Circular No. 215/2012/tt-Btc: The Guide Made Some Content About My Treatment, Management Exhibits, Media Confiscating Additional State Funds Due To Administrative Violations

Original Language Title: Thông tư 215/2012/TT-BTC: Hướng dẫn thực hiện một số nội dung về quản l‎ý, xử l‎ý tang vật, phương tiện tịch thu sung quỹ nhà nước do vi phạm hành chính

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FINANCE MINISTRY
Number: 215 /2012/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 10, 2012

IT ' S SMART

Instructions to perform some management content,

processing of the funeral, the state of the state fund collection

of the administrative breach

_____________

The French Base for Administrative Infringement in 2002 and the Ordination of the Ordinal Order, supplemated some of the provisions of the 2008 Executive Order.

Base of Protocol 128 /2008/NĐ-CP December 16, 2008 by the Government of the Government Regulation details of certain provisions of the Executive Order of the Administrative Disposal Ordinance in 2002 and the Ordination of the Amendment, the addition of some of the provisions of the Executive Order of the Administrative Disposal Ordinance in 2008;

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 52 /2009/NĐ-CP June 3, 2009 of the Government Regulation and guidelines enforce certain provisions of the Law of Management, using state property;

Base of Protocol 17 /2010/NĐ-CP March 4, 2010 the Government on the sale of property prices;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Finance;

At the suggestion of the Bureau of Public Administration;

The Minister of Finance issued a guide to conduct some content on management, handling of the burial, the means of confiscation of state funds due to the administrative breach.

What? 1. The adjustment range

1. This information guides the implementation of a number of management content, funeral processing, state fund collection methods due to the administrative breach, including: determining the value of the burial, the administrative violation of the administrative breach; handling certain types of mourning, Administrative violation was confiscated by the state fund; the funeral protection, the administrative violation of the state funds seized; determines the starting price for auction; the cost of handling the funeral, the administrative violation of the confiscated administrative system. State funds and the state of the state of the state of mourning, the means of confiscation of state funds due to the administrative breach.

2. Other content on management, funeral processing, and administrative violation of the unguided state funds in this Private Act are implemented by the law of the relevant law.

What? 2. Identilocate the burial value, the administrative violation vehicle is suspended.

1. After the conduct of the funeral detention, the administrative violation vehicle, who has a trial authority responsible for the valuation of the mourning, the prescribed vehicle at paragraph 2 Article 34 of the number. 128 /2008/NĐ-CP December 16, 2008, of the Government of the Government of the Government of the Government of the United States, on December 16, 2008, details of the implementation of the Executive Order of the Administrative Disposal Ordinance in 2002 and the Ordination of the Ordination, the addition of some of the provisions of the Executive Order of the Administrative breach in 2008 (the following: 128 /2008/NĐ-CP ) To serve as a base for the determination of the penalty bracket, the jurisdiction over the administrative breach and the responsibility for that valuation. The case of a court of mourning, complex pricing vehicle, who had the authority to sanctiate the proposed local financial organ, to determine the value of the burial, the means of violation in cases of applying the bases in paragraph 2 Article 34. Number 128 /2008/NĐ-CP.

2. The case does not apply to regulatory bases at paragraph 2 Article 34 Digital Protocol 128 /2008/NĐ-CP to be valued at the cost of the funeral, the means of which you have the authority to punish the establishment of the Property Price Council for valuation.

3. Component of the Specified Asset Pricing Council at paragraph 2 This is stipulated as follows:

a) For the funeral, the means of administrative violation by the authority of the authority of the central authority and the provincial authority issue a temporary decision to hold:

The chief of the officers of the council shall be appointed to the President of the assembly.

-Representative of the Finance Department-Vice President of the Council;

-The specialized department of the body of the authority of the authority to make a decision to hold-Member;

-Representative Center for the sale of property prices in the case of a rule of law-Member;

-Representative of the technical expertise (if necessary)-Members.

b) For the burial, the administrative violation by the competent authorities of the district authority and the township level decision-making:

The chief of the officers of the council shall be appointed to the President of the assembly.

-Representative of the Financial Planning Office-Vice President of the Council;

-The specialized department representative of the body of the person with the authority to make a temporary decision (if any)-Members;

-Representative of the technical expertise (if necessary)-Members.

4. The work principle of the Property valuation Council is implemented as stipulated at Article 8 Digital Information. 137 /2010/TT-BTC September 15, 2010 of the Ministry of Finance rules the determining price of the starting price of the auction state property and the financial regime of the Asset auction Board (later called the No. 137 /2010/TT-BTC).

5. The valuation of the burial, the means by the specified means, must be established as a Form Number 01 issued by this message. The price and total asset value specified at the Valuation Margin are used to:

a) As a base for the determination of the penalty frame, the authority to punish the administrative breach;

b) Transfer to the agencies, organizations, management units, use;

c) Transfer to the Asset Auction Service Centre, the Board of Auctireaucing the district to sell the auction.

What? 3. Processing some types of mourning, the administrative violation of state funds seized by the state fund.

In the 10-day period, since the date of the decision to confiscate the funeral, the administrative violation, the body of the decision-making decision (or the authority to have the authority to seize the confiscation decision) presided over, in coordination with the financial and agency authorities. related to the organization of the funeral, the means of violation by regulation at paragraph 2 Article 35 Decree. 128 /2008/NĐ-CP . The specific processing of some types of mourning, the medium as follows:

1. For the administrative offence of Vietnam, foreign currency, price certificate, gold gold, precious metals, precious stones were determined to confiscate the transfer of the State Treasury by a stipulation at a paragraph 2 of Article 35 of the number. 128 /2008/NĐ-CP, Based on documents, documents, and related testimonies from the agency of the decision to confiscate the transfer, the Finance Department presided over, in coordination with the State Treasury to perform the processing as follows:

a) For the burial of Vietnam money, the State Treasury does filing a state budget by the rule of law on the state budget;

b) For the death of a foreign currency, the State Treasury makes a centralized foreign exchange (in a bad way); at the same time the exchange of Vietnam money at a rate issued by the State Bank of Vietnam at the time of the accounting to record state budgets by statute. The law of the state budget;

c) For the burial of silver gold, precious stones, precious metals (not artifacts, antiquities, and national conservation), the certificate of price is transferred to the Centre for the sale of the property auction service (for the burial of the authorities under the authority of the authorities). Central and provincial decision-making), the Board of Aucing the district assets (for a person's administrative breach of the authority of the district authority and the state-level decision-making) to organize the auction in accordance with the rule of law. on the sale of property prices. The proceeds are from the auction sale, after subtracing the expenses prescribed at Article 7 of the Digital. 12 /2010/TT-BTC On January 20, 2010, the Ministry of Finance directed the handling of the administrative breach of the administrative breach as goods, items that were easily damaged and managed to obtain the proceeds from the baggage handling, the means of confiscation of the state fund due to the administrative breach (the following is called the Information Information). number 12 /2010/TT-BTC ) And this Article 6, which is filed into the state budget and the accounting of Section 4300-Autumn, the corresponding subsection of the current state budget.

For silver gold, precious stones, precious metals are relics, antiquities, antiquities, and national conservation at a point b of paragraph 2 Article 35 of the numerical decree 128 /2008/NĐ-CP.

2. For the funeral, the vehicle can be transferred to the agencies, organizations, units of the State of Management, use of: transport, machinery, equipment, and work vehicles, after receiving a decision to seize due to the agency ' s agency. who has the authority to issue a deposit, the presiding finance department, coordination with the body of the decision-maker to seize the base to the standard, the valuation of assets and the need to use the assets of the agency, the organization, the unit, the competent authorities. regulation at Articles 8, 9, and 10 Rules of Management, the use of state property decides to run for the agency, organization, unit management, use. The base decides on the transfer of the competent authority, the body that decides to confiscate the presiding officer, in coordination with the financial body that performs the property for the agency, the organization, the given unit stipulated at the point of point 2 Article 35 of the number. 128 /2008/NĐ-CP.

The organization of the table, which receives the property, determines the value of the asset (in the case when the sanctions have not yet determined the asset value), the accounting of increased assets and handles the expenses that arise during the prescribed execution process at the site. The Ministry of Finance ' s 43 TC/ICCS on 31 July 1996 of the Ministry of Finance directed the reception and the exchange of assets between career administrative agencies, economic organization under the decision of the competent authority and the Digital Information Agency. 122 /2007/TT-BTC October 18, 2007 of the Ministry of Finance amended, complements some of the 43 TC/ICCS.

3. For the funeral, the confiscated vehicle transferred to auction without sale by regulation at the point of E 2 Article 35 No. 5. 128 /2008/NĐ-CP And that ' s a Article 49 of the number. 17 /2010/NĐ-CP The Government's April 4, 2010 on the sale of the property price auction; for a 10-day period, since the announcement of the announcement by the Asset Auction Service Centre or the Board of the District Assets Auction, the decision of the decision to confiscate the assembly. I mean, the asset's liquing to do the liquoration.

a) The composition of the Board of Talent consists of:

-Head of the agency of the decision to confiscate (or the authorities to have the authority to seize the confiscation decision)-Chairman of the Council;

-The chief financial officer of the same rank-Vice President of the Council;

-The specialized department representative of the body of the person who has made the decision to confiscate (or the authorities have the authority to seize the confiscation decision)-Members;

-Agency representative, the relevant unit-the Council Member.

b) The asset liquoration council is responsible for the classification of the burial, the administrative violation required to be made in accordance with one of the following two forms:

-Sell directly to the organization, the individual has the need to buy;

-Demolition, aborts for the burial, the administrative violation cannot continue to be used and cannot be sold.

c) Asset liquation:

-For the direct form of sale to the organization, the individual has the need to purchase implementation by regulation at paragraph 2 Article 29 Digital Protocol 52 /2009/NĐ-CP June 3, 2009 of the Government rules the details and guidelines for certain provisions of the Management Law, using state assets and the Ministry of Finance of the Ministry of Finance directed to implement this Protocol;

-For the demolition form, the cancellation is done by regulation at Article 30 Digital Protocol. 52 /2009/NĐ-CP June 3, 2009 of the Government rules the details and guidelines for some of the provisions of the Management Law, using the state assets and the Ministry of Finance of the Finance Ministry to implement this Protocol.

d) The costs associated with the liquing of the property include:

-The reasonable cost, the validity of the Asset Auction Service Centre or the district-level Asset auction Board has spent the non-defined price auctipts at No. 1. 137 /2010/TT-BTC but the maximum level does not exceed the level of the stock in terms of 3 Article 1. 139 /2011/TT-BTC October 10, 2011 by the Ministry of Finance amended, the Digital Information plugin 12 /2010/TT-BTC;

-The cost of the asset liquoration Council to perform the asset liquation made in accordance with the instructions at 2 Article 6 of this.

What? 4. Funeral preservation, the administrative violation of state funds seized by the state fund

1. The agency of the person who has decided to confiscate (or the agency with the authority to seize the confiscation decision) is responsible for preserving the entire funeral, the means from the decision to hold or confiscate until the transfer of the funeral, the vehicle. for the agency to take over the process of handling the authority approved by the authority.

For the burial, the means must be transferred to the Asset auction service Centre or the Board of Aucing of the district assets to sell the auction, the base to the specific condition, the preservation of the burial, the vehicle is done as follows:

a) The case of the seizure of the decision to confiscate or the financial institution has been granted jurisdiction of the funds to build the warehouse, the burial grounds, the vehicle, the body, the decision to confiscate or the financial institution responsible for the preservation of the burial, The facilities at the warehouse, the parking lot, until the property is delivered to the person who hits the auction or the completion of the liquoration, the vehicle. The agency is responsible for the preservation of the funeral, which is responsible for coordinating with the auction organization that performs relevant work in the process of sale of property prices;

b) The case of the organ decision-making decision or the financial institution without a warehouse, the burial grounds, the vehicle, the unit, the unit assigned to the sale of the auction is responsible for receiving the burial, the means to preserve until the funeral table. animal, the means for the man to hit the auction.

2. Cost of storage, the cost of the preservation of the burial, the means and other expenses associated with the preservation of the burial, the vehicle is charged at the cost of the handling of the burial, the means of the administrative violation.

3. During the preservation of the funeral, the method of confiscation, the agency tasked with carrying out protection, maintenance to avoid degradation, damage, loss of a funeral, vehicle.

What? 5. Define the starting price for auction

1. The value and value of the funeral, the means must be transferred to sell the valuation in accordance with the guidelines at Article 2 This is used to make the starting price to sell the auction.

2. In the following cases the Council must be established to determine or redefine the starting price:

a) Tang animal, administrative violation when transferred to auction of undetermined auction;

b) The time of the scheduled sale of the auction is more than 60 days, since the date of the date of the date of the valuation of the burial, the administrative violation of the Administrative Section of the specified valuation at Article 2 of this Information;

c) The burial value, the vehicle has been identified at the Differential Pricing (higher or lower) Valuation Margin) from 10% or more to the price of the item in the same category according to the Financial Department's price notification at the time of the transfer to auction.

3. The principle of work, the financial regime of the Council determines the starting price to sell the auction; the principle, method, and sequence that determines the starting price to sell the auction is made under the direction of the Finance Ministry at Digital Information. 137 /2010/TT-BTC.

What? 6. Funeral processing costs, the administrative violation of state funds seized by the state fund.

The management, using the expenses associated with the trial processing, the administrative violation of the state funds seized by the state of the state was implemented in accordance with the provisions of the state. 12 /2010/TT-BTC, Digital 139 /2011/TT-BTC, Digital 137 /2010/TT-BTC of the Ministry of Finance and the provisions of the relevant law. Some of the content is done as follows:

1. For the cost of a professional auction organization to bid for the auction of the auction session included: the fostering for a maximum bid of $300,000 was $300,000-a-auction and travel expenses, which were based on the applicable payment mode. for the state agency, the public career unit. These expenses are represented in the contract between the Board of the District Asset Auction and the professional auction organization.

2. For the cost of the burial liquorship, the administrative violation is confiscated: Chairman of the Council of Consideration review, decide on the basis of the financial regime of the Board of Sale of the Property Price auction at No. 137 /2010/TT-BTC, including the following expenses:

a) The cost of reception, classification, examination of the funeral, vehicle;

b) The cost of demolition, the destruction of the funeral, the vehicle;

c) The cost pricing of the tangerine, vehicle;

d) The cost of organising the sale of the funeral, the medium;

) Other costs are related to the functioning of the Council of liquoration.

What? 7. The regime reported the situation handling the funeral, the vehicle seized by the state fund due to the administrative violation.

1. Report responsibility:

a) Every year, the body of the person with the authority to decide the confiscation of the funeral, the administrative violation (or the authority of the competent authorities to confiscate the confiscation) of the district and the township is responsible for reporting the situation handling the burial, the means of confiscation. collection of state funds within the scope of the processing, sending the Financial Chamber-Planning before January 15 next year;

b) The authority of the person with the authority to decide the confiscation of the funeral, the administrative violation (or the authority of the competent authorities to confiscate the confiscation) of the central, provincial and financial chamber-the plan for the synthesis of the situation, method of confiscation of the Department of Finance to the Finance Department before 31 January next year;

c) The Ministry of Finance of the provinces, the central city of the central city, is responsible for the aggregation of the state of mourning, the means of confiscation of state funds on the site, to the Provincial People's Committee, and the Ministry of Finance before 28 February of the following year.

For agencies, the unit does not implement the correct reporting regime, the Finance Department, the Planning Finance Chamber, under the jurisdiction or the competent authorities that decides to suspend the payment of the cost of the processing of the burial, the vehicle violation. It was confiscated by the government until it was reported in the same way.

2. Content Report:

a) The implementation of the deployment, guidelines for implementation of legal texts relating to the treatment of the burial, the means of confiscation of state funds due to administrative violations in units and localities;

b) The results of the processing of the burial, vehicle and management, using the proceeds from the processing of the burial, the administrative violation was confiscated by the state of the unit's state fund, local in the year (the synthesis by Type 2a, 2b, 3 attachment of this information);

c) Assessment of coordination between the organs, the unit involved in the process of processing of the burial, the vehicle; the entanging, the petition (if any).

What? 8. Terms of execution

1. This message came into effect from 25 January 2013.

2. Since this Private Day is in effect, regulations on the cost of holding professional auction to bid for the auction of the auction at the expense of 2 Articles 14 Digital. 137 /2010/TT-BTC of the Ministry of Finance stipulated that determining the starting price of the auction state property and the financial regime of the Asset auction Board expired.

3. During the execution process, if the birth is entangled, suggest the agencies, the organization, the unit that reflects promptly on the Ministry of Finance (the Bureau of Public Administration) to coordinate the ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Organic