Decision No. 61/2014/QĐ-TTg on the functions, tasks, powers, and organizational structure of the Civil Enforcement General Department under the Ministry of Justice

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

ofThe Enforcement Agency of Civil Judgments General Department under the Ministry of Justice

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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 Law on Enforcement of Civil Judgments regarding agencies managing enforcement of civil judgments, enforcement agencies, and civil judgment enforcement officials;

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.

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

1. The Enforcement Agency of Civil Judgments General Department is an agency directly under the Ministry of Justice, performing the function of advising and assisting the Minister of Justice in state management of civil judgment enforcement and administrative judgment enforcement nationwide; implementing specialized management of civil judgment enforcement and administrative judgment enforcement in accordance with 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, resolutions of the Government; draft decisions, directives of the Prime Minister; draft circulars, decisions of the Minister of Justice and other documents concerning civil judgment enforcement, administrative judgment 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. Directing, inspecting, and organizing the implementation of normative legal documents, strategies, plans, programs, projects, and drafts concerning civil judgment enforcement, administrative judgment enforcement management after approval and issuance.

Implementing the work of reviewing, systematizing, and inspecting the enforcement of normative legal documents on civil judgment enforcement, administrative judgment enforcement; promoting, disseminating, and educating the law on civil judgment enforcement, administrative judgment 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 according to the authority granted or recommending higher authorities to process in accordance with the law for violations of civil judgment enforcement law, administrative judgment enforcement management, urging administrative judgment enforcement; preventing and combating corruption, negative practices, and practicing thrift and opposing waste in civil judgment enforcement, administrative judgment enforcement management, and urging administrative judgment enforcement in accordance with 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.

9. Monitoring the implementation of objections and suggestions of the People's Procuracy related to civil judgment enforcement activities, urging administrative judgment enforcement. Responding to objections and suggestions of the People's Procuracy in accordance with the law.

10. Implementing plans, programs, projects, and cooperation initiatives with international organizations on civil judgment enforcement and administrative judgment enforcement in accordance with the law and the division of authority by the Minister of Justice; evaluating the results of international cooperation in civil judgment enforcement and administrative judgment 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. Managing organizational structures, job positions, civil servant quotas, and the number of staff working in units under the Enforcement Agency of Civil Judgments General Department; implementing salary systems and incentive policies; appointing, reappointing, transferring, demoting, dismissing, retiring, resigning, secondment; rewarding and disciplining; training and professional development for civil servants and employees under the jurisdiction of the Enforcement Agency of Civil Judgments General Department in accordance with the law and the division of authority by 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. Organizing and managing the competition and reward system of civil judgment enforcement agencies, other organizations, and individuals who have outstanding achievements in civil judgment enforcement, administrative judgment enforcement management, and urging administrative judgment enforcement in accordance with the law and the division of authority by 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 Department of Management and Direction of Execution of Bankruptcy Judgments and Decisions; Civil Parts, Money, Assets, and Evidence in Criminal Judgments and Decisions and Competition Dispute Resolution Decisions Related to Property (referred to as Department of Business Operations 2);

c) The Department of Administrative Judgment Enforcement Management (referred to as Department of Business Operations 3);

d) The Complaints and Petitions Resolution Division;

e) Organization and Cadre Department;

e) The Planning and Finance Division;

g) The Office;

h) The Center for Statistics, Data Management, and Information Technology Application.

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) The Director of the General Department and not more than three Deputy Directors;

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

c) Staff members.

The Director of the Enforcement Agency of Civil Judgments General Department shall stipulate the tasks, powers, civil servant structure, and organization of the bodies assisting the Director; appointing, dismissing, removing from office, demoting leaders and managers of units under their management in accordance with the division of authority by the Minister of Justice and the 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 of the Enforcement Agency of Civil Judgments General Department is responsible before the Minister of Justice and the law for all activities of the General Department. The Deputy Director is responsible before the Director and the law for the area assigned to manage.

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

1. The Provincial Civil Judgment Enforcement Agency is an agency directly under the Enforcement Agency of Civil Judgments General Department, performing the function of enforcing civil judgments and administrative judgments, assisting the Director of the Enforcement Agency of Civil Judgments General Department in managing some aspects of organizational and personnel work of local civil judgment enforcement agencies, and performing other tasks and powers as prescribed by law.

2. The Provincial Civil Judgment Enforcement Agency has specialized departments and equivalent organizations under it.

3. The Provincial Civil Judgment Enforcement Agency has a Director concurrently serving as the Head of the Civil Judgment Enforcement Agency; a Deputy Director concurrently serving as the Deputy Head of the Civil Judgment Enforcement Agency; Junior Enforcement Officers; Intermediate Enforcement Officers; Senior Enforcement Officers; Enforcement Reviewers; Chief Enforcement Reviewers; Senior Enforcement Reviewers (if any); Enforcement Secretaries and other civil servants.

4. The Director of the Provincial Civil Judgment Enforcement Agency is responsible before the Director of the Enforcement Agency of Civil Judgments General Department and the law for all activities of the Provincial Civil Judgment Enforcement Agency. The Deputy Director of the Provincial Civil Judgment Enforcement Agency is responsible before the Director of the Provincial Civil Judgment Enforcement Agency and the law for the work area assigned to manage.

5. The Provincial Civil Judgment Enforcement Agency is subject to the direction of the People's Committee of the province in accordance with Article 173 of the Law on Enforcement of Civil Judgments, and is responsible for reporting to the People's Committee at the same level about policies and measures to strengthen civil judgment enforcement work, administrative judgment enforcement management work in the locality, and implementing reports on civil judgment enforcement work, administrative judgment enforcement management work before the People's Council at the same level in accordance with the law.

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

1. The Enforcement Office of Civil Judgments at the district level is an agency subordinate to the Enforcement Office of Civil Judgments at the provincial level, performing the function of enforcing civil judgments, urging the enforcement of administrative judgments, and carrying out other tasks and powers as prescribed by law.

2. The Enforcement Office of Civil Judgments at the district level has a Director who concurrently serves as the Head of the Enforcement Office, a Deputy Director who concurrently serves as the Deputy Head of the Enforcement Office, primary enforcement officers, intermediate enforcement officers, enforcement case reviewers, enforcement secretaries, and other civil servants.

3. The Director of the Enforcement Office of Civil Judgments at the district level is responsible before the Director of the Enforcement Office of Civil Judgments at the provincial level and before the law for all activities of the Enforcement Office of Civil Judgments at the district level. The Deputy Director of the Enforcement Office of Civil Judgments at the district level is responsible before the Director of the Enforcement Office of Civil Judgments at the district level and before the law for the areas of work assigned to manage.

4. The Enforcement Office of Civil Judgments at the district level is subject to the direction of the People's Committee at the district level pursuant to Article 174 of the Civil Judgment Enforcement Law, and is responsible for reporting to the same-level People's Committee on policies and measures to strengthen civil judgment enforcement work and urging the enforcement of administrative judgments within its jurisdiction, and implementing reports on civil judgment enforcement work and urging the enforcement of administrative judgments before the same-level People's Council in accordance with the law.

Article 7. Effective Date

This Decision takes effect from December 15, 2014.

Article 8. Responsibility for Implementation

The Minister of Justice, the Ministers, the Heads of ministerial-level agencies, the Heads of government-affiliated agencies, the Chairpersons of the People's Committees of provinces and centrally governed cities, the Director of the General Department of Civil Judgment Enforcement, relevant agencies, organizations, and individuals are responsible for implementing this Decision./.