Circular 01/2013/tt-Btp: A Guide To The Statistics Report Mode Civil Enforcement

Original Language Title: Thông tư 01/2013/TT-BTP: Hướng dẫn Chế độ báo cáo thống kê thi hành án dân sự

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JUSTICE DEPARTMENT
Number: 01 /2013/TT-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 3, 2013

IT ' S SMART
Instruct the report mode to report civil executions

______________________

The Civil Law Enforcement Act of 2008;

The Bureau of Statistics Act 2004;

Base of Protocol 40 /2004/ND-CP 13/02/2004 of the Government rules the details and guidelines for the implementation of a number of provisions of the Statistical Law;

Base of Protocol 93 /2008/NĐ-CP August 22, 2008 by the Government of the Government, on the Ministry of Justice, on August 22, 2008.

Base of Protocol 74 /2009/NĐ-CP September 9, 2009 of the Government of the Government Regulation and guidelines for the implementation of a number of the provisions of the Law Enforcement Act for the body of the law enforcement of the civil court, the body of the civil court and the public for the execution of the civil court;

The Minister of Justice Department of Justice issued the Information Instruction Mode for the census statistics as follows:

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. The adjustment range:

This information instructs the regime to report the census statistics, including: the establishment and dispatch of the census statistics; the methodology in the report statistics for civil conduct; the use and publication of the information statistics of civil conduct; the organization. There is a Civil War Statistical Statistical Act; inspection, inspection, reward, and breach of violation in the implementation of a census report.

2. Subject applies:

a) the president of the service of the people;

b) The Bureau of the Provincial Civil Service, the Central City of the Central;

c) The law enforcement of the county civil court, district, town, city of the province;

d) Accept of the officers and officers of the civil service;

The Bureau of Defense.

e) The Military District Court, and the Military Region (later known as the Military Administrative Court);

g) Accept of passengers and cadres, civil officials working on civil court executions in the military;

h) The organization, the other individual that is involved in the enforcement of civil executions in accordance with the rule of law.

What? 2. Icon System

The statistical system for the civil execution of the civil court accompanying this message includes:

1. Category and hierarchy execution manifold.

2. Civil execution examination patterns:

a) The results of the execution of the civil court by the enforcement of the execs;

b) The results of the civil execution of the civil court by the order of the execution of the execs;

c) The results of the civil execution of the criminal act of execution;

d) The results of the civil execution of money in accordance with the application of the execution of the law;

The results of a civil law enforcement act by the organization, the individual is executed.

e) The results of the civil execution exam by sharing the enforcement of the execs and the Executive Committee;

g) The results of the civil execution of the civil court by the body of the execs of the execs of the execs and of the Executive;

) As a result of the issue of judgment, and for a reduction in the judgment of the people;

i) The number of jobs and amounts in the sentences, the decision of the Court of Unknown, of error, the law enforcement agency has asked for an explanation, the petition and the answer outcome of the Court or the competent person;

) The number of forced executions of no mobiles and forces mobiles;

l), and let him plead and settle the complaint in the execution of the civil court;

) The charge and the interpretation of the service of the civil court;

n) The results of the implementation of the border and civil law enforcement mechanisms;

p) The civil degree of civil law enforcement;

q) The number of monitoring and results of supervised conclusion;

r) The number of inspections and results of the examination;

) The number of jobs, the amount of the sentence, the decision to have the appeal and the appeal treatment of the Court and the Institute of Control;

) The number of things, the compensation of the state in the law of the people,

u) The number of administrative executions.

What? 3. The Agency received the Behavioral Examination report Civil and civil law enforcement report.

1. The Agency for the report of the census statistics:

a) the service of the service of the people;

b) Civil executions;

) The president of the service of the people;

d) The people 's council, the same people' s committee;

The Chamber of Military and Armed and equivalent (later called the Military District);

e) Court of law enforcement-Department of Defense;

g) The commander of the district.

h) The statistical authority on the same level.

2. The self-reported report of civil execution:

a) Accept of the report of the census statistics for the unit where the Executive Officer;

b) The Civil Service Enforcement Administration report statistics to the Civil Service Enforcement Administration, the People's Assembly, the District People's Committee, and the statistical authorities of the same prohibited;

c) The Civil Service Enforcement Administration reports Statistics to the General Bureau of Civil Affairs and the People's Assembly, the Provincial People's Committee, and the department of Statistics and Prohibition;

d) Accept of civil law enforcement officers in the military report statistics to the Military Administrative Court of the District of the Executive Officer;

The Department of Military action report statistics for the Military District Command and Bureau of Defense Enforcement;

e) The Department of Defense of the Ministry of Defense reports the statistics to the Minister of Defense and the Minister of Justice (Directorate of Civil Affairs);

) The President of the General Assembly of the General Assembly of the General Assembly of Civil Service Statistics in the country reports the Minister of Justice to report the Government, the National Assembly, and other competent authorities upon request.

What? 4. Census report statistics

1. Statistics periodically:

The census report, the periodic census, consists of 19 forms, which are specified in Clause 2, Article 2 of this.

2. Report of the following:

The report-statistics report is carried out on a written request by the authority of the authority. The case needs a report of a report of a sudden in order to make the requirements for state management in the civil court exam, the required agency must require a written report, stating the time, deadline, content report content and other requirements (if necessary). To organize, the individual is required to do so.

What? 5. Civil executions statistics report

The report of the census statistics is calculated on the date of the calendar day, beginning on 1 October of the previous year and ending on the last day of the months corresponding to that statistive. The following year the census statistics concluded on September 30 of the following year. The report of the census statistics consists of 12 hours: 1 month, 2 months, 3 months, 4 months, 5 months, 6 months, 8 months, 9 months, 10 months, 11 months, 12 months.

What? 6. The legal value of the number of civil executions statistics

The census statistics are a part of the statistics of the judiciary. After publication of legal value, no organization, any individual being changed or forced to organize, the other individual published the census statistics wrong. Civil law enforcement statistics are one of the bases for carrying out management, running civil executions.

Chapter II

CIVIL EXECUTION STATISTICS

AND IMPLEMENT THE CIVIL LAW ENFORCEMENT REPORT.

What? 7. The method of calculation in the action statistics report Civil.

The census statistics for civil executions are calculated according to the method of ramiwork.

What? 8. Make a census report for civil law enforcement

1. End of the statistical report of organizations, individuals who perform statistical reports must close the final data, the key to the report. The outcome of the period must be reported in that period.

2. End of the year of reporting, the Civil Service Enforcement Administration lists the unorganized civil court execution of the year after sending the President of the Civil Service-the Ministry of Justice to monitor, administer.

The Bureau of Public Affairs is an unorganized law enforcement organization that has not been completed until next year, and sends the Department of Defense to monitor, manage.

3. The date of the statistical report is calculated immediately after the date of the window. If the date of the report of the prescribation with the holidays, the New Year or the weekend, then the date of the statistical report is the next day of work immediately after that date.

4. The way that statistical reporting is made in accordance with the guidelines on Appendix 2 issued this message.

What? 9. The form of a civil law enforcement report and the method of sending the report of civil court executions.

1. The report of the census statistics:

a) The civil execution exam report of the Civil Service Enforcement Bureau, the Civil Service Enforcement Enforcement, the Military District Court of Public Affairs, signed by the letter, the signature, the name of the scribe, the secretary, the name of the Chief, the Chief, and the Chief Minister. The Military District Court execs, which stamp out the prescribed release and the e-mailed electronic data file.

b) The Executive Committee of the Executive Committee of the Executive is expressed in writing, signed by the signature, the name of the person who represents the Executive.

2. The method of sending a civil execution exam report:

The report of the census statistics is sent to the location of the report by one of the following methods:

a) Send by mail.

b) Send directly.

The required case, in order to ensure the required amount of time at the request of the competent authorities immediately after the signing of the issue, may send a statistical report via email or Fax. E-mailing, must use the email box issued by the Department of Justice ( xxx@moj.gov.vn ). Then send the original on the Civil Service Enforcement Administration to follow, manage.

What? 10. Send date and deadline to send a census report

1. The date of the report of the census statistics:

The date of the census report is the date of the record on the post, Fax reported, the date of the email or date of the report if the report sent directly.

2. The deadline to submit a census report for civil execution:

a) The delay before the 3rd of the next report, the Accept of submitting a report of the results of the previous exam results to the Chief Minister of the Civil War.

b) Slowly before the January 5 of the next report, the Civil Service Enforcement Administration must submit a report of the results of the previous period of its unit to the Civil Service Enforcement Administration and the agencies receiving the prescribed statistical report;

c) Slowly before the 10th day of the next report, the Civil Service Enforcement Administration must submit a report that statistics the results of the previous period of the unit and the entire province to the General Bureau of Civil Affairs and the agencies receiving the prescribed statistical report;

d) The delay before the 3rd of the next report, the civil court execs in the military must submit a report of the exam results of the previous term to the Chief of the Court for the execution;

First before the 05 of the next report, the Military District Office of the Military District Court must submit a report of the preterm civil execution of its unit to the Bureau of Action-the Ministry of Defense and the agencies that receive the prescribed statistical report;

e) Slowly before the 10th day of the next report, the Bureau of Defense Executions Department sent reports of statistical results in the previous military to the Minister of Defense and the Minister of Justice (the General Directorate of the Civil Service) and the agencies receiving the report. The statistics are prescribed.

g) The delay before the 15th of the next report, the General Court of the Civil Service must submit a report that statistics the results of the previous term to the Minister of Justice.

What? 11. Edit the figures in the civil execution exam report.

When you have to edit the number of data in the civil action manifest report, the unit, the individual report the statistics must submit additional reports and clear information about that editing and must have a confirmation signature, the agency's stamp stamp. Strictly prohibited self-removal, deleting in the statistical report manifold.

What? 12. Check, inspectors in civil execution exam.

1. Check in the census statistics:

Check in the census statistics that includes the following content:

a) The implementation of the provisions of the law of statistics;

b) The implementation of the census report for civil execution;

c) Other content related to civil execution statistics.

2. The inspector in the census statistics:

The inspector in the census statistics is carried out in accordance with the law of the inspector general.

What? 13. The authority to publish the figures in the report statistics for civil executions

The Minister of Justice published the figures in the report statistics for civil executions or authorship to the General Secretary General of the Civil Court execution. The form of the law is in accordance with the law.

What? 14. Use the information in the civil execution exam report.

The data in the report statistics is used as one of the bases when deciding some of the following basic issues:

1. Assessment of the outcome of executions, organizational situation, activities of civil law enforcement agencies, Accept of the Executive, Presiding Officer, Clerk and cadres, other public officials in the reports, five reports.

2. Plan the execution of the execution and the conduct of the execution of the annual execution exam for the body of the civil court and the Executive of the Executive.

3. Subsection of payroll; assessment, planning, training, fostering, rotation, Executive Accept, Judges, cadres, civil service enforcement officials.

4. Charge of the race competition, only complete the task of a civil execution body.

5. Do a financial regime in the civil court exam; consider the decision to invest the funding of the headquarters, the object store, the execs of the execs; the media site works for the local civil law enforcement agency.

6. The Government Report, the Standing Committee of the National Assembly, the National Assembly and the competent authorities under the regulation of the law.

7. Use other jobs for management purposes, operating civil execution activities.

Chapter III

THE ORGANIZATION.

What? 15. Responsibility for the implementation of the Civil Action Report.

1. The Directorate General of Civil Affairs of the Ministry of Justice helps the Minister of Justice to guide, direct, check, the administration of the implementation of the National Executive Report.

2. The Civil Service Enforcement Administration is responsible for implementing and guiding, directing, running, and examining the implementation of the Statistical Report Mode on the Executive Officer of the Civil Service Enforcement and Civil Service Enforcement Enforcement.

3. The Civil Service Enforcement Administration is responsible for the implementation and the general examination of the Executive Committee on the implementation of the Civil Service.

4. The Bureau of Defense Enforcement Administration is responsible for implementing and helping the Minister of Defense instructs, directing, examining the administration of the implementation of the Civil Tribunal for civil execution in the military.

5. The Military District Court of the Military District is responsible for implementing the National Executive and Guide statistics, directing, managing, and managing the implementation of the Civil Tribunal for the Executive Committee of the Executive Committee.

6. The executive is responsible for the implementation of the Civil Action Report.

What? 16. Coordination of coordination in the implementation of the National Court of Civil Action Report

The working relationship between the General Directorate of Civil Service with relevant units in the implementation of the Civil Tribunal Examination Regime is done according to the provisions of the Digital Information Act. 08 /2011/TT-BTP April 5, 2011 of the Ministry of Justice guidelines for a number of the statistics on the statistical work of the judiciary.

What? 17. Khen reward and processing violation

1. Organization, individuals whose achievements in the implementation of the National Court of Statistics report are rewarded under the current regulations.

2. Organization, individuals who have infringed violations of the National Court of Human Rights Watch report, depending on the nature and level of violations that will be subject to disciplinary action or to pursue a liability under the rule of law.

What? 18. Effect of execution

1. This information is in effect since 20 February 2013 and replaces the number decision. 02 /2006/QĐ-BTP April 14, 2006, the Minister of Justice issued a civil court.

2. In the course of execution, if there is a timely response to the Ministry of Justice to study, resolve.

Minister.

(signed)

Qiang Qiang