Decision No. 86/2006/QĐ-BQP on the Reporting System for Civil Enforcement Work in the Military

Pursuant to …;

Regulations on Reporting System

for civil enforcement work in the military

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MINISTER OF NATIONAL DEFENSE

Based on the Law on Legislative Acts issued on November 12, 1996; amended and supplemented on December 16, 2002;

Based on the Ordinance on Civil Enforcement issued on January 14, 2004;

Based on Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Civil Enforcement Department under the Ministry of National Defense.

Pursuant to …;

Article 1. Scope of Regulation

This Decision stipulates the reporting system for civil enforcement work in the military, with the reporting subjects being Civil Enforcement Units at Military Regions and Naval Zones (hereinafter referred to as Civil Enforcement Units at Military Region level); the receiving agencies are Commanders of Military Regions and Naval Zones and the Civil Enforcement Department under the Ministry of National Defense.

The scope of reporting on civil enforcement work includes the entire situation and results of activities of Civil Enforcement Units at Military Region level during the process of organizing the enforcement of court judgments and decisions in accordance with the provisions of the Ordinance on Civil Enforcement.

Article 2. Types of Reports

1. Report on the plan for civil enforcement work.

2. Report on the situation of civil enforcement work.

3. Statistical report on civil enforcement work.

4. Report on handling complaints and denunciations in civil enforcement.

5. Ad hoc report.

6. Special topic report.

Article 3. Reporting Period

The reporting period is a fixed time frame within which the reporting subject must submit reports on the situation and results of their activities according to the prescribed content for each type of report. The reporting period is calculated based on the Gregorian calendar, including:

1. Monthly Report

Monthly reports are calculated from the first day to the last day of the month.

2. Quarterly reports

Quarterly reports are calculated from the first day of the first month of the reporting period to the last day of the third month of that reporting period.

3. Mid-Year Report

Semi-annual reports are calculated from the first day of the first month of the reporting period to the last day of the sixth month of that reporting period.

4. Nine-month reports

Nine-month reports are calculated from the first day of the first month of the reporting period to the last day of the ninth month of that reporting period.

5. Annual reports

Annual reports are calculated from the first day of the first month of the reporting period to the last day of the twelfth month of that reporting period.

Article 4. Implementation of Reports

1. Report on the plan for civil enforcement work

a) The annual plan report for civil enforcement work is conducted once a year; supplementary plan reports for civil enforcement work are conducted once during the semi-annual reporting period.

b) The plan report for organizing forced execution of major and complex cases is conducted according to the requirements of civil enforcement cases in the year.

2. Report on the situation of civil enforcement work

a) Monthly reports are conducted twelve times a year;

b) Quarterly, semi-annual, nine-month, and annual reports are conducted once a year.

October 1st of each year is considered the starting date for implementing the reporting period and reporting system. The civil enforcement work reporting year runs from October 1st of the previous year to September 30th of the following year.

3. Statistical report on civil enforcement work is implemented in accordance with the regulations on the statistical reporting system for civil enforcement work issued together with Decision No. 02/2006/QĐ-BTP dated April 14, 2006 of the Minister of Justice.

4. Report on handling complaints and denunciations in civil enforcement is opened as a separate section in the report on the situation of civil enforcement work.

5. Ad hoc reports and special topic reports are conducted according to the tasks of Civil Enforcement Units at Military Region level or upon request for management by the Civil Enforcement Department under the Ministry of National Defense.

6. Date of preparation and submission of civil enforcement work reports

a) The date of preparation of the report is the last day of the reporting period; the date of submission of the report is the fourth day of the next reporting period.

b) If the last day of the deadline for preparing and submitting the report coincides with a public holiday, Tet holiday, or weekend, then the date of preparation and submission of the report is the next working day immediately following the holiday or weekend.

c) The actual date of submission of the report is the date when the receiving agency receives the report if it is submitted directly, the date stamped on the post office receipt if it is sent by mail, or the date of sending the report by fax or email if it is sent by fax or email (in the case of sending reports by fax or email, the report must be sent in writing to the receiving agency within three days thereafter).

ARTICLE 5. FORM OF REPORTS

Civil enforcement work reports shall be prepared in writing, printed on A4 paper size, and comply fully with the provisions of Circular Joint No. 55/2005/TTLT-BNV-VPCP dated May 6, 2005 of the Government Office and the Ministry of Home Affairs guiding the format of official documents and Decision No. 206/2005/QĐ-BQP dated December 20, 2005 of the Minister of National Defense on the issuance and management of administrative documents (the format of statistical reports on civil enforcement work has specific provisions).

Article 6. Content of Reports

The content of the report requires brevity, high-level summarization, and generalization.

1. Report on the plan for civil enforcement work:

The report on the plan for civil enforcement work includes: annual plan report for civil enforcement work, supplementary annual plan report for civil enforcement work; plan for organizing forced execution of major and complex cases. The requirements of this type of report must be approved by the Commander of the Military Region and sent to the Civil Enforcement Department under the Ministry of National Defense for management, monitoring, guidance on business operations, and inclusion in the annual work plan of the sector. Specific contents are as follows:

For the annual plan report for civil enforcement work and supplementary annual plan report for civil enforcement work, they must specify the number of cases and the value of enforcement in the first three months, six months, nine months, and twelve months.

For the forced execution plan, it must briefly summarize the case details, the enforcement conditions of the parties involved, verified assets; the time and location of forced execution, participating forces, support equipment; anticipated scenarios and measures to handle situations; asset preservation and disposal measures and funding guarantees.

2. Report on the situation of civil enforcement work:

a) Describe the situation in civil enforcement work within the scope of the unit's management functions.

b) Evaluate the implementation of key tasks according to the annual enforcement plan approved by the Military Region Commander; the annual work plan of the sector related to military region-level enforcement; the enforcement work plan of the military region-level enforcement during the reporting period; newly arising enforcement tasks during the reporting period (illustrated with specific data if possible); administrative judicial activities in civil enforcement work.

c) Determine the main tasks or primary directions for the next reporting period, the main activities of the Head of Military Region Enforcement.

d) For semi-annual and annual reports, there must be a section evaluating specific strengths, weaknesses, reasons for these strengths and weaknesses; comparative data with the same period of the previous year.

3. Civil enforcement work statistical report:

The civil enforcement work statistical report is carried out in accordance with the Reporting System for Civil Enforcement Work Statistics issued together with Decision No. 02/2006/QĐ-BTP dated April 14, 2006, of the Minister of Justice.

4. Report on handling complaints and petitions regarding civil enforcement:

Describe the situation of complaints and petitions regarding civil enforcement within the jurisdiction of the military region-level enforcement; evaluate the results of accepting and resolving complaints and petitions; persistent issues and their causes, measures to resolve them thoroughly.

5. Special report:

Used when it is necessary to report urgent matters that the sector needs to grasp to formulate policies and measures for handling; reports seeking guidance on specialized professional matters. This type of report must clearly state:

a) A summary of the event's development and its cause, impact or damage (if any).

b) A summary of the content requiring guidance on specialized professional matters (attached with the case file seeking guidance).

c) Measures already applied for handling, achieved results.

d) Content seeking guidance on specialized professional matters from the Civil Enforcement Bureau of the Ministry of National Defense (with comments from the Military Region Commander).

e) Special reports must be sent to the Civil Enforcement Bureau of the Ministry of National Defense using the fastest method.

6. Special topic report:

Used when reporting the results of developing special topics assigned by the Director of the Civil Enforcement Bureau or reporting after completing a major task or work assigned by the sector.

Article 7. Responsibilities for Organizing Implementation

1. The Civil Enforcement Bureau of the Ministry of National Defense is responsible for guiding, inspecting, and urging the implementation of the reporting system for civil enforcement work of military region-level enforcement; reviewing the statistical reports of enforcement officers and military region-level enforcement. Inspections and reviews of civil enforcement work reports are conducted regularly or urgently, according to the annual work plan of the Civil Enforcement Bureau approved by the Minister of National Defense.

2. The Head of Military Region Enforcement is responsible for implementing the reporting system for civil enforcement work of the military region-level enforcement; guiding, directing, urging, and inspecting enforcement officers on the implementation of the Reporting System for Civil Enforcement Work Statistics issued together with Decision No. 02/2006/QĐ-BTP dated April 14, 2006, of the Minister of Justice.

Article 8. Effective Date

The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Abolish the Reporting System for Civil Enforcement Work Regulation No. 221/QLTHA dated December 21, 2001, of the Civil Enforcement Management Office of the Ministry of National Defense.

Article 9. Responsibility for implementation

The Director of the Civil Enforcement Bureau of the Ministry of National Defense; the Heads of Military Region Enforcement, Naval Forces, and Commanders of relevant agencies and units are responsible for enforcing this Decision./.