Circular 12/2015/ttlt-Btp-Btc-Tandtc-Vksndtc: Guide The Exemption, Reduction Of The Obligation Of Execution For Revenues, Filed The State Budget

Original Language Title: Thông tư liên tịch 12/2015/TTLT-BTP-BTC-TANDTC-VKSNDTC: Hướng dẫn việc miễn, giảm nghĩa vụ thi hành án đối với khoản thu, nộp ngân sách nhà nước

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THE FRANCO-FRANCO-MINISTER 'S OFFICE-THE SUPREME COURT OF THE PEOPLE' S SUPREME COURT.
Number: 12 /2015/TTLT-BTP-BTC-TANDTC-VKSNDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 15 September 2015

FEDERAL INFORMATION

The instruction guide, the reduction of the law enforcement obligation to the collection, pays the state budget

________________________________

Civil Law Enforcement. 26 /2008/QH12 have edit, add some things Follow. Rule number 64/ 2014/QH13 (The following is the Law of the Law of the Civil War);

The Human Rights Tribunal for the People's Court. 62 /2014/QH13;

The National Institute for Human Rights Watch. 63 /2014/QH13;

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Justice;

Base of Protocol 215 /2013/ND-CP December 23, 2013 rules out the function, mandate, jurisdiction and organizational structure of the Ministry of Finance;

Minister of Justice, Minister of Finance, Chief Justice The Supreme People 's Court, the Supreme People' s Institute of Police. guidelines for free, reduced obligations Execution of execution for the Collect, file a state budget.

Chapter I

COMMON RULES

What? 1. The adjustment range

This joint venture specifies the principle of principle, condition, procedure, and exemption, the reduction of the law enforcement obligation to the collection, the filing of the state budget (the following calls for exemption, the execution of the execution).

What? 2. The attributes are tried for free, reduced execution exams

The revenues, submitted to the state budget under review, reduce the execution of fines, access to money, financial income assets, fees, court fees, confiscation of state funds, the revenues, the other filing for the state budget determined. in the sentence, the Court ' s decision has been in effect of law; the rate of execution of execution on the amount is exempt, decreased (if any).

What? 3. Principles of immunity, reduced execution exam

1. In order to consider, the execution of execution must be performed objectively, publicly, transparent, on the right subject, on the right deadline and the provisions of the law on civil law enforcement, the relevant legislation.

2. The person is given a waive, the execution of the execution does not have to submit the costs associated with the review, down. The cost of the review, the execution of the execution is taken from the operating capital ' s operating budget for the exemption, the execution of the execution exam.

What? 4. Free trial, trial reduction

1. Conditions of conduct, reduce execution of execution by regulation at Article 61 Civil execution law.

The implementation is a portion of the collection, paying the state budget specified in Clause 2 and Clause 3 or a portion of the regulatory fee at Clause 4 Article 61 The civil law enforcement act is at least one-fifth of the proceeds, the state budget or the state budget. The sentence of the trial shall be enforced on the verdict, the decision of the Court.

In the case of a penalty which has been reduced to a new crime, it is only a reduction in the provisions of the Penal Code of the Penal Code of the Penal Code of the Penituation of the Propaganda.

2. Free of the charge, the remaining fines stipulate at paragraph 4 Article 61 The civil law enforcement law is executed when the execs must have the following conditions:

a) There is an active portion of the statute of provisions in this Article 1; the execution of a portion of the fine under the provisions of the Penal Code on the exemption of the remaining fines;

b) Lin into a particularly difficult economic situation lasting or large.

The person who has to enforce the case into the long-lasting special economic circumstances is that the person is reduced or lost income, lost all or most of the property due to accidents, sickness, natural disasters, fire or other inviable events resulting in no guarantee or criticism. to ensure the minimum life for the person itself and the person they have a responsibility to nurture from twelve months or more, since the time of the event comes to a time of trial, to reduce the execution of the execution.

The person who has to enforce a major legislative action is that the person who has acted in helping the state agency has the authority to detect, pursue, criminal investigation; save others in poor or save state property, of the collective, of the body, of the citizens. natural disasters, fires, or other adverse events; there are patents, patents or initiatives that are of great value identified by state agencies.

Chapter II

THE PROCEDURE OF MOTION AND PUNISHMENT, THE EXECUTION OF EXECUTION.

What? 5. Verify the conditions for free, reduce execution exam

1. The verification of the conditions for a free trial, the execution of execution is performed when there is one of the following bases:

a) The head of the law enforcement agency has made a decision on the unconditional execution of the execution of the law enforcement law at Article 44a Law Enforcement Law; qualified for the deadline, the amount stipulated at Article 61 Civil execution Law and treatment. The provisions of Article 1 Article 4 of this federated or eligible for the provisions of Article 2 Article 4 of this link;

b) The civil law enforcement body receives a petition for immunity, reducing the execution of the execs of the execution.

The bill is free, reduced to direct or via post office to the body of civil law enforcement.

c) The civil law enforcement agency received a request for a petition filing for a waive, reducing the execution of the examination institute.

The Institute of Security requests that the case be set up for free, reduced when the base determines whether the execs must be eligible for a free trial, to reduce the execution of the execution, but the civil law enforcement agency does not file a case.

2. During the 10-day period, since the date of the specified base at Clause 1 This, the Executive Accept of verification to set up a motion for a free trial, reduce execution; for the specified case at Point 1 This Article, if the person must contest the execution. The law enforcement agency informed the execution of the sentence for a free trial, reduced the execution of the execs, and did not have to proceed with verification.

3. The verification of the execution of the execution of the execution, the execution of execution by regulations at Article 44 of the Civil Executions Law.

For the person who has to be executed on the execution of a prison sentence, the Executive Officer must confirm the trial as long as the detention facility, the detention facility, the detention facility, the Court of Public Security Service (later known as the detention facility) where the person must be executed. The court is running a prison sentence. The verification content is clarified in the process of accepting the prison penalty, committing the execution of one or the cases: large public; suffering from poor health; there is a property sent in the deposing department of the detention facility; the results of the collection, the deposit. state books due to the detention facility (if any). The administrator can directly verify at the detention facility or the civil law enforcement agency to submit a confirmation vote. The detention facility is responsible for testing, confirming the confirmation vote to move directly to the Executive or to submit a confirmation vote to the civilian law enforcement agency for a 10-day period, since the date of the receiving vote.

4. The case of verification by regulation at point b and Point 1 This Article, if the person who must execute the sentence is not eligible for exemption, decreases then in the 5-day period of work, since the date of the verified results, the civil law enforcement agency must inform by The document for the person to enforce the sentence has been given a petition for a waive, a reduction in the execution of the execution, or the Institute of Examination, which has requested for a petition for a free trial, to reduce the execution of the execs, stating that the reason is not eligible for free, down.

What? 6. Set up a free trial file, reduce execution exam

1. During the 5-day period of work, since the date of the verification results, if the person must execute the conduct of eligitherapy, reduce the execution of the execution, Accept the filing of a petition for a waive, reduce execution, report the Chief Minister of the Civil Court to transfer. The Institute of Police has the same level of law enforcement under the law. The dispatch of a file to the Institute of Examination is carried out in accordance with this Article 7 Article 7.

2. The examination to the examination of the examination Institute includes the prescribed documents at 2, 3 and 4 Articles 62 Civil court law; the text of the petition is waive, reducing the execution of execution of the Chief Minister of the Civil Court; the photograph decided to reduce the execution obligations. The case has been reduced by a portion of the execution obligations (if any).

For the application file, the decrease is set when there is a specified base at the point b 1 Article 5 This system is required to be accompanied by a free trial application, the reduction of the person to the execution of the execution.

3. The other document proves the condition is tried, reducing the execs of the person to execute the prescribed execution at paragraph 4 Article 62 Civil execution law is one of the following types of documents:

a) Certificate from the collection-cost of execution (if any);

b) The confirmation certificate of the facility of the disease, the treatment of the disease from the district level, to the case of the execution of an accident, a prolonged illness;

c) The confirmation paper of the Social People ' s Committee in the event of a person who must contest the damage to property due to natural disasters, fire or other adverse events;

d) The confirmation paper of the state agency has jurisdiction in the case of a major public execution execution;

The confirmation of the detention facility where the person must be executed is accepting a prison sentence for the information prescribed at Clause 3 Article 5 of this article;

e) The decision of the Chief Minister to execute the civil court on whether the execution of the execs has not been filed for the execution of the law at the Point of Section 1 Article 44a Law Enforcement of Civil Law;

g) The other proof document is related to the regulatory conditions, reducing the execution of the execution (if any).

What? 7. Check out the free review file, reduce execution exam

1. In the first week of each month, the civilian law enforcement agency has a responsibility to transfer the case of a waive, the execution of the law established last month for the Institute to inspect the same level of law by law.

2. In the 15-day period, since the date of receiving the file, the Institute of Examination is responsible for reviewing and retransferring the case to the civil law enforcement agency attached to the document stating the examination of the examination institute on the case of a free trial, decreased; for the case of a free trial, reduced regulations at the point of A 2 Article 8 This joint venture, if it is unanimous to the case, the Institute of the Examination Transfers to the Court with the Office of the Academy of Deputies for the examination of the motion, and the execution of the execution, and the notice to the body of the civil court. The case, if not unanimous, returns the case to the body of civil law enforcement.

The Institute of Examination has the right to ask for a civil law enforcement agency to explain the unknown points or to add the necessary paperwork. During the 3-day period of work, since the date received request, if the civil law enforcement agency does not explain or replenel the necessary papers, the Institute for the examination returns the case to the body of civil law enforcement.

What? 8. Procedulate for free review, trial reduction

1. For the review, the execution of the court of regulation at 1, 2 and 3 Articles 61 The Law Enforcement Act; for the remainder of the charges specified in Clause 4 Article 61 Civil executions, the unanimous opinion of the examination by the Institute of Police. level, the civil law enforcement agency recommended that the Court have jurisdiction in Clause 1 Article 63 civil execution law (later known as the Court of Jurisdiction) in order to reduce the execution of execution.

2. For the waive of the prescribed fines at Clause 4 Article 61 Civil execution law, which reduces the acceptance of the remaining fines on the juvenile under the provisions of the Penal Code, the procedure is recommended for free, reducing the implementation as follows:

a) The case of execution by the body of the civil court of the civil court of the district, the case of the case, the case of the resolution, the reduction of the body of the civil court, the head of the Institute for Civil Examination, and the Court with the authority to recommend the Court for free, down. The trial;

b) The case of execution by the body of the provincial civil court, the body of the enforcement of the organization of the Military District of the United States, and the degree of unanimous opinion of the Institute of Police, the body of the provincial civil court, the body of the law enforcement. The military district is transferred to the Institute of State for the Institute of Appeals and the Court with the authority to recommend the Court for a free trial, to reduce the execution of the courts.

3. File recommended for a Court of Inquisition, a reduction of the execution of execution by regulation at Article 62 of the Civil Action Law Enforcement and Article 6 of this joint.

What? 9. Free review, execution of execution

1. During the 5-day period of work, since the day of the filing of the filing of a waive, the execution of execution, the Chief Justice of the Court has the authority to judge, reduce the execution of a judge to serve a case, and resolve the trial, reducing the execution of execution. The assigned judge has the right to ask the Institute for Examination or the body of the civil court to explain the unknown points or the addition of necessary papers during the 5-day period of work, since the date of receiving the request. Too long, if the agency is asked not to explain or add the necessary papers, the judge returns the case to the recommended agency.

The case of the filing of a review of the exemption, reduced by the Court to return due to incomplete or execution of the wrong procedure, the National Institute for Examination or Body of the Civil Courts is responsible for fining the case, procedure, and recommended court review in the review, -The nearest one.

2. Host the session for free, reduce execution exam

The session is waivable, reducing the execution of the execution by regulation at paragraph 3 Article 63 of the Law Enforcement Act.

The judge presiding over the session waive, reducing the execution of the law to inform about the time, the location of the session waive, down to the Institute of the same level, the civilian law enforcement agency recommended for a waive, down.

3. Decision-free, the Court ' s execution of execution must have the following main content:

The day, the month, the year was determined;

b) The name of the Court made a decision;

c) They, the name of the Judge and represent the agencies to the session;

d) They, the name, residence, work, where the imprisonment of the prison sentence should be executed (if any) and the state of the state budget must be enforced;

The decision of the Court and its bases to accept the whole, accept part or not accept the nomination for a free trial, reduce the execution of the Court of Examination or the body of the civil court;

e) The decision to exempt the execution of a state budget, the amount of money exempt; the decision to reduce a portion of the state budget, the amount of money being reduced, the amount left to be enforced; the amount of money that delays the execution is exempt (if any).

4. Decide, the Court's execution has been enforced since the expiration of the expiration date of the Institute for Subordinate Examination on Article 1 of Article 64 of the civil law enforcement law that the Institute does not appeal to.

What? 10. Appeal of the Court ' s decision on immunity, reduced execution exam

1. Appeal of the Court ' s decision on the exemption, reducing the execution of execution by regulation at Article 64 of the Civil Executions Law.

The judge presiding over the Court 's decision to appeal the Court' s decision on waive, reduced the execution of the law on a notice of time, the site of the protest session for the Institute of the Examination of the same level and the civil law enforcement agency that set up the case for free, decreased in the case of the Court of Appeal that required the participation of the civil law enforcement agency.

2. At the protest session, the representative of the Chamber of Deputies presented the appeal of the appeal, the base of the appeal; there is the right to add the case, the document as the basis for the appeal; the statement of the examination of the Institute for the examination of the exemption, the execution of the execution. In the case of representatives of the civil law enforcement agency, they presented an opinion of the decision to appeal. On the basis of the filing review, the opinion of the representative of the Institute of Examination, the representative body of the civil court (if any), the presiding judge decides to resolve the appeal.

3. The decision to resolve the Court ' s appeal must have the following main content:

The day, the month, the year was determined;

b) They, the name, the residence, work, where the prison sentence is accepted (if any) of the person to enforce the execution and the payment of the state budget must be enforced;

c) The name of the Court tried, decreased and content decided for free, reduced the appeal;

d) the appeal content of the Institute of Examination;

The Court ' s decision has jurisdiction and grounds for the Court to decide;

e) The decision to hold, partially amend or cancel the entire Court ' s decision on the exemption, reduce the execution of execution.

What? 11. enforce the Court ' s decision on the exemption, trial reduction

1. The decision base has the effect of the Court on the dismissal of the execution, the body of the civil court to decide the decision to suspend the execution.

The case of the Court decided to reduce a portion of the law enforcement obligations, the civilian law enforcement agency continued to be enforced on the collection, paying the remaining state budget.

2. The case of the Court decided not to exempt, reduce the collection, file the state budget, the civil court enforcement agency is responsible for continuing to organize the prescribed execution.

Chapter III

EXECUTION CLAUSE

What? 12. The enforcement effect and the transition clause

1. This federated information has been in effect since 1 November 2015 and replaces the Digital Federal Information. 10 /2010/TTLT-BTP-BCA-VKSNDTC-TANDTC April 25, 2010 of the Ministry of Justice, Ministry of Finance, Ministry of Public Security, Supreme People 's Court, the Supreme People' s Examination Guidelines guidelines waive, reducing the sentence of execution over the state budget collection.

2. The court applied the regulation of this Federal Information to be waive, down to the filing of a waive, the execution of the execution court was taken by the Court by the time of this federation, which has been in effect without holding a trial session, in case of a reduction in the case. The application is beneficial to the judge, the execution of the execution.

KT. Minister of Justice.
Chief.

KT. MINISTER OF FINANCE
Chief.

(signed)

(signed)

Phan Chi Xiaowu

Cheung Chi

KT. The Supreme Court of the People.
Deputy Chief Justice.

KT. The Supreme People ' s Institute for the Supreme People
Vice Minister.

(signed)

(signed)

Get Rid Of Me

"The humble".