From September 20, 2023, will the Provincial Civil Judgment Enforcement Department have no more than 05 department-level units?
The General Department of Civil Judgment Enforcement shall have no more than 04 Deputy Directors according to the latest Decision, is that correct?
On August 2, 2023, the Prime Minister of the Government of Vietnam issued Decision 19/2023/QD-TTg amending and supplementing several articles of Decision 61/2014/QD-TTg dated October 30, 2014, of the Prime Minister of the Government of Vietnam defining the functions, tasks, powers, and organizational structure of the General Department of Civil Judgment Enforcement under the Ministry of Justice.
At point a, clause 1, Article 4 of Decision 61/2014/QD-TTg regulating the structure of officials and public employees of the General Department of Civil Judgment Enforcement as follows:
Structure of officials and public employees of the General Department of Civil Judgment Enforcement
1. The General Department of Civil Judgment Enforcement has the following personnel structure:
a) General Director and no more than 03 Deputy General Directors;
b) Reviewers, senior reviewers, high-level reviewers of civil judgment enforcement and other officials;
c) Officers.
The General Director of the General Department of Civil Judgment Enforcement defines tasks, powers, structure of officials, and organization of the units assisting the General Director; appoints, dismisses, and demotes leadership positions, managing units under their management according to the decentralization of the Ministry of Justice and in accordance with the law.
2. The General Director and Deputy General Directors are appointed, dismissed, and demoted by the Minister of Justice in accordance with the law.
3. The General Director of the General Department of Civil Judgment Enforcement is responsible before the Minister of Justice and the law for the entire operation of the General Department. The Deputy General Directors are responsible to the General Director and the law for the assigned fields.
In clause 3, Article 1 of Decision 19/2023/QD-TTg the structure of officials and public employees of the General Department of Civil Judgment Enforcement is revised as follows:
Amending and supplementing several articles of Decision No. 61/2014/QD-TTg dated October 30, 2014, of the Prime Minister of the Government of Vietnam defining the functions, tasks, powers, and organizational structure of the General Department of Civil Judgment Enforcement under the Ministry of Justice as follows:
3. Amending point a, clause 1, Article 4 as follows:
“a) General Director and no more than 04 Deputy General Directors”.
Thus, from September 20, 2023, the structure of officials and public employees of the General Department of Civil Judgment Enforcement will increase from no more than 03 Deputy General Directors to no more than 04 Deputy General Directors.
Provincial Department of Civil Judgment Enforcement shall have no more than 05 sub-departments from September 20, 2023? (Image from the Internet)
From September 20, 2023, will the Provincial Department of Civil Judgment Enforcement have no more than 05 sub-departments, is that correct?
In clause 2, Article 5 of Decision 61/2014/QD-TTg determining the position, function, and organizational structure of the Provincial Department of Civil Judgment Enforcement as follows:
Position, function, and organizational structure of the Provincial Department of Civil Judgment Enforcement
1. The Provincial Department of Civil Judgment Enforcement is an agency under the General Department of Civil Judgment Enforcement, performing the function of civil judgment enforcement and administrative judgment enforcement, tasked with assisting the General Director of the General Department of Civil Judgment Enforcement in managing several aspects of the organization and personnel of local civil judgment enforcement agencies and performing other tasks as prescribed by law.
2. The Provincial Department of Civil Judgment Enforcement has specialized offices and equivalent units directly under it.
3. The Provincial Department of Civil Judgment Enforcement has a Director who simultaneously is the Head of the Civil Judgment Enforcement agency; a Deputy Director who is simultaneously the Deputy Head of the Civil Judgment Enforcement agency; junior enforcers; intermediate enforcers; high-level enforcers; civil judgment enforcement reviewers; senior civil judgment enforcement reviewers; senior high-level civil judgment enforcement reviewers (if any); civil judgment enforcement clerks and other officials.
...
In clause 4, Article 1 of Decision 19/2023/QD-TTg the structure of officials and public employees of the General Department of Civil Judgment Enforcement is revised as follows:
Amending and supplementing several articles of Decision No. 61/2014/QD-TTg dated October 30, 2014, of the Prime Minister of the Government of Vietnam defining the functions, tasks, powers, and organizational structure of the General Department of Civil Judgment Enforcement under the Ministry of Justice as follows:
...
4. Amending clause 2, Article 5 as follows:
“Based on workload, staffing targets assigned, and criteria for establishing offices as stipulated by the Government of Vietnam, the Provincial Department of Civil Judgment Enforcement shall have no more than 05 sub-departments. The Ho Chi Minh City Department of Civil Judgment Enforcement shall have no more than 06 sub-departments”.
Thus, from September 20, 2023, the Provincial Department of Civil Judgment Enforcement shall have no more than 05 sub-departments.
Additionally, the Ho Chi Minh City Department of Civil Judgment Enforcement shall have no more than 06 sub-departments.
What are the tasks of the Provincial Department of Civil Judgment Enforcement?
Article 14 of Law on Civil Judgment Enforcement 2008 defines the tasks and powers of civil judgment enforcement agencies at the provincial level as follows:
- Manage and direct civil judgment enforcement within the province, including:
+ Ensuring the uniform application of legal provisions in civil judgment enforcement activities.
+ Directing civil judgment enforcement activities for district-level civil judgment enforcement agencies; providing professional guidance for civil judgment enforcers and other officials of civil judgment enforcement agencies within the province.
+ Inspecting civil judgment enforcement activities for district-level civil judgment enforcement agencies.
+ Summarizing practical experiences in civil judgment enforcement; implementing statistical policies, and reporting on organizational activities as guided by the management authority under the Ministry of Justice.
- Directly enforce judgments and decisions as prescribed in Article 35 of the Law on Civil Judgment Enforcement 2008.
- Compile dossiers requesting exemption, reduction of civil judgment enforcement obligations; cooperate with the police in compiling dossiers requesting exemption, reduction of imprisonment sentences, and amnesty for individuals subject to civil judgment enforcement obligations who are serving prison sentences.
- Resolve complaints and denunciations regarding civil judgment enforcement within their jurisdiction as prescribed by the Law on Civil Judgment Enforcement 2008.
- Manage officials, infrastructure, funding, and operational equipment of civil judgment enforcement agencies at local levels as directed and guided by the management authority under the Ministry of Justice.
- Assist the People's Committee at the same level in performing responsibilities and exercising powers as prescribed in clauses 1 and 2 of Article 173 of the Law on Civil Judgment Enforcement 2008.
- Report on civil judgment enforcement activities to the People's Council and People's Committee as prescribed by law; report to the court on the results of judgment and decision enforcement upon request (clause 7 of Article 14 of the Law on Civil Judgment Enforcement 2008, amended by clause 7 of Article 1 of the Amended Law on Civil Judgment Enforcement 2014).
Note: Decision 19/2023/QD-TTg takes effect from September 20, 2023.
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