Circular 9/2014/ttlt-Btp-Tandtc-Vksndtc-Btc: The Guide Piloted The Designated Bailiff Mechanism Under Resolution No. 36/2012/qh13 On 23/11/2012 Congress

Original Language Title: Thông tư liên tịch 09/2014/TTLT-BTP-TANDTC-VKSNDTC-BTC: Hướng dẫn thực hiện thí điểm chế định Thừa phát lại theo Nghị quyết số 36/2012/QH13 ngày 23/11/2012 của Quốc hội

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THE FRANCO-PRUSSIAN JUSTICE DEPARTMENT OF THE SUPREME COURT OF THE PEOPLE ' S SUPREME COURT OF FINANCE
Number: 09 /2014/TTLT-BTP-TANDTC-VKSNDTC-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 28, 2014

FEDERAL INFORMATION

The instructions for implementing the decision to be reissued by Resolution

number 36 /2012/QH13 November 23, 2012 of the National Assembly

_____________________

The base of the law enforcement of the people;

The Law of the Executive Committee rules the law.

The Law of the People's Court.

The Human Rights Watch.

Base of Resolution. 36 /2012/QH13 November 23, 2012 of the National Assembly on the continuing implementation of the Hereditary Regime;

Base of Protocol 61 /2009/NĐ-CP July 24, 2009 by the Government of the Organization and Operations of the Inheritance Implementation at Ho Chi Minh City;

Base of Protocol 135 /2013/ND-CP October 18, 2013 by the Government amended, the addition of the name and some of the provisions of the Protocol 61 /2009/NĐ-CP July 24, 2009 by the Government of the Organization and Operations of the Inheritance Implementation at Ho Chi Minh City;

Base of Protocol 60 /2003/ND-CP June 6, 2003 by the Government Regulation and guidelines for the implementation of the State Budget Law;

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 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Finance;

The Minister of Justice, Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People ' s Institute, the Minister of Finance issued the Hereditary Guidelines of the Hereditary Regime in accordance with the Digital Resolution. 36 /2012/QH13 November 23, 2012.

CHAPTER I

COMMON RULES

What? 1. The adjustment range

This information is directed towards the procedure, the cost of carrying out the return work; the Office of the Hereditary Office; the inspection, inspection, inspection of the inheritance of the provinces in the provinces, the central city of the Central District (later abbreviated as provincial level). Do you understand?

What? 2. Subject applies

This link is applied to:

1. Admit, the Office of Inheritance;

2. People ' s Court, the Civil Tribunal for the implementation of the Hereditary Regime;

3. The agencies, organizations, individuals are involved in the implementation of the Hereditary Regime.

CHAPTER II

THE PROCEDURE FOR THE RETURN OF THE WORK

Item 1

GET RID OF THE TEXT

What? 3. Hereditary Texts are blackmailed.

The office reissued the agreement to blackmail the Court 's text (except the Supreme People' s Court of Appeal), the Civil Service Enforcement Enforcement Agency on the provincial table where the Office of the Hereditary Inheritance, including: Papers, summons, invitations, decisions. The trial, the verdict, is decided in the case of the court's absence; decisions on the execution of the courts, the papers, the papers, the National Court of Inquisition.

In the case of necessity, the Court, the Civil Courts Enforcement Agency may be able to make a deal with the Office of the Hereditary Inheritance to blackmail other types of texts, papers.

What? 4. Sign of an escort service.

The signing of a written escort service between the Court or the Civil Courts Enforcement Agency with the Office of Inheritance was implemented as follows:

1. The Court, the Civil Service Enforcement Agency contracted the principle of delivery of the text types to the Office of the Hereditary Inheritance. On the basis of a contract, quantity, and individual type of text, the return delivery is made through the confirmation register of 2 parties.

In addition to the location of the provincial office where the Office of the Hereditary Remit is located, the Court, the Civil Courts Enforcement Agency may be able to make a deal with the Office of Inheritance by a separate contract for each particular incident.

2. A civil law enforcement agency is signed only by a Foreign Office.

On the basis of the local reality of the situation, the Chief Justice of the Provincial People's Court decided that each court on the table may sign one or more of the Office of Inheritance.

A reissued Office has the right to sign an escort with multiple civil court bodies or multiple Courts on the provincial reservation where the Office of the Hereditary Inheritance is located.

The Chief Justice of the Provincial People's Court, the Bureau of Civil Affairs Bureau of Civil Affairs coordinated with the Director of the Unified Justice Department of the county so that the Office of Hereditary Offices signed a contract with the Courts, the Civil Courts Enforcement Agency, on the site.

3. The contract for the extortion service consists of the following main content: The categories of text required; the kind of work required; the time of contract execution; the extortion procedure; the rights, the obligations of the parties; the extortion cost.

4. The Court, the Civil Courts Enforcement Administration transfers all the written agreements and the Office of the Hereditary Inheritance is not rejected when required to blackmail.

5. The Tribunal, the Civil Courts Enforcement Agency, is responsible for sending 01 a contract for the extortion service with the Office of the Inheritance to the State Treasury where the account is opened immediately after the signing.

What? 5. Text Protocol

The recognition of the blackmail texts between the Court, the Civil Courts Enforcement Agency with the Office of Hereditary Remit is made daily, except for another agreement, but still must ensure the statute of limitations under the law of proceedings. The law of civil law enforcement and it is written in the form of a document issued with this message.

What? 6. Escort.

1. The procedure for the procedure of civil execution is carried out by the rule of law on civil law enforcement; the proceedings of the Court of the Court executed as prescribed by the law of proceedings.

2. The extortion is carried out by the symbol of the Court or the template issued with this message.

The extortion is considered to be completed when the Inheritance has taken the procedure under the rule of law, including the implementation of a public listing in the event of a direct unitemable case that, under the rule of law proceedings and law, The law of civil executions must be publicly listed.

Item 2

MICROSTANCE

What? 7. The legal value of vi

It is the basis for the Court to review the case and be the basis for the implementation of legal transactions under the law.

In the evaluation process, consider the evidence value of the micros, if it is needed, the Court, the People's Examination Institute, can summon the reinvention to clarify the authenticity of the virus.

What? 8. Fix microtechnical error

1. In the case of a technical error while writing, machine-marking, printing of a degree in which the repair does not affect the authenticity of the differential, the Hereditary Inheritance has the responsibility to correct it. The correct technical correction of the differential must be done in writing, due to the remit of the remit, the sign and seal of the Office of the Hereditary Inheritance.

In the case of a degree that has been assigned to the requested and registered in the Department of Justice, the Hereditary Inheritance must be notified by the writing of the technical error correction for the requested person and the Department of Justice. The Department of Justice must have a written notice of acceptance or not acceptance of the amendment, the addition of the Inheritance and the requested person.

2. Vif from two pages or more, each page must be numbered and sealed.

Section 3

VERIFY THE EXECUTION OF EXECUTION AND END OF EXECUTION

What? 9. Verify conditional execution conditions

1. The execs of the execution, who must contest the execution, who has the right, the obligation concerning the execution of the execution in the case of the execution of the civil court of the civil court on the provincial table where the Office of the Hereditary Inheritance may be found. The right to make a deal with the Office of Inheritance to verify the conditions of the execution.

When the agreement with the Foreign Office reissued on the verification of the execution of the execs, the execution must provide the sentence, the decision of the Court and other documents related (if any); the person with the rights, the obligation concerning the law. The execution of the court must provide the proof of the right to the law, which is directly relevant to the execution of the execution.

2. The agreement on verification of the execution of execution between the request and the Hereditary Office is signed in the form of a service contract.

During the 3-day period of work, since the date of the signing of the contract, the Chief Office of the Foreign Office again has to make a decision to verify the conditions of the execution, unless the parties have other agreements. The decision to verify the conditions of the execution must be submitted to the District People's Health Control Institute where the Office of the Hereditary Inheritance and the Civil Tribunal for the Court of Civil Affairs have jurisdiction over the provisions of the Law Enforcement Act.

What? 10. End of execution

1. The case of the person requesting that the Office of the Hereditary Inheritance will not continue the execution or the inheritance of the execs that the execution of the execs outside of the provincial table where the Office of the Hereditary Inheritance is located, and the following:

a) The sides together liquorate the contract;

b) The Chief Office of the Hereditary Office makes decisions or offers the authority to have the authority to make a decision to revoir decisions, announcements, documents of the execution of the execution;

c) Other issues arise under the regulation of the law on civil law enforcement.

2. Regulation at paragraph 1 This is not applicable to the case of the person requesting that the Office of the Hereditary Inheritance end the execution of the law which affects the legal rights and interests of the third person.

3. During the process of liquing the contract and solving the problems arise, if there is a dispute, the parties ask the Court to settle in accordance with the rule of law.

Section 4

THE OFFICE ' S CAREER MODEL IS REISSUED.

What? 11. Admitted Office of the Office of Inheritance

1. Board 113 of the Office of the Hereditary Office attached to this message, including:

a) The ledoners of the case;

b) The contract samples perform work;

c) The decision patterns of the execution of the civil court;

d) Paper papers, summons, notifications, redaction patterns, single samples in the civil court exam.

2. The Court, the Civil Service Enforcement Administration monitors the activities of the body concerned with the inheritance. The planning and use of the tracking book is taken from the jurisdiction of the Court's active funding, the Civil Courts Enforcement Agency pursuits to the rule of law.

CHAPTER III

THE COST OF CARRYING OUT THE RETURN JOB

What? 12. The subject is subject to extortion expense

The state budget pays the cost of extortion to the case of the law enforcement of the Court, the Civil Service Enforcement Agency, except for the legal case of litigation and law enforcement the civil law enforcement, which is subject to the cost of extortion, the cost of notification.

What? 13.

The People ' s Court, the Civil Service Enforcement Administration in coordination with the Department of Justice, the Provincial Finance Department where the Office of Inheritance Refunds the Agreement with Hereditary Offices to unify, decide specifically how the extortion costs apply to each district, the district above. The venue is based on the actual situation in its locality; at the same time, sending the State Treasury in the opening of the account of the units that paid the cost of the extortion costs on the site to determine the cost of the extortion costs according to the following levels:

1. Within the district level where the Office of the Inheritance Office is not more than 65,000 copper/jobs (including the value added tax).

2. In addition to the district-level range where the Office of Admit is located but in the provincial table there are no more than 130,000 copper/jobs (including the valuing tax).

3. The Case of Extortion in addition to the provincial office where the Office of Inheritance is located, the Court, the Civil Court of Justice agreements with the Office of the Hereditary Inheritance, consists of:

a) The cost of the actual birth but does not exceed the cost of charge by the rule of law applicable to the state agencies and the public career unit;

b) Pre-day employment of the person performing the extortion but does not exceed the minimum wage for labourers working at the state agency and the public career unit.

4. Cost of regulation stipulated at this includes the implementation of public listing in the event of an unamable direct order, but by the rule of law proceedings and the civil court execution of public listing.

5. The level of the amount of extortion is specified at this only applicable to the contracts made since the date of this federation is effective.

What? 14. Purgable expense payment

1. The payment of the extortion costs is made monthly.

The Hereditary Office is responsible for the operation and delivery of the service to the Court, the Civil Courts Enforcement Agency. During the five-day period of work, since the date of receipt of the invoice, the above bodies have the responsibility to complete the procedure, the payment profile by the transfer form of the State Treasury to the opening of the account to control the payment of the extortion costs to the Office of Inheritance. Come on.

2. In the event of an unprecedented amount of money at the time of the prescribed payment at the expense of this Article, the Civil Action Enforcement Agency prepaid the funds to pay for the Office of the Hereditary Inheritance from the issued budget. the right to hand over the rule of law on state budgets. The civil law enforcement agency has the responsibility of the governor who revoked the amount of extortion that he had to submit to reimbursate the state budget.

3. In the case of the civil court of law enforcement, if the case was commissioned, the Civil Court Enforcement Administration transferred the text to the Hereditary Inheritance to pay the cost of the extortion cost. At the expense of the cost of the extortion process, the Civil Service Enforcement Agency must have the document to recommend a civil law enforcement agency where the trust revoked the cost of the incumbent.

4. The State Treasury controls payment of extortion costs according to the state ' s current regulation at the Digital Notice. 161 /2012/TT-BTC October 2, 2012 of the Ministry of Finance on the regulation of the control regime, payment of state budget expenditures through the State Treasury.

What? 15.

Every year, based on the workload of the previous year, the cost of regulation at Article 13 of this Notice and the work is expected to perform for five plans, the Court and the Civil Action Enforcement Agency where the pilot implement the extortion bill to sum up. In general, the budget bill of your agency sends the agency on the basis of the law of the state budget, which separates itself in two parts:

1. The extortion business in the case of state budgets pay.

2. The transfer fee in the event of the incumbent must be paid.

What? 16. Cost of a degree and verification of execution of execution

1. The Office of the Hereditary Remit and publicly listed the price frame on the cost of a degree and verification of the execution of the execution, which determines the maximum, minimum, principle.

On the basis of the listed price bracket, the requested and the Office of the Inheritance Return agreement on the cost of performing at work or by work hours and the actual costs arise: the cost of travel; the service fee for the agencies to provide information; costs for witnesses, participants, or other expenses, if any.

2. In the case of the Hereditary Office the execution of the execs that must proceed with verification, the cost of verification by the Inheritance and the person requesting the agreement in accordance with Article 1 of this Article is calculated at the expense of the civil court execution law. Article 17 of this.

What? 17. Civil execution costs

1. For the direct execution of the execs, the Office of the Hereditary Inheritance is to be collected at the expense of civil law enforcement fees under the law of civil law enforcement.

For complex incidents, the Office of Inheritance was able to make an agreement with the incumbent on the cost of the work.

2. The case is exempt, reducing the cost of forced execution by law enforcement of the civil court exam, who must contest the sentence with a petition to send the Hereditary Office attached to the proof document. For a period of no more than 10 days, since the date of the application and document of the incumbent, the Chief Office of the Department of Foreign Affairs re-issued a filing proposal for the Bureau of Civil Service, where the Office of the Hereditary Office was reviewed, decided. The Director of the Bureau of Civil Affairs review, the decision to waive, reduce and implement the amount of money paid for granted, reduced to the Office of Inheritance within 10 days, since the date received, and the total amount of funds must be made to offer. The Ministry of Justice is complementary.

If the offer is free, the decline is rejected, the Chief of the Office of the Foreign Office must respond in writing to the incumbent and specify the reason.

CHAPTER IV

OFFICE RESENT.

What? 18. Admit Office Activity Mode

1. Inhereditary office is the practice organization of the Hereditary Inheritance, organized and operated by the type of enterprise, carrying out public services, not for profit purposes.

2. The Foreign Office reissued due to a re-established remit that is organized and operates in the type of private enterprise.

The Inheritance office from the two reunions became established and operated under the name of the company of the company.

3. The financial regime of the Hereditary Office is implemented according to the financial regime of the respective enterprise type according to the regulation of the business law.

What? 19. Card, Adu's costume

1. The return of the remit card and the restoration of the reissued dress provided by the Minister of Justice.

2. Cost of the Inheritance Card issued by the state budget guarantees from the Ministry of Justice ' s annual permanent funding.

The restored office was responsible for ensuring the restoration of the restoration works in the Office of the Office from the funding of the office.

What? 20. The dissolution, termination of the Office of Inheritance

The dissolution, ending the operation of the Hereditary Office, carried out the provisions of the law on the business, the digital decree. 61 /2009/NĐ-CP July 24, 2009 by the Government, United States decree 135 /2013/ND-CP October 18, 2013 of the Government and in case of the case, the Office of Inheritance must do the following work:

1. The case of self-dissolution, the Hereditary Office must have a solution to the dissolution of the Department of Justice where the Office of Inheritance is located. On the basis of the consent of the Department of Justice, the following procedures are conducted:

a) to complete the registration of the set of the which was established;

b) Purchasing contracts by law;

c) Processing of the execution of execution by law.

2. The case of the Chairman of the Provincial People ' s Committee decided to suspend the operation of the Hereditary Office, then in the 30-day period, since the date of the decision was decided, the Office of the Hereditary Inheritance must carry out the contents of this one Article.

3. The Director of the Department of Justice is responsible for helping the Provincial People ' s Committee on the watch, the governor performs the work as the Office of Inheritance rediscovered the dissolution, ending the operation.

CHAPTER V.

CHECK IT OUT, CHECK IT OUT, CHECK IT OUT.

What? 21. The scope, the authority to examine the operation of the remit

The District People's Office where the Office of Hereditary Remit has jurisdiction:

1. Check out the Inheritance Compliance Law in the screening of documents by the provisions of the Law Organization of the People's Examination Law, the law on the law enforcement and the law of proceedings.

2. Check out the Inheritance Compliance Law in the enforcement of the law under the Law of the Organization of the People's Examination Law and the law for civil executions.

What? 22. Rights of appeals, petitions, requests by the People ' s Control Institute

1. The district-level People's Institute where the Hereditary Office is entitled to the decision to appeal the decision, the law of the Chief of the Office of the Hereditary Chamber, Hereditary in a 15-day period, since the date of the decision or discovery of the breach. The Chief Office of the Foreign Office is responsible for responding to the appeal and the implementation of the appeal content for a 20-day period, since the date received the appeal.

In the absence of an appeal, the Head of Foreign Office has the right to petition the Department of Civil Affairs of the Civil Service to the provincial civil court where the Office of the Hereditary Office is reviewed by the time of the 5 working days, since the date received the appeal. The petition text was sent at the same time to the People's Control Institute for the appeal and the direct People's Audit Institute directly from the People's Control Institute. The Secretary of the Bureau of Civil Affairs has a responsibility to respond in a 30-day period, since the date received the petition; the official text of the Director of the Bureau of Civil Affairs is effective. The text answered the petition sent at the same time to the Institute for People's Control and the People's Control Institute.

The case saw the text responding to an unsubstantiated appeal, and the Supreme People's Office of the Supreme People's Office recommended that the Minister of Justice review the report's response to the Civil Service.

2. The implementation of the petitions and requirements of the Institute of People's Inspects in the Inheritance Inspection of the Inheritance Act is carried out under the provisions of the Law of the Organization of the People's Control, the law of litigation and the law of civil executions.

What? 23. Check it out. Admit the operation.

1. The Department of Justice has the responsibility of presiding, in coordination with the departments, departments, departments, agencies, organizations that are concerned with the Committee of the Provincial People's Provincial Committee on the implementation of the organizational and operational examination of the Hereditary Offices on the site.

Within the scope of the mission, the powers of the state, the authorities of the state have the authority to examine the organisation and operation of the Office of the Hereditary Inheritance under the rule of law.

2. The inspection of the organization and operation of the Hereditary Office is carried out in accordance with the rule of law on the inspection.

CHAPTER VI

THE ORGANIZATION.

What? 24. Organization to execute

1. A six-month term and a sudden, the President of the Civil Service of the Ministry of Justice, the functional units of the Supreme People 's Court, the Supreme People' s Inspection Institute, the Treasury Department that evaluated the implementation of the provisions of this privacy, in time. legal treatment, resolution or reporting, recommendations to the interdisciplinary leadership, the Committee to implement the pilot of the Inheritance Process, resolve.

2. A three-month period and a sudden, the Department of Justice, the People's Court, the Civil Service Enforcement Administration, the People's Homicide Institute, the Provincial Finance Department where the pilot must exchange, the organization evaluated the implementation of the provisions of this privacy, in time to take measures. handle, address or report, recommendations to the Leader of the Union, the Committee to implement the Inheritance Implementation at the local processing, settlement.

3. In the course of execution, if there are organs, organizations, individuals who are involved in time to report a competent authority to take a resolution.

What? 25.

1. This federated message came into effect on 20 April 2014.

2. This information replaces the following:

a) Digital federated 12 /2010/TTLT-BTP-BTC-TANDTC June 24, 2010 by the Justice Department, the Supreme People ' s Court, the Ministry of Finance instructs some of the provisions of the decree. 61 /2009/NĐ-CP July 24, 2009 by the Government of the Organization and Operations of the Inheritance Implementation at Ho Chi Minh City;

b) Digital federated 13 /2010/TTLT-BTP-TANDTC-VKSNDTC July 7, 2010 by the Ministry of Justice, the Supreme People 's Court, the Supreme People' s Institute for the Supreme People 's Guide to perform some of the Inheritance' s work on a pilot in Ho Chi Minh City;

c) 03 /2009/TT-BTP September 30, 2009 of the Ministry of Justice guided the implementation of several provisions of the Digital Protocol. 61 /2009/NĐ-CP July 24, 2009 Government of the organization and operation of the Inheritance Act performs a pilot in Ho Chi Minh City.

3. For the Hereditary Office work that has been resolved, but by this time the President has been in effect, and has not yet been done on the provisions of this Smart ./.

KT. Minister of Justice.
Chief.

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

(signed)

(signed)

Central Ding.

Nguyen Son

KT. MINISTER OF FINANCE
Chief.

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

(signed)

(signed)

Cheung Chi

Nguyen Hai Phong