Decision No. 136/2005/QĐ-TTg on financial support from the state budget for civil enforcement proceedings

 

Pursuant to …;

Regarding financial support from the state budget for enforcement of civil judgments

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

WHEREAS, the Law on the State Budget dated December 16, 2002;

Pursuant to the Civil Enforcement Law dated January 14, 2004, and Decree No. 173/2004/NĐ-CP dated September 30, 2004 of the Government on procedures, coercive measures, and administrative penalties in civil enforcement;

Considering the proposal of the Minister of Finance and the Minister of Justice.

DECISION:

Article 1. Subjects eligible for financial support for enforcement

1. The subjects eligible for financial support to fulfill their obligations under a civil judgment are organizations established by the State and operating entirely with funds provided by the state budget (hereinafter referred to as the organization subject to enforcement), including:

c) Land users as prescribed by the Land Law.

b) Political organizations, political-social organizations, and units under such organizations operating entirely with funds provided by the state budget;

c) Public service units established by the State and fully funded by the state budget;

d) Units under the armed forces fully funded by the State.

2. In cases where the organization subject to enforcement, as stipulated in Clause 1 of this Article, has been divided, dissolved, or liquidated before completing its enforcement obligations, or state-owned enterprises have been liquidated, declared bankrupt, divided, or privatized, the enforcement obligation shall be transferred according to Article 3 of Decree No. 173/2004/NĐ-CP and Article 31 of the Civil Enforcement Law. If the organization receiving the enforcement obligation falls within the scope defined in Clause 1 of this Article and meets the conditions specified in Article 2 of this Decision, it will be eligible for financial support for enforcement.

Article 2. Conditions for eligibility for financial support for enforcement

Organizations subject to enforcement as stipulated in Article 1 of this Decision shall be eligible for financial support to fulfill their enforcement obligations if they meet the following conditions:

1. The enforcement of the judgment significantly affects the organization's ability to perform assigned tasks; requires cessation of operations; dissolution, or impacts national security, defense, and public order.

2. After applying all necessary financial measures as prescribed by law, the organization subject to enforcement still lacks the capacity to fulfill its enforcement obligations or can only partially fulfill them.

Article 3. Scope of financial support for enforcement

1. Financial support for enforcement shall only be provided for payment of enforcement costs to the party entitled to enforcement.

2. Financial support for enforcement shall not be provided for amounts payable to the state budget and other agencies involved in litigation and enforcement proceedings, including:

a) court fees and registration fees;

b) fines, confiscation proceeds, tax arrears, and illicit gains;

c) expenses related to organizing enforcement that fall under the responsibility of the organization subject to enforcement.

3. Financial support for enforcement shall not be used for other purposes.

Article 4. Level of financial support for enforcement

1. The level of financial support for enforcement shall be determined based on reviewing the application for financial support for enforcement, the results of implementing financial measures for enforcement, the actual financial situation of the organization subject to enforcement, and the capacity of the state budget to provide support.

2. The maximum level of financial support for enforcement shall not exceed the total value of the obligations owed to the party entitled to enforcement.

3. In cases where the state budget does not provide support or only provides partial support for enforcement, the organization subject to enforcement must still fully fulfill its enforcement obligations. The enforcement of remaining amounts or assets shall be carried out in accordance with current laws on civil enforcement.

4. Financial support for enforcement may be provided in one lump sum or in installments, but not exceeding 12 months from the date the competent authority decides to provide financial support for enforcement.

Article 5. Financial Support Procedures for Enforcement of Judgments

1. For organizations subject to enforcement that are central budget units.

a) The organization subject to enforcement shall prepare a file requesting financial support from the central budget for enforcement and submit it to the direct superior management agency for review and consolidation, which will then forward it to the relevant ministry or central agency of the organization subject to enforcement;

b) Within thirty days from the date of receipt of the file and request from the subordinate organization subject to enforcement, the ministries and central agencies of the organization subject to enforcement shall be responsible for reviewing the conditions and examining the level of requested financial support for enforcement and submitting it to the Ministry of Finance;

c) Within thirty days from the date of receipt of the file and recommendation from the ministries and central agencies of the organization subject to enforcement, the Ministry of Finance shall be responsible for considering and deciding on or presenting to the Prime Minister for decision on financial support for enforcement. Such financial support for enforcement must be simultaneously notified to the enforcement agency and the organization subject to enforcement for implementation.

2. For organizations subject to enforcement that are local budget units.

a) The organization subject to enforcement shall prepare a file requesting financial support from the local budget for enforcement and submit it to the same-level finance agency;

b) Within thirty days from the date of receipt of the file and request from the organization subject to enforcement, the same-level finance agency of the organization subject to enforcement shall be responsible for reviewing the conditions and examining the level of financial support for enforcement and presenting it to the same-level People's Committee;

c) Within thirty days from the date of receipt of the file and recommendation from the finance agency, the same-level People's Committee of the organization subject to enforcement shall be responsible for basing on current regulations on local budget decentralization, considering and deciding on financial support from the local budget for enforcement or presenting it to the higher-level People's Committee for decision. Such financial support for enforcement must be simultaneously notified to the enforcement agency and the organization subject to enforcement for implementation.

3. The file requesting financial support for enforcement includes:

a) A document from the organization subject to enforcement requesting financial support for enforcement submitted to the competent state agency;

b) An effective civil judgment or decision;

c) The enforcement decision;

d) Documents proving the financial situation of the organization subject to enforcement;

đ) A detailed list of amounts subject to enforcement (excluding amounts required to be paid according to Clause 2, Article 3 of this Decision) and the level of requested support;

e) A report on the application of necessary financial measures;

g) Other related documents.

Article 6. Authority to Decide on Financial Support for Enforcement

1. The financial support for enforcement for organizations subject to enforcement that are under central management shall be guaranteed by the central budget; the financial support for enforcement for organizations subject to enforcement that are under local management shall be guaranteed by the local budget.

2. The Minister of Finance decides on financial support from the central budget for amounts up to 1,000,000,000 VND (one billion VND).

3. The Prime Minister decides on financial support from the central budget for amounts over 1,000,000,000 VND (one billion VND) upon the recommendation of the Minister of Finance.

4. The Chairman of the People's Committees at all levels decides on financial support from the local budget according to the current budget decentralization.

Article 7. Budgeting, allocation, and settlement of funds for enforcement support

1. Annually, based on the actual budget for enforcement support in the previous year and the projected budget for enforcement support in the planned year, financial authorities at all levels shall allocate the budget for enforcement support within the non-budgetary expenditure plan to be submitted to the competent state authority for approval.

2. Based on the decision of the authorized person regarding financial support for enforcement, the Ministry of Finance shall allocate funds to the organizations responsible for enforcement that are central budget units; the financial authority at the same level of the organization responsible for enforcement shall allocate funds to the organizations responsible for enforcement that are local budget units.

3. The settlement of funds for enforcement support shall be carried out according to the current financial management system.

Article 8. Responsibility for Repaying Financial Support for Enforcement to the State Budget

1. Organizations responsible for enforcement have the responsibility to recover and remit to the state budget the amount of money and property of the person causing damage that must be repaid as prescribed by law. The amount of money and property recovered from the person causing damage in organizations responsible for enforcement under central management must be remitted to the central budget; the amount of money and property recovered from the person causing damage in organizations responsible for enforcement under local management must be remitted to the local budget.

2. The method and extent of repayment shall be implemented in accordance with the provisions of the law on repayment of compensation for damages caused by civil servants, public officials, or authorized persons of judicial proceedings.

Article 9. Handling Violations and Resolving Complaints and Allegations

Persons responsible for financial support for enforcement who violate the provisions of this Decision shall be subject to disciplinary action, administrative penalties, or criminal prosecution; if damage is caused, they must compensate according to the provisions of the law.

All complaints and allegations related to financial support for enforcement must be resolved promptly in accordance with the law on complaints and allegations.

Article 10. Implementation Organization

This decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. The Minister of Finance shall be responsible for guiding the implementation of this Decision.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial people's committees directly under the Central Government shall be responsible for organizing the implementation of this Decision.