Decision No. 41/2012/QĐ-TTG on the allowance system for participants in civil case hearings and meetings

Pursuant to …;

On the system of allowances for participants in court sessions and meetings to resolve civil matters

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

Pursuant to the Law on the Organization of the People's Courts 2002;

Pursuant to the Civil Procedure Code 2004;

Pursuant to the Ordinance on Judges and Associate Judges of the People's Courts 2002;

Pursuant to the Ordinance on Prosecutors of the People's Procuratorates 2002;

At the proposal of the President of the Supreme People's Court and the Prosecutor General of the Supreme People's Procuracy,

The Prime Minister issues this Decision on the allowance system for court sessions and meetings to resolve civil matters.

Article 1. Scope of Regulation and Applicability

This Decision stipulates the allowance system for judges; associate judges; prosecutors; court secretaries; police officers and security guards protecting court sessions, police escorting defendants and witnesses; experts and interpreters invited by the court; witnesses summoned by the court when participating in court sessions and meetings to resolve civil matters.

Article 2. Allowance System

1. The subjects specified in Article 1 of this Decision shall be entitled to allowances calculated based on actual days of participation in court sessions and meetings to resolve civil matters as follows:

a) A rate of 90,000 VND for the presiding judge;

b) A rate of 50,000 VND for judges and prosecutors;

c) A rate of 35,000 VND for court secretaries, police officers and security guards protecting court sessions, and police escorting defendants and witnesses;

d) A rate of 90,000 VND for associate judges, including working days spent researching files at all levels of courts;

đ) A rate of 70,000 VND for experts invited by the court to participate;

e) A rate of 50,000 VND for witnesses summoned by the court;

g) Interpreters of ethnic languages invited by the court to interpret during court sessions shall be entitled to an allowance equal to a maximum of 200% of the national minimum wage, calculated according to the number of days worked as prescribed by the State;

h) Foreign language interpreters invited by the court to interpret during court sessions shall be entitled to allowances as provided in current regulations of the Ministry of Finance regarding translation costs in reception expenses for foreign guests working in Vietnam and expenses for organizing international conferences and seminars in Vietnam;

2. Participants in proceedings at meetings to resolve civil matters shall be entitled to allowances equal to 50% of the allowances for participants in proceedings at court sessions as stipulated in Clause 1 of this Article;

3. Associate judges, experts, interpreters, and witnesses shall have their travel expenses reimbursed in accordance with current regulations.

Article 3. Sources of Funds

1. The financial resources for implementing the provisions of Article 2 of this Decision shall be allocated from the annual state budget in accordance with the laws on state budget.

2. The implementation of the allowance payment system shall be carried out as follows:

a) The court issuing a decision to bring the case to trial or convening a meeting to resolve civil matters shall pay allowances to judges, associate judges, court secretaries, experts, and interpreters and witnesses. Military courts issuing decisions to bring cases to trial shall pay allowances to police officers and security guards protecting court sessions and escorting defendants and witnesses to court;

b) The Procuracy shall pay allowances to prosecutors;

c) Police agencies assigning police officers to protect court sessions and police escorts to escort defendants and witnesses shall pay allowances to those assigned;

Article 4. Effective date

1. This Decision takes effect from January 1, 2013.

2. This Decision replaces Decision No. 241/2006/QĐ-TTg dated October 25, 2006 of the Prime Minister on the allowance system for court sessions.

Article 5. Responsibilities for Implementation

The President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees are responsible for enforcing this Decision./.