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THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
05/2002/TT-BTP
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Hanoi, February 27, 2002
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CIRCULAR
GUIDING THE TRANSFER OF SOME CASES OF
JUDGMENT EXECUTION TO THE COMMUNE, WARD AND TOWNSHIP PEOPLE’S COMMITTEES FOR
DIRECTLY URGING THEIR EXECUTION
In furtherance of the Prime Minister’s Directive
No. 20/2001/CT-TTg of September 11, 2001 on promoting, and raising the
effectiveness of, the civil judgment execution work; after consulting with the
Supreme People’s Procuracy and the Government Commission for Organization and
Personnel, the Ministry of Justice hereby guides the transfer of cases from the
judgment- executing agencies to the commune, ward or township People’s
Committees (collectively called commune-level People’s Committees) for directly
urging their execution as follows:
I. CASES
TO BE TRANSFERRED BY THE JUDGMENT-EXECUTING AGENCIES TO COMMUNE-LEVEL PEOPLE’S
COMMITTEES FOR URGING THEIR EXECUTION
1. The judgment-executing agencies shall issue
decisions to transfer the following cases to the commune-level People’s
Committees for directly urging their execution:
a/ Cases involving the money amounts or property
values to be paid by the involved parties worth up to VND 500,000, or over VND 500,000
but the judgment-executing agencies already effected the execution and the
remaining money amounts or property values to be paid worth up to Vietnam
500,000.
b/ Cases which are executed periodically and the
money amounts or property values to be paid each time are up to VND 500,000.
c/ Execution of fining decisions issued by
executors or heads of judgment-executing agencies.
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2. After issuing the judgment execution
decisions (including those issued before this Circular takes effect but not yet
executed or being executed), the heads of the judgment-executing teams shall
issue decisions on the transfer of the concerned cases to the commune-level
People’s Committees for directly urging their execution.
If the above kinds of cases fall under the
executing competence of the Judgment-Executing Sections, the heads of the
Judgment-Executing Sections shall authorize the judgment-executing teams to
transfer them to the commune-level People’s Committees for urging their
execution.
II.
PROCEDURES FOR ISSUANCE OF TRANSFER DECISIONS, COMPILATION OF TRANSFER
DOSSIERS, HANDING OVER TO AND RECEIPT THEREOF BY COMMUNE-LEVEL PEOPLE’S
COMMITTEES
1. Issuance of transfer decisions
a/ The heads of the judgment-executing teams
shall issue decisions to transfer the cases to the commune-level People’s
Committee of the localities where the involved persons reside or have
properties for urging their execution. Such transfer decisions must clearly
state the contents of execution which need to be urged.
b/ In case of necessity, the heads of the
judgment-executing teams who have issued transfer decisions may change or
supplement the contents of such transfer decisions.
c/ Transfer decisions must be sent to the
persons for whom the judgments are executed, the persons against whom the
judgments are executed, the persons with related rights and interests, and the
People’s Procuracy of the same level.
2. Compilation of transfer dossiers
a/ In addition to opening books according to the
Justice Ministry’s Circular No. 67/TT-THA of July 5, 1996, the judgment-executing
teams must open the book for "handing
over and receipt of dossiers and monitoring of the results of judgment
execution for cases transferred to the commune/ward People’s Committees".
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b/ A transfer dossier consists of:
- The transfer decision;
- The copy of the court’s judgment or decision
(with certification by the judgment-executing agency);
- The copy of the judgment execution decision;
- In addition, on a case-by-case basis, the
transfer dossier should also contain the fining decision, the decision to
collect expenses for forcible judgment execution, and necessary relevant
documents (if any).
3. The procedures for handing over and receiving
dossiers
a/ After issuing the transfer decisions, the
executors assigned to organize the execution of the concerned cases must
compile the complete dossiers, transfer them and issue the receipts for
collected and spent judgment execution money to the commune-level People’s
Committees. The handing over and receipt of dossiers shall be effected directly
or through the post offices but the dossier receipt must be acknowledged by
signing and the time of receipt must be clearly inscribed in the book for
""handing over and receipt
of dossiers and monitoring of the results of judgment execution for cases
transferred to the commune/ward People’s Committees." (if dossiers
are sent directly), or the sending bills are required (for dossiers sent by
post) and such bills, with certification by the commune-level People’s
Committees which have received the dossiers, must be filed.
b/ The assigned commune-level People’s Committee
officials must sign their names in the book for handing over and receipt of
dossiers upon receiving the dossiers (if they receive the dossiers directly) or
in the sending bills then return them to the judgment-executing teams.
III.
RESPONSIBILITIES OF THE COMMUNE-LEVEL PEOPLE’S COMMITTEES
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If any problems arise in the course of
execution, the presidents of the commune-level People’s Committees should
promptly report them to the judgment-executing teams for concrete direction and
guidance.
2. The commune Justice Sections shall assist the
presidents of the commune-level People’s Committees in urging the judgment execution
and have the responsibility to:
a/ Open books, process, keep and return dossiers
according to regulations;
b/ Urge the judgment execution according to the
contents guided by the judgment-executing teams and directed by the presidents
of the commune-level People’s Committees;
c/ Assist the presidents of the commune-level
People’s Committees in carrying out the administrative and financial work in
the urging of the judgment execution.
3. For the transferred cases of judgment
execution, the assigned commune-level People’s Committee officials must perform
on a case-by-case basis the following tasks:
a/ Sending decisions and notices on the judgment
execution;
b/ Summoning the involved parties to the
commune-level People’s Committee offices for judgment execution;
c/ Educating, persuading, organizing
conciliation and agreement so that the involved parties voluntarily execute the
judgments;
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e/ Collecting money and properties for judgment
execution under the guidance of the judgment-executing teams. When detecting
that the persons subject to judgment execution have properties and/or incomes,
requesting them to pay money and properties for judgment execution; if they
refuse to voluntarily carry out the judgments, requesting the
judgment-executing teams to issue decisions to apply the measure of forcible
judgment execution.
The presidents of the commune-level People’s
Committees shall have the responsibility to mobilize the police and
self-defense militia forces, coordinate the local mass organizations to protect
and support the forcible judgment execution.
If the involved parties commit acts of
obstructing and/or opposing the judgment execution, to request the executors
and the heads of the judgment-executing teams to issue fining decisions
according to the provisions of law;
f/ Coordinating with the judgment-executing
agencies in organizing auctions of properties for judgment execution. In cases
where collected properties are of a kind quick to deteriorate (such as
vegetables, fruits, fresh and raw foods…), in order to avoid damage, making
records clearly describing the conditions of such properties, then organizing
their sale and, at the same time, notifying the judgment-executing agencies
thereof;
g/ Making records of the direct execution
between the involved parties regarding the cash amounts and/or properties under
the guidance of the judgment-executing teams; making payment for judgment
execution to the concerned parties if so authorized by the judgment-executing
teams.
The financial management in the judgment
execution cases already transferred to the commune-level People’s Committees
shall comply with Joint Circular No. 15/2002/TTLT-BTC-BTP of February 8, 2002
of the Ministry of Finance and the Ministry of Justice.
IV.
RESPONSIBILITIES OF THE JUDGMENT-EXECUTING AGENCIES
1. The judgment-executing teams shall have to
guide, supervise and inspect the commune-level People’s Committees in opening
books, compiling judgment execution dossiers and carrying out procedures for
urging the judgment execution; satisfy in time the latter’s requests so as to
remove obstacles and difficulties in the judgment-executing process.
2. The judgment-executing teams shall have the
responsibility to fully compile dossiers, transfer them, and issue receipts for
amounts collected and spent in the judgment execution, to the commune-level
People’s Committees.
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V.
ORGANIZATION OF IMPLEMENTATION
1. The Department for Management of Civil
Judgment Execution shall assist the Minister of Justice in guiding, training
in, monitoring and supervising the implementation of this Circular.
2. The directors of the provincial/municipal
Justice Services shall have to assist the presidents of the People’s Committees
of the provinces and centrally-run cities in organizing the study and deploying
the implementation of this Circular for executors, members of the
judgment-executing agencies and teams in their respective localities; direct
the district-level Justice Sections and judgment-executing teams to organize
training for commune-level People’s Committee officials assigned the task of
urging the judgment execution.
3. The heads of the judgment-executing sections
and the heads of the judgment-executing teams shall organize the screening of
cases, classify them, and make plans on the transfer of cases to the commune-level
People’s Committees for urging their execution; supervise and urge the
implementation of these plans.
4. If any problems arise in the course of
implementation organization, the localities should report them to the Ministry
of Justice for timely guidance.
VI.
IMPLEMENTATION EFFECT
This Circular takes implementation effect 15
days after its signing.
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