Joint Circular No. 05/2001/TTLT/BTC-BCA guiding the implementation of Decision No. 31/00/QD-TTg dated March 2, 2000 of the Prime Minister on the establishment of the anti-drug fund.

JOINT CIRCULAR

Guidelines for implementing Decision No. 31/2000/QĐ-TTg dated March 2, 2000 of the Prime Minister on the establishment of the Anti-Drug Fund

of the Prime Minister on the establishment of the Fund for Preventing and Combating Drugs

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Pursuant to Resolution No. 06-CP dated January 29, 1993 of the Government on strengthening guidance for drug prevention and control work.

Based on Decision No. 31/2000/QĐ - TTg dated March 2, 2000 of the Prime Minister regarding the establishment of the Fund for Preventing and Combating Drugs.

The Ministry of Finance and the Ministry of Public Security provide guidelines for the management and use of the Anti-Drug Fund as follows.

I. GENERAL PROVISIONS

1\. The Anti-Drug Fund shall be established at the central level and in provinces and centrally-administered cities to support anti-drug activities; reward collectives and individuals with outstanding achievements in anti-drug work.

2\. After court judgments and decisions on drug-related criminal cases become legally effective, all amounts of money collected, including Vietnamese dong, foreign currency, funds from accounts of offenders, proceeds from the sale of assets, means of transportation, and confiscated items (excluding drugs) from these cases, less expenses for selling assets and other costs (if any), shall be transferred to a temporary account opened at the State Treasury of the province or centrally-administered city under the management of the Provincial Department of Finance and Prices, and shall be distributed, managed, and used according to the guidelines set forth in this Circular.

Donations from organizations and individuals within and outside the country for anti-drug work with designated addresses shall be transferred to those addresses as specified by the donors. If there is no designated address, the donations shall be transferred to the Office of the Central Steering Committee for Drug Prevention and Control under the Ministry of Public Security.

3\. The central Anti-Drug Fund shall be overseen by the Chairman of the National Committee for HIV/AIDS and Drug Control. The agency assisting the Chairman of the National Committee for HIV/AIDS and Drug Control in monitoring, managing, and disbursing the central Anti-Drug Fund is the Office of the Central Steering Committee for Drug Prevention and Control under the Ministry of Public Security.

The provincial and centrally-administered city Anti-Drug Funds shall be assisted by the Provincial Department of Finance and Prices in overseeing, managing, and disbursing the funds for the Chairmen of the People's Committees of the provinces and centrally-administered cities.

4\. The Office of the Central Steering Committee for Drug Prevention and Control under the Ministry of Public Security and the Provincial Departments of Finance and Prices in provinces and centrally-administered cities shall open accounts titled "Anti-Drug Fund" at the State Treasury (where their offices are located) to manage and monitor the income and expenditure of the Anti-Drug Fund. State Treasuries at all levels shall be responsible for guiding and supervising expenditures from the Anti-Drug Fund in accordance with the provisions of this Circular.

5\. The sale of assets, means of transportation, and confiscated items from drug-related criminal cases (including the sale of assets and means of transportation donated by organizations and individuals within and outside the country for anti-drug work) shall be carried out in accordance with Decision No. 1766/1998/QĐ-BTC dated December 7, 1998 of the Minister of Finance.

II. SPECIFIC PROVISIONS

A\. SOURCES OF INCOME AND ALLOCATION RATES:

1\. Concentrated income sources:

1.1\. Vietnamese dong, foreign currency, funds from accounts of offenders, proceeds from the sale of assets, means of transportation, and confiscated items (excluding drugs) from drug-related criminal cases tried by district, county, town, and provincial city People's Courts, provincial and centrally-administered city People's Courts, and the Supreme People's Court, after the judgments and decisions become legally effective, less expenses for selling assets and other costs (if any), shall be transferred to the temporary account of the Provincial Department of Finance and Prices.

1.2\. The Provincial Department of Finance and Prices shall be responsible for allocating and transferring funds from the aforementioned temporary account to the Anti-Drug Fund accounts of the province or centrally-administered city and the central Anti-Drug Fund account in accordance with the allocation rates stipulated in Clause 2 below.

2\. Allocation rates:

2.1\. For criminal cases involving drug offenses tried by provincial and centrally-administered city People's Courts where the judgments and decisions have not yet taken legal effect and must be referred to the Supreme People's Court for trial. After the judgments and decisions of the Supreme People's Court take legal effect:

- Allocate 30% to support and reward units and individuals directly involved in detecting and investigating the cases.

- Transfer 70% to the central Anti-Drug Fund account.

2.2\. For criminal cases involving drug offenses tried by district, county, town, and provincial city People's Courts or provincial and centrally-administered city People's Courts. After the judgments and decisions of the courts take legal effect:

- Allocate 30% to support and reward units and individuals directly involved in detecting and investigating the cases.

- Transfer 60% to the Anti-Drug Fund account of the province or centrally-administered city.

- Transfer 10% to the central Anti-Drug Fund account.

2.3\. Donations from individuals and organizations within and outside the country for anti-drug work in the form of money, means of transportation, and assets with designated addresses shall be transferred to those addresses as specified by the donors in accordance with current laws. If there is no designated address, the donations shall be transferred to the Office of the Central Steering Committee for Drug Prevention and Control under the Ministry of Public Security.

The Office of the Central Steering Committee for Drug Prevention and Control under the Ministry of Public Security shall be responsible for receiving donations for central anti-drug work. If the donations are in Vietnamese dong or foreign currency, they shall be directly received and deposited into the central Anti-Drug Fund account. If the donations are in kind, a receipt shall be prepared and the office shall be responsible for managing and preserving them.

The steering committees for drug prevention and control in provinces and centrally-administered cities shall be responsible for receiving donations from organizations and individuals for local anti-drug work. If the donations are in Vietnamese dong or foreign currency, they shall be directly received and deposited into the Anti-Drug Fund account of the province or centrally-administered city. If the donations are in kind, a receipt shall be prepared and the committee shall be responsible for managing and preserving them.

- If the types of equipment, facilities, and means of support are suitable for the activities of units engaged in anti-drug operations, the Office of the Standing Body for Drug Prevention and Control under the Ministry of Public Security or the Standing Body for Drug Prevention and Control of provinces and centrally-administered cities shall re-evaluate the assets and submit to the Chairman of the National Committee for HIV/AIDS and Drug Control, or the Chairman of the People's Committee of provinces and centrally-administered cities for a Decision to provide such types of equipment, facilities, and means to the using units.

- If the assets and means received from the above sources of support are not suitable for drug prevention and control work, then:

The Office of the Standing Body for Drug Prevention and Control under the Ministry of Public Security shall report to the Chairman of the National Committee for HIV/AIDS and Drug Control; the Department of Finance and Prices of provinces and centrally-administered cities shall report to the Chairman of the People's Committee of provinces and centrally-administered cities to organize sales according to current regulations. The proceeds shall be transferred into the Central Anti-Drug Fund or the Anti-Drug Fund of provinces and centrally-administered cities.

B- CONTENT OF EXPENSES:

1- Support and rewards for units and individuals directly involved in detecting and investigating cases:

Thirty percent of the amount shall be used for support and rewards for units and individuals directly involved in detecting and investigating drug-related criminal cases as specified in points 2.1; 2.2; Clause 2, Part A above, which is considered as 100%, and shall be distributed and used as follows:

a- Sixty percent shall be allocated for rewarding groups and individuals with outstanding achievements in detecting and investigating cases.

The Chairman of the People's Committee of provinces and centrally-administered cities (for localities) and the Chairman of the National Committee for HIV/AIDS and Drug Control shall specify the specific reward amounts for organizations and individuals with achievements within the framework of the reward money allocated. The maximum reward for an individual is: 1,000,000 VND/case and for a group is: 15,000,000 VND/case.

Based on the provisions of the Chairman of the People's Committee of provinces and centrally-administered cities and the Chairman of the National Committee for HIV/AIDS and Drug Control, the head of the main investigative agency handling the case shall take the lead and coordinate with the agency that discovered the lead of the case to review the distribution of the allocated reward money to units and individuals with achievements in a transparent, democratic, and fair manner depending on the complexity of the case, the number of people and units participating, and the time spent investigating the case.

In special cases, if the allocation of rewards according to the levels set by the Chairman of the People's Committee of provinces and centrally-administered cities and the Chairman of the National Committee for HIV/AIDS and Drug Control exceeds the sixty percent allocated amount mentioned above, the head of the unit receiving the reward shall decide to allocate an additional portion from the forty percent used for purchasing essential equipment and means serving anti-drug operations (as stipulated in point b below) to distribute rewards, following the principle of ensuring economy and effectiveness and bearing responsibility for their decision.

If the reward money allocated according to the levels set by the Chairman of the People's Committee of provinces and centrally-administered cities and the Chairman of the National Committee for HIV/AIDS and Drug Control is more than the sixty percent allocated reward amount, the head of the unit receiving the reward shall decide to transfer the excess amount to strengthen the purchase of assets and equipment directly serving anti-drug operations.

b- Forty percent shall be allocated for purchasing essential equipment and means serving anti-drug operations of the unit, supplementing the source of the allocated reward mentioned above.

The purchase of essential equipment and means serving anti-drug operations of the unit shall be carried out in accordance with the current regulations.

2- The Central and Local Anti-Drug Funds shall be used as follows:

2.1- Supporting units directly engaged in anti-drug operations; purchasing equipment and means directly serving anti-drug operations.

2.2- Providing funeral expenses for those who do not receive salaries from the state budget and are sacrificed while directly participating in anti-drug operations. The highest level of support shall not exceed twelve months of the minimum wage of state officials.

Providing a one-time support for relatives of those who are sacrificed while directly participating in anti-drug operations, removing and replacing drug-containing plants, and organizing drug rehabilitation programs, including: Father, Mother, foster parent (as prescribed by law), Wife, Child. The highest level of support shall not exceed eight months of the minimum wage of state officials.

Providing support for those who are injured or ill due to directly participating in anti-drug operations, removing and replacing drug-containing plants, and organizing drug rehabilitation programs and require hospitalization. The highest level of support shall not exceed four months of the minimum wage of state officials per person.

2.3- Rewarding units and individuals with outstanding achievements in anti-drug work, with the highest reward being no more than 500,000 VND for an individual and 2,000,000 VND for a group.

2.4- For units investigating, discovering, and handling major and serious cases that consume a lot of time and effort but do not recover seized items, assets, or money, the Chairman of the National Committee for HIV/AIDS and Drug Control, or the Chairman of the People's Committee of provinces and centrally-administered cities shall base on the nature of each case to decide on rewards for units and individuals with achievements in detecting, investigating, discovering, and handling cases. The highest reward shall not exceed 1,000,000 VND/person/case for an individual and not more than 15,000,000 VND/case for a group, as stipulated in point a, Clause 1, Part B of this Circular.

2.5- Supporting the removal and replacement of drug-containing plants, organizing drug rehabilitation programs, and anti-drug propaganda, and other special cases. The level of support shall be decided by the Chairman of the National Committee for HIV/AIDS and Drug Control and the Chairman of the People's Committee of provinces and centrally-administered cities.

III. IMPLEMENTATION PROVISIONS

1. Units utilizing the Fund for Prevention and Control of Narcotics shall manage finances in accordance with the law, regularly submit final reports to the Provincial Department of Finance and Prices under the central city or province, which shall also forward such reports to the Provincial Steering Committee on Prevention and Control of Narcotics under the central city or province for monitoring (for units under local jurisdiction), and to the Office of the Central Steering Committee on Prevention and Control of Narcotics under the Ministry of Public Security (for units under central jurisdiction).

The Office of the Central Steering Committee on Prevention and Control of Narcotics under the Ministry of Public Security and the Departments of Finance and Prices under the central cities and provinces shall be responsible for compiling data and information on management, allocation, utilization, and final settlement of the Fund for Prevention and Control of Narcotics at the provincial and municipal levels, and shall report to the Ministry of Finance in accordance with the provisions of the State Budget Law.

2. The Fund for Prevention and Control of Narcotics shall be utilized and supported for prevention and control activities at both the central and local levels without being deducted from the annual anti-narcotics budget. Any remaining funds in the account of the Fund for Prevention and Control of Narcotics (including those at the central and local levels) that are not fully utilized by the end of the year shall be carried over to the next year.

3. This Circular shall take effect from the date the Prime Minister's Decision on the establishment of the Fund for Prevention and Control of Narcotics becomes effective. In the course of implementation, any difficulties encountered should be reported to the Joint Ministry of Finance and Public Security for study and resolution.