Circular No. 02/2008/TT-BTC guiding the preparation of budgets, management, and use of state budget funds to ensure criminal investigation work

CIRCULAR

Guidelines for the preparation of budgets, management, and utilization of state budget funds to ensure criminal investigation work

Guidelines for the preparation of budgets, management, and utilization of state budget funds to ensure criminal investigation work

Pursuant to the Criminal Procedure Code 2003;

Pursuant to the Law on the Organization of the People's Procuratorate 2002;

Pursuant to Decree No. 23/2004/PL-UBTVQH11 dated August 20, 2004 on the organization of criminal investigations;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Ministry of Finance provides guidelines for the preparation of budgets, management, and utilization of state budget funds to ensure criminal investigation work as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Objectives and scope of application:

These guidelines apply to criminal investigation activities under the People's Procuracy sector as prescribed by law.

2. Source of funds:

Funds ensuring criminal investigation work are guaranteed by the central budget and allocated within the annual regular budget estimates of the People's Procuracy at all levels.

II. SPECIFIC PROVISIONS

1. Content of expenditure:

a/ Expenditure on travel expenses for procuratorial officers and other staff participating in the criminal investigation process according to regulations.

b/ Allowances for witnesses and victims when summoned, including the following items:

- Transportation costs from their place of residence to the summoning location and vice versa.

- Room rental fees (if applicable).

- Meals.

- Compensation for lost wages during the time they are summoned.

c/ Expenses for forensic services (if applicable):

d/ Expenses for reenactment of the crime scene, reconstruction of the crime scene, identification, examination of the crime scene, autopsy, and organizing confrontation:

- Expenses for those directly involved in conducting and serving the reenactment of the crime scene, identification, examination of the crime scene, and autopsy.

- Costs for organizing, renting locations, equipment, and other expenses serving the reenactment of the crime scene, identification, examination of the crime scene, and autopsy.

đ/ Translation service fees, expenses for interpreters.

e/ Expenses for information sources related to investigative activities.

g/ Expenses during searches, arrests, and escorting suspects from the arrest location to temporary detention facilities (including food and medical expenses for suspects if applicable).

h/ Training and propaganda expenses regarding criminal investigation activities.

i/ Other expenses related to criminal investigation activities.

2. Specific expenditure levels:

a/ The above expenditures shall be implemented in accordance with current standards, specific as follows:

- For civil servants receiving salaries from the state budget who participate in investigations, searches, arrests, and escorts of suspects, travel expenses will be reimbursed according to the regulations of the Supreme People's Procuracy detailing the regulations of the Ministry of Finance on travel expense allowances for administrative agencies and public institutions nationwide.

- For expenses for forensic experts or organizations providing forensic services, they will be implemented according to the current system of allowances for judicial forensic experts.

- Night shift and overtime pay will be reimbursed according to current regulations.

- Training and conference expenses will be implemented according to current regulations.

- For other expenses such as office supplies, printing costs, video recording, photography, renting equipment to serve investigative activities... will be reimbursed based on specific requirements and actual expense receipts and must be approved by the competent authority before implementation.

b/ In addition to the above provisions, this Circular specifies certain special expenses in criminal investigation work, specifically as follows:

- Food expenses for witnesses and victims:

When witnesses and victims are summoned by the Procuracy to provinces and centrally-administered cities, the maximum daily expense per person does not exceed 50,000 VND.

For witnesses and victims summoned by the Procuracy to Hanoi and Ho Chi Minh City, the maximum daily expense per person does not exceed 60,000 VND.

- Travel and accommodation expenses (if applicable) for witnesses and victims when summoned by the People's Procuracy: Depending on the actual situation, the Procuracy Heads at all levels will decide on the travel and accommodation expenses (if applicable) for witnesses and victims but not exceeding the level specified by the Supreme People's Procuracy detailing the regulations of the Ministry of Finance on travel expense allowances for administrative agencies and public institutions nationwide.

- Compensation for lost working days for witnesses and victims not receiving salaries from the State Budget during the time they are summoned, decided by the People's Procuracy at all levels based on the average income calculated per day of general labor in the locality and the average income of the profession of the witness or victim.

- Allowance for support forces when performing tasks as required by the People's Procuracy at all levels: The maximum amount does not exceed 50,000 VND/person/session.

- Translation expenses:

+ Written translation: The cost ranges from 50,000 VND/page to 70,000 VND/page (approximately 300 words).

+ Oral translation:

. Foreign language translation: The maximum amount does not exceed 80,000 VND/hour/person;

. Ethnic language or sign language interpretation: 25,000 VND/hour/person.

- Expenses for information sources related to investigative activities:

Within the allocated budget estimate, the Procuracy Heads at all levels will decide on the expenditure level for information sources based on the nature and requirements of the information needed to serve investigative activities and bear responsibility for their decisions.

When prices fluctuate, based on budget capacity and actual conditions, the Procuracy Heads at all levels will specify the specific expenditure level but not exceeding 20% of the maximum expenditure level stipulated in this Circular.

3. Preparation of budgets, management, and settlement of funds ensuring criminal investigation work:

The preparation of budgets, management, and settlement of funds ensuring criminal investigation work shall be carried out in accordance with the State Budget Law and guiding documents of the Law.

III. IMPLEMENTATION

This Circular shall take effect fifteen days after its publication in the Official Gazette. As for the year 2008, the People's Military Procuratorates at all levels shall proactively arrange within the state budget estimate for 2008, which has been assigned by the competent authority, to implement.

The Central Military Procuracy shall apply the contents and expenditure levels prescribed in this Circular when conducting criminal investigation activities as provided by law.

During implementation, if there are any difficulties, please reflect them to the Ministry of Finance for consideration and appropriate amendments./.