Joint Circular No. 433/1997/TTLT/BTCCBCP-BTC-BTP of the Government Organizational and Cadre Affairs Council, Ministry of Finance, and Ministry of Justice guiding the implementation of the allowance system for officials and employees directly participating in compulsory enforcement of judgments.

JOINT CIRCULAR

Joint Circular No. 433/1997/TTLT/BTCCBCP-BTC-BTP dated September 25, 1997 issued by the Government Organizational and Cadre Affairs Commission, Ministry of Finance, and Ministry of Justice guiding the implementation of the allowance system for cadres and civil servants directly participating in enforcement proceedings

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Implementing Decision No. 242/TTg dated April 17, 1997 of the Prime Minister on the implementation of the allowance system for cadres and civil servants directly participating in enforcement proceedings; the Government Organizational and Cadre Affairs Commission, the Ministry of Finance, and the Ministry of Justice guide the implementation as follows:

I. OBJECTS OF THE ALLOWANCE LEVEL

Enforcement officers, execution officers, prosecutors, police, self-defense forces, representatives of local authorities, and social organizations directly participating in enforcement proceedings shall be entitled to the allowance at a rate of VND 20,000 per person per day. The number of participants and their components in enforcement proceedings shall be determined by the head of the enforcement agency in accordance with the circumstances.

II. SOURCES OF FUNDS FOR PAYING ENFORCEMENT ALLOWANCES

1. Source from the person subject to enforcement:

The person subject to enforcement must pay money to cover the allowance for the objects directly participating in enforcement proceedings as stipulated in Section I of this Circular (except in cases where the person subject to enforcement is exempted or granted relief from enforcement costs funded by the State budget as provided for in Point 2, Section II of this Circular).

2. The State budget will pay the enforcement allowance in the following cases:

The State budget will pay the enforcement allowance when the person subject to enforcement has genuine economic difficulties and cannot be collected, as prescribed by law.

For cases of exemption or relief, there must be confirmation from the People's Committee of the commune, ward, town where such person resides, or the head of the agency or unit where such person works, serving as the basis for considering the exemption or relief.

III- IMPLEMENTATION

1. Each year, the local civil enforcement agency shall prepare a budget estimate for the allowance paid by the State budget for enforcement proceedings and submit it to the Ministry of Justice for consolidation and submission to the Ministry of Finance to present to the Government. After the National Assembly approves the State Budget, the Government will announce the allowance for enforcement proceedings in the annual budget plan for the civil enforcement agencies.

The enforcement agency must ensure compliance with the provisions of this Circular when implementing the allowance system for cadres participating in enforcement proceedings, organize accounting and reporting according to the current administrative and public service accounting regulations.

In 1997, the funds for implementing the enforcement allowance system were included in the 1997 State budget plan that had been announced.

2. When enforcing the seizure of assets belonging to the parties involved, if the enforcement agency temporarily uses the State budget to pay the enforcement allowance, after selling the seized assets, the cost of the enforcement allowance must be deducted to repay the State budget.

3. The enforcement allowance is directly paid by the enforcement agency to the participants.

This Circular takes effect from May 2, 1997.

Any issues arising during implementation should be reported to the Joint Ministries for timely guidance.