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The Decision 616/plds: On The Plan Of Implementation Of The Law On Amendments And Supplements To Some Articles Of The Law On Organization Of People's Courts, The Law On Enterprise Bankruptcy

Original Language Title: Quyết định 616/PLDS: Về kế hoạch triển khai thực hiện Luật sửa đổi, bổ sung một số điều của Luật Tổ chức Toà án nhân dân, Luật Phá sản doanh nghiệp

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The DECISION on the plan to implement the law on amendments and supplements to some articles of the law on organization of people's courts, the bankruptcy Business Law to enforce resolution No. 166/UBTVQH on 2 February 1994 of the Standing Committee of the National Assembly on the progress of the House amendment, supplementing some articles of the law on organization of people's courts and the directive no. 136-TTg dated 1-4-1994 by the Prime Minister on the implementation of resolution 166 UBTVQH Committee-the National Assembly, the Minister of Justice decided to implement the plan in the legislature and local courts is as follows: I-PURPOSE requirements: 1. To urgently prepare the text of the revised Law enforcement supplementing a number of articles of the law on organization of people's courts, the bankruptcy Business Law to promptly enact serves for the operation of the courts, the agency execution.
2-quick form, perfecting the economic Tribunal of the Organization of people's courts, the central cities, consolidate a step held courts, districts, towns and cities in the province, the execution Room, the execution Team ensures the normal operation, implementing good new mission from 1 July 1994.
3-advanced a step in the professionalism, the competence of the court staff, enforcement of the judgment in General, business is ahead of the trial and the enforcement of judgments, decisions about the economy, declared bankrupt the business.
4-strengthen a material base-step techniques needed for the courts, justice agencies and the implementation of projects to implement the new tasks assigned to it.
5-prepare to take over some of the functions and tasks of the Agency the economic arbitration when the Government handed over to the judiciary.
 
II-CONTENT of the JOBS NEED to PERFORM 1-preparing the documents guiding the implementation of laws and ordinances Director of civil law-economics is responsible for: a. coordinating with international cooperation in completing the draft decree on the Organization and operation of the economic nature of arbitration society-careers (NGOs) to the Government in April in 1994; the draft of the circular guiding the implementation of this Decree to be issued;
b. cooperation with the authorities preparing the draft circular of the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy passed Ordinance procedures for settling economic cases to ban in early May 1994.
c. text of the draft guidelines for implementing the law on bankruptcy of enterprises according to the assignment of the Prime Ministry to the Government at the end of May 1994;
d. chaired the draft decree of the Government about the court fees and costs to resolve the economic case, in coordination with the Supreme People's Court, the Ministry of Finance of the project to complete The process of the Government issued in May 1994.
2. About perfecting the economic Tribunal of the Organization of people's courts, the central cities, strengthen the courts, districts, towns and cities in the province: a. Director local court management has responsibility for: monitoring, urging the Chief Justice of the provincial people's Court , Director of the Department of Justice completed the profile suggest a selection of judges hearing the case the economy according to the selection process of judges and no. 4 BCS/18 April 1994 by the Ministry of Justice Party Rolled and Rolled the Party Committee of the Supreme People's Court;
In coordination with the authorities preparing the draft circular of the Ministry of Justice instructed the jurors involved solving the economic case to issued before May 15, 1994;
In collaboration with the Organization-Government officials, Supreme People's Court to determine the total payroll of the local people's Court to the Government decided in May 1994;
In collaboration with the people's courts, the Organization-Government officials draft circular guide industry made the reception, sorting, layout of officer economic arbitration agencies provincial and district level to enact before 30 April 1994;
Prepare the Ministry issued resolution profile forms the economic case before May 30, 1994.
b. Chief Justice of province-level courts are responsible: the logical layout of officers for the economic Tribunal, prepared in every way to accepting, solve economic lawsuits, bankruptcy business from July 1, 1994 (under the provisions of the law on amendments and supplements to some articles of the law on organization of people's courts, the Economic Court was established in the courts of the province of the central cities, which do not need to own decisions anymore);
Report to The Standing Committee, the Nominating Committee selection, complete records, suggest that the selection Board reviewed judge chose to recommend the appointment of the judge hearing the case on May 30 before the economy in 1994, according to the selection process of judges and no. 4/CBS on April 18, 1994 of the Board, rolling the Party the Ministry of Justice and the Court Party rolling Board the Supreme People's Court;
Selection of judges was appointed the task of judging the economic case to appoint the Chief Justice of the Court, the Associate Chief Justice the Court economy, at the same time report the list of who was appointed to the Ministry of Justice.
c. Director responsible: Justice Department report to the local Committee level and implementing the selection of personnel for the needs of the District Court hearing the case of Economics, in collaboration with the Chief Justice of the provincial people's Court, the arbitration Chairman complete provincial economic profile to the selection board to consider , proposed the appointment of judge ago on 30 May 1994;
In collaboration with the Chief Justice of the provincial people's Court to contact national personnel prepared to elect jurors hearing the case of economics before 15 June 1994, according to the number of processes, standards, the Department of Justice guidelines.
3. About the preparation of the implementation of economic projects: a. Director management civil responsibility: draft circular of the Ministers instructed the civil enforcement agencies enforce the judgements, decisions about the economy, the decisions about corporate bankruptcy statement to issued before May 15, 1994;
Prepare the Ministry issued the execution profile form of economy and the implementation of the decision to declare bankrupt enterprises before May 30, 1994;
The organization established to check the enforcement situation and prepared execution in some local economy during June, July 1994.
b. the Director of the Department of Justice is responsible for: directing the execution Room, the execution plan, proposed specific measures to promote the enforcement of civil judgments, prepared the present to enforce timely judgments, decisions about the economy, bankruptcy of enterprises; Directs the execution Room, the execution Team took the situation of the implementation of the decisions of the referee in local economy, casting lessons prepared execution.
4. On the Organization of training, professional training.
a. the Director of the Department of Justice, Chief Justice of province-level courts are responsible for: coordination list of those scheduled to be introduced to a selection, appointment of judges or officers judging the work of economic crime to attend training classes, professional training in judging the economic case corporate bankruptcy statement, sent to the Ministry before April 15 May 1994: research, discuss business Bankruptcy Law, Ordinance on procedures for settling economic cases and related documents for those who expected to be elected the jurors hearing the case of economy , court officers, court staff, enforcement, professional editor-the Department of Justice, Office of Justice with the proper form, practical result.
b. the Director of personnel and training organizations are responsible for:

General list of people attending training classes, professional training economic trial of the case, to declare bankruptcy; in collaboration with Hanoi University of law, College of law campus in Ho Chi Minh City, the local court management and the Supreme People's Court of planning training, professional training from 10 May 1994;
In collaboration with the Service of civil law-common economic, legal education, the local court management, Hanoi University of law, The Office organized the compilation, release the appropriate document on resolving the economic case, resolving a request to declare bankruptcy before the August 1994 business so common for the courts enforcement agencies, and local justice.
c. Rector of Hanoi University of law is responsible for: coordination with Service civil law-economics, the Supreme People's Court to establish training programs, professional training to trial the economic case, resolving a request to declare bankrupt enterprises, economic execution fit with each object before 10 May 1994 and implementation organization that program;
In collaboration with the Institute of legal science, Service of civil law-Economic Research Service, the law of the Supreme People's Court to study the construction of the curriculum about the proceedings in 1994.
5. On a number of other works: a. Director of popular legal education is responsible for preparing the project of popular missions, education law on economic contracts, judging the economic case, declared bankrupt enterprises, economic execution process of The browser in May 1994 and the implementation of that scheme;
b. the Director manages the local courts are responsible for coordination with Service personnel and training the urge, to check the implementation of the circular sector, Department of Justice-Government officials, Supreme People's Court about the reception, sorting, layout of officer economic arbitration bodies;
c. the Director of personnel and training organizations have a responsibility to work specifically with the Organization-Government officials expected the numbers to additional staffing needed for The Agency, University School of law and the Justice Department suit with the implementation of the new mission to the Government before November 30, 1994;
d. Director financial planning balance the budget of the whole industry, guide to the local courts, the Justice Department received the facilities-techniques of arbitration organs economy was delivered; estimating cost of implementing the new tasks, including issues of salary arbitration officials in local economic management Department of justice delivery.
Chief of the Department is responsible, in coordination with the relevant units monitor the implementation of this decision, the preparation of the synthesis report slowest Ministers on 10 June 1994.