Decision No. 510/QD-TTg dated March 25, 2013 of the Prime Minister approving the Scheme “Take pilot implementation of institution on bailiffs continuously”

THE PRIME MINISTER

Decision No.  510/QD-TTg dated March 25, 2013 of the Prime Minister approving the Scheme “Take pilot implementation of institution on bailiffs continuously”

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Resolution No. 36/2012/QH13 dated November 23, 2012 of XIII National Assembly on taking pilot implementation of institution on bailiffs continuously;

At the proposal of the Minister of Justice,

DECIDES

Article 1. To approve the Scheme on Take pilot implementation of institution on bailiffs continuously” with contents as follows:

I. SCHEME’S OBJECTIVES

The Scheme gives out solutions, plans to carry out the effective implementation of the Resolution No. 36/2012/QH13 dated November 23, 2012 of XIII National Assembly on taking pilot implementation of institution on bailiffs continuously, to have much more sufficient assessments and serve as basis for review and report to National Assembly for next decisions on policies. Thereby, to contribute in implementation of objective on judicial and administration reform that Party and State have set.

II. SCHEME’S CONTENTS

1. To keep on pilot implementation of institutions on bailiffs with contents as follows:

a) To keep on pilot implementation of institutions on bailiffs in Ho Chi Minh, maintain operation of bailiff offices that have been established and further establish several of bailiff offices in Ho Chi Minh.

b) To expand the pilot institutions on bailiffs in from 12 to 15 provinces and centrally-run cities.  Local definition to implement pilot expansion must base on conditions and criteria as follows:

- Ensuring the representative nature for regions in over the country, thereby the local region that expands pilot implementation must have provinces and centrally-run cities at different regions (the North, the Middle and the South).

- Local regions with stable social and economic conditions.

- The number of accepted cases for settlement by Courts, civil judgment execution agencies is great basing on demands of people and society in bailiff implementation.

- Determination and readiness of agencies, organizations in local regions of pilot implementation.

To assign the Minister of Justice to select local region for pilot implementation after obtaining unified agreements with the Supreme People’s Court, the Supreme People’s Procuracy and the Ministry of Finance.

c) To agree on policies and plans on pilot bailiffs

To suggest the Central Steering Board of Judicial Reform to have a official document aiming to grasp thoroughly with Party s executive committees and local Steering Boards of Judicial Reform in implementation of the Resolution No. 36/2012/QH13 dated November 23, 2012, of National Assembly.

The relevant ministries, sectors; executive committees, People’s Committees of provinces and centrally-run cities where implement pilot bailiffs shall grasp thoroughly, unify cognition on policies related to pilot bailiffs of the Party and State.

Implementation time: In the pilot course.

a) To amend and supplement completion of institutions serving the pilot expansion

The Ministry of Justice shall formulate and submit to the Government to promulgate the Decree amending and supplementing the Government’s Decree No. 61/2009/ND-CP dated July 24, 2009 on organization and operation of pilot bailiffs implementation in Ho Chi Minh, concurrently review and study, if it is necessary, the Joint Circulars guiding the implementation of pilot institutions on bailiffs shall be amended and supplemented.  

The provincial People’s Committees where implement pilot institutions shall promulgate documents under their competence to create full legal basis for successful pilot bailiff implementation.

Time of implementation: Quarter I and II of 2013.

dd) To train and appoint bailiffs; establish, register operation for bailiff office in localities where have pilot implement of these institutions.

Time of implementation: Quarter I and II of 2013.

e) Propagate on bailiffs

To strengthen propagation and raise awareness on bailiffs in various forms, Ministries, sectors and local regions shall coordinate with the Council of law popularization and education of provinces and centrally-run cities, mass media in order to have well propagation on bailiffs.

Time of implementation: In the pilot course.

g) To strengthen international cooperation on bailiffs

To strengthen the exchange and share experiences in bailiff implementation; take advantages of force sources from international organizations and implement effectively with those force sources for pilot bailiff implementation.

Time of implementation: During pilot course.

h) To check, supervise, monitor activities of bailiffs.

Check, supervision and monitoring of activities of bailiffs comply with law.

To suggest agencies of National Assembly; People’s Councils, The Vietnam Fatherland Front of provinces and cities where have pilot implementation of institutions on bailiffs to pay attention to and supervise the pilot implementation.

Time of implementation: During pilot course.

i) Sum up preliminary and final reviews of the pilot implementation

The Ministry of Justice shall assume the prime responsibility for, and coordinate with Ministries, sectors and relevant provinces and centrally-run cities in assisting the Government to sum up preliminary and final reviews of the pilot implementation, report to the National Assembly as prescribed in the National Assembly’s Resolution.

2. Implementation organization:

a) Responsibilities of agencies, organizations in Scheme implementation

- The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Supreme People’s Court, the Supreme People’s Procuracy and relevant Ministries, sectors and localities in implementation of Scheme; organize preliminary and final reviews as prescribed in the Resolution of National Assembly.

- The Ministry of Finance shall coordinate with the Ministry of Justice and relevant Ministries and sectors in balancing budget in order to ensure full and timely funding for Scheme implementation.

- The Ministry of Information and Communications shall coordinate with the Ministry of Justice, Ministries, sectors and People’s Committees of provinces and centrally-run cities in directing agencies of mass media to publish news, propagate, popularize widely and deeply on bailiffs.

- The State Bank of Vietnam shall direct commercial banks, credit institutions to coordinate and provide information in verifying conditions for judgment execution of bailiffs.

- Ministries, Ministerial-level agencies, Governmental agencies shall, within their scope of functions, tasks, implement contents of Scheme in accordance with law and strictly coordinate with the Ministry of Justice in Scheme implementation.

- Executive committees of provinces and centrally-run cities where have pilot implementation shall direct local sectors and agencies to carry out effectively.

- People’s Committees of provinces and centrally-run cities in local regions where are expanded the pilot implementation shall formulate scheme on pilot bailiff implementation in their localities and submit them to the Ministry of Justice for approval; regularly monitor, urge and timely report to the provincial-level executive committees to grasp thoroughly implementation, remove difficulties  in the course of pilot implementation, ensure successful pilot implementation; coordinate with the Ministry of Justice in conducting preliminary and final reviews of bailiffs activities.

- To suggest the Supreme People’s Court, the Supreme People’s Procuracy to coordinate in implementation of the National Assembly’s Resolution

b) Implementation funds

Scheme’s implementation shall comply with law.

Basing on approved scheme’s contents, the Ministry of Justice, the Supreme People’s Court shall make budget estimations and send them to the Ministry of Finance and submit to competent authorities for approval and estimation on Scheme implementation.   Of which, make balance in order to allocate immediately further implementation funds of institutions on bailiffs in Ho Chi Minh.

Relevant agencies shall, within their scope of functions and tasks, regularly check, grasp situation in order to have measures to settle timely difficulties on funding to serve for pilot implementation.

Article 2.This Decision takes effect on the signing date.

Article 3.The ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of People s Committees of provinces and centrally-run cities where make pilot implementation of institutions on bailiffs shall implement this Decision./

Prime Minister

Nguyen Tan Dung