This Circular guides the implementation of Decision No. 241/2006/QĐ-TTg on the allowance system for court sessions for participants in litigation at court sessions, with specific allowance amounts and funding sources. This Circular takes effect from the date of publication in the Official Gazette.
Scope of application
Judges of the People's Courts and Military Courts, Associate Judges, Prosecutors, Court Secretaries, Expert Appraisers, Interpreters, Witnesses, Court Security Officers, and Escort Officers.
Key points
- The presiding Judge of the court session receives an allowance of 50,000 VND per day; Judges and Prosecutors participating in litigation at the court session receive 30,000 VND per day; Court Secretaries, Court Security Officers, and Escort Officers receive 20,000 VND per day.
- Associate Judges, Expert Appraisers, Interpreters, and Witnesses have their travel expenses reimbursed according to the regulations for civil servants on official business.
- A court hearing day is divided into two sessions, with the allowance amounting to half of that for one full day.
- The allowance system for court sessions applies from 2006 and becomes effective from Decision No. 241/2006/QĐ-TTg of the Prime Minister.
- Funding for the implementation of the allowance system is allocated in the annual budget estimates of judicial agencies.
🌐 Social impact of this document
- To save costs for litigation participants and reduce economic burdens.
- To enhance fairness and transparency in the trial process.
- To improve the quality of court sessions through allowances for participants.
❓ Frequently asked questions
What allowance does the presiding Judge of the court session receive?
The presiding Judge of the court session receives an allowance of 50,000 VND per day.
What allowance does the Prosecutor participating in litigation at the court session receive?
The Prosecutor participating in litigation at the court session receives an allowance of 30,000 VND per day.
How many sessions is a court hearing day divided into and what is the allowance amount?
A court hearing day is divided into two sessions, with the allowance amounting to half of that for one full day.
Where is the funding for the implementation of the allowance system for court sessions allocated from?
Funding for the implementation of the allowance system for court sessions is allocated in the annual budget estimates of judicial agencies in accordance with the State Budget Law.
When does the allowance system for court sessions apply?
The allowance system for court sessions applies from the effective date of Decision No. 241/2006/QĐ-TTg of the Prime Minister.
Full text
|
|
|
|
Number: 01/2007/TTLT-TANDTC-VKSNDTC-BNV-BTC-BCA-BQP-BTP |
Hanoi, January 31, 2007 |
JOINT CIRCULAR
Guidelines for implementing Decision No. 241/2006/QĐ-TTg dated October 25, 2006 of the Prime Minister on the system of allowances for court sessions
The Prime Minister's Decision No. 241/2006/QĐ-TTg dated October 25, 2006 on the system of allowances for court sessions; the Supreme People's Court, the Supreme Procuratorial Organization, the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice hereby provide guidelines for implementation as follows:
___________________________
APPLICATION OBJECTS
I. The allowance system for court sessions applies to judges of people's courts at all levels and military judges at all levels (hereinafter referred to as judges), people's assessors and military assessors (hereinafter referred to as assessors), prosecutors of procuratorial organizations at all levels and military prosecutors at all levels (hereinafter referred to as prosecutors), court secretaries conducting proceedings at court sessions; experts, interpreters, witnesses summoned by the court as participants in the proceedings, police officers (including military guards) protecting court sessions, escorting defendants to court sessions.
II. AMOUNT OF ALLOWANCES FOR COURT SESSIONS
1. The amount of allowances for court sessions for those conducting and participating in proceedings at court sessions in one day of trial is stipulated as follows:
a) An allowance of 50,000 VND (fifty thousand VND) shall be applied to the presiding judge of the court session;
b) An allowance of 30,000 VND (thirty thousand VND) shall be applied to judges and prosecutors conducting proceedings at the court session;
In cases where a judge conducts multiple trials in one day, both as the presiding judge and as a participating judge, they shall receive only once the allowance prescribed for the presiding judge, which is 50,000 VND (fifty thousand VND).
c) An allowance of 20,000 VND (twenty thousand VND) shall be applied to court secretaries, police officers (including military guards) protecting court sessions, escorting defendants;
d) An allowance of 50,000 VND (fifty thousand VND) shall be applied to assessors, including working days researching files at all levels of courts;
đ) An allowance of 40,000 VND (forty thousand VND) shall be applied to experts summoned by the court to participate in the court session;
e) An allowance ranging from 50,000 VND (fifty thousand VND) to 500,000 VND (five hundred thousand VND) shall be applied to interpreters requested by the court to interpret at the court session, specifically:
e.1) An allowance ranging from 50,000 VND (fifty thousand VND) to 100,000 VND (one hundred thousand VND) shall be applied to cases with a small volume of interpreting work, not much time spent interpreting, and simple nature of the case requiring interpretation;
e.2) An allowance ranging from over 100,000 VND (one hundred thousand VND) to 250,000 VND (two hundred fifty thousand VND) shall be applied to cases not falling under the provisions of point e.1 and e.3, Clause 1, Section II of this Circular;
e.3) An allowance ranging from over 250,000 VND (two hundred fifty thousand VND) to 500,000 VND (five hundred thousand VND) shall be applied to cases with a large volume of work, long time spent interpreting, and complex nature of the case requiring interpretation.
g) An allowance of 30,000 VND (thirty thousand VND) shall be applied to witnesses summoned by the court to attend the court session.
2. A day of trial stipulated in this Circular is divided into two sessions. If a trial is conducted in one session, the allowance received shall be half (1/2) of the allowance prescribed for one day.
3. Assessors, experts, interpreters, and witnesses shall be reimbursed travel expenses according to regulations applicable to civil servants on official business.
III. SOURCE OF FUNDS AND PAYMENT METHODS
The funds for implementing the allowance system for court sessions shall be allocated in the annual budget of judicial agencies as provided for in the State Budget Law.
1. Funding sources
The funds for implementing the allowance system for court sessions of military courts at all levels and military procuratorial organizations at all levels shall be allocated in the budget plan of military courts and military procuratorial organizations assigned by the Ministry of National Defense annually.
2. Payment methods
In 2006 and 2007, the payment of allowances for court sessions for judges, assessors, court secretaries, experts, interpreters, witnesses, police officers (including military guards) protecting court sessions, escorting defendants shall be carried out by the court issuing the decision to bring the case to trial; for prosecutors conducting proceedings at the court session, the procuratorial organization that dispatches them shall carry out the payment.
From 2008 onwards, the payment of allowances for court sessions shall be carried out as follows:
a) The court issuing the decision to bring the case to trial shall pay allowances to judges, assessors, court secretaries, experts, interpreters, and witnesses. Military courts issuing decisions to bring cases to trial shall pay allowances to military guards protecting court sessions, escorting defendants to court sessions;
b) The procuratorial organization shall pay allowances to prosecutors conducting proceedings at the court session;
c) The public security agency shall pay allowances to police officers protecting court sessions, escorting defendants.
3. Management and settlement of funds
The preparation of budgets, management, and settlement of funds for implementing the allowance system for court sessions shall be carried out in accordance with the State Budget Law and guiding documents.
IV. EFFECTIVE DATE
1. This Circular shall take effect fifteen days after its publication in the Official Gazette.
2. This Circular replaces the provisions on the implementation of the system of session allowances and allowances for court sessions in Joint Circular No. 614/TT-LN dated July 21, 1995 of the Ministry of Justice, the Supreme People's Court, and the Ministry of Finance guiding the system of session allowances, and Joint Circular No. 418/TT-LB dated April 9, 1996 of the Ministry of Justice, the Government Organizational-Cadre Department (now the Ministry of Home Affairs), and the Ministry of Finance guiding the system of allowances for court sessions.
3. The allowance system for court sessions as guided in this Circular shall be calculated from the effective date of Decision No. 241/2006/QĐ-TTg dated October 25, 2006 of the Prime Minister on the system of allowances for court sessions.
3. The system of trial allowances as guided by this Circular shall be enjoyed from the date on which Decision No. 241/2006/QĐ-TTg dated October 25, 2006, of the Government Prime Minister regarding the system of trial allowances comes into effect.
During the implementation process, if there are any difficulties, they are requested to be reported to the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Interior, the Ministry of Finance, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice for study and coordinated resolution./.
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: