforcement staff who lack sufficient legal knowledge, so they can be appointed as Enforcement Officers.

In special cases, where there are no staff meeting the educational and legal knowledge standards set out in Points 3 and 4, but who meet all other standards and have been performing well as Enforcement Officers or in enforcement work for two years or more, they may be proposed to the Ministry of Justice for consideration of appointment as Enforcement Officers, including district-level Enforcement Officers; subsequently, these staff members must strive to meet the prescribed standards; if they fail to meet the standards within two years from the date of appointment, they may be relieved of their positions.

II. APPOINTMENT OF ENFORCEMENT OFFICERS AND CHIEF ENFORCEMENT OFFICERS

1. The Minister of Justice shall appoint Enforcement Officers and Chief Enforcement Officers at provincial-level People's Courts upon the recommendation of the President of the provincial-level People's Court; appoint Chief Enforcement Officers at district-level People's Courts upon the recommendation of the President of the People's Court where the Enforcement Officer works and the Director of the Department of Justice.

2. The Minister of Justice shall delegate the Director of the Department of Justice to appoint Enforcement Officers at district-level People's Courts upon the recommendation of the President of the People's Court where the Enforcement Officer works.

3. Prior to proposing the appointment of an enforcement officer-in-chief and the appointment of enforcement officers at the People's Court at the provincial level, the Director of the Department of Justice shall consult with the President of the People's Court at the provincial level.

4. In cases where there are differing opinions between the President of the People's Court at the provincial level and the Director of the Department of Justice regarding the application of standards for enforcement officers and enforcement officer-in-chiefs, they must report to the Minister of Justice for examination and decision. Appointments that are not correct shall be revoked by the Minister of Justice.

5. The Director of the Department of Justice is responsible for organizational management of enforcement officers and enforcement officer-in-chiefs and for guiding inspections or coordinating with the President of the People's Court at the provincial level to inspect the organization and execution activities of the People's Court at the provincial level.

The contents of this Circular have been discussed with the Comrade President of the Supreme People's Court./.