To base the enforcement Ordinance on 14 January 2004;

Pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 50/2005/ND-CP on 11 April 2005 the Government regulators enforcing civil judgments, civil enforcement agencies and officials and public servants to do the work execution;

Pursuant to Decree No. 117/2003/ND-CP dated 10 October 2003 by the Government on recruitment, use and management of civil servants;

Pursuant to Decree No. 9/2007/NĐ-CP on 15 January 2007 the Government amended and supplemented a number of articles of Decree No. 117/2003/ND-CP dated 10 October 2003 by the Government on recruitment, use and management of officers and civil servants in State agencies;

To apply the rules of organization cadre civil enforcement agencies, the Department of Justice guide to some of the following points: the first section RECRUITED, RECEIVING PUBLIC SERVANTS i. principles, CONDITIONS and EMPLOYMENT RECORDS, RECEIVING the recruitment OFFICER, receiving public officials civil enforcement agencies comply with the provisions of the law of officers, public servants and the following provisions: 1. The principle of recruitment, public reception: 1.1. Just careers, receive public officials for the lack of turnover, were not taking norms of this quota for recruiting, receiving another quota. Do not combine the recruitment, reception to raise the wage level, grade, quota transfer, transfer type for public servants not correct provisions of the law;

1.2. Does not accept these cases are enforced discipline from other departments and agencies to civil enforcement agencies;

1.3. Who are employed, receiving on civil enforcement agencies must be in good health, no malformations, misshapen do affect the implementation of the tasks assigned;

1.4. to guarantee the civil enforcement agencies implement effective modes of self-reliance, responsible use of staffing and funding are stipulated in Decree No. 133/2005/ND-CP dated 17 October 2005 of the Government regulations of autonomous, responsible about using payroll and expense management for government agencies water and circular No. 03/2006/TTLT-BTC-BNV on October 17, 2006 of Ministry of finance, the Ministry of Interior Guideline No. 130/2005/ND-CP.

2. recruitment conditions, receiving public servants: 2.1. Conditions to attend the examination or receiving public servants: employment, public officials receiving the civil enforcement agencies must meet the General requirements according to the provisions of the law and the conditions are the following: 2.1.1. Quota for legal professionals: Must have a Bachelor of law and over due to domestic universities or University overseas law recognized in Vietnam;

2.1.2. for the turnover of accounting: a) for accounting staff turnover of provincial civil enforcement must be Bachelor accounting;

b) with respect to intermediate accountants turnover of civil enforcement districts must have a high school diploma professional accounting;

2.1.3. for other ranks as: clerical, typing, archives must have the qualifications, certificate of specialized training suit. Clerical ranks, private archives of provincial civil enforcement and civil enforcement in the counties and cities in the province must have a high school diploma, professional clerical profession, archives;

2.1.4. in the case of the high, remote areas, border, Sea Island meet the criteria prescribed in 2.1.1, 2.1.2, 2.1.3 weather point 2.1 item 2 item and other special circumstances, the Director of the Department of Justice to report to the Minister of Justice to review the decision.

2.2. conditions consider recruiting civil servants: persons in the case specified in clause 2 of this section 2.1 points to volunteer to work in the high, remote areas, borders, Islands or to meet the requirements of building staff, public servants in minority ethnic regions then can be employed. People are recruited to work in the place where the commitment is considering hiring for at least five years, except in the case of demand, the rotating thing.

3. employment records, receiving public servants: 3.1. Profile examination, consider the recruitment of public servants include: 3.1.1. Application for recruitment test (for the test cases) or an application for admission (for cases considering recruitment);

3.1.2. The curriculum vitae of the individual photo, certified and stamped by the competent authorities (under the form of the Ministry of the Interior);

3.1.3. A copy of the birth certificate;

3.1.4. Examinations of medical facilities from the hospital district lines;

3.1.5. copy of diploma, certificate consistent with the overall volume of vacancies;

3.1.6.2 photos of the contestants (size 4 x 6).

Personal résumé, examinations are valid only within a period of six months from the date the competent authority confirmed.

3.2. in case of receiving public servants from other agencies in addition to the content outlined in 3.1.2, 3.1.3, 3.1.4, weather 3.1.5, point 3.1 paragraph 3 of this section, the record must supplement the following document: 3.2.1. A check of the individual points;

3.2.2. the personal history is clearly shown, work process and reasons of the agency unit;

3.2.3. A copy of the shared social insurance;

3.2.4. The decision to recruit at the Agency;

3.2.5. the current wage decisions.

II. CONTENT of the EXAMINATION content the examination OFFICER made under the provisions of the legislation and the following provisions: 1. the quota for legal professionals: content tests the State administration to focus on the principal issues of: 1.1. The system organized the State apparatus of the Socialist Republic of Vietnam; the system of organization of the judiciary;

1.2. The functions, duties, powers, organization of civil enforcement agencies;

1.3. legal status of executor, Inquisitor execution, legal professionals.

2. for the turnover of accounting: 2.1. Exam content made according to the provisions in point 1.1, 1.2 section II paragraph 1 of this section;

2.2. legal status of accountant, accountant.

3. for the categories of clerical, typing, archive, store keeper, Treasurer: The case of applicant on the civil enforcement agencies earn industry professional clerical, typing, archive, if entrants into category B officer turnover they must organize examination with the contents specified in point b paragraph 4 section I circular No. 01/2007/TT-BNV April 7/2007 of the Ministry of the Interior. For the case of certificate document archive, type, if the type of quota to C then the Council employed public officials civil enforcement agencies based on the diploma, certificate, health, qualities of the applicant (can combine with skilled direct test) to determine recruitment.

III. ORGANIZATION Of The EXAMINATION, RECOGNITION Of EXAMINATION PUBLIC SERVANTS 1. Plan the Organization of examination: Payroll target base is allotted and the recruitment needs of public servants of the civil enforcement agencies locally, head of the provincial civil enforcement plan held examination report public officials, the Director of the Department of Justice for approval. On the basis of the approval of the Director of the Department of Justice, head of civil enforcement granted the public announcement of the plan held examination at Headquarters civil enforcement agency provincial and posted on one of the mass media: newspapers, newspaper writing, report says local image for people to know and sign at the same time send a copy of the enforcement Bureau. Message content includes: standard terms and conditions of the registration; number and title should recruit public servants; registration records; registration time; time of examination; location of submission and examination fees.

2. exam organization: after the notice referred to in paragraph 1 of this section, the Council employed public officials civil enforcement agency organizing the examination, examination results, the Authority decided to recognize the outcome examination under the provisions of the law and of the Ministry of Justice.

3. Document examination: record, song contest contestants recruited public officials and documents concerning the Organization of the examination must be kept at the level of enforcement of the provisions of the law.

IV. CONSIDER RECRUITING ORGANIZATION, RECEIVING PUBLIC SERVANTS 1. Consider recruiting civil servants: The case in an employment review civil servants, civil servants recruitment Board meeting reviews and consider recruiting civil servants as stipulated by law.

2. Receiving public servants: the reception of public servants from other agencies about civil enforcement agencies comply with the provisions of the law and instructions of this circular. Base personnel needs and on the basis of the proposal of the head of the provincial civil enforcement, the Director of the Department of Justice submitted the profile of people who expected to receive on civil enforcement agencies on civil enforcement Bureau for review and approval before making decisions receipt.

V. DECISION on RECRUITMENT of PUBLIC SERVANTS based examination results, consider recruiting civil servants, head of the provincial civil enforcement suggested the Director of the Department of Justice decision to recruit civil servants and establish a list of these cases to be recruited into the civil enforcement agency sent about civil enforcement Bureau (accompanied by profiles exam results, admission, and the relevant documentation) within 15 days of the decision to recruit policy officers and inspection and management. Recruiting profile public officials of the civil enforcement agency sent about civil enforcement Bureau include: 1. The Office of the Director of the Department of Justice reported the results of recruiting public officials civil enforcement agencies;

2. Minutes of meetings of the Board recruit public servants;

 3. The list of examination results, consider the recruitment of public servants;

4.1 the employment profile, receive public servants as defined in section I of this part 3.

After the decision to recruit civil servants, Director of the Department of Justice decides the election guide new servants are employed under the provisions of the law. Head of the provincial civil enforcement responsibility level, playing cards for new public servants are employed, receiving.


The second REVISION, RAISING SALARY ARRANGEMENTS, TRANSFER grade QUOTA TRANSFER, TRANSFER TYPE PUBLIC OFFICIALS CIVIL SERVANT WAGE LEVEL LIFTING I. 1. Raising the wage level regularly raising the ranks of regular salary for civil servants civil enforcement agencies locally made under the provisions of the legislation and the following provisions: 1.1. For public servants in the provincial executive member turnover, the Inquisitor and the equivalent, when to upgrade and revision deadline has conditions that are raising the salary level as specified in circular No. 03/2004/TT-BNV January 5, 2005 of the Ministry of Interior Guideline revision enhancement mode and regular salary ranks ahead of time for civil servants Officer (hereinafter referred to as the circular No. 03/2004/TT-BNV) and circular No. 83/2004/TT-BNV, on 10 August 2005 amending guidelines, dietary supplements raise the salary level and the regime of salary for public servants (hereinafter referred to as the circular No. 83/2004/TT-BNV) Civil enforcement Chief, provincial director reports listed by the Department of justice the Minister of Justice to review the decision. Records suggest that raising the wage level posted about civil enforcement Bureau include: meeting minutes, consider raising the salary level of the unit where the work of public servants, the writer suggested by the Director of the Department of Justice and the list of public officials are raising the salary level. For new public servants are receiving from other agencies to civil enforcement agencies must submit a copy of the decision to upgrade to the most recent revision of the old agency;

1.2. With respect to public servants in the turnover from executive member districts, Inquisitor, and equivalent back down, when to the time limit for raising the wage level and have sufficient conditions are raising the wage level prescribed by the law, heads of civil enforcement agency organized for civil servants in the review unit , reviews and report the head of the provincial civil enforcement (for the case of a raise in salary level is the servant of civil enforcement agencies at district level) to the Director of the Justice Department review, decided by the authority. After the decision to lift the wage level for public officials civil enforcement agencies locally, head of the provincial civil enforcement to send a list of citations enclosed horizontal lifting of wage level decision of civil servants on civil enforcement Bureau for inspection, management.

2. Lift the salary ranks ahead of time: the order procedure raising the wage level before the time limit for public officials civil enforcement agencies performed as specified in circular No. 03/2004/TT-BNV, circular No. 83/2004/TT-BNV and no. 717/BTP-THA March 2007 of the Ministry of Justice about the upgrade guide revision ahead of time.

Time to consider raising the wage level before the time limit from 6 months, 9 months and 12 months must correspond to the level of achievement that public servants that gain.

II. Grade QUOTA TRANSFER, TRANSFER TYPE PUBLIC OFFICIALS 1. The quota transfer grade, transfer type public officials civil enforcement agencies locally made under the provisions of Decree No. 117/2003/ND-CP dated 10 October 2003 by the Government on recruitment, use and management of civil servants, Decree No. 9/2007/ND-CP dated 15 January 2007 amendments supplement some articles of Decree No. 117/2003/ND-CP dated 10 October 2003 by the Government on recruitment, use and management of civil servants in State agencies and the relevant guidance documents.

Public servants are employed on turnover would then be assigned to the work in which turnover and was considering to lift the quota, quota transfer, transfer type public officials when qualified and conditions prescribed by the law and the guidelines of the Ministry of Justice. The base needs of civil enforcement agency, the Department of Justice will review, approve the quota transfer grade, transfer type for public officials civil enforcement agencies as prescribed by law.

2. The Council transfer type, whether the transfer of public servants: 2.1. Director of Department of execution of the transfer Council decided to establish the type of servant of the civil enforcement agency as suggested by local Chiefs enforce the province level. Conversion Council public servants of the civil enforcement agencies include local 5 of the following members:-President of the Council is head of the provincial enforcement;

-Members: head of the administrative organization in the implementation of the provincial (or head of the Organization Department with regard to the implementation of the provincial Organization Department room); a Major civil enforcement district level; a provincial executive member and a professional to do the work of Organization Department in the enforcement of the provincial level (cum Secretary of the Council);

The duties and powers of the Board of the servant type transfer agency enforces the locally made under the provisions of the law.

2.2. the Director enforces the Council decided to establish the test to test for cases considering whether the transfer from the other ranks to Inquisitor, Inquisitor of main civil enforcement in the enforcement Bureau; Civil enforcement Chief Provincial Council decided to establish the test to test for cases considering whether the transfer from the other ranks to Inquisitor, Inquisitor of main civil enforcement agencies in the enforcement of civil judgments. Board composition, duties and powers of the Board check the test made in accordance with decision No. 1327/QD-BTP on July 18, 2008 by the Minister of Justice.

3. The elections civil servants attended the grade, the establishment of the Council of the grade, the Mission Board's powers grade and whether the officer appointed to follow the provisions of the law and the guidelines of the Ministry of Justice.

4. The training aims to raise the level of expertise and increase the quota for public servants must match the professional expertise that public officials are not elected public officials, take other training with professional expertise are delivered, unless otherwise self-sufficient through school.

III. SALARY ARRANGEMENTS in the CASE of a FIRST APPOINTMENT, NO APPOINTMENT, DISMISSAL, RESIGNATION EXECUTIVE MEMBER public officials civil enforcement agency is appointed executor, not be appointed or dismissed from Office, Executive Member, they must look to turn over quota revision, as appropriate. The move put the salary scales for these cases follow the provisions of the legislation and the following provisions: 1. With respect to the case of executor is appointed first transforming folded scales of salary by the Minister of Justice decided. Records suggest appointed Executive Member of the Ministry of justice must submit the decision to upgrade to the most recent revision of the competent bodies.

2. where the Executive term but were not being considered for appointment, must turn over salary scales to suit your level of expertise, title and new tasks. The Director of the Department of Justice decided to move over salary scales (for the quota from expert and equivalent) or the Minister of Justice decided to move over salary scales (for the quota from the main professional and equivalent or higher) as prescribed by the law.

3. for the case dismissed Executive Member or Executive Member from Office, the Minister of Justice to consider turning over salary scales for civil servants under the provisions of the law. The profile recommends dismissal, Executive Member must have sufficient documentation related to the process of salary, decided to lift or move salary ranks nearest wage arrangements. Private case dismissed Executive Member to transfer the work of transforming the folded scales of salary by the Agency receives public servants consider the decision.

The third appointment, APPOINTMENT AGAIN, DIRECTOR of ENFORCEMENT of the JUDGMENT, the DEPUTY HEAD of the PROVINCIAL CIVIL JUDGMENT ENFORCEMENT, DISTRICT LEVEL, Chief, Deputy Head of the EXPERTISE in the ENFORCEMENT of CIVIL-RIGHTS LEADER, PROVINCIAL ENFORCEMENT of the PROVINCIAL LEVEL, DISTRICT LEVEL and IMPLEMENTATION REGIME SERVED AS the CHIEF MINISTER APPOINTED i. EXECUTION , DEPUTY HEAD OF ENFORCEMENT OF THE JUDGMENT, DELIVERED RIGHT TO CIVIL ENFORCEMENT CHIEF PROVINCIAL LEVEL, DISTRICT LEVEL; APPOINTED CHIEF, Deputy Head Of The EXPERTISE In The IMPLEMENTATION Of The PROVINCIAL 1. The order appointing the Chief of enforcement of the judgment, the Deputy Head of execution, delivered right to civil enforcement Chief provincial level, district level: the appointment of the Chief Minister to enforce the judgment, Deputy Head of enforcement of the judgment, delivered right to civil enforcement Chief provincial level, district level follow the procedures stipulated in Decree No. 50/2005/ND-CP dated 11 April 2005 by the Government on the management bodies civil enforcement agents, civil enforcement agencies and officers, public servants and civil enforcement (hereinafter referred to as the Decree No. 50/2005/ND-CP), decision No. 27/2003/QĐ-TTg dated 19 February 2003 from the Prime Minister's issuance of appointment regulation , appointed again, rotation, resignation, dismissal of public leadership (hereinafter referred to as the decision No 27/2003/QD-TTg) and the following provisions: 1.1. Appointed Chief of enforcement of the judgment, the Deputy Head of the provincial civil enforcement: 1.1.1. The Director of the Department of Justice, in collaboration with the Director civil enforcement to make the process of appointing the head of the provincial civil enforcement. On the basis of consistency with the Director enforces civil judgments about expected personnel, Director of the Department of Justice in collaboration with the relevant agencies in the localities to advised The Standing Committee, the delegation or the Chairman of the provincial people's Committee has the opinion in writing regarding the appointment of the head of the provincial civil enforcement of civil enforcement Bureau the. Director civil enforcement coordination with the Director of the Organization Department Chief to the Board of the Party officials and the Minister of justice review the decision appointing the head of the provincial civil enforcement.


Case Director civil enforcement and Director of the Department of Justice does not yet have the consistency of projected staffing civil enforcement Chief provincial level the Director General civil enforcement along with the Director of the Department of Justice is responsible for coordinating with relevant agencies in local help diploma Committee and Party Secretary of the Ministry of Justice in collaboration with the Board The Commission, the Standing Committee or the Chairman of the provincial people's Committee to review the consistency of personnel;

1.1.2. the head of the provincial civil enforcement helps the Director and Department of Justice civil enforcement Director coordination with agencies involved in locally made the process of appointing the Deputy Head of the provincial civil judgment enforcement. On the basis of completed records, procedures, the enforcement Chief Provincial Justice Department Directors report review, the Minister of Justice appointed Deputy Head of the provincial civil enforcement;

1.1.3. For cases who was appointed the Chief proposal execution, Deputy Head of the provincial civil enforcement working in the civil enforcement agencies locally, then the object retrieved the vote of confidence include the Organization of provincial civil enforcement and civil enforcement Chief at district level.

1.2. Appointed Chief of enforcement of the judgment, the Deputy Head of civil enforcement districts: head of the provincial civil enforcement help Director Justice Department coordinated with the Committee level and district level people's Committee to implement the process of appointing the head of execution, Deputy Head of civil enforcement at district level. On the basis of unanimous opinions written by the Committee level or the Chairman of the district people's Committee expected personnel, head of the provincial civil enforcement completed report to the Director the Department of justice review process the Minister of Justice appoints Chief of civil enforcement at district level or appointing Deputy Minister of civil enforcement at district level.

The case of Major civil enforcement and provincial-level Committee or the Chairman of the people's Committee of the district level yet has unity about expected personnel Chief execution, Deputy Head of civil enforcement at district level, the Chief of civil enforcement report provincial director of the Department of Justice in collaboration with the Committee level or the President of the people's committees at district level to consider human unity, before the Minister of Justice appoints Chief of civil enforcement at district level or decide the appointment of the Deputy Chief of civil enforcement at district level;

1.3. in case of the recommended appointment of Minister execution, Deputy Head of the provincial civil judgment enforcement, district level not in payroll of civil enforcement agencies must then send the records of civil enforcement Bureau for review and approval. The records include: text recommended by the Director of the Department of Justice, public history; the certificate of qualification; the opinion of the heads where public officials working on the review process of the work of that person; comments agreement in writing of the appointment of Minister execution, Deputy Head of the civil enforcement of the people's Committee Chairman at the same level (case suggest appointed head of execution, Deputy Head of the provincial civil enforcement, the Director of the Justice Department agreement consistent with the Chief civil enforcement before the Provincial Standing Committee The Commission, or the Chairman of the provincial people's Committee has comments on the appointment of the offices) and other related content.

2. The Chief Minister appointed record enforced, Deputy Head of the provincial civil judgment enforcement, district level include: 2.1. Resume (model 2a-BNV/2007 decision No. 06/2007/QD-BNV on June 18, 2007 by the Minister of the Interior);

-A self review (according to the model include circular No. 12/2005/TT-BTP on June 24, 2005 of the Ministry of Justice's guide the selection, appointment, resignation, resignation Executive member);

-A declaration of assets, income (according to the model number 01 attached to Decree No. 37/2007/ND-CP dated 9 March 2007 from the Government about the transparency of property income);

2.2. copy of diploma, certificate;

2.3. The minutes and results retrieved the vote of confidence of public servants;

2.4. the written comments of the Committee level or the President of the people's committees at the same level;

2.5. Examinations by hospital district, district, town, city in the provincial level (within six months);

2.6. A capacity assessment review expertise, professional, political, ethical quality lifestyle for unit heads who were appointed by recommendation service (for the head of the provincial civil enforcement by the Director of the Justice Department review, reviews; for the Deputy Head of the provincial civil enforcement by the head of the provincial civil enforcement comment , reviews);

2.7. The text proposed the appointment of the head of the provincial civil enforcement for the proposal to appoint Deputy Chief of civil enforcement, head of the provincial-level execution; the text suggested by the head of the provincial civil enforcement and the text suggested by the head of civil enforcement at district level for the proposal to appoint Deputy Chief of civil enforcement at district level;

2.8. the Newspaper's Director of the Department of Justice recommended to the Minister of Justice appointed to the case suggest appointed head of execution, Deputy Head of the provincial civil judgment enforcement, Chief of civil enforcement at district level;

2.9. other relevant documents (if any).

The new case was assigned, appointed Executive Member again within a period of not more than six months, was appointed Director of the proposed execution, Deputy Head of the provincial civil judgment enforcement, Chief of civil enforcement at district level, the record of the Department of justice must have the documents listed in point 2.3 , 2.4, 2.5, 2.6, 2.7, 2.8, own account other content specified in point 2.1, 2.2 additional only when there is a new change.

3. Delivered right to civil enforcement Chief provincial level, district level: 3.1. The case has not yet had someone eligible to appoint the Chief of civil enforcement or need to have time challenge before officially appointed Chief civil enforcement or other justifiable reasons (as head of school-focused execution or prolonged illness ...) that can not manage Executive Agency, from three months or more, the Director of the Justice Department review, choose who to recommend an interim Justice Minister over the head of civil enforcement. Who was the Chief civil enforcement Authority must be the Deputy Head of civil enforcement at the same level.

The records of the Judicial Affairs Minister Chief civil enforcement Authority provincial districts follow prescribed in clause 2 section I this section and is not the opinion of the President of the people's committees at the same level.

3.2. in case of civil enforcement agencies provincial level, district level have not had Major civil enforcement but there were Associate Head of civil enforcement, the Deputy Head of the interim civil enforcement responsibility and authority are the Chief Minister allowance civil enforcement until the Major civil enforcement or someone over the head of enforcement civil projects.

3.3. in case of civil enforcement agencies at district level before the Chief execution, Deputy Head of civil enforcement, the head of the provincial civil enforcement is temporarily performing the duties of the head of civil enforcement districts until the head of execution, Deputy Head of the enforcement of civil judgments or have people over the head of civil enforcement.

3.4. procedure for appointing the Deputy Chief civil enforcement districts follow the provisions in clause 1 and clause 2 section I this section. The profile base is recommended to appoint Deputy Chief of civil enforcement at district level, the Director of the Department of Justice decision appointed by the authority. The decision to appoint Deputy Chief of civil enforcement districts must specify the time limit appointed service for 5 years and the number of allowances held.

The decision to appoint Deputy Chief of civil enforcement districts must send about civil enforcement Bureau to monitor and manage.

4. Appointed Chief, Deputy Head of the expertise in the implementation of the provincial level: 4.1. Procedures recommended appointment of Chief, Deputy Head of the expertise in the implementation of the provincial implementation as defined in decision No 27/2003/QD-TTg; Circular No. 01/2007/TTLT-BTP-BNV on 29th March 2007 of the Ministry of Justice, Ministry of Interior instructed about the Organization of provincial civil enforcement, central cities.

4.2. for the case appointed Chief, Deputy Head of the Department in the implementation of the provincial level, the profile sends the enforcement Bureau include: 4.2.1. Resume (model No. 02a-BNV/2007 decision No. 06/2007/QD-BNV on June 18, 2007 by the Minister of the Interior);

-A self check out points;

-A declaration of assets, income (according to the model number 01 attached to Decree No. 37/2007/ND-CP dated 9 March 2007 from the Government about the transparency of property income);

4.2.2. copy of diploma, certificate;

4.2.3. The minutes and results retrieved the vote of confidence of public servants;

4.2.4. Examinations by hospital district, district, town, city in the provincial level (within six months);

4.2.5. A comment on professional competence, political, ethical quality lifestyle of the head of the provincial civil enforcement against the person who recommended the appointment of the Chief Minister, Deputy Head of the Department in the enforcement of civil judgments;

4.2.6. the Papers of Major civil enforcement proposed provincial director civil enforcement review, appointed Chief, Deputy Head of Department in the enforcement of civil judgments;

4.2.7. other relevant documents (if any).

II. APPOINTS THE CHIEF MINISTER AGAIN CIVIL ENFORCEMENT, DEPUTY HEAD OF THE PROVINCIAL CIVIL JUDGMENT ENFORCEMENT, DISTRICT LEVEL; The HEAD, Deputy Head of the EXPERTISE in the IMPLEMENTATION of the PROVINCIAL 1. The order of appointment: the appointment of the Chief back execution, Deputy Head of the provincial civil judgment enforcement, district level; The head, Deputy Head of the expertise in the provincial enforcement made under the provisions of Decree No. 50/2005/ND-CP, decision No. 27/2003/QD-TTg and the relevant guidance documents. In addition to performing some of the following provisions:


1.1. for the case appointed Chief civil enforcement back to province level: Before 12 months until the end of the term, the Director of the Department of Justice actively perform the procedure according to the procedures of appointment back, simultaneously chairing the meeting took the comments received about the process of performing tasks in terms of Major civil enforcement provincial and complete outdoor profile of the Minister of Justice considered, appointed under the authority before the term of 20 days.

For the case of Deputy Head of the provincial civil judgment enforcement, enforcement Chief, Deputy Head of the district-level enforcement, Chief, Deputy Head of the expertise in the enforcement of civil judgments granted the term preparation (prior to 6 months), head of the provincial civil enforcement initiative to implement the procedure in accordance with the procedure of appointment again at the same time briefing comments commented on the process of performing tasks in terms of people who are considering the proposal of appointment again and complete the profile process of appointing authority. The Director of the Department of Justice and the head of the provincial civil enforcement based tasks and powers assigned, reviewed and recommended in writing by the authorized appointed before the 20-day term expired.

The case for reasons of objectivity which the competent authorities have not been able to review the procedure of appointment and still meet all the conditions of the Chief execution, Deputy Head of the civil enforcement Chief, Deputy Head of the expertise in the implementation of the provincial level, that person continues to be the Chief mission execution , Deputy Head of the civil enforcement Chief, Deputy Head of the expertise in the implementation of the provincial level must not exceed 12 months from the date of term requiring the consent of the appointing authority. Expiry of 3 months, the case has not yet completed the procedure to propose appointment of back nor be competent to decide over (for the case of the person who recommended the appointment as head of civil enforcement or professional manager in the provincial enforcement) shall temporarily not be on duty until a new decision of the level appointing authority.

1.2. With respect to the case of term but in cases prescribed in paragraph 3 Article 31 of Decree No. 50/2005/ND-CP, then still have to do the necessary procedures as for case in point 1.1 paragraph 1 item and complete the profile authority to consider extending the time served If that person still eligible to continue serving.

2. The records appointed back include: 2.1. The document as specified in point 2.1; 2.2; 2.4; 2.5; 2.6; 2.7; 2.9 item 2 section I this section;

2.2. The minutes take the comments received on the process of performing tasks in terms of people who are considering the proposal of appointment;

2.3. other relevant documents (if any).

For the record the appointment back head, Deputy Head of the expertise in the implementation of the provincial level, they must have the text of the civil enforcement Chief provincial level regarding the proposed appointment of back head, Deputy Head of the expertise in the implementation of the provincial and the document as specified in point 4.2 section I this section (except section I section 4.2 point 4.2.6 weather This).

The fourth MOVEMENT, ROTATION, SECONDED, TRANSFERRED PUBLIC SERVANTS i. GENERAL PRINCIPLES The movement, rotation, delivery, transfer, Executive Member civil enforcement agencies are based on the needs the work, level, the capacity of public officials, public guarantees, democratic, impartial as prescribed by the law the Department of Justice's Guide, and is of the opinion in writing of the head of civil enforcement agency where public officials are deployed and where public servants are. Case if the agencies do not agree but do not clearly state the reason or reasons not convinced the Director of the Department of Justice still decide and take responsibility for his decisions.

When conducting the maneuver, rotation, seconded public officials, Executive Member civil enforcement agencies must take into account other factors such as the circumstances, conditions can be adapted by public servants for the new units, especially to do well the work of thought. In the case of encouragement, persuasion and disengaged, rotating people are conditioned to perform but not implemented, then the Director of the Department of Justice decided.

II. MOVEMENT, ROTATION, SECONDED EXECUTIVE MEMBER, Chief of ENFORCEMENT of the JUDGMENT, the DEPUTY HEAD of the PROVINCIAL CIVIL JUDGMENT ENFORCEMENT, DISTRICT LEVEL 1. The procedures recommended to the Minister of Justice decided to maneuver, rotation, seconded Executive Member civil enforcement agencies locally from the province to other provinces as follows: 1.1. Head of the provincial civil enforcement where the executor to be moved and the head of the provincial civil enforcement where the executor was moved to prepare the procedures necessary to report the Director of the Department of justice the Minister of Justice to review the decision;

1.2. where public servants deployed, rotated, seconded as Chief of enforcement of the judgment, the Deputy Head of the enforcement of civil judgment that remains the old title is not dismissed the position before the maneuver, rotation, seconded but must have the written comments of the Committee level or the President of the people's Committee at the same level where the enforcement Chief, Deputy Chief of civil enforcement moved away and moved to;

1.3. in case of movement, rotation, dispatched Chief of enforcement of the judgment, the Deputy Head of civil execution but changes position then made as for the case of appointed, dismissed Chief of civil enforcement, Deputy Chief of civil enforcement provisions in Decree No. 50/2005/ND-CP.

2. The order and procedure of dynamic rotating thing provincial executive member within the province as follows: 2.1. The case of maneuver temporarily provincial executive member on duty in the enforcement districts is not dismissing the provincial executive member before making decisions;

2.2. in case the provincial executive member rotation to get the Chief task of enforcing civil judgments, Deputy Head of civil enforcement at district level to fulfill the order and the procedures regulating the appointment of Chief of civil enforcement, Deputy Chief of civil enforcement. Salary scales of Executive members perform as specified in point b, paragraph 3, article 3, of Decree 204/2004/ND-CP dated 14 December 2004 by the Government on the salary for public servants and the armed forces.

3. The sequence recommended procedures, the Director of the Department of Justice decided to transfer Executive member districts within the province as follows: 3.1. Head of the provincial civil execution procedure prepared the report the Director of the Department of justice review the decision;

3.2. The maneuver, rotated Executive Member in this case must still meet all the procedures specified in section I of the fourth part of this circular;

3.3. in case of Major civil enforcement, Deputy Chief of civil enforcement operation, rotation that remains the old positions did not have to look to the Authority appointed to position of Chief civil enforcement, Deputy Head of the civil enforcement but must fulfill the procedure prescribed in point 1.2 section II paragraph 1 of this section;

3.4. in case of movement, rotation but change position (who was assigned to will be appointed to the position as: head of execution, Deputy Chief of civil enforcement or only serving head of execution, Deputy Head of the civil enforcement) shall make such appointment agreement case , dismissed the heads, Deputy Heads of civil enforcement agencies specified in Decree No. 50/2005/ND-CP of the appointing authority, dismissed for a position need changing, then proceed to maneuver, rotation.

3.5. After you have decided which rotated, head of the provincial civil enforcement sent decisions on civil enforcement Bureau, accompanied by a list of horizontal adjustment of deductions allowances (if any) to perform the management.

III. MOVEMENT in OTHER SERVANT ROTATION, head of the provincial civil enforcement suggested the Director of the Justice Department review, determine the maneuver, rotated servant in civil enforcement agency. The maneuver, in other servant rotation of civil enforcement agency is in full compliance with the procedures specified in section I of this part. After you have decided which rotated, head of the provincial civil enforcement sent decisions on civil enforcement Bureau, accompanied by a list of horizontal adjustment of deductions allowances (if any) to make the management and funding adjustments.

IV. TRANSFER The transfer FUNCTION for the civil enforcement agencies follow the sequence, the following procedure: 1. for Executive Member: on the basis of asking the officer or the Executive Member, head of the provincial civil enforcement report Director of the Justice Department review and writing to the Minister of Justice Commenting on the Executive Member transfer. Profile posted on the Ministry of Justice is of the opinion in writing of the proposed units, agencies receiving public officials, form the work of executive staff, opinions written by the heads of agency execution where Executive Member.

To base the opinion written by the Ministry of Justice, head of the provincial civil enforcement process the selection board Executive Member civil enforcement agencies review recommended dismissing the executor according to the authority.

After a decision dismissing the Executive Member of the Minister of Justice, the Director of the Department of Justice decided to transfer Executive Member and make a list of reduced public servants posted about civil enforcement Bureau to manage.


2. for Inquisitor, Inquisitor: When requesting a transfer for Inquisitor, Inquisitor, on the basis of the consent of the Director of the Department of Justice, head of civil enforcement issued the report the Director General civil enforcement or the Minister of Justice to review the decision, dismissing the Inquisitor, Inquisitor itself according to the competent. Pursuant to decision dismissing the Inquisitor, Inquisitor, Director of the Department of Justice decided to transfer and make a list of reduced public servants posted about civil enforcement Bureau to manage.

3. for professionals and accountants: The transfer for expert accounting staff, led by the Director of the Department of Justice decision after the opinion agrees with the text of the enforcement Bureau.

4. for the remaining titles of civil enforcement agencies: The transfer for the rest of the titles of the civil enforcement agencies led by the Director of the Department of Justice decided as proposed by Minister of provincial civil enforcement and make a list of reduced public servants posted about civil enforcement Bureau to manage.

Part five DISCIPLINED The OFFICER disciplined public officials civil enforcement agencies to local correct implementation of the provisions of the legislation and the following provisions: 1. When public officials civil enforcement agencies violated discipline, local Director of the Department of Justice directed the Chief of civil enforcement unit and provincial public servants breach of conduct to verify the violation, require public officials to do a self check out point, the check point in meeting organization units are public servants violate (must keep the documents) and file to the disciplinary review board.

2. The Director of the Department of Justice decision established the Council of discipline for public officials civil enforcement agency. Disciplinary Council consists of five members as defined in article 11 of Decree No. 35/2005/ND-CP dated 17 March 2005 by the Government on the disciplined officers, public servants (hereinafter referred to as Decree No. 35/2005/ND-CP), specifically as follows: 2.1. President of the Council is head of the provincial civil enforcement (the unnamed head of provincial civil enforcement, the President of the Council is the Deputy Head of the provincial civil enforcement);

2.2. A member of the Council is the representative trade union Committee of the same level of enforcement of provincial civil court (for cases where the violation is public officials in the implementation of the provincial level), enforce civil districts (for cases where the violation is public officials in the enforcement districts);

2.3. A member of the Board is to represent the unit's servant servants violate discipline (by public officials in the exercise of that election units);

2.4. For breach of discipline are the work of civil enforcement at the provincial level, then the people who directly manage the administrative and professional expertise of the violators were sent to join as a member of the Council of discipline may be the Deputy Head of the provincial civil enforcement or Chief , Deputy Head of the expertise in the enforcement of civil judgments by the provincial Secretary of the province-level enforcement.

With respect to the breach of discipline are the work of civil enforcement at the district level, then the people who directly manage the administrative and professional expertise of the violators were sent to join as a member of the Council of discipline may be the Chief execution, Deputy Head of civil enforcement at district level. The case of the breach of discipline is enforced, the Deputy Head of civil enforcement at district level, then the people who directly manage the administrative and professional expertise of the violators were sent to join as a member of the Council of discipline may be the Deputy Head of the provincial civil enforcement or Chief , Deputy Head of the expertise in the enforcement of civil judgments by the provincial Secretary of the province-level enforcement specified;

2.5. A Commissioner is the head of the Organization-in administrative enforcement of the provincial (or head of the Organization for the implementation of the provincial Organization Department room).

3. where the head of execution or the Deputy Head of the provincial civil enforcement violation of discipline, the Director of the Department of Justice decided to form the Council of discipline, including three specific members as follows: 3.1. The Chairman is the Director of the Department of Justice;

3.2. A Councilor representing the party Commissar supervisor;

3.3. A member of the Council is the representative of the Executive Committee of the Union of civil enforcement. The case of the provincial enforcement has not yet established a Trade Union, the Trade Union Committee of representatives of the same level of execution where provincial civil servant violates trade union activities involved do Councilor.

4. In addition to the main components of the disciplinary board is outlined in paragraph 2 and paragraph 3 of this section, when conducted in the Council meeting, the Council invited discipline more Female Board representation (if the breach is female), Communist Youth Union representative (if the breach is Union members the unit's youth), where violators to attend the session of the disciplinary board. The representative was invited to be a right join comments but do not have voting rights.

5. disciplinary records include the following: 5.1. A review of the violation;

5.2. The minutes, examining papers, verify the incident (invoices, vouchers, clocking, the conclusions of the competent authority if any);

5.3. review meeting minutes and recommendations form the discipline of the unit have the offending public servants;

5.4. Meeting minutes and Decisions of the disciplinary board;

5.5. The text proposed granting the Board's discipline discipline;

5.6. other relevant documents.

 Disciplinary records officer, public servants must be managed, updated, stored and preserved in accordance with the regulations.

6. the process of review for disciplinary officers, agency execution violated discipline was implemented according to the provisions of Decree No. 35/2005/ND-CP and the relevant guidance documents.

7. With regard to the cases in the jurisdiction of the Director of the Department of Justice disciplinary decision, head of the provincial civil enforcement is responsible for copying a record (including the full range of relevant documents) attached to the disciplinary decisions of the enforcement Bureau to check , management. In case the disciplinary authority of Director of civil execution or the Minister of Justice then in jurisdiction, head of the provincial civil enforcement or the Director of the Department of Justice report and send the entire record, the relevant documents on civil enforcement Bureau to the competent review decision.

Part six TACKLE RETRENCHMENT MODE for PUBLIC SERVANTS 1. For the case of the resignation by the personal aspirations in the authority the decision of the Director of the Department of Justice (except in the case specified in clause 2 of this section), head civil enforcement report provincial director of the Department of justice review the decision. On the basis of the decision of the Director of the Department of Justice for civil servants retrenchment, head of the provincial civil enforcement list horizontal computer extract of retrenchment for public officials and posted about civil enforcement Bureau for review and the provision of funds.

Retrenchment decisions of public officials need clear rules: in addition to subsidies for retrenchment due to the local social insurance payments, the retrenchment was also the resolve mode to retrenchment under Decree No. 54/2005/ND-CP dated 19 April 2005 of the Government regulations on retrenchment mode cost compensation mode, training for officials and public servants (hereinafter referred to as the Decree 54/2005/ND-CP). The case of the resignation under other modes is done according to the provisions of the law and the guidelines of the Ministry of Justice.

2. where the provincial executive member, verified and equivalent back-up aspiring resignation, the head of the provincial civil enforcement to profile Justice Department Directors report the Minister of Justice to review the decision. Vacate the profile includes: dispatch proposed by the Justice Department, the resignation of public officials, a copy of the shared social insurance and other related documents. After the Minister of Justice decision for civil servants retrenchment, head of the provincial civil enforcement must send copies of the shared social insurance of public servants (the shared key must be social insurance at the time of civil servants retrenchment) about civil enforcement Bureau to calculate retrenchment under Decree No. 54/2005/ND-CP.

The seventh part IMPLEMENTATION and EFFECT 1. This circular effect after fifteen days from the date The report and replacing circular No. 555/TT-THA on 10 June 1993 of the Ministry of Justice to guide a number of issues about the enforcement work.

2. the head of the provincial civil enforcement shall assist the Director of the Department of Justice made effective management of personnel as defined in decision No 1148/2005/QĐ-BTP, decision No. 01/2007/QD-DOJ on April 16, 2007 by the Minister of Justice amended additional clause 3, article 2 of the Statute authorize the Director of the Department of Justice, the city of centrally managing some of the Organization, officials of the civil judgment enforcement, central cities, civil enforcement district, district, town or city in the attached decision No. 1148/2005/QĐ-BTP and the content provided in this circular. Construction and perfection of planning officials and leaders of civil enforcement, provincial district level to the Minister of Justice for approval. Process leaders planning the implementation of the provincial level, district level follow the rules of the party and State. Leadership planning to enforce the provincial level, district level must have the written comments of the Committee level the same level before submitting to the Ministry of Justice for approval.

3. Records, biographies of the civil enforcement agencies locally stored and preserved strictly as prescribed by law. Civil enforcement Chief Provincial Justice Department Directors help implement the management profiles, coupons and other documents relevant to the individual history of officers, civil enforcement agency.

4. Chief civil enforcement shall assist the Minister of the justice tracking, checking the implementation of this circular annual and periodic reports to the Minister of Justice.


5. in the implementation process, if there are difficulties and obstacles, the Director of the Department of Justice, head of civil enforcement granted the timely reflection of the Ministry of Justice for review, resolve./.