The Decree 135/2013/nd-Cp: Revisions, Supplements And Some Articles Of Decree No. 61/2009/nd-Cp On July 24, 2009 By The Government On The Organisation And Operation Of The Bailiff Make

Original Language Title: Nghị định 135/2013/NĐ-CP: Sửa đổi, bổ sung tên gọi và một số điều của Nghị định số 61/2009/NĐ-CP ngày 24 tháng 7 năm 2009 của Chính phủ về tổ chức và hoạt động của Thừa phát lại thực hi

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THE GOVERNMENT.
Number: 135 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 18, 2013

DECREE

Edit, add name and some of the provisions of the Digital Protocol 61 /2009/NĐ-CP July 24, 2009 by the Government of the Organization and Operations of the Inheritance Implementation at Ho Chi Minh City.

_________________________________________

Government Law Base December 25, 2001;

Base of Resolution. 24 /2008/QH12 on 14 November 2008 of the 12th National Assembly on the implementation of the Law Enforcement Law;

Base of Resolution. 36 /2012/QH13 November 23, 2012 of the XIII Congress on the continued implementation of the Hereditary Regime;

On the recommendation of the Minister of Justice;

The government issued the revised decree, added the name and some of the provisions of the Protocol. 61 /2009/NĐ-CP July 24, 2009 Government of the organization and operation of the Inheritance Act performs a pilot in Ho Chi Minh City.

What? 1. Modify the name of the number of Protocol 61 /2009/NĐ-CP July 24, 2009 Government of the organization and activities of the Inheritance Act at Ho Chi Minh City are as follows:

The decree of the organization and activities of the Hưu re-re-issued a pilot in some provinces, the central city of the Central Committee.

What? 2. Modify, add some of the provisions of the Digital Protocol 61 /2009/NĐ-CP July 24, 2009 of the Government is as follows:

1. Modified, add Article 1 as follows:

" Article 1. Adjustment range

The decree stipulated the repetition, the Office of Inheritance; the scope, the procedure to implement the work of the repetition; resolve the complaint, denounce and control over the operation of the Inheritance Implementation in some provinces, the city's subordinated city. "Central".

2. Add Article 2a as follows:

" 2a. Rebroadcast.

The return is the person with the standards, appointed by the State and empowered to do the work by the stipulation of this decree and the relevant legislation ".

3. Modified, add Article 2 as follows:

"Article 2. Explain the word"

In this decree, the words below are understood as follows:

1. Vi Vi is the re-established text, noted the event, the behavior that is stopped as evidence in the trial and in other legal relations.

2. Song is an announcement, recognition of the documents of the Court and the civil law enforcement agency due to the acknowledgation of the law. "

4. Modified, add paragraph 2, Article 7 as follows:

" 2. The cost of the degree of equals and verification of the execution of execution by the requested person and the Office of the Inheritance Agreement in accordance with the work or hours of work.

The Office of Inheritance and the request may be further agreed upon the actual costs of the birth include: travel costs; service fees to the agencies that provide information if there is; the cost to the witness, the participant or the other cost if there is ".

5. Modified, add a paragraph c 3 and paragraph 6, Article 15 is as follows:

" c) The Hereditary Clerk is a Hereditary Office Worker again helping to rediscover the practice of legal work under the rules. The Hereditary Clerk must have specified standards at paragraph 1, paragraph 2 and paragraph 6, Article 10 of this decree and must have a degree from the centre of the law to return.

6. Information Mode, the report of the Hereditary Office is done as follows:

a) A quarterly and yearly, the Office of Inheritance reports the Department of Justice and the Directorate General of Civil Affairs, the Ministry of Justice of the organization and its activities.

At 6 months and annually, the Department of Justice is responsible for reporting the Provincial People's Committee and the Ministry of Justice on the organization and operation of the local Hereditary Offices.

In addition to the periodic report, the Office of the Inheritance Report has been issued as required by the Department of Justice and the Directorate General of Civil Affairs, the Ministry of Justice; the Department of Justice carried out the report on the request of the Provincial People's Committee and the Ministry of Justice.

Every year, the Provincial People's Committee reports the Ministry of Justice on the situation to implement the local remit-making pilot.

b) In addition to reporting on the organization and operation stipulated at the point a 6 of this, the Hereditary Office makes the reporting to serve to the inspection, inspection, inspection, supervision, financial management, tax on the provisions of the law.

c) The Justice Department rules out books, business manifold, information mode, the Office of the Hereditary Office ".

6. Modified, add Article 21 as follows:

" Article 21. The authority, the blackmail.

1. The remit office is entitled to make arrangements to blackmail the Court ' s text, the Civil Service Enforcement Agency of the provincial department, the Central City of the Central District where the Office of the Inheritance Office is located, including: Papers, summons, invitations, decisions bringing the case to trial, the verdict, the decision in the case of the court ' s contemporary absence; the decision on the execution of the court, the paper, the convening of the Civil Courts Enforcement Agency. In the case of necessity, on the basis of the Court's recommendation, the Civil Courts Enforcement Agency, the Office of the Hereditary Inheritance may be agreed upon in order to get rid of the types of texts, other papers.

2. The remit has the right to carry out the extortion of the Courts and the Civil Service Enforcement Agency at Clause 1 of this in addition to the provincial capital, the Central City of the Central District where the Office of the Hereditary Chamber is located ".

7. Modified, add Article 24 as follows:

" 24. Arrangements for the extortion.

1. The extortion agreement signed between the Office of Inheritance with the Civil Service Enforcement or Court in the form of a contract in accordance with the method of the Court, the Civil Courts Enforcement Administration transferred all types of written agreement to the Office of Admit. The return of the order and the Văn Văn Văn Văn Văn Văn Văn re- The escort service contract consists of the following main content:

a) The text needs to be taken.

b) The time of the contract execution;

c) The extortion procedure;

d) the right, the duty of the parties;

"The cost of execution."

2. A civil law enforcement agency or a Court is signed to an escort to a Foreign Office. A Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Văn Nhưa

8. Modified, add Article 25 as follows:

" Article 25. Jurisdiction, scope

1. The inheritance has equal rights to the events, behavior at the request of the incumbent, except for the prescribed cases at Article 6 of this decree; cases of violation of the regulation of security assurance, defense; violation of private life in accordance with regulations. Article 38 of the Civil Code; cases under the jurisdiction of the organization's work act or of the jurisdiction of the People's Committee of the People's Committee and other cases according to the rule of law.

2. Inheritance is set up by events, behavior that occurs in the province, the central city of the Central City where the Office of the Hereditary Office is located. "

9. Modified, add paragraph 5, Article 26 as follows:

" 5. For the duration of no more than 2 days of work since the date of the receiving date, the Department of Justice must enter the logbook vi register. The Department of Justice has the right to refuse to register if the detection of a non-correct degree of degree, not within the scope of a degree by regulation at Article 25 of this decree; the degree is not sent on time to register as prescribed at paragraph 4, Article 26. of this decree. The refusal had to be notified immediately by the Office of the Hereditary Inheritance and the request for a differential in which it was clear due to the refusal to register.

The degree is considered valid when registered in the Department of Justice ".

10. Modified, add Article 30 as follows:

" Article 30. Jurisdiction, scope verification.

The remission has the right to verify the execution of the court exam regarding the execution of the execution by the jurisdiction of the Civil Service Enforcement Agency on the province, the city where the Office of the Hereditary Inheritance is located. When the verification was made, the remit had the right to verify outside the province, the central city of the Central City which housed the Office of the Hereditary Residence in the event of the residence, which had a property in that locality. "

11. Modified, add Article 31 as follows:

" Article 31. Procedure Verification Procedure

1. On the basis of the request and the verification agreement on the conditions of the execution, the Chief Office of the Hereditary Office makes the decision to verify; the decision must clear the base, the contents of the verification, and enter into a reasonable book.

2. The verification is conducted in a required or direct text. When directly verified, the Inheritance Card is re-issued, the publication of the decision, and the publication of the verification. In the case of necessity, the remit has the right to invite specialized or specialist agencies to clarify the contents that need verification.

Other provisions of civil court law enforcement are also applicable in the verification of the execution of the execution.

3. State Treasury, Social Insurance, the authority to register the rights to the land, the security registration authority, the other asset registry, and the agencies, the organization, the relevant individual must carry out the Inheritance Requirement ' s request for verification of enforcement conditions. The case and responsibility for the information provided.

4. The Ministry of Justice chaired, in coordination with the State Bank of Vietnam guidelines for veritifully verification of the Inheritance Implementation of the Hereditary Inheritance at credit organizations ".

12. Modified, add paragraph 2, Article 34 as follows:

" 2. The reissue may be held to enforce the stipulation of Article 1 in addition to the district office, the district where the office is located if there is property, residence or other conditions outside the county table, the district where the office is located. The Ministry of Justice guidelines for the implementation of the Inheritance Case in accordance with the jurisdiction relating to the property that arise outside of the province, the Central City which places the Office of Inheritance ".

13. Modified, add Article 36 as follows:

" Article 36. The general procedure of the execution of the execs.

1. Admit the implementation of the procedures on the execution of the execution under the provisions of this decree. In the case of the decree, it is not applicable to the law of civil law enforcement.

2. Inhereditary offices, the Civil Service Enforcement Agency must coordinate with each other in the provision of information, announcements, verification of execution conditions, to apply assurance measures, coercve executions, and payment of the execution of the executor.

The case of the execs of the execution of a number of different cases in the same sentence, decided by a person with an obligation to enforce it at the same time, the person who is executed has only the right to ask for a civil law enforcement or an office. Rebroadcast the organization. If the terms are enforced by many different people whose obligations are enforced, the execs are entitled to simultaneously require a civil law enforcement agency, the Office of the Hereditary Inheritance for each paragraph.

If in the same sentence, it is decided that many of the people who were executed, including those who asked for a civil law enforcement agency, were asked by the Office to reissue the organization, the Civil Court and the Office of the Hereditary Offices. They have to work together in the execution.

For cases that were held at the civil law enforcement agency, but then there was a document requiring the Civil Court to not continue the execution of the law and ask for the Office to re-release the organization or vice versa. requested to specify the results of the previous implementation, the requirements for the organization to proceed and the contents preserve the results previously (if any). The Hereditary Office, the civil law enforcement agency may accept the offer to preserve the previous outcome of the incumbent as the base of the execution of the execs.

3. Head of the Provincial Bureau of Civil Service, the Central City of the Central Committee where the Hereditary Pilot is responsible for coordinating the coordination of the execution of the civil court execs with the Office of Inheritance and between the offices. "Back to the Table".

14. Modified, add Article 40 as follows:

" Article 40. Applying the coerve measure in the case of mobiling the force of protection

1. In the case of forced execution of a court of protection, the Office of the Hereditary Inheritance must report, please the Chief of the General Board to execute the district civil court where the Office of Inheritance is located.

2. On the basis of the opinion of the Civil Service Enforcement Board, the Office of the Hereditary Hereditary planning, reported the Director of the Civil Service, accompanied by a court of law enforcement to the Bureau of Civil Action, approved of the mandatory planning and decision-making. decided to enforce the execution.

During the period of no more than five working days, since the day received by the Office of the Hereditary Office, the Bureau of Civil Affairs Bureau of Civil Affairs reviewed the approval of the plan and decided to forcibly enforce the execution; the case needed to apply the coerve measure immediately. Then the Director of the Bureau of Civil Service has an opinion on a one-day period of work, since the date of the admission of the Office of Inheritance.

The case is not unanimous, and the answer is clear.

3. After being approved and decided to enforce the execution of the execution, the Hereditary Law is committed to the law enforcement of the civil law enforcement and the provisions of this decree on forced execution of the execution of the law. "

15. Modified Article 41 as follows:

" Article 41. Enforcement of the law enforcement

1. The execution of the law, who shall be executed, is subject to the law enforcement of the law enforcement law enforcement.

2. The remit is subject to charges of forced execution if the coerchre must be redone due to the failure of the Hereditary Inheritance ".

16. Modified, add 1, Article 42 as follows:

" 1. The number of execs obtained from any case, the inheritance returns to the person who is required to be executed according to the required text of the case after the expense of the execution of the court under the law of the law enforcement of the civil court. The remainder of the money, the remit, must return to the execution of the execs. "

17. Modified, add Article 45 as follows:

" Article 45. Resolving the complaint, disputes over the inherited activity.

1. At the same time and those involved have the right to complain to the decision, the conduct of the Inheritance, the Chief of the Office of Inheritance reissued in the implementation of the Inheritance ' s work.

2. The settlement of the complaint was made as follows:

a) For the complaint of a civil court examination, the Chief of the Department of Hereditary Inheritance addressed the first complaint against the complaint of conduct, the decision of the Hereditary Inheritance of the Office for a 15-day period, since the date received a complaint. If the decision was not agreed to the decision of the Chief Office of the Hereditary Office, the complaint had the right to appeal to the Bureau of Civil Service Enforcement Administration, the Central City of the Central District where the Office of the Hereditary Chamber was located. The Director of the Bureau of Civil Affairs resolved the second complaint in the 30-day period, since the date received the complaint. The decision to resolve the complaint of the Civil Service Enforcement Administration has the effect of execution.

The Chief of the Bureau of Civil Affairs, the Central City of the Central District where the Office of the Hereditary Office was again addressing the first complaint against the complaint of conduct, the decision of the Chief of the Office of the Hereditary Office was again for 30 days, since the date received. A complaint. In the case of disagreeing with the decision to resolve the complaint of the Civil Service Enforcement Administration, the complaint has the right to complain to the Chief Directorate General of Civil Affairs-the Ministry of Justice. The Attorney General of the Bureau of Civil Affairs, the Ministry of Justice, decided to resolve the second complaint in the 45-day period, since the date of the complaint. The decision to resolve the complaint of the Chief Directorate General of the Civil Service, the Justice Department took effect.

In case of necessity, the Minister of Justice has the right to reconsider the decision to resolve the complaint to the execution of the execs.

Other regulations regarding the settlement of the law enforcement are carried out in accordance with the law of civil law enforcement.

b) The settlement of the complaint in the extortion of the text of the Court made by the rule of the law of civil, criminal, administrative, and administrative law.

c) For other complaints concerning the operation of the Hereditary Inheritance, the Director of the Provincial Judicial Department, the Central City of the Central District where the Office of the Hereditary Office was again decided to settle for the first time in a 30-day period, since the date received a complaint. In the case of disagreeing with the decision to resolve the complaint of the Director of the Department of Justice the complaint has the right to complain to the Minister of Justice. The Minister of Justice addressed the complaint in the 45-day period, since the date received the complaint. The decision to resolve the complaint of the Minister of Justice has the enforcement effect.

3. The dispute over the implementation of the contract and compensation of the damages in addition to the implementation of the work of the Inheritance due to the authority of the authority to resolve under the rule of law ".

18. Modified Article 47 as follows:

" Article 47. Resolution of the report in the operation of the Inheritance.

The denouncing and settlement of the charge in the operation of the Hereditary Inheritance is carried out by the regulation of the Law of Prosecution and the related text ".

19. In the digital decree 61 /2009/NĐ-CP July 24, 2009 of the Government, the phrase "Ho Chi Minh City" was amended to "the province, the Central City of the Central Committee where the Hereditary Regime is implemented".

What? 3. Effect and accountability

1. This decree has been in effect since December 5, 2013.

2. For cases that have been reissued to implement a partial before this decree is effective and correct law enforcement results; the next implementation must comply with the provisions of this decree.

3. Minister, Deputy Head of the Ministry of Foreign Affairs, Head of Government Affairs, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee is responsible for the implementation of this decree.

4. The Justice Department within its mandate range, its powers in coordination with the Supreme People 's Court, the Supreme People' s Examination Institute and the ministries, the industry is concerned with the implementation of this Decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung