Circular 114/2009/tt-Btc: Specify Collectible, Mode, Submission, Management And Use Of The Judicial Inspection In The Field Of Forensic Medicine

Original Language Title: Thông tư 114/2011/TT-BTC: Quy định mức thu, chế độ thu, nộp, quản lý và sử dụng phí giám định tư pháp trong lĩnh vực pháp y

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Pursuant to Decree No. 57/2002/ND-CP dated 3/6/2002 detailing the Government's enforcement of the Ordinance on fees and charges; Decree No. 24/2006/ND-CP dated 6/3/2006 of the Government revising, supplementing a number of articles of Decree No. 57/2002/ND-CP dated 3/6/2002;

Pursuant to Decree No. 69/2005/ND-CP dated 19/5/2005 of the Government detailing some of the judicial inspection Ordinance;

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 decision No. 74/2009/QD-TTg dated 7/5/2009 by the Prime Minister on fostering mode of judicial examination;

Pursuant to decision No. 1358/QĐ-TTg dated 3/8/2010 issued by the Prime Minister's plan to make the decision 258/QĐ-TTg dated 11/2/2010 of the Prime Minister on the approval of the project "innovation and upgrading the performance of the judicial inspection";

After obtaining the opinion of the Ministry of health in no. 2331/BYT-KHTC 29/4/2011; The Department of Defense at no. 1532/BQP-PC on 22/6/2011; The Ministry of public security in no. 1853-V19 on 29/6/2011;

The Ministry of Finance regulates the level of currency, currency, payment, management and use of the charge of judicial expertise in the forensic field is as follows: article 1. 1 fee payers. Bodies conducting the proceedings, the proceedings are conducted on the assessment must submit judicial inspection in the field of forensic medicine for the criminal.

2. organizations and individuals soliciting proposals examination must file charges of judicial expertise in the field of forensics for civil service, administrative lawsuits.

The proposed referendum examiner is wounded, the martyr, who relatives infected with dioxin, the poor, lonely elderly, not helpless, disabled, orphaned children do not have to file a judicial inspection costs. This cost is paid by the State budget.

Article 2. The level of charge judicial inspection in the field of forensic medicine including the cost of judicial inspection and fostering judicial inspection.

The level of charge judicial expertize in the field of forensic medicine made according to the provisions of the judicial inspection fees in the forensic field attached to this circular.

Article 3. Organize currency lodging, management, and use 1. Free agency is the National Forensic Institute-Ministry of health; The forensic Center, forensics organization subordinated to the provincial health department, central cities; Forensics room in the provincial hospital; The Institute of forensic medicine, the military hospital of the Ministry of Defense military region; Forensic Center in Criminal Science Institute of the Ministry of public security criminal Technology Department, Police Department, city in Central.

2. When the agency conducting the proceedings, the proceedings are conducted referendum filing assessment, must file a judicial inspection.

When the Organization, individuals proposed referendum inspections, judicial inspection fee to be paid to the agency conducting the proceedings to file charges when referendum examiner.

3. The agency fee be paid money fostering judicial inspection according to current rules; be taken to back 95% of the money collected for inspection before submitting to the State budget, to cover the costs.

Part of the judicial inspection fee money left (5%), the agency filed a charge on the State budget according to the chapter, type, account, item, the corresponding subsection of the index of the current state budget.

Article 4. Implementation 1. This circular effect since January 28, 2011.

2. Other content related to the collection, filing, management, use, disclosure, filing fees and charges regime publicly not guide this circular is made according to the instructions in circular No. 63/2002/TT-BTC on 24/7/2002 of the Ministry of Finance shall guide the implementation of the legal provisions regarding fees and charges , Circular No. 45/2006/TT-BTC dated 25/5/2006 the Ministry of Finance's additional amendments to circular 63/2002/TT-BTC on 24/7/2002; Circular No. 28/2011/TT-BTC on 28/2/2011 the Ministry of Finance shall guide the implementation of some articles of the law on tax administration, guiding the implementation of Decree No. 88/2007/ND-CP dated 25/5/2007 and the Decree No. 106/2010/ND-CP dated 28/10/2010 of the Government.

3. In the process of implementing, if there are obstacles, suggest the Organization, timely reflection about personal finance to consider the instructions./.