CHƯƠNG II Luật thi hành án dân sự 2008: Hệ thống tổ chức thi hành án dân sự và chấp hành viên

Chapter II.

THE ORGANIZATIONAL SYSTEM OF CIVIL JUDGMENT ENFORCEMENT AGENCIES AND ENFORCERS

Article 13. The organizational system of civil judgment enforcement agencies

The organizational system of civil judgment enforcement agencies consists of:

1. Civil judgment enforcement management agencies:

a/ The civil judgment enforcement management agency of the Justice Ministry;

b/ The civil judgment enforcement management agency of the Defense Ministry.

2. Civil judgment enforcement agencies:

a/ Civil judgment enforcement agencies of provinces and centrally run cities (below collectively referred to as provincial-level civil judgment enforcement agencies);

b/ Civil judgment enforcement agencies of rural districts, urban districts, towns or provincial cities (below collectively referred to as district-level civil judgment enforcement agencies);

c/ Judgment enforcement agencies of military zones or equivalent levels (below collectively referred to as military zone-level judgment enforcement agencies).

The Government shall specify tasks and powers of civil judgment enforcement management agencies; and names and specific organizational structures of civil judgment enforcement agencies.

Article 14. Tasks and powers of provincial-level civil judgment enforcement agencies

1. To manage and direct civil judgment enforcement in their respective provinces or centrally run cities, covering:

a/ Assuring the uniform application of law on civil judgment enforcement;

b/ Directing civil judgment enforcement activities of district-level civil judgment enforcement agencies; providing professional guidance on civil judgment enforcement to enforcers and other civil servants of civil judgment enforcement agencies in their localities;

c/ Inspecting civil judgment enforcement activities of district-level civil judgment enforcement agencies;

d/ Reviewing the practical civil judgment enforcement work; making statistics and reports on civil judgment enforcement work under the guidance of the civil judgment enforcement management agency of the Justice Ministry.

2. To directly organize enforcement of judgments and rulings under Article 35 of this Law

3. To compile dossiers of request for exemption from or reduction of the obligation to execute civil judgments; to coordinate with police offices in compiling dossiers of request for remission or commutation of imprisonment sentences and amnesty for persons obliged to execute civil judgments who are serving imprisonment sentences.

4. To settle complaints and denunciations about civil judgment enforcement under their competence under this Law.

5. To manage civil servants, material foundations, funding sources and equipment for operation of local civil judgment enforcement agencies under the guidance and direction of the civil judgment enforcement management agency of the Justice Ministry.

6. To assist provincial-level People’s Committees in performing their responsibilities and exercising their powers under Clauses 1 and 2, Article 173 of this Law.

7. To report on civil judgment enforcement to provincial-level People’s Councils upon request.

Article 15. Tasks and powers of military zone-level judgment enforcement agencies upon request.

1. To directly organize the enforcement of judgments and rulings under Article 35 of this Law.

2. To review the practical civil judgment enforcement work according to their competence; making statistics and reports on civil judgment enforcement work under the guidance of the judgment enforcement management agency of the Defense Ministry.

3. To settle complaints and denunciations about judgment enforcement under their competence under this Law.

4. To coordinate with functional agencies of military zones in managing cadres, material foundations, funding sources and equipment for operation of military zone-level civil judgment enforcement agencies under the guidance and direction of the judgment enforcement management agency of the Defense Ministry.

5. To compile dossiers of request for exemption from or reduction of the obligation to execute civil judgments; to coordinate with the imprisonment sentence enforcement agency in the Army in compiling dossiers of request for remission or commutation of imprisonment sentences and amnesty for persons obliged to execute civil judgments who are serving imprisonment sentences.

6. To assist commanders of military zones and equivalent levels in performing their tasks and exercising their powers specified in Clause 1, Article 172 of this Law.

Article 16. Tasks and powers of district-level civil judgment enforcement agencies

1. To directly organize the enforcement of judgments and rulings under Article 35 of this Law.

2. To settle complaints and denunciations about civil judgment enforcement under their competence under this Law.

3. To manage civil servants, material foundations, funding sources and equipment assigned to them for operation under the guidance and direction of provincial-level civil judgment enforcement agencies.

4. To make statistics and reports on civil judgment enforcement work under law and the guidance of provincial-level civil judgment enforcement agencies.

5. To compile dossiers of request for exemption from or reduction of the obligation to execute civil judgments.

6. To assist district-level People’s Committees in performing their tasks and exercising their powers under Clauses 1 and 2, Article 174 of this Law.

7. To report on civil judgment enforcement to People’s Councils when so requested.

Article 17. Enforcers

1. Enforcers are persons tasked by the State to enforce judgments and rulings prescribed in Article 2 of this Law. Enforcers have three ranks: junior enforcer, intermediate-level enforcer and senior enforcer.

2. Enforcers shall be appointed by the Justice Minister.

3. The Government shall specify the order of and procedures for selection examination and appointment of enforcers.

Article 18. Criteria for appointment of enforcers

1. Vietnamese citizens who are loyal to the Fatherland, honest, non-corruptible, possess good ethical quality and a law bachelor or higher degree, and have good health to fulfill assigned tasks may be appointed as enforcers.

2. Persons who fully satisfy the criteria specified in Clause 1 of this Article, and the following conditions may be appointed as junior enforcers:

a/ Having been engaged in legal work for 3 years or more;

b/ Having been trained in civil judgment enforcement profession;

c/ Passing the examination for selection of junior enforcers.

3. Persons who fully satisfy the criteria specified in Clause 1 of this Article, and the following conditions may be appointed as intermediate-level enforcers:

a/ Having worked as junior enforcers for 5 years or more;

b/ Passing the examination for selection of intermediate-level enforcers.

4. Persons who fully satisfy the criteria specified in Clause 1 of this Article, and the following conditions may be appointed as senior enforcers:

a/ Having worked as intermediate-level enforcers for 5 years or more;

b/ Passing the examination for selection of senior enforcers.

5. Persons who fully satisfy the criteria specified in Clause 2 of this Article and are army officers in active service may be appointed as military enforcers.

Criteria for persons to be appointed as military junior enforcers, intermediate-level enforcers and senior enforcers are as specified in Clauses 2, 3 and 4 of this Article.

6. Incumbent judges, procurators and investigators who are transferred to civil judgment enforcement agencies may be appointed as enforcers of equivalent ranks without having to take examination.

7. In special cases specified by the Government, persons who fully satisfy the criteria specified in Clause 1 of this Article and have been engaged in legal work for 10 years or more or 15 years or more may be appointed as intermediate-level or senior enforcers, respectively.

Article 19. Relief from duty of enforcers

1. Enforcers will be automatically relieved from duty in case they retire or are transferred to other agencies.

2. The Justice Minister shall consider and decide on relief from duty of enforcers in the following cases:

a/ They are unable to fulfill their tasks due to family circumstances or poor health;

b/ Their professional qualifications and capacity are insufficient for fulfilling their tasks or they no longer satisfy the criteria for enforcers for other reasons.

3. The Government shall specify the order of and procedures for relief from duty of enforcers.

Article 20. Tasks and powers of enforcers

1. To promptly organize the enforcement of judgments or rulings assigned to them; to issue judgment enforcement decisions according to their competence.

2. To strictly enforce contents of judgments or rulings; to correctly apply legal provisions on the order of and procedures for judgment enforcement, ensuring the interests of the State and the rights and legitimate interests of involved parties and persons with related interests and obligations; and to strictly observe regulations on standard professional ethics of enforcers.

3. To summon involved parties and persons with related interests and obligations for judgment enforcement.

4. To verify assets and judgment execution conditions of judgment debtors; to request concerned agencies, organizations and individuals to supply documents for the verification of addresses and assets of judgment debtors or coordinate with concerned agencies in handling material evidence, assets and other matters related to judgment enforcement.

5. To decide on the application of measures to secure judgment enforcement and coercive measures to enforce judgments; to work out plans on coercive judgment enforcement; and to confiscate assets for judgment enforcement.

6. To request under law police offices to detain persons resisting the judgment enforcement.

7. To make written records of violations of the law on judgment enforcement; to impose administrative sanctions according to their competence; to propose competent agencies to discipline or administratively sanction violators or examine violators for penal liability.

8. To decide on the application of coercive measures to recover money and assets already paid to involved parties in contravention of law, collect judgment enforcement charges and other amounts payable by involved parties.

9. To use support tools while on duty under the Governments regulations.

10. To perform other tasks assigned by heads of judgment enforcement agencies.

When performing their tasks or exercising their powers, enforcers shall comply with law and take responsibility before law for judgment enforcement and have their lives, health, honor, dignity and prestige protected by law.

Article 21. Prohibitions on enforcers

1. Prohibitions on civil servants as prescribed by law.

2. Providing advice to involved parties and persons with related interests and obligations, leading to unlawful judgment enforcement.

3. Illegally intervening in the handling of cases subject to judgment enforcement or abusing one’s influence to affect persons responsible for judgment enforcement.

4. Illegally using material evidence, money and assets involved in judgment enforcement.

5. Enforcing judgments related to their own rights and interests and those of the following persons:

a/ Their spouses, blood children or adopted children;

b/ Their blood parents, adoptive parents, paternal or maternal grandparents, uncles, aunts, and blood siblings or those of their spouses;

c/ Nephews and nieces whose blood parents are their blood siblings.

6. Using their enforcer cards, uniforms and badges or support tools in conducting activities beyond their assigned tasks and vested powers.

7. Harassing or troubling individuals, agencies or organizations in the course of judgment enforcement.

8. Intentionally enforcing judgments or rulings in violation of their contents; delaying or prolonging the enforcement of judgments assigned to them without adequate legal grounds.

Article 22. Heads and deputy heads of civil judgment enforcement agencies

1. Heads and deputy heads of civil judgment enforcement agencies shall be appointed among enforcers and relieved from duty by the Justice Minister. Heads and deputy heads of judgment enforcement agencies in the Army shall be appointed and relieved from duty by the Defense Minister.

2. The Government shall specify criteria, order and procedures for appointing and relieving from duty heads and deputy heads of civil judgment enforcement agencies and judgment enforcement agencies in the Army.

Article 23. Tasks and powers of heads and deputy heads of civil judgment enforcement agencies

1. Heads of civil judgment enforcement agencies have the following tasks and powers:

a/ To issue judgment enforcement decisions according to their competence;

b/ To manage and direct judgment enforcement activities of civil judgment enforcement agencies;

c/ To request agencies, organizations and individuals to collaborate in organizing judgment enforcement;

d/ To request agencies which have made judgments or rulings to be enforced to explain in writing unclear or impractical points in these judgments or rulings for enforcement;

e/ To propose competent persons to make protests according to cassation or reopening procedures against judgments or rulings under law;

f/ To respond to recommendations or protests of procuracies; to settle complaints and denunciations about judgment enforcement or sanction administrative violations according to their competence; and to request competent state agencies to discipline or sanction administrative violators or examine violators for penal liability;

g/ To perform the tasks and exercise the powers of enforcers;

h/ To report and make statistics on judgment enforcement;

i/ Heads of provincial-level civil judgment enforcement agencies may transfer or professionally guide enforcers and civil servants of their agencies or district-level civil judgment enforcement agencies in their localities or direct and inspect their judgment enforcement activities and other jobs under the guidance and direction of the civil judgment enforcement agency of the Justice Ministry.

2. Deputy heads of judgment enforcement agencies shall perform tasks and exercise powers as assigned or authorized by heads of these agencies and be held accountable for assigned jobs.

Article 24. State payrolls, funding and material foundations of civil judgment enforcement agencies

The State shall assure payrolls, funding, working offices and support tools, information technology and other necessary means and equipment for civil judgment enforcement agencies.

Article 25. Uniform, badges and entitlements of civil servants engaged in civil judgment enforcement

Enforcers, verifiers and other civil servants engaged in civil judgment enforcement will be provided with uniforms and badges to wear while on duty, enjoy salaries and allowances suitable to their professions and other preferential entitlements under the Government’s regulations.