Circular 133/2014/tt-Btc: Guidance On Estimating, Executive And Finalizing Funding Pays Fostering Judicial Inspection Of The Body Conducting The Proceedings As Specified In Decision S

Original Language Title: Thông tư 137/2014/TT-BTC: Hướng dẫn về lập dự toán, chấp hành và quyết toán kinh phí chi trả tiền bồi dưỡng giám định tư pháp của các cơ quan tiến hành tố tụng theo quy định tại Quyết định s

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CIRCULAR instructions on estimating, Executive and finalizing funding pays fostering judicial inspection of the body conducting the proceedings as specified in decision No. 01/2014/QD-TTg dated January 1, 2014 by the Prime Minister on fostering mode of judicial examination _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the State budget pursuant to the law No. 15/2002/QH11 on December 16, 2002;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to decision No. 01/2014/QD-TTg dated January 1, 2014 by the Prime Minister on fostering mode of judicial examination;
According to the proposal of the Director General, Finance Administration career;
The Minister of Finance shall prescribe the estimating, Executive and settlement expense pays fostering judicial inspection of the body conducting the proceedings under the provisions of decision No 1/2014/QD-TTg dated January 1, 2014 by the Prime Minister on fostering mode of judicial examination.
Article 1. The object and scope of application 1. Scope: this circular guidance on estimating, Executive and finalizing funding pays fostering judicial inspection of the body conducting the proceedings as specified in decision No. 01/2014/QD-TTg dated 01/12/2014 of the Prime Minister on fostering mode of judicial examination (hereinafter referred to as the decision No. 01/2014/QD-TTg).
2. The object of this circular applies include: a) the beneficiaries of training mode of the judicial inspection as specified in article 1 of decision No. 01/2014/QĐ-TTg;
b) the body conducting the proceedings;
c) organizations and individuals concerned.
Article 2. The funds pay the judicial examiner training funds fostering judicial inspection by the agency conducting the proceedings pay in State budgeting annually delivered to the body conducting the proceedings as provided by law.
Article 3. Pays principle fostered expertise of Justice estimates state budget arranged to spend on fostering judicial inspection must be managed, using the correct purpose object properly, according to the standard, the current mode; not used to spend on other tasks of the Agency, the unit.
Article 4. The advance payment, the funds spent on fostering judicial inspection 1. Advance spent on fostering judicial inspection: a) for the advance spent on fostering judicial assessment of the Organization, individuals assess: – in case of need, after receipt of the decision on the assessment of the agency conducting the proceedings, organizations, individuals assess send advance proposal spent fostering judicial expertise to agencies advancing litigation examiner referendum Act. Records suggest the advance (01) include: + advance proposal Papers (1 original) contains the following: name, address, tax code of the Organization, the individual performing the assessment; the recommended level of advance; the time and method to make the advance.
+ A estimation of funding spent on fostering judicial inspection, there are clear presentation basis calculation (1 original).
-Based on the level of training of the judicial inspection prescribed in article 2, article 3, article 4 of decision No 1/2014/QĐ-TTg, within a maximum of 10 working days from the date of the application the proposal advance as a rule, the referendum made advance examiner spent fostering judicial expertise for the Organization individuals performing the assessment. Advance by level heads referendum examiner decided on the basis of proposals by the Organization, individuals perform inspections, but not lower than the minimum of 50% of the total amount expected to spend on fostering judicial expertise for the assessment of the Organization, the individual performing the assessment.
b) with respect to the advance spent on fostering judicial inspection for the investigator, Prosecutor, judge: the base level of the genus fostering judicial inspection prescribed in decision No. 01/2014/QĐ-TTg, the referendum decision examiner the advance spent fostering judicial inspection for investigators , the Prosecutor, the judge involved judicial assessment but not lower than the minimum of 50% of the total amount expected to spend on fostering judicial expertise for the evaluation of the investigator, the Procurator, the judge.
2. payment procedure fostering judicial inspection: a) for the payment of allowances to judicial expertise of the Organization, individuals assess: at the end of the assessment work, organizations, individuals make forensic file sent to the Agency on inspections to payment procedures (1 sets) , including:-payment proposal Paper fostering judicial inspection (1 original), which has the following basic content: the examiner Name, justice for the judicial examiner, time assessment, the total cost of upgrading the judicial inspection, the money was an advance, the balance to be paid and the method of payment.
-The documentation enclosed payment proposal paper: the text assigned to the implementation of the judicial inspection, the maid for the examiner; statements made by the examiner or by the case (model number 01, 02; 1 original).
Within a maximum of 15 working days from receipt of application to recommend payment of fostering judicial inspection as prescribed, the referendum examiner is responsible for checking records, pay the cost of the judicial inspection training for individual organisations assess.
Case amount spent on fostering judicial inspection has paid not enough spent fostering judicial inspection, the agency conducting the proceeding pay the missing part. The case of the advance exceeds the total cost of upgrading the judicial inspection organizations, individuals perform inspections are refunded the difference.
b) for the payment of the genus fostering judicial inspection for the investigator, Prosecutor, judge: within a maximum of 15 working days after the conclusion of the work of the judicial inspection, the agency pays inspection on fostering judicial inspection for the investigator, Procurator the judge, based on the texts assigned the judicial inspection, lists perform forensic work (model number 03; 7 original).
3. The number of the person making the assessment and evaluation of Justice time to follow the instructions of the Ministry, ministerial bodies on management of the judicial inspection field.
Article 5. Estimating and finalizing funding pays fostered the creation of judicial assessment, Executive and expenditure settlement made payment of fostering judicial inspection under the provisions of the law on the State budget, accounting Laws and the documents guiding the implementation of this law. This circular instruction more a specific number of points as follows: 1. Estimating: annual base pay situation, the cost of upgrading the judicial assessment of the previous year and current year estimated, require the examiner, the examiner training mode specified in decision No. 01/2014/QD-TTg dated 01/12/2014 of the Prime Minister; the Agency conducted the proceedings estimating the expense of fostering judicial assessment General synthesis on the budget estimates submitted the competent authority under the provisions of the law on the State budget and the writing guide law.
2. Allocation of the estimation: on the basis of the cost of performing the task of fostering judicial inspection was arranged in estimated annual budget, organs conducting proceedings when allocating State budget estimates for the unit directly under estimation must clearly define the number of funding for the task of training the judicial inspection by decision No. 01/2014/ QD-TTg on 01/01/2014 of the Prime Minister.
3. The settlement of funds spent on fostering judicial inspection performed in accordance with current legislation.
Article 6. Effect 1. This circular has effect from the date of 15/11/2014.
2. Removal of content related to the funds paid out, estimating, management and settlement money fostering judicial inspection specified in circular No. 09/2010 calendar/TTLT-BTP-BTC-BNV on 04/05/2010 of the Ministry of Justice, Ministry of finance, the Ministry of Interior Guideline No. 74/decision 2009/QD-TTg dated 07/05/2009 of the Prime rules of the regime fostering judicial inspection.
3. In the process of implementing, if there are difficulties, obstacles and suggest the agency unit, reflecting on the Finance Ministry to study, modify and supplemented accordingly./.