Directive of the Minister of Justice on Financial Matters, Confiscation, and Transfer of Property in Execution of Court Judgments
司法部部长关于法院判决执行中财务、没收及移交财产工作的指示
ຄຳແນະນຳ ຂອງລັດຖະມົນຕີກະຊວງຍຸຕິທຳ ກ່ຽວກັບວຽກງານການເງິນ, ການຮິບ ແລະ ມອບຊັບ ໃນການຈັດຕັ້ງປະຕິບັດຄຳຕັດສີນຂອງສານ
Summary
This instruction, issued by the Minister of Justice (Kaysone Phomvihane), regulates the management of fees, funds, and property in the execution of court judgments, aiming to standardize, legalize, and make transparent the collection of fees, receipt, management, and delivery of funds, as well as state fines, confiscated amounts, taxes, and property confiscated and delivered to state management; it defines concepts of various fees and funds, fee responsibilities and accounting, calculation methods for each fee, receipt, management, and delivery of funds, management of fines, confiscations, and taxes, property confiscated and delivered to state management, and implementation organization.
Articles
Article 1
Purpose. This Directive aims to: provide a basis for the Court Judgment Enforcement Management Agency in tracking, inspection, and guidance; provide a basis for the Court Judgment Enforcement Agency to carry out financial work and handle property transferred to the state; ensure that the financial work of the Court Judgment Enforcement Agency is conducted in a standardized and transparent manner; create favorable conditions for Court Judgment Enforcement Officers to perform their duties promptly, correctly, and fairly, satisfying the parties to the case and participants in the enforcement.
Article 2
Concept – Expenses in Court Judgment Execution. Expenses in court judgment execution refer to consumable costs that must be paid when executing a court judgment, including: Fees for summons and document service; Fees paid to participants in court judgment execution; Fees for property auction announcements; Expenses for summoning the judgment debtor and seizing property; Relocation expenses; Document copying fees. 1.1 Fees for summons and document service: Refers to amounts payable for serving or depositing summons and documents related to court judgment execution. 1.2 Fees paid to execution participants: Refers to travel, accommodation, and daily meal expenses paid for participants in cases such as field inspections, data collection, property inventory listing, valuation, field training and education, or executing judgments at a specific location. 1.3 Auction announcement fees: Refers to amounts payable for announcing property auctions through mass media such as television, radio, newspapers, and magazines. 1.4 Expenses for summoning the judgment debtor and seizing property: Refers to travel, meal, and accommodation expenses paid for those executing the order and the summoned person, as well as relocation and transportation costs for the seized property, when summoning the judgment debtor or seizing property. 1.5 Relocation expenses: Refers to remuneration paid to individuals or legal entities responsible for dismantling objects or structures and transporting them, as well as storage costs for the relocated property. 1.6 Document copying fees: Refers to amounts payable for copying various types of documents such as notifications, applications, official letters, orders, or judgment execution records.
Article 3
Concept – Monies in the Execution of Court Judgments. Monies in the execution of court judgments refer to amounts stipulated in a court judgment to be paid by parties or third parties, including: compensation or restitution amounts, fines, confiscated amounts, and state taxes ordered by the court in civil and criminal cases. 2.1 Compensation or restitution amounts in civil and criminal cases: Compensation or restitution amounts in civil cases refer to amounts ordered by the court to be paid by the plaintiff, defendant, or third party in judgments of civil, commercial, labor, family, juvenile, and other cases; Compensation or restitution amounts in criminal cases refer to amounts ordered by the court in a final criminal judgment to be paid by the defendant, civilly liable person, or third party to the civil plaintiff, victim, or third party in accordance with the court judgment. 2.2 Fines: Refer to amounts stipulated in criminal judgments, as well as fine amounts arising from measures taken by the court judgment execution authority. 2.3 Confiscated amounts: Refer to amounts stipulated in criminal judgments and ordered by the court to be forfeited to the state. 2.4 Taxes: Refer to state taxes required to be paid pursuant to a court judgment, including: state taxes calculated based on the value of property ordered by the court, appeal fees, cassation request fees, and retrial request fees.
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