The General Department of Civil Judgment Enforcement

Pursuant to Decision No. 61/2014/QD-TTg dated 30 October 2014 of the Prime Minister prescribing the functions, duties, powers and organizational structure of the General Department of Civil Judgment Enforcement, the General Department has functions, duties, powers and organizational structure as follows:

I. Role and functions

1. The General Department of Civil Judgment Enforcement a unit under the Ministry of Justice (hereafter called "the General Department") which performs the advisory function to the Minister in state management over civil judgment enforcement and administrative judgment enforcement nationwide; performing professional management over civil judgment enforcement and administrative judgment enforcement in accordance with the law.

2. The General Department of Civil Judgment Enforcement shall have a legal status, own seal bearing the national emblem, own bank account and a head-quarter located in Ha Noi.

II. Tasks and powers

The General Department has the following tasks and powers:

1. Developing and submitting to the Minister of Justice for submitting to competent authorities for approval following documents:

a) Draft laws and resolutions of the National Assembly; draft ordinances and resolutions of the Standing Committee of the National Assembly; draft resolutions and decrees of the Government; draft decisions and directives of the Prime Minister; draft circulars and decisions of the Minister of Justice on civil judgment enforcement and administrative judgment enforcement management;

b) Strategies, national programs, schemes, projects, master plans, long-term, five-year and annual plans, draft reports to the National Assembly and the Government on civil judgment enforcement and administrative judgment enforcement management.

2. Submitting to the Minister of Justice for decision on these following matters:

a) The establishment and dissolution of local civil judgment enforcement agencies, specialized divisions and equivalent units attached to provincial level civil judgment enforcement agencies;

b) Managing organizational structure and officials of civil judgment enforcement agencies;

c) Regulations on processes, procedures, standards and norms, forms and papers on civil judgment enforcement and administrative judgment enforcement;

d) Regulations on statistics on civil judgment enforcement and administrative judgment enforcement.

3. Guiding, examining and organizing the implementation of   legal normative documents, strategies, master plans, plans, programs, schemes and projects on civil judgment enforcement and administrative judgment enforcement management after being approved.

Performing the tasks of review, systematization and examination of the implementation of legal normative documents on civil and administrative judgment enforcement; dissemination and education on civil and administrative judgment enforcement.

Disseminating, educating and mobilizing organizations and individuals to strictly obey civil and administrative judgments and decisions of the court and other provisions according to the law.

4. Promulgating within its competence legal documents on directing and guiding professional skills on civil and administrative judgment enforcement, specified documents and internal normative documents according to provisions of laws.

5. Organizing the inspection of:

a) The implementation of procedures and application of law in the activities of civil judgment enforcement and administrative judgment enforcement management;

b) The implementation of statistical and reporting regimes on civil judgment enforcement and administrative judgment enforcement management;

c) The collection and disbursement of money, deliver and receipt of properties in civil judgments enforcement; the collection and remittance of charges, fees and coercive judgment enforcement expenses;

d) Other activities concerning civil judgment enforcement and administrative judgment enforcement management according to provisions of laws.

6. Handling complaints and denunciations; dealing within its competence or proposing competent authorities to deal with law violations in the fields of civil judgment enforcement and administrative judgment enforcement management; performing tasks of anti-corruption, negative action combat and preventing loss and wastefulness in the fields of civil judgment enforcement and administrative judgment enforcement management according to provisions of laws.

7. Conducting the task of crime prevention in the fields of civil judgment enforcement and administrative judgment enforcement management.

8. Monitoring the law implementation in the fields of civil judgment enforcement and administrative judgment enforcement.

9. Monitoring the implementation of appeals and petitions of the People's Procuracies regarding operation of civil judgment enforcement and administrative judgment enforcement management. Replying such appeals and petitions of the People's Procuracies according to provisions of laws.

10. Implementing international cooperation plans, programs and projects concerning of civil judgment enforcement and administrative judgment enforcement according to the provisions of law and delegation of the Minister; evaluating the international cooperation results on civil judgment enforcement and administrative judgment enforcement.

11. Coordinating with relevant agencies to inspect the management of civil judgment enforcement and administrative judgment enforcement and handling acts of refusing to execute the judgments according to the provisions of laws.

12. Assisting the Minister of Justice in coordination with the Minister of National Defense in exercising state management over civil judgment enforcement in the army.

13. Conducting research and applying advanced scientific technologies and modernization of material facilities and technology in the work of the system of civil judgment enforcement agencies.

14. Making statistics and developing database on civil judgment enforcement and administrative judgment enforcement.

15. Managing organizational structure, payrolls, officials and employees working for units attached to the General Department; implementing wages and remuneration policy regime; appointment, reappointment, rotation, transfer, dismissal, resignation, secondment and leaving jobs; emulation and discipline; professional training and fostering for officials and public servants under the management of the General Department according to provisions of laws and the delegation of the Minister.

16. Managing and allocating state budget, ensuring technical facilities and operational facilities of the civil judgment enforcement agencies as prescribed by law and as delegated by the Minister of Justice.

17. Managing fees collected from civil judgment enforcement agencies and performing the tasks of harmonization of the judgment enforcement fees and use according to provisions of laws.

18. Organizing and managing the activities of emulation and commendation in the system of civil judgment enforcement agency and other organizations and individuals reaching high achievement in the fields of civil and administrative judgment enforcement according to provisions of laws.

19. Performing the task of state compensation in the field of civil and administrative judgment enforcement according to provisions of laws.

20. Performing the tasks of administration reform and judicial reform according to objectives and content of the program of administrative reform and judicial reform approved by the competent authorities.

 21. Performing other tasks assigned by the Minister.

III. Organizational Structure:

General Department of Civil Judgment Enforcement is organized hierarchically from the central to local levels, ensuring the principles of centralization and uniformity, with the following structure:

1. Agencies under the General Department of Civil Judgment Enforcement at the central level:

a) The Division of management and direction on professional skills for enforcement of judgments and decisions concerning civil, economic, labor, marriage and family, and commercial arbitration matters (Division of Professional Matters 1 for short).

b) The Division of management and direction on professional skills for enforcement of judgments and decisions concerning bankruptcy; for enforcement of part of criminal judgments and decisions concerning civil, money, properties and material evidence, and competition handling decisions related to properties  (Division of Professional Matters 2 for short);

c) The Division of management of administrative judgment enforcement (Division of Professional Matters 3 for short);

d) The Division of handling complaints and denunciations;

dd) The Division of organization and personnel;

e) The Division of Planning and Finance;

g) The Office;

h) The Centre for Statistics, Data Management and Application of information technology.

The organizations listed from Point A to Point g Paragraph 1 of this Article are administrative organizations responsible for assisting the General Director in state management functions.

The organizations specified in Point h Clause 1 of this Article is public non-business organization.

2. Local civil judgment enforcement agencies:

a) Department of Civil Judgment Enforcement in provinces and centrally-run cities (provincial level Department of Civil Judgment Enforcement in short) under the General Department of Civil Judgment Enforcement;

b) Division of Civil Judgment Enforcement in districts, town and provincial cities (district level Division of Civil Judgment Enforcement in short) under provincial level Department of Civil Judgment Enforcement.

Provincial level Department of Civil Judgment Enforcement and district level Division of Civil Judgment Enforcement have legal status, a seal bearing the national emblem, the account in the State Treasury and offices as prescribed by law.