Chương 5 Pháp lệnh Thi hành án dân sự năm 2004: Quản lý nhà nước về thi hành án dân sự

Chapter V

THE STATE MANAGEMENT OVER CIVIL JUDGMENT EXECUTION

Article 57.- The State management over civil judgment execution

1. The Government shall perform the uniform State management over civil judgment execution nationwide.

The Justice Ministry shall assist the Government in performing the State management over civil judgment execution. Within the scope of its responsibility, the Justice Ministry shall have the following tasks and powers:

a) To promulgate or submit to the competent agencies for promulgation legal documents on civil judgment execution;

b) To manage civil judgment-executing bodies; to decide on the establishment and dissolution of civil judgment-executing bodies; to appoint, relieve from office and dismiss executors; to implement regimes and policies towards executors, public servants performing the work of civil judgment execution;

c) To provide professional guidance and direction, examine, inspect and handle violations in the work of civil judgment execution; to settle complaints and denunciations about civil judgment execution;

d) To implement the commendation and discipline regime for executors and public servants performing the work of civil judgment execution;

e) To professionally train and foster executors and public servants performing the work of civil judgment execution;

f) To manage material and technical foundations, fundings and means necessary for civil judgment execution work;

g) To enter into international cooperation on civil judgment execution.

2. The Defense Ministry shall coordinate with the Justice Ministry in assisting the Government to perform the State management over civil judgment execution in the army according to the Government's regulations.

Article 58.- Responsibility of the People's Committees of the provinces, centrally-run cities, rural districts, urban districts, provincial capitals, provincial towns for management of civil judgment execution in their respective localities

1. The provincial/municipal People's Committees have the following tasks and powers:

a) To direct the civil judgment execution, request the judgment-executing bodies to report on the judgment execution in the localities;

b) To direct the organization of coercive execution of big and complicated cases affecting local security and political situation;

c) To direct the subordinate People's Committees, judgment-executing bodies and professional agencies to coordinate with relevant local mass organizations in the work of civil judgment execution;

d) To request the judgment-executing bodies to organize the examination and inspection; direct the concerned agencies in coordinated examination and inspection of civil judgment execution in the localities;

e) To nominate presidents or vice-presidents of the provincial/municipal People's Committees to act as chairmen of the Councils for Selection of Executors of the local judgment-executing bodies;

f) To give written opinions on appointment, relief from duty, dismissal of heads and deputy-heads of provincial-level judgment-executing bodies;

g) To decide to commend or propose competent bodies to commend collectives and/or individuals that record achievements in the work of civil judgment execution.

2. The People's Committees of rural districts, urban districts, provincial capitals or towns have the following tasks and powers:

a) To perform the tasks and exercise the powers prescribed at Points a, b, c and d, Clause 1, this Article;

b) To give written opinions on the appointment, relief from duty, dismissal of heads and deputy-heads of the district-level judgment-executing bodies;

c) To decide to commend or propose competent bodies to commend collectives and individuals having achievements in the civil judgment execution work;

d) To direct the People's Committees of communes, wards or district townships to render support to judgment-executing bodies in their work.

3. The local justice offices shall assist the People's Committees of the same level and the superior justice agencies in performing the State management over civil judgment execution.