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Circular 133/2012/ttlt-Btc-Btp: Regulating The Estimating, Management, Use And Secured Funding Settlement Activities Of Civil Enforcement Agencies And Management, Liquidation Of Assets.

Original Language Title: Thông tư liên tịch 136/2012/TTLT-BTC-BTP: Quy định việc lập dự toán, quản lý, sử dụng và quyết toán kinh phí bảo đảm hoạt động của cơ quan thi hành án dân sự và Tổ quản lý, thanh lý tài sản của...

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FRANCO-FINANCE MINISTRY
Number: 136 /2012/TTLT-BTC-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 16, 2012

FEDERAL INFORMATION

The planning of accounting, management, use and funding decisions are available.

to ensure the activities of the civil and organizational law enforcement agency,

the asset ' s asset liquour, social cooperation on the bankruptcy state.

____________________

The base of the law enforcement of the people;

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

Base of Protocol 93 /2008/NĐ-CP August 22, 2008, of the Government's Office of Regulation, Mission, jurisdiction, and organizational structure of the Ministry of Justice;

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

Base of Protocol 17 /2010/NĐ-CP 4/3/2010 of the Government on the sale of property prices;

Base of Protocol 58 /2009/NĐ-CP On July 1, 2009, the Government rules the details and guidelines for the execution of a number of civil law enforcement.

Base of Protocol 67 /2006/NĐ-CP July 11, 2006 of the Government instructs the application of the bankruptcy law to the special business and organization, the operation of the governing body, the asset liquoration;

The Minister of Finance and Minister of Justice Department of Justice issued the relevant information regulation, management, use and determination of the funding assurance of the activities of the civil court of law enforcement and the business of ensuring the operation of the Management, liquing the assets of the business. In the real estate, the work of bankruptcy is as follows:

What? 1. General Regulation

1. This information guides the establishment, management, use and decision-making of the activities of the civil and organizational law enforcement agency, the asset liquation of the business, the cooperative in bankruptcy status (later called the Organization of Management, liquoration). property).

For the real funding of the enforcement of the civil execution execution by regulation at the Digital Federal Information 184 /2011/TTLT-BTC-BTP December 19, 2011 of the Ministry of Finance, Ministry of Justice.

2. The non-guarantee source for the operation of the civil law enforcement agency:

a) State budget.

b) The unit of the unit execution fee is used and the source of the fee is condied after payment of the provisions of the Digital Federal Information 144 /2010/TTLT-BTC-BTP September 22, 2010 guidelines for the production, filing, management and use of civil execution fees.

c) The pre-order of the refusal to purchase property by regulation at paragraph 3 Article 39 digital decree 17 /2010/NĐ-CP March 4, 2010 of the Government on the sale of the asset price auction after the exception of the recommended auction costs is added to the transaction funding that is the unit's autonomy.

d) Other sources by the rule of law (if any).

3. By regulation at paragraph 8 Article 20 Protocol 67 /2006/NĐ-CP July 11, 2006 of the Government guides the application of the Bankbankruptcy Law to the special business and organization, the operation of the Management, the asset liquation, the management guarantee of the management, the asset liquation is taken from the revenues of the business, the contract. It's bankrupt. The governing body, the asset liquoration, is governed by a civil law enforcement agency. When money is obtained from the asset's handling of the business, the estate cooperate, the Executive Board must manually reimbursate the funds that have been paid to cost the operation of the management, liquing the asset.

4. The operating budget of the civil and organizational law enforcement agency, the asset liquation must be used on the right purpose, right subject to the standard of existing financial spending mode, implementing the cost-of-use reporting regime used by the specified law. of the law.

What? 2. The genus, the operational level of the civil law enforcement agency.

1. Cost Content :

a) The payments to the individual: salaries, wages, allowable, allowable donations (social insurance, health insurance, corporate funding, unemployment insurance), bonuses, collective welfare, and other payments to individuals according to the report. regulation.

b) Public service payments, office supplies, information, propaganda, contacts, lease costs, book purchase costs, document serving documents.

c) The conference, the domestic waste company, the spending of foreign companies and the reception of foreign clients into Vietnam, the organization of the nursing classes, the professional training exercise.

d) Professional cases, including:

-To the officers of the officers, and for the service of the service of the people.

-The travel vehicle, the auxiliary residence, the rent for those who do not enjoy the salaries of the state budget participate in the execution of the execs, and the execution of the law at the request of the law enforcement agency;

-The driver of the guide during the verification process, the execution of the execs. The lease of the national language translation in the event of the same is the ethnic minority of Vietnam without knowing the Vietnamese language and the contemporary case of foreigners;

-Utilities, protection equipment, health care.

-Cost of fire prevention (if any);

-The location rental, the means of sale of property, goods; hire companies to auction property prices under contract (if any);

-The law enforcement of the witness, and the law enforcement of the people,

-Details of evidence, property:

+ Fostering for the Board of the Material Destruction;

+ Expert lease, organization to carry out the destruction of the material, property on the case of the destruction of toxic chemicals or other materials, other assets that are required to have specialized equipment sites to carry out the destruction of the safety of safety. and does not affect the environment at the site of regulation at paragraph 2. 58 /2009/NĐ-CP;

+ The cost of transporting the material, the property to the destruction site; the cost of the destruction site, the fuel purchase, the other expenses that cater to the destruction.

-The judge of the judges, and the valuation of the talent for the judgment of the people.

-Details of the civil execution exam on popular media; the cost of sending the post office, the mail, live notice;

-Mercenary's counsel for the complex case. The head of the body of civil executions has a responsibility to identify complex cases that need to hire specialist consultants;

-The fostering for the Emergency Editorial Board when conducting an emergency receipt at the request of the Court;

-The contents of the state budget warrants the enforcement of the civil law enforcement execution in accordance with the provisions of three Articles 2. 184 /2011/TTLT-BTC-BTP December 19, 2011 of the Ministry of Finance, the Ministry of Justice guidelines for the mechanism of financial management of the civil court;

-The fostering for the work of the people in the service of the people.

-Other professional business expenses.

-What do you do?

Procurement, permanent repairs and large repair of fixed assets.

e) For the pre-order of the person who refused to purchase property at the bidding auction at paragraph 3 Article 39 digital decree 17 /2010/NĐ-CP March 4, 2010 The Government on the sale of asset prices is used to pay the costs of the arise associated with the handling of the property, the cost of selling that asset price (auction fee; actual cost, rationing for the sale of property prices due to the talented person). Auction and auction sale in accordance with regulations at Article 43 No. 17 /2010/NĐ-CP); The remaining number is added to the agency's operating budget for the expense content of the specified IT.

2. Level :

a) The genus that serves on the operation of the civil execution body body states on the implementation in accordance with the standard, standard, financial spending regime issued with the authority to enact, in particular as follows:

-The conference details are made under the current regulation of the parliamentary spending regime on the state agency;

-Operator payments using a private home and mobile phone in accordance with the current regulation of standard, valuation of the use of a service phone at its own home and mobile phone in administrative agencies, career units, and mobile phones. It ' s a social-social organization;

-The travel vehicle, a stay-in-residence, vacation rent (including non-profit subjects from the state budget involved in verification process, execs of execution) carried out the existing regulations on the mode of charge of the charge on the cadres, public, the state official for business;

-Praise for the service of the modern commendation.

-The costumes for public officials work as a civil law enforcement officer in accordance with the current regulation of the management regime, the approval of the Executive Card, the costume, the badge of the civil service, to execute the civil court;

-Chi performs activities in the regulatory appropriation work undertaken by the Department of Finance guidelines management, using a state budget budget guarantee for private-judicial work;

-Other genera perform at the cost of the unit's internal spending. The unit case that has not built an internal spending process is done by the current regulation.

b) Some of the expenses that are done according to the specific genus level are as follows:

-Compensation for the subjects when participating in the verification process, the execution of the execution exam, the temporary emergency decision implementation:

+ Executive, other public working as a law enforcement officer, police officer, police officer: 50,000 people per day.

+ Local government representative and other subjects: 70,000 per person/day.

-Nutrition for members participating in the Civil Tribunal for Civil Action Committee, the asset pricing meeting (which does not include a forced property valuation):

+ Host: $100,000 per day.

+ Members: $70,000.

-The execs of the execs directly take part in the waive, reducing the charge, the fines; the members of the participants who joined the property according to the verdict, delivered the property after the sale of the auction by which the person had to enforce a voluntary transaction of the property: $70,000 per person/day.

-Chi for the operation of the destruction of the property, the property:

+ Expert lease, destruction organization: A contracting base between a civil court exam body with a specialist, the destruction agency;

+ Chi fostering subjects for the destruction of the object, the property: the host of 100,000 persons per person/day, membership of 70,000 per person/day;

-Valued membership reaccretion, asset auctions: $50,000 per person/day.

-The advisory expert on the case of a complex case must hire an expert in a written consultation: 300,000 copper-600,000 copper/1 report;

-interpreter:

+ National language translation: A maximum of 200% of the overall minimum wage, according to the state-provided daily salary for the administrative management area;

+ Foreign Language Translation: Implemenges the current provisions of the Ministry of Finance on the level of translation levels in foreign client spending and conference spending, international conferences in Vietnam;

-Nutritions for the emergency payroll committee on urgent receipt at the court's request, which cost $50,000 per person per person.

c) For other expenses: Vehicle Rental, protection equipment, fire prevention costs, health; location rents, vehicles for valuation, sale of property, other goods; deposit costs, hold, witness preservation, law enforcement assets; rent, money, money, etc. purchase of materials and other rational practical costs based on contract, invoice, certification from actual, legal, legal spending, regulations, and approved by the head of the civil law enforcement agency.

What? 3. Contacts, the level of assurance that operates the Organization of Management, the asset liquation, the funding response to the operation of the Management, the asset liquation

1. Cost Content :

a) The conference, which works in the country for the oversight, examines the use of the assets of the business.

b) The lease of the venue, the means to organize the sale of the property price of the business, cooperated cooperated.

c) The office of office, information, propaganda, and acquisition of the document serving works (if any).

d) The cost of the preservation of the property, documents, accounting books and seals of the business, the cooperative was applied to the liquoration procedure.

) Expenses for the Foundation and its member of the organization, liquing the property.

2. Level :

The genus contents serve the activities of the Organization of Management, the asset liquoration that follows the rating, the standard, the granted financial spending regime that has the authority to enact, in particular as follows:

a) The conference, the work fee, is carried out by the current regulation of the organizational regime of the conferences, the work-making regime in the state agencies.

b) The cost of the organization to the organization and membership of the organization, the asset liquorship of the business,

-Captain: $100,000 a day.

-Member: 70,000 people per day.

The overtime case, the day off is paid by night-making, overtime in accordance with the Digital Federal Information. 08 /2005/TTLT-BNV-BTC On January 5, 2005, the Ministry of the Interior Ministry of the Ministry of Finance directed the implementation of the pay-wage regime at night, making overtime for the cadres, officials, officials.

c) For other accounts: Vehicle Rental, location rents, vehicles for sale of assets, other goods; deposit costs, hold, asset preservation, documentation, rent and other reasonable actual costs based on contract, invoice, certificate from spending, and other costs. practical, legal, valid, and approved by the Chief of the People's Court of people.

3. Advance of the cost guarantee operation Nest, asset liquation :

a) The cost of ensuring the operation of the management, liquing the assets taken from the revenues of the business, cooperated cooperated.

While it has not yet obtained money from the property's assets treatment, the bankruptcy cooperative, the civil law enforcement agency implemented a pre-budget application for the Management, liquing the assets from a given source of funding to a given authority assigned to the body of the competition. Civil court.

b) Procedal procedure: When the Consul has the decision to be assigned to the Organization of Management, liquing the asset, Accept of the Content Base, the provisions stipulate at paragraph 1, paragraph 2 Article 3 of this Information, and the Chief Executive Officer of the Civil Court. The management of the management guarantees the management of the management, the asset liquour. On the basis of the approved accounting, the Executive Officer is a capital of the management for the operation of the management, liquing the asset.

c) Procedulable procedure: After a day of collecting funds from the business, the cooperative estate, the Executive must manually return the funds to the provisions of the management, the asset liquoration.

What? 4. Accounting, acceptance, and business decision

The establishment of the bill, which accepts and determines the business of ensuring the operation of the civil and civil law enforcement agency and the operational guarantee of the operation of the governing body, the asset liquoration performs under the provisions of the State Budget Law, Accounting Law, and manual text. I don't know. This information instructs a number of points on the response funding to the operation of the Management, the asset liquation, in particular as follows:

1. :

The state budget budget base has provied to ensure the operation of the Management, the asset liquation of the Department of Justice, the government-funded base of the state budget that ensures the operation of the governing body, the asset liquation, the construction unit. set up for five plans, the General Justice Department, which is determined to determine the number of state-state budget-based non-budget economies to ensure the operation of the Management, the property liquing raises five general general plans in the collection, the state budget of the Ministry ' s five plans. The judiciary sends the Ministry of Finance under the provisions of the State Budget Law.

2. Accept the expected :

On the basis of the state budget budget that has been proactive to ensure the operation of the Management, the asset liquation, the Department of Justice allocation and delivery of the temporary budgetary funding ensures the operation of the Management, liquing the assets to civil law enforcement agencies. It ' s part of the budget that didn ' t do it. In the case of necessity, the Ministry of Justice has the right to adjust the allocated number of allocated units of units that have yet to use or do not use them all to adjust the increase to the units with the need to use the response funding within the total budget range. State budgets are already on hold to secure the operation of the management, liquing the asset.

3. The operational management of the management team, the asset liquation It ' s moved to the next year.

4. The determination of the management ' s active response budget, the asset liquation. It ' s done by law enforcement.

What? 5. The Organization

This joint venture comes into effect from 02/10/2012 and replaces the Digital Federal Communications. 19 /2008/TTLT-BTC-BTP February 19, 2008, of the Ministry of Finance, the Ministry of Justice guidelines for the establishment, management, use, and decision-making of the activities of the civil court of law enforcement and the management of the business, liquing the assets of the business, coopering into bankruptcy.

In the course of execution if there is an entangrium, the proposed units reflect on the Ministry of Finance and the Ministry of Justice for the study of the ./.

KT. Minister of Justice.
Chief.

KT. MINISTER OF FINANCE
Chief.

(signed)

(signed)

Nguyen Đức

Nguyen Thu Minh