Circular No. 50/2017/TT-BQP stipulates the functions, duties, powers, and working relationships of the Department of Enforcement under the Ministry of National Defense and the Enforcement Office at Military Region level.

CIRCULAR

Regulations on the functions, tasks, powers, and working relationships of the Department of Civil Enforcement under the Ministry of National Defense and the Civil Enforcement Office at the Military Region Level

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On the basis of Civil Enforcement Law November 14, 2008, Law Amending and Supplementing Certain Provisions of the Civil Enforcement Law November 25, 2014;

Decree No. Decision No. 62/2015/NĐ-CP July 18, 2015 of the Government detailing and guiding the implementation of certain provisions of the Civil Enforcement Law;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Chief of General Staff;

The Minister of National Defense issues this Circular to regulate the functions, tasks, powers, and working relationships of the Department of Civil Enforcement under the Ministry of National Defense and the Civil Enforcement Office at the Military Region Level.

Article 1. Position and Functions

1. Department of Civil Enforcement under the Ministry of National Defense

a) Position: An agency under the Ministry of National Defense, an agency managing civil enforcement within the military.

b) Function: To advise the Central Military Commission, assist the Minister of National Defense in coordinating with the Minister of Justice in state management of enforcement work and implement specialized management of civil enforcement within the military as prescribed by law.

2. Civil Enforcement Office at the Military Region Level and equivalent (hereinafter referred to collectively as the Civil Enforcement Office at the Military Region Level)

a) Position: An agency under the Military Region and equivalent, an agency enforcing civil enforcement within the military.

b) Function: To advise the Party Committee, Commander of the Military Region and equivalent on civil enforcement work in their respective areas; organize civil enforcement activities according to the law.

Article 2. Tasks and Powers of the Department of Civil Enforcement under the Ministry of National Defense

1. Assist the Minister of National Defense in advising:

a) Coordinating with the Minister of Justice to submit normative legal documents to the Government and the Prime Minister according to the annual legislative program of the Ministry that has been approved; proposals, projects, reports on civil enforcement work within the military;

b) Proposing the Minister of Justice to appoint, reappoint, and remove Enforcement Officers and Reviewers of civil enforcement within the military;

c) Issuing circulars, decisions, directives on civil enforcement and personnel work; proposing organizational restructuring and staffing for management agencies and civil enforcement agencies within the military.

2. Issuing guidance documents within its authority, individual documents, internal normative documents according to the law. Dispatching officials to participate in the examination for Enforcement Officer positions. Appointing and removing Secretaries of civil enforcement within the military.

3. Implementing legal documents, national strategies, programs, plans, projects, and proposals on civil enforcement within the military after they have been approved and issued. Researching and applying scientific and technological advancements and information technology to civil enforcement work; conducting statistics, information gathering, and building databases on civil enforcement within the military.

4. Organizing inspections of procedures, processes, and application of laws in civil enforcement activities; inspecting statistical systems, reporting, revenue and expenditure of money and assets, and other activities related to civil enforcement work. Auditing budget usage, implementing policies and staff allocation and utilization according to the law.

5. Resolving complaints and denunciations regarding civil enforcement within its jurisdiction as prescribed by law. Implementing anti-corruption measures in civil enforcement activities according to the law and the Ministry of National Defense.

6. Managing, delegating, guiding, and inspecting the preparation of budgets, expenditures, settlement, and final accounts for business expenses; ensuring, monitoring, managing, and utilizing technical facilities, equipment, and means for civil enforcement activities within the military. Managing, regulating, and utilizing civil enforcement fees according to the law.

7. Cooperating with functional agencies in managing, training, and professional development; organizing competitions, commendations, disciplinary actions, and implementing policies for personnel in the civil enforcement sector within the military.

8. Summarizing practical experiences in civil enforcement work. Implementing administrative and judicial reforms according to goals and programs decided and approved by competent authorities. Implementing state compensation work in civil enforcement activities. Promoting education, mobilizing organizations and individuals to strictly comply with the law.

9. Implementing plans, programs, projects, and evaluating results of international cooperation in civil enforcement according to the law and the Ministry of National Defense.

10. Building a comprehensive strong agency and performing other tasks and powers assigned by the Minister of National Defense or competent authorities.

Article 3. The working relationship of the Execution Office under the Ministry of National Defense

1. With the Central Military Commission, the Minister of National Defense has a relationship of obedience to leadership, guidance, and command.

2. With the General Staff of the Vietnam People's Army, it has a relationship of obedience to command and administrative military guidance.

3. With the Party Committee of the General Staff - the Ministry of National Defense's agency, it has a relationship of obedience to leadership and guidance on party work and political work.

4. With agencies under the Ministry of National Defense, it has a relationship of being subject to professional guidance and coordination with these agencies in carrying out tasks according to their functions and responsibilities.

5. With the Ministry of Justice, it has a relationship of being guided and directed in implementing civil enforcement laws.

6. With the Civil Enforcement General Office and functional agencies of the Ministry of Justice, it has a relationship of cooperation and coordination to assist the Minister of National Defense in coordinating with the Minister of Justice in managing civil enforcement in the military.

7. With the Party Committee, Commander of Military Region and equivalent, it has a relationship of cooperation for management and professional guidance on civil enforcement work according to legal provisions and unified personnel work of the Civil Enforcement Service according to regulations of the Central Military Commission and the Ministry of National Defense.

8. With the Civil Enforcement Office at the Military Region level, it has a relationship of management, direction, guidance, inspection on professional matters, auditing budget usage, implementing policies, and arranging staff for civil enforcement work.

Article 4. Tasks and Authorities of the Civil Enforcement Office at the Military Region Level

1. Directly organize the execution of judgments and decisions within its jurisdiction as prescribed by law.

2. Resolve complaints and denunciations regarding civil enforcement within its jurisdiction as prescribed by law.

3. Prepare files to request exemption or reduction of civil enforcement obligations; coordinate with criminal enforcement agencies in the military in preparing files to request exemption or reduction of prison terms, conditional early release, and amnesty for persons serving sentences who have civil enforcement obligations.

4. Assist the Military Region Commander and equivalent in performing tasks and authorities: Managing civil enforcement activities; directing the organization of coordination with related agencies in enforcing large, complex cases that affect political security and social order in the Military Region and equivalent areas as prescribed by law.

5. Coordinate with functional agencies of the Military Region and equivalent in managing staff, facilities, funds, and means of operation of the Civil Enforcement Office at the Military Region level according to guidelines and directions from the Execution Office under the Ministry of National Defense.

6. Conduct scientific research and summarize practical experiences in civil enforcement work; implement statistical and reporting systems for organizational and operational activities in civil enforcement according to legal provisions and guidelines from the Execution Office under the Ministry of National Defense; report to the Court on the results of judgment and decision enforcement when requested.

7. Build a comprehensive strong agency and perform other tasks and authorities assigned by the Military Region Commander and equivalent or competent authority.

Article 5. The working relationship of the Enforcement Office at the Military Zone Command

1. With the Party Committee, the Commander of the Military Zone and equivalent entities, it is a relationship of obedience to leadership, guidance, and command.

2. With the Chief of Staff of the Military Zone and equivalent entities, it is a relationship of obedience to command and guidance on administrative military matters.

3. With the Party Committee of the General Staff of the Military Zone and equivalent entities, it is a relationship of obedience to leadership and guidance on party work and political work.

4. With the Department of Enforcement under the Ministry of National Defense, it is a relationship of being managed, directed, guided, and inspected in terms of professional expertise; inspecting the use of budget, implementation of policies and regulations, and allocation and utilization of enforcement officers.

5. With the agencies of the Military Zone and equivalent entities, it is a relationship of being directed and guided in terms of professional expertise and coordination and cooperation to carry out tasks according to the functions and responsibilities of related agencies.

6. With relevant agencies, units, and localities, it is a relationship of coordination and cooperation to carry out civil enforcement tasks as prescribed by law.

Article 6. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from April 25, 2017.

2. Abolish Clause 2, 3, and 4 of Article 1 and Article 2 of Circular No. 103/2010/TT-BQP dated August 2, 2010 of the Minister of National Defense on the name, position, functions, tasks, powers, and organizational structure of the civil enforcement agency in the Military, and Article 2 of Decision No. 93/2005/QĐ-BQP dated July 7, 2005 of the Minister of National Defense on the establishment of the Department of Enforcement under the Ministry of National Defense.

3. The Deputy Chief of General Staff, the Director of the Political General Department, the Commander of the Military Zone, the Commander of the Navy, the Director of the Department of Enforcement under the Ministry of National Defense, the Heads of agencies and units, and individuals concerned are responsible for implementing this Circular./.