JOINT CIRCULAR No. 433-TTLT stipulates the subsidy regime for officials and employees directly participating in enforcement of court orders, applicable from 1997. The subsidy amount is VND 20,000/person/day, with funding sources being payments from those subject to enforcement or state budget funds in special cases.
适用范围
Enforcement officers, execution officers, prosecutors, police, self-defense militia, local government representatives, and social organization representatives directly participating in enforcement of court orders.
要点
- Execution officers, enforcement officers, prosecutors, police, self-defense militia, local government representatives, and social organization representatives directly participating in enforcement of court orders are entitled to a subsidy of VND 20,000/person/day.
- Those subject to enforcement must pay money to cover the subsidy costs for the above-mentioned individuals, except in cases where they are exempted according to the law.
- If those subject to enforcement genuinely have financial difficulties and cannot pay, the state budget will cover the subsidy costs for enforcement of court orders.
- Local civil enforcement agencies prepare annual budgets for subsidies paid from the state budget for enforcement of court orders, which are submitted to the Ministry of Justice for consolidation and presentation to the Government for approval.
- After selling assets following enforcement seizure, enforcement agencies must deduct the subsidy costs for enforcement of court orders to repay them to the state budget.
🌐 本文件的社会影响
- Positive impact: Ensures the rights of officials and employees directly involved in enforcement work, enhancing the effectiveness of their tasks.
- Negative impact: Subsidy costs may increase the financial burden on those subject to enforcement and the state budget.
❓ 常见问题
What is the subsidy amount?
The subsidy amount is VND 20,000/person/day, applicable to individuals directly participating in enforcement of court orders.
Who is eligible for the subsidy?
Execution officers, enforcement officers, prosecutors, police, self-defense militia, local government representatives, and social organization representatives directly participating in enforcement of court orders.
When does the state budget pay the subsidy?
The state budget will pay the subsidy when those subject to enforcement genuinely have financial difficulties and cannot pay, as provided by law.
Which agency prepares the subsidy budget estimate?
Local civil enforcement agencies annually prepare budget estimates for subsidies paid from the state budget for enforcement of court orders and submit them to the Ministry of Justice for consolidation.
When did this circular take effect?
This circular took effect from May 2, 1997.
全文
JOINT CIRCULAR
Guidelines for implementing the system of allowances for officials and staff directly participating in enforcement actions to execute judgments
Officials and staff directly participating in enforcement actions to execute judgments
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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 officials and staff directly participating in enforcement actions to execute judgments; the Government's Organization and Cadre Department, Ministry of Finance, and Ministry of Justice provide guidelines as follows:
I. OBJECTS ELIGIBLE FOR ALLOWANCE LEVELS
Enforcement officers, execution officers, prosecutors, police, self-defense forces, representatives of local authorities, social organizations, directly participating in enforcement actions to execute judgments shall be entitled to allowances at a rate of VND 20,000 per person per day. The number of people and components participating in enforcement actions to execute judgments shall be determined by the head of the judgment enforcement agency as appropriate.
II. SOURCES OF FUNDS TO PAY ENFORCEMENT ALLOWANCES
1. Funds from the person subject to enforcement:
The person subject to enforcement must pay money to cover the allowance costs for the objects directly participating in enforcement actions to execute judgments as stipulated in Section I of this Circular (except in cases where the person subject to enforcement is exempted or reduced in enforcement costs paid by the state budget as provided for in Point 2, Section II of this Circular).
2. State budget funds will pay enforcement allowances in the following circumstances:
The state budget will pay enforcement allowances when the person subject to enforcement genuinely has economic difficulties and cannot be collected, and is exempted or reduced according to the provisions of the law.
For cases of exemption or reduction, there must be confirmation from the People's Committee of the commune, ward, town where that person resides, or the head of the agency or unit where that person works as the basis for considering exemptions or reductions.
III- IMPLEMENTATION
1. Each year, the local civil judgment enforcement agency will prepare a budget estimate for the allowance payment for enforcement actions to execute judgments funded by the state budget 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 budget for enforcement actions to execute judgments in the annual state budget expenditure plan for the judgment enforcement agencies.
The judgment enforcement agency must ensure compliance with the allowance system for officials participating in enforcement actions to execute judgments as stipulated in this Circular, organize accounting and reporting settlement according to the current accounting regulations for administrative and public service units.
In 1997, the portion of the budget funds for implementing the allowance system for enforcement actions to execute judgments will be included in the 1997 state budget plan that has been announced.
2. When enforcing the seizure of assets of the parties involved, if the judgment enforcement agency temporarily advances the allowance costs for enforcement actions to execute judgments from the state budget, then after selling the seized assets, the allowance costs for enforcement actions to execute judgments must be deducted to repay the state budget.
3. The allowance system for enforcement actions to execute judgments is directly paid by the judgment enforcement agency to the participants.
This Circular takes effect from May 2, 1997.
During the implementation process, if there are any difficulties, they should be reported to the Joint Ministries for timely guidance.
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