Expenditure on Management, Guidance, Direction of Professional Activities, and Organization of Civil Judgment Enforcement

Circular 43/2018/TT-BQP stipulating expenditure content, spending levels to ensure activities related to the enforcement of judgments, and funds for enforcing civil judgment execution was issued on March 20, 2018. Noteworthy are the expenditure content for management, guidance, operational direction, and organization of civil judgment execution activities.

To be specific, according to Clause 9, Article 4 of Circular 43/2018/TT-BQP, the management, guidance, professional direction, and organization of civil judgment execution (THADS) expenses include:

  1. Remuneration for individuals involved in the process of verifying execution conditions, notifying the execution; applying measures to ensure execution; executing decisions on applying provisional emergency measures of the court; remuneration as specified in point a, clause 2, Article 13 of Circular 200/2016/TT-BTC.

  2. Expenses for meetings related to directing, resolving, and organizing the execution of complicated, important judgment cases; remuneration for survey members to gather information; inspection, supervision, and audit activities of civil judgment execution; drafting professional guidance documents, and professional experience review meetings; remuneration as specified in point b, clause 2, Article 13 of Circular 200/2016/TT-BTC.

  3. Remuneration for execution officers directly involved in file preparation, participating in exemption or reduction of execution, amnesty; members engaged in asset handover per the judgment, handing over assets post-auction when the person obligated to execute voluntarily surrenders the assets; remuneration as specified in point c, clause 2, Article 13 of Circular 200/2016/TT-BTC.

  4. Hiring ethnic language or foreign language interpreters; hiring individuals to provide information related to persons or assets subject to execution, guides during inspection, verification, and execution; remuneration as specified in point g, clause 2, Article 13 of Circular 200/2016/TT-BTC.

  5. Purchasing materials and necessary items for verification activities, civil judgment execution; renting transportation, protective equipment, firefighting, and medical costs; renting storage, warehousing, demolition equipment, transport, and custody of evidentiary items and assets for execution; preservation of assets, evidentiary items, livestock, and plants as assets ensuring execution; renting venues and sources for asset and property sales; hiring auction services for execution assets; expenses as incurred, payments according to invoices, receipts, or contracts (if any).

  6. Expenses for judicial assistance activities as prescribed by law; remuneration as stipulated in Inter-Ministerial Circular 12/2016/TTLT-BTP-BNG-TANDTC on procedures for judicial assistance in civil matters.

  7. Expenses for travel, meals, and accommodation for individuals not receiving state budget salaries to participate in verification and execution activities upon the request of the execution agency; expenses as stipulated by the State and Ministry of Defense; payments according to invoices, receipts, or contracts (if any).

  8. Expenses for publicizing information about the obligor, notices regarding civil judgment execution on mass media; postage, direct notifications; expenses as incurred, payments according to invoices, receipts, or contracts (if any).

  9. Compensation for material damage caused by unlawful conduct by public duty performers is implemented according to the provisions of the Law on State Compensation Liability.

  10. Hiring expert consultants for complicated cases: Remuneration as specified in point e, clause 2, Article 13 of Circular 200/2016/TT-BTC.

For more details on the expenses and remuneration for civil judgment execution activities, refer to Circular 43/2018/TT-BQP effective from May 5, 2018.

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