JOINT CIRCULAR No. 03/2005/TTLT/BCA-BTC-BLDTBXH-BQP Circular guiding the implementation of certain points of Decree No. 103/2002/NĐ-CP dated December 17, 2002 on compensation and assistance for individuals, families, agencies, and organizations participating in drug prevention and control that have suffered losses to life, health, and property.

JOINT CIRCULAR

Issued by the Ministry of Public Security - Ministry of Finance - Ministry of Labor, Invalids and Social Affairs - Ministry of National Defense Decision No. 03/2005/TTLT-BCA-BTC-BLDTBXH-BQP dated June 6, 2005

||| “Guidelines on Implementing Certain Points of Government Decree No. 103/2002/NĐ-CP dated December 17, 2002 Regarding Compensation and Allowance for Individuals, Families, Agencies, and Organizations Participating in Anti-Narcotics Activities Suffering Losses to Life, Health, and Property”

||| On December 17, 2002, the Government issued Decree No. 103/2002/NĐ-CP regarding compensation and allowance for individuals, families, agencies, and organizations participating in anti-narcotics activities suffering losses to life, health, and property (hereinafter referred to as Decree 103). The Ministry of Public Security, the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of National Defense hereby provide unified guidelines for implementing certain points of this Decree as follows:

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||| I. SCOPE OF PERSONS ELIGIBLE FOR COMPENSATION AND ALLOWANCE

||| 1. Individuals, families, agencies, and organizations, including foreign individuals and organizations residing or operating within the territory of Vietnam, who have voluntarily participated or been required by competent authorities to participate in preventing and combating drug addiction, drug-related crimes, and violations of laws on preventing and combating drugs and suffered losses to life, health, and property (hereinafter referred to as victims) shall be eligible for compensation and allowance according to the provisions of this Circular; if international treaties to which Vietnam is a party provide otherwise, such treaties shall apply.

||| 2. Victims and civil plaintiffs in drug-related cases who have actively assisted competent authorities in investigating and handling cases and suffered losses to life, health, and property but not directly caused by drug offenders shall also be eligible for compensation and allowance according to this Circular.

||| II. AUTHORITIES RESPONSIBLE FOR HANDLING COMPENSATION AND ALLOWANCE AND THEIR JURISDICTION IN HANDLING COMPENSATION AND ALLOWANCE

||| A. Authorities responsible for handling compensation and their jurisdiction in handling compensation for victims suffering property losses from participating in anti-drug activities

||| 1. Authorities responsible for handling compensation for victims suffering property losses from participating in anti-drug activities (hereinafter referred to as victims with property losses) include:

||| a. Directly involved investigative agencies:

||| - The Drug Crime Investigation Bureau under the Ministry of Public Security, the Provincial Police Department's Drug Crime Investigation Division, or the County Police Department's Drug Crime Investigation Team or other investigation teams performing drug crime investigation functions (hereinafter referred to as provincial level and county level respectively);

||| - Military Criminal Investigation Agencies at various levels, Border Guard Investigation Service, Border Guard Prevention and Control of Drug Crimes Service, Border Guard Provincial Units, and Border Guard Posts;

||| - Customs Investigation and Anti-Smuggling General Department, Provincial Customs Departments, Inter-Provincial Customs Departments, and Central City Customs Departments, and Customs Gate Inspection Units.

||| In cases where the case is discovered by another unit in the People's Public Security or the People's Army, that unit shall be responsible for transferring relevant materials and items related to the property loss of the victim to the investigative agency in the People's Public Security or the People's Army, or the Border Guard Unit with authority to accept and handle the case for consideration and resolution.

||| b. Provincial People's Committees and County People's Committees shall handle compensation for victims with property losses for other drug-related incidents occurring in their localities but not within the jurisdiction of the agencies mentioned above.

||| 2. Jurisdiction in handling compensation for victims with property losses shall be implemented as follows:

||| a. The head of the County-level Criminal Investigation Agency of the Public Security and the head of the Military Criminal Investigation Agency in the region shall decide on compensation for victims with property losses up to 2,000,000 (two million) VND for cases handled by their own units;

||| b. The head of the Criminal Investigation Agency under the Ministry of Public Security and at the provincial level, the head of the Military Criminal Investigation Agency at the Military Region and equivalent level shall decide on compensation for victims with property losses up to 5,000,000 (five million) VND for cases handled by their own units;

||| c. The Director-General of the General Bureau of Criminal Investigation under the Ministry of Public Security, the Director of the Provincial Public Security, the head of the Military Criminal Investigation Agency, the head of the Border Guard Investigation Service, the head of the Border Guard Prevention and Control of Drug Crimes Service, the head of the Provincial Customs Department, the head of the Inter-Provincial Customs Department, the head of the Central City Customs Department, the head of the Customs Investigation and Anti-Smuggling General Department, and the Commander of the Provincial Border Guard shall decide on compensation for victims with property losses up to 10,000,000 (ten million) VND for cases handled by the investigative agencies, specialized units against drug crimes, or Border Guard units, customs agencies under their jurisdiction;

||| d. The Chairman of the County People's Committee shall decide on compensation for victims with property losses up to 10,000,000 (ten million) VND for other drug-related incidents occurring in their locality;

||| đ. The Minister of Public Security, the Minister of National Defense, and the Minister of Finance shall decide on compensation for victims with property losses of 10,000,000 (ten million) VND or more for cases handled by investigative agencies, specialized units against drug crimes, or Border Guard units, customs agencies under their jurisdiction;

||| c. The Chairman of the Provincial People's Committee shall decide on compensation for victims with property losses of 10,000,000 (ten million) VND or more for other drug-related incidents occurring in their locality.

||| B. Authorities responsible for handling allowances and their jurisdiction in handling allowances for victims injured or harmed to health from participating in anti-drug activities

||| 1. Authorities responsible for handling allowances for victims injured or harmed to health from participating in anti-drug activities (hereinafter referred to as victims with injuries or harm to health) include:

1. The authorities responsible for granting allowances to individuals who have been injured or harmed in health due to participating in drug prevention and control activities (hereinafter referred to as individuals who have been injured or harmed in health) include:

||| - The Drug Crime Investigation Bureau under the Ministry of Public Security, the Provincial Police Department's Drug Crime Investigation Division, or the County Police Department's Drug Crime Investigation Team or other investigation teams performing drug crime investigation functions (hereinafter referred to as provincial level and county level respectively);

- The Drug Crime Investigation Division under the Ministry of Public Security, the Provincial Drug Crime Investigation Police Department, the Drug Crime Investigation Team, or another investigation team shall perform the function of investigating drug-related crimes at the county-level police force;

- Criminal investigation agencies at various levels within the People's Army, the Border Guard Reconnaissance Bureau, the Border Guard Anti-Drug Crime Prevention Bureau, the provincial border guard units, and border guard posts;

||| In cases where the case is discovered by another unit in the People's Public Security or the People's Army, that unit shall be responsible for transferring relevant materials and items related to the property loss of the victim to the investigative agency in the People's Public Security or the People's Army, or the Border Guard Unit with authority to accept and handle the case for consideration and resolution.

In cases where drug-related incidents are discovered by other units within the Public Security Force or the People's Army, those units shall be responsible for transferring relevant documents and items related to damages caused by injuries or health harm to the victims to the criminal investigation agency within the Public Security Force, the People's Army, or the border guard unit with authority to accept and handle such cases;

b. The People's Committee of the province and the People's Committee of the county shall provide compensation to individuals who have been injured or suffered health damage in other drug-related incidents occurring in their respective localities;

2. The authority to provide compensation to individuals who have been injured or suffered health damage shall be implemented as follows:

a. The head of the County-level Criminal Police Investigation Agency, and the head of the Military Criminal Investigation Agency in the region shall decide on compensation up to VND 2,000,000 (two million dong) per individual for cases handled by their own units;

b. The head of the Criminal Police Investigation Agency under the Ministry of Public Security and at the provincial level, the head of the Military Criminal Investigation Agency in the military region and equivalent, and the Director of the Drug Crime Investigation Bureau under the Ministry of Public Security shall decide on compensation up to VND 5,000,000 (five million dong) per individual for cases handled by their own units;

c. The Director General of the National Police Criminal Investigation Bureau under the Ministry of Public Security, the Director of the provincial public security bureau, the head of the Military Criminal Investigation Bureau, the Director of the Border Guard Police Bureau, the Director of the Border Guard Anti-Drug Crime Prevention Bureau, the Director of the Customs Investigation Bureau against Smuggling, and the Director of the provincial customs bureau, and the Commander of the provincial border guard unit shall decide on compensation up to VND 10,000,000 (ten million dong) per individual for cases handled by the investigation agency, specialized units in preventing and combating drug-related crimes, or border guard units, customs agencies under their jurisdiction;

d. The Chairman of the People's Committee of the county shall decide on compensation up to VND 10,000,000 (ten million dong) per individual for other drug-related incidents occurring in their locality;

đ. The Minister of Public Security, the Minister of National Defense, and the Minister of Finance shall decide on compensation from VND 10,000,000 (ten million dong) per individual upwards for cases handled by the investigation agency, specialized units in preventing and combating drug-related crimes, or border guard units, customs agencies under their jurisdiction;

e. The Chairman of the People's Committee of the province shall decide on compensation from VND 10,000,000 (ten million dong) per individual upwards for other drug-related lawsuits occurring in their locality;

C. Agencies responsible for resolving compensation and the authority to resolve compensation for individuals who have suffered property damage due to participation in anti-drug activities

1. The provincial labor, war invalids, and social affairs department where the case is handled shall be responsible for examining and resolving all requests for compensation for individuals who have suffered property damage due to participation in anti-drug activities (hereinafter referred to as individuals suffering property damage). In cases where the case is handled by central agencies, the labor, war invalids, and social affairs department where the incident occurred shall be responsible for examining and resolving compensation for individuals suffering property damage;

2. The authority to resolve compensation for individuals suffering property damage shall be implemented as follows:

a) The Director of the Labor, War Invalids, and Social Affairs Department shall decide on compensation for property damage up to VND 10,000,000 (ten million dong) per individual;

b) For cases requiring an increase in compensation for property damage from VND 10,000,000 (ten million dong) per individual upwards, the Director of the Labor, War Invalids, and Social Affairs Department shall transfer the file to the Minister of Labor, War Invalids, and Social Affairs for examination and decision, but not exceeding VND 50,000,000 (fifty million dong) per individual;

III. REGIME FOR COMPENSATING PROPERTY DAMAGE DUE TO PARTICIPATION IN ANTI-DRUG ACTIVITIES

1. Property damage due to participation in anti-drug activities (hereinafter referred to as property damage) includes:

a. Lost, destroyed, or damaged property

b. Reasonable costs to prevent, limit, and mitigate damage.

2. The value of property damage shall be determined based on the market price of the property in the locality at the time of damage, after deducting depreciation of the property. If the damaged property can be restored to its original condition, it shall be compensated sufficiently to restore the original condition. If the property is lost or cannot be restored to its original condition, it shall be compensated in cash or with property of equivalent value.

3. Procedures for resolving compensation for property damage shall be carried out as follows:

Upon receiving a request for compensation from the individual suffering property damage or their lawful representative, the agency specified in Clause 1, Section A, Part II of this Circular shall, within the latest 15 working days, propose the competent authority specified in Clause 2, Section A, Part II of this Circular to decide on compensation for property damage. In necessary cases, the head of the agency specified in Clause 1, Section A, Part II of this Circular may establish an Advisory Board to examine and resolve compensation for property damage. The Advisory Board to examine and resolve compensation for property damage shall include:

a. A representative of the agency responsible for resolving compensation for property damage specified in Clause 1, Section A, Part II of this Circular as the Chairman of the Board;

b. A representative of the finance agency;

c. A representative of the relevant scientific and technical agency.

The Advisory Council for Compensation Review has the duty to examine, inspect, assess damages, and recommend compensation levels. The Council discusses and concludes by majority vote; the minutes of the meeting are transferred to the authority specified in Clause 2 Section A Part II of this Circular for decision.

The person suffering damage or their lawful representative may be invited to attend the Advisory Council's meetings on compensation review to express opinions; their opinions are recorded in the minutes.

IV. COMPENSATION REGIME FOR PERSONS INJURED OR DAMAGED TO HEALTH, AND FOR PERSONS WHO HAVE SUFFERED DAMAGE TO LIFE

A. Compensation regime for persons injured or damaged to health

1. Damages due to injury or damage to health considered for compensation include:

a. Actual and reasonable costs for medical treatment, care, rehabilitation, and recovery of lost or diminished functions of the injured party, including: drug costs, hospital fees, other expenses (if any);

b. Actual and legitimate income losses suffered by the injured party; if the actual income of the injured party is unstable and cannot be determined, then the average income level of similar workers in the locality shall be applied.

2. Compensation for persons injured or damaged to health is provided once in cash but not exceeding a maximum of 20,000,000 (twenty million) dong per individual. In cases where compensation is from 10,000,000 (ten million) dong per individual or more, the agencies specified in Clause 1 Section B Part II of this Circular must establish an Advisory Council for Compensation Review. The Advisory Council for Compensation Review includes members as stipulated in Clause 3 Part III of this Circular and representatives of related health authorities.

3. The procedures and formalities for providing compensation to persons injured or damaged to health are carried out according to the provisions of Clause 3 Part III of this Circular. In cases where the competent authority for compensation is the People's Committee, the agency or organization that initially discovered or received the case has the responsibility to transfer relevant materials and items related to injuries or damage to health of participants in anti-drug activities to the Department of Labor, Invalids, and Social Affairs for examination and processing to submit to the Chairman of the People's Committee with authority for decision on compensation.

B. Compensation regime for cases involving damage to life

1. Damages involving damage to life considered for compensation include:

a. Actual and reasonable costs for medical treatment, care, and support for the person whose life was damaged before death, including: drug costs, hospital fees, costs for caregivers, and other expenses (if any);

b. Actual and reasonable costs for funeral arrangements, including: rental car fees, coffin purchase fees, incense and candle purchase fees, shroud purchase fees, and other expenses (if any);

2. One-time cash compensation for the family or lawful representative of the person whose life was damaged shall not exceed a maximum of 50,000,000 (fifty million) dong per individual.

3. The procedures and formalities for providing compensation are as follows:

The family or lawful representative of the person whose life was damaged submits a request letter, death certificate, relevant documents, invoices, and certificates confirming actual expenses as stipulated in Clause 1 Section B Part IV of this Circular to the Department of Labor, Invalids, and Social Affairs specified in Clause 1 Section c Part II of this Circular to request compensation.

After receiving the compensation request from the family or lawful representative of the person whose life was damaged, within fifteen working days, the Director of the Department of Labor, Invalids, and Social Affairs must immediately carry out the procedures as stipulated in Clause 3 and Clause 4 Article 11 of Decree 103 and this Circular to issue a decision or propose the Minister of Labor, Invalids, and Social Affairs to consider and decide.

V. DOCUMENTATION FOR DAMAGE COMPENSATION AND ASSISTANCE TO THE INJURED PARTY

Documentation for damage compensation and assistance to the injured party includes the following documents:

1. Request forms for compensation of the injured party or their lawful representative according to templates 01 and 02 issued together with this Circular.

2. Minutes of the Advisory Council's conclusions on compensation review according to template 03 issued together with this Circular (in cases where an Advisory Council must be established).

3. Decision on compensation issued by the competent authority according to template 04 issued together with this Circular.

4. Receipt for compensation payment of the compensated party or their lawful representative.

5. Other relevant documents (if any).

The above documentation is retained by the responsible agency for damage compensation and assistance.

VI. SOURCES OF FUNDS AND EXPENSE ALLOCATION

1. Funds for compensation are partially sourced from the anti-drug fund and partially guaranteed by the state budget.

2. Payment of compensation funds is implemented according to the following principles:

a. Cases of compensation decided by the competent authority as specified in points a, b, c, d Clause 2 Sections A and B, and point b Clause 2 Section c Part II of this Circular use the central anti-drug fund for payment. If the central anti-drug fund is insufficient, the shortfall will be covered by the central government budget advance for the next year to supplement the central anti-drug fund for payment;

b. Cases of compensation decided by the competent authority as specified in points d, e Clause 2 Sections A and B, and point a Clause 2 Section C Part II of this Circular use the local anti-drug fund for payment. If the locality does not have a source to establish an anti-drug fund according to Decision No. 31/2000/QĐ-TTg dated March 2, 2000, of the Prime Minister, or the local anti-drug fund is insufficient for payment, it can be covered by the local government budget advance for the next year to supplement the local anti-drug fund for payment;

c. The preparation of budgets, allocation, and settlement of funds for compensation and assistance from the anti-drug fund shall be carried out in accordance with the provisions of Circular Joint Circular No. 05/2001/TTLT-BTC-BCA dated January 16, 2001, issued by the Ministry of Finance and the Ministry of Public Security to guide the implementation of Decision No. 31/2000/QĐ-TTg dated March 2, 2000, of the Prime Minister on the establishment of the anti-drug fund and other relevant legal normative documents.

This Circular takes effect fifteen days after its publication in the Official Gazette. In the course of implementation, if there are any difficulties or issues arising, it is recommended that related agencies and units report them to the Ministry of Finance, the Ministry of Public Security, the Ministry of Labor - Invalids and Social Affairs, and the Ministry of National Defense for timely guidance.