What is structure of civil servants and public employees of the General Department of Civil Judgment Execution as amended from September 20, 2023 in Vietnam?
May I ask: Since September 20, 2023, will structure of civil servants and public employees of the General Department of Civil Judgment Execution be revised in Vietnam? - Question from Mr. Trong (Hanoi).
What is structure of civil servants and public employees of the General Department of Civil Judgment Execution as amended from September 20, 2023 in Vietnam?
On August 2, 2023, the Prime Minister issued Decision 19/2023/QD-TTg amending and supplementing a number of articles of the Prime Minister's Decision 61/2014/QD-TTg dated October 30, 2014. The Government shall prescribe the functions, tasks, powers and organizational structure of the General Department of Civil Judgment Execution under the Ministry of Justice.
At Point a, Clause 1, Article 4 of Decision 61/2014/QD-TTg, the structure of civil servants and public employees of the General Department of Civil Judgment Execution is as follows:
Structure of civil servants and employees of the General Department of Civil Judgment Execution
1. The General Department of Civil Judgment Execution has the following personnel structure:
a) The General Director and no more than 03 Deputy General Directors;
b) Verifiers, principal verifiers, senior verifiers of judgment enforcement and other civil servants;
c) Officials.
The General Director of the General Department of Civil Judgment Execution shall prescribe the tasks, powers, structure of civil servants and the organization of organizations assisting the General Director; to appoint, relieve from duty, remove from office, and demote the leadership and management positions of the units under their management according to the decentralization of the Minister of Justice and according to the provisions of law.
2. The General Director and the Deputy General Directors shall be appointed, relieved of duty, dismissed or demoted by the Minister of Justice in accordance with the provisions of law.
3. The General Director of the General Department of Civil Judgment Execution is responsible before the Minister of Justice and before the law for all activities of the General Department. The Deputy Director General is responsible to the General Director and to the law for the assigned field.
In Clause 3, Article 1 of Decision 19/2023/QD-TTg, structure of civil servants and public employees of the General Department of Civil Judgment Execution is amended as follows:
Amending and supplementing a number of articles of the Prime Minister's Decision No. 61/2014/QD-TTg dated October 30, 2014 stipulating the functions, tasks, powers and organizational structure of the General Department of Execution Civil cases under the Ministry of Justice are as follows:
3. Point a, Clause 1, Article 4 is amended as follows:
“a) General Director and not more than 04 Deputy General Directors.
Thus, from September 20, 2023, structure of civil servants and employees of the General Department of Civil Judgment Execution will have no more than 04 Deputy General Directors in Vietnam.
How many units does the Provincial Civil Judgment Execution Department have since September 20, 2023 in Vietnam?
In Clause 2, Article 5 of Decision 61/2014/QD-TTg, position, function and organizational structure of civil servants of the Provincial Civil Judgment Execution Department are defined as follows:
Position, functions and organizational structure, civil servants of the Provincial Civil Judgment Execution Department
1. Provincial-level Civil Judgment Execution Department is an agency directly under the General Department of Civil Judgment Execution, performing the function of civil judgment enforcement and administrative judgment enforcement and has the task of assisting the General Director of the General Department of Judgment Execution to manage a number of aspects of organizational and staff work of local civil judgment enforcement agencies and perform other tasks and exercise other powers as prescribed by law.
2. The Provincial Civil Judgment Execution Department has specialized departments and equivalent organizations under its affiliated units.
3. The Provincial Civil Judgment Execution Department has a Director who is concurrently the head of the civil judgment enforcement agency; The Deputy Director is concurrently the Deputy Head of the civil judgment enforcement agency; Primary enforcers; Intermediate enforcers; Senior enforcers; Judgment enforcement examiners; The chief examiner of judgment execution; Senior examiners for judgment enforcement (if any); Judgment enforcement clerks and other civil servants.
...
In Clause 3, Article 1 of Decision 19/2023/QD-TTg, the structure of civil servants and public employees of the General Department of Civil Judgment Execution is amended as follows:
Amending and supplementing a number of articles of the Prime Minister's Decision No. 61/2014/QD-TTg dated October 30, 2014 stipulating the functions, tasks, powers and organizational structure of the General Department of Execution Civil cases under the Ministry of Justice are as follows:
...
4. To amend Clause 2, Article 5 as follows:
“Based on the workload, the assigned staffing quota, and the criteria for setting up a division according to the Government's regulations, the provincial Civil Judgment Execution Department has no more than 05 department-level units. The Ho Chi Minh City Civil Judgment Execution Department has no more than 06 departments.
Thus, from September 20, 2023, the Provincial Civil Judgment Execution Department has no more than 05 divisions. The Ho Chi Minh City Civil Judgment Execution Department has no more than 06 departments.
What is organizational structure of the General Department of Civil Judgment Execution in Vietnam?
In Article 3 of Decision 61/2014/QD-TTg as amended by Clause 2, Article 1 of Decision 19/2023/QD-TTg, the General Department of Civil Judgment Execution has an organizational structure including:
(1) Agencies directly under the General Department of Civil Judgment Execution at the central level, including:
- Department of management and professional direction of enforcement of judgments and decisions on civil, economic, labor, marriage and family, commercial arbitration (hereinafter referred to as Professional Department 1);
- Department of management and professional direction of bankruptcy judgment and decision enforcement; civil part, money, property and material evidence in criminal judgments and decisions and decisions on handling of competition cases related to property (referred to as Professional Department 2);
- Department of Administrative Judgment Execution Management, Statistics and Judgment Data (hereinafter referred to as Professional Department 3);
- Department of Complaints and Denunciations;
- Organize staff;
- Financial planning services;
- Office;
- Electronic Journal of Civil Judgment Execution
(2) Local civil judgment enforcement agency:
- The Civil Judgment Execution Department in the provinces and centrally run cities (collectively referred to as the Provincial Civil Judgment Execution Department) under the General Department of Civil Judgment Execution;
- Sub-departments of Civil Judgment Execution in rural districts, urban districts, towns and cities under the provincial-level Civil Judgment Execution Department.
Provincial-level Civil Judgment Execution Department and district-level Civil Judgment Execution Sub-Department have legal status, seal with the national emblem, account at the State Treasury and their own headquarters in accordance with law.
Note: Decision 19/2023/QD-TTg takes effect from September 20, 2023.
Best regards!
