Vietnam: Responsibilities for accounting in the civil judgment enforcement according to Circular 78

The responsibilities for accounting in the civil judgment enforcement in Vietnam are stipulated in Article 7 of Circular 78/2020/TT-BTC guiding the accounting in civil judgment enforcement as follows:

Vietnam: Responsibilities for accounting in the civil judgment enforcement according to Circular 78 (illustrative image)

+ For accountants at the Civil Judgment Enforcement Department and Sub-Department:

- Collect and process accounting information and data of civil judgment enforcement activities and the management of money, assets, and evidence during the judgment enforcement process of the unit; open accounting books, and record economic and financial transactions arising accordingly.

- Inspect and oversee collections from subjects; payments, refunds to subjects; payments to the state budget; the import and export of funds, the management of seized assets, and evidence during the judgment enforcement process; detect and prevent legal violations concerning financial accounting in civil judgment enforcement.

- Monitor, supervise and manage collections related to judgment enforcement by prisons.

- Periodically monthly, quarterly, yearly, reconcile details of income and expenditure, input and output of money and assets between the accounting books and each enforcement case file of the executor (if any arises) to promptly and definitively handle any backlog or discrepancies in accordance with the law on accounting, finance and civil judgment enforcement. For completed enforcement case files, reconciliation must be done before filing the case into the archive

.- Prepare and submit on time, and fully complete civil judgment enforcement reports, and financial reports as required; For the Civil Judgment Enforcement Department, apart from preparing reports arising in the province, it must also compile data and prepare provincial civil judgment enforcement reports to be sent to the General Department of Civil Judgment Enforcement under the Ministry of Justice of Vietnam.

- Analyze accounting information and data related to judgment enforcement to assist the Head of the Civil Judgment Enforcement Authority and superior management agencies in understanding the management of money, assets, and evidence, as well as the enforcement by the unit.

- The Civil Judgment Enforcement Department is responsible for guiding and inspecting the financial, and accounting policies for civil judgment enforcement operations in its subordinate units.

+ For accountants at the General Department of Civil Judgment Enforcement, Ministry of Justice:

- Guide and inspect the implementation of accounting in civil judgment enforcement for subordinate Civil Judgment Enforcement Authorities

.- Consolidate civil judgment enforcement reports from the Civil Judgment Enforcement Departments to report to the Ministry of Justice leadership.

- Analyze accounting information and data related to judgment enforcement to assist the Ministry of Justice's leadership in understanding the activities and results of financial operations in civil judgment enforcement across the system.

Note:

- When changing accountants, chief accountants, the head of the unit, or the authorized person for accounting in civil judgment enforcement, the unit must organize the handover according to regulations.

- Upon completing the handover, a handover record must be made. This record must clearly state the financial status of the judgment enforcement operations, including remaining cash in the fund, money still deposited at banks, treasury; collected but unpaid, paid, and remaining to be paid to the judgment creditor according to each enforcement decision; amounts submitted to the state budget, collected, and spent on judgment enforcement according to each enforcement decision.

- It is necessary to hand over unresolved accounting work and all accounting documents related to the income and expenditure operations of each enforcement decision. The handover record must have the full signatures of the related parties and witnessed by the unit's head.

More details may be found in Circular 78/2020/TT-BTC effective from October 1, 2020, replacing Circular 91/2010/TT-BTC.

Long Binh

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