Standards for senior enforcers engaged in civil judgment enforcement in Vietnam as of May 18, 2024

Standards for senior enforcers engaged in civil judgment enforcement in Vietnam as of May 18, 2024
Trần Thanh Rin

What are the standards for senior enforcers engaged in civil judgment enforcement in Vietnam as of May 18, 2024? – Kim Ngan (Ninh Thuan)

Standards for senior enforcers engaged in civil judgment enforcement in Vietnam as of May 18, 2024

Standards for senior enforcers engaged in civil judgment enforcement in Vietnam as of May 18, 2024 (Internet image) 

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

The Minister of Justice issued Circular 02/2024/TT-BTP on April 3, 2024, regulating the code, professional standards, duties, and salary scale for senior enforcers engaged in civil judgment enforcement in Vietnam.

1. Who is a senior enforcer?

A senior enforcer is an official with professional duties in civil judgment enforcement, the highest administrative judgment enforcement, directly organizing judgment enforcement, and urging the enforcement of particularly complex civil and administrative judgments related to various sectors, levels, localities, or foreign elements under the jurisdiction of the Department of Civil Judgment Enforcement.

(Clause 1 of Article 5 of Circular 02/2024/TT-BTP)

2. Standards for senior enforcers engaged in civil judgment enforcement in Vietnam as of May 18, 2024

2.1. General Standards

According to Article 4 of Circular 02/2024/TT-BTP, senior enforcers engaged in civil judgment enforcement must ensure the following general conditions:

- Have firm political will, be steadfast with Marxism-Leninism, Ho Chi Minh's thought, grasp the Party's policies and guidelines; loyal to the Homeland and the Constitution of the Socialist Republic of Vietnam; protect the interests of the homeland and the People.

- Fully perform the duties of civil servants as prescribed by law; strictly comply with the task assignments of superiors; comply with the law, maintain discipline, administrative order; and be exemplary in implementing the rules and regulations of the agency.

- Be dedicated, responsible, honest, objective, fair, and exemplary in performing public duties; be polite, cultured, and standard in communication, serving the people.

- Have a healthy, modest, united lifestyle and activities; be thrifty, honest, upright, and selfless; do not take advantage of public affairs to seek personal benefits; be not bureaucratic, corrupt, wasteful, or negative.

- Regularly conscious of learning, training to improve qualities, levels, and capabilities.

- Have enough health to complete the assigned tasks.

- Officials registered for promotion exams, promotion consideration must meet the standards, conditions as prescribed by the Government.

2.2. Standards of profession and competence in Vietnam 

The Standards of profession and competence for senior enforcers engaged in civil judgment enforcement in Vietnam are as follows:

- Grasp and deeply understand the Party's policy line, the State's laws, directives, and resolutions of superiors to apply them to civil judgment enforcement; strategic objectives for economic, cultural, and social development;

- Grasp and understand the knowledge of state administrative management, deeply understand the legal content of civil judgment enforcement; proficiently apply the principles, regimes, and procedures on civil execution duties;

- Grasp the situation and development trends of the civil judgment enforcement field domestically and globally; organize research to serve management and handle management information;

- Have the ability to propose, advise on policy formulation, lead the construction of projects, draft legislative documents, projects, and programs related to professional duties in the field of civil judgment enforcement to submit to competent levels for consideration and decision; have good coordination with related agencies, units, and individuals in performing assigned tasks;

- Have the ability to educate and persuade the parties to enforce the court's judgment and decision; decision of the Competition Case Handling Council and arbitration award, decision of the Commercial Arbitrator;

- Be proficient in drafting, presenting, defending, and organizing the implementation skills to build and deploy projects, schemes, programs, work plans, and teaching materials related to civil and administrative judgment enforcement;

- Have scientific research capabilities, summarize wide-ranging topics in the assigned field, propose strategic issues on civil execution, administrative execution; have the ability to analyze, generalize, and synthesize in many fields related to execution work;

- Have basic information technology skills.

(Clause 3, Article 5 of Circular 02/2024/TT-BTP)

2.3. Standards of training and refresher training

The standards for training and refresher training senior enforcers engaged in civil judgment enforcement are specifically stipulated in Clause 4, Article 5 of Circular 02/2024/TT-BTP, as follows:

- Have a bachelor's degree in law or higher;

- Have a certificate of refresher training in knowledge and skills of state management for senior specialist officials and equivalent, or have a high-level political theory - administration degree;

- Have a high-level political theory degree or a high-level political theory - administration degree or have a degree, certificate of political theory level equivalent to high-level political theory from a competent agency;

- Have a certificate of refresher training in knowledge, skills as required for the job position of senior enforcer according to the program content of the Ministry of Justice.

More details can be found in Circular 02/2024/TT-BTP, taking effect on May 18, 2024.`

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