Administrative enforcement law (VwVG)

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VwVG

Date of completion: 27.04.1953

Full quote:

" Administrative Enforcement Act in the revised version published in the Federal Law Gazette, Part III, outline number 201-4, the latest by Article 1 of the Law of 25 November 2014 (BGBl. I p. 1770) "

Status:

Last amended by Art. 1 G v. 25.11.2014 I 1770

For more details, please refer to the menu under Notes

Footnote

Title: introduced in the Saarland by § 6 G v. 23.12.1956 101-2 iVm § 1 No. 17 Buchst. a G v. 17.7.1958 OJ C 327, 28.12.1958, p. d. Saarland S. 1171
(+ + + Text proof applicable: 1.1.1977 + + +)

First section
Enforcement in respect of monetary claims

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§ 1 Enforceable monetary claims

(1) The public-law demands of the Federal Government and of the federal direct legal persons under public law shall be enforced in administrative channels in accordance with the provisions of this Act. (2) The provisions of this Act shall be subject to the following conditions: (3) The rules of the tax code of the Administrative Court of the European Union (3) Social security legislation including unemployment insurance and the The judicial system shall remain unaffected. Unofficial table of contents

§ 2 Indebted debtor

(1) A debtor may be used as a debtor;

a)

who owes an achievement as a self-debtor;

b)

who is personally liable for the performance that another owes.

(2) Anyone who is obliged to carry out the foreclosure shall be treated as the debtor of the enforcement of the obligation to the extent that the obligation to disobediate is sufficient. Unofficial table of contents

§ 3 enforcement order

(1) Enforcement shall be initiated against the executing debtor by order of enforcement; a fully enforceable title shall not be required. (2) Conditions for the initiation of enforcement shall be:

a)

the notification of benefit which has been requested by the debtor for performance;

b)

the maturity of the service;

c)

the expiry of a period of one week since the notification of the performance certificate or, if the performance becomes due only thereafter, the expiry of a period of one week after the date of the occurrence of the due date.

(3) Before the execution of the execution, the debtor should also be given a special warning with a payment period of another week. (4) The enforcement order shall be issued by the authority which may invoke the claim. Unofficial table of contents

§ 4 enforcing authorities

Enforcement authorities are:

a)

the authorities of the administrative branch concerned by a supreme federal authority in agreement with the Federal Minister of the Interior;

b)

the executing authorities of the Federal Financial Administration if a provision under (a) has not been taken.

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§ 5 Applicable Enforcement Provisions

(1) In the case of § 4, the administrative forcible procedure and the enforcement protection are governed by the provisions of the tax code (§ § 77, 249 to 258, 260, 262 to 267, 281 to 317, 318 para. 1 to 4, § § 319 to 327). (2) Enforcement in the By means of mutual assistance from the institutions of the Länder, it shall be carried out in accordance with national law.

Second section
Enforcement of acts, dulsions or omissions

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§ 6 Admissibility of the administrative compulsion

(1) The administrative act which is directed to the issuance of a case or to the taking of an act, or to any action or omission, may be enforced with the coercive means in accordance with § 9, if it is indisputable or if its immediate (2) The administrative force may be applied without prior administrative act, if the immediate enforcement order to prevent an illegal act is the one that has been Fines or fines, or to avert an imminent threat , and the Authority shall be acting within its legal powers. Unofficial table of contents

§ 7 enforcement authorities

(1) An administrative act shall be carried out by the authority which has adopted it; it shall also take decisions of appeal. (2) The authority of the lower administrative stage may be entrusted with the task of executing the administrative act or in general. Unofficial table of contents

Section 8 Local competence

Where a coercive measure has to be carried out outside the district of the enforcement authority, the relevant federal authority of the district in which it is to be executed shall, at the request of the law enforcement authority, carry out the administrative compulsion. Unofficial table of contents

§ 9 Compulsory

(1) Forced means are:

a)

Replacement delivery (§ 10),

b)

Penalty payment (§ 11),

c)

The direct compulsion (§ 12).

(2) The coercive means must be proportionate to its purpose. In doing so, the compulsory means shall be determined in such a way as to minimise the risk of the person concerned and the general public being least affected. Unofficial table of contents

Section 10 Replacement

If the obligation to carry out an act which is possible by another (reasonable act) is not fulfilled, the law enforcement authority may appoint another person to carry out the act at the expense of the person subject to the act. Unofficial table of contents

§ 11 Forced Money

(1) If an act cannot be carried out by another and it depends only on the will of the person who is liable, the person liable for the action may be stopped by a penalty payment. In case of justifiable acts, it may be imposed if the replacement is untunable, especially if the person is not able to bear the costs arising from execution by another. (2) The penalty payment is also admissible, if the person subject to the obligation is contrary to the obligation to tolerate or refrain from any action. (3) The amount of the penalty shall be up to EUR 25 000. Unofficial table of contents

§ 12 Direct force

If the substitute or the penalty does not lead to the objective or if they are untunable, the law enforcement authority may compel the person to act, or compel the person to act, or carry out the act itself. Unofficial table of contents

§ 13 Threat of coercive means

(1) The coercive means must be threatened in writing if they cannot be applied immediately (Section 6 (2)). (2) The threat may be linked to the administrative act by which the act, culpation or the act of the act, or the act of the act, or the act of the act, or the act of the act, or the act of the act, or the act of the act, shall be subject to the obligation to comply with the obligation. Omission is given up. It should be associated with it if the immediate enforcement order is ordered or if no suspensive effect is attached to the legal remedies. (3) The threat must refer to a specific coercive means. (4) Should the act be carried out at the expense of the person (s) who are subject to the obligation (replacement), the threat of a number of coercive means and the threat with which the law enforcement authority reserves the right to choose between a number of compulsory means is inadmissible. shall be provisionally fixed in the threat of the cost. The right to demand remains unaffected if the replacement delivery causes a higher cost. (5) The amount of the penalty payment is to be threatened at a certain level. (6) The coercive means can also be threatened with a penalty or a fine and as often as often and be increased or changed in each case until the obligation is fulfilled. A new threat is only allowed if the initially threatened penalty is unsuccessful. (7) The threat must be delivered. This shall also apply if it is connected to the underlying administrative act and is not required for delivery. Unofficial table of contents

Section 14 Setting of the coercive means

If the obligation is not fulfilled within the time limit determined in the threat, the law enforcement authority shall fix the compulsory means. In the case of immediate enforcement (§ 6 para. 2), the setting shall be taken away. Unofficial table of contents

Section 15 Application of the coercive means

(1) The coercive means shall be applied in accordance with the conditions laid down. (2) In the event of a replacement or a direct resistance, the person who is subject to the obligation may be broken by force. The police must provide assistance at the request of the law enforcement authority. (3) The enforcement shall be stopped as soon as its purpose is reached. Unofficial table of contents

Section 16 Replacement

(1) If the periodic penalty payment is immaterial, the Administrative Court may, at the request of the enforcement authority, after hearing the person liable, order replacement detention if the penalty payment has been referred to it. The fundamental right of the second sentence of Article 2 (2) of the Basic Law is restricted to this extent. (2) The detention shall be at least one day, not more than two weeks. (3) The custody of the substitute shall be the administration of the courts at the request of the law enforcement authority in accordance with the provisions of Sections 802g, 802h and 802j (2) of the Code of Civil Procedure. Unofficial table of contents

Section 17 Enforcement of the law against authorities

The authorities and legal persons under public law are not permitted to do so unless something else is determined. Unofficial table of contents

Section 18 Legal remedies

(1) The appeal against the threat of a coercive means shall be the legal means admissible against the administrative act, the enforcement of which shall be enforced. If the threat is associated with the underlying administrative act, the appeal shall at the same time cover the administrative act, insofar as it is not already the subject of an appeal or judicial procedure. If the threat is not connected to the underlying administrative act and if it has become indisputable, then the threat may only be challenged to the extent that a violation of the law is claimed by the threat itself. (2) Compulsory appropriations without prior administrative act (Section 6 (2)) are admissible against the legal remedies which are generally applicable to administrative acts.

Third Section
Cost

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§ 19 Costs

(1) For official acts pursuant to this Act, costs (fees and expenses) are levied in accordance with § 337 (1), § § 338 to 346 of the German Tax Code. § § 107 and 318 (5) of the Tax Code shall apply to the granting of compensation to persons responsible for providing information, experts and trustees. (2) A reminder fee shall be charged for the reminder pursuant to section 3 (3). It is half a per cent of the amount of the order, but at least 5 euros and a maximum of 150 euros. The payment fee will be rounded up to full euro. Unofficial table of contents

Section 19a Enforcement package, regulation empowerment

(1) Federal immediate corporate bodies and institutions of public law which transmit to the executing authorities of the Federal Financial Administration pursuant to § 4 (b) of the enforcement order are obliged to apply for each of them as of 1 July 2014 to pay a lump sum for fees and levies (full extension fee) for the executing debtors, which is the case for the enforcement of the enforcement order. This does not apply to enforcement orders on account of money claims under the Federal Children's Money Act. (2) The enforcement fee is calculated according to the total amount of the period of calculation based on the enforcement orders of the legal entities. Persons referred to in paragraph 1, charges and levies which could not be recovered from the enforceable debtors, divided by the number of all the enforcement orders sent by those issuing authorities during that period. (3) The Federal Ministry of Finance is authorized, in agreement with the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Health by means of a regulation which does not require the consent of the Federal Council to determine the amount of the enforcement fee and the calculation period, which Formation and maturity of the enforcement fee, the accounting period, the settlement procedure and the accounting body to be settled. (4) The amount of the enforcement fee shall be determined by the Federal Ministry of Finance in accordance with the , to be reviewed every three years and by means of the legal regulation referred to in paragraph 3 , where the full-length premium calculated in accordance with the provisions of paragraph 2 differs by more than 20% from the full-stretch rate in the applicable version. (5) The legal persons referred to in paragraph 1 shall not be entitled to: To burden the executing debtor with the enforcement fee.

Fourth Section
Transitional and final provisions

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Section 20 External force of previous provisions

In so far as enforcement in federal laws is governed by this law, the provisions of this law shall apply to federal and federal legal persons under public law; § 1 para. 3 shall remain unaffected. Unofficial table of contents

§ 21 Berlin

This law applies in accordance with § § 13 and 14 of the Third Convention Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the country of Berlin. Unofficial table of contents

Section 22 Entry into force

This Act shall enter into force on 1 May 1953.