DECISION

APPROVING THE SCHEME ON “KEEPING ON PILOT IMPLEMENTATION OF INSTITUTIONS ON BAILIFFS”

THE PRIME MINISTER

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

Pursuant to the Resolution No. 36/2012/QH13, of November 23, 2012 of XIII National Assembly on keeping on pilot implementation of institutions on bailiffs;

At the proposal of the Minister of Justice,

DECIDES

Article 1. To approve the Scheme on “keeping on pilot implementation of institutions on bailiffs” with the following contents:

I. OBJECTIVES OF THE SCHEME

The Scheme gives out solutions, plans aiming to carry out the effective implementation of the Resolution No. 36/2012/QH13 of National Assembly on keeping on the pilot institutions on bailiffs, in order to have more sufficient assessments, to serve as basis for review and report to National Assembly for National Assembly’s decisions on next policies.    Thereby, to contribute in implementation of objective on judicial and administration reform set out by  the Party and State.

II. CONTENT OF SCHEME

1. To keep on pilot implementation of institutions on bailiffs with the following contents:

a) To keep on pilot implementation of institutions on bailiffs in Hochiminh city, maintain operation of Offices of bailiffs that have been established and further establish several of Offices of bailiffs in Hochiminh city.

b) To expand the pilot institutions on bailiffs in from 12 to 15 provinces and centrally-run cities.  The defining localities to implement pilot expansion must base on the following conditions and criteria:

- Ensuring the representative nature for regions in nationwide, thereby a locality to expand pilot implementation must have provinces and centrally-run cities at different regions (North of Vietnam, central of Vietnam, South of Vietnam).  

- Localities have socio-economic conditions that are rather stable.

- Quantity of cases accepted for settlement by Courts, civil judgment execution agencies is big as well as on the basis of demand of people, society in bailiff implementation.

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

To assign the Minister of Justice to decide selection of localities 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 with 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, of 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.

Time of implementation: During 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 for promulgation of the Decree amending and supplementing the Government’s Decree No. 61/2009/ND-CP, of July 24, 2009 on organization and operation of bailiffs for pilot implementation in Hochiminh city, concurrently review and study, if it is necessary, the Joint Circulars guding 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 sucessful pilot bailiff implementation.

Time of implementation: Quarter I and II of 2013.

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

Time of implementation: Quarter I and II of 2013.

e) Propagate on bailiffs

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

Time of implementation: During pilot course.

g) To intensify international cooperation on bailiffs

To intensify exchange and share experiences in bailiff implementation; to 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) To conduct 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 assiting the Government to conduct preliminary and final reviews of the pilot implementation, report them to National Assembly as prescribed in the Resolution of National Assembly.

2. Organization of implementation:

a) The responsibility of agencies, organizations in implementation of Scheme

- 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 implementation of Scheme.

- 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 implementation of Scheme.

- 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 localities 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 Resolution of National Assembly.

b) Funding for implementation

Funding for formulation and implementation of scheme shall comply with law.

Based on contents of approved scheme, 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 of estimation on implementation of Scheme.   Of which, make balance in order to allocate immediately the funding for further implementation of institutions on bailiffs in Hochiminh city.

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 day of its signing.

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 are responsible for the implementation of this Decision.