Chương 5 Nghị định 37/2005/NĐ-CP: Chi phí cưỡng chế hành chính

Chapter V

ADMINISTRATIVE-COERCION EXPENSES

Article 39.- Determination of expenses for administrative-coercion activities

1. Expenses for administrative-coercion activities shall be determined on the basis of actual expenses arising in the course of executing the administrative-coercion decisions, compatible with the prices in each locality.

2. Expenses for administrative-coercion activities shall cover:

a) Expense for mobilization of people for enforcement of coercion decisions;

b) Remuneration paid to pricing specialists to organize auctions, expenses for organization of property auction;

c) Rentals of means for dismantlement and transportation of things and assets;

d) Expense for hiring of persons to keep or preserve distrained properties;

e) Other actual expenses (if any).

Article 40.- Advance and reimbursement of administrative-coercion expenses

1. Expenses for administrative-coercion activities may be advanced from the state budget and reimbursed immediately after money is collected from individuals or organizations subject to administrative coercion.

2. The Finance Ministry shall have to guide the management, allocation, advance, recovery, exemption, reduction of expenses for administrative-coercion activities according to provisions of legislation on state budget.

Article 41.- Payment of administrative-coercion expenses

All expenses for administrative-coercion activities shall be paid by coerced individuals or organizations. If such individuals or organizations fail to voluntarily reimburse coercion expenses, the persons competent to issue coercion decisions may issue decisions on coercion with measures provided for in Clauses 1 and 2, Article 2 of this Decree.

Article 42.- Exemption, reduction of administrative-coercion expenses

1. Individuals subject to administrative coercion, if actually meeting with difficulty and being incapable of paying part or whole of coercion expenses and filing their written exemption or reduction applications certified by commune-level People’s Committees, may be considered for exemption or reduction of part or whole of administrative-coercion expenses.

2. Persons competent to issue administrative-coercion decisions are entitled to consider the exemption, reduction of administrative-coercion expenses.