Decree 62/2015/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Civil Enforcement

Original Language Title: Nghị định 62/2015/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Thi hành án dân sự

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THE GOVERNMENT.
Numbers: 62 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 18, 2015

DECREE

Detailed rules and guidelines for certain conditions

Civil law enforcement law.

________________

Government Law Base December 25, 2001;

Civil Law Enforcement. 26 /2008/QH12 14 November 2008 has been amended, adding a number of things under the Law No. 64 /2014/QH13 November 25, 2014;

On the recommendation of the Minister of Justice,

The government issued a regulatory regulation and guidelines for the implementation of several provisions of the Law Enforcement Law.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This decree rules the details and guidelines that implement some of the provisions of the Digital Law Enforcement Law. 26 /2008/QH12 and the Amendment Law, which complements some of the provisions of the Census Law 64 /2014/QH13 to the procedure of civil execution; the system organizing the body of civil executions, the civil court exam body; the primary administrator, the Senior Executive, the Senior Executive, the Senior Executive (later known as the Executive Officer); the Chief Executive Officer, Judge. The law enforcement officer, the acting high judge (later known as the Judge); the execs of the execution, the clerk of the execution (later known as the Executive Secretary); the Prime Minister, the Deputy Head of the Civil Court; the examination. casting, the selection, appointment of the Executive Officer; tags, support tools, costumes, badgages, badgages and regimes to the Accept of the Executive, Judge, The law enforcement secretary and civil justice execs.

What? 2. Subject applies

This decree applies to the body of civil law enforcement, civil law enforcement agency, civil and agency executor, organization, and other persons involved in civil law enforcement.

What? 3. The responsibility of the People ' s Commission and the agencies, the organization is involved in the civil execution exam

1. Within the jurisdiction of the rule of law, the People's Committee, the Military District, and the equivalent of the responsibility to co-ordinate the conduct and facilitation of the law enforcement agency on the field of law enforcement, the law enforcement of the civil court; It is directed by the authorities to be associated with a civil law enforcement agency to do a good job of managing civil law enforcement operations on the site.

2. The necessary case, at the recommendation of the Minister of Justice, the Prime Minister of the Government to establish a Civil Tribunal for the Doctrine of Civil Affairs to conduct opposition to large, complex execution competitions, have an impact on security, politics, social safety order or related matters. On many levels, many industries, many localities; at the suggestion of the Chief Minister of Civil Affairs of the same level, the Provincial People's Committee, the Central Committee of the Central Committee, the District People's Committee, the county, the town, the city of the province to form the Executive Committee. The civil court for the Chairman of the People's Committee on the same level directed the organization of relevant agencies in the civil court of the country. table; solving problems in time, difficulties arise in coordination; directing the enforcement of the enforcement of large, complex cases, which has an impact on security, politics, social security order in the local area.

The Ministry of Justice presided over, in coordination with the Supreme People's Court, the Supreme People's Control Institute, the Ministry of Public Security, the Ministry of Finance, the Central Committee of the Vietnam National Front to guide the activities of the National Executive Committee.

3. At the end of the 01-year period, since the day of the verdict, the decision to take effect on the law that the agency, the organization, the business to be executed for money, the state-owned property does not require the execution of the law, the agency, the agency's direct management, organization, that business is responsible for directing the requirements of the execution of the execution.

Chapter II

CIVIL EXECUTION PROCEDURE

What? 4. The time of the execution of execution

1. There is also a right to ask for the execution of the court in the time of the execution of the court of law in paragraph 1 Article 30 of the Law Enforcement Act.

2. The case due to the unimpediability or objectiable event that leads to the inability to ask for a sentence of execution in the prescribed period at Clause 1 Article 30 Civil execs Law is at the right to suggest that the Chief Minister of the Civil Court is available. the authority to review, decide on whether to accept or not accept a request for overdue execution.

3. Disability or objectiability event belonging to one of the following cases:

a) The unimpediable event is the case of natural disasters, fire, enemy fire;

b) The objective is that the objective is not to receive a verdict, but not because of their fault; to go to work in the frontier, the island, without requiring the execution of the execution; the accident, illness, the loss of cognitive abilities. of the death that has not yet determined the heir; the united organization, the merger, the split, the split, the dissolution, the dissolution, the shares that have not yet identified the organization, the new individual has the right to ask for the execution of the law by law or by the error of the trial agency, the agency. The execution or agency, the other individual, led to the fact that it was impossible to ask for the execution of the law.

4. The requirement for the execution of the overdue execution by statute 1, 2 and 3 Article 31 The Law of Civil Action, stating the reason, accompanied by a document which proved to be unable to request the execution of the law on time. The document is composed of:

a) For the event of an impossibility event or the death of a person who has not yet identified the heir or due to a local objective, it is not possible to ask for the execution of a law enforcement officer. That person resides in the end or the residence when the event is an unimpediable event, except for the specified case at the points b, c, d, e, and e.

b) For the case of an accident, it is so severe that the perceived loss of cognitive abilities should not be required to require a sentence for the correct execution, and a summary of the case of the disease is given a medical record, treating the disease from the district level to confirmation and the accompanying document, if any;

c) For the case due to a work requirement, it is not possible to require the execution of a valid law enforcement officer, the body or body of the agency, the unit, or the office.

d) For the case due to an error of the trial agency, the law enforcement agency should not be able to ask for the execution of the law to have the confirmation of the body that has given the case, the decision, the law enforcement agency.

In case of merger, merger, division, separation, dissolution, dissolution, antiquities to the organization must have the confirmation of the merger decision, merger, division, separation, dissolution, antiquities.

e) For unimpediable cases, other objective impediability should not be required to require a valid execution of the execution of the competent authority or other legal document to prove it.

The organization's confirmation, the individual has the authority to express its location, content, and time that the event of inpossibility or the objective of being objectiated to the fact that it is impossible to ask for the execution of the law.

5. For the case that paid the execution request before 1 July 2015, which was required to return, the civil law enforcement agency decided to make a decision on the trial and organization of the execution. A requirement for execution of execution pursues to the provisions of Article 31 of the Law Enforcement Act and must accompany the relevant document, the decision to pay the law enforcement request, if any.

The case no longer has a decision to return the law enforcement order, who was given the right to recommend a civil law enforcement agency that had decided to return a petition to the execution of a confirmation of the execution and the rationing of the execution of the execution.

6. The case of a crime is the person who must have executed, their relatives, or the person they authorized to ask for voluntary execution of the law, the execs of the execs when they run out of court order, the law enforcement agency does not decide to restore it. The court order, the court order. In this case, the civil law enforcement agency indicated that the execution of the court corresponds to the amount of money, the property they voluntarily submitted, and the co-founder of the document, the amount of money, the property, the property was the one who had to do the execution, the authorized person, or the body. they submit and inform the execs of the execution.

At the end of the 01-year period, since the date of the valid announcement that the execs did not come to receive money, the property, the body of civil executions, was a state-funded procedure, after the deduction of money, the assets they had to enforce under the trial of the execution. Otherwise, if you do.

What? 5. The execution contest agreement

1. The case of a deal of agreement before a request for execution or has requested but the civil court exam body has not yet decided to enforce the execution, the agreement must form a document stating time, place, agreement content, signature or point of view. Only the parties to the agreement. There is a sense of self-implementation of the agreed content.

In the case of the obligation not to perform the agreed obligations, the time of the law enforcement effect remains, the right to the right to request the execution of the execs for the obligation not to be enforced according to the verdict, the decision.

2. The case of a civil law enforcement agency has decided to enforce the execution, which still has the right to self-agreement. The agreement must clear the time, place, content of the agreement, the deadline for the implementation of the agreement, the legal consequences for the non-implementation or implementation of the agreed content, with the signature or point of the parties involved.

Where the parties do not voluntarily follow the right content, the body of civil law enforcement agency determines the execution of the action and the results have been enforced by the agreement, the incumbent's offer to organize, except for the case of regulation. At the point of Section 1 Article 50 Laws of Civil Action.

3. The case of a civil law enforcement agency is holding the execution of a court that is in agreement about not requiring a civil law enforcement agency to take part or the entire decision to enforce the execution of the body, then the head of the body of civil law enforcement of the civil court. The law enforcement of the agreement is not required to be enforced in accordance with Article 50 of the Law Enforcement Act, except for the case of an agreement that violates the laws of the law, the moral of the society, not the actual, the effect of the law. the legal rights and interests of the third person or to evade execution fees.

Where the above agreement is made after the property has been sold or assigned to another person to execute the execution must be obtained by the buyer's consent or the recipient of the property to the execution of the court.

4. When there is a request, the Executive Officer is responsible for witnessing and signing the letter of agreement in the case of regulation at paragraph 2, paragraph 3 of this Article. The case where the agreement violates the laws of law, the moral of the social virtue, is not true to the reality, which affects the legitimate rights and interests of the third person or to evade execution fees, the Executive has the right to refuse but form a border. And clear the point.

The person who asked the Executive to witness an agreement on the outside of a civil law enforcement agency that gave birth to a cost would pay for the cost of the civil law enforcement agency.

What? 6.

1. The head of the body of civil executions to a decision to enforce a common law for the active part of the action in a sentence, decision, except for the case:

a) In a sentence, the decision to take an account of the return of the money, and the property, shall be made a decision for every person to be executed;

b) In a sentence, it is decided that many different employers have to enforce a common law enforcement decision on the subject of an executive charge against each person to the execution.

2. The law enforcement case, the union obligation, the head of the body of the civil court executed a joint execution sentence for those with the right, obligations of the union.

3. Other revenues for the State stipulate at Point 2 Article 36 The civil law enforcement act of the subject of a decision to enforce the execution includes a tax repayment; the aid to the State and the compensation for the State in the cases of invasion. In terms of economic management, corruption of the crime is particularly severe; the other revenues are directly filed into the state budget.

What? 7. The decision to enforce the execution by request

1. The head of the body of civil executions to a decision to enforce the execution of each law enforcement request. In the case of the sentence, the decision was made to have a person who had to be executed for many of the execs and the authorities at the same time, the Chief Minister of the Court executed a general execution for many requests.

In case many people are given a specific property or a shared sum of money according to the verdict, the decision, but only one or some people have a request for the execution of the law, the body of the body execs for the execution of the civil court. has requested, and informed the other execs under the sentence, the decision known to request the execution of the court for 30 days, since the date of the valid announcement. At the end of the term, if the person is informed not to ask for the execution of the execs, the administrator of the organization shall be given to the property, the money to the person who has requested or the representative of those who have requested to manage. The legal rights and interests of those executed on that property are resolved by agreement or by law.

2. The case after subtracted from the event of an inpossibility or an objective impediability that the time of law enforcement remains, then the Chief Minister of the National Court of the Court execs the decision to enforce the execution of a court of execution. In the case of the expiration of the sentence, the law enforcement agency refused to accept a request for the execution by stipulation at Section 5 Article 31 The Law Enforcement Act, except for the stipulation of Article 6 Article 4 of this decree.

3. The decision to execute the law on the right, the obligation of the union under the provisions of Article 2 Article 6 of this decree.

4. Civil Court enforcement refused to request an execution by a stipulation at the point a 5 Article 31 Laws of civil execution in the case of a sentence, the decision not to specify whether the person should enforce the execution and the obligation to enforce.

What? 8.

1. The execution of the court is the base for the execution of the execs. Each decision was made into an execution court.

For the duration of no more than 2 working days, since the day was assigned, the Executive Board must proceed with the execution of the execution exam.

2. The execution exam must show the full course of the Executive examination of the Executive of the Executive Committee on the execution of the execution, which holds all the documents that have been made and stored under the provisions of the law of storage.

What? 9. Verify conditional execution conditions

1. Upon the verification of the verification, the Executive asks the person to perform an honest manifest, providing sufficient information on the property, income, execution of execution. The manifest content must specify the type, amount of money, property or property rights; cash, money in the account, money is lending, borrowing; the estimated value and the status of each asset type; recurring income level, non-recurring income, place of income; address, The residence of the juvenile is given to other people who are raised; the ability and conditions of the execution of the execution of the law.

The Executive must specify in the confirmation of the execution of the execution of the execution of the account or not to prescribe property, income, execution of execution.

The case of a person who has to execute an uninfatuation or a non-honest prescribation is subject to a degree of violation, the Executive May be able to sanctiate or recommend a person with the authority to dispose of the administrative breach in accordance with the rule of law.

2. The case needs to clarify the information about the property, the residence, the workplace, the office of the person to enforce the execution or other information concerning the execution of the execution, the Chief Minister of the Civil Court can authorize verification of the law enforcement agency. The people in the area have information on it.

The authorization of the body of the civil law enforcement agency must be expressed in writing, stating the authorities, authoritship, authorization, and other necessary content. The head of the body of civil executions where the authorization of the authority to answer with the verified results text and other necessary content for the civil law enforcement agency has authorized verification.

For verification of assets as real estate, the property must register for ownership, the deadline for verification and to submit the results of verification to the authorized civil law enforcement body of 30 days, since the date of the authorized recipient. In the case of verification of hard, complex assets, the deadline for verification and sending the results of the verification may be extended but not more than 45 days, since the date of the authorized recipient.

For the verification of other types of assets and information, the deadline for verification and sending the results verified to the civil law enforcement agency has authorized 15 days, since the date of the authorized recipient.

3. The case has yet to determine the address and property of the person who must be executed or have not yet identified the address of the person who has to enforce the execution, deciding they must take the obligation on their own, the Chief Minister of the Civil Court execs. I mean, there's no such thing as an execution condition. The decision on the unconditional execution of a sentence must be specified by the Section 1 Article 48 of the Law Enforcement Act.

4. During the 5-day period of work, since the date of the specified base at Clause 1 Article 44a Law Enforcement Act, the Chief Executive of the Court execs the decision on the unconditional execution of the law.

In the 10-day period, since the date of receiving the text of the incumbent or the agency, the organization, the other individual provides new information on the condition of the execution of the execs, the Executive Officer must proceed with verification.

After having a decision on the unconditional execution of the law, if the execs are conditional on the execution of the court, the law enforcement agency decides to continue the execution.

5. The civil law enforcement agency moved to its own tracking book for the unconditional examination of the 3-day period of work, since there were enough following the following conditions:

a) It has expired 2 years, since the decision date of the decision not to be filed against the case of the person who is accepting the prison sentence but the remaining jail term for the remainder of 2 years or not to determine the address, the new residence. of the execution of the law, or for the end of 1 year, from the decision of the decision of the execution of the execution;

b) verified at least twice as prescribed in paragraph 2 Article 44 Law Enforcement;

c) There is no new information on the condition of the execution of the execs.

6. The case stipulated at paragraph 5 This, if a person must contest the conditional execution, the civil court exam must hold the execution of the execution.

What? 10. Request for Change Accept

1. Accept at the right to request change of Accept in the following case:

a) In the case of Article 5 of the Law of the Law of the Law,

b) Accept of the officer who joined as the defender of the right and the legitimate interests of the incumbent, who testified in the same case;

c) Accept of delayed execution of execution of execution;

d) There is another base that the Accept of Accept is not as unintanable while on duty.

2. The request for change to the Executive must be established in writing and to send the Chief Executive Officer of the civil court who is serving the case, which states the reason and the base of the request to change the Executive. The case of the Accept of being executed is the Chief Executive Officer of the civil court, who is sending a document to the Chief Minister of the civil court of the civil court or the head of the body of the body of the civil court directly.

3. In the 5-day period of work, since the date of receiving the text required to change the Executive, the Chief Minister of the civil court or the body governing body of civil executions on the above must consider, the decision to change the Executive; the case is not available. The base changes to the Executive Committee, which answers to the person who has requested to change the Executive Committee and specify the reason.

What? 11. The execution of the execs of the execs

1. During the 5-day period of work, since the decision date on the unconditional execution of the execution, the civil court execs publicly posted information about the name, address, the execution of the execs of the execution of the execs on the Electronic Information Page of the United States. The Bureau of Civil Affairs and Integration on the Electronic Information Portal of the President of the Civil Service of the Ministry of Justice of the Ministry of Justice; submitted the decision on the unconditional execution of the law to the Committee of the People's Committee, where it is confirmed to be publicly listed. The listing period publicly decided on the unconditional execution of 3 months, since the date of the listing.

2. In the 3-day period of work, since the date of the confirmation of the change of name, address, obligations, and execution of the execs of the execution of the execution, the civil law enforcement agency has publicly informed the added information, the information and public information. I mean, the content is changing.

3. During the 2 day period of work, since the date of the decision to suspend the execution or have a confirmation text of the execution of the execs of execution, the civil court exam must end the publication of the information on the Site. The Civil Service Enforcement Administration's electronic information to end integration on the Electronic Information Portal of the Civil Service.

During the 2-day period of work, since the day the Social People's Committee received a decision to suspend the execution or have a confirmation text of the execution of the execution of the execution, the Committee on the People's Committee must end its listing. Public service.

4. The State Budget guarantees the funding of the registration, update, supplement, modification, the provision of the person to enforce the unconditional execution of the execution; maintain, maintenance of the Electronic Information Portal, the specified Electronic Information Page at Clap 1 and Clause 2. This.

5. The Justice Department instructs the posting, update, addition, modification, management, exploitation, use, providing the information of the person to enforce the unconditional execution of the execution exam on the Civil Service Enforcement Administration's Electronic Information Portal, Electronic Information Portal. of the Directorate of Civil Service of the Ministry of Justice of the Ministry of Justice; the construction of the national electronic database for civil executions.

What? 12.

1. Direct notice to the incumbent, who has the right to gain, the related obligation is done as follows:

a) Due to the Executive, the civil service execs for the execution of the protocol to inform the person who is informed;

b) Do the postal; the body is authorized by the law; the organization of the people; the village, the village, the village, the hamlet, the village, the merchants, the merchants, the squirt; the People's Committee, the security department; the head of the organ, the head of the organ, the detention facility, the head of the prison, the chief of the body. The civil settlement in which the person is informed has an address, residence, work, and the execution of the prison penalty, which is required to inform the person who is informed.

2. The incumbent case, who has the right to gain, the related obligation required to receive notification by telegram, fax, email or other form the direct notice can be done in that form if it does not impede the enforcement of the execs. A civilian.

3. At the time, the person with the right, the relevant obligation to make changes to the contact address, must promptly inform the civil law enforcement agency that has the authority to hold the execs known to carry out the announcement of the new address. For example, the person with the right, the related obligation not to announce the new address, the specified address to the specified address is considered valid.

4. The incumbent case, who has the right to gain, the obligation involved refusing to accept the notification, the person who makes the direct notice must be compiled, has the signature of the witness and the notice is considered valid.

5. The announcement of the execution of the execution on the mass media implementation by the regulation at Article 43 of the Civil Service Enforcement Act, in addition can be published on the Electronic Information Bureau of the Civil Service, the Attorney General of the Bureau of Civil Affairs. The Civil Service of the Ministry of Justice.

What? 13. Apply the measure of reassuring and coercible execution

1. Accept of the base on the sentence content, decision; decision to execute; properties, levels, execs of the execution; the condition of the execution of the execution; the written request of the incumbent and the actual situation of the locality to choose the pressure. It ' s kind of reassuring, and it ' s an appropriate law enforcement. The law enforcement officer applies the law to the law enforcement of the decision to apply a temporary emergency measure under the provisions of Article 130 of the Civil Executions Law.

The application of reassuring, forced execution of the execution must correspond to the obligation of the executor of the execution and the necessary expenses, except for the stipulation of the Article 4 Article 24 of this decree. The case of a person who has to be executed has only a single asset larger than the obligation to enforce the law that the property cannot be divided or that the division significantly reduces the value of the property, the Administrator still has the right to apply. Guaranteed, coercove to enforce the execution.

2. In addition to the non-organized cases of law enforcement by the Law Enforcement Act, the civil law enforcement agency does not hold enforcement of the execution of force mobiles during the 15-day period before and after the Lunar New Year; media days. For policy subjects, if they are subject to execution; other special cases affect security, politics, social safety, customs, local practices.

3. In the case of necessity, the head of the civil law enforcement reports the chairman of the People ' s Committee on the same level, the Chief Executive of the Military Administrative Office of the Military District Commander, and the equivalent of at least 05 work days before the enforcement of the organization. The practice of large, complex cases, which has an impact on security, politics, social security order at the prescribed site at Clause 1 Article 172, Clause 2 Articles 173, and paragraph 2 Articles 174 of the Law Enforcement Act.

4. The property was delivered on the fact to the recipient of the property and the person signed the receipt, receiving the property but then recaptured the civil law enforcement agency did not have the responsibility to hand over the property to the person who received the property.

The person who has received the property has the right to recommend the People ' s Committee on the estate where the property requires the retaking of the property to return the property to them. If the retaking of the property does not return, the person who has received the property has the right to offer the authority to have the authority to dispose of the administrative breach or to pursue criminal responsibility under the rule of law.

What? 14.

1. The head of the body of civil law indicates a decision to postpone the execution of the court under the stipulation at the point a, point b A Article 48 Law Enforcement Law Enforcement in case of the person to execute the execution must take the obligation on the basis of the sentence itself, the decision.

2. The event that there is another property other than the specified case at the point of Article 1 Article 48 The civil law enforcement agency is the civil law enforcement agency that handles the property for execution.

What? 15. Transfer of rights, duty enforcement

1. Rights, the law enforcement obligation to be transferred to others pursuits to the rule of law on inheritance stipulated in Clause 2 Article 54 The civil execution law execs as follows:

a) The case of the enforcement of the obligation to return the property to which the executor has died, but someone who is directly administered, using that asset, the civil court exam is set for 30 days, since the date of a valid notice, to the manager, using his property to the executor of the executor of the executor of the executor. At the end of this period, they did not execute the civil law enforcement agency, including the coercitor of the property to the law enforcement.

b) The case of the person who must enforce the obligation of dead money payment, which has left the property, the civil law enforcement agency has a written notice, which is set for 30 days, since the date is valid, so that the heir or the administrator of the legacy Your sentence is to execute the execution of the execs for the execution of the execs of the execution. At the end of this term, if the heir or administrator of the legacy does not make an agreement or an agreement is taken to the execution of the executor of the execution, the body execs the civil law enforcement agency, which applies the law to the law. The property left by the person to execute the sentence to ensure the execution of the execs, which is agreed upon in the 30-day period, since the date of the valid notice, so that the persons involved in the property exercise the right to initiate inheritance division inheritance. The expiration of the announcement deadline for the execution of the inheritance divides inheritance without a starter, the civil law enforcement agency handles the property for execution of the court.

The undetermined case of the heir, the civil law enforcement agency informed public information on mass information and listed at the site of the property, the headquarters of the Social People's Committee, which has a property for 3 months, since the date of the announcement. The report, the listing for the heir to know, the contact, and the execution of the execs of the execs of the execs of the execution of the execs; this expiration, without the heir to the heir, the civil court execs for the execution of the property.

2. The transfer of the rights, the obligation to enforce the execution by provisions at paragraph 4 Article 54 The civil law enforcement act was carried out under the provisions of the Civil Code on the transfer of rights, obligations; not to influence the legal rights and interests of the organization, Other individuals and must be established with the signed signature of the transfer person, the recipient of the transfer, the execution of the execs.

In the case of a partial or full transfer of the right to the execution of his court for the third, the third person to be executed corresponds to the right of the right to be transferred and whose obligations are executed. according to the provisions of the Law Enforcement Act. The person who transferred the right to the execution of the execution must inform the person of the execution, the civil law enforcement agency is holding the execution of the law on the transfer of rights to the execution of the execution. The transfer of the right to the execution of the execution does not require the consent of the person to enforce the execution, unless the case has a different stipulated agreement or legislation.

The case of a person who must contest the execution of a third person must be agreed upon by the execution of the execs. The person who transfers the obligation to the obligations of the executor of the executor of the execution, if not voluntarily, is applied to the law of law enforcement.

What? 16.

1. The head of the civil law enforcement agency must delegate the execution of a civil law enforcement body where the person to enforce the property is real estate, the property must register for ownership, the right to use; for other assets it is possible to delegate to the body. There are civil courts where the property is held.

2. The case of the person who has to execute has many properties in many places the civil law enforcement agency execs the mandate in the following order:

According to the agreement of the same,

b) Where the property is sufficient for the execution;

c) The case of the property is not enough for the execution of the court then the mandate to the place of the largest value asset, where the most assets are.

3. The case of the sentence, the decision to declare the property warranties of the specific execution of the property in another place, is able to mandate the execution of the execution by which the property guarantees the body of the civil court to have a guaranteed property.

4. The decision to delegate the execution must clear the trust content, which has been completed, the implementation of the execs and the information required for the implementation of the mandate.

When submitting a decision to delegate execution, the civil law enforcement agency must submit with the sentence, the decision; the copy of the receipt of the border, hold the property and other documents relevant, if any. In the case of the mandate for many places, the civil law enforcement agency, which took the case, decided, and other documents were related to many, stamped out the civil law enforcement agency, which was commissioned to send to the body of the civil court. It's a trustee.

5. The case of a person who must execute no property or non-resident, work or no local headquarters is a civil law enforcement agency that receives the mandate under regulation at Article 44a Law Enforcement Law Enforcement; the case identifies the right person. The law enforcement or residence, working or based in another locality is the next trustee for the civil law enforcement agency where the conditions are enforced.

What? 17. The execution of the execution when there was a change in property prices at the time of the execution of the execution

1. Accept of organising the property pricing to perform the execution of the execution when there is a change in property prices at the time of the prescribed execution at Article 59 civil law enforcement law in case there is at least one of the ones with a single valuation requirement. property that at the time of the execution of the court, the asset price changed or decreased from 20% or more to the property value when the sentence, decided to take effect on the law.

2. The person who has a single request for a property valuation is responsible for providing the proof document that changes the asset price, accompanied by a single asset valuation requirement. The proof document that changes the price of property may be a price frame provided by the state agency with a regulatory authority applied locally or the prevailing market price of the property is identical or similar to the property that needs to be priced locally or priced. transfer of actual concessions in the local property of the same type.

For a period of 30 days, since the date of receiving a request for the valuation of the property of the incumbent and the document that changes the asset price, the Executive must proceed with the prescribed valuation procedure at Article 98 of the Civil Action Law Enforcement Act. The cost of valuation is due to the person's request for valuation.

3. In the 5-day period of work, since the date of the valuation results, the Executive Approved the written notice requires the asset to submit the amount corresponding to the rate of property value that the incumbent is receiving, the decision compared to the asset price. specifies the provisions of Article 2 of this Article to pay for the recipient of the execs of the execution.

In the 30-day period, since the date of receiving a written claim to the execs, if the person receiving the property does not voluntarily submit to the execs, the Executive Board decides to sell the property bid to enforce the execution. The proceeds are paid in proportion to the amount of money, the assets under which the authorities are receiving the verdict, the decision but not to charge the execution of the execution.

4. The marginal cost, processed property provisions at Clause 3 This is due to the proportion of the money, the assets they take under the law of law on the cost of forced execution of the law.

5. The person who is managing the property does not voluntarily deliver the property to the buyer who is auced in the auction and is subject to the cost of the law enforcement costs.

What? 18. Advance of the property, papers to enforce the execution

1. In case of need, the Executive Officer requires the forces of the public or organization, the other individual supports the parole of the property, the paperwork to enforce the execution.

2. The document holds the property, the papers must record the name of the holder of the property, the paper; the property type, the suspended paperwork; the quantity, volume, size, and other characteristics of the property, the papers are held on hold.

The asset is a cash that has to clear the amount of money, the amount of money, if it is a foreign currency, and in case it is necessary to write the amount of the bill on the money.

The temporary assets are precious metals, precious stones must be sealed in front of the person who is held in possession of their property or relatives. In case the person who is held in custody, their papers or relatives do not agree to see the seal's presence. On the seal must specify the type of property, quantity, volume, and other characteristics of the sealed property, which has the signature of the Executive of the Executive, who is either a parole officer or a witness or a witness. The sealing must be written to the property of the property.

The property, the temporary paperwork is preserved under the provisions of Article 58 of the Civil Executions Law.

3. When returning the property, the certificate is on hold, the Accuser asks the person to accept the credentials of the proof as the person who is held up to the property, the document, or the person authorized by the person.

The officer asks the person to take a check on the number, volume, size, and other characteristics of the property, whether the papers are held under the witness of the body of the civil court or the assigned person.

The return of the property, the papers must be established.

4. The case of returning the property, the temporary paperwork that the authorities do not receive, the civil law enforcement agency is prescribed in Clause 2, 3 and 4 Article 126 Laws of civil execution.

What? 19. Stop registering, transfer ownership, use, change the status quo of your property.

Since the time of the receiving decision on the registration halt, the transfer of ownership, use, change of the status quo, the registry, the ownership transfer, the use and the agencies, the organization, the relevant individual is not doing the registration, transfer ownership, use or change the status quo until the Executive Accept of the Executive Termination of registration, transfer of ownership, use, change of property status.

What? 20. Blockage in account, property in the deposit site

1. The decision to blockade the account, the property in the deposit must determine the amount of money, the property is blocked. The officer accepts the decision to seal the account, the asset in the place of the deposit to the representative under the law of the State Treasury, the credit, agency, organization, the individual who is managing the account, the property in the deposit, or the person responsible for receiving the deed. of the agency, that organization, and the editor of the decision-making.

The receipt must have the signature of the Executive, the recipient of the decision to seal the account, the property in the deposit site. In the case of the recipient of the decision to seal the account, the asset in the place of the deposing is not signed, the person's signature is required.

The decision to blockade the account, the property at the deposit site issued after the Executive Editor of the blockade by regulation at Clap 2 Article 67 Civil execution law must be sent directly to the agency, the organization, the individual where the account is, the property has been lost. The blockade.

2. The case of a law-based representative or a person responsible for receiving the document of the agency, the organization does not accept the decision to blockade the account, the property at the deposit, the Executive Editor, on the undecided, has the signature of the person. to testify or witness and conduct a decision to seal the account, the asset in the place of the person to be executed at the office of the agency, the organization.

A law representative or a person who is responsible for receiving the text of the agency, the organization does not accept the decision to take responsibility under the rule of law and must be compensated if the damage occurs.

3. Accept of protecting the information about the account, the executor property of the executor of the law enforcement is applied to the guarantee when it is secured by the State Treasury, credit organization, agency, organization, individual where there is an account, the property provided.

What? 21. Except for money in the account

1. The decision to deduct the money in the account must specify the following contents:

a) The day, the year, the year of the decision;

b) The base is determined;

c) The name of the account, the number of the execs of the execs;

d) Name, address the State Treasury, the credit site where the account is open;

The money must be withheld;

e) The account name, the account number of the civil law enforcement body that receives the deductible money;

g) The deadline for the deductible.

2. Cases of forced subjects opening deposit accounts at various State Treasuters, the various credit organization, which accepts the account balance base to decide to apply the forced measure of withholding money in the account to one or more. the account to make sure enough money must be executed and the cost of enforcement of the execs, if any.

3. The State Treasury, the credit organization responsible for making the decision to deduct the money in the account; if you do not execute the money in the account that leads to the unexecutable execution of the executor of the executor, is required to pay. It ' s often done by law.

What? 22. collect money from the business activity of the execution of the execs

1. Accept a collection of money from a person's business activity on a daily, week, month, quarter, or year depending on the discipline of his business.

When determining the proceeds from the business of the execs, the Executive Officer enters the business outcome on the basis of a book, paper, and actual business situation.

2. The minimum amount left for the person to enforce the execution must ensure the minimum living conditions for the person who must enforce the sentence and the person in which the person is obliged to provide, nurseries. Determining the minimum level of life of the person to take action and the person that someone has a nursing obligation, nurseries is based on the poor standard of every local area where the person resides, if the local government has not yet specified it, in accordance with the poor. The General Government issued a specific phase.

The minimum amount left for business manufacturing activity is determined by the Accept of the Executive, the business profession; the scale of the business of the person to the execs and the level of the issue can be adjusted.

What? 23. Collum, property of the person who has to enforce the execution is being held by the third person

1. When a base identifies the organization, the individual is holding the money, the person's property must be executed, the Executive Editor, or the document, is holding the money, the person holding the money, the property handed over to the civil court exam body for execution.

The organization, the individual holding the money, the property of the person who has to enforce the execution does not implement the Executive's request for the delivery of the money, the property is imposed on the guarantee, the coercated measure of execution.

The law enforcement charges are due to the execution of the execs.

2. The third case is holding the money, the property of the person who must enforce the execution does not implement the Executive Accept of the Executive, the property to the person who must execute the execution or the other leads to the unenforced execution of the execs. then the third one must pay for damages in accordance with the rule of law.

3. The case of the discovery of the organization, the individual is paying, the property to the person who has to enforce the law, which is determined by the sentence, the Court ' s decision is in law enforcement, then the Executive Accept at the request of the organization, that individual interface. file the money, the property to the civil court exam body for the execution of the court. If the organization, the individual is not implemented, the Executive applies the enforcement of the executor to the organization, the individual to collect the money, the executor of the executor.

The cost of forced execution in this case is due to the organization, the individual who is forced to enforce the execution.

What? 24. Asset receipt for execution

1. Since the time of the sentence, the decision to take effect law, if the person must contest the conversion, donate, sell, transfer, mortgage, hold the property to another without using the proceeds to enforce the execution and no other assets or property. The property is not enough to guarantee the obligation of the execs, the property is still listed, processed to execute the execution, except for another rule of law. When the receipt of the property, if there is another dispute, the Consul informs the incumbent, who has the dispute under the provisions of Article 1 Article 75 of the Civil Executions Law.

The case has been applied to the deterred, the temporary emergency, the law enforcement, the law enforcement, the law enforcement that the property is transformed, donated, sold, transferred, mortgages, mortgages to others, the property is on the payroll. processing to enforce the execution; the Executive Executive requires the Court to declare a transaction to that property to be disabled or require the authority to have the authority to cancel the transaction in connection with the transaction to that property.

2. The enumeration, the processing of the common property of the person to perform with the other is done as follows:

a) The civil law enforcement agency, which handles the boundary, handles the common property as the right to use land, housing, and other assets associated with the land when other assets are not eligible for execution or at the suggestion of the incumbent on Article 4 of this Article;

b) The case of the person who must contest the same property with another person that has identified the property, the property rights of each person, the administrator of the property, and the right of the property of the execs for the execution of the court to the execution of the law in paragraph 2. Article 74 Civil execs; the case has not yet defined the rights of the person to execute the execution under the provisions at Clause 1 Article 74 Civil execs, except for the specified case at this point c.

c) For property owned by the property, the general use of the wife, the husband, the Executive Officer identifies the possession of the wife, the husband according to the law of marriage and family law and informs the wife, the husband knows.

For property ownership, the right to use the common land of the household, the Executive Officer identifies the possession, using the number of members of the household at the time of the establishment of property ownership, the time the State of the State of the Land, for rent. land, recognizing the right to use the land, which receives the right to use the land. The officer accepts the results that determine the ownership, which is used for members of the household.

Whether a wife or spouse or family member does not agree with the approval of the Executive, there is a right to ask the Court to divide the property in general for a period of 30 days, since the date of the valid notice. At the end of this period without a starter, the Executive Editor, handles the property, handles the property and returns it to the wife or husband or household members who value the property of their ownership, their use.

3. For the asset that has been held, the legal mortgage that results verified at the time of the execution indicates that the property is worth equal or smaller than the obligation to pay under the pawn contract, the mortgage is accepted by the Executive to the document. The person who received the pledge, the mortgage, knows the duty of the person to execute and ask for the payment of all obligations under contract or when handling the asset, the mortgage must notify the body of the civil court.

The body execs the civil court of prescribation of the property after it has been dissolved or collected the remaining money after processing the property to pay the signed contract, if any.

If the recipient is tried, the mortgage does not inform or slow the announcement that damages the execs to be compensated by the law.

4. The case of a person who has to enforce the voluntary execution of a particular asset count among the many assets without impede the execution of the executor and the property is sufficient to enforce the execution, the relevant costs, the Executive Editor, explains them to them. It is a matter of all costs associated with the handling of that asset and the conduct of the property to the execution of the court. The law enforcement is restricted to other assets until the execution is done.

5. The civil law enforcement agency index only the other assets of the business must contest the execution, if after having deducted accounts, processed gold, silver, precious stones, precious metals, the value of the business is due to the management business or the third person. There's still not enough to enforce the execution, except for the case, the decision, the other decision, or the other deal.

6. The case of the person who must execute the voluntary transaction in accordance with the provisions of a Section A Article 7a Law Enforcement of civil law to enforce the obligation to pay the obligation to accept the receipt of the property. This compilation is the basis for the approval of the property transaction according to the agreement or organization of the valuation, sale of the property. The cost of valuation, sale of assets and other necessary expenses by the rule of law by the person must be executed.

The incumbent voluntary delivery is the only asset, but the proceeds are not enough to pay the execs that the execs are no longer eligible to rent or create a new residence, then the Executive Executive. In paragraph 5 Article 115 The Law Enforcement Act.

What? 25. Agreement on the organization appraisal

1. The event of a settlement agreement on the provincial settlement, the Central City of the Central City where the border property or the other site of the price appraisal is approved by the Executive Board, with the incumbent appraisal organization. Choice.

2. The incumbent agreement on the selection of the price appraisal is also made to the revaluation of the marginal property.

What? 26. The price determination for the border property

1. The case does not sign a prescribed service contract at the Point A 3 Article 98 Civil Action Law Enforcement Act, Accept of being able to choose and sign with an appraisal organization outside the province, the Central City of Central City where the property is listed. margin; the case is still unable to sign the contract, the Executive Accept of the financial body of the same level or the specialized body of industry management, the area of the marginal property before determining the price of the marginal property. The consultation of the financial institution, the relevant agency, must either form a document or a signed document signed by the Executive and the financial body, the specialized body.

In the 15-day period, since the date of the approval of the Executive of the Executive, the financial body, the non-text agency, the Chief Minister of the Civil Court has a written statement of the Chair of the People's Committee and the leadership of the agencies. A specialist with an opinion to accept the approval of the property price.

2. The marginal property has a small value stipulated at the point b 3 Article 98 The civil law enforcement law is the property that at the time of the valuation, the same or the same property has not yet passed the cost of the purchase price on the market for no more than 10,000,000.

What? 27. Sell the auction and handle the results of the sale of the execs of the execs

1. Before the first sale of the property to a property of the common property that many common owners offer to purchase the portion of the person who must be executed under the specified price, the Accept of the Executive to the owners of that same agreement is entitled to the purchase. If you do not make a deal, you will be able to take the draw to choose who will buy the auction property.

2. The net worth is auced in accordance with the regulation at Point 3 and Clause 4 Article 101 The civil execution law is the value of each property; for the same type, the uniform is the sum value of those animals in a single sale to enforce a sale. The execution.

3. The buyer is paid for auction property to account for a civil law enforcement agency ' s account for a period of no more than 15 days, since the date of the auction.

In a period of no more than 30 days, the difficult, complex case is no more than 60 days, since the day the buyer is funded with enough money, the civil law enforcement agency must organise the delivery of property to the property purchased, unless the event has an impossible event. Resistance.

The property auction organization is responsible for coordinating with the civil execution body in the delivery of assets to the buyer of the auction property. The organization, the individual obstruction, and legal intervention, led to the slow sale of the semi-auction property that damages the buyer to be auctipated.

4. The civil law enforcement agency performs the payment of the execs under the provisions of Article 47 of the civil execution law in the 10-day period, since the date of the property of the property to the purchasate of the auction property.

During the undelivered time of the asset, the civil law enforcement agency served as the name of sending that money into the bank in the form of deposit for a period of 1 months until the delivery of the property, the amount of interest sent to the initial deposit to enforce. The case is not delivered, but the amount of money that is sent to the buyer is an auction property, except in the case of an agreement or other regulatory law.

In the case of an asset auction contract that does not deliver the property to the buyer being auctipated, this person has the right to ask for the cancellation of the contract.

5. The case after the end of the auction where the asset price hit refuses to buy or have signed a contract to purchase the auction property but has yet to pay any more money the pre-order money belongs to the state budget and is used. for payment of the rate of execution of the execution, the state compensation costs, financial guarantees for execution of the court and other necessary expenses.

Where the buyer is not fully implemented or is not correct in accordance with the contract payment obligations, the payment of the auction property is processed under the agreement in the contract to purchase the sale of the auction and regulation of the French. the law on the contract to buy property.

The civil law enforcement agency organizes the sale of property prices according to the rule of law.

What? 28. Registration, license certification, property rights, property rights

1. The case of a civil law enforcement agency that does not recall documents relating to the property stipulated at the Point of Section 3 Article 106 The civil law enforcement law has a written statement of the reason, sending the agency with the authority to grant documents that are related to the property. Now, the old paperwork, the new paper, is on the rules.

2. The case of property is the right to use land, housing and other property attached to the land with a Certificate of Land Use Certificate, property rights in and other property attached to the land without recall receiving the certificate, which is as follows:

a) The civil law enforcement agency sent the text stating the reason not to revoking the Certificate of the Rights of Use of the Land, the ownership of the housing and other property attached to the land to the Land Registry Office where the Certificate of Use of the Land, Property Rights, and the other property attached to the earth;

b) In the 30-day period, since the date of receiving the text of the civil law enforcement agency, the Office of the Land Registry is responsible for reporting the authority to grant the rights to the use of the land, property rights in and other property attached to the land for use. decided to cancel the Certificate of Issued Certificates and the granting of the Land Use Certificate of Land, Property Rights, and other property attached to the land as defined by the law of the land.

3. The case of property is the right to use land, housing and other property attached to the land without the Certificate of Land Use Certificate, property rights in and other property attached to the land but there is sufficient certification for certification, the authority has jurisdiction. It is responsible for the granting of the Land to the Use of the Land, the ownership of the housing and other property associated with the land by the rule of the law of the land, the housing.

What? 29. Transfer of intellectual property rights

The Acceptable Case to transfer intellectual property rights to the agency, organization, other personal exploitation, use under the provisions of the Intellecintellectual Property Law, the transfer of the right to the right is consistent with the regulations on the transfer of ownership. Yes, of course.

What? 30. Intellecintellectual property valuation

1. The valuation of intellectual property rights to enforce the execution by law on price and law on the appraisal of intellectual property rights.

2. Agency, organization, individuals requiring the valuation of intellectual property rights must pay the cost of the valuation by regulation at Article 73 Civil execution law.

What? 31. Sales of intellectual property rights

1. Authority to sell intellectual property rights auction:

a) The auction of the sale of the auction of intellectual property valued at 10,000,000;

b) Accused of the sale of an intellectual property auction valued at 10,000,000 or in the case in the province, the Central City of the Central City where the execs had not yet had an auction, or, but the organization refused to sign. The auction deal.

2. The sale of intellectual property rights to the regulation of the law on the sale of property prices.

What? 32. Processing of the evidence, the suspended property is confiscated, added state funds.

1. The financial body that grants the civil court exam body is holding the execution of the court, the provincial finance agency where the campus office is located, or where the body is stored, the property is responsible for handling the evidence, the document. In accordance with the Article 124 Law Enforcement and Law Enforcement of the State of the Property and Management of the State for Property and Management, the handling of the property is established in the possession of the state.

2. The civil law enforcement agency notified and assigned the body responsible for receiving the evidence, the property for a 10-day period, since the date was notified to take on.

At the end of the deadline without receiving the evidence, the property is responsible for receiving payments to the asset's preservation and is subject to all risks since the time of the delay.

The transfer of the evidence, the suspended property, was seized, and the state funds were carried out at the civil court of law enforcement or in the holding of evidence, the property that was suspended; the execution was done at the time of receiving the evidence, the property.

3. The case of a competent financial agency with the authorship of the authorized document execution of the seized property, funded by the state fund, the same civil law enforcement agency is organizing the execution of the law and the procedure of raising the state funds after the expenses. Statutory handling of the law establishing the ownership of the State for property and management, the handling of the property is established in the possession of the state.

What? 33. Destruction of evidence, property

1. The council for the destruction of the material, the property that carried out the destruction of the evidence, the property in the 10-day period, since the date established.

2. The destruction of the types of evidence, the property is made possible by burning forms, breakaway or other suitable form.

The case for the destruction of toxic chemicals or other materials, other assets that need to have specialized or specialist equipment, the Executive Officer agrees with the expert, the agency that guarantees the destruction of the material, the property to provide. The destruction of the environment is safe and does not affect the environment at the destruction site.

3. Cost of the destruction of the material, the property paid by the state budget.

What? 34. Apply the law enforcement measure in the case of a mandate to enforce the union obligations

The case of a federated law enforcement agency that the person who has to enforce a residency or property in various localities that the property in the local property receive is not sufficient for the execution of the law, the civil law enforcement agency where the mandate is entitled to apply. The measure of execution against all persons, the property involved in the enforcement of the execution, avoids the case of the escape, and avoids execution of the execution.

What? 35. The execution of the decision to apply temporary emergency measures

1. The head of the civil law enforcement authority is mandated only to the body of civil execution where the person must enforce the residence or have the property on the decisions that apply the following temporary emergency measure when the person must enforce the residence or have a property. product in the province, the other Central city:

a) Ban or force the person to do certain behaviors; deliver unmarried persons or organizations to look after, nurture, care, educate; suspend the decision to fire workers;

b) forced implementation of a portion of the nursing obligations; forced implementation of a portion of the damages obligations due to life, the health of the trespassing; forcing the employer to pay a pay-wage, public money, compensation, labor accident allowance, or death. Occupational sickness for labourers;

c) The asset receipt is disputed;

d) For harvest, for sale of colored flowers or other goods products.

2. The head of the civil law enforcement agency must immediately decide to delegate the execution when there is a mandate base. The Chief Executive Officer of the Civil Rights Act receives the mandate to determine the execution of the Executive and Consent of the Executive Act, which applies immediately to the measures prescribed at Article 130 of the Civil Executions Law for the organization.

What? 36. Property value compensated in case of execution of the judge ' s decision, retrial

The property value is reimbursable to the original owner in the case of the sentence, the Court ' s decision to be canceled, partially fixed or all by regulation at Clause 3 Article 135 of the Civil Executions Law Enforcement price on the local market at the time. Solving the restitution.

What? 37. Confirification of execution results

1. The head of the body of civil executions confirmed by writing on the results of the exercise of the right, the duty of the court to the execution of the execution by the decision of execution when required by the person or of their relatives.

2. The content of the confirmation text must specify a verdict of a sentence, the obligation, the obligation to enforce the execution of the execs and the execution of the execs until the time of confirmation.

The results of the execution are confirmed to show that the incumbent has done all or part of the rights, his obligations under the decision to enforce the execution or the execution of the execution of each term in the case of execution of the execution. Periodically.

What? 38. Resolve misconduct

1. For a complaint filed by the non-rational case, the body received no liability but has the text instructions, answering the complaint during the 5-day period of work, since the date of the application. The instructions were made only once for a case of complaint; in the case of a complaint filed with the documents, the document was the original in connection with the complaint, which sent back the documents to the complaint.

The case of a complaint which has just lodged a complaint, which has just been charged with the contents of the case, is resolved by the decision on the decision to resolve the case of the execution, the contents of the case are resolved under the regulation of the prosecution.

2. For a complaint filed under the ruling jurisdiction of the subordinate but too long-term regulation that has not been resolved then the Chief of the Court of the Court or the Administration of the conduct of the degree exam on the subordinate request, while also responsible for the decision. And, in fact, check out the subordination of the subordination and apply the measure by authority to handle the person who is not responsible or deliberately defrauate that complaint. In case of applying the measure beyond its jurisdiction, the state agency petition, who has the authority to handle.

3. The decision to resolve the first complaint by the competent authorities to resolve the complaint to the decision to apply the law enforcement to take effect.

4. The decision to resolve the complaint has the effect of being reviewed under the regulation at point b 4 and point b Section 7 Article 142 Laws of civil execution in the following cases:

a) The decision, the act of complaint, is the law, but the decision to resolve the complaint is that the law is correct;

b) The settlement of the complaint violated the rule of law on the procedure of addressing the complaint of the execution;

c) There is a new situation that fundamentally changes the outcome of the complaint resolution.

5. The case of the complaint is resolved that the incumbent continues to complain but does not give a new evidence, the person who addressed the complaint filed a complaint filed against the complaint and informed it to be known.

What? 39. The subject is secured financially from the state budget to carry out the execution of execution.

1. State Agency.

2. The political organization, the political organization-the society and the agencies, the unit of the political organization, the political organization-the social organization is fully functioning by the state budget.

3. The state-established career unit, which is secured by the state budget for the entire operating budget.

4. The armed forces unit is secured by the state for the entire operation.

What? 40. The condition is secured financially to enforce the execution

The body, the organization, has to execute the financial guarantee of the law, which is to be given a financial guarantee by the state budget to the execution of the court after having asked the guilty to perform the obligation, but the person is not able to do the duty or whether it is available. But the amount of money that has applied only a part of the law enforcement service and that agency has used a savings account from the source of the funding to be granted but still not able to enforce the law. In the case of the agency's execution of the body, the organization's birth organization, the state compensation, is carried out in accordance with the provisions of the law on the responsibility of the state.

What? 41. The authority decides to secure the finances to enforce the execution

1. The law of ensuring the execution of the organization must be executed as a central unit administered by the central budget; the guarantee fee for the execution of the organization must be executed as a local unit administered by the local budget. Guaranteed; the funding guarantees the execution of the units in the armed forces provided by the state budget.

2. Authority, the level of financial guarantees from the state budget is made in accordance with the regulation of state budget legislation.

What? 42. The procedure of financial guarantees to enforce the execution

The body, the organization, has a financial guarantee that is guaranteed to be held accountable for the execution of a financial guarantee for the execution of the court.

The Ministry of Justice and the Ministry of Finance guidelines for the filing of records, deadheads, suggestions procedures, review, decision-making decisions to enforce the execution, bill, issue, decision, and return of financial guarantees to the execution of the law.

The financial guarantees for execution are not used for other purposes.

What? 43. Cost of forced execution

1. Other required costs stipulate at Point 3 Article 3 Civil execution law enforcement include:

a) The forced meeting costs of the Executive Committee meeting with the relevant authorities prior to the conduct of the forced conduct;

b) The coerve cost in the event of failing to collect the money of the person who must execute the execution by the non-sale account property is prescribed in paragraph 3 Article 104 Civil execs; compulsory property under Article 90 Civil execution law, but after a reduction. the specified price by which the value is equal or lower than the cost and obligation is secured; the forced property is no longer or lost in the value of use; the person must enforce the right execution, pay the property under the sentence, decide without the ability to pay the costs. forced; the person who must enforce the execution must take the most work away from the residence or death without the property to pay the required expenses;

c) The cost for the Accept of Verification, Determine The Value Of The Property Before Coercive to apply the coercive measure to the obligation to execute judgment, the cost required to apply under Article 90 of the Civil Service;

d) The provisions for the application of a paper-holding solution, the document of the person to enforce the execution without collecting the money of the executor for the payment of the cost;

The cost of the translation, the translation in the event of a foreigner, the ethnic minority of Vietnam does not speak Vietnamese;

e) The cost of being in the institution of coerge but suspension by regulation at point a, point b, point d, clause 1 Article 50 Law enforcement;

g) The cost of coerventiation has taken if the authority has the authority to cancel the coercve.

2. The restitution regime for the person directly involved in the coercretion and the protection of coercretion under Clause 7 Article 73 The civil law enforcement act is as follows:

a) The subject is fostering, including the Executive, the other public, the execution of the execs, the prosecutor, the security, the defense, the militia, the local government, the social organization, the neighborhood, the village, the elders, the elders, the elders, and the other forces. active participation in activities to enforce the execution of the execution;

b) The fostering regime is applied to the activities that verify the conditions to protect the enforcement of the execution, directly implementing the enforcement of the executor of the execution, directly holding, collecting property, paper, board meeting, and planning meetings, valuation meetings, and planning meetings. the asset price, sale of assets in the case of not signing a proxy contract with the organization that functions to sell property prices; directly engaging in forced execution of the execution in case of necessity;

3. The Ministry of Finance, the Ministry of Justice specifically stipulated that the cost of fostering and specific guidelines for financial management of the organization of the organization of the organization of civil executions.

What? 44. As long as it reduces the cost of forced execution

1. It is possible that the individual can be executed by the Chief Minister of the Court with the authority to hold a trial of waive, reducing the costs of coercuse if belonging to one of the following cases:

a) There is an unguaranteed income of the minimum living for normal living or being in a particularly difficult economic situation stretching from natural disasters, fire.

The minimum level of income is determined by the poor standard of regulation at Clause 2 Article 22 of this decree.

b) The policy of the policy family, with the revolution.

c) A single, handicrave, long-lasting illness.

2. Which must be made as a waive for a waive, reducing the cost of forced enforcement of the execution may be clear due to a request for a waive, reducing the cost of forced execution of the execution.

At the time of economic difficulties, the anchorage must be confirmed by the Committee of the People's Committee of the residence, the livelihood or confirmation of the Chief of the Authority, the organization where the person receives income. As a policy family, it is announced that the revolution must have papers issued by the authorities to prove it. Suffering from disability, prolonged illness has to have a summary of the medical records that are given the basis of the disease, treating the disease from the county level to confirmation.

During the 5-day period of work, since the date of receiving the offer and the accompanying document of the incumbent, the body of civil executions review, the decision on the exemption, reduces the cost of forced execution of the execution.

3. Level, reducing the cost of forced execution of the execution is as follows:

a) In terms of the stipulation at Point a, this Article 1 of which is considered to be reduced to half the cost of the forced execution of the execution;

b) The specified property at the point b 1 This thing has executed at least 1/2 charges may be judged as long as the charge of the remaining execution.

4. The person guilty of violating the procedure for asset valuation, in decision making, reduces the cost of misappropriation that leads to a state budget that must pay the required cost of compensated that amount to the state budget.

The decision is waive, reducing the cost of coercection of being revoked by the head of civil law enforcement or cancellation in the case of detection of a forced escape behavior, hidden money, property intended to evade execution or supply grounds. It ' s not true to be exempt, reducing the cost of enforcement of the execution.

What? 45. Advance, accounting, acceptance, and cost-enforcement decision.

1. The advance of the cost of forced execution of the execution is as follows:

a) The state budget of the State of the State of the State of the State of the State of the State of the Civil Tribunal for the implementation of a cost-of-execution of the law enforcement agency. The specific level of laymen for each law enforcement agency by the Ministry of Justice, the Ministry of Defence after unification with the Ministry of Finance within a bill of approved budget bills is granted jurisdiction.

When the trial is not obtained, the execution of the execs, the body of the execution, the civil law enforcement agency, the pre-budget implementation of the Executive Committee, to the Executive Committee, to enforce the execution of the execution of the judges. the right to give the body to the civil court.

b) Before the organization was forced to enforce the execution, the Executive Board must plan to enforce the execution of the law or project the costs of coerceny in the absence of a coercated plan, the Chief Executive Officer of the Civil Court of Appropriation. The attempted restoration of the operation was based on the contents of the state, the extent to which the state's current regulation and the announcement of the incumbent prior to the statute of Law on Article 39, 40, 41, 42, 43 Law Enforcement.

On the basis of the cost of the cost of coerceny, the approval plan approved, the Executive Officer of the Petition for Coerceny Activity from the state of funding was given by the state budget for civil law enforcement, except for the event of voluntary voluntary. Forced repayment of charges.

2. The establishment of the bill, which accepts and decides the funding of the enforcement of the execution by the Ministry of Finance, the Ministry of Justice directed the execution.

What? 46. The fee, procedure of collection, management and use of execution fees

1. The execs of the execution must pay the execution fee when receiving the money, the property at the following fee:

a) The amount of money, the value of the real estate from over twice the basis of the base salary to the officer, the public, the official and the armed forces of the state to 5,000,000,000, the execution fee is 3% of the money, the property value of the property.

b) The amount, the real property value from over 5,000,000,000 to 7,000.000,000, the execution fee of 150.000,000 plus 2% of the amount, the property value of the property, exceeds 5,000,000,000;

c) The amount, the actual property value from over $7,000,000,000 to 10,000,000,000, the execution fee of 190,000,000 plus 1% of the amount, the property value of the real estate exceeds 7,000,000,000;

d) The amount, the actual property value from over 10,000,000,000 to 15,000.000,000, the execution fee was 220,000,000 plus 0.5% of the amount, the property value of the property realized in excess of 10,000,000,000;

The amount, the actual property value of over 15,00,000,000, was 245,000,000, with 0.01% of the money, and the property value of $15,00,000,000.

2. The case of a civil law enforcement agency has decided to enforce the law and to witness the terms of the self-delivery agreement, to receive money, to the property for each other, to be subject to one third of the rules for the execution of the law.

3. The Court case does not claim the value of the property or has a claim but is no longer fit (change of more than 20%) than the market price at the time of the toll, the cost agency organizes the property valuation to determine the execs of the execs filed by the execs. A sentence. The cost of the civilian law enforcement costs from the cost of the execs were left behind.

4. The Civil Service execs perform the collection of execs when paying or handing the property to the execs and the receipt of the law enforcement receipts.

The executor of the executor of the executor of the law enforcement agency has the right to apply the guarantee, the coerentive measure of the execution, including the sale of the property auction which gave the executor to the executor of the execution to ensure the return of the executor of the execution. The cost of valuation, the sale of property prices for the cost of the execs by the execs.

5. Procedulation, submission, exemption, reduction, management, use of executor charges provided by the Ministry of Finance and Ministry of Justice.

What? 47. The cases are not subject to trial fees

The execs of the execution do not have to be subject to court fees when they receive the funds, the property of the following cases:

1. Allowance; compensation for the loss of life, health, honor, dignity; salaries, labor money; pension loss; pension; money insurance; monetary compensation; compensation for the dismissal, termination of labor contracts.

2. The funding of the state ' s social policy program eradicated poverty, poverty reduction, deepwater support, remote region, hard zone, particularly difficult, direct funds serving the health care, education of the people not for the purpose of the purpose of the government. The business that the execs are receiving.

3. The phenomenon is receiving only mental meaning, which is tied to the recipient ' s, without the ability to exchange.

4. The amount or value of the property according to the law enforcement requirements does not exceed two times the base salary for the cadres, the public, the official and the armed forces provided by the State.

5. The repayment of the loan debt to the Bank of Social Policy in the case of the Loan Bank for the poor and other policy subjects.

6. The verdict, the Court ' s decision determined to have no quota and did not record the fees with a quota on trial.

7. Money, assets are returned to the incumbent in the event of a law enforcement event stipulated at Point 2 Article 36 The Law Enforcement Act.

What? 48. As long as reducing execution fees

1. The execs of the execution are exempt from the execution of the execution in the following case:

a) To be entitled to the manner of a man who has the same to the revolution;

b) The site of the site is obtained by the People's Committee where the person resides in the body; a disability, a prolonged illness with a summary of the medical records given to the facility, which is treated from the district to confirm;

c) The person who was given the execution of the correct verification after the civil execution body was made a decision on the unconditional execution of the law in Clause 1 Article 44a Law enforcement of civil executions and the civil law enforcement body that handles the property for execution. Murder.

2. The execs were given the execution of the execution fee as follows:

a) A reduction of 80% for people with economic difficulties stipulated at the Article 2 Article 22 of this decree and given by the People's Committee where it resides or the agency, the organization where the person works.

b) A 30% decrease in the execution fee corresponds to the amount of the proceeds from the treatment of the property of the person to the execution of the execution by the execution of the execution by law enforcement, and the body of the civil court execution body, and the body of execution of the civil court. has to apply the forced measure of force mobiling, except for the case of the property that has been identified in the verdict, the Court ' s decision, the Commercial Referee;

c) Reducing 20% of the law enforcement charges in the case of regulation at this b Point if the coercive measures should be applied, unless the asset case has been identified in the verdict, the Court's decision, the Commercial Referee.

What? 49. Money payment procedure, return execution exam

1. The case of payment of law enforcement under the regulation at Point 2 Article 47 The civil law enforcement law enforcement officials determined the amount of money paid by the execs who requested the execution of the law to the time of the forced decision. Yeah.

In the case of the sentence, the decision is being held by the civil law enforcement agency that defines many of the execs but only one or some of those who require the execution of the execs that the property of the person to enforce is not enough to enforce the property obligations. The verdict, the decision, the civil law enforcement agency for the person who asked for the execution of the law in proportion to which they were received, the remaining money sent to the bank on a 1-month deposit, and then announced and set the date for no more than 1 months. The execs were not required for the right to ask for the execution, except for the end of the time.

At the end of the announcement that the civil law enforcement agency did not receive an execution request, the amount of money sent and the interest paid to those who had requested the execution date to the end of the notice deadline; the remaining amount, if any, It is paid for those who are executed in other law enforcement decisions as of the time of payment or return to the person who has to be executed.

2. For the amount of money paid to the recipient being personally, the civil law enforcement agency informed the recipient of the recipient.

At the end of 15 days, since the date of the announcement that the person receiving money did not arrive if they were far from the headquarters of the civil court, determined their apparent address and the amount of money valued at less than 1 month's salary for cadres, officials, officials, And the State of the Armed Forces, and the State Armed Forces, have a civil law enforcement agency, and they send money to them via post office. The post office returned the money due to no recipient, the civil law enforcement agency processed under the provisions of Article 5 of this.

The person who receives the money provides an account and asks for a transfer, and the civil court execs the procedure as a transfer procedure.

3. The case of people being executed is business, state agency, social organization, socioeconomic organization, the payment of the execution of the execution by the transfer.

The case of a civil law enforcement agency obtained a court of law, but it was not yet to be sent to a temporary account in the statute of limitations that the execs were given to the law enforcement agency, and that the civil court exam could pay them with money. your face.

4. When the execution is in the facility, the case of the person who has to enforce the execution and the person who is executed in the same face, the Executive can be paid immediately for the amount of money, the property obtained, after the execution of the execution fee. The payment of money, the property must compile a full record of time, place, family name, reason, the content of the transaction, the money, the property, the signature and the name of the incumbent, the Executive and must have the confirmation of the Social People's Committee. Pay, asset. The border must be delivered to the authorities, save the sentence of execution and transfer to the accounting of the civil law enforcement agency to get into the tracking book.

5. The civil law enforcement agency does the procedure to deposit money into the bank, sending property in the form of a lease of preservation or preservation at the civil court of law enforcement for the amount of money, property stipulated at paragraph 2 Article 126 Civil execution law in the country. the following case:

a) The money, the asset that has not yet identified the address of the recipient or the sum of the 15 days period from the date of the announcement, except for the specified case at Clause 3 This, for which the execs of the court have requested that the execs do not receive it;

After deposing the money, the property, if the person receives the money, the property comes to receive the civil law enforcement agency, the property for the recipient. The deposit portion of the deposit was added to the initial deposit and paid to the recipient.

At the end of the five-year period, since the day of the verdict, the decision to take effect on law or 01 years, since the date of the announcement on the case of money collected after the 05-year period from the day of the verdict, the decision to take effect on the law by which he was executed. There ' s no way to get a civil law enforcement agency to move the money, that property to the State Budget.

b) The amount of money, the property that was obtained but the execution of the court was postponed, suspended only to review the verdict, decided on the procedure of the judge, retrial.

6. Cwish to transfer money via the post office or transfer of funds, lease the assets specified in this Article due to the recipient of the money, the property.

What? 50. The judicial equivalent of civil justice in law enforcement

1. The provincial civil law enforcement agency, the Regional Military District Court in the process of implementation of the sentence, decided to be able to ask for a foreign authority to implement judicial assistance.

The law enforcement case is being held by a civil law enforcement agency that required judicial assistance, and the civil law enforcement agency issued a judicial commission record and sent a provincial civil law enforcement agency to carry out the commission. Legal falls.

2. The procedure, the procedure requires that the implementation of the judicial future follow the provisions of the international convention that Vietnam is a member and law on the future of the judiciary.

3. For the execution of the law that requires the judicial mandate, the processing is as follows:

a) After receiving all the results of the judicial mandate in accordance with the requirements of the law, the body of the civil court performed the execution of the law according to the law of the law of the people;

b) The case of the resulting trust unmet according to the requested content or after 6 months, since the day the Justice Department sent the first valid judicial commission filing that the civil court enforcement agency has asked the judicial mandate not to receive notification of actual results. The law enforcement agency does the second judicial mandate;

c) The case after 3 months, since the day the Justice Department sent a second valid judicial commission filing that the civil law enforcement agency did not receive a notice of the results of the judicial mandate, the body of civil executions based on the documents had been made. To the execution of the law of the law for the execution of the law of the people,

From this point of time, if required by the same person to the same person in the same execution, the statute of limitations stipulated at this point is 3 months; the statute of limitations at this point is 1 month.

d) The case of judicial delegation on the delivery of papers, documents related to property, the person of the incumbent, if the implementation of the second judicial mandate is neither of the result or of the non-recipient, the 10-day period since the expiration of the deadline. specified at this point of paragraph or expiration of the notice period, which is not to be accepted, the body of execution is sent to the person; the case does not specify a recipient's address, the organization issued a document, document, or body. Representative of the agency, the organization issued papers, documents.

4. The implementation of the foreign judicial future in the civil court exam is as follows:

a) A provincial civil law enforcement agency, the Military District Court of the Military District, the authority to accept and dispose of the law of the authority of the authority of the body of foreign jurisdiction involved in the execution of the civil court;

b) The procedure, the procedure of implementing the judicial equivalent of a foreign authority related to the civil court exam is carried out in accordance with the stipulation of the international convention that Vietnam is a member, law on the future judicial and law-related legislation. Civil court.

What? 51. The appearance of the execution of the execs

1. For the agency, the organization is in the obligation to enforce the sentence, the decision stipulated that the decision to suspend the appearance is applied to the representative under the law of the agency, the organization, except for other regulated law cases.

2. To the person who must be executed is obliged to enforce the sentence, the decision on the money, the property that belongs to one of the following cases may not be considered for the appearance of the appearance:

a) There is sufficient property to perform the obligation and have delegated the authority to others on behalf of them addressing the execution of that property; the commission must have the evidence and not to be unbroken.

b) authorised the other to whom the authorized person had enough assets and pledged to enforce the duty of the proxy; the commission must have the testimony and not be unabated.

c) There is a consent of the execs of the execs;

d) The expiration of the title of execution without a base accepted for a overdue execution of execution;

As a foreigner who is a less serious offender who is suffering from poor or without property, income in Vietnam, has a pledge to perform a duty after water.

The order is to have the confirmation of the foreign representative body in the country of the country that the person has the nationality of whether the person is carrying out the obligation to enforce the collection, file a state budget by the rule of Vietnam law;

e) Have the text of the Public Security or Foreign Office agency offering to appear in the case of a person who is a serious offender, very serious, particularly serious that is suffering from poor or non-property, income in Vietnam. but it is not possible to be executed for the appearance or not to determine whether or not the address of the person who is executed or who is executed is the foreigner who has returned to the country and other special cases. The appearance in this case was chaired by the Ministry of Justice, in coordination with the Ministry of Foreign Affairs, the Ministry of Public Security, the Supreme People 's Court, the Supreme People' s Examination Institute, the decision.

3. The case of the person who has to enforce the mandate for the person on behalf of them to resolve the execution, the civil law enforcement agency announces the execution of the court to the authorized person.

The case of the person who must contest the appearance of foreign affairs, the notice is made in the form of a telegram, fax, email or other form if they are required and does not impede the body of the civil court.

4. The release of the appearance of the arrival is made when a decision is made to be determined by the judge, the retrial of the sentence, which decides whether to be executed or when the base is suspended.

Chapter III

CIVIL LAW ENFORCEMENT AGENCY, AGENCY

CIVIL EXECUTION, CIVIL SERVICE WORKER

CIVIL EXECUTIONS

Item 1

CIVIL LAW ENFORCEMENT AGENCY,

CIVIL LAW ENFORCEMENT AGENCY

What? 52. Civil executions system

1. The organizational system of civil executions, except for the organizational system of executions in the military stipulated at Article 54 of this decree organized and managed centring, unified, including:

a) In the Central Committee: The President of the Civil Service is the body of civil law enforcement of the Ministry of Justice.

b) At the provincial level: the provincial civil court of the province, the central city of the Central Committee (later known as the Civil Service) is the body of the civil court for the President of the Civil Service;

c) At the district level: The district law enforcement of the district, county, town, provincial city (later known as the Civil Service Enforcement) is the civil law enforcement body of the Civil Service Enforcement Administration.

2. The President of the Civil Service, the body of civil law enforcement, the emblem of the emblem, the headquarters and its own account.

3. The Minister of Justice regulates the devolve of public administration, the officer, the worker of the civil execution organization system.

What? 53. Mission, authority and organizational structure of the General Directorate of Justice of the Ministry of Justice.

1. The Directorate General of Civil Affairs is the body of the Ministry of Justice, which performs the function of helping the Minister of Justice to administer the state of civil law enforcement to the Article 167 of the Civil Action Law Enforcement Act, state management of the execution of law enforcement. according to the provisions of the Administrative Proceedings Act, the legal documents are relevant and the conduct of specialized management of civil executions, execution of administrative law.

2. The Directorate General of Civil Service is organized under the vertical industry system. The agency of the General Bureau of Civil Service in the Central Committee consists of the Bureau of the Bureau, the case and the equivalent.

3. Function, mandate, powers, and organizational structure of the General Directorate of Civil Service provided by the Prime Minister.

What? 54. The organizational system execs in the military.

The organizational system of executions in the army consists of:

1. In the Ministry of Defense: The Bureau of Defense Enforcement is the governing body of the law enforcement of the Ministry of Defense;

2. In the Military Region and the equivalent: The Military District Court and the equivalent (later known as the Military District Court) are the body of the regional and equivalent military action.

Department of Defense, Military District Court of the Military District of the Military Region of the Military District, the National Defence, Headquarters, and Account.

What? 55. Mission, authority and organizational structure of the Department of Defense Enforcement Enforcement, Regional Military District Court of Action

1. The Department of Defense Enforcement Administration is the body of the Department of Defense, which performs the staff function, which helps the Minister of Defense in coordination with the Minister of Justice for the state of Justice of the execution of law enforcement in the military prescribed at Article 168 Law Enforcement Civil court documents are related and specialized management practices on civil law enforcement in the military.

The Office of the Ministry of Defense has a structure of the organization of the departments, subordinated boards; the Chief Minister, Deputy Chief; Head of the Department, Deputy Head of the Department; Head of the Department, Deputy Head, Jury, Chief Inspector, Senior Inspector, Chief Justice Officer, Chief Justice Officer, Chief Justice Officer, Chief Justice Officer, Chief Justice Officer, Chief Justice Officer, A civil defense and a professional military worker worked as a law enforcement officer.

2. The Regional Military District Court is the body of the military and the equivalent, carrying out the functions of civil law enforcement and other duties, according to the rule of law.

The district office of the district office has the Chief Executive Officer serving as Head of the Department, Deputy Chief Executive Officer and Deputy Chief of the Department, Senior Executive Officer, Senior Executive, Senior Executive, Senior Executive Officer, Inspector General. It was the chief justice officer, the clerk of the execution, the staff, the staff, the defense, and the professional military as the execs of the execution.

3. Function, mandate, jurisdiction, and organizational structure of the Department of Defense Enforcement Enforcement, Department of Military District Court of Military Affairs provided by the Ministry of Defense.

Item 2

ACCEPT THE OFFICER, THE JURY, THE SECRETARY, THE CHIEF MINISTER,

DEPUTY HEAD OF CIVIL LAW ENFORCEMENT

What? 56. Appointment and Entrance Exam

1. The appointment to the Executive threshold must pass the examination by law enforcement of the civil court and the law on the cadres, the public, except for the appointment of a non-enforced appointment at this decree.

2. The Ministry of Justice holds the accepted entrance examination; the regulation of the content, the form, the procedure for the execution of the Executive Officer.

The content, form of a quota from the Executive Officer to the Senior Executive, from the Senior Executive to the Senior Executive to the Senior Executive in accordance with the provisions of the law on the cadres, civil unions, and the law of civil executions.

3. Minister for the Minister of Justice, in coordination with the Minister of Internal Affairs to build a career standard, encodes the number of accepted members to the Minister of Internal Affairs.

What? 57. Accept of the Accept of the Executive

1. There are sufficient standards of the approval quota at Article 18 of the Civil Action Law.

2. Not in the case of being prosecuted for criminal responsibility or is being considered for disciplinary action but there is no conclusion, the final decision of the agency, the organization has jurisdiction and other cases by the rule of law on the cadres, civil officials.

What? 58.

1. The Chief of the Bureau of the Expenditure Examination of the Civil Service of the unit of his unit attends the entrance examination to the Chief Executive Officer of the Civil Service. Secretary of State for the Department of Defense.

2. The Director of the Bureau of the Civil Service of the Civil Service shall be appointed as a member of the civil court for civil law enforcement, civil law enforcement agency subordinated; the Bureau of Defense execs of the Department of Defense of the Department of Defense of the United States. I'm an officer of the Military District Court.

3. The bureau chief, the Deputy Director of the Civil Service for Civil Service; the Director, the Deputy Director of the Department of Defense of the Department of Defense for the Administrative Enforcement of the Military District Court of Public Affairs for those offered to attend. The Executive Committee.

4. The Justice Department regulates the conditions, the preliminary examination, the entrance examination for the non-public to participate in the entrance examination and the public case from the provincial law enforcement agencies participating in the enforcement of the Executive Board. The other provincial civil court.

What? 59. Profile of the National Executive Committee.

1. The competition ' s entrance exam.

2. The recommended text of the Director of the Civil Service for civil action on the body of a civil court or the Bureau of Defense of the Department of Defense for the Military District Court of the Military District.

What? 60. Take over and check the entrance exam

1. General examination of the civilian execution and examination of the project; the announcement of the list of eligible persons and criteria for the examination of the Executive Committee of the Civil Service execs.

2. The Bureau of Defense Enforcement Administration accepts and tests the project; announcing the list of eligible persons and criteria for the enforcement of the Executive Board of the Military District Court.

What? 61.

1. The Minister of Justice decided to set up the preliminary Executive Committee on the recommendation of the General Directorate General of the Civil Service.

2. The preliminary Executive Board of the Executive Committee helps the Minister of Justice to hold the primary and task-tasked board, the following powers:

a) A plan for the implementation of the Executive Board; the format, the rules, the exam, the exam form, the exam time, the exam time;

b) The organization of the exam; the establishment of the examination board, the exam board;

c) The direction and organization; report the results of the exam to the authority to review and decide to recognize the results of the exam;

d) Resolve the complaint, the project ' s denouncing.

3. The establishment of the Board of Lifting The Quota from the Subordinate Administrator to the Senior Executive, from the Senior Executive to the Senior Executive to the Senior Executive, the provisions of the law on the cadres, the civil service, and the law for civil executions.

What? 62. Accept of Accept

1. The Executive Council of the Executive Committee sends the exam results to the Ministry of Justice. The results of the exam results, the General Counsel of the General Court of General Affairs report the Minister of Justice to review, the decision to appoint the Executive Executive.

2. Secretary of the Bureau of Civil Affairs of the Civil Service to file a civil law enforcement agency to report the Minister of Justice to review, the decision to appoint the Executive Officer under the provisions of Clause 6, 7 Article 18 The Law Enforcement Act.

The Minister of Justice specified the case for the appointment of appointing an Executive by the provisions of this clause.

What? 63. Draft selection and appointment of the Executive Committee

1. The selection, appointment of Accept of non-passing by the border of the border, the island, region with economic-social conditions-particularly difficult to apply since 1 July 2015 to the end of June 30, 2020, when sufficient conditions are available. The following:

a) The civil law enforcement body of the district, not the provincial capital unit, has a regional auxiliary coefficient of 0.3 or upward, borders, and islands, regions of economic conditions-particularly difficult;

b) The person who is selected to appoint the Executive Officer has a voluntary commitment to work at the body of the civil court examination at this point a 5 years or more.

2. List of civil law enforcement agencies selected by the National Assembly, appointed by the Executive Committee of the Executive Committee attached to this decree.

3. The appointment, dismissal of the Executive Order for the specified cases at Clause 1 This is decided by the Minister of Justice at the recommendation of the Board of Acceptance Chosen Council.

4. The Board of the Executive Board is established at the provincial level, consisting of the Chairman of the Council as Chairman or 01 Vice Chairman of the Provincial People's Committee; Deputy Chairman of the Council is the Director of Civil Service; the Commissioners are representative of the Department of the Interior, Department of the Interior. Judiciary, usually the Executive Committee of the Provincial Law Society; the secretary helps to be the Head of the Civil Service Enforcement Administration. A list of Council appointed by the Minister of Justice at the request of the Chairman of the Provincial People's Committee;

The Council works by collective mode. The session of the Council was convened by the Chairman of the Council on the recommendation of the Chief Justice of the Civil Service. The assembly only conducted session when at least two-thirds of the members became involved. All the decisions of the Council were adopted at the Council's session; through the decision, there were more than half the total number of voting members.

What? 64.

1. Secretary of the Bureau of Civil Service planning to file a request for the dismissal of a civil law enforcement officer; the Bureau of Defense execs for the Bureau of Defense to prepare the file for the dismissal of the District Office of the Military District Court.

2. The file recommended for the approval of the Executive Officer:

a) Accept the Accept of the Executive, if any, in which specify the reasons of applying for the dismissal of the Executive;

b) The evidence for exempsiology is due to the Acceptance Of The Executive: a health certificate issued by the facility of the disease, the treatment of the district back up to a 6-month term or a certificate of difficult family circumstances or other suitable papers, if any;

c) The petition for the dismissal of the Executive Officer of the Bureau of Civil Service to the Executive Officer of the Civil Service or the Bureau of Defense of the Ministry of Defence for the Executive of the Military District Court.

What? 65.

The administrator may be removed from the Executive by one of the following circumstances:

1. Violation of the rule of law in the process of organizing the execution of the law is not yet to be forced to leave or pursue criminal responsibility but consider the need to apply the form of discipline to the approval of the Executive.

2. Serious breach of regulation at Article 21 Civil Action Law which tests the need to apply the form of discipline to the approval of the Executive.

In order, the Minister of Justice recommended that the Minister of Justice decide to accept the executive order as a discipline to the officer's discipline.

What? 66.

1. The inquisitship is civil, tasked with helping the Chief of the body to administer civil law enforcement, civil law enforcement and regulatory agency, the law enforcement agency in the military carrying out the task of questioning the execution of the execs and other tasks under the rules. of the law.

2. The officer in the army is an officer and professional soldier in the Vietnam People ' s Army.

3. Minister for the Minister of Justice, in coordination with the Minister of Internal Affairs Building a Career Standard, the number of Judges tranche to the Secretary of the Interior.

What? 67. Mission, jurisdiction, authority.

1. Do the examination, check out the enforcement of the execs and are enforced; the examination veritifully of the cases of a complaint letter, denouncing the direction of the head of the body of civil execution law enforcement and civil court exam body; the magistrate. The report, the report, the civil court data and the records, the other documents are related to civil law enforcement.

2. Planning, implement or coordinate with the agencies, the unit involved in order to verify, test, and propose a solution to the task of being assigned.

3. Staff for the Chief of Staff to respond to the appeal, the petition of the Institute of People ' s Control under jurisdiction.

4. Do other tasks taken by the Prime Minister.

What? 68. Jury duty

1. The inquisitor must mirror the law, not stop striving, to train, to maintain the standard of inquisitor.

2. On the conduct of the examination, the examination, the Judge must comply with the laws of law, which is responsible before the law and before the Chief of the Agency for the execution of the assignment.

3. The coroner is not doing the following:

a) That the law on the cadres, civil unions and other related laws rules not to be made;

b) The collusion with the test subject and those involved in the examination, the test falsially dislocations the results of the examination, examination;

c) The examination, examination when there is no decision-making decision of the competent person;

d) Invention of the law of law into the examination, examination or advantage of his influence to impact the person responsible when someone performs the task of an interrogation, examination;

Taking advantage of the office, jurisdiction, inspection, examination to conduct law, harassment, difficulty, trouble for the subject of interrogation, examination; cover for the subject of interrogation, inspection, and associated persons;

e) Revealed, providing information, interrogation materials, checks for those who do not have a responsibility when there is no conclusion.

4. The inquisor is not involved in the examination, examination in case of direct relation to the rights, obligations of the following:

a) wife, husband, children, children,

b) Father, birth mother, foster father, foster mother, grandfather, grandmother, grandmother, maternal grandmother, grandmother, uncle, uncle, aunt, aunt and brother, sister, sister of the Judge, of the President ' s wife or husband;

c) The grandson of the inquisitologist is you, ma'am, uncle, uncle, you, aunt, aunt.

What? 69. Appointment, tranche, Jury tranches

1. The appointment to the threshold, the transfer of the Jury; the content, the form of a tranche from the Court of Appeals to the Chief Justice Officer, from the Chief Justice Officer to the Supreme Court of the execution of the execution. of the law of cadres, civil unions, and the law of civil executions.

2. The Ministry of Defense organizes the Council of Deputies, browsing the eligible persons, offering the Minister of Justice to appoint the Examine in the military.

What? 70.

1. Authority to regulate, rotate, entitate to the Executive, Judge

a) The Minister of Justice decides to run, rotated, the High Court of Appeals not to hold the post of leadership; Accept, the presiding officer is currently serving as the leader of the appointed jurisdiction of the Minister of Justice;

b) General Secretary General of the General Administration of Civil Affairs of the Civil Service to decide whether to move, move, and to the Accept of the Executive, the Judge from one province to the other; the Executive Officer is serving as Deputy Director of the Civil Service. The Vice President and the equivalent of the President of the Civil Service, except for the specified case at this point.

c) Director of the Bureau of Civil Affairs decision-making, rotations, Detectoring envoy, Judge on the grounds of his management. In the case of an action, the Chief Executive, the Judge who holds the position of managing leadership must report to the person who has the authority to appoint the head of the leadership before carrying out the motion, rotation, except for the specified case at point b. This one.

2. The sequence, procedure procedure, rotation, the Executive Envoy, the Judge executed by the rule of the law on civil law enforcement, the law on the cadres, the public and the guidelines of the Ministry of Justice; for the Accept of the acting body of execution. the military district, the inquisitship in the army, according to the provisions of the Ministry of Defense.

3. The Ministry of Justice and the Ministry of Finance stipulated that the regime supports the funding for the rotated, monotone.

What? 71.

1. The law enforcement secretary is a civil law enforcement official, responsible for helping the administrator, Senior Executive Officer, Senior Executive Officer carrying out sequences, procedures for civil conduct or helping the Examine, the Judge of the United States. It is, the senior inquisitor who carried out the task of inquisitalization of the case and was executed, interrogated, verified the cases of a complaint filed by the law, denouncing the civil execution of the law.

2. Minister for the Minister of Justice, in coordination with the Minister of Internal Affairs, to establish a career standard, the number of codes signed by the Secretary of the Interior for the Minister of Internal Affairs.

3. The law enforcement secretary in the military is an officer or a professional soldier. The standard regulation, conditions, procedures, appointments, the dismissal of the Secretary of State for execution in the military, provided by the Secretary of Defense.

What? 72. Standards, jurisdiction, sequence, appointment procedure, reappointment, dismissal, resignation, resignation, demiposition, Deputy Head of the Civil Court of the United States Civil War

1. The Chief Executive, Deputy Chief of the Civil Service Enforcement Enforcement Administration must have the following standards:

a) As the primary administrator,

b) There is a political, moral, clean lifestyle, the sense of discipline, the spirit of responsibility in the work;

c) There is a practical experience of the execution of the people of the people;

d) to execute and organize the duties of the Chief Justice of the Civil Service;

Other standards under the rule of law.

2. The bureau chief, Deputy Director of the Civil Service Enforcement Administration must have the following standards:

a) As the senior administrator,

b) There is political, moral, clean lifestyle, discipline, discipline, accountability.

c) There is a practical experience of the execution of the people of the people;

d) There is an ability to run and organize the tasks of the Civil Service.

Other standards under the rule of law.

3. The Minister of Justice appointed, reappointed, rotated, dismissed, for resignation, demoted, the resignation of the Director of the Civil Service.

The appointment, reappointment, rotation, dismissal, resignation, demoted, demoted to the position of Deputy Director of the Civil Service.

4. The Minister of Justice rules in detail 1, Clause 2 and Clause 3 This.

5. The Secretary of Defense rules the standard, the procedure of appointment, reappointment, rotation, dismissal, dismissal of the office, the Deputy Head of the Military District Court.

Section 3

TAGS, SUPPORT TOOLS, COSTUMES, BADGMEN, RANK

AND THE REGIME FOR THE EXECUTIVE, THE DETECTIVE,

CIVIL JUSTICE EXECS

What? 73. Accept card, Judge execs.

1. Accept of the officer, the Judge is issued a card for use while on duty; when a change of office or other card exchange is changed in accordance with the post, the new title; when the office is required to return the card; if the Executive, the Judge does. It takes the right to report right to the nearest public safety agency and the law enforcement agency where the person knows.

2. Accused by the Department of Justice.

3. The card template, the granting of the broadcast, change and revoking the Executive Card, the Judge prescribed by the Minister of Justice.

What? 74. Subject and type of support tools equipped, used in civil court execution, police.

1. Civil Service Enforcement, Civil Service Enforcement Enforcement, Department of Military District Court equipped with assistance tools to grant the Executive to use as prescribed by law.

2. The types of support tools that are equipped, used in the civil execution exam include:

a) Power batons, rubber batons, electrical gloves;

b) The types of pepper spray, anesthesia;

c) The guns used to fire plastic bullets, rubber bullets, tear gas, anesthesia, and ammunition used for these guns.

What? 75. Planning and equipped with the execution competition tool

1. The base stipulated at Section 2 Article 74 This decree, every year, the Director of the Bureau of Civil Services planning to equip the instrument of support for civil law enforcement agencies under the management of the General Secretary General of the Bureau of Civil Affairs review, decided. Oh,

The Directorate General of the General Administration of Civil Affairs determines the number, the type of instrument that supports the equipment for civil executions.

2. The head of the civil law enforcement officer tasked with providing support for the Accuser used when the execution of the service. When the delivery tool supports the list, there is a vote by the Chief Minister for Civil Action for the user.

What? 76. Purchase, transport, repair, management, use of the law enforcement assistance tool

1. Purchase, transport, repair, management, use of assistance tools implemented under the rule of management of management, use of weapons, explosive materials, and support tools.

2. The equipment, purchase, transport, repair, tool management tool management of the execution competition for the Military Administrative Court of the District execution by the Department of Defense.

What? 77. Liquor, destroy the law enforcement tool

1. Every year, the civil law enforcement agency has to examine, classify the quality of each type of equipment that supports the equipment. Where the aid engine is no longer able to repair, restore, the Civil Service Enforcement Administration aggregate the necessary liquoration tools, the destruction of the Bureau and the Bureau of Subordination, which offers the authority to take over, classify, liquorate, destroy public. Backup.

2. liquoralization, destruction of the instrument of assistance in accordance with the provisions of the law on the order, procedure, authority, and funding serve the reception, collection, classification, preservation, liquoration, weapons destruction, explosive materials, and support tools.

The results of the liquoration, the destruction tool of the Civil Service Enforcement Administration report the Director General of the General Bureau of Civil Affairs to follow suit.

2. The liquoration, the destruction of the law enforcement tool for the Military Administrative Court of the District is now prescribed by the Ministry of Defense.

What? 78. The salary and subsection of the Executive, the Examine, the Executive Secretary, other civil justice and others working as a civil court execution.

1. Accept of the executive, the inquisitor, the Secretary of the Court, the other public and others as a civil law enforcement act, to provide the responsibility of the profession and the other preferable regime according to the rule of law.

2. Senior Executive, Senior Executive, Senior Executive, Magistrate, Chief Inspector, Senior Magistrate, Senior Magistrate is assigned to group 1 of type A1, A2 and A3 professional payroll for cadres, civil officials in the field. state agencies.

The clerk execs the public salaries of an A1-level professional salary for cadres, civil officials in state agencies. The secretary of middle class execs the public salaries of a Class B-class public salary for the cadres, civil officials in state agencies.

3. Accept of an officer, an inquisitship, a clerk for the execution, staff, defense, and professional military work as a civil court officer in the military that is entitled to a degree in charge of duty and other incentives.

What? 79.

1. The badge of civil execution on the hat: having a metal-shaped circle, in the outer circle with a double branch surrounded, the middle of a five-winged gold star is located in the center of the circle, around the two sides with the golden cotton, the bottom of the star is the wheel. Yellow sawtooth. Outside the badge on the double branch there is a red "EXECUTION EXAM".

2. Civil execution level: the title on the shoulders of the shirt and the rank on the vests.

a) The sign on the shoulders of the garment: in the dark blue cloth, the surrounding border with a red crown. On the basis of the signal, the first part is a circular mass with a five-pointed star in the middle, the two branches surrounding, the middle section of the yellow metal-shaped star.

b) The title on the vex consists of types: the simple metal submissive; the pattern of cloth, the carp, the dark blue background, in the middle there is a shield-shaped bar and the surrounding border with a yellow metal or no metal border.

The use of a brand name on the lapel is applied according to each post; the title of civil service and others working as a civil court.

What? 80. The subject is granted the badge, the civil execution effect.

1. Accept of the Executive, Judges, other public and others working as a civil law enforcement act under the Department of Justice of the Ministry of Justice, the body of civil law enforcement is granted the badge, the rank to enforce the mandate under the rule of law. the law.

2. The badge, the title of the Executive, the other titles of the governing body, the body of execution in the military execution by the provisions of the Ministry of Defense.

What? 81. Level for civil service and others working as civil justice execs.

1. The rank of the leader of the General Bureau of the Civil Service as follows:

a) A sign on the shoulders of the chief of the president of the president of the president of the president of the president of the civil court without a line, two stars of a yellow metal-shaped metal star in the middle, at the end of the line, two branches of yellow metal. And the garment is the fir branch of the gold,

b) The sign on the role of a shirt and on the vests of Deputy Director General of the Directorate General of the Civil Service performs as the prescribed rank at the point of this, but in the middle of the line of the player on the shoulder, there is a yellow metal-shaped star.

2. The rank of leader of the units of the Directorate General of the Civil Service as follows:

a) The sign on the role of the head of the head of the unit of the unit of the Civil Service, which has four yellow metal-shaped stars in a two-star position, and two stars along the line, the end of the line is the two yellow metal tiles. But with each other horizonbreadth, the rank of man on the coat of the head of the unit of the President of the people's office, the appearance of a cloth, its appearance, the dark blue background, in the midst of a sword of shield, around the hem of a metal of gold;

b) The sign on the role of the shirt and on the top of the head coat of the head of the unit of the civilian execution of the civilian law enforcement officer, but in the middle of the line on the shoulder of a shirt, there are three yellow metal-shaped stars. It follows the two-star position and one that lies along the line.

3. The rank of the leader of the Civil Service Enforcement Administration is as follows:

a) A sign on the role of the Director's shirt, Deputy Director of the Bureau of Civil Affairs, which is the rank of the accepted member of the Executive Division, which he is holding;

b) The sign on the sheriff ' s lapel, Deputy Director of the Civil Service Enforcement Administration is a yellow single branch.

4. The rank of unit leader of the Civil Service Enforcement Administration, leader of the Civil Service Enforcement Administration as follows:

a) The sign on the role of the head of the unit of the unit, the deputy head of the unit of the unit of the Civil Service.

b) The sign on the role of the Chief of the Chief, Deputy Chief of the Bureau of the Civil Service, is the sign of the accepted threshold that the person holds;

c) The title on the coat of the head of the unit, the deputy head of the unit of the unit of the Civil Service. It ' s a shield, surrounded by yellow metal.

5. Accept of the Executive as follows:

a) A signal on the shoulders of a high-level executive with a two-line yellow thread located vertically in the middle of the line, on a four-star basis with a yellow metal-shaped star, which is a two-star, two-star, two-star position. on the top of the vets is a pattern of cloth, a carp, a dark blue background, in the middle of a yellow-metal shield-shaped sword;

b) The sign on the role of a shirt and on the top of the high-rank Executive is made as the prescribed rank at the point of this one, but in the middle of the line on the shoulder of a shirt, the top three stars of a metal-colored metal star ranked as a two-star, one-star. It ' s a lot

c) The sign on the role of a shirt and on the t-shirt of the Executive Officer performs as the prescribed rank at the point of this, but in the middle of the category on the role of a shirt with two yellow metal-colored mass stars along the line.

6. The rank of Judge execs, other public and others working as a civil law enforcement act as follows:

a) At the top of the role of a high-ranking Judge, Senior Specialist, and equivalent to four yellow metal-shaped stars in a two-star position, two stars along the line, the end of the line is two yellow metal tiles in parallel. Each other horizontend; the sign on the vests is the fabric of the cloth, the carp, the dark blue background, in the midst of a yellow-metal shield-shaped sword;

b) The sign on the role of the shirt, the rank on the coat of the master ' s master, the master and the equivalent of performing as the prescribed rank at the point of this one, but in the middle of the line on the shoulder bridge, there are three yellow metal-shaped stars. Two-star positions, one that lies along the line.

c) The sign on the role of the shirt, the rank above the tick of the Inspector, the Specialist and the equivalent of execution as stipulated at the point of this paragraph, but in the middle of the rank on the role of a shirt with two yellow metal-shaped stars along the line;

d) The sign on the role of the shirt, the rank on the other public garments and the others who worked as a civil law enforcement act at this point, but in the middle of the line on the shoulder bridge, there was a black metal-shaped star. The gold is in the middle of the line, the final part is a yellow-colored metal brick.

What? 82. The outfit of the civil justice execs.

1. Accept of the Executive, Judges, other public and others working as a civil law enforcement officer in the Department of Justice of the Ministry of Justice, Department of Defense of the Ministry of Defense, civil court enforcement agencies, law enforcement agencies in the military. The team is equipped to serve as a law enforcement mission.

2. The outfit granted to the worker execs of the civil service included: The frozen garment, winter jacket, winter cold shirt, worn-out summer clothing, long sleeve shirts, breastplates, leather shoes, leather belts, leather sandals, socks, socks. The caravat, the raincoat, the kêpi hat, the execs on the execs, the skins of the material.

3. The Minister of Justice rules the pattern, the colour, the principle of using the outfit of a civil court executor to apply the unity within the national sphere, except for the case stipulated at paragraph 4 This.

4. The granting of the submission, the use of the costume of the Executive, the Inspector, cadet, defence civil and military civil service works at the Military District Court of Appeals, the Department of Defense of the Defense Ministry of Defense. Oh,

What? 83. Term, issuing, use of clothing, badgrights, civil execution exams

1. The clothing deadline is as follows:

a) Closure clothing: 01 orders 03 years;

b) Austria capped off winter: 01 in 3 years;

c) Austria-based winter cold: 01 of 3 years, granting civil service, officials, workers working on a non-definite labor contract that does not define the time of the Huế from the Huế to the north and the Central Highlands units;

d) The summer garment worn out: 02 sets 02 years;

Austria long-handed shirt: 01 for 01 years;

e) Winter Easter: 01 order 05 years;

g) Summer Easter: 01 orders 03 years;

h) leather shoes: 01 times 01 years;

i) Skin belts: 01 for 01 years;

n) Dforcing da: 01 times 01 years;

l) All legs: 02 twins 01 years;

m) Caravat: 02 every 02 years;

n) Raincoat: 01 for 01 years;

o) Helmets: 01 of the 02 years;

p) The execs of execution: 01 of the 02 years;

q) The pair of documents: 01 for 2 years.

2. The issuing and use of the dress is as follows:

a) Accept of an officer, an inquisor, another public, and others as a civil law enforcement action under the prescribed date of Article 1 of this Article. For the winter clothing, the first summer clothing was given 2 sets; the long sleeve shirt first issued 02 females;

b) The case of a lost or damaged costume has a significant reason to be granted or in return.

3. Accept of an officer, a member of the jury, other public, and others as a civil court executor, the rank for use in the third term of 1 January 01, which was first issued by 2 ministries. The expiration date is changed and the level of the badge, the new rank. When there is a change of office, the title or case of the badge, the title is lost, the damage is changed or reissued the badge, the new rank. When transferring the other business, the Executive, the Judge, the other public, and others working as a civil law enforcement officer is responsible for repaying the badge, granting the Chief of the body to the execution of the law.

Chapter IV

TRANSITION AND ENFORCEMENT TERMS

What? 84. The enforcement effect and the transition clause

1. This decree came into effect from 1 September 2015 and replaced the Protocol No. 1. 74 /2009/NĐ-CP September 9, 2009 by the Government of the Government Regulation and guidelines for the implementation of a number of the provisions of the Civil Executions Law on the body of the governing body of the civil court, the body of civil court and civil justice for civil execution; the decree of the number of people. 58 /2009/NĐ-CP July 13, 2009 of the Government rules the details and guidelines of the implementation of a number of provisions of the Civil Executions Law on Civil Action proceedings; Decree No. 1. 125 /2013/NĐ-CP October 14, 2013 by the Government amended, adding some of the provisions of the Digital Protocol 58 /2009/NĐ-CP July 13, 2009 by the Government of the Government of Regulation and Guide to some of the provisions of the Civil Executions Law on the procedure of civil executions.

2. For the execution of a partial or unenforced execution before this decree takes effect but it has taken the procedures on the execution of the execution under the rules of the Law Enforcement Law and the execs of the execs. The execution of the execs is recognized; the next execs of execution continue to follow the provisions of this decree.

3. Organization, individuals who have the authority to hold a civil court law enforcement of the provisions of the order, the procedure of execution of regulation at this decree, except for the case of another rule of law.

What? 85. Administrative responsibility and direction of execution

1. The head of the law enforcement officer, Executive Officer, public office worker, individual and other organization not to enforce the right sentence, the decision, delaying the execution of the execution, applying the law to enforce the law of law, in violation of the regulations. The procedure for civil action is subject to the extent of the violation of the administrative trial or the prosecution of the criminal responsibility, and if it is committed, it is compensated.

2. Ministers, peer-to-peer agencies, the Prime Minister of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

The Minister of Justice within the scope of the mandate, its powers in coordination with the ministries, the industry is involved in guiding the implementation of the provisions, the delivery and other necessary content of this decree in response to the request for state management of the implementation of the competition. Civil court.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung