CIRCULAR guide INDUSTRY made some provisions of the Ordinance on the implementation of the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the uniform enforcement of some provisions of the Ordinance on the implementation of the Commission of the National Assembly passed on 21 April 1993, the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy instructions some of the following points : I-the GRANTING, transfer a COPY of the JUDGMENT, decision 1. As for the verdict, but the decision is not yet in force but is executed according to the provisions in paragraph 2 clause 1 article 4 of the Ordinance, the courts are responsible for the transfer of a copy of the judgment, decide within a period of ten days from the date of the judgment, decided that for the same level of sentence enforcement agency where the Court of first instance trial , that regardless of the verdict, that decision has been appealed, the appeal or not.
When a is executed, the people have the power, the benefits related to the enforcement of the judgment, the Court shall request grant them a copy of the judgment, that decision.
2. in the judgment, the decision of the Court has decided on the part of court fees. Therefore, the Court must transfer the full copy of the judgment, the decision is executed together with a copy of the minutes of levy, the custody of the property attached exhibits, (if any) for execution. In case the courts have yet to fully transfer papers and exhibits in the said judgment enforcement agencies, asking the Court to transfer enough. Within a period of fifteen days from the date of receiving the request, the Court must make that request.
3. In case the judgment of the Court of first instance decisions were appealed, the appeal under the procedure of appeal, shall within fifteen days from the date of the judgment, the appellate decision, the Court delivered a copy of the judgment, decision, a copy of the minutes of levy, custody of assets, each two enclosed exhibits (if any) for the Court of the first instance trial. Within ten days from receipt of the copy, the Court was hearing appeals Department is responsible for the transfer of a copy of the judgment, the appellate decision, a copy of the judgment of the first instance decision, together with a copy of the minutes of levy, asset custody accompanied exhibits (if any) for execution.
4. In the case of judgments, decisions of courts of law has been the protest under procedure of Cassation, retrial, shall within fifteen days from the date the decision of cassation instance court, re, has a trial of Cassation, retrial delivered a copy of the judgment the decision of Cassation, retrial, each two copies, for the Court of the first instance trial. Within ten days from receipt of the copy, the Court was hearing appeals Department is responsible for the transfer of a copy of the verdict, the decision of Cassation, retrial for agency execution.
5. With respect to the verdict, the decision of first instance at the same time as the General appeals, within thirty days from the date of the judgment, decision, the Court of criminal or Civil Court of the Supreme People's Court has been hearing the case delivered a copy of the judgment, that decision together with a copy of the minutes of levy asset custody, accompanied by exhibits (if any) for the implementation of the project, the central city where the trial of first instance at the same time as the general appeal.
For a time the instance courts of general jurisdiction is central military court has decided on the property, the Central Military Court delivered a copy of the judgment which, together with a copy of the minutes of levy, asset custody accompanied exhibits (if applicable) for the execution Room and equivalent military district where the trial judge and the Appeals Department of the General.
6. Upon receipt of a copy of the judgment, the decision by the Court delivered judgment enforcement agencies, right on the window get judgments, decisions and sorting to handle as follows: a) for the decision of the judgment, the decision in the case of an active sentence enforcement agency enforcement decision , then heads execution enforcement decisions or mandated to enforce court decisions enforced anywhere else;
b) for the decision of the judgment, the decision is executed according to the petition, then the sentence enforcement agencies track; When a petition for enforcement of the judgment, the decision to enforce or mandate for court enforcement agencies elsewhere the decision enforced.
7. When a copy of the project level, the decision for the litigants, the courts are not collecting fees for papers for first copy; from the second copy, the Court was collecting fees according to the prescribed level papers of the Government.
II-The ENFORCEMENT Of COURT FEES 1. For account of court fees that litigants have an advance payment of court fees, court enforcement agencies pursuant to the judgment, the decision of the Court to be enforced are related to that money to enforce the judgment.
2. for account of court fees and litigants have not an advance payment of court fees, court enforcement agencies must adopt measures to collect court fees.
3. for account of court fees cannot be obtained, the Court established the enforcement agency as private, stating the reasons for each case; When there are conditions of execution, they must collect the right court fees.
III-GETTING the MONEY, the PROPERTY is FILED PRIOR to the COURT TRIAL of the CASE, ACCEPTING The money, the property due to litigants, defendants or others, filed before the Court accepting the, trial of the case are as follows: 1. In case the law stipulates the Privy to an advance payment of court fees , the Court estimated, record the payable amount and guide them to submit to the execution of the same level. Judgment enforcement agencies receive money and level two editor back on money so they keep a receipt and submit to the Court a marginal again put on the record.
2. In the case before trial, litigants, defendants or other paid compensation, proceeds benefit illegal ... the Court shall guide them to submit to the execution of the same level. Judgment enforcement agencies receive money and level two receipts receive money so they keep a receipt and submit to the Court a marginal again put on the record.
In case the property is not the money, then the judgment enforcement agencies established record status, quality of assets and level two copies of the minutes that they keep a copy and to submit to the Court a copy put on record.
3. Agency execution must set up separate Windows to track the receipt of money or assets by litigants, defendants or others, filed before the Court accepting the, trial. Delivery, money management, property that is made under the provisions of the State.
4. When the verdict, the decision of the Court to be executed. The trial of the money, the property has been filed before the Court accepting the, trial of the case made by the decision of judgment, the decision related to the money, the property.
IV-To EXPLAIN The POINTS RELATED To The ENFORCEMENT Of The JUDGMENT And The PETITION For JUDGMENT, DECIDE To HAVE A Mistake 1. When granted a copy of the judgment, the decision for the litigants, the Court must explain to the person being executed projects know rights petition to enforce the judgment, execution time limits and other issues related to the enforcement of the judgment.
2. When the decision to enforce the judgment or during the execution of the judgment, if court enforcement agencies found in judgment, deciding the unknown, there are errors about incorrect calculations due to the data, then the judgment enforcement agencies submit written request the Court issued the verdict, the decision of which explain the unclear , false, alive.
The Court issued the verdict, the decision to have the responsibility to explain the unknown point, wrong, and reply in writing to the Agency for enforcement of the judgment within fifteen days from the date of receiving the written request.
When explaining the unknown point, main family wrong, survived about figures, the Court cannot be modified and supplemented the judgment or decision.

3. When a decision to enforce the judgment or during the execution, agency execution if it detects that the judgment, the decision is executed there mistakes, then have the right to propose to the competent person under the provisions of the law in the proceedings of the trial judgment, that decision again.
V-the HANDLING of the FUNDS, assets BACKLOG in the processing of funds, outstanding property are as follows: a) for the funds, the assets of the case that the judgment, the decision has force of law but are by the Agency, other organization to keep the project active enforcement agency revoked or coordinate with the Procuratorate at the same level and departments implement the measures necessary to recover funds or assets.
b) with respect to the funds, assets exist that have identified the people who enforce the judgment, the judgment enforcement agencies informed and durations to them to receive. In case they have not yet received the funds, property, the Court established the border enforcement agencies a clearly temporary reason and sent the money to the State Treasury, kept the property in execution Agency. Expiry of three years for the person who is executed is personal, a year for people who were executed projects is the Agency, organization, since the date of the judgment, the decision has the effect of law, that people are still not receiving the sentence enforcement of the money, the property is affected, then the judgment enforcement agency payment procedures , held that property auction and paid into the State budget.
c) for the funds, property backlog that has not identified the person is executed, then the judgment enforcement agencies must inform, miêm posted about each of the funds, the outstanding property. Expiry of three months from the date of public notice, without people to get, then the judgment enforcement agencies do temporary procedures to send the money to the State Treasury, kept the property in execution Agency.
In case the person is executed projects have requirements and prove to be entitled to funds have temporarily paid into the State budget, that time yet or execution time is restored, then the agency execution procedures to withdraw the funds from the Treasury to enforce;
d) for the funds, the assets are unsettled Department of the land destroyed by the decision of judgment, the decision has force of law or has rotting, damaged no longer worth using, then the judgment enforcement agencies formed the Council destroyed exhibits include financial agency representative at the same level , other professional bodies concerned, by the court enforcement agency heads as Chairman. Procuracy supervised the destruction. Minutes of culling must be signed by the Chairman, the members of the Council destroyed and is sent to the Court, the Procurator, the financial authorities at the same level and save on execution profile.
VI. The LEVY Of PROPERTY 1. In case the person must enforce the judgment has only a single property whose value is greater than the levels to enforce the judgment and that property is an object, if separated each section then lost or significantly reduced the value of use of the property, the executor must have the right to levy property there. After the auction the assets and the payment of the costs of execution, the amount remaining to be paid to the right execution.
2. When the levy of property, if the property disputes were levy, the Executive Member explaining to people that are enforcing the judgment, who have to enforce the judgment, people have rights, benefits related to property rights disputes under civil proceedings. After accepting the application in suit. The Court must urgently resolve on the property to the enforcement of the judgment continued, ensuring the rights of the litigants.
Expiry of three months from the date of levy of property, without the petitioner, then the property was treated to levy execution.
VII. PROSECUTION SENTENCING 1. Within the scope of its powers, functions, the Procurator is responsible for conducting prosecution task execution, namely: a) the Prosecutor of court activities in observance of the provisions of the law of civil enforcement:-time limit and procedure for the transfer of a copy of the judgment the decision, a copy of the minutes of levy, custody of assets, asset transfer evidence exhibits.
-The provision of a copy of the judgment, the decision for the litigants.
b) Prosecutor, enforcement agencies Executive Member comply with the provisions of the law of civil enforcement of:-The decision on the enforcement of judgments and decisions enforceable mandate;
-The procedure of execution, implementation of measures to comply; -The resolution of complaints of unlawful behavior heads execution, of the executor.
c) Prosecutor obeys the law of the people's police force in the defense of coercive execution; Prosecutor obeys the laws of agencies, organizations, individuals with regard to the implementation of the coercive enforcement of court decisions.
2. When the Prosecutor conducting the enforcement of the judgment, the Procurator has the right: a) asked the Agency, organization, individual self test and notify the Procuratorate to know test results; required to provide the documents, physical evidence related to the enforcement of the judgment. Written request of the Procurator must clearly define the object, content self test or provide documents, the time limit for answering test results or provide documents, physical evidence. The Procurator's request must be made within thirty days from the date of the request.
b direct the Prosecutor) to obey the law. When done right, this Minister the Prosecutor the same level to make decisions clearly define the object, the content, the scope of the problem of the Prosecutor, the time and duration of the conduct, ending the prosecution; assigned Prosecutor, officials made and set the text of the conclusions the Prosecutor directly;
c) appeal with the Court of judgment enforcement agencies the same level and lower level, Executive Member, agency, organization, or individual units are responsible for enforcement of the judgment, if any violation of the law; to protest the decision to enforce the judgment against the law.
Upon receipt of an appeal by the Procurator, the agencies, organizations, units, individual responsibility to reply within fifteen days from the date of the protest;
d) require the competent authority disciplinary, administrative sanctions the violation of the law; If there are signs of the crime, the prosecution of criminal; prosecute the civil case under the provisions of the law. In the case of agencies, organizations, relevant units on the received level Procurator's protest against his subordinates, the time limit for replies is thirty days from the date of the protest.
In the case of agencies, organizations, units, individual owners not agreed with the content of the appeal, the Agency, organization, unit, that individual has the right to recommend the superior Procuratorate directly to review or appeal decisions. Procuracy supervisor must review and answered within thirty days from the date of the execution profile. The decision of the superior Procuratorate had direct effect.
VIII. EFFECTIVE ENFORCEMENT of this circular is effective from the date of signing and replaced the text of the Supreme People's Court, the Ministry of Justice, the Supreme People's Procuratorate was previously issued guidance on the enforcement of civil judgments.
As for the verdict, the decision of the civil law in force before 1 June 1993, but not yet executed, the execution was made under the provisions of the Ordinance on civil enforcement and this circular.
In the process, if what obstacles the authorities reflects on the Supreme People's Court, the Ministry of Justice, the Supreme People's Procuratorate for instructions settled./.