Decree No. 50/2005/ND-CP On the management agency for civil enforcement, civil enforcement agencies, and civil enforcement officers and civil servants

 

DECREE

Regarding the administrative bodies for enforcement of civil judgments, enforcement agencies for civil judgments, and officials and civil servants engaged in enforcement of civil judgments

This Decree specifies the following:

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THE GOVERNMENT

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

Pursuant to the Civil Enforcement Law dated January 14, 2004;

At the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.Scope of application

1. Organization, tasks, and powers of administrative bodies for enforcement of civil judgments and enforcement agencies for civil judgments;

2. Selection, appointment, removal, and dismissal of Enforcement Officers, Heads, and Deputy Heads of enforcement agencies for civil judgments;

3. Systems and policies for Enforcement Officers and officials and civil servants engaged in enforcement of civil judgments.

Administrative bodies for enforcement of civil judgments

Article 2.1. The Civil Execution Agency under the Ministry of Justice assists the Minister of Justice in performing state management functions over civil judgment enforcement nationwide.

2. The Civil Execution Agency under the Ministry of National Defense assists the Minister of National Defense in performing state management functions over civil judgment enforcement within the military.

3. The Department of Justice assists the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the Provincial People's Committee) in managing state affairs related to civil judgment enforcement within their respective provinces; implements certain management tasks and powers delegated by the Minister of Justice over local enforcement agencies.

4. The Justice Office assists the People's Committee of the district, town, or provincial city (hereinafter referred to collectively as the District People's Committee) in managing civil judgment enforcement within their respective districts.

Enforcement agencies for civil judgments

Article 3.Enforcement agencies for civil judgments include:

1. Civil execution agencies at the provincial level (hereinafter referred to collectively as Provincial Civil Execution Agencies).

Provincial Civil Execution Agencies are subject to management and direction by the Ministry of Justice regarding organization, staff, funding, and operations; they are also subject to management and direction by the Provincial People's Committee pursuant to Clause 1 of Article 58 of the Ordinance on Civil Judgment Enforcement.

2. Civil execution agencies at the district level (hereinafter referred to collectively as District Civil Execution Agencies).

District Civil Execution Agencies are subordinate to and subject to management and direction by Provincial Civil Execution Agencies regarding funding and operations; they are also subject to management and direction by the District People's Committee pursuant to Clause 2 of Article 58 of the Ordinance on Civil Judgment Enforcement.

Provincial Civil Execution Agencies and District Civil Execution Agencies are collectively referred to as local enforcement agencies for civil judgments.

3. Civil execution agencies at the military region level and equivalent levels (hereinafter referred to collectively as Military Region Civil Execution Agencies).

Military Region Civil Execution Agencies are subject to management and direction by the Ministry of National Defense and the Commander of the Military Region pursuant to the law.

Staffing and operating funds of administrative bodies for enforcement and enforcement agencies for civil judgments

Article 4.1. Staffing and operating funds of the Civil Execution Agency under the Ministry of Justice and local enforcement agencies for civil judgments:

a) Staffing of the Civil Execution Agency under the Ministry of Justice and local enforcement agencies for civil judgments is determined by the Prime Minister based on the annual staffing plan for civil execution submitted by the Minister of Home Affairs.

The Minister of Justice determines the staffing quota for the Civil Execution Agency under the Ministry of Justice, Provincial Civil Execution Agencies, and sets staffing standards for District Civil Execution Agencies of each locality.

b) Operating funds of the Civil Execution Agency, local enforcement agencies for civil judgments are decided by the competent authority within the total staffing quota and the annual budget allocation for enforcement agencies for civil judgments.

The Minister of Justice decides on the allocation of operating funds and investment construction funds for the Civil Execution Agency under the Ministry of Justice and local enforcement agencies for civil judgments in accordance with the State Budget Law.

2. Staffing and operating funds of the Civil Execution Agency under the Ministry of National Defense and Military Region Civil Execution Agencies:

a) Staffing of the Civil Execution Agency under the Ministry of National Defense and Military Region Civil Execution Agencies is determined by the Minister of National Defense;

b) Operating funds of the Civil Execution Agency under the Ministry of National Defense and Military Region Civil Execution Agencies are decided by the competent authority within the annual budget allocation for enforcement agencies within the military.

The Minister of National Defense decides on the allocation of funds for the Civil Execution Agency under the Ministry of National Defense and Military Region Civil Execution Agencies in accordance with the State Budget Law.

Seals and bank accounts

Article 5.The Civil Execution Agency under the Ministry of Justice, the Civil Execution Agency under the Ministry of National Defense, local enforcement agencies for civil judgments, and Military Region Civil Execution Agencies have national seals, legal personality, and separate bank accounts.

FUNCTIONS, TASKS, POWERS AND

PART II

ORGANIZATION OF ADMINISTRATIVE BODIES FOR ENFORCEMENT OF CIVIL JUDGMENTS

ORGANIZATION OF THE CIVIL EXECUTION AGENCY

PART 1

ORGANIZATION OF ADMINISTRATIVE BODIES FOR ENFORCEMENT OF CIVIL JUDGMENTS

UNDER THE MINISTRY OF JUSTICE

 Functions, tasks, and powers of the Civil Execution Agency under the Ministry of Justice

Article 6.1. The Civil Execution Agency under the Ministry of Justice assists the Minister of Justice in performing state management functions over civil judgment enforcement nationwide, having the following general tasks and powers:

a) Assisting the Minister of Justice in drafting and promulgating legal normative documents on civil judgment enforcement within its authority or submitting them to competent authorities for promulgation;

b) Assisting the Minister of Justice in managing the organization and personnel of local enforcement agencies for civil judgments; advising the Minister of Justice or directing within its authority the uniform application of legal provisions in civil judgment enforcement activities;

c) Directing, guiding, and inspecting specialized professional work in civil judgment enforcement; providing professional training for Enforcement Officers and other civil servants of local enforcement agencies for civil judgments;

d) Resolving complaints about civil judgment enforcement within its jurisdiction as prescribed by the law on civil judgment enforcement; resolving accusations about civil judgment enforcement according to the Law on Complaints and Accusations.

2. Specific tasks and powers of the Civil Execution Agency are stipulated by the Minister of Justice.

 Organization and personnel of the Civil Execution Agency under the Ministry of Justice

Article 7.1. The Civil Execution Agency under the Ministry of Justice has Departments directly under it, which are decided by the Minister of Justice.

2. The Civil Execution Agency has a Director, Deputy Directors, Heads of Departments, Deputy Heads of Departments, Reviewers, Senior Reviewers, Senior Reviewers of High Rank in Execution, and other civil servants.

2. The Enforcement Agency of Civil Judgments has a Director, Deputy Director, Department Heads, Deputy Department Heads, Enforcement Officers, Senior Enforcement Officers, Senior-Level Enforcement Officers, and other civil servants.

3. The Minister of Justice shall manage the ranks of Inspector, Senior Inspector, and Chief Inspector under the Civil Enforcement Bureau.

4. The Minister of Interior shall issue standards for the ranks of Inspector, Senior Inspector, and Chief Inspector under the Civil Enforcement Bureau after coordinating with the Minister of Justice.

PART 2

FUNCTIONS, DUTIES, POWERS,

ORGANIZATION OF THE CIVIL ENFORCEMENT BUREAU UNDER THE MINISTRY OF NATIONAL DEFENSE

Article 8.Functions, duties, powers of the Civil Enforcement Bureau under the Ministry of National Defense

1. The Civil Enforcement Bureau under the Ministry of National Defense assists the Minister of National Defense in performing state management functions regarding civil enforcement in the military, having the following common tasks and powers:

a) Assisting the Minister of National Defense in drafting and promulgating legal normative documents on civil enforcement in the military within their authority or submitting them to competent authorities for promulgation; advising the Minister of National Defense to direct or direct within their authority the uniform application of legal provisions on civil enforcement in the military;

b) Directing, guiding, and professionally supervising civil enforcement work; training professional knowledge for Enforcement Officers and staff of Military Zone Enforcement Agencies; preparing files for the appointment, dismissal, and removal of Enforcement Officers of Military Zone Enforcement Agencies to be submitted to the Selection Board;

c) Coordinating with functional agencies of the Ministry of National Defense to manage the organization and personnel of Military Zone Enforcement Agencies; coordinating with the Civil Enforcement Bureau under the Ministry of Justice to assist the Minister of National Defense in coordinating with the Minister of Justice in state management of civil enforcement in the military;

d) Resolving complaints about civil enforcement within their authority according to the laws on civil enforcement; resolving accusations about civil enforcement according to the Law on Complaints and Accusations;

2. Specific tasks and powers of the Civil Enforcement Bureau under the Ministry of National Defense shall be prescribed by the Minister of National Defense.

3. The Minister of National Defense shall jointly with the Minister of Justice guide the specific cooperation between the Minister of National Defense and the Minister of Justice in state management of civil enforcement in the military.

Article 9.Organization and personnel of the Civil Enforcement Bureau under the Ministry of National Defense

1. The Civil Enforcement Bureau under the Ministry of National Defense has Departments directly under it, decided by the Minister of National Defense.

2. The Civil Enforcement Bureau under the Ministry of National Defense has a Director, Deputy Directors, Heads of Departments, Deputy Heads of Departments, Inspectors, Senior Inspectors, Chief Inspectors of civil enforcement, and other staff.

3. The Minister of National Defense shall coordinate with the Minister of Justice to manage the ranks of Inspectors of civil enforcement in the military.

4. The Minister of Interior shall issue standards for the ranks of Inspectors, Senior Inspectors, and Chief Inspectors of the Civil Enforcement Bureau under the Ministry of National Defense after coordinating with the Minister of Justice and the Minister of National Defense.

PART 3

TASKS AND POWERS OF LEGAL AUTHORITIES AT LOCAL LEVEL IN STATE MANAGEMENT

OF CIVIL ENFORCEMENT

Tasks and Powers of Provincial Legal Departments in State Management

Article 10.Tasks and Powers of the Department of Justice

1. Assist the People's Committee of the province in managing state affairs regarding civil enforcement at the local level in the following matters (as stipulated in Clause 1, Article 58 of the Civil Enforcement Ordinance):

a) Directing civil enforcement work, requiring civil enforcement agencies to report on civil enforcement work at the local level;

b) Directing the organization of forced execution of major and complex cases affecting local security and political situations upon the proposal of the Head of the Provincial Civil Enforcement Agency;

c) Directing the People's Committees of districts, civil enforcement agencies, and specialized agencies to cooperate with related associations on the local area in civil enforcement work;

d) Requiring civil enforcement agencies to organize inspections and audits; directing functional agencies to cooperate in inspecting and auditing civil enforcement work at the local level;

đ) Directing the resolution of complaints and accusations about civil enforcement at the local level according to the law;

e) Performing other tasks as prescribed by the People's Committee of the province.

2. Implement some tasks and powers delegated by the Minister of Justice in managing the organization and personnel of local civil enforcement agencies.

Article 11.Tasks and Powers of the Justice Office

The Justice Office assists the People's Committee of the district in managing state affairs regarding civil enforcement at the local level in the following matters (as stipulated in Clause 2, Article 58 of the Civil Enforcement Ordinance):

1. Directing civil enforcement work, requiring civil enforcement agencies to report on civil enforcement work at the local level.

2. Directing the organization of forced execution of major and complex cases affecting local security and political situations upon the proposal of the Head of the District Civil Enforcement Agency.

3. Directing the People's Committees of communes, civil enforcement agencies, and specialized agencies to cooperate with related associations on the local area in civil enforcement work.

4. Requiring civil enforcement agencies to organize inspections; directing functional agencies to cooperate in inspecting civil enforcement work at the local level.

5. Directing the resolution of complaints and accusations about civil enforcement at the local level according to the law.

6. Performing other tasks as prescribed by the People's Committee of the district.

CHAPTER III

TASKS, POWERS AND

ORGANIZATION OF THE CIVIL ENFORCEMENT AGENCY

PART 1

TASKS, POWERS AND

ORGANIZATION OF THE PROVINCIAL CIVIL ENFORCEMENT AGENCY

Article 12.TASKS AND POWERS OF THE PROVINCIAL CIVIL ENFORCEMENT AGENCY

1. Organizing the uniform application of legal provisions in civil enforcement activities at the local level.

2. Directing the activities of civil enforcement at the district level; providing guidance on civil enforcement procedures for Enforcement Officers and other civil servants of local civil enforcement agencies on the local area.

3. Directly organizing the enforcement of court judgments and decisions and other decisions as prescribed by law.

4. Completing procedural files, reporting to the Selection Board for the examination, selection, and recommendation for the appointment, dismissal, and removal of Enforcement Officers of local civil enforcement agencies.

5. Summarize the practical experience of civil enforcement, implement statistical systems, report on civil enforcement work, and follow the directives of the provincial People's Committee as stipulated in Articles 57 and 58 of the Civil Enforcement Decree, this Decree, and the guidelines of the Ministry of Justice.

6. Resolve complaints regarding civil enforcement within their jurisdiction as prescribed by laws on civil enforcement.

7. Manage staff, funds, material infrastructure, and operational means of local civil enforcement agencies in accordance with the law and the regulations of the Ministry of Justice.

8. Implement policies, systems, and commendation activities for civil enforcement work at the provincial level and directly subordinate county levels, and propose to competent authorities decisions on rewards and disciplinary actions for individuals and groups under the provincial and county-level civil enforcement agencies as prescribed by law and the Minister of Justice.

9. Perform other tasks as prescribed by law.

Article 13. Organization of Provincial Civil Enforcement Agency

1. The provincial civil enforcement agency has affiliated units.

The Minister of Justice shall lead and coordinate with the Minister of Home Affairs to guide the organizational structure of the provincial civil enforcement agency.

2. The provincial civil enforcement agency includes the Director of Civil Enforcement, Deputy Directors of Civil Enforcement, Enforcement Officers, Reviewers, Senior Reviewers, and other positions.

The heads of civil enforcement agencies at the provincial level are the Director of Civil Enforcement and Deputy Directors of Civil Enforcement at the provincial level.

3. The Minister of Justice manages the position of Reviewer and Senior Reviewer within the provincial civil enforcement agency.

4. The Minister of Home Affairs promulgates standards and positions of Reviewer and Senior Reviewer in the provincial civil enforcement agency after reaching consensus with the Minister of Justice.

PART 2

TASKS, POWERS AND

ORGANIZATION OF MILITARY ZONE ENFORCEMENT AGENCIES

Article 14. Duties and powers of Military Zone Enforcement Agencies

1. Assist the Commander of the Military Zone and equivalent positions in coordinating relevant agencies in enforcing judgments within the military zone area as stipulated in Clause 2 of Article 8 of the Civil Enforcement Ordinance.

2. Directly organize the enforcement of court judgments and decisions in accordance with the law.

3. Summarize practical enforcement experiences; implement statistical systems and report on enforcement work as prescribed by law and the Minister of Defense.

4. Resolve complaints about enforcement within their jurisdiction as prescribed by laws on civil enforcement.

5. Manage funds, material infrastructure, and operational means of the military zone enforcement agency in accordance with the law and the guidance of the Ministry of Defense.

6. Propose competent authorities to decide on rewards for individuals and groups within the military zone enforcement agency who have achieved notable results in enforcement activities.

7. Coordinate with functional agencies of the military zone to manage cadres within the military zone enforcement agency in accordance with the law and the regulations of the Minister of Defense.

8. Perform other tasks as prescribed by law.

Article 15. Organization of Military Zone Enforcement Agencies

1. The military zone enforcement agency includes the Director of Enforcement, Deputy Directors of Enforcement, Enforcement Officers, Reviewers, and other staff.

The heads and deputy heads of the military zone enforcement agency are the Director of Enforcement and Deputy Directors of Enforcement at the military zone level.

2. The specific organization of the military zone enforcement agency is regulated by the Minister of Defense.

PART 3

TASKS, POWERS AND

ORGANIZATION OF COUNTY CIVIL ENFORCEMENT AGENCIES

Article 16. Duties and powers of County Civil Enforcement Agencies

1. Directly organize the enforcement of court judgments and other decisions as prescribed by law.

2. Resolve complaints about enforcement as prescribed by laws on civil enforcement.

3. Summarize practical experiences in civil enforcement, implement statistical systems, report on civil enforcement work, and follow the directives of the county People's Committee as stipulated in Articles 57 and 58 of the Civil Enforcement Ordinance, this Decree, and the guidelines of the Ministry of Justice.

4. Manage cadres and civil servants of the county civil enforcement agency in accordance with the law and the guidance of the Ministry of Justice.

5. Implement financial systems, manage material infrastructure, and operational means assigned in accordance with the law and the guidance of the Ministry of Justice.

6. Conduct commendation activities within the unit and propose to competent authorities rewards for individuals and groups within the county civil enforcement agency who have achieved notable results in enforcement activities.

7. Perform other tasks as prescribed by law.

Article 17. Organization of County Civil Enforcement Agencies

1. The county civil enforcement agency includes the Director of Civil Enforcement, Deputy Directors of Civil Enforcement, Enforcement Officers, Reviewers, and other positions.

The heads and deputy heads of the county civil enforcement agency are the Director of Civil Enforcement and Deputy Directors of Civil Enforcement at the county level.

2. The Minister of Justice manages the position of Reviewer within the county civil enforcement agency.

3. The Minister of Home Affairs promulgates standards and positions of Reviewer in the county civil enforcement agency after reaching consensus with the Minister of Justice.

PART IV

ENFORCEMENT OFFICERS AND HEADS,

DEPUTY HEADS OF ENFORCEMENT AGENCIES

PART 1

ENFORCEMENT OFFICERS

Article 18. Rights and obligations of Enforcement Officers

Enforcement Officers perform their duties as stipulated in Article 14 of the Civil Enforcement Ordinance, and concurrently have the following rights and obligations:

1. Strictly comply with the Constitution and laws.

2. Bear responsibility before the law for performing assigned tasks and powers; actively and positively organize enforcement in accordance with the content of court judgments and decisions and the prescribed legal procedures.

3. When performing tasks and powers causing damage, the enforcement agency where the Enforcement Officer works must bear responsibility for compensation. If the Enforcement Officer caused damage due to fault, they must, depending on the specific circumstances, compensate the enforcement agency according to the law.

4. An enforcement officer has the obligation to refuse to perform the assigned tasks if there is evidence that such actions would be contrary to the law. If the head of the enforcement agency still decides to proceed, the enforcement officer must comply, but the head of the enforcement agency shall bear responsibility for their decision. In this case, the enforcement officer has the duty to report to the Chief Enforcement Officer of Civil Execution at the provincial level (for agencies at the district level), report to the Director of the Civil Execution Department under the Ministry of Justice (for agencies at the provincial level), report to the Director of the Execution Department under the Ministry of National Defense (for agencies at the military region level), and shall not be held responsible for the consequences of executing the decision.

Article 19.Matters Prohibited for Enforcement Officers

Enforcement officers shall not engage in the following activities:

1. Activities prohibited by law for civil servants and public officials.

2. Providing advice to the person subject to execution, the person required to execute, or other persons with rights and obligations related to the execution process that would result in the execution being inconsistent with the provisions of the law.

3. Illegally interfering in the resolution of execution cases or taking advantage of their influence to affect those responsible for execution.

4. Transferring execution files or documents within the files out of the agency unless it is for the assigned task or with the consent of the authorized person.

5. Misusing funds, assets, or evidence related to execution.

6. Executing matters related to their own or their family's direct rights and obligations and those of close relatives.

7. Using enforcement officer identification cards, uniforms, or auxiliary equipment in violation of the law.

8. Harassing or causing inconvenience to agencies, organizations, or individuals during the execution process.

Article 20.Procedures for Appointing, Dismissing, and Removing Enforcement Officers from Office

1. The appointment, dismissal, and removal of enforcement officers of civil execution agencies shall be decided by the Minister of Justice according to the provisions of the Civil Execution Decree and this Decree based on the recommendation of the Enforcement Officer Selection Board.

2. The Ministry of Justice shall provide detailed guidelines for the criteria to uniformly apply the standards for enforcement officers and other relevant matters concerning personnel preparation, conditions, and procedures for selecting and appointing, dismissing, and removing enforcement officers after reaching a consensus with the Ministry of National Defense and the Ministry of Interior.

Article 21.Enforcement Officer Selection Board

1. The Enforcement Officer Selection Board specified in Article 13 of the Civil Execution Decree includes:

a) The Enforcement Officer Selection Board of local civil execution agencies established at the provincial level;

b) The Enforcement Officer Selection Board of Military Region Execution Agencies.

2. The Enforcement Officer Selection Board operates under a collective decision-making system. Decisions of the Enforcement Officer Selection Board must be approved by more than half of the total number of members.

3. The Minister of Justice shall specify the regulations governing the operation of the Enforcement Officer Selection Board of local civil execution agencies and the Enforcement Officer Selection Board of Military Region Execution Agencies.

Article 22.Composition, Duties, and Powers of the Enforcement Officer Selection Board of Local Civil Execution Agencies

1. The composition of the Enforcement Officer Selection Board of local civil execution agencies includes:

a) The Chairman of the Board is the Chairman or Vice-Chairman of the Provincial People's Committee;

b) The Vice-Chairman of the Board is the Director of the Department of Justice;

c) Members include the Chief Enforcement Officer of Civil Execution at the provincial level, representatives of the leadership of the Department of Home Affairs, and permanent representatives of the Bar Association at the provincial level;

The list of members of the Enforcement Officer Selection Board of local civil execution agencies shall be decided by the Minister of Justice based on the proposal of the Chairman of the Provincial People's Committee.

2. The Enforcement Officer Selection Board of local civil execution agencies has the following duties and powers:

a) To select candidates meeting the requirements stipulated in Article 13 of the Civil Execution Decree to serve as provincial and district-level enforcement officers upon the recommendation of the Chief Enforcement Officer of Civil Execution at the provincial level and recommend the Minister of Justice to appoint enforcement officers;

b) To review and recommend the Minister of Justice to dismiss enforcement officers of local civil execution agencies in cases prescribed in Article 24 of this Decree and upon the recommendation of the Chief Enforcement Officer of Civil Execution at the provincial level;

c) To review and recommend the Minister of Justice to remove enforcement officers of local civil execution agencies from office in cases prescribed in Clause 2 of Article 25 of this Decree and upon the recommendation of the Chief Enforcement Officer of Civil Execution at the provincial level.

Article 23.Composition, Duties, and Powers of the Enforcement Officer Selection Board of Military Region Execution Agencies

1. The Enforcement Officer Selection Board of Military Region Execution Agencies includes:

a) The Chairman of the Board is a Deputy Minister of National Defense;

b) The Vice-Chairman of the Board is the Director of the Execution Department under the Ministry of National Defense;

c) Members include the Head of the Legal Affairs Department of the Ministry of National Defense, the Head of the Cadre Department of the General Political Department, the Director of the Civil Execution Department under the Ministry of Justice, and permanent representatives of the Vietnam Bar Association;

The list of members of the Enforcement Officer Selection Board of Military Region Execution Agencies shall be decided by the Minister of Justice based on the proposal of the Minister of National Defense.

2. The Enforcement Officer Selection Board of Military Region Execution Agencies has the following duties and powers:

a) To select candidates meeting the requirements stipulated in Article 13 of the Civil Execution Decree to serve as military region-level enforcement officers upon the recommendation of the Director of the Execution Department under the Ministry of National Defense and recommend the Minister of Justice to appoint enforcement officers;

b) To review and recommend the Minister of Justice to dismiss military region-level enforcement officers in cases prescribed in Article 24 of this Decree and upon the recommendation of the Director of the Execution Department under the Ministry of National Defense;

c) To review and recommend the Minister of Justice to remove military region-level enforcement officers from office in accordance with Clause 2 of Article 25 of this Decree and upon the recommendation of the Director of the Execution Department under the Ministry of National Defense.

Article 24.Grounds for Dismissal of Enforcement Officers

Dismissal from the position of Enforcement Officer shall occur under any of the following circumstances:

1. Due to family circumstances or health conditions, it is deemed that the person cannot ensure the completion of assigned tasks.

2. Due to transfer to another job.

3. Violation of discipline but not to the extent requiring application of disciplinary measures such as removal from office or forced resignation, but it is deemed that the person no longer meets the conditions to be an Enforcement Officer.

4. Weak capability or other cases where it is deemed that the Enforcement Officer cannot complete assigned tasks.

Article 25.Grounds for Removal from Office of Enforcement Officers

1. An Enforcement Officer shall be automatically removed from the position of Enforcement Officer under any of the following circumstances:

a) Forced resignation;

b) Being convicted by a court judgment or decision with legal effect declaring them guilty.

2. An Enforcement Officer may be removed from the position of Enforcement Officer under any of the following circumstances:

a) Violating laws during the execution of enforcement tasks without reaching the level of forced resignation or criminal prosecution, but it is deemed necessary to apply the disciplinary measure of removal from office;

b) Seriously violating provisions of Article 19 of this Decree;

c) Being disciplined with removal from management position according to the law on cadres and civil servants, but it is deemed that they no longer meet the conditions and standards to be an Enforcement Officer and it is necessary to remove them from the position of Enforcement Officer;

d) Seriously violating professional ethics;

đ) Committing other violations of the law.

Article 26.Reappointment of Enforcement Officers

1. The reappointment of Enforcement Officers appointed before July 1, 2004, is determined as follows:

a) Cases where individuals have served as Enforcement Officers for five years or more but do not fall under the circumstances stipulated in point b, Clause 1, Article of this Decree shall be considered for reappointment according to the Civil Execution Law and this Decree. The reappointment of these cases will be implemented from the date this Decree takes legal effect. In case of objective reasons, if the relevant authorities have not yet considered reappointment after the Decree takes legal effect, the Enforcement Officers will continue their previous duties until a new decision from the competent authority is made, but no later than June 30, 2005. From July 1, 2005, if the aforementioned cases are not reappointed according to the new regulations, they must switch to other tasks, except in truly special cases where the relevant authorities still cannot process the reappointment procedures and it is not due to the fault of the Enforcement Officer, then they can continue their previous duties with the consent of the Minister of Justice;

b) Cases where individuals have been appointed as Enforcement Officers for five years or more but do not meet the age requirement for another term, if they still have good health and meet the qualifications of their current position, they do not need to be considered for reappointment and can continue their current position until retirement age as prescribed.

2. Application of Enforcement Officer Standards when considering reappointment of Enforcement Officers under the circumstances stipulated in Clause 1 of this Article is as follows:

a) Individuals considered for reappointment to the position of Enforcement Officer must also meet the standards prescribed in Article 13 of the Civil Execution Law, but it is not necessarily required to have a certificate of training in enforcement operations;

b) For cases where, upon consideration for reappointment, they do not have a bachelor's degree in law, they can still be considered for appointment as an Enforcement Officer, but during the new term, they must study to obtain a bachelor's degree in law. From the next term onwards, those who do not have a bachelor's degree in law will be considered as not meeting the standards and will not be considered for selection and reappointment to the position of Enforcement Officer.

Article 27.Determining Enforcement Officer Standards in Certain Special Cases

1. For initial appointments to the position of Enforcement Officer, when considering for selection and appointment, the appointee must meet all the standards prescribed by the Civil Execution Law, except in cases where cadres and civil servants are transferred from other agencies to enforcement agencies to be appointed as Heads or Deputy Heads of enforcement agencies. In such cases, when considering for selection and appointment to the position of Enforcement Officer, it is not necessarily required to have a certificate of training in enforcement operations, but they must meet all other standards of Enforcement Officers as prescribed by the Civil Execution Law.

2. For individuals who have worked as Enforcement Officers at district-level civil enforcement agencies but have not reached five years, if they have ten years or more of legal work experience (including time as an Enforcement Officer) and meet other standards prescribed by the Civil Execution Law, they will be treated similarly to the case stipulated in paragraph two, Clause 3, Article 13 of the Civil Execution Law to consider for selection and appointment as Enforcement Officers at provincial-level civil enforcement agencies.

Article 28.Transfer and Detachment of Enforcement Officers

1. To ensure that local civil enforcement agencies fulfill their functions and responsibilities, the Minister of Justice decides to transfer or detach Enforcement Officers from local civil enforcement agencies from one province to another.

2. To ensure that military region enforcement agencies fulfill their functions and responsibilities, the Minister of Defense decides to transfer Enforcement Officers from one military region enforcement agency to another and notifies in writing the Minister of Justice.

3. The Minister of Justice specifies the details of transferring Enforcement Officers from district-level enforcement agencies within the provincial territory.

PART 2

HEADS AND DEPUTY HEADS OF ENFORCEMENT AGENCIES

Article 29.Duties and Authorities of Heads and Deputy Heads of Enforcement Agencies

1. The Head of an enforcement agency has specific duties and authorities as follows:

a) Implementing the duties and authorities prescribed in Article 16 of the Civil Execution Law and organizing the implementation of the tasks of their own enforcement agency as prescribed in Articles 12, 14, and 16 of this Decree;

b) Carry out enforcement tasks and organize enforcement in accordance with the provisions of the law;

c) Inspect, detect, promptly rectify and handle violations of Enforcement Officers within their management scope when performing assigned tasks, and resolve complaints regarding enforcement in accordance with the law on enforcement, and handle accusations regarding enforcement in accordance with the Law on Complaints and Accusations;

d) Perform other tasks and exercise other powers as prescribed by the law.

2. The Deputy Head of the enforcement agency shall perform certain tasks according to the division of labor by the Head of the enforcement agency and shall be responsible to the Head of the enforcement agency for the performance of the assigned tasks.

In cases where the Head of the enforcement agency is absent from work for an extended period or for other reasons and cannot perform their duties, or where there is no Head of the enforcement agency at the enforcement agency, a Deputy Head shall be designated to perform the duties of the Head of the enforcement agency.

Article 30. Procedures for appointing, dismissing, and removing the Head and Deputy Head of the enforcement agency

1. The appointment, dismissal, and removal of the Heads and Deputy Heads of local civil enforcement agencies shall be carried out in accordance with the provisions of the Ordinance on Civil Enforcement and the following provisions:

a) The appointment, dismissal, and removal of the Heads and Deputy Heads of provincial civil enforcement agencies shall be decided by the Minister of Justice upon the proposal of the Director of the Civil Enforcement Agency under the Ministry of Justice.

The Director of the Department of Justice shall cooperate with the Director of the Civil Enforcement Agency under the Ministry of Justice in submitting proposals to the Minister of Justice for decisions on the appointment, dismissal, and removal of the Heads and Deputy Heads of provincial civil enforcement agencies. The dossier for the appointment, dismissal, and removal of the Heads and Deputy Heads of provincial civil enforcement agencies must include the written opinion of the Chairman of the Provincial People's Committee;

b) The appointment, dismissal, and removal of the Heads of county-level civil enforcement agencies shall be decided by the Minister of Justice upon the proposal of the Director of the Department of Justice.

The Head of the provincial civil enforcement agency shall propose candidates, complete the dossier, and submit it to the Director of the Department of Justice for a proposal to the Minister of Justice for the appointment, dismissal, and removal of the Heads of county-level civil enforcement agencies. The dossier for the appointment, dismissal, and removal of the Heads of county-level civil enforcement agencies must include the written opinion of the Chairman of the County People's Committee;

c) The authority to appoint, dismiss, and remove Deputy Heads of county-level civil enforcement agencies shall be determined by the Minister of Justice. The dossier for the appointment, dismissal, and removal of Deputy Heads of county-level civil enforcement agencies must include the written opinion of the Chairman of the County People's Committee.

2. The appointment, dismissal, and removal of the Heads and Deputy Heads of military region enforcement agencies shall be decided by the Minister of National Defense upon the proposal of the Director of the Enforcement Agency under the Ministry of National Defense;

The Minister of National Defense shall specify the procedures for the appointment, dismissal, and removal of the Heads and Deputy Heads of military region enforcement agencies.

Article 31. Term of office for the Head and Deputy Head of the civil enforcement agency

1. The Head and Deputy Head of the civil enforcement agency appointed for a term shall serve for five years.

2. From the date this Decree takes effect, those who have held the positions of Head and Deputy Head of the civil enforcement agency for five years or more shall be reviewed for reappointment.

3. For cases where, although they fall under the category specified in Clause 2 of this Article, the remaining working time is less than five years and they will retire according to the retirement system, they need not be reappointed but may retain their previous position if they still meet the conditions to continue holding that position.

4. The Minister of Justice shall specify the procedures for reappointment of the Heads and Deputy Heads of local civil enforcement agencies.

CHAPTER V

REGIME FOR ENFORCEMENT OFFICERS,

CIVIL SERVANTS ENGAGED IN ENFORCEMENT WORK

Article 32. Enforcement Officer Card

1. The Enforcement Officer Card of local civil enforcement agencies and military region enforcement agencies shall be issued by the Minister of Justice.

2. Enforcement Officers shall be issued cards for use while performing their duties; when changing positions, they shall exchange for new cards appropriate to their new positions; when ceasing to hold their positions, they shall return the cards; if they are disciplined with the penalty of removal from the position of Enforcement Officer or forced to leave their job, their cards shall be confiscated; if an Enforcement Officer loses their card, they must immediately report to the nearest police station and inform the enforcement agency where they work.

3. The format of the card, issuance, replacement, and confiscation procedures for Enforcement Officer Cards shall be specified by the Minister of Justice.

Article 33. Support tools for enforcement

Enforcement Officers shall be provided with support tools for use during official duties. The Minister of Justice shall coordinate with the Minister of Public Security to stipulate the procedures for providing and equipping support tools for Enforcement Officers. The management and use of support tools shall be carried out in accordance with the provisions of the law.

Article 34.Wages and allowances for Enforcement Officers and civil servants engaged in enforcement work

1. Enforcement Officers and civil servants engaged in enforcement work shall be entitled to salary scales and allowances as prescribed by the Government. The specific amount of allowance for Enforcement Officers and Enforcement Case Reviewers shall be decided by the Prime Minister.

2. Enforcement Case Reviewers, Senior Enforcement Case Reviewers, and Senior Enforcement Case Reviewers at enforcement agencies specified in Articles 7, 13, and 17 of this Decree shall be assigned salaries according to Group A1, A2 (Group 1), and A3 (Group 1) of the Salary Scale for Professional Staff of State Agencies issued together with Decision No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the remuneration system for cadres, civil servants, public officials, and armed forces.

Article 35.Badge for Enforcement Officers and civil servants engaged in enforcement work

1. Enforcement Officers and civil servants engaged in enforcement work at local enforcement agencies and civil servants of the Civil Enforcement Department under the Ministry of Justice shall be provided badges to serve their duties.

2. Badges shall be attached to the shoulder straps of uniforms:

a) Badges attached to the shoulder straps of civil servants of the Civil Enforcement Department shall be indicated by yellow stripes and a yellow star-shaped block. Around the badge is a red boocdo border with two raised yellow stripes on a dark blue background. The badge of the Head of a specialized department of the Civil Enforcement Department has three yellow stars placed in a certain position, with two stars lying horizontally near the end of the badge and one star vertically along the badge; the badge of the Deputy Head of a specialized department of the Civil Enforcement Department has two yellow stars placed in a certain position on a background of two vertical yellow stripes; the badge of other civil servants of the Civil Enforcement Department includes one yellow star placed centrally on a background of two vertical yellow stripes; the badge of the Director of the Civil Enforcement Department under the Ministry of Justice has four yellow stars placed in a certain position vertically along the badge without stripes; the badge of the Deputy Director of the Civil Enforcement Department under the Ministry of Justice has three yellow stars placed in a certain position vertically along the badge without stripes;

b) Badges attached to the shoulder straps of civil servants of provincial-level Civil Enforcement Departments shall be indicated by silver stripes and a silver star-shaped block. Around the badge is a red boocdo border with two raised silver vertical stripes on a dark blue background. The badge of the Head of a provincial-level Civil Enforcement Department has four silver stars placed in a certain position on a background of two raised silver vertical stripes, with two stars lying horizontally near the end of the badge and two stars vertically along the badge; the badge of the Deputy Head of a provincial-level Civil Enforcement Department has three silver stars placed in a certain position on a background of two raised silver vertical stripes, with two stars lying horizontally near the end of the badge and one star vertically along the badge; the badge of an Enforcement Officer of a provincial-level Civil Enforcement Department has two silver stars placed in a certain position on a background of two raised silver vertical stripes; the badge of other civil servants of a provincial-level Civil Enforcement Department has one silver star placed centrally on a background of a silver stripe;

c) Badges attached to the shoulder straps of civil servants of district-level Civil Enforcement Departments shall be indicated by silver stripes and a silver star-shaped block. Around the badge is a red boocdo border with one raised silver vertical stripe on a dark blue background. The badge of the Head of a district-level Civil Enforcement Department has four silver stars placed in a certain position on a background of one raised silver vertical stripe, with two stars lying horizontally near the end of the badge and two stars vertically along the badge; the badge of the Deputy Head of a district-level Civil Enforcement Department has three silver stars placed in a certain position on a background of one raised silver vertical stripe, with two stars lying horizontally near the end of the badge and one star vertically along the badge; the badge of an Enforcement Officer of a district-level Civil Enforcement Department has two silver stars placed in a certain position on a background of one raised silver vertical stripe; the badge of other civil servants of a district-level Civil Enforcement Department has one silver star placed centrally on a background of a silver stripe.

3. All civil servants of the Civil Enforcement Department under the Ministry of Justice and local civil enforcement agencies shall have pine branches on their lapel badges.

4. All positions within the Civil Enforcement Department under the Ministry of Justice and local civil enforcement agencies shall have circular metal badges on their hats, with a five-pointed gold star prominently displayed at the center of the circle. Below the badge, the word "THI HÀNH ÁN" in red is curved to follow the shape of the badge, combined with pine leaves forming a curved pattern around the badge.

Article 36.Uniforms for Enforcement Officers and Civil Servants Engaged in Enforcement Work

1. Enforcement officers and civil servants engaged in enforcement work at local enforcement agencies, and civil servants of the Department of Civil Enforcement under the Ministry of Justice shall be provided with uniforms to perform their duties.

2. The types of uniforms provided for civil servants engaged in enforcement work as stipulated in Clause 1 of this Article include: autumn-winter outerwear; winter overcoat; spring-summer outerwear; long-sleeved shirt; leather shoes; leather belt; leather sandals; socks; tie; raincoat; kepi hat; enforcement helmet; leather bag for documents.

3. The Minister of Justice shall prescribe the models, colors, and principles for using the uniforms of Enforcement Officers and civil servants of local enforcement agencies, and the Department of Civil Enforcement under the Ministry of Justice, to be uniformly applied throughout the country.

4. Enforcement officers and other staff members of military region enforcement agencies, and the Department of Enforcement under the Ministry of National Defense shall be provided with uniforms according to the provisions of Clause 2 of this Article. The principles for using the uniforms of Enforcement Officers and other staff members of military region enforcement agencies, and the Department of Enforcement under the Ministry of National Defense shall be prescribed by the Minister of National Defense.

Article 37.Term of Service, Issuance, and Use of Uniforms and Badges

1. Term of Service for Uniforms:

a) Autumn-winter outerwear lasts three years per set;

b) Winter overcoat lasts three years per piece;

c) Spring-summer outerwear lasts two years per two sets;

d) Long-sleeved shirt lasts one year per piece;

đ) Leather shoes last one year per pair;

e) Leather belt lasts one year per piece;

g) Leather sandals last one year per pair;

h) Socks last one year per two pairs;

i) Tie lasts two years per two pieces;

k) Raincoat lasts one year per piece;

l) Kepi hat lasts two years per piece;

m) Enforcement helmet lasts two years per piece;

n) Leather bag for documents lasts three years per piece.

2. Issuance and Use of Uniforms:

a) Enforcement officers and civil servants engaged in enforcement work shall be issued uniforms according to the term of service specified in Clause 1 of this Article. For autumn-winter outerwear and spring-summer outerwear, two sets will be issued initially; for long-sleeved shirts, two pieces will be issued initially;

b) In cases where uniforms are lost or damaged for valid reasons, they may be replaced or exchanged.

3. Enforcement officers and civil servants shall be issued badges for use during a three-year term. At the end of the term, the badges must be returned before new ones are issued. If badges are lost or damaged, they may be replaced or exchanged. When transferring to another position, Enforcement Officers and civil servants are responsible for returning their badges to the enforcement agency where they are employed.

Chapter VI

IMPLEMENTING PROVISIONS

Article 38. Effective Date

This Decree takes effect fifteen days from the date of publication in the Official Gazette and replaces Government Decree No. 30/CP dated June 2, 1993 on the organization, tasks, and powers of management agencies for enforcement work, enforcement agencies, and Enforcement Officers, and other relevant regulations that conflict with this Decree.

Article 39.Responsibility for Implementation

1. The Minister of Justice is responsible for guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.