What are the tasks and powers of the General Department of Civil Judgment Execution in Vietnam

Tasks and powers of the General Department of Civil Judgment Execution in Vietnam (Internet image)

Currently, the tasks and powers of the General Department of Civil Judgment Execution are specified in Decision 61/2014/QD-TTg on the functions, tasks, powers, and organizational structure of the General Department of Civil Judgment Execution under the Ministry of Justice of Vietnam (amended in Decision 19/2023/QD-TTg).

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

- Formulate for the Minister of Justice to submit to competent authorities or promulgate according to his/her competence:

+ Law project, draft resolution of the National Assembly; Ordinance project, draft resolution of the National Assembly Standing Committee; draft decrees and resolutions of the Government; draft decisions and directives of the Prime Minister; draft circulars, decisions of the Minister of Justice, and other documents on civil judgment enforcement, administrative judgment execution management;

+ Strategy, national program, scheme, project, master plan, long-term, five-year, annual plan, draft report to the National Assembly, report to the Government on civil judgment enforcement, administrative judgment execution management.

- Submit to the Minister of Justice for a decision:

+ Establishing and dissolving civil judgment enforcement agencies; specialized departments and equivalent organizations under the Department of Civil Judgment Execution of provinces and centrally run cities;

+ Managing the organization and civil servants of the system of civil judgment enforcement agencies according to the provisions of law;

+ Regulations on processes, procedures, standards, norms, forms, and papers on civil judgment enforcement and administrative judgment enforcement;

+ Regulations on civil judgment enforcement statistics and administrative judgment enforcement.

- Guide, inspect, and organize the implementation of legal documents, strategies, master plans, plans, programs, schemes, and projects on civil judgment enforcement, administrative judgment execution management after they are approved and promulgated.

Review, systematize, and inspect the implementation of legal documents on civil judgment enforcement and administrative judgment enforcement; propagate, disseminate, and educate the law on civil judgment enforcement and administrative judgment execution.

Propagate, educate, and mobilize organizations and individuals to strictly observe civil and administrative judgments and decisions of the Court and other regulations in accordance with the law.

- Promulgate according to its competence, documents directing and providing professional guidance on civil judgment enforcement, administrative judgment enforcement, special documents, and internal normative documents in accordance with law.

- Test organization:

+ The implementation of order, procedures, and application of law in civil judgment enforcement activities, management of administrative judgment execution, and urging of administrative judgment execution;

+ The regime of statistics and reporting on civil judgment enforcement, administrative judgment execution management, and administrative judgment enforcement;

+ The collection and payment of money, delivery, and receipt of property in civil judgment enforcement; the collection and payment of charges, fees, and expenses for organizing the enforcement of civil judgments;

+ Other activities related to civil judgment enforcement and management of administrative judgment enforcement in accordance with law.

- 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; prevent and combat corruption and negativity and practice thrift, combat wastefulness in civil judgment enforcement; manage the execution of administrative judgments; and urge the execution of administrative judgments in accordance with law.

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

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

- Assume the prime responsibility for, and coordinate with relevant agencies in, monitoring, urging, and inspecting ministries, ministerial-level agencies, government-attached agencies, and provincial-level People's Committees in the observance of the law on administrative procedures.

- 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 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.

- Manage the organizational structure, job positions, and payrolls of civil servants, the number of people working in the units under the General Department of Civil Judgment Execution; the implementation of salary regimes and remuneration policies; appointment, re-appointment, rotation, transfer, dismissal, resignation, secondment, retirement, resignation; reward and discipline; professional training and retraining for civil servants and public employees under the management of the General Department of Civil Judgment Execution according to the provisions of the Minister of Justice.

- Manage and allocate funds, ensure material - technical foundations, means of operation of civil judgment enforcement agencies according to the provisions of the law; and decentralize the Minister of Justice.

- Manage the fee collected by the civil judgment enforcement agency to the General Department of Civil Judgment Execution in order to harmonize the judgment enforcement fee and use it in accordance with law.

- Organize and manage the emulation and commendation work of the system of civil judgment enforcement agencies, other organizations, and individuals with outstanding achievements in the work of civil judgment enforcement; management of administrative judgment execution; urging the execution of administrative judgments according to the provisions of law; and decentralization of the Minister of Justice.

- Implement regulations on state compensation in civil judgment enforcement, urge administrative judgment enforcement in accordance with the law.

- Carry out administrative and judicial reform tasks according to the objectives and contents of the administrative and judicial reform programs approved by competent authorities.

- Perform other tasks and exercise other powers assigned by the Minister of Justice and in accordance with law.

Duong Chau Thanh

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