Working relationship with the Judgment Execution Agency of the Ministry of National Defense in Vietnam

Working relationship with the Department of Judgment Execution of the Ministry of National Defense in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Tasks and powers of the Judgment Execution Agency of the Ministry of National Defense in Vietnam

Tasks and powers of the Judgment Execution Agency of the Ministry of National Defense in Vietnam include:

- Advise and assist the Minister of National Defense:

+ To coordinate with the Minister of Justice to submit legal documents to the Government and Prime Minister
according to the approved annual law-making plan program of the Ministry; schemes, projects, and reports on the execution of civil judgments in the Army;

+ To request the Minister of Justice to appoint, re-appoint, and dismiss enforcers and civil judgment enforcement verifiers in the Army;

+ To promulgate circulars, decisions, and directives on civil judgment enforcement and sectoral cadre work; propose to strengthen the organization and staffing of management agencies and civil judgment enforcement agencies in the Army.

- Promulgate documents directing and guiding professional activities within its competence, special documents, and internal normative documents in accordance with law. Appoint officers to participate in the enforcement exam. Appointment and dismissal of civil judgment enforcement clerks in the Army.

- Organize the implementation of legal documents, strategies, national programs, master plans, plans, schemes, and projects on civil judgment enforcement in the Army after they are approved and promulgated. To research and apply scientific and technical advances and information technology to civil judgment enforcement; carry out statistical work; and build a database on civil judgment enforcement in the Army.

- Organize inspection of the order, procedures, and application of law in civil judgment enforcement activities; inspect the regime of statistics, reporting, collection, and expenditure of money and assets for judgment enforcement and other activities related to civil judgment enforcement. Inspect the use of the budget, implement regimes and policies, and arrange and employ judgment enforcement officers in accordance with the law.

- Settle complaints and denunciations about civil judgment enforcement within their competence as prescribed by law. Implement prevention and fight against corruption and negativity in civil judgment enforcement activities according to the provisions of the law and the Ministry of National Defense.

- Manage, decentralize, guide, and inspect the preparation of estimates, expenditures, payments, and settlements of professional expenses; ensure, monitor, manage, and use material and technical foundations, equipment, and means for civil judgment enforcement activities in the Army. Manage, regulate, and use civil judgment enforcement fees in accordance with the law.

- Coordinate with functional agencies in managing, training, and fostering professional skills; emulation, commendation, discipline, and the implementation of regimes and policies for civil judgment enforcement officers and employees in the Army.

- Summarize the practice of civil judgment enforcement. Implement administrative and judicial reform according to objectives and programs decided and approved by competent authorities. Performing state compensation work in civil judgment enforcement activities. Propagate, educate, and mobilize organizations and individuals to strictly observe the provisions of the law.

- Implement plans, programs, schemes, and projects and evaluate the results of international cooperation on civil judgment enforcement in accordance with the law and the Ministry of National Defense.

- Build a strong and comprehensive agency and perform other tasks and powers assigned by the Minister of National Defense or competent authorities.

(Article 2 of Circular 50/2017/TT-BQP)

2. Working relationship with the Judgment Execution Agency of the Ministry of National Defense in Vietnam

- With the Central Military Commission, the Minister of National Defense has a relationship of submission to the leader, direction, and command.

- With the Chief of the General Staff of the Vietnam People's Army, there is a relationship of submission to the command and direction of military administration.

- With the Party Committee of the General Staff - the Agency of the Ministry of Defense has a relationship of submission to the leadership and direction on party work and political work.

- With the agencies of the Ministry of National Defense, the relationship is subject to the direction and guidance of professional expertise, coordination, and synergies to perform tasks according to the functions and tasks of the agencies.

- With the Ministry of Justice, the relationship is subject to guidance and direction in the implementation of the provisions of the law on civil judgment enforcement.

- With the General Department of Civil Judgment Execution and functional agencies of the Ministry of Justice have a cooperative and synergistic relationship to assist the Minister of National Defense in coordinating with the Minister of Justice in performing the state management of civil judgment enforcement in the Army.

- With the Party Committee, the Commander of the military zone and the equivalent, there is a coordination relationship for professional management and direction of civil judgment enforcement according to the provisions of law and to unify the work of civil judgment enforcement officers and employees in accordance with the regulations of the Central Military Commission and the Ministry of National Defense.

- With the Military Region-level Judgment Enforcement Division, it is the relationship between management, direction, guidance, inspection of professional expertise, inspection of the use of budget, implementation of regimes and policies, and the arrangement and use of officers and staff for judgment enforcement.

(Article 3 of Circular 50/2017/TT-BQP)

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