Circular No. 02/2009/TT-BCT guiding the allocation and use of financial support for directing and managing anti-smuggling, commercial fraud, and fake goods operations by the superior authority of the Market Management Force.

CIRCULAR

Guidelines for the allocation and utilization of funds to support the guidance and management of anti-smuggling, commercial fraud, and counterfeit goods activities by higher-level authorities of market management forces

Decree No. Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No.Decision No. 10/CP dated January 23, 1995 of the Government on the organization, tasks, and powers of Market Management and Decree No. Decree No. 27/2008/NĐ-CP dated March 13, 2008 of the Government amending and supplementing Decision No. 10/CP;

Pursuant to Circular No. 59/2008/TT-BTC dated July 4, 2008 of the Minister of Finance guiding the management and utilization of revenue from the handling of violations of laws in the field of anti-smuggling, commercial fraud, and counterfeit goods;

The Ministry of Industry and Trade guides the allocation and utilization of funds to support the guidance and management of anti-smuggling, commercial fraud, and counterfeit goods activities by higher-level authorities of market management forces 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.

This Circular provides guidelines for the allocation, management, and utilization of the portion of funds equivalent to 10% supporting the guidance and management work of higher-level authorities of market management forces according to the provisions at point a, Clause 2, Section II of Circular No. 59/2008/TT-BTC dated July 4, 2008 of the Ministry of Finance guiding the management and utilization of revenue from the handling of violations of laws in the field of anti-smuggling, commercial fraud, and counterfeit goods (hereinafter referred to as Circular No. 59).

II. SPECIFIC PROVISIONS

1. Allocation of Support Funds

a) The total amount of 30% (considered as 100%) extracted from the handling of violations of laws in the field of anti-smuggling, commercial fraud, and counterfeit goods by provincial and centrally-administered city Market Management Agencies includes (40%) and (60%) to be allocated for the contents specified in Clause 2, Section II of Circular No. 59.

b) The 10% portion within the 40% specified at point a, Clause 2, Section II of Circular No. 59 to support the guidance and management of anti-smuggling, commercial fraud, and counterfeit goods activities by higher-level authorities shall be allocated as follows:

- 4% remitted to the Market Management Department;

- 3% remitted to the Department of Industry and Trade;

- 3% retained by the Office of Provincial and centrally-administered city Market Management Agencies.

c) The time for extracting and allocating 10%: starting from the date when Circular No. 59 takes effect.

2. Management of Support Funds

The Ministry of Industry and Trade assigns the Director of the Market Management Department, the Director of the Department of Industry and Trade, and the Director of Provincial and centrally-administered city Market Management Agencies to manage the allocated source of funds (10%) according to the contents stipulated in this Circular.

3. Utilization of Support Funds:

The 10% submitted to the directing authority shall be used for the following purposes:

a) To reward collectives, individuals within the industry, and external collaborators who have achieved results in anti-smuggling, commercial fraud, and counterfeit goods work. Reward officers of the Market Management Department, the Office of Provincial and centrally-administered city Market Management Agencies, and the Office of the Department of Industry and Trade. The amount of the reward is determined by the head of the anti-smuggling agency based on the available funding;

b) To support research on drafting legal documents, developing plans and inspection control schemes, and professional exchanges both domestically and internationally regarding anti-smuggling, commercial fraud, and counterfeit goods work;

c) To support expenses for specialized conferences, mid-term and final reviews of anti-smuggling, commercial fraud, and counterfeit goods work;

d) To support communication and liaison work; purchasing communication equipment, paying rental fees, and using communication means to serve market management, anti-smuggling, and anti-counterfeit goods work;

đ) To supplement overtime allowances, and to support expenses for anti-smuggling, anti-counterfeit goods, and commercial fraud task forces;

e) Other support items; apart from the above contents, the head of the anti-smuggling agency (in accordance with the management and utilization authority of the funds stipulated in this Circular) may proactively decide to allocate support funds for related contents concerning the guidance and management of anti-smuggling, anti-counterfeit goods, and commercial fraud work and bear responsibility for their decisions.

III. IMPLEMENTATION

1. This Circular takes effect 45 days after its publication in the Official Gazette.

2. To strictly manage the source of funds extracted and utilized, the Ministry of Industry and Trade requests the Director of the Market Management Department, the Director of the Department of Industry and Trade, and the Director of Provincial and centrally-administered city Market Management Agencies to strictly implement Circular No. 59 guiding the management and utilization of revenue to ensure proper expenditure, economy, and effectiveness in serving anti-smuggling, commercial fraud, and counterfeit goods work.

Provincial and centrally-administered city Market Management Agencies (units establishing the fund) shall unify centralized management of the 30% funds, including the 30% funds submitted by Market Management Teams, and the 30% funds directly inspected and penalized by the Agency or coordinated with other inspection and supervision forces, established by the financial authority. Implement bookkeeping, accounting, and financial recording of these funds in accordance with the State Budget Law.

3. Quarterly, biannually, and annually, the Agency shall prepare reports on the results of inspections and penalties that have been financially recorded and reported to the Market Management Department and the Department of Industry and Trade on the situation of fund establishment and submission of 10% to the directing authority.

4. During implementation, if there are difficulties or obstacles, they should be promptly reflected to the Ministry of Industry and Trade for study and guidance./.