Circular No. 96/2016/TT-BQP on inspection work and business forms for civil enforcement in the military.

BASED ON THE CIVIL ENFORCEMENT LAW NO. 26/2008/QH12 OF NOVEMBER 14, 2008, AS AMENDED AND COMPLEMENTED WITH SOME ARTICLES BY LAW NO. 64/2014/QH13 OF NOVEMBER 25, 2014;

BASED ON THE DECREE NO. 62/2015/NĐ-CP OF JULY 18, 2015 ISSUED BY THE GOVERNMENT PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CIVIL ENFORCEMENT LAW;

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

CONSIDERING THE PROPOSAL OF THE DIRECTOR OF THE MINISTRY OF NATIONAL DEFENSE’S ENFORCEMENT AGENCY;

THE MINISTER OF NATIONAL DEFENSE ISSUES THE CIRCULAR REGULATING THE WORK OF INSPECTION, BUSINESS FORMS, AND RECORD KEEPING OF CIVIL ENFORCEMENT IN THE ARMED FORCES.

PART I

Article 1. Scope of ApplicationThe decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.NG

Article 1. Scope of Regulation

THIS CIRCULAR REGULATES THE WORK OF INSPECTION, BUSINESS FORMS, AND RECORD KEEPING OF CIVIL ENFORCEMENT IN THE ARMED FORCES.

Article 2. Applicability

THIS CIRCULAR APPLIES TO THE MINISTRY OF NATIONAL DEFENSE’S ENFORCEMENT AGENCY (HEREINAFTER REFERRED TO AS THE ENFORCEMENT AGENCY), THE CIVIL ENFORCEMENT DEPARTMENT AT MILITARY REGION COMMANDS (HEREINAFTER REFERRED TO AS THE CIVIL ENFORCEMENT DEPARTMENT), OFFICERS AND STAFF ENGAGED IN CIVIL ENFORCEMENT WORK IN THE ARMED FORCES; AND OTHER ORGANIZATIONS, UNITS, ENTITIES, AND INDIVIDUALS RELATED THERETO.

Article 3. General Principles

1. THE INSPECTION WORK OF CIVIL ENFORCEMENT IN THE ARMED FORCES MUST BE TIMELY, TRANSPARENT, DEMOCRATIC, OBJECTIVE, AND IN ACCORDANCE WITH THE LAW; ENSURING THE NORMAL OPERATIONS OF THE UNIT OR INDIVIDUAL UNDER INSPECTION. THE INSPECTION MUST RESULT IN A CONCLUSION ON THE CONTENTS INSPECTED.

2. THE BUSINESS FORMS OF CIVIL ENFORCEMENT IN THE ARMED FORCES MUST BE UNIFIED IN THE PROCESS OF ORGANIZING THE ENFORCEMENT OF JUDGMENTS AND DECISIONS IN ACCORDANCE WITH THE CIVIL ENFORCEMENT LAW AND THE PROVISIONS OF THIS CIRCULAR.

Chapter II

INSPECTION WORK AND BUSINESS FORMS

Section 1

INSPECTION WORK

ARTICLE 4. INSPECTION REGIME

1. ANNUAL REGULAR INSPECTION

a) THE ENFORCEMENT AGENCY SHALL INSPECT ALL ASPECTS OF CIVIL ENFORCEMENT WORK OF THE CIVIL ENFORCEMENT DEPARTMENTS.

b) THE CIVIL ENFORCEMENT DEPARTMENT SHALL INSPECT ITS SUBORDINATE OFFICERS AND STAFF.

2. SPOT CHECKS AND SPECIAL TOPIC INSPECTIONS

a) THE ENFORCEMENT AGENCY SHALL CONDUCT SPOT CHECKS UPON REQUEST FROM AUTHORITIES WITH COMPETENT AUTHORITY, WHEN THERE ARE SIGNS OF VIOLATIONS BY OFFICERS AND STAFF ENGAGED IN CIVIL ENFORCEMENT WORK OR TO SERVE MANAGEMENT, GUIDANCE, AND DIRECTION OF CIVIL ENFORCEMENT WORK.

b) THE CIVIL ENFORCEMENT DEPARTMENT SHALL CONDUCT SPOT CHECKS UPON REQUEST FROM AUTHORITIES WITH COMPETENT AUTHORITY OR WHEN THERE ARE SIGNS OF VIOLATIONS BY ITS SUBORDINATE OFFICERS AND STAFF.

ARTICLE 5. INSPECTION PLAN

1. BASIS FOR ESTABLISHING THE INSPECTION PLAN

a) DIRECTIVES FROM THE MINISTRY OF NATIONAL DEFENSE, THE ENFORCEMENT AGENCY, THE MILITARY REGION COMMAND, OR EQUIVALENT BODIES, OR UPON REQUEST FROM AUTHORITIES WITH COMPETENT AUTHORITY;

b) THE YEARLY WORK PLAN; THE CASE RESOLUTION PLAN; THE QUANTITATIVE TARGETS FOR CIVIL ENFORCEMENT TASKS ASSIGNED TO THE UNIT OR INDIVIDUAL; AND THE RESULTS OF THE WORK OF THE UNIT OR INDIVIDUAL UNDER INSPECTION IN PREVIOUS YEARS.

2. ESTABLISHING THE INSPECTION PLAN

a) TIME FOR ESTABLISHING THE INSPECTION PLAN: ANNUALLY, THE ENFORCEMENT AGENCY SHALL ISSUE THE INSPECTION PLAN FOR THE CIVIL ENFORCEMENT DEPARTMENTS; THE HEAD OF THE CIVIL ENFORCEMENT DEPARTMENT SHALL ISSUE THE INSPECTION PLAN FOR HIS UNIT. THE INSPECTION PLAN MUST BE COMPLETED BY THE END OF JANUARY OF THE CALENDAR YEAR.

b) CONTENTS OF THE INSPECTION PLAN INCLUDE: PURPOSES AND REQUIREMENTS; CONTENTS TO BE INSPECTED; TIME AND OBJECTS OF INSPECTION; SUPPORTING WORK AND IMPLEMENTATION ORGANIZATION.

c) THE INSPECTION PLAN OF THE ENFORCEMENT AGENCY SHALL BE REPORTED TO THE MINISTRY OF NATIONAL DEFENSE AND SENT TO THE MILITARY REGION COMMAND AND EQUIVALENT BODIES, AND THE CIVIL ENFORCEMENT DEPARTMENTS; THE INSPECTION PLAN OF THE CIVIL ENFORCEMENT DEPARTMENT SHALL BE REPORTED TO THE ENFORCEMENT AGENCY AND THE MILITARY REGION COMMAND AND EQUIVALENT BODIES.

Article 6. Issuing inspection decisions

1. Issuing inspection decisions

a) The Director of the Enforcement Agency shall issue inspection decisions for the Enforcement Office;

b) The Head of the Enforcement Office shall issue inspection decisions for staff under their authority.

2. Contents of the inspection decision include:

a) Formation of the inspection team;

b) Unit or individual to be inspected;

c) Content of the inspection;

c) Inspection period; time to conduct the inspection; time to work with the Military Zone Command and equivalent agencies and related agencies, if applicable;

d) Responsibilities of the inspection team, units, and individuals to be inspected.

3. Sending inspection decisions

a) For regular inspections: At least 10 days before the inspection date, the inspection decision shall be sent to the Military Zone Command and equivalent agencies, the Enforcement Office, and relevant individuals;

b) For surprise inspections and specialized inspections: At least three working days before the inspection date, the inspection decision shall be sent to the Military Zone Command and equivalent agencies, the Enforcement Office, and relevant individuals.

Article 7. Content of Inspections

1. Content of regular inspections includes:

a) Results of administrative judicial work;

b) Implementation of procedures and application of laws on civil enforcement;

c) Results of achieving civil enforcement targets assigned;

d) Civil enforcement files;

e) Specific cases of civil enforcement that need to be inspected;

f) Work on collecting, disbursing civil enforcement funds, using operational funds, managing assets, and equipping at higher levels;

g) Results of receiving citizens, handling complaints, reports, suggestions, requests, reflections; resolving complaints and reports about civil enforcement; responding to recommendations and protests from the Military Prosecutor's Office;

h) Construction work of the Department; competition and commendation activities of the Department.

2. Content of surprise inspections and specialized inspections: Based on the inspection requirements stipulated in Clause 2, Article 4 of this Circular, the authorized person determines the inspection content in the inspection decision.

Article 8. Conducting Inspections

1. Directly inspect records, files, and reports, explanations of the inspected entity.

2. If necessary, the inspection team conducts verification and investigation to clarify issues related to the inspection content.

3. During the inspection process, if there are contents requiring clarification beyond those specified in the inspection decision, promptly report to the authorized person for consideration and decision.

Article 9. Inspection Conclusions and Compliance with Inspection Conclusions

1. Inspection conclusion

a) Within 10 days from the end of the inspection, the authorized person issues the inspection conclusion;

b) Content of the inspection conclusion: Evaluation of achievements, limitations, shortcomings, causes; requirements for rectification, handling, and recommendations for handling within the scope of authority; guidance and direction on solving certain issues for the inspected unit and individual;

c) The inspection conclusion is sent to the Military Zone Command and equivalent agencies, the inspected unit, and individual.

2. Implementation of inspection conclusions

Within 15 days from the receipt of the inspection conclusion document, the inspected unit and individual must draw lessons learned, implement the requirements in the inspection conclusion, and report the results of compliance with the inspection conclusion to the authorized person who issued the inspection conclusion.

3. Archiving Inspection Files

The Enforcement Agency and the Enforcement Office complete the civil enforcement inspection files and archive them according to state regulations and the Ministry of Defense.

Section 2

MODEL FORMS

Article 10. Business Forms

1. Business forms for civil enforcement in the Military shall have names, types, numbers, symbols, including:

a) Sample books, case file covers for civil enforcement, lists of persons subject to enforcement who have not yet met the conditions for enforcement; various types of books using A3 paper size, case file covers using paper size with dimensions of 320mm x 525mm (Annex I);

b) Sample decisions on civil enforcement; decisions on handling complaints and denunciations; inspection decision, using A4 paper size (Annex II);

c) Sample business papers for civil enforcement; inspection plans, inspection conclusions, denunciation content conclusions, using A4 paper size (Annex III).

2. The system of business forms and accounting books for civil enforcement shall be implemented in accordance with the laws on civil enforcement, regulations of the Ministry of Finance, and the Ministry of National Defense.

3. The system of business forms for state compensation work in civil enforcement activities shall be implemented in accordance with the laws on state compensation and regulations of the Ministry of National Defense.

Article 11. Responsibilities for printing, distribution; establishment, management, and use of business forms

1. The Civil Enforcement Department shall print and distribute books and case file covers for civil enforcement; provide electronic files of business forms for civil enforcement to the Civil Enforcement Offices.

2. The Civil Enforcement Office shall establish, manage, and fully utilize all types of books; retain and use electronic files of business forms for civil enforcement issued together with this Circular.

Article 12. Recording of business forms

1. Recording of business forms must ensure accuracy; handwriting must be clear, complete, in the same ink color, without abbreviations or symbols, no erasing, no use of local language terms.

a) Books on civil enforcement must be closed quarterly, every six months, and at the end of the business year; the registration book for civil enforcement must be closed monthly. If there are no civil enforcement transactions during a period, it does not need to be closed. Closing is done by drawing a horizontal line across the page below the last entry number using a pen of a different color. The closing content must be reflected completely and accurately in the columns of the book; signed by the person closing the book and confirmed by the Head of the Civil Enforcement Office.

Accounting books for civil enforcement, books tracking evidence, seized assets, temporarily detained assets, in addition to the signature of the person closing the book and confirmation by the Head of the Civil Enforcement Office, must also have the signatures of relevant responsible persons such as accountants, warehouse keepers, cashiers.

b) Case file covers for civil enforcement must be filled out completely in all columns and sections; if they are damaged or faded, new covers must be replaced and the contents of the old cover must be fully transferred to the new cover.

c) Page numbering must be applied to multi-page minutes, crossing out unused space at the end of the recording.

d) Other business forms must apply information technology, content typed and printed by computer.

2. Amending recorded content in business forms

a) If books on civil enforcement need correction, the incorrect or mistaken content must be crossed out horizontally in the middle; signed and stamped by the Head of the Civil Enforcement Office.

b) If there are errors in decisions on civil enforcement, they shall be handled according to Article 37 of the Law on Civil Enforcement amended and supplemented in 2014.

c) For notifications, notices, summonses, inspection decisions, decisions on handling complaints, inspection conclusions, conclusions on handling denunciations regarding civil enforcement... that have been issued, if there are errors but do not change the essence of the matter, the authorized person must correct them in writing; if the errors change the essence of the matter, they must be recalled and replaced with new documents.

d) For minutes containing errors that need correction, if the participants listed in the minutes agree to direct corrections, the person preparing the minutes must directly correct the errors on the minutes, and the participants must sign next to the corrected part. If the participants disagree with direct corrections, a replacement minute must be prepared.

Article 13. Establishment and storage of enforcement case files

The establishment of enforcement case files, numbering volumes, organizing documents, and archiving shall be carried out in accordance with the laws on civil enforcement and the regulations of the Ministry of National Defense.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from August 15, 2016; the Circular No. 106/2010/TT-BQP dated August 13, 2010 of the Minister of National Defense on inspection work related to civil enforcement in the military and the Circular No. 130/2013/TT-BQP dated July 24, 2013 of the Minister of National Defense on management and use of model books and business forms for civil enforcement in the military are hereby abolished.

Article 15. Responsibility for Implementation

1. The Chief of General Staff, Commanders of Military Regions and equivalent positions, Directors of the Department of Enforcement under the Ministry of National Defense, Heads of Enforcement Departments at Military Region levels, and commanders of agencies, units, organizations, and individuals related to civil enforcement in the military shall be responsible for implementing this Circular.

2. The Director of the Department of Enforcement under the Ministry of National Defense shall be responsible for deploying and guiding the implementation of this Circular./.