Circular 14/2011/ttlt-Btp-Bca-Tandtc-Vksndtc-Btc: Manual Operation Of The Steering Committee Of Civil Enforcement

Original Language Title: Thông tư liên tịch 14/2011/TTLT-BTP-BCA-BTC-TANDTC-VKSNDTC: Hướng dẫn hoạt động của Ban Chỉ đạo thi hành án dân sự

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Pursuant to the law enforcement of civil judgments in 2008;

Pursuant to Decree No. 74/2009/ND-CP dated 9 September 2009 the Government detailing and guiding the implementation of some articles of the law on the enforcement of regulatory enforcement of civil, civil enforcement agencies and public servants to do the work execution;

After the reunification with the Standing Committee of the Central Committee of the Vietnam Fatherland Front;

The Ministry of Justice, Ministry of public security, the Ministry of finance, the Supreme People's Court and the Supreme People's Procuracy active guidance of the Steering Committee of the civil execution as follows: article 1. The function of the Steering Committee of the civil judgment enforcement steering civil enforcement staff help people's Committee at the same level in implementing the tasks, powers of committees specified in paragraph 1, paragraph 2 Article 173; paragraph 1, paragraph 2 Article 174 civil enforcement Law and article 13 of Decree 74/2009/ND-CP dated September 9, 2009 by the Government as proposed by the heads of civil enforcement agencies the same level, including: 1. Directing the organization coordinating the relevant agencies in the enforcement of civil judgments.

2. Directs the Organization of coercive enforcement of the large, complex case, have influence on the political, security, social safety and order in the locality according to the recommendations of the heads of civil enforcement agencies the same level.

Article 2. The duties and powers of the Board directed the civil enforcement 1. Draft construction program, the plan of the people's Committee at the same level on the direction the organization coordinating the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular process of the people's Committee at the same level.

2. To help the Commission implement people programs, plans and direction of the people's Committee about steering the organization coordinating the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular.

3. Propose to the people's committees of the same level of measures directing the timely resolution of these problems, the difficulty arises in the direction the organization coordinating the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular.

4. General People's Committee at the same level to help steer the organization coordinating bodies, relevant organizations with civil enforcement agencies in organizing civil projects comply with regard to the cases specified in article 1 of this circular.

5. check or organization in collaboration with the relevant authorities to check the implementation of the conclusions of the Steering Committee of civil enforcement, the opinion of the Committee about steering the organization coordinating the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of This circular.

6. The Chairman suggested the people's Committee and the competent authority rewarded collective, individual achievement in the work of civil enforcement at the local level.

7. Agency recommendations, the Organization has the authority to take measures promptly to those breaking the law on the enforcement of civil judgments.

Article 3. The duties and powers of the Chairman, the Vice Chairman, the Commissioners and the Secretariat of the Steering Committee of the civil judgment enforcement 1. The duties and powers of the Chairperson civil enforcement: a) operating activities of the Steering Committee of civil enforcement to carry out the task of steering the implementation of civil projects;

b) decide the content of the meeting, convened and chaired the meetings of the Steering Committee of the civil judgment enforcement;

c) assigned to the Deputy head and the members of the Steering Committee of the implementation of the work of the Steering Committee of the civil judgment enforcement;

d) directed the coordination activities of the members of the Steering Committee and civil enforcement agencies, relevant local organizations in the implementation of projects;

DD) decide to check or election of members of the Steering Committee of civil enforcement coordination with relevant authorities to check the implementation of the people's Committee in the enforcement work locally;

e) responsible to the people's Committee of the assigned task.

2. duties and powers of Deputy Chairperson civil enforcement: a) the Permanent Steering Committee of civil enforcement, on behalf of the Chairperson, the Executive activities of the Steering Committee of the civil judgment enforcement when the Chief is absent or is head of authorizations;

b) Help the prefect in the direction of Steering Committee activities and enforcement responsible for these tasks are delegated manager;

c) directly addressed the regular work of the Steering Committee of civil enforcement, signed the text of the enforcement of civil judgments by the Chief of the people's Committee of the same level to decide measures to steer the Organization to coordinate the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil the for the cases specified in article 1 of this circular after comments concluded the meeting of the Steering Committee of the civil judgment enforcement;

d) hosted the meeting, the meeting of the Steering Committee of the civil judgment enforcement, prepare the conditions for the implementation of civil projects, estimating the funding activities of the Steering Committee of the civil judgment enforcement sent financial institutions the same level the General People's Committee at the same level for approval;

DD) urge civil enforcement agencies, organs, organizations relevant implementation guidance of the people's Committee at the same level on the direction the organization coordinating the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular.

3. duties and powers of the Member of Steering Committee of civil enforcement: a) full participation in the meetings of the Steering Committee of the civil judgment enforcement;

b) propose measures to solve these problems, difficulty in directing the organization coordinating the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular.

Responsible for his comments in the meeting of the Steering Committee of the civil judgment enforcement; case of exceeding authority, must seek the opinion of the heads of unit and must also bear the personal responsibility of the opinion;

c) within the scope of the functions, duties and powers of the units themselves, are responsible for directing or suggestions directed towards collective, individuals in the industry, his unit works closely with the enforcement agencies according to the decision of the Chairperson to enforce civil judgments;

d) collective Agency leaders Together, review his unit, solve the problems related to steer the Organization to coordinate the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of the circular of the management function of the industry his unit, and convey the comments to conclude the session of the Steering Committee of the civil judgment enforcement units next to coordination;

DD) in collaboration with the relevant authorities to check the implementation steering the organization coordinating the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular by the decision of the Chairperson to enforce civil judgments;

e) perform other duties enforced by the Chairperson of the assignment.

4. duties and powers of the Secretary of the Steering Committee of civil enforcement: a) Help steering the implementation of the programme, planning and directing the work execution;

b) expediting implementation of the program, plans to help the Committee directs the Organization to coordinate the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular by the Steering Committee of the civil execution and results direction of the people's Committee at the same level. The event of problems arising in the implementation, it must promptly report the Chairperson or Vice Chairperson to the enforcement measures;

c) proposed the content of meetings and preparing meeting of the Steering Committee of the civil judgment enforcement, recording the minutes of the meeting of the Steering Committee of the civil judgment enforcement;

d) Posted the program, plan, writing about the opinions or decisions of the people's Committee at the same level on measures to steer the Organization to coordinate the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular to the members of the Steering Committee civil enforcement agencies, organizations, individuals related to implementation;

DD) prepare a written report to the Chief or Deputy Chief signed the people's committees of the same level to decide measures to steer the Organization to coordinate the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular locally after having the conclusions of the Steering Committee of the civil judgment enforcement;

e) general situation, the draft report the results of the direction the organization coordinating the relevant agencies in the enforcement of civil judgments and directed the Organization of coercive enforcement of civil judgments for the cases specified in article 1 of this circular and reports the activities of the Steering Committee of the civil judgment enforcement Chief consider enacting;

g) perform other duties enforced by the Chairperson of the assignment.

Article 4. Establishment of the Steering Committee of civil enforcement


1. the people's committees, the central city in the decision establishing the Steering Committee of the civil judgment enforcement, central cities (hereafter referred to collectively as the Steering Committee of provincial civil enforcement) on the basis of the proposal of the Director General civil enforcement.

2. the people's Committee of the district, County, city, town in the decision establishing the Steering Committee enforce civil District, district, town, city in the province (hereinafter referred to as the Steering Committee of the civil judgment enforcement district level) on the basis of the proposal of the Bureau Chief of the enforcement Bureau.

3. the Steering Committee decided to establish a civil judgment enforcement follow the form prescribed in annex I and annex II of this circular.

Article 5. Steering Committee composition the civil judgment enforcement 1. Steering Committee composition the provincial enforcement include: a) the Chairman or Vice Chairman of the 1st people's Provincial Committee-head of Department;

b) Director General civil enforcement-Vice Chairman;

c) Commissioners including: Justice Department leadership representatives, Department of finance, Department of natural resources and the environment, the provincial public security.

Invite the representative leader of the people's Court, people's Procuratorate and national levels the join meetings civil enforcement;

d) in the case of need, the provincial people's Committee may invite representatives of one or a number of agencies, related organizations at provincial Steering Committee members do the implementation of civil projects, such as: the Department of the Interior, Department of building or Facility planning-architecture, Department of labor, invalids and Social Affairs , Department of information and communication, Department of traffic and transport, social insurance of the province, the military command of the province, Veterans Association, the women's Union, the farmers ' Union, the Ho Chi Minh Communist Youth Department and other related agencies;

DD) secretariat of the Steering Committee of the provincial enforcement is 10 servants of the enforcement Bureau.

2. Steering Committee composition the civil judgment enforcement district level include: a) the Chairman or Vice Chairman of the 1st people's Committee at district level-head;

b) Bureau Chief of civil enforcement Bureau-Deputy Chief;

c) Commissioners including: justice leadership representative, finance, natural resources and environment, the police district level.

Invite the representative leader of the people's Court, people's Procuratorate and national districts join meetings civil enforcement district level;

d) in the case of need, the people of district level people's Committee may invite representatives of the agencies, related organizations at the district level Committee members Steering Committee of civil enforcement divisions, such as the Interior Room, building or urban management, labor, invalids and Social Affairs , Information and communication, social insurance, the Commander of the military, veterans, women's Union, the farmers Association, Youth Union Ho Chi Minh's Communist and other related agencies;

DD) secretariat of the Steering Committee of civil enforcement at district level is the 1st of the enforcement Bureau.

3. the head of Department, Deputy Head of the Committee, the Commissioner and the Secretary of the Steering Committee of civil enforcement (known collectively as members of the Steering Committee of the civil execution) working in part-time mode, personal responsibility before the Chairperson of the enforcement task.

Article 6. The principle of operation of the Steering Committee of the civil judgment enforcement 1. Chief of the people's Committee of population for the same level of duties and powers steering the work of the enforcement function correctly, timely, according to the provisions of the law.

2. Respect the professional activities of civil enforcement agencies as prescribed by law.

3. Promote the coordination role of the ministries active in directing the work of civil enforcement within the scope of the functions and duties and powers.

Article 7. The working mode of the Steering Committee of the civil judgment enforcement 1. Steering the implementation of the work under the collective modes. In the meeting of the Steering Committee of the civil judgment enforcement, issues to be discussed, discussed collective, then Chairperson civil enforcement concluded; the case has different opinions must be recorded in the minutes of the meeting to report to the President of the people's committees at the same level of consideration for comments resolved. Documents of the meeting shall be sent to the members of the Steering Committee of the civil judgment enforcement before the 3 days of the meeting organizer. Absent members must have comments about content writing service the coercive enforcement of civil judgments that the Steering Committee of the civil judgment enforcement will talk to the Secretary of the Steering Committee of the civil judgment enforcement report at the meeting.

The conclusions of the Steering Committee of the civil judgment enforcement must express the opinions of the members attending the meeting, by the head of Department or the person authorized to sign board.

2. During the implementation of the conclusions, if any problems arise, the Board directs the enforcement of civil judgments held meetings to analyze and evaluate, given the proposals aims to solve that problem.

3. The Steering Committee meeting of the civil judgment enforcement periodically every quarter, unscheduled meeting, at the request of the Chairman or the Vice Chairman's proposal.

4. Members who participate in the activities of the Steering Committee of the civil execution and implementation tasks to be Chairperson of the Enforcement Division.

Article 8. In information mode, the report of the Steering Committee of the civil judgment enforcement 1. The program, planning and directing the work of enforcing civil judgments and opinions of the people's committees at the same level must be sent to the members of the Steering Committee, civil enforcement agencies, relevant organization to perform.

2. The Steering Committee on implementation of the people's Committee report the same level according to each service the coercive enforcement of civil judgments; periodic reports quarterly, six-monthly and annually with the people's Committee at the same level, provincial-level people's committees and civil enforcement agencies provincial level (the Steering Committee for the implementation of the district level); the report, the provincial people's Committee Of the enforcement Bureau of the Ministry of Justice (the Steering Committee for the implementation of the provincial level). Irregular reports as required by the competent authority.

Article 9. Public relations work of the Steering Committee of the civil judgment enforcement 1. The relationship between the enforcement of civil judgments with the agencies, relevant local organizations: a) Steering Committee of the civil judgment enforcement is subject to the direction of the people's committees at the same level in the Executive direction, coordination of activities, the relevant institutions, bodies with civil enforcement agencies in the enforcement of civil judgments;

b) Steering Committee of the civil judgment enforcement works closely with agencies, local relevant organizations to promote synergy of the political system that, creating favorable conditions for joint implementation of projects;

c) Steering Committee the provincial enforcement promptly steer, guide and answer comments sometimes Steering Committee of civil enforcement at district level. The Board directs the enforcement districts implementing guidance, the guidance of the Steering Committee the provincial enforcement; If there are obstacles, difficult to timely report the Steering Committee the provincial enforcement.

2. The relationship between the enforcement of civil judgments with the enforcement agencies: a Steering Committee) enforce the timely organization of the meeting to discuss measures to steer work to coordinate and organize the implementation of the coercive suggestion of Heads of civil enforcement agencies the same level;

b) civil enforcement agencies actively perform tasks, powers helped the people's committees at the same levels in the direction the organization coordinating the relevant agencies in the enforcement area and directed the Organization of coercive enforcement of the large, complex cases , have influence on the political, security, social safety and order in the locality as defined in paragraph 6 and paragraph 6 article 14 article 16 of law enforcement of civil judgments. The case had difficulties and obstacles in the implementation of tasks and powers shall promptly report the Steering Committee of the civil judgment enforcement Chief to help steer people's Committee resolution.

Article 10. Take the text and using the seal text of the Steering Committee of the civil judgment enforcement is retrieved and used a seal as specified in circular No. 01/2011/TT-BNV May 19, 2011 Interior Ministry's Guide Protocol and techniques presented in the text.

Article 11. Cost of operation of the Steering Committee of the civil judgment enforcement 1. Cost of operation of the Steering Committee of the civil execution by the local budget guarantees, granted through civil enforcement agencies the same level.

Every year, the enforcement agencies estimating the expense of sending financial bodies of the same level to the overall synthesis on the budgeting Committee report the same level to be considered for approval under the provisions of the State budget.

2. Members of the Steering Committee of the civil judgment enforcement entitled fostering mode by the President of the people's Committee at the same level and fostering mode decision coercive enforcement of civil judgments when taking coercive enforcement of civil judgments.

Costs and source of the genus fostered coercive enforcement of civil judgments for members of the Steering Committee of the civil judgment enforcement made under the provisions of the law on coercive enforcement of civil judgments.

Article 12. Terms of implementation 1. This circular effect since April 30, 2011.

2. The Steering Committee of the civil judgment enforcement is established and operating according to the model regulations on the Organization and functioning of the Steering Committee of the implementation of the provincial level, district level attached to decision No 96/2002/QD-BTP on 22 March 2002 of the Minister of Justice in action but at the event and activities under the provisions of this circular within not more than 45 days from the date of this circular are enforceable.

Decision No 96/2002/QD-BTP on 22 March 2002 of the Minister of Justice on issuing "model regulations on the Organization and functioning of steering the work of the provincial enforcement, district of" expired from the date of this circular effect.

3. in the implementation process, if there are problems, difficulties, recommended the agencies, organizations, individuals and steering the implementation of the report of the Ministry of Justice or the Ministry of public security, the Ministry of finance, the Supreme People's Court and the Supreme People's Procuratorate to coordinate timely resolution./.