Consolidated Document number 4371/VBHN-BTP stipulates the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice.

Pursuant to …;

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

Decision No. 61/2014/QĐ-TTg dated October 30, 2014, of the Government Chairman stipulates the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice, which took effect from December 15, 2014, has been amended and supplemented by:

Decision No. 19/2023/QĐ-TTg dated August 2, 2023, of the Government Chairman amending and supplementing certain articles of Decision No. 61/2014/QĐ-TTg dated October 30, 2014, of the Government Chairman stipulating the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice, which took effect from September 20, 2023.

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

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

Pursuant to the Administrative Litigation Law on November 24, 2010;

Pursuant to Decree No. 74/2009/NĐ-CP dated September 9, 2009, of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law regarding enforcement management agencies, enforcement agencies, and civil enforcement officers;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Minister of Justice,

The Government Chairman promulgates the Decision stipulating the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice.[1]

DECISION:

Article 1. Position and Functions of the Civil Enforcement General Department

1. The Civil Enforcement General Department is an agency under the Ministry of Justice, performing the function of advising and assisting the Minister of Justice in managing state affairs concerning civil enforcement and administrative enforcement throughout the country; implementing specialized management over civil enforcement and administrative enforcement according to the law.

2. The Civil Enforcement General Department has legal personality, a seal with the National Emblem, a separate account at the State Treasury, and its headquarters in Hanoi City.

Article 2. Tasks and Powers of the Civil Enforcement General Department

The Civil Enforcement General Department performs the following tasks and powers:

1. Drafting for the Minister of Justice to submit to competent authorities or issuing within their authority:

a) Draft laws, draft resolutions of the National Assembly; draft ordinances, draft resolutions of the Standing Committee of the National Assembly; draft decrees, draft resolutions of the Government; draft decisions, directives of the Prime Minister; draft circulars, decisions of the Minister of Justice, and other documents on civil enforcement and administrative enforcement management;

b) Strategies, national programs, projects, plans for long-term, five-year, annual periods, draft reports to the National Assembly, reports to the Government on civil enforcement and administrative enforcement management.

2. Submitting to the Minister of Justice for decision:

a) Establishing, dissolving civil enforcement agencies; specialized departments and equivalent organizations under the Provincial Civil Enforcement Agency under central cities;

b) Managing the organization and civil servants of the civil enforcement agency system according to the law;

c) Regulations on procedures, formalities, standards, quotas, forms, documents on civil enforcement and administrative enforcement;

d) Regulations on statistics on civil enforcement and administrative enforcement.

3. Guiding, inspecting, and organizing the implementation of normative legal documents, strategies, planning, programs, projects on civil enforcement and administrative enforcement management after approval and issuance.

Conducting work to review, systematize, inspect the implementation of normative legal documents on civil enforcement and administrative enforcement; promoting, disseminating, and educating the law on civil enforcement and administrative enforcement.

Promoting, educating, and mobilizing organizations and individuals to strictly implement court judgments, decisions, and other regulations according to the law.

4. Issuing within their authority guidance documents, professional instructions on civil enforcement and administrative enforcement, individual documents, internal normative documents according to the law.

5. Organizing inspections:

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

b) Statistical systems and reporting on civil enforcement, administrative enforcement management, and urging administrative enforcement;

c) Collection and expenditure of money, transfer and receipt of assets in civil enforcement; collection and payment of fees, taxes, and costs of compulsory enforcement in civil enforcement;

d) Other activities related to civil enforcement work and administrative enforcement management according to the law.

6. Handling complaints and denunciations; processing within their authority or recommending competent authorities to process according to the law against violations of civil enforcement laws, administrative enforcement management, and urging administrative enforcement; preventing corruption, negative practices, and practicing thrift, combating waste in civil enforcement, administrative enforcement management, and urging administrative enforcement according to the law.

7. Implementing preventive measures against crimes in civil enforcement and administrative enforcement management.

8. Monitoring the implementation of laws in the field of civil enforcement and administrative enforcement.

8a[2]. Taking the lead in coordinating with relevant agencies to monitor, urge, and inspect ministries, ministerial-level agencies, government agencies, and provincial people's committees in compliance with administrative litigation procedural laws.

9. Monitoring the implementation of objections and suggestions of the People's Procuracy related to civil enforcement activities and urging administrative enforcement. Responding to objections and suggestions of the People's Procuracy according to regulations.

10. Implement plans, programs, projects, and cooperation projects with foreign countries on civil enforcement and administrative enforcement in accordance with the provisions of the law and the分级管理 of the Minister of Justice; evaluate the results of international cooperation in civil enforcement and administrative enforcement work.

11. Coordinate with relevant agencies to conduct inspections on civil enforcement management, administrative enforcement management, and handling non-compliance with judgments in accordance with the provisions of the law.

12. Assist the Minister of Justice in coordinating with the Minister of National Defense to manage civil enforcement within the military.

13. Organize research, management, and application of scientific and technological progress into the activities of civil enforcement agencies; modernize the technical infrastructure of civil enforcement agencies.

14. Statistics and build databases on civil enforcement and administrative enforcement.

15. Manage organizational structure, job positions, civil servant quotas, number of staff working in units under the Civil Enforcement General Department; implement salary systems and incentive policies; appoint, reappoint, transfer, redeploy, dismiss, resign, secondment, retirement, termination; commendation and disciplinary actions; training and professional development for civil servants and officials under the jurisdiction of the Civil Enforcement General Department in accordance with the provisions of the law and the分级管理 of the Minister of Justice.

16. Manage and implement budget allocation, ensure material and technical infrastructure, operational equipment for civil enforcement agencies in accordance with the provisions of the law and the分级管理 of the Minister of Justice.

17. Manage fees collected by civil enforcement agencies and submitted to the Civil Enforcement General Department to regulate enforcement fees and use them in accordance with the provisions of the law.

18. Organize and manage the competition and commendation work of the system of civil enforcement agencies, other organizations, and individuals who have outstanding achievements in civil enforcement work, administrative enforcement management, and urging administrative enforcement in accordance with the provisions of the law and the分级管理 of the Minister of Justice.

19. Implement state compensation regulations in civil enforcement and urge administrative enforcement in accordance with the provisions of the law.

20. Implement administrative reform and judicial reform tasks according to the goals and contents of the approved administrative reform and judicial reform program by the competent authority.

21. Perform other duties and powers assigned by the Minister of Justice and as stipulated by the law.

Article 3. The organizational structure of the Civil Enforcement General Department

The Civil Enforcement General Department is organized into a vertical system from central to local levels, ensuring the principle of centralized unity, with the following organizational structure:

1. Agencies directly under the Civil Enforcement General Department at the central level:

a) The Case Management and Guidance Division for the execution of civil, economic, labor, family, and commercial arbitration judgments (referred to as Division 1).

b) The Case Management and Guidance Division for the execution of bankruptcy judgments; civil parts, money, assets, and evidence in criminal judgments and decisions related to property in competition cases (referred to as Division 2).

c)[3] c) The Administrative Execution Management, Statistics, and Data Division (referred to as Division 3).

d) The Complaints and Petitions Resolution Division;

e) Organization and Cadre Department;

e) The Planning and Finance Division;

g) The Office;

h)|||[4] The Civil Enforcement Electronic Magazine.

The organizations specified from Point a to Point g Clause 1 of this Article are administrative organizations assisting the General Director in performing state management functions.

The organization specified in Point h Clause 1 of this Article is a public service institution.

2. Civil Enforcement Agencies at the local level:

a) Civil Enforcement Bureaus in provinces and centrally-administered cities (collectively referred to as Provincial Civil Enforcement Bureaus) under the Civil Enforcement General Department;

b) Civil Enforcement Sub-bureaus in districts, counties, towns, and cities under provinces (collectively referred to as District Civil Enforcement Sub-bureaus) under Provincial Civil Enforcement Bureaus.

Provincial Civil Enforcement Bureaus and District Civil Enforcement Sub-bureaus have legal personality, seals bearing the State Emblem, accounts at the State Treasury, and separate offices in accordance with the provisions of the law.

Article 4. The structure of civil enforcement officials and staff of the Civil Enforcement General Department

1. The Civil Enforcement General Department has the following personnel structure:

a)[5] Director-General and not more than four Deputy Directors-General;

b) Reviewers, Chief Reviewers, Senior Reviewers for enforcement and other civil servants;

c) Staff members.

The Director-General of the Civil Enforcement General Department shall stipulate the tasks, powers, structure of civil servants, and organization of units assisting the Director-General; appoint, dismiss, remove from office, demote leaders and managers of subordinate units according to the classification of the Minister of Justice and as prescribed by law.

2. The Director-General and Deputy Directors-General shall be appointed, dismissed, removed from office, or demoted by the Minister of Justice according to the provisions of law.

3. The Director-General of the Civil Enforcement General Department shall be responsible before the Minister of Justice and before the law for all activities of the General Department. Deputy Directors-General shall be responsible before the Director-General and before the law for the areas they are assigned to manage.

Article 5. Position, functions, and organizational structure and civil servants of the Provincial Civil Enforcement Department

1. The Provincial Civil Enforcement Department is a unit directly under the Civil Enforcement General Department, performing the function of civil enforcement and administrative enforcement with the task of assisting the Director-General of the Civil Enforcement General Department in managing certain aspects of organizational and personnel work of local enforcement agencies and implementing other tasks and powers as prescribed by law.

2.[6] Based on workload, staffing quotas allocated, criteria for establishing departments as prescribed by the Government, the Provincial Civil Enforcement Department may have up to five department-level units. The Ho Chi Minh City Civil Enforcement Department may have up to six department-level units.

3. The Provincial Civil Enforcement Department has a Director who is concurrently the Head of the Civil Enforcement Agency; a Deputy Director who is concurrently the Deputy Head of the Civil Enforcement Agency; Junior Enforcement Officers; Intermediate Enforcement Officers; Senior Enforcement Officers; Reviewers for enforcement; Chief Reviewers for enforcement; Senior Reviewers for enforcement (if any); Enforcement Secretaries and other civil servants.

4. The Director of the Provincial Civil Enforcement Department shall be responsible before the Director-General of the Civil Enforcement General Department and before the law for all activities of the Provincial Civil Enforcement Department. The Deputy Director of the Provincial Civil Enforcement Department shall be responsible before the Director of the Provincial Civil Enforcement Department and before the law for the areas of work they are assigned to manage.

5. The Provincial Civil Enforcement Department shall be subject to the direction of the People's Committee at the provincial level as provided for in Article 173 of the Civil Enforcement Law, and shall be responsible for reporting to the same-level People's Committee on policies and measures to strengthen civil enforcement work, management and urging of administrative enforcement on the territory, and implementing reports on civil enforcement work, management and urging of administrative enforcement before the same-level People's Council according to the provisions of law.

Article 6. Position, functions, and organizational structure and civil servants of the District Civil Enforcement Department

1. The District Civil Enforcement Department is a unit directly under the Provincial Civil Enforcement Department, performing the function of civil enforcement and urging administrative enforcement and implementing other tasks and powers as prescribed by law.

2. The District Civil Enforcement Department has a Director who is concurrently the Head of the Civil Enforcement Agency, a Deputy Director who is concurrently the Deputy Head of the Civil Enforcement Agency, Junior Enforcement Officers, Intermediate Enforcement Officers, Reviewers for enforcement, Enforcement Secretaries and other civil servants.

3. The Director of the District Civil Enforcement Department shall be responsible before the Director of the Provincial Civil Enforcement Department and before the law for all activities of the District Civil Enforcement Department. The Deputy Director of the District Civil Enforcement Department shall be responsible before the Director of the District Civil Enforcement Department and before the law for the areas of work they are assigned to manage.

4. The District Civil Enforcement Department shall be subject to the direction of the People's Committee at the district level as provided for in Article 174 of the Civil Enforcement Law, and shall be responsible for reporting to the same-level People's Committee on policies and measures to strengthen civil enforcement work, urging of administrative enforcement on the territory, and implementing reports on civil enforcement work, urging of administrative enforcement before the same-level People's Council according to the provisions of law.

Article 7. Effective Date[7]

This Decision takes effect from December 15, 2014.

Article 8. Responsibility for Implementation

The Minister of Justice, the Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of People's Committees of provinces and centrally governed cities, the Director-General of the Civil Enforcement General Department, relevant agencies, organizations, and individuals shall be responsible for implementing this Decision./.

[1] Decision No. 19/2023/QĐ-TTg amending and supplementing some articles of Decision No. 61/2014/QĐ-TTg dated October 30, 2014 of the Prime Minister prescribing the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice is based on the following grounds:

"Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government prescribing the functions, tasks, powers, and organizational structure of Ministries and Ministries equivalent to ministries; Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing some articles of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government prescribing the functions, tasks, powers, and organizational structure of Ministries and Ministries equivalent to ministries;

Pursuant to Decree No. 158/2018/NĐ-CP dated November 22, 2018 of the Government stipulating the establishment, reorganization, and dissolution of administrative organizations;

Pursuant to Decree No. 120/2020/NĐ-CP dated October 7, 2020 of the Government stipulating the establishment, restructuring, and dissolution of public service organizations;

Pursuant to Decree No. 60/2021/NĐ-CP dated June 21, 2021 of the Government on the mechanism of self-management of public service units;

At the proposal of the Minister of Justice;

The Prime Minister promulgates this Decision amending and supplementing some articles of Decision No. 62/2014/QĐ-TTg dated October 30, 2014 of the Prime Minister prescribing the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice.”

[2] This clause is added pursuant to Clause 1, Article 1 of Decision No. 19/2023/QĐ-TTg amending and supplementing certain provisions of Decision No. 61/2014/QĐ-TTg dated October 30, 2014 of the Government Chairman on the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice, which takes effect from September 20, 2023.

[3] This point is amended and supplemented pursuant to Clause 2, Article 1 of Decision No. 19/2023/QĐ-TTg amending and supplementing certain provisions of Decision No. 61/2014/QĐ-TTg dated October 30, 2014 of the Government Chairman on the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice, which takes effect from September 20, 2023.

[4] This point is amended and supplemented pursuant to Clause 2, Article 1 of Decision No. 19/2023/QĐ-TTg amending and supplementing certain provisions of Decision No. 61/2014/QĐ-TTg dated October 30, 2014 of the Government Chairman on the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice, which takes effect from September 20, 2023.

[5] This point is amended pursuant to Clause 3, Article 1 of Decision No. 19/2023/QĐ-TTg amending and supplementing certain provisions of Decision No. 61/2014/QĐ-TTg dated October 30, 2014 of the Government Chairman on the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice, which takes effect from September 20, 2023.

[6] This clause is amended pursuant to Clause 4, Article 1 of Decision No. 19/2023/QĐ-TTg amending and supplementing certain provisions of Decision No. 61/2014/QĐ-TTg dated October 30, 2014 of the Government Chairman on the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice, which takes effect from September 20, 2023.

[7] Articles 2 and 3 of Decision No. 19/2023/QĐ-TTg amending and supplementing certain provisions of Decision No. 61/2014/QĐ-TTg dated October 30, 2014 of the Government Chairman on the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice, which takes effect from September 20, 2023, are stipulated as follows:

“Article 2.

The Minister of Justice shall organize the dissolution of the Statistics Center, Data Management and Information Technology Application Center; carry out matters related to the organization and operation of the Civil Enforcement Electronic Magazine under the Civil Enforcement General Department in accordance with the law.

Article 3. Effectiveness and Responsibility for Implementation

This Decision takes effect from September 20, 2023.

The Minister of Justice, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, Director of the Civil Enforcement General Department, and relevant agencies, organizations, and individuals are responsible for implementing this Decision.”