DECREE NO. 74/2009/ND-CP DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CIVIL EXECUTION LAW ON THE ORGANIZATIONS MANAGING AND CARRYING OUT CIVIL EXECUTIONS, CIVIL EXECUTION BODIES, AND CIVIL EXECUTION OFFICERS

DECREE

||| Regulations detailing and guiding the implementation of certain provisions of||| the Civil Execution Law

||| concerning civil execution management agencies, civil execution agencies, and civil servants engaged in civil execution work|||

|||

____________________

 

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Justice.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

||| This Decree regulates in detail and guides the implementation of certain provisions of the Civil Execution Law, including:

||| 1. The organizational system of civil execution management agencies and civil execution agencies;

||| 2. Junior Enforcement Officers, Intermediate Enforcement Officers, Senior Enforcement Officers (hereinafter collectively referred to as Enforcement Officers); Execution Case Reviewers, Chief Execution Case Reviewers, Senior Execution Case Reviewers (hereinafter collectively referred to as Execution Case Reviewers); Heads, Deputy Heads of civil execution agencies;

||| Matters related to the appointment from the ranks of County-level Enforcement Officer, Provincial-level Enforcement Officer, Military Zone Enforcement Officer to the ranks of Junior Enforcement Officer, Intermediate Enforcement Officer, and Senior Enforcement Officer.

||| 3. Recruitment and appointment of Enforcement Officers without examination.

||| 4. Identity cards, support tools, uniforms, insignia, and treatment for Enforcement Officers, Execution Case Reviewers, and civil servants engaged in civil execution work.

||| Article 2. System of civil execution organizations

||| The system of civil execution organizations (excluding the system of civil execution organizations within the military as stipulated in Article 8 of this Decree) is organized and managed centrally and uniformly, comprising:

||| 1. At the central level: The Central Office of Civil Execution is a civil execution management agency under the Ministry of Justice;

||| 2. At the provincial level: The Provincial Civil Execution Office (hereinafter collectively referred to as the Provincial Civil Execution Office) is a civil execution agency under the Central Office of Civil Execution;

||| 3. At the district level: The District Civil Execution Office (hereinafter collectively referred to as the District Civil Execution Office) is a civil execution agency under the Provincial Civil Execution Office.

||| The Provincial Civil Execution Office and the District Civil Execution Office are collectively referred to as local civil execution agencies.

||| The Central Office of Civil Execution and local civil execution agencies have legal personality, seals with the National Emblem, separate offices, and independent bank accounts.

||| Article 3. Position and functions of the Central Office of Civil Execution  

||| The Central Office of Civil Execution is an agency under the Ministry of Justice, responsible for advising and assisting the Minister of Justice in managing state affairs regarding civil execution throughout the country; implementing specialized management over civil execution according to the law.

||| Article 4. Tasks and powers of the Central Office of Civil Execution

||| 1. Submitting to the Minister of Justice for consideration and decision by the Government, Prime Minister:

||| a) Draft laws, ordinances, draft resolutions of the National Assembly, Standing Committee of the National Assembly; draft resolutions, decrees of the Government on civil execution;

||| b) Strategies, national programs, projects, plans for long-term, five-year, annual periods, draft decisions, directives of the Prime Minister, draft reports to the National Assembly, reports to the Government on civil execution.

||| 2. Submitting to the Minister of Justice for decision or issuance:

||| a) Circulars, decisions, directives on civil execution;

||| b) Establishment, dissolution of local civil execution agencies;

||| c) Appointment, reappointment, dismissal, resignation, removal of Deputy Directors of the Central Office of Civil Execution, Department Heads and equivalents, Deputy Department Heads and equivalents under the Central Office of Civil Execution, Heads, Deputy Heads of local civil execution agencies; appointment, dismissal of Enforcement Officers, Execution Case Reviewers;

||| d) Regulations on procedures, formalities, standards, quotas, forms, documents on civil execution;

||| e) Regulations on statistics and reporting on civil execution.

||| 3. Implementing legal documents, national strategies, programs, plans, projects on civil execution after approval and issuance.

||| 4. Issuing according to its authority guiding documents, instructions on professional matters concerning civil execution, individual documents, internal regulations according to the law.

5. Organizing inspections:

||| a) Implementation of procedures, formalities, and application of laws in civil execution activities;

||| b) Statistical systems and reporting on civil execution;

||| c) Collection and expenditure of money, transfer and receipt of assets in civil execution; collection and payment of fees, charges, and costs of coercive enforcement of civil execution;

||| d) Other activities related to civil execution work as prescribed by law.

||| 6. Resolving complaints about civil execution within its jurisdiction as prescribed by law on civil execution.

||| 7. Monitoring the implementation of laws in the field of civil execution.

||| 8. Implementing anti-corruption measures in the civil execution agency system as prescribed by law and according to the delegation of the Minister of Justice.

||| 9. Implementing plans, programs, projects, cooperation initiatives on civil execution internationally as prescribed by law and assigned by the Minister of Justice; evaluating results of international cooperation in civil execution work.

||| 10. Promoting education, mobilizing organizations and individuals to strictly comply with civil judgments and decisions of courts that are legally effective.

||| 11. Cooperating with relevant agencies to conduct inspections on civil execution and handle non-compliance with court orders as prescribed by law.

||| 12. Assisting the Minister of Justice in coordinating with the Minister of Defense in managing state affairs regarding civil execution in the military.

||| 13. Researching, managing, applying scientific progress, information technology, and modernizing infrastructure and equipment in the operations of civil execution agencies.

||| 14. Statistics and building databases on civil execution.

||| 15. Managing organization, staffing, cadres, civil servants of civil execution agencies according to the law and delegated by the Minister of Justice.

||| 16. Deciding on the establishment, restructuring, dissolution of specialized departments under the Provincial Civil Execution Office; deciding on the appointment, reappointment, dismissal, resignation, removal of Heads, Deputy Heads of specialized departments under the Provincial Civil Execution Office.

17. Appointing, reappointing, relieving from duty, accepting resignation, and removing from office for certain positions, and appointing, upgrading, and transferring grades for certain titles as specified in points b and c, Clause 2 of this Article, according to the分级管理 of the Minister of Justice.

18. Organizing professional training for Enforcement Officers, Reviewers, and staff members of local civil enforcement agencies in accordance with the provisions of the law and the分级管理 of the Minister of Justice.

19. Managing and implementing budget allocation, ensuring material and technical infrastructure, and operational means for local civil enforcement agencies in accordance with the provisions of the law and the分级管理 of the Minister of Justice.

20. Managing the revenue from fees collected by local civil enforcement agencies and submitted to the Civil Enforcement General Department to implement the regulation of enforcement fees and their use as prescribed by the law.

21. Implementing administrative reform and judicial reform tasks in accordance with the goals and contents of the administrative and judicial reform programs approved by competent authorities.

22. Performing other tasks and exercising other powers delegated by the Minister of Justice.

Article 5. The organizational structure and personnel of the Civil Enforcement General Department

1. The Civil Enforcement General Department has the following organizational units:

a) Office;

b) The Department for Management and Direction of Civil Execution Business (referred to as Department of Business 1);

c) The Department for Management and Direction of Civil Execution Business related to monetary and property in criminal judgments and decisions, administrative decisions, and competition case decisions involving assets (referred to as Department of Business 2);

d) The Department for Complaints and Appeals Resolution;

e) Organization and Cadre Department;

e) The Planning and Finance Department;

g) The Data, Information, and Statistics Center for Civil Enforcement.

2. The Civil Enforcement General Department has the following personnel and civil servants:

a) A Director, not more than three Deputy Directors; Department Heads and equivalents, Deputy Department Heads and equivalents;

b) Reviewers, Senior Reviewers, High-Level Reviewers for enforcement, and other civil servants.

The Director of the Civil Enforcement General Department shall define the functions, tasks, powers, number, personnel structure, organization, and establishment of the bodies assisting the Director.

3. The Director and Deputy Directors of the Civil Enforcement General Department shall be appointed, relieved of duty, and removed from office by the Minister of Justice in accordance with the law. The Director of the Civil Enforcement General Department is responsible before the Minister of Justice and the law for all activities of the Civil Enforcement General Department. Deputy Directors of the Civil Enforcement General Department are responsible before the Director of the Civil Enforcement General Department and the law for the areas of work they are assigned to manage.

Article 6. Position, Functions, and Organizational Structure and Personnel of the Provincial Civil Enforcement Department

1. The Provincial Civil Enforcement Department is a subordinate agency under the Civil Enforcement General Department, performing civil enforcement functions, assisting the Director of the Civil Enforcement General Department in managing certain aspects of organizational and personnel work of local civil enforcement agencies, and performing other tasks and exercising other powers as prescribed by the law.

2. The Provincial Civil Enforcement Department has specialized departments under its direct jurisdiction.

3. The Provincial Civil Enforcement Department has a Director who is also the Head of the civil enforcement agency; a Deputy Director who is also the Deputy Head of the civil enforcement agency; Junior Enforcement Officers; Intermediate Enforcement Officers; Senior Enforcement Officers; Enforcement Reviewers; Senior Enforcement Reviewers; may have High-Level Enforcement Reviewers; Enforcement Secretaries, and other civil servants.

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

5. The Provincial Civil Enforcement Department is subject to the direction of the People's Committee at the provincial level as stipulated in Article 173 of the Civil Enforcement Law, and is responsible for reporting to the same-level People's Committee on policies and measures to strengthen civil enforcement work in the area, and implementing reports on civil enforcement work before the same-level People's Council in accordance with the law.

Article 7. Position, functions, organizational structure, and staff of the Civil Enforcement Agency of the district

1. The Civil Enforcement Agency of the district is an agency under the Civil Enforcement Agency of the province, performing civil enforcement functions and carrying out other tasks and powers as prescribed by law.

2. The Civil Enforcement Agency of the district has a Director concurrently serving as the Head of the civil enforcement agency, a Deputy Director concurrently serving as the Deputy Head of the civil enforcement agency, primary enforcement officers, intermediate enforcement officers, enforcement case reviewers, enforcement secretaries, and other civil servants.

3. The Director of the Civil Enforcement Agency of the district is responsible to the Director of the Civil Enforcement Agency of the province and to the law for all activities of the Civil Enforcement Agency of the district. The Deputy Director of the Civil Enforcement Agency of the district is responsible to the Director of the Civil Enforcement Agency of the district and to the law for the areas of work assigned to manage.

4. The Civil Enforcement Agency of the district is subject to the direction of the People's Committee at the district level pursuant to Article 174 of the Civil Enforcement Law, and is responsible to report to the People's Committee at the same level on policies and measures to strengthen civil enforcement work in its jurisdiction and to report on civil enforcement work before the People's Council at the same level as prescribed by law.

Article 8. System of enforcement agencies within the military

The system of enforcement agencies within the military includes:

1. At the Ministry of National Defense: The Civil Enforcement Agency of the Ministry of National Defense is an agency managing enforcement under the Ministry of National Defense;

2. At military regions and equivalent levels: The Civil Enforcement Office of the military region and equivalent levels (hereinafter referred to collectively as the Civil Enforcement Office at the military regional level) is an enforcement agency under the military region.

The Civil Enforcement Agency of the Ministry of National Defense, the Civil Enforcement Office at the military regional level have legal personality, seals with the national emblem, separate offices, and independent accounts.

Article 9. Position and functions of the Civil Enforcement Agency of the Ministry of National Defense

The Civil Enforcement Agency of the Ministry of National Defense is an agency under the Ministry of National Defense, performing advisory and assisting functions to help the Minister of National Defense manage state affairs regarding enforcement work in the military.

Article 10. Tasks and powers of the Civil Enforcement Agency of the Ministry of National Defense

1. Submit to the Minister of National Defense for coordination with the Minister of Justice to submit to the Government and the Prime Minister for consideration and decision:

a) Draft laws, ordinances, draft resolutions of the National Assembly, the Standing Committee of the National Assembly; draft resolutions, decrees of the Government on enforcement in the military;

b) Strategies, national programs, projects, plans, long-term five-year plans, draft decisions, directives of the Prime Minister, draft reports to the National Assembly, reports to the Government on enforcement work in the military.

2. Submit to the Minister of National Defense for decision or issuance:

a) Circulars, decisions, directives on enforcement in the military;

b) Establishment, merger, dissolution of Civil Enforcement Offices at the military regional level; submit to the Minister of National Defense for proposal to the Minister of Justice to appoint, dismiss, remove from office primary enforcement officers, intermediate enforcement officers, senior enforcement officers; appoint, dismiss enforcement case reviewers, chief enforcement case reviewers, senior enforcement case reviewers in the military;

c) Appoint, reappoint, dismiss, accept resignation, remove from office Heads, Deputy Heads of enforcement agencies at the military regional level;

d) Reporting systems on civil enforcement in the military; standards, quotas, forms, documents on enforcement in the military.

3. Organize professional training for enforcement officers, enforcement case reviewers, staff engaged in enforcement work in the military according to the provisions of the law and the delegation of the Minister of National Defense.

4. Implement legal documents, strategies, national programs, plans, projects on enforcement in the military after they are issued and approved.

5. Issue according to authority guiding documents on enforcement, individual documents, internal regulatory documents according to the provisions of the law.

6. Organize inspections:

a) Implementation of procedures, formalities, and application of laws in enforcement activities in the military;

b) Statistical and reporting systems on enforcement in the military;

c) Collection and expenditure of money, transfer and receipt of assets in enforcement, collection and payment of fees and expenses for enforcement coercive measures;

d) Other activities related to enforcement in the military as prescribed by law.

7. Resolve complaints and denunciations about enforcement within its jurisdiction according to the provisions of the Civil Enforcement Law.

8. Implement anti-corruption and anti-neglect in the enforcement agencies of the military according to the law and the delegation of the Minister of National Defense.

9. Implement plans, programs, projects, cooperation initiatives in international enforcement in the military according to the law and the assignment of the Minister of National Defense; evaluate results of international cooperation in the field of enforcement in the military.

10. Propagate, educate, mobilize organizations and individuals to strictly comply with court judgments and decisions that have legal effect.

11. Coordinate to implement:

a) Coordinate with functional agencies of military regions and equivalent levels in managing enforcement officers, enforcement case reviewers, and staff engaged in enforcement work in the military;

b) Assist the Minister of National Defense in coordinating with the Minister of Justice in managing state affairs regarding civil enforcement in the military;

c) Conduct inspections on enforcement in the military;

d) Coordinate with specialized agencies under the Ministry of Justice in training, guidance, and direction of professional work, implementation of policies, rewards, and disciplinary measures for enforcement officers, enforcement case reviewers, and staff engaged in enforcement work in the military;

đ) Handle according to the law for non-compliance with enforcement orders.

12. Research, manage, and apply scientific progress, information technology, and modernization of material and technical infrastructure in the operation of enforcement agencies in the military.

13. Implement statistical work, information management, and construction of databases on enforcement in the military.

14. Manage, implement the allocation of funds, ensure material and technical infrastructure, means for enforcement activities within the military in accordance with the provisions of the law and the分级授权的国防部部长的规定。

15. Manage the revenue from fees collected by military region enforcement agencies and submitted to the Department of Enforcement under the Ministry of National Defense to implement the regulation of enforcement fees and use them in accordance with the provisions of the law.

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

17. Perform other tasks assigned by the Minister of National Defense.

Article 11. Organizational structure and personnel of the Department of Enforcement under the Ministry of National Defense

1. The organizational structure of the Department of Enforcement under the Ministry of National Defense includes the following units:

a) Planning and General Affairs Division;

b) Management and Directive Division;

c) Inspection and Grievance Resolution Division;

d) Organization and Personnel Division;

đ) Administrative and Material Supply Division;

e) Science and Information Technology Board;

g) Finance Board.

2. The personnel structure of the Department of Enforcement under the Ministry of National Defense includes the following:

a) A Director, not more than three Deputy Directors; Heads and Deputy Heads of Divisions; Heads of Boards.

b) Enforcement Investigators, Senior Enforcement Investigators, Advanced Enforcement Investigators, and staff and employees engaged in enforcement work.

3. The Director and Deputy Directors of the Department of Enforcement under the Ministry of National Defense shall be appointed, reappointed, relieved, or dismissed in accordance with the provisions of the law by the Minister of National Defense.

4. The Director of the Department of Enforcement under the Ministry of National Defense is responsible before the Minister of National Defense and the law for all activities of the Department of Enforcement. Deputy Directors are responsible before the Director and the law for the areas of work they are assigned to manage.

Article 12. Position, functions, and organizational structure and personnel of the Military Region Enforcement Division

1. The Military Region Enforcement Division is a subordinate agency of the Military Region and equivalent bodies, performing civil enforcement functions and other duties and powers as prescribed by law.

2. The Military Region Enforcement Division has an Administrative and Consolidation Board under it.

3. The head of the enforcement agency is concurrently the Head of the Military Region Enforcement Division, the deputy head of the enforcement agency is concurrently the Deputy Head, Head of Boards,初级执行员，中级执行员，高级执行员，审查员，高级审查员，书记官和从事执行工作的干部、员工。

4. The head of the military region enforcement agency is responsible before the Commander, the Director of the Department of Enforcement under the Ministry of National Defense, and the law for all civil enforcement activities within the scope assigned. The deputy head of the military region enforcement agency is responsible before the head of the military region enforcement agency and the law for the areas of work they are assigned to manage.

Article 13. Responsibilities of People's Committees and related organizations in civil enforcement

1. Within the scope of their authority as prescribed by law, people's committees at all levels have the responsibility to coordinate and create conditions for civil enforcement agencies on their territory to enforce policies and laws on civil enforcement; to direct relevant functional agencies to cooperate with civil enforcement agencies to effectively manage civil enforcement activities on their territory.

Provincial and municipal people's committees directly under the central government, county, district, town, and city people's committees under provinces establish Civil Enforcement Directive Boards to advise the Chairpersons of the respective people's committees on organizing coercive enforcement of major, complex cases that have significant impacts on security, politics, social order, and safety in their localities upon the proposal of the heads of the respective civil enforcement agencies. The members of the Civil Enforcement Directive Board include:

a) The Chairman or one Vice-Chairman of the people's committee serves as the Head of the Board;

b) The Head of the Civil Enforcement Agency at the same level serves as the Deputy Head of the Board;

c) Members include representatives from the Justice, Public Security, Finance, Natural Resources and Environment departments, and invite representatives from the People's Court and the Vietnam Fatherland Front at the same level.

To suit the conditions of each locality, the Chairperson of the provincial or county people's committee may invite representatives from other relevant agencies to serve as members of the Civil Enforcement Directive Board if necessary.

The Ministry of Justice leads and coordinates with the Supreme People's Court, the Ministry of Public Security, the Ministry of Finance, the Ministry of Natural Resources and Environment, and the Central Committee of the Vietnam Fatherland Front to guide the activities of the Civil Enforcement Directive Board.

2. Local civil enforcement agencies have the responsibility to cooperate with organizations and individuals in their territory to enforce civil enforcement laws, handle complaints and reports from organizations and citizens regarding wrongful actions of staff and officials under their management in accordance with the law.

Chapter II

EXECUTION OFFICERS, REVIEWERS, HEADS, AND DEPUTY HEADS OF CIVIL ENFORCEMENT AGENCIES

PART 1. PROCEDURES AND REQUIREMENTS FOR THE SELECTION, APPOINTMENT, REMOVAL, DISMISSAL, REASSIGNMENT, DETACHMENT OF ENFORCEMENT OFFICERS

Article 14. Appointment and Selection of Enforcement Officers

1. The appointment to the rank of Enforcement Officer must be through a selection process, except for cases stipulated in Article 48 of this Decree.

2. The Ministry of Justice shall organize the selection of Enforcement Officers for local civil enforcement agencies; the Ministry of National Defense shall cooperate with the Ministry of Justice to organize the selection of Enforcement Officers for Military Enforcement Offices. The content and form of the selection of Enforcement Officers shall be implemented according to the regulations of the Minister of Justice.

3. The Minister of Justice shall issue the standards for the primary, intermediate, and senior ranks of Enforcement Officers after reaching consensus with the Minister of Home Affairs.

Article 15. Conditions for Participating in the Selection of Enforcement Officers

1. Meeting the standards for the rank of Enforcement Officer as prescribed in Article 18 of the Civil Enforcement Law.

2. Not being under criminal investigation or subject to disciplinary review but without a final conclusion and decision from the competent authority.

Article 16. Determination of Standards and Appointment of Enforcement Officers in Certain Special Cases

1. In the case of reassignment of officials or civil servants from other agencies to civil enforcement agencies for the purpose of appointing heads or deputy heads of enforcement agencies, if they meet the conditions and standards as prescribed in Clause 7 of Article 18 of the Civil Enforcement Law, they may be appointed to the intermediate or senior rank of Enforcement Officer without having to go through the selection process.

2. In cases where there is a need for personnel in civil enforcement agencies, individuals who meet the standards as prescribed in Clause 1 of Article 18 of the Civil Enforcement Law, although not yet holding the primary rank of Enforcement Officer or having held it for less than five years, but have at least ten years of experience in legal work and the ability to handle matters within the jurisdiction of civil enforcement agencies, may participate in the selection for the intermediate rank of Enforcement Officer.

3. In cases where there is a need for personnel in civil enforcement agencies, individuals who meet the standards as prescribed in Clause 1 of Article 18 of the Civil Enforcement Law, although not yet holding the intermediate rank of Enforcement Officer, but have at least fifteen years of experience in legal work and the ability to handle matters within the jurisdiction of provincial civil enforcement agencies, may participate in the selection for the senior rank of Enforcement Officer.

Article 17. Preliminary Screening and Nomination of Candidates for the Selection of Enforcement Officers

1. The Director of the Civil Enforcement Office in the district nominates candidates from their own unit to participate in the selection of Enforcement Officers; the Head of the Military Enforcement Office nominates candidates from their own unit to participate in the selection of Enforcement Officers.

2. The Director of the Provincial Civil Enforcement Office nominates candidates to participate in the selection of Enforcement Officers in the following cases:

a) Civil servants belonging to the Provincial Civil Enforcement Office;

b) Civil servants belonging to the Civil Enforcement Office in the district but nominated to participate in the selection of Enforcement Officers for the Provincial Civil Enforcement Office or nominated to participate in the selection of Enforcement Officers for another Civil Enforcement Office within the province.

3. The leadership collective of the Provincial Civil Enforcement Office (for local civil enforcement agencies) or the leadership collective of the Civil Enforcement Office under the Ministry of National Defense (for Military Enforcement Offices) shall conduct preliminary screening for those nominated to participate in the selection of Enforcement Officers.

4. The Ministry of Justice shall specify the conditions, preliminary screening procedures, and application requirements for non-officials or non-civil servants participating in the selection of Enforcement Officers, and for civil servants transferring from one provincial civil enforcement agency to another for the purpose of participating in the selection for the rank of Enforcement Officer.

Article 18. Documents for Application to Take the Enforcement Officer Examination

1. Application form for taking the examination of the applicant

2. Curriculum vitae according to the model issued by the Ministry of Home Affairs, with attached photograph (4 x 6 cm), confirmed by the personnel management agency; for those proposed to be appointed as Enforcement Officers of the Military Region Enforcement Office, the curriculum vitae shall be implemented according to the model prescribed by the Ministry of National Defense.

3. Declaration of assets.

4. Copies of diplomas and certificates.

5. Evaluation and assessment report by the head of the agency, unit, or organization of the person proposed to take the Enforcement Officer examination regarding their work experience, professional competence, political quality, and lifestyle.

6. Recommendation letter from the Director of the Civil Enforcement Bureau of the provincial department (for local enforcement agencies) or the Director of the Civil Enforcement Bureau under the Ministry of National Defense (for the Military Region Enforcement Office).

Article 19. Receiving and Examining the Application Documents for the Enforcement Officer Examination

1. The General Department of Civil Enforcement receives and examines the application documents; announces the list of eligible candidates for the Enforcement Officer examination of local enforcement agencies.

2. The Civil Enforcement Bureau of the Ministry of National Defense receives and examines the application documents; announces the list of eligible candidates for the Enforcement Officer examination of the Military Region Enforcement Office.

Article 20. Establishment of the Enforcement Officer Examination Board

1. The Minister of Justice decides on the establishment of the Enforcement Officer Examination Board.

2. The Enforcement Officer Examination Board consists of:

a) The Enforcement Officer Examination Board of local enforcement agencies;

The list of members of the Enforcement Officer Examination Board of local enforcement agencies is nominated by the Minister of Justice upon the proposal of the General Department Director of the General Department of Civil Enforcement.

b) The Enforcement Officer Examination Board of the Military Region Enforcement Office;

The list of members of the Enforcement Officer Examination Board of the Military Region Enforcement Office is nominated by the Minister of National Defense upon the proposal of the Director of the Civil Enforcement Bureau of the Ministry of National Defense.

Article 21. Duties and Powers of the Enforcement Officer Examination Board

The Enforcement Officer Examination Board assists the Minister of Justice in organizing the Enforcement Officer examination and has the following duties and powers:

1. Announce the examination plan for the Enforcement Officer position; examination rules and regulations; subjects, examination format, time, and location.

2. Organize the preparation of examination questions; establish the examination committee and the marking committee.

3. Direct and organize the examination; report the examination results to the competent authority for review and issuance of the decision recognizing the examination results.

4. Handle complaints and reports from examination candidates.

Article 22. Appointment of Enforcement Officers

Based on the examination results, the Enforcement Officer Examination Board sends the examination results to the General Department of Civil Enforcement for consolidation and reporting to the Minister of Justice for consideration and decision on the appointment of Enforcement Officers as prescribed.

Article 23. Procedure and Formalities for the Removal of Enforcement Officers

1. The Director of the Civil Enforcement Bureau of the province prepares the dossier for the removal of Enforcement Officers of local enforcement agencies; the Director of the Civil Enforcement Bureau of the Ministry of National Defense prepares the dossier for the removal of Enforcement Officers of the Military Region Enforcement Office.

2. The dossier for the removal of Enforcement Officers includes:

a) Request for removal of Enforcement Officer (if applicable), clearly stating the reasons for requesting the removal of the Enforcement Officer;

b) Supporting documents proving the reasons for requesting the removal of the Enforcement Officer: health certificate issued by a general hospital at district, city, or provincial level (valid within six months), family hardship certificate or other relevant documents (if applicable);

c) Recommendation letter for the removal of Enforcement Officer from the Director of the Civil Enforcement Bureau of the province for local enforcement agencies' Enforcement Officers or the Director of the Civil Enforcement Bureau under the Ministry of National Defense for Military Region Enforcement Office's Enforcement Officers.

Article 24. Removal from Office of Enforcement Officer Position

An Enforcement Officer may be removed from the position of Enforcement Officer when they fall under any of the following circumstances:

1. Violating legal provisions during the organization of enforcement proceedings without reaching the level of being compelled to resign or being criminally prosecuted, but it is deemed necessary to apply the disciplinary measure of removal from the position of Enforcement Officer.

2. Seriously violating the provisions of Article 21 of the Civil Execution Law, and it is deemed necessary to apply the disciplinary measure of removal from the position of Enforcement Officer.

The procedures and formalities for considering the proposal for the Minister of Justice to decide on the removal from the position of Enforcement Officer shall be carried out according to the current regulations on discipline for civil servants and public officials.

Article 25. Transfer, Rotation, and Detachment of Enforcement Officers

1. The Minister of Justice decides on the transfer, rotation, and detachment of Enforcement Officers currently holding the positions of Director, Deputy Director of the Civil Enforcement Department of the province from one province to another.

2. The Director of the General Department of Civil Enforcement decides on the transfer, rotation, and detachment of Enforcement Officers of local civil enforcement agencies from one province to another.

3. The Minister of National Defense stipulates the transfer, rotation, and detachment of Enforcement Officers and Heads of military enforcement agencies from the Military Enforcement Office of one Military Region to another Military Region.

PART 2. DUTIES, POWERS, RESPONSIBILITIES, APPOINTMENT, TRANSFER, ROTATION, AND DETACHMENT OF EXECUTION AUDITORS

Article 26. Execution Auditor

1. An Execution Auditor is a civil servant with the duty to assist the Head of the Civil Enforcement Management Agency, the Civil Enforcement Agency, and the Enforcement Agency in the military to carry out audit tasks and other tasks as prescribed by law. The Minister of Justice appoints Execution Auditors, Senior Execution Auditors, and Senior-Level Execution Auditors.

2. Execution Auditors in the military are officers and professional soldiers in the Vietnam People's Army.

Article 27. Duties and Powers of Execution Auditors

1. Conducting audits and inspections of execution cases that have been and are being executed; auditing and verifying cases involving complaints and petitions as directed by the Head of the Civil Enforcement Management Agency and the Civil Enforcement Agency.

In case of discovering errors during the audit and inspection process, they must advise the competent authority to temporarily suspend the implementation of the erroneous decision to rectify and bear responsibility for their recommendations.

2. Drafting plans, organizing the implementation, or coordinating with relevant agencies and units to verify, inspect, and propose solutions according to assigned tasks.

3. Advising the Head of the agency to respond to objections and suggestions of the People's Procuracy within their jurisdiction.

4. Performing other tasks assigned by the Head of the agency.

Article 28. Responsibilities of Execution Auditors

1. Execution Auditors must set an example in complying with the law, continuously strive and train to maintain the standards of Execution Auditors.

2. When conducting audits and inspections, Execution Auditors must comply with legal provisions, be responsible before the law and the Head of the agency for the performance of their assigned tasks.

3. Execution Auditors shall not engage in the following activities:

a) Activities prohibited by laws on cadres and civil servants and related laws.

b) Colluding with the auditees and those involved in the audit and inspection process.

c) Conducting audits and inspections without a decision assigning duties from a competent authority.

d) Illegally interfering in the audit and inspection process or using their influence to affect those responsible when they perform audit and inspection tasks.

đ) Misusing their position and powers to commit illegal acts; harassing, causing difficulties, and inconvenience to the auditees and those involved in the audit and inspection process; shielding the auditees and those involved from responsibility.

e) Disclosing or providing audit and inspection information and materials to unauthorized persons before a conclusion is made.

4. Execution Auditors shall not participate in audits and inspections if they are directly related to the rights and obligations of the following individuals:

a) Spouse, children by birth or adoption.

b) Father, mother, adoptive father, adoptive mother, paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, uncle, aunt, cousin, sister, brother, and half-sister, half-brother of the Execution Auditor, or spouse of the Execution Auditor.

c) Grandchildren by blood where the Execution Auditor is the grandparent, uncle, aunt, cousin, sister, or brother.

Article 29. Appointment, Promotion, and Transfer of Enforcement Inspector

1. The appointment, promotion, and transfer of Enforcement Inspectors shall be carried out in accordance with the provisions of the Civil Execution Law and the laws on cadres and civil servants.

2. The Ministry of Justice shall organize examinations for promotion from Enforcement Inspector to Senior Enforcement Inspector; cooperate with the Ministry of Home Affairs to organize examinations for promotion from Senior Enforcement Inspector to Advanced Enforcement Inspector.

The content and form of the examination for promotion of Enforcement Inspectors shall be prescribed by the Minister of Justice.

3. The Ministry of National Defense shall organize a Council to review and recommend the Minister of Justice to appoint Enforcement Inspectors in the military.

4. Annually, the competent authority managing civil servants shall base on the structure of civil servant ranks, develop plans and targets for rank promotion exams, submit them to the Ministry of Justice for decision on plans and targets and organization of the exams according to regulations.

Article 30. Transfer, Rotation, and Assignment of Enforcement Inspectors

1. The Director of the Civil Execution General Department decides on the transfer, rotation, and assignment of Enforcement Inspectors among local execution agencies from one province to another.

2. The Minister of National Defense shall prescribe the transfer, rotation, and assignment of Enforcement Inspectors within the military.

PART 3. STANDARDS, PROCEDURES, AND FORMS FOR APPOINTMENT, REAPPOINTMENT, REMOVAL, RESIGNATION, AND DISMISSAL OF HEADS AND DEPUTY HEADS OF EXECUTION AGENCIES

Article 31. Standards for Heads and Deputy Heads of Civil Execution Agencies

1. The Head and Deputy Head of a Civil Execution Sub-Office must meet the following standards:

a) Must be a Junior Enforcement Officer or higher;

b) Must have political integrity, moral character, clean lifestyle, organizational discipline awareness, and a sense of responsibility in work;

c) Must have practical experience in civil execution;

d) Must have management capability and the ability to organize the implementation of tasks of the Civil Execution Sub-Office.

2. The Head and Deputy Head of a Provincial Civil Execution Office must meet the following standards:

a) Must be a Mid-Level Enforcement Officer or higher;

b) Must have political integrity, moral character, clean lifestyle, organizational discipline awareness, and a sense of responsibility in work.

c) Must have practical experience in civil execution;

d) Must have management capability and the ability to organize the implementation of tasks of the Provincial Civil Execution Office.

3. The standards for Heads and Deputy Heads of civil execution agencies at military regions shall be prescribed by the Minister of National Defense.

Article 32. Procedures and Forms for Appointment, Reappointment, Removal, Resignation, and Dismissal of Heads and Deputy Heads of Civil Execution Agencies

1. The appointment, reappointment, removal, resignation, and dismissal of Heads and Deputy Heads of local civil execution agencies shall be carried out in accordance with the provisions of the Civil Execution Law, current laws on appointment, reappointment, resignation, and removal of leading cadres and civil servants, and the following provisions:

a) The Director of the Civil Execution General Department shall take the lead and coordinate with the competent authority at provincial level for cadre management to implement the process, complete the dossier, and submit it to the Minister of Justice for decision on appointment, reappointment, removal, resignation, and dismissal of the Head of the Provincial Civil Execution Office;

b) The Head of the Provincial Civil Execution Office shall take the lead and coordinate with the competent authority at provincial level for professional cadre management to implement the process, complete the dossier, and submit it to the Minister of Justice for decision on appointment, reappointment, removal, resignation, and dismissal of the Deputy Head of the Provincial Civil Execution Office;

c) The authority to appoint, reappoint, remove, resign, and dismiss the Head and Deputy Head of a Civil Execution Sub-Office at the district level shall be prescribed by the Minister of Justice.

2. The dossier for appointment and reappointment of Heads and Deputy Heads of local civil execution agencies includes:

a) Curriculum vitae (according to the model of the Ministry of Home Affairs);

b) Self-assessment report (according to the model of the Ministry of Justice);

c) Declaration of assets and income;

d) Copies of diplomas and certificates;

đ) Minutes and results of trust votes of civil servants;

e) Written opinions of the Chairman of the People's Committee or the competent authority at the same level;

g) Health certificate issued by a general hospital at the county, district, city, or provincial level (valid for six months);

h) Assessment and evaluation of professional competence, political integrity, moral character, and lifestyle of the Head of the unit regarding the person proposed for appointment;

i) Proposal for appointment from the Head of the local civil execution agency for the case of proposing appointment of the Deputy Head of the local civil execution agency;

k) Report of the Director of the Civil Execution General Department for the proposal to appoint the Head of the Provincial Civil Execution Office; Report of the Head of the Provincial Civil Execution Office for the proposal to appoint the Deputy Head of the Provincial Civil Execution Office and the Head of the Civil Execution Sub-Office at the district level; Report of the Head of the Civil Execution Sub-Office for the proposal to appoint the Deputy Head of the Civil Execution Sub-Office at the district level;

l) Other related documents (if any).

3. The dossier for dismissal of Heads and Deputy Heads of civil execution agencies shall be implemented in accordance with the regulations on disciplinary actions against cadres and civil servants.

4. The appointment, reappointment, removal, resignation, and dismissal of Heads and Deputy Heads of civil execution agencies at military regions shall be decided by the Minister of National Defense based on the proposal of the Director of the Civil Execution Department of the Ministry of National Defense.

The Minister of National Defense shall specify the procedures for appointment, reappointment, removal, resignation, and dismissal of Heads and Deputy Heads of civil execution agencies at military regions.

5. The Director of the Civil Execution General Department shall assist the Minister of Justice in coordinating with the competent authority for cadre management at the provincial level in planning, training, development, rotation, placement, appointment, commendation, disciplinary action, and policy towards Heads and Deputy Heads of provincial civil execution agencies.

The Director of the Provincial Enforcement Agency assists the General Director of the National Enforcement Agency in coordinating with the competent authority managing cadres at the district level in planning, training, retraining, rotation, placement, transfer, appointment, reward, punishment, and policy for the Heads and Deputy Heads of the district enforcement agencies.

Article 33. Term of Office for the Head and Deputy Head of the Civil Enforcement Agency

The Head and Deputy Head of the Civil Enforcement Agency shall be appointed for a fixed term.

The specific term for appointment and reappointment of the Head and Deputy Head of the Civil Enforcement Agency shall be carried out in accordance with the provisions of the law.

Chapter III

BADGE, AUXILIARY TOOLS, UNIFORM, INSIGNIA, RANK, AND REGIME FOR ENFORCEMENT OFFICERS, AUDITOR, AND CIVIL SERVANTS ENGAGED IN CIVIL ENFORCEMENT WORK

Article 34. Badge for Enforcement Officers and Auditors

1. Enforcement officers and auditors shall be issued badges for use while performing their duties; when changing positions or titles, they shall exchange for appropriate badges corresponding to their new positions or titles; upon ceasing to hold their positions, they must return the badges; if an Enforcement Officer or Auditor loses their badge, they must immediately report it to the nearest police agency and the civil enforcement agency where they work.

2. Badges for Enforcement Officers and Auditors shall be issued by the Ministry of Justice.

3. The model of the badge, issuance, replacement, and recovery of badges for Enforcement Officers and Auditors shall be regulated by the Minister of Justice.

Article 35. Objectives and Types of Auxiliary Tools to be Equipped and Used in Civil Enforcement

1. The Provincial Civil Enforcement Agency, District Civil Enforcement Agency, and Military Zone Enforcement Department shall equip auxiliary tools for Enforcement Officers to use according to the provisions of the law.

2. The types of auxiliary tools to be equipped and used in civil enforcement include:

a) Rubber batons, electric batons, electric sticks, and electric gloves;

b) Pepper spray guns, sedative guns;

c) Pepper spray bottles, sedative bottles;

d) Plastic bullet guns, rubber bullet guns;

đ) Other auxiliary tools as prescribed by law.

3. Principles for Using Auxiliary Tools in Civil Enforcement

a) Auxiliary tools in civil enforcement can only be used if they have been registered and have a usage permit issued by the competent public security or military authorities;

b) When carrying auxiliary tools or using them, a usage permit must be carried. If the permit is lost, it must be reported immediately to the nearest public security agency and the agency that issued the permit.

c) Auxiliary tools in civil enforcement may only be used when performing tasks to protect oneself from attacks or threats to the life or health of Enforcement Officers, civil enforcement officials, or other persons involved in the enforcement process;

d) The use of auxiliary tools in civil enforcement must ensure safety, serve the intended purpose, and follow technical procedures.

4. Strictly prohibited from taking auxiliary tools in civil enforcement home or carrying them when not on duty, or using auxiliary tools in civil enforcement for purposes other than those intended.

5. It is forbidden to purchase, sell, exchange, rent, lend, transfer, give, or present auxiliary tools in civil enforcement to persons without the authority to use them.

Article 36. Planning and Equipping Auxiliary Tools for Civil Enforcement

1. Based on the provisions of Clause 2 of Article 35 of this Decree, each year, the Director of the Provincial Civil Enforcement Agency shall prepare a plan to equip auxiliary tools for local civil enforcement agencies under their management and submit it to the General Director of the National Civil Enforcement Agency for consideration and decision. For the Military Zone Enforcement Department, the Provincial Civil Enforcement Agency of the Ministry of Defense shall report to the Minister of Defense for consideration and decision.

The General Director of the National Civil Enforcement Agency decides the quantity and type of auxiliary tools to be equipped for civil enforcement agencies nationwide; the Ministry of Defense decides the quantity and type of auxiliary tools to be equipped for the Military Zone Enforcement Department. The competent authority under the National Police Corps of the Ministry of Public Security issues permits to carry auxiliary tools based on the request of the National Civil Enforcement Agency (for local civil enforcement agencies); the competent authority in the military issues permits to carry auxiliary tools based on the request of the Provincial Civil Enforcement Agency of the Ministry of Defense (for the Military Zone Enforcement Department).

2. The General Director of the National Civil Enforcement Agency assigns auxiliary tools to local civil enforcement agencies; the Director of the Civil Enforcement Agency of the Ministry of Defense assigns auxiliary tools to the Military Zone Enforcement Department.

The Head of the Civil Enforcement Agency assigns auxiliary tools to Enforcement Officers for use during official duties. When assigning auxiliary tools, a list must be made and a receipt signed by the Head of the Civil Enforcement Agency for the user.

Article 37. Management of Enforcement Support Tools

1. Issuance of Permit to Use Enforcement Support Tools:

a) The permit to use enforcement support tools shall be issued by the provincial or centrally-administered city police authority upon the request of the head of the same-level civil enforcement agency;

The issuance of permits to use enforcement support tools in the military shall be carried out in accordance with regulations of the Ministry of National Defense.

b) The application dossier for a new permit to use enforcement support tools includes: the decision of the Director of the Civil Enforcement General Department or the Director of the Civil Enforcement Department under the Ministry of National Defense on equipping enforcement support tools; the letter requesting issuance of the permit to use enforcement support tools from the civil enforcement agency; copies of the purchase permit for enforcement support tools issued by the competent authority under the Public Security General Department of the Ministry of Public Security for the Provincial Civil Enforcement Department and by the competent authority within the military for the Military Zone Enforcement Office; the introduction letter from the civil enforcement agency for the person assigned to handle the procedures for issuing the permit to use enforcement support tools;

c) The application dossier for reissuing a permit to use enforcement support tools includes: the letter requesting reissuance of the permit to use enforcement support tools from the civil enforcement agency; the introduction letter from the civil enforcement agency for the person assigned to handle the procedures for issuing the permit to use enforcement support tools;

d) The civil enforcement agency must return the expired permit to use enforcement support tools to the police authority that issued it.

2. Preservation of Enforcement Support Tools:

a) The head of the civil enforcement agency is responsible for managing and assigning staff to preserve enforcement support tools. These tools must be stored at the civil enforcement agency's headquarters and recorded in a separate logbook;

b) Enforcement officers must return the enforcement support tools they have used after each mission to the head of the civil enforcement agency for centralized storage; monthly inspections and maintenance of the enforcement support tools must be conducted;

c) In case of loss or damage to enforcement support tools, the head of the civil enforcement agency must prepare a report and immediately inform the nearest police authority, the police authority that registered and issued the permit to use enforcement support tools, and the superior enforcement management agency, then proceed with the procedures to replace or reissue the enforcement support tools.

The person responsible for losing or damaging the enforcement support tools must compensate and may also face disciplinary action, administrative penalties, or criminal liability according to the law depending on the severity of the fault.

Article 38. Transfer of Enforcement Support Tools

1. The Director of the Civil Enforcement General Department decides on the transfer of enforcement support tools among local civil enforcement agencies.

The Director of the Civil Enforcement Department under the Ministry of National Defense decides on the transfer of enforcement support tools among military zone enforcement offices.

2. The Director of the Provincial Civil Enforcement Department decides on the transfer of enforcement support tools under their management.

Article 39. Liquidation and Destruction of Enforcement Support Tools

1. Annually, the civil enforcement agency must inspect and classify the quality of each type of enforcement support tool equipped. If the enforcement support tool cannot be repaired or restored, the Provincial Civil Enforcement Department or the Head of the Military Zone Enforcement Office must submit a written request to the Director of the Civil Enforcement General Department or the Director of the Civil Enforcement Department under the Ministry of National Defense for liquidation and destruction.

2. The Director of the Civil Enforcement General Department or the Director of the Civil Enforcement Department under the Ministry of National Defense decides to establish a Liquidation and Destruction Committee for enforcement support tools. The members of the Liquidation and Destruction Committee include:

a) The Director of the Provincial Civil Enforcement Department serves as the Chairman of the Committee for enforcement support tools belonging to local civil enforcement agencies; the Head of the Military Zone Enforcement Office serves as the Chairman of the Committee for enforcement support tools belonging to the Military Zone Enforcement Office;

b) Representatives of the police authority, the financial authority of the province or centrally-administered city, and representatives of the civil enforcement agency equipped with enforcement support tools are members (if liquidating and destroying enforcement support tools previously provided to the County Civil Enforcement Agency);

Members of the Liquidation and Destruction Committee for enforcement support tools belonging to the Military Zone Enforcement Office shall act in accordance with regulations of the Ministry of National Defense;

c) The destruction process must render the enforcement support tools completely deformed, irreparable for reuse, ensuring safety and not causing environmental pollution. A record must be made during the destruction process, signed by all members of the Liquidation and Destruction Committee for enforcement support tools.

Article 40. Salary and Allowances for Enforcement Officers, Reviewers of Enforcement Decisions, and Civil Servants Engaged in Enforcement of Civil Judgments.

1. Enforcement Officers, Reviewers of Enforcement Decisions, Enforcement Secretaries, and civil servants engaged in enforcement of civil judgments shall enjoy salary scales and occupational responsibility allowances, as well as other preferential treatment regimes.

2. Junior Enforcement Officers, Intermediate Enforcement Officers, and Senior Enforcement Officers shall be classified under Group A1, A2 (Group 1), and A3 (Group 1) of the specialized vocational salary scale for officials and civil servants in state agencies. An Enforcement Secretary who has graduated from university shall be classified under Group A1 of the specialized vocational salary scale for officials and civil servants in state agencies; those who have graduated from a vocational high school shall be classified under Group B of the specialized vocational salary scale for officials and civil servants in state agencies.

The Minister of Home Affairs shall issue the job code for Junior Enforcement Officers, Intermediate Enforcement Officers, Senior Enforcement Officers, and Enforcement Secretaries.

3. Enforcement Officers, Reviewers of Enforcement Decisions, and staff members engaged in enforcement of civil judgments in the military shall enjoy occupational responsibility allowances and other preferential treatment regimes.

Article 41. Recipients of Badges and Insignia for Enforcement of Civil Judgments.

1. Enforcement Officers, Reviewers of Enforcement Decisions, and civil servants engaged in enforcement of civil judgments at local enforcement agencies; Reviewers of Enforcement Decisions and civil servants of the Civil Judgment Enforcement General Department under the Ministry of Justice shall be issued badges and insignia to perform their duties.

2. Badges and insignia for Enforcement Officers and other positions within management agencies and enforcement agencies in the military shall be implemented according to regulations of the Ministry of National Defense.

Article 42. Badges and Insignia for Enforcement of Civil Judgments.

1. Badge for enforcement of civil judgments on hats: circular in shape made of metal, with paired pine branches surrounding the outer edge of the circle, a five-pointed golden star prominently displayed at the center, surrounded by golden wheat ears on both sides, and a golden gear wheel below the star. The phrase "THI HÀNH ÁN" in red is inscribed outside the badge along the paired pine branches.

2. Insignia for enforcement of civil judgments include shoulder straps and lapel pins.

a) Shoulder strap insignia: made of dark blue fabric with a red border around it. On the background of the insignia, there is a circular shape at the top with a raised five-pointed star in the middle, surrounded by paired pine branches, the central part of the insignia features metallic gold or silver-colored stars, and at the bottom, there are crossed pine branches or horizontal stripes made of gold or silver-colored metal to distinguish different leadership positions or civil servant titles.

b) Lapel pin insignia includes the following types:

- Single pine branch made of metal;

- Lapel pin made of fabric, rhombus-shaped, dark blue background, with a sword and shield in the center, surrounded by a gold or silver-colored metal border or without a metal border.

The use of lapel pins is applied based on specific positions or civil servant titles.

Article 43. Insignia for Leaders of the Civil Judgment Enforcement General Department and Local Enforcement Agencies.

1. Insignia for leaders of the Civil Judgment Enforcement General Department:

a) The shoulder strap insignia of the Director of the Civil Judgment Enforcement General Department has two vertically aligned gold-colored star shapes in the middle, and crossed gold-colored pine branches at the end; the lapel pin insignia is a single gold-colored pine branch.

b) The shoulder strap and lapel pin insignia of the Deputy Director of the Civil Judgment Enforcement General Department shall be the same as specified in point a, Clause 1 of this Article, but the shoulder strap insignia will have one star in the middle.

2. Insignia for leaders of the Provincial Civil Judgment Enforcement Department:

a) The shoulder strap insignia of the Director and Deputy Director of the Provincial Civil Judgment Enforcement Department shall be the insignia of the Enforcement Officer rank they hold.

b) The lapel pin insignia of the Director of the Provincial Civil Judgment Enforcement Department is a single gold-colored pine branch; the lapel pin insignia of the Deputy Director of the Provincial Civil Judgment Enforcement Department is a single silver-colored pine branch.

3. Insignia for leaders of the County Civil Judgment Enforcement Department:

a) The shoulder strap insignia of the Director and Deputy Director of the County Civil Judgment Enforcement Department shall be the insignia of the Enforcement Officer rank they hold.

b) The lapel pin insignia of the Director of the County Civil Judgment Enforcement Department is made of fabric, rhombus-shaped, dark blue background, with a sword and shield in the center, surrounded by a gold-colored metal border; the lapel pin insignia of the Deputy Director of the County Civil Judgment Enforcement Department is made of fabric, rhombus-shaped, dark blue background, with a sword and shield in the center, surrounded by a silver-colored metal border.

Article 44. Rank insignia for leaders of units under the Civil Enforcement General Department and leaders of units under the Provincial Civil Enforcement Service

1. Rank insignia for leaders of units under the Civil Enforcement General Department:

a) The rank insignia on the shoulder strap of the head of a unit under the Civil Enforcement General Department consists of four metallic gold stars arranged in two horizontal and two vertical rows on the shoulder strap, with two parallel metallic gold stripes at the end of the insignia; the rank insignia on the sleeve patch is made of fabric, rectangular in shape, with a dark blue background, featuring a sword and shield in the center and a gold metallic border around it.

b) The rank insignia on the shoulder strap and sleeve patch of the deputy head of a unit under the Civil Enforcement General Department shall be as specified in point a, Clause 1 of this Article, but the shoulder strap insignia will have three stars arranged in two horizontal and one vertical row.

2. Rank insignia for leaders of units under the Provincial Civil Enforcement Service:

a) The rank insignia on the shoulder strap of the head of a unit and the deputy head of a unit under the Provincial Civil Enforcement Service shall be according to the rank held by that person;

b) The rank insignia on the sleeve patch of the head of a unit under the Provincial Civil Enforcement Service is made of fabric, rectangular in shape, with a dark blue background, featuring a sword and shield in the center and a gold metallic border around it;

c) The rank insignia on the sleeve patch of the deputy head of a unit under the Provincial Civil Enforcement Service is made of fabric, rectangular in shape, with a dark blue background, featuring a sword and shield in the center and a silver metallic border around it.

Article 45. Rank insignia for civil servants in various categories under the Civil Enforcement General Department and local enforcement agencies

1. Rank insignia for Senior Enforcement Officers:

a) The rank insignia on the shoulder strap of a Senior Enforcement Officer consists of two light blue vertical stripes in the middle of the insignia, with four metallic white stars arranged in two horizontal and two vertical rows on the insignia background, and a single horizontal metallic white stripe at the end of the insignia; the rank insignia on the sleeve patch is made of fabric, rectangular in shape, with a dark blue background, featuring a sword and shield in the center and a white metallic border around it.

b) The rank insignia on the shoulder strap and sleeve patch of a Mid-level Enforcement Officer shall be as specified in point a, Clause 1 of this Article, but the shoulder strap insignia will have three stars arranged in two horizontal and one vertical row.

c) The rank insignia on the shoulder strap and sleeve patch of a Junior Enforcement Officer shall be as specified in point a, Clause 1 of this Article, but the shoulder strap insignia will have two vertical stars.

2. Rank insignia for Senior Enforcement Reviewers and other civil servants:

a) The rank insignia on the shoulder strap of a Senior Enforcement Reviewer consists of four metallic white stars arranged in two horizontal and two vertical rows on the insignia background, with a horizontal metallic stripe at the end of the insignia; the rank insignia on the sleeve patch is made of fabric, rectangular in shape, with a dark blue background, featuring a sword and shield in the center and a white metallic border around it.

b) The rank insignia on the shoulder strap and sleeve patch of a Principal Enforcement Reviewer shall be as specified in point a, Clause 2 of this Article, but the shoulder strap insignia will have three stars arranged in two horizontal and one vertical row.

c) The rank insignia on the shoulder strap and sleeve patch of an Enforcement Reviewer shall be as specified in point a, Clause 2 of this Article, but the shoulder strap insignia will have two vertical stars.

d) The rank insignia on the shoulder strap and sleeve patch of other civil servants under the Civil Enforcement General Department and local enforcement agencies shall be as specified in point a, Clause 2 of this Article, but the shoulder strap insignia will have one star in the center.

Article 46. Uniforms of Enforcement Officers, Execution Reviewers, and Civil Enforcement Officials

1. Enforcement officers, execution reviewers, and civil enforcement officials working at local enforcement agencies, military enforcement agencies; execution reviewers and officials of the Department of Civil Enforcement under the Ministry of Justice, and the Civil Enforcement Agency under the Ministry of National Defense shall be provided with uniforms, insignias, and badges to perform their duties.

2. The types of uniforms provided for civil enforcement officials mentioned in Clause 1 of this Article include: winter outerwear: winter coat; winter thermal jacket; spring and summer outerwear; long-sleeved shirt; leather shoes; leather belt; leather sandals; socks; necktie; raincoat; kepi hat; enforcement helmet; leather document case.

3. The Minister of Justice shall prescribe the models, colors, and principles for using the uniforms of enforcement officers, execution reviewers, and civil enforcement officials at local enforcement agencies, and the Department of Civil Enforcement under the Ministry of Justice to apply uniformly throughout the country.

4. Matters concerning the provision and use of uniforms for enforcement officers, execution reviewers, and staff of the Civil Enforcement Office of Military Zones and the Civil Enforcement Agency under the Ministry of National Defense shall be regulated by the Minister of National Defense.

Article 47. Service Life, Distribution, and Use of Enforcement Uniforms, Insignias, and Badges

1. Service life of uniforms

a) Winter outerwear: 01 set every 03 years;

b) Winter coat: 01 piece every 03 years;

c) Winter thermal jacket: 01 piece every 03 years, provided to officials in units located north of Thua Thien Hue and in the Central Highlands region;

d) Spring and summer outerwear: 02 sets every 02 years;

đ) Long-sleeved shirt: 01 piece every 01 year;

e) Leather shoes: 01 pair every 01 year;

g) Leather belt: 01 piece every 01 year;

h) Leather sandals: 01 pair every 01 year;

i) Socks: 02 pairs every 01 year;

k) Necktie: 02 pieces every 02 years;

l) Raincoat: 01 piece every 01 year;

m) Kepi hat: 01 piece every 02 years;

n) Enforcement helmet: 01 piece every 02 years;

o) Leather document case: 01 piece every 02 years.

2. Issuance and Use of Uniforms:

a) Enforcement officers, execution reviewers, and civil enforcement officials shall be provided with uniforms according to the service life specified in Clause 1 of this Article. For winter outerwear and spring and summer outerwear, they will initially be provided with 02 sets; for long-sleeved shirts, they will initially be provided with 02 pieces.

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

3. Enforcement officers, execution reviewers, and officials shall be provided with insignias and badges for use over a period of three years, with initial provision of 02 sets. Upon expiration of the service life, new insignias and badges shall be issued. When there is a change in position or title, or if the insignia or badge is lost or damaged, a new one shall be issued. When transferring to another job, enforcement officers, execution reviewers, and officials must return their insignias and badges to the head of the enforcement agency where they work.

Chapter IV

TRANSITIONAL PROVISIONS AND IMPLEMENTATION PROVISIONS

Section 1. TRANSITIONAL PROVISIONS

Article 48. Selection and Appointment of Enforcement Officers Without Examination

1. The system of selection and appointment of enforcement officers without examination shall be applied when the following conditions are met:

a) Local civil enforcement agencies at the district level, which are not provincial capitals, have a regional allowance coefficient of 0.3 or higher, located in remote, mountainous, and island areas;

b) The person selected for appointment as an enforcement officer commits to working at the civil enforcement agency mentioned in Clause 1 of this Article for at least 05 years;

c) The application period for the above provisions runs from July 1, 2009 to June 30, 2014.

The appointment and dismissal of enforcement officers in cases stipulated herein shall be decided by the Minister of Justice based on the recommendation of the Enforcement Officer Selection Council.

2. Based on Clause 1 of this Article, the Minister of Justice shall submit to the Prime Minister for decision the list of civil enforcement agencies eligible for the selection and appointment of enforcement officers without examination.

Article 49. Selection Council for Enforcement Officers

1. The selection council for enforcement officers of local civil execution agencies shall be established at the provincial level.

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 stipulate the operational regulations of the selection council for enforcement officers of local civil execution agencies.

Article 50. Composition, Tasks, and Authorities of the Selection Council for Enforcement Officers of Local Civil Execution Agencies

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

a) Chairperson of the Council: Chairman or one Vice-Chairman of the People's Committee of the province or centrally governed city;

b) Deputy Chairperson of the Council: Director of the Civil Execution Office of the province or centrally governed city;

c) Member: representative of the leadership of the Department of Personnel and Labor, representative of the leadership of the Department of Justice, permanent representative of the Bar Association Provincial Branch or centrally governed city branch.

The Head of the Cadre and Civil Servant Affairs Division of the Civil Execution Office of the province shall serve as secretary to assist the Council;

The list of members of the selection council for enforcement officers of local civil execution agencies shall be decided by the Minister of Justice based on the proposal of the Chairman of the People's Committee of the province or centrally governed city.

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

a) To select persons meeting the criteria specified in Article 18 of the Civil Execution Law and this Decree to become primary-level enforcement officers, intermediate-level enforcement officers, and senior-level enforcement officers, and to propose their appointment to the Minister of Justice;

b) To review and propose to the Minister of Justice the removal of enforcement officers of local civil execution agencies in cases prescribed in Article 19 of the Civil Execution Law.

Article 51. Appointment from County-level Enforcement Officer, Provincial-level Enforcement Officer, Military Zone-level Enforcement Officer to Primary-level Enforcement Officer, Intermediate-level Enforcement Officer, and Senior-level Enforcement Officer

1. The Ministry of Justice shall conduct a review and evaluation of the current staff of enforcement officers in civil execution agencies to consider and appoint from county-level enforcement officer, provincial-level enforcement officer to primary-level enforcement officer, intermediate-level enforcement officer, and senior-level enforcement officer..

The Ministry of National Defense shall conduct a review and evaluation of the current staff of enforcement officers in military zone execution agencies to consider and appoint from military zone-level enforcement officer to primary-level enforcement officer, intermediate-level enforcement officer, and senior-level enforcement officer.

2. From the date this Decree takes effect, those who have been appointed to the positions of county-level enforcement officer, provincial-level enforcement officer, and military zone-level enforcement officer according to the Civil Execution Ordinance 2004 must be reviewed and appointed to the positions of primary-level enforcement officer, intermediate-level enforcement officer, or senior-level enforcement officer. In cases where, due to objective reasons, relevant agencies have not yet reviewed and reappointed according to the Civil Execution Law after the effective date of this Decree, enforcement officers shall continue their previous duties until a new decision is made by the competent authority, but no later than June 30, 2010.

As of July 1, 2010, those who have not been reviewed and appointed to the position of enforcement officer according to the Civil Execution Law must be reassigned to other tasks, except in special cases decided by the Minister of Justice.

3. The application of enforcement officer standards in the cases prescribed in Clause 1 of this Article shall be implemented as follows:

a) Cases being considered for appointment from county-level enforcement officer, provincial-level enforcement officer, and military zone-level enforcement officer to primary-level enforcement officer, intermediate-level enforcement officer, and senior-level enforcement officer must meet the corresponding standards specified in Article 18 of the Civil Execution Law, but it is not necessary to have a training certificate in execution procedures;

b) For cases of enforcement officers who owe standards as prescribed in point b, Clause 2, Article 26 of Decree No. 50/2005/NĐ-CP dated April 11, 2005 of the Government, they will continue to be appointed to the corresponding enforcement officer positions according to the Civil Execution Law. If by June 30, 2010, the enforcement officer still does not have a Bachelor's degree in law, they will be deemed unqualified and must be reassigned to other tasks.

Article 52. Conditions for Appointment from County Enforcement Officer Rank, Provincial Enforcement Officer Rank, Military Zone Enforcement Officer Rank to Junior Enforcement Officer Rank, Intermediate Enforcement Officer Rank, and Senior Enforcement Officer Rank

Clause 1. In cases where individuals have been appointed as County Enforcement Officers and meet the conditions to become Junior Enforcement Officers, they shall be considered for appointment to the Junior Enforcement Officer rank.

Clause 2. In cases where individuals have been appointed as Provincial Enforcement Officers and meet the conditions to become Intermediate Enforcement Officers, they shall be considered for appointment to the Intermediate Enforcement Officer rank.

Clause 3. For cases where individuals were previously Provincial Enforcement Officers but due to organizational requirements were reassigned and appointed as County Enforcement Officers, if they now meet the conditions to become Intermediate Enforcement Officers, they shall be considered for appointment to the Intermediate Enforcement Officer rank.

Clause 4. For individuals currently holding the County Enforcement Officer rank who meet the conditions and standards for appointment as Intermediate Enforcement Officers, they may be considered for appointment to the Intermediate Enforcement Officer rank when meeting the following conditions:

Point a) They are the Head or Deputy Head of the Civil Execution Agency at the county level;

Point b) They have achieved a salary coefficient of 4.32 or higher;

Point c) The unit has a need to appoint them as an Intermediate Enforcement Officer;

Point d) For those not covered under point a of this clause but who are at the highest salary grade of the County Enforcement Officer rank.

Clause 5. For individuals currently holding the Provincial Enforcement Officer rank who meet the conditions and standards for appointment as Senior Enforcement Officers, they may be considered for appointment to the Senior Enforcement Officer rank when meeting the following conditions:

Point a) They are the Head or Deputy Head of the Civil Execution Agency at the provincial level;

Point b) They have achieved a salary coefficient of 6.10 or higher;

Point c) The unit has a need to appoint them as a Senior Enforcement Officer;

Clause 6. For appointments from Military Zone Enforcement Officers to Junior Enforcement Officers, Intermediate Enforcement Officers, and Senior Enforcement Officers, such appointments shall be carried out in accordance with the regulations of the Ministry of Justice and the Ministry of National Defense.

Article 53. Reappointment of Heads and Deputy Heads of Civil Execution Agencies

Clause 1. The Ministry of Justice shall conduct reviews and evaluations of the Heads and Deputy Heads of Civil Execution Agencies to consider and reappoint them in accordance with the provisions of the Civil Execution Law and this Decree.

Clause 2. Individuals currently serving as Heads or Deputy Heads of Civil Execution Agencies who have not yet completed their term of appointment shall be considered and reappointed as Heads or Deputy Heads of Civil Execution Agencies. The period for consideration and reappointment for the next term shall be calculated from the date of the previous appointment decision until five years have passed.

Clause 3. Individuals reappointed as Heads or Deputy Heads of Civil Execution Agencies as stipulated in Clauses 2 and 3 of this Article must meet the qualifications of Heads and Deputy Heads of Civil Execution Agencies as prescribed in this Decree.

In cases where the Head or Deputy Head of a Civil Execution Agency is still within their term but due to limited capacity or other reasons cannot fulfill the duties of a Head or Deputy Head of a Civil Execution Agency, the Director of the Civil Execution General Department shall advise the Minister of Justice to appoint someone who meets the necessary conditions to replace them.

Mục 2. IMPLEMENTING PROVISIONS

Article 54. Effective Date

1. This Decree takes effect from November 1, 2009.

This Decree replaces Government Decree No. 50/2005/NĐ-CP dated April 11, 2005 on civil enforcement agencies, civil enforcement offices, and civil enforcement officers. Previous provisions contrary to this Decree are abolished.

2. Amend Clause 14, Article 3 of Government Decree No. 93/2008/NĐ-CP dated August 22, 2008 on the functions, tasks, powers, and organizational structure of the Ministry of Justice as follows: "The Civil Enforcement Office shall be renamed the Civil Enforcement General Department."

Article 55. Responsibilities for Guidance and Implementation

1. The Minister of Justice and the Minister of National Defense within their respective spheres of responsibility shall be responsible for detailing and guiding the implementation of the Articles and Clauses assigned in this Decree; providing necessary guidance on other aspects of this Decree to meet state management requirements.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally administered cities are responsible for implementing this Decree./.