Circular 184/2011/ttlt-Btc-Btp: A Guide To Financial Management Mechanism Of Funding The Organization Comply Civil

Original Language Title: Thông tư liên tịch 184/2011/TTLT-BTC-BTP: Hướng dẫn cơ chế quản lý tài chính về kinh phí tổ chức cưỡng chế thi hành án dân sự

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Pursuant to the law on State budget of 16/12/2002;

Pursuant to the law enforcement of civil judgement on 14/11/2008;

Pursuant to Decree No. 60/2003/ND-CP dated 6/6/2003 of Government of detailed rules and guidelines for implementing the law on the State budget;

Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;

Pursuant to Decree No. 93/2008/ND-CP on 22/8/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 58/2009/ND-CP dated 13/7/2009 by Government detailing and guiding the implementation of some articles of the law on the enforcement of civil judgment enforcement procedures;

Pursuant to Decree No. 17/2010/ND-CP on 10/3/2010 of the Government property auction;

Contact President Ministry of finance, the Ministry of Justice guidance mechanism of the financial management of the organization funding the comply as follows: article 1. General provisions 1. Object and scope: this circular contact President this guide about the content, costs, sources of funding make coercive execution procedure of advance, advance the costs of coercive execution, estimating, Executive funding settlement and coercive enforcement of civil judgments by civil enforcement agency implementation.

2. The civil enforcement agencies are responsible for the management, use, settlement funding organizations comply with current rules of court and the provisions of this circular.

Article 2. Genus content coercive enforcement of the judgment 1. People have to bear the costs of execution comply the following projects: a) the cost of notification about coercive:-costs reported on the mass media (television, radio, press).

-Fostering for those directly report coercive execution (enforcement officers, local government representatives, representatives of social organizations and other ingredients).

b) the cost of raw materials, fuel, rent vehicles, equipment, health protection, fire prevention, blast, the equipment, the facilities required to comply.

c) costs for the valuation, property assessment, valuation of assets, auctioning the property: valuation-cost, revalued assets: + the cost of valuation, valuation of property again: the price valuation, valuation assets according to the service contract with appraisal organizations.

+ The costs related to the valuation in case of Executive Member made the determination of the price of the property as defined in paragraph 3 Article 98 civil enforcement Act: the genus fostering for the members meeting to determine the price, determine the price of assets.

+ Genus property inspection: inspection of the property and some actual legal expenses to make the assessment of the property.

-The cost of the sale property auctions: auction fee as prescribed and actual costs, reasonable for the auction in the case of civil enforcement agencies authorized to organize your auction property.

+ Rent location, means of serving the Organization, listing, auction announced publicly the sale property auctions in the event of civil enforcement agencies directly held conducting property auction to enforce the judgment.

d) costs for the rent, look, preservation of property; the cost of unloading, the transport assets; the cost of labor and rental costs for construction, demolition; genus rent measurements, identify the boundary to make the coercive enforcement of the judgment.

DD) costs for the detention, seizure of property, papers, documentation:-media rental, equipment protection, location and rental expenses of other legal reality served directly for the implementation measures to ensure the custody, seized property, papers and documents.

-Fostering for the direct object made the decision to apply measures to ensure the custody, seized property, papers and documents.

e) Genus fostered for Executive Member, other public servants to do the work of enforcement of the judgment, the Prosecutor, the police, the self-defense militias, local government representatives, representatives of the city, old villages, Chief, head and some other objects directly involved in coercive enforcement of the coercive and protection.

2. The person is executed the judgment must bear the costs of coercive execution: a) the cost of verifying the conditions for enforcement of judgment prescribed in paragraph 1 Article 44 of law enforcement of civil judgments for cases who was executed may petition for the executor to verify the conditions of execution who is to bear the costs of execution:-diem for the objects involved in the verification of the conditions of execution of the judgment.

-Fostering for the objects involved in the process of verifying the conditions for the implementation of projects.

-Other costs served directly for the verification of the conditions of execution of the judgment.

b) cost revalued assets specified in point c of paragraph 1 article 2 to this circular if the execution was required, except for the revaluation revalued due to violating regulations on valuation.

c) part or all of the cost of construction, demolition in case the judgment, decided to determine who is executed the judgment should bear the costs of building, demolition.

The case is executed projects require the agency execution measures ensure the enforcement of the judgment is not correct, that person must pay the actual cost due to the enforcement of the decision to apply measures to ensure the implementation of that project.

3. The State budget guarantees the coercive enforcement of the judgment, including: a) coercive meeting costs due to Executive Member meeting held with the relevant authorities before proceeding.

b) costs for the translators, interpreters, in case the Privy was the ethnic minorities of Vietnam without knowing the Vietnamese and the litigants are foreigners.

c) cost revalued assets specified in point c Article 2 paragraph 1 of this circular in case of violation of rules on valuation as defined in art. 1 Article 99 of law enforcement of civil judgments.

d) fees, cost of auctioning the property no property as defined in paragraph 3 Article 43 of Decree 17/2010/ND-CP on 10/3/2010 of the Government.

DD) costs to verify the conditions of execution specified in point a of paragraph 2 article 2 this circular in case the active enforcement of judgment prescribed in paragraph 1 Article 44 of law enforcement of civil judgments.

e) cost of coercive enforcement of the judgment in case people have to enforce the judgment, who is exempt, reduce the costs of coercive execution according to the provisions of article 32 of Decree 58/2009/ND-CP dated 13/7/2009.

g) cost of coercion in the case of not obtaining the money of the people to enforce the judgment. The Ministry of Justice regulations specific to this case.

h) costs while conducting coercive institutions but must stop, suspended because of the following reasons:-Due to unforeseen events specified in point a of paragraph 3 article 2 of Decree 58/2009/ND-CP dated 13/7/2009 of Government;

-Where the heads of civil enforcement agency decision to suspend enforcement of the judgment under the provisions of point a, point b, point d, point 1 article 50 clause Ridin law enforcement of civil judgments.

For the case of suspended, suspended because of the person's subjective reason is execution or who have to enforce the judgment, the costs of coercive execution to pause time, suspended by the object causes the pause, suspension.

I) expenses for adopting measures for the custody papers, documentation of who must enforce the judgment in the case who is exempt, reduce the costs of coercive enforcement of the judgment under the provisions of the law or cases not obtained the money of the people to enforce the judgment.

k) the entire cost of coercive and valuation cost, revalued assets have done if the State Agency has the authority to cancel the entire process.

Article 3. Compulsive spending execution: 1. Chi for the participants of the meeting table of coercive execution, meeting members of valuation and revaluation asset pricing: a) Presiding: 100,000 VND/person/day;

b) members: 70,000 VND/person/day.

2. The genus fostered for those directly involved in coercive execution: a) Executive Member, other public servants to do the work of enforcement of the judgment, the Prosecutor, the police, the self-defense militias, local government representatives directly involved in coercive execution:-host: the level of 100,000 VND/person/days involved coercive;

-Other subjects: the level of 70,000 VND/person/days involved coercion.

b) represent the locality, country, old head, head and other objects were mobilized to join the comply in case of need: the level of 70,000 VND/person/days involved coercion.

3. The genus fostered for those directly perform coercive execution message, verify the conditions of execution; those who directly make the decision to apply measures to ensure the custody, seized property, papers:-Executive Member, the other servants to do the work of execution, the Procurator, the police: the level of 50,000 VND/person/day.

-Self-defense militias, local government representatives and other objects: the level of 70,000 VND/person/day.

4. Spend the work for these subjects go to verify the conditions of execution: made according to circular No. 97/2009/TT-BTC on 6/7/2010 of the Ministry of finance regulations, charges expenditure mode work organizing the Conference in State agencies and business units.

5. The genus hired translators, translation nation:-maximum 200% of the general minimum wage, calculated on wages due to State regulation for the area of administrative management.

-Foreign language translation: follow the current regulations of the Ministry of finance about the translation costs in the spending mode to welcome foreign guests and Conference spending, International Conference in Vietnam.


6. The expenses: Rent, coercive protection equipment; the cost of the fire and explosion; venue rental, vehicles to auction organization; appraisal fees; auction fees; hired to look after the maintenance of the property; the cost of unloading, transportation assets, and other expenses related to the coercive enforcement of judgment made pursuant to contracts, liquidation of the contract, invoice, proof of actual expenditure, legal, valid under the rules and are the heads of civil enforcement agency approval.

Article 4. About the advance costs of coercive execution when not yet obtained of litigants 1. The advance costs of coercive execution organization: a) coercive execution costs due to enforcement of the judgment, execution, filed or are deducted from the property auction money has been deducted from the levy or the person's property to enforce the judgment is for the other person keep , rent, lend, borrow, repair.

While not yet obtained coercive execution cost of the people who have to enforce the judgment, execution, civil enforcement agencies perform advance funding for the executor to organize coercive execution from source estimation of funding was allocated to the authorized civil enforcement agency.

b) State budget a funding arrangement in the estimation of civil enforcement agency to implement the advance costs of coercive enforcement of the judgment. The level of specific layout for each civil enforcement agency by Ministry of Justice delivered after the reunification with the Ministry of Finance within the estimated budget is approved by the authority.

2. procedure for Executive Member and advance advance funds coercive execution: a) the advance costs of coercive execution: before coercive organizations execution, Executive Member is established and the heads of civil enforcement agency approval of coercive execution plan (unless a coercive right now). Coercive plan includes the content according to the provisions of article 72 law enforcement civil: coercive measures should apply; time, coercive locations; coercive conduct projects; force participation (number of people, participants); estimating the cost of catering for coercion.

Genus coercive service estimates are created based on the content of the genus, the genus of the provisions of article 2, article 3 of this circular and notice for litigants to know before conducting coercive under the provisions of Articles 39, 40, 41, 42, 43 of the Civil Enforcement Act.

On the basis of coercive plan approval procedure, Executive Member of the advance funding for coercive activities from funding sources are the State budget allocated to the enforcement agencies.

Profile, the form of the advance costs of coercive execution performed as specified in circular No. 91/2009/TT-BTC on 17/6/2010 of the Ministry of Finance Accounting Business Guide civil enforcement.

b) advance Refund cost of coercive execution: when processing asset or currency is money of the people to enforce the judgment, execution, Executive Member must immediately refund procedures the advance funds spent on coercive execution before for civil enforcement agency under the provisions of article 47 of law enforcement of civil judgments.

Civil enforcement agency responsible for the track, urging the audience to bear the costs of coercive execution to recover funds deposited. Last quarter, year, civil enforcement agencies report synthesis the use of advance funding organised coercive enforcement of the judgment (of the advance, the number of funds has recovered; the number of advance funding not yet recovered, the cause is not yet recovered ...) with the superior authority. The Ministry of Justice, Ministry of finance, together with the report of annual budget.

Complete form and record the advance costs of coercive and payment of execution specified in circular No. 91/2009/TT-BTC on 17/6/2010 of the Ministry of Finance Accounting Business Guide civil enforcement.

Article 5. Estimating, Executive funding settlement and coercive execution Job estimating, Executive, settlement costs of coercive execution in the State budget is spent on tasks performed under the provisions of the law on the State budget and other documents guiding the implementation. This circular instruction more specifically some of the following points: 1. Estimating: every year, on the basis of advance funding coercive arranged in budget estimation of the civil enforcement agencies from previous years was transferred to continue performing, the civil enforcement agencies estimating the expense of implementing coercive execution , in which separate the two parts: a) expense advance coercive execution when not yet obtained of litigants: estimating cost of coercive advance enforcement of the judgment in the case by the separation of the district; the funding was part of the advance coercive but no possibility of revocation of the right to enforce the judgment, execution or some other special event need to increase or decrease the level of initial advance sent the Ministry of Justice to the General synthesis on the estimation of annual budget expenditure under the rules.

b) funding the State budget guarantees the coercive enforcement of the judgment.

2. Observance of the estimation, settlement: a) distribution: on the basis of the cost of implementing coercive execution was arranged in the estimation of every year, the Ministry of Justice and the allocation of budget funds allocated to advance the genus coercive execution for civil enforcement agency on the cost of not implementing autonomy after the evaluation comments the Ministry of finance.

b) adjust estimates: in case it deems the adjusted cost estimation is needed advance coercive execution of the civil enforcement agencies already assigned, the Ministry of Justice decided to adjust the allocation of financing among the enforcement agencies within the funding advance of coercive execution was the State budget.

c) funding advance layout genus coercive execution was transferred the following year to continue performing.

d) The coercive funding settlement civil enforcement made under current rules.

Article 6. Implementation of this circular in force from October 12, 2012 and replaces circular No. 68/2006/TTLT-BTC-BTP on 26/7/2006 of the Ministry of finance, the Ministry of Justice guidance mechanism of the financial management of the organization funding the comply.

The Ministry of Justice is responsible for publicizing administrative procedures and reviews the impact of regulations on the administrative procedure prescribed in this circular.

In the process if there are obstacles, suggest the unit reflects on the Ministry of finance and the Ministry of Justice to study the resolution./.