Order on Registration and Collection of Property Confiscated to the State by Court Judgment
关于将经法院判决没收为国有的财产登记入账归集的命令
ຄຳສັງ ວ່າດ້ວຍການຂຶນບັນຊີເຕົາໂຮມຊັບສິນທີສານຕັດສິນຣິບເປັນຂອງລັດ
Summary
The Prime Minister's Order (No. 07/General) requires that assets such as funds, gold, valuables, vehicles, and various equipment confiscated by court judgment to the state be registered with the finance department for unified management, allocation, use, and sale, with proceeds incorporated into the state budget.
Articles
Article 1
Order the judicial enforcement agency to submit all accounts and materials within its scope of duties concerning property confiscated to the State to the financial department, filled in according to the financial department's forms, for registration and entry as State property.
Article 2
The allocation, use, and sale of property confiscated as state property shall be carried out in accordance with the following provisions: — Property not connected to narcotics, after being correctly registered and recorded in the state property accounts, shall be transferred to the finance department at each level for reporting to its superior, in order to decide on the allocation, use, or sale of such state property, with the proceeds incorporated into the budget; — The agency executing the court judgment shall be required to report and provide information to the finance department within seven days from the date of recording the execution of the court judgment; — Various types of property connected to narcotics, including funds, after being correctly registered and recorded in the state property accounts, shall be reported by the finance department to its superior for a decision on the allocation, management, use, and sale. The proceeds from the sale of such property shall, in accordance with Article 50 of the Law on Narcotics and Article 6 of the Control, Interdiction, and Anti-Narcotics Fund, be allocated seventy percent to the Control, Interdiction, and Anti-Narcotics Fund and thirty percent to the state budget. The implementation of the Fund must strictly comply with Article 17 of the Decree on Funds and the Law on State Budget, to avoid off-plan expenditures and over-budget expenditures, and must coordinate with the finance department in preparing the Fund's revenue and expenditure plan, enabling it to correctly and legally record revenues and expenditures through the annual budget system. Central and local relevant agencies must proactively and cooperatively provide complete and timely information, including the contents of case files and final judgments or decisions of the court, to the finance department.
Article 3
Instruct all levels of financial departments to register and record various types of property confiscated as state property—primarily immovable property, movable property, funds, capital, equipment, and valuables that are not involved in drug cases—and report to the local administrative authorities and the government for consideration of allocation, use, or sale of such state property, with the proceeds uniformly incorporated into the budget as appropriate: — If the confiscated property is cash, it shall be directly incorporated into the budget through transfer by the financial department (Department of State Asset Management, Capital and Provincial State Asset Management Offices, District State Asset Management Sections); — Land and building-type property shall be registered first, then reported to higher authorities for consideration of leasing or concession matters, to incorporate the revenue into the budget or use it for national public works. The right to use such property shall never be granted to individuals unless approved by the government in accordance with Article 14, Clause X of the State Asset Law (Amended) No. 14/NA dated July 5, 2012; — Usable vehicles, machinery, and equipment-type property shall be studied and considered for priority allocation to departments that are in shortage and have needs, but the budget for new purchases of such departments shall be correspondingly reduced; — Equipment directly related to professional work, such as medical instruments, military weapons, and chemicals that cannot be allocated to other departments for use, shall be transferred to the relevant departments for continued management and use; — Valuable items shall undergo valuation of the property's worth, then be publicly auctioned and sold, with all proceeds incorporated into the budget.
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