Organizational structure of the General Department of Civil Judgment Execution from September 20, 2023 in Vietnam

Organizational structure of the General Department of Civil Judgment Execution from September 20, 2023 in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On August 2, 2023, the Prime Minister issued Decision 19/2023/QD-TTg amending and supplementing a number of articles of Decision 61/2014/QD-TTg prescribing the functions, tasks, powers, and organizational structure of the General Department of Civil Judgment Execution under the Ministry of Justice.

Organizational structure of the General Department of Civil Judgment Execution from September 20, 2023 in Vietnam

Specifically, from September 20, 2023, the organizational structure of the General Department of Civil Judgment Execution will be regulated as follows:

(1) Agencies directly under the General Department of Civil Judgment Execution at the Central level

(i) Department of management and professional direction of enforcement of judgments and decisions on civil, economic, labor, marriage and family, and commercial arbitration (hereinafter referred to as Professional Department 1);

(ii) Department of Management and professional direction of enforcement of bankruptcy judgments and decisions; 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);

(iii) Department of Administrative Judgment Execution Management, Statistics and Judgment Data (hereinafter referred to as Professional Department 3)

(Currently Decision 61/2014/QD-TTg stipulates the Administrative Judgment Execution Management Department (referred to as the Professional Department 3))

(iv) Department for Settlement of Complaints and Denunciations;

(vi) Department of Personnel Organization;

(vii) Department of Planning and Finance;

(viii) Office;

(ix) Electronic Journal of Civil Judgment Enforcement

(From the date of Decision 19/2023/QD-TTg, the Center for Statistics, Data Management, and Information Technology Applications will be dissolved.)

The organizations specified from (i) to (viii) are administrative organizations that assist the General Director in performing the state management function.

The organization specified in (ix) is a public non-business organization.

(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 districts, urban districts, towns, and provincial cities (collectively referred to as District-level Civil Judgment Execution Sub-Departments) 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, a seal with the national emblem, an account at the State Treasury, and their own headquarters in accordance with law.

Position and functions of the General Department of Civil Judgment Execution in Vietnam

According to Article 1 of Decision 61/2014/QD-TTg, the General Department of Civil Judgment Execution has the following positions and functions:

The General Department of Civil Judgment Execution is an agency directly under the Ministry of Justice, performing the function of advising and assisting the Minister of Justice in state management of civil judgment enforcement and administrative judgment enforcement nationwide and performing specialized management of civil judgment enforcement and administrative judgment enforcement in accordance with law.

- The General Department of Civil Judgment Execution has legal status, a seal with the national emblem, a separate account at the State Treasury, and a head office in Hanoi.

Duties and powers of the General Department of Civil Judgment Execution in Vietnam

The General Department of Civil Judgment Execution shall perform the following tasks and powers:

- Resolve the complaint report; handle according to its competence or propose competent authorities to handle according to law provisions for violations of the law on civil judgment enforcement, management of administrative judgment execution, and urging for administrative judgment execution; ...

- Perform crime prevention in civil judgment enforcement, administrative judgment execution management.

- Monitor the law enforcement situation in the fields of civil judgment enforcement and administrative judgment enforcement.

- Monitor the implementation of protests and recommendations of the People's Procuracy related to civil judgment enforcement activities and urge the execution of administrative judgments. Respond to protests and recommendations of the People's Procuracy according to regulations.

- Implement plans, programs, schemes, and projects on international cooperation in civil judgment enforcement and administrative judgment enforcement according to the provisions of law and decentralization by the Minister of Justice; evaluate the results of international cooperation in civil judgment enforcement and administrative judgment enforcement.

- Cooperate with relevant agencies in inspecting civil judgment execution management, administrative judgment execution management, and handling acts of non-compliance with judgments in accordance with the law.

- Assist the Minister of Justice in coordinating with the Minister of National Defense in the state management of civil judgment enforcement in the army,

- Organize the research, management, and application of scientific and information technology advances to the operation of civil judgment enforcement agencies; modernize the material and technical bases of civil judgment enforcement agencies.

- Make statistics and build a database on civil judgment enforcement and administrative judgment enforcement.

(More details regarding the duties and powers of the General Department of Civil Judgment Execution can be found in Article 2 of Decision 61/2014/QD-TTg, as amended in Decision 19/2023/QD-TTg.)

More details can be found in Decision 19/2023/QD-TTg, effective as of September 20, 2023.

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