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Circular 144/2012/tt-Btc: Regulating The Estimating, Management, Use And Settlement Guaranteed Funding For Judicial Cooperation

Original Language Title: Thông tư 144/2012/TT-BTC: Quy định việc lập dự toán, quản lý, sử dụng và quyết toán kinh phí bảo đảm cho công tác tương trợ tư pháp

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FINANCE MINISTRY
Number: 144 /2012/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 4, 2012

IT ' S SMART

Q The planning of accounting, management, use, and business decisions. Guaranteed by the state of law.

_____________________________

- What? Go to the State Budget Act;

Base of Decree 60 /2003/NĐ-CP June 6 0 03 of the Main Street brew details and details guide Law enforcement Yes. The book of state;

Root Come on The Judicial Assistance Act of 2007;

The base of the decree. 92 /2008/NĐ-CP August 22, 2008 by the Government Guide to Enforce The Rules Of The Same Law. t Legal barbarians in 2007;

Root Come on Decrees Eleven. 8/2008/NĐ-CP 27th /11 /2008 brew N What? ng, power duty and muscle. All A socket function of the Ministry of Finance I'm But,

On the recommendation of the Chief of the Treasury. I'm -Of course.

Secretary of the Treasury Department of Finance. Oh. " There. n l Accounting, management, s. Yeah. And make decisions. i Ph. I'm Guaranteed to be a guarantee of legal assistance.

What? 1. Fan v i , adjuvation object

1. This information regulates the contents, the content. Oh. p, management, use and budget decisions that implement judicial-assisted interaction v ... Okay. Civil, criminal, d There. A degree and transfer of people What? Prison sentence.

2. Organs Boob The authority to do insects. g A Please. Civil, criminal, and criminal justice. Okay. Give me the delivery. All p executions in accordance with the provisions of the Judicial Assistance Law and the Digital Protocol 92 /2008/NĐ-CP Budget. state level of funding b Bitch. o ensure that the private-judicial work under this message includes:

a) The Ki Institute Okay. The people of the supreme people,

b) I Let's Death sentence. Yes. n supreme;

c) The Ministry of Public Security.

d) Ministry of Foreign Affairs;

The Justice Department. Ah! p;

e) The General Electric Agency Don't South abroad;

g) Nh agencies Oh. Other countries perform t-compatible activity. Yeah. In accordance with the laws of law.

What? 2. The funding source performs the same work legal

1. State budget.

2. Fees, fees, expense related expenses. What? n commission Civil law.

3. Aid, funding, and legal fees.

What? 3. Content i support for legal aid

1. Chi for x Yeah. preliminary profile commission Judiciary: Research, Identification Validation Don't And then. y Enough of the file, the pool. Uh ... And move the pool. Uh ... for c Uh ... Yes. Move. Power. Okay. resolving the graph-compatible requirements Ah! p.

2. Expense of the documents Don't I have something to do with it. Legal aid.

3. Oracle costs Don't You know, I mean, Don't The witness, the examiner is on the side. g to A or temporary in Oh, Oh. c is required to participate in the proceedings in Vietnam request The organ of the world. Move. Power of Vietnam: plane ticket Come on The money is; money is spent; money; money; or money. Shit. Go. All t or be deducted from the l Oh. Proof, n. g They have to go. Vietnam Testify, judging from the case. Okay. I wish International There's another rule.

4. The details of the investigation, verify, collect evidence. Come on Fuck. Okay. Really. Don't n y Hey. Graph-like bridge. Ah! p; investigation, verification of the object to extradition as required by Vietnam or abroad: travel costs, eat and in and other expenses.

5. I don't know. Fuck. Direct file. commission Legal falls: the cost of g Yeah. Trust records, travel expenses, food. in c brew A cadre of the execution of the task force.

6. Expert opinion: In case of a request for regulatory and legal assistance. Hey. It ' s about the problem of complexity, the head of the c. Uh ... It ' s actually about the idea of taking the mind. What? n experts.

7. Move it, eat it at the top of the water. g I don't know. Don't The criminal resolution, the breaking of the prisoner to Vietnam in love. And Extradition, love And Transfer of human being. All p up What? Vietnamese prison sentence (except for school hours) p parties Deal. others) including the cost of the i - t The case is too much. Bitch. - .

8. -What? i Again, What? n ' s for c Ah! n Vietnam Ministry of Vietnam to carry out arrest, pressure Bitch. Crime, oppression. Bitch. The prisoner. Okay. I ' m going to give it to you. And The extradition and request transfer of the person who is accepting foreign prison penalties includes the cost of being born in the case of transit.

9. What? I'm purchase support Okay. Go. Ah! y fly or x e for n g He ' s been extradited from abroad. Okay. Vietnam Okay. search for criminal responsibility or ch All ps.

10. The cost of Chuy Okay. Well, the records are foreign-funded and from the Vietnamese authorities overseas to Vietnam.

11. Details socket The conference, in the field of judicial assistance; the organization of the meeting, the evaluation conference, the t. socket In the end, we have to withdraw the experience of legal assistance. .

12. The details of the treaty negotiations on the judicial future in to Water and water.

13. Restitution. Domestic and foreign affairs Okay. He raises his expertise and has a career in legal assistance.

14. I socket A woman's experience. Oh. c in addition to coughing Yes. Move. Please. Legal aid; survey, assessment of the status quo of partnership needs in terms of judicial assistance with the country ' s water. Stain. I work.

15. The organization of the khs. Bitch. The annual interdisciplinary case evaluated the implementation of the implementation of the public-judicial interaction.

16. The network organization. i service information for construction and qu Bitch. n l The system. in data on judicial assistance; maintenance, maintenance and an efficient uplifting, the rubber brand. All t of the information system (including the purchase of s) It's Hardware, sec. And n soft, upgrade, c Bitch. Create an object basis All t, other services); the application and development of information technology into specialized work (packaging). Oh. m Bitch. It's not the system the d base Hold. ). The purchase of documents, books required by field of judicial assistance.

17. Detail files of judicial assistance from Vietnamese representative agencies abroad for the incumbent or agency, the institution of foreign authority.

18. The travel cost, the offender ' s food, the crime, the cost of the cultivation of the offender in the event of the person being extradited over the territory of another country.

19. The genus performs activities related to international treaties and the international agreement on judicial assistance: the translation of international treaties, seminars, talks on international treaties, drafting treaties, appraisal, international treaties appraisal in the field of mutual assistance. The judiciary and several other genera serve directly to international treaties and international agreements.

20. Other genera in relation to private-related work: The study of scientific research on the status and solution related to judicial-assisted work; nighttime spending, overtime, contact details, stationing details; print spending, development, and more. The template, the paper, the manual manual, and a number of other expenses directly related to the state of justice.

What? 4. The level of supporting the state of justice

1. Content-assisted content-support content performs in accordance with the correct mode, standard, standard of current financial spending. Specifically as follows:

a) Chi for the case translation operation, the prescribed implementation document at the Digital Federal Information 192 /2010/TTLT-BTC-BTP-VPCP On December 2, 2010, the Ministry of Justice, the Ministry of Justice, the Government Office directed the bill, manages and funds the state budget budget guaranteed by the building of the law, and the completion of the legal system.

b) For charges of funding for public travel abroad to survey law, review, negotiation of the agreement of legally mutual agreement, for the imposter of foreign offences made in accordance with the provisions of the United States. 102 /2012/TT-BTC June 21, 2012, of the Ministry of Finance to rule over the public's capacity for cadres, state civil service to foreign policy is guaranteed by the state budget.

c) For the expenses of the cost of the public to work in the country; the travel costs, the eating of the Vietnamese staff perform the arrest, the criminal oppression; the organization of meetings, conferences, csignations, and the sum of the sums made by the provisions of the United States. 97 /2010/TT-BTC June 6, 2010, of the Ministry of Finance that regulates the cost of a fee, the regime organizes conferences on the state agencies and the public career unit.

d) For the actual amount of direct access to the person (the cost of sending out, the cost of travel, the cost of travel, the officer of the officer's staff):

-The case of cadres goes to work to carry out extortion in the country: implementation of the regulatory regime at No. 97 /2010/TT-BTC June 6, 2010 by the Ministry of Finance that regulates the cost of a fee, the regime organizes conferences on the state agencies and the public career unit;

-The case of the representative body of the representative body abroad to carry out the execution of the prescribed regime at the Digital Information 222 /2010/TT-BTC December 31, 2010 by the Ministry of Finance to rule the financial management, property to Vietnamese agencies abroad;

-For the expense of the mailing list: Single base, certificate from actual, legal expenditure on the current regulation.

For the terms of the investigation, the actual survey serving the legally-compatible work is done in accordance with the provisions at the Digital Information Service. 58 /2011/TT-BTC May 11, 2011, of the Ministry of Finance to administer, use, and decide the funds to carry out statistical surveys.

e) For the expenses for the organization of training, advanced fostering of expertise, a career for the staff of staff, civil officials, officials as a judicial-equivalent work are made in accordance with the regulation at Digital Information. 139 /2010/TT-BTC On September 21, 2010, the Ministry of Finance regulated the planning, management and use of funding from the state budget for training, accretion, civil service.

g) For the sums associated with the construction and implementation of international treaties in the field of judicial equities are made in accordance with the Digital Information Information. 65 /2008/TT-BTC On July 21, 2008, the Ministry of Finance directed the management and use of the state budget budget guarantee for international treaty work and international agreement work.

h) For the construction and management of the database system; maintenance of the database serving the same judicial assistance is made in accordance with the Digital Information System. 137 /2007/TT-BTC November 28, 2007 of the Ministry of Finance directed the cost of generating electronic information; Digital Federal Information 43 /2008/TTLT-BTC-BTTTT 26 May 2008 by the Ministry of Finance, Ministry of Information and Communications directed the management and use of the cost of information technology in state management.

i) Go back, eat at the foreign cadre of carrying out the oppression of crime, oppressto the prisoner to Vietnam; the genus of treaty negotiations in the country is made as specified in the Fourth Notice. 01 /2010/TT-BTC On January 6, 2010, the Ministry of Finance regulated the spending of foreign visitors working in Vietnam, the organizational spending of conferences, international conferences in Vietnam, domestic passenger spending.

l) Chi for investigative work, verification: Regulation at Digital Information 148 /2011/TT-BTC November 7, 2011 of the Ministry of Finance guidelines for the planning, management and use of state budget funding guarantees for criminal investigation work;

l) Genus, the text systematization system as the legal database serving the judicial aid work: Practices in accordance with the Information of the Number 122 /2011/TTLT-BTC-BTP On August 17, 2011, the Ministry of Finance, the Ministry of Justice, regulates the planning, management, use, and funding of the guarantee for inspection, processing, and control, and the legal system of law.

m) Chi for those foreigners who testify, (if any) be made in accordance with the agreement with the proceedings of the proceedings in Vietnam.

n) Chi for those who go abroad to testify, (if any); the case is cadres, civil officials or other Vietnamese citizens (not as a prisoner) in accordance with the stipulation at the point b above; the case is the specific offender-based entity. It's the Ministry of Public Security.

o) The wage spent at night, making more hours by regulation at the Digital Federal Information 08 /2005/TTLT-BNV-BTC On January 5, 2005, the Ministry of Internal Affairs, the Ministry of Finance, carried out a work-making regimen working at night, adding hours to the officer's staff.

p) In the execution process, if the text that is presented to apply in this message is modified, added or replaced with new text, the reference applies in accordance with the new text.

2. The agencies that use the funding guarantee for judicial-compatible work must follow in accordance with the existing regulations and the current financial spending regime. In addition, this message guides a number of specific genera as follows:

a) Chi for the handling of the judicial commission record (study, review, validity of the validity and completa of the profile, filing, filing for the authority with authority to address the judicial and regulatory mutual assistance requirements): From the following: $100,000-500,000.

b) In case of expert opinion in the case of a request for judicial assistance in relation to the complex issue, it is necessary to apply for the direction of the Leader of the Leader of the relevant competent authorities: from 300,000 copper-600,000 copper/text/professional.

c) Chi members participate in seminars, coordinates:

-Host: 150,000 people.

-Members of attendance: $100,000.

d) A number of other genera such as: The genus is book-listed, newspaper, magazine required by a portfolio of judicial equities; the genus for the establishment of information exchange channels on the law and the practice of judicial empositions with the authority of foreign authority. according to the regulation of the international treaty on the legal future that Vietnam is a member; the deposing of trust records, the cost of transfer of documents, the foreign-judicial record abroad, and from the Vietnamese representative body abroad of Vietnam, which sends their respective records. judiciary from the Vietnamese representative agencies to the incumbent or agency, the institution has foreign jurisdiction; the cost of purchasing a plane ticket or train for the next year. who is extradited from abroad to Vietnam to pursue criminal responsibility or to accept the sentence; the cost of printing, preparation of documents and stationing ...: Implementing evidence from actual, legal and licensed spending and the authorship to approve the bill before it is done. Do it.

What? 5. Accounting, management, use, and budget decisions guarantee the same judicial and legal mutual assistance.

1. The guarantee budget for the agency ' s judicial-equivalent work, organization of which subordinated state budget guarantees and is aggregable to the annual budget bill of the agency with the authority to carry out the prescribed judicial equivalent work at the expense of the government. Law and Judicial Assistance Act. 92 /2008/NĐ-CP August 22, 2008, of the Government of the Government, detailed and directed by the Government to implement some of the provisions of the Law of Justice.

2. Every year, the base at the request for the joint judiciary and its base in the capital, the provisions stipulated at Article 3, Article 4 of this Smart, the institutions that provide the funding of the funding guarantee for the general general's general public policy in the annual budget bill. The year of sending authority under the provisions of the State Budget Law and the Laws of the Law.

3. Manage , s Yeah. Use the Oh. decision: The management, use and decision o The insurance costs. Bitch. m for judicial and judicial assistance in accordance with qu y State Budget Law, K Law. What? The math and the manual text.

Separately Oh. Representative agencies Don't South abroad: Accounting, use, and funding. t The current coals t Private, 222/20. 1 0/TT-BTC on December 31, 2010 of the Ministry of Finance regulates the financial management, property to the Vigilant Organs t Male in women. Oh. Outside.

What? 6. Terms of th i Action.

1. Private Oh. It's effective. t On October 20, 2012. For the implementation of the 2012 Judicial Assistance Mission, the organization of the organization arranged in the 2012 bill was granted a competent authority to implement.

2. In the course of the execution if there is difficulty, entanged, recommend the agencies, the unit reflects on the Ministry of Finance to study, resolve ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Thu Minh