Joint Circular No. 07/2009/TTLT-BCA-BQP-BTC guiding the implementation of Decision No. 41/2008/QD-TTg dated March 18, 2008 of the Prime Minister on the allowance system for specialized forces combating drug-related crimes.

JOINT CIRCULAR

Guidelines for implementing Decision No. 41/2008/QD-TTg dated March 18, 2008 of the Prime Minister regarding the allowance system for specialized forces combating drug-related crimes.

concerning the allowance system for specialized forces combating drug-related crimes.

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

Pursuant to Decision No. 41/2008/QD-TTg dated March 18, 2008 of the Prime Minister regarding the allowance system for specialized forces combating drug-related crimes.

The Ministry of Public Security, the Ministry of National Defense, and the Ministry of Finance hereby provide guidelines on the implementation of the allowance system for specialized forces combating drug-related crimes as follows:

Article 1. Scope of Regulation

1. For the Ministry of Public Security:

- Officers, non-commissioned officers, civil servants, soldiers, investigators, and surveillance agents directly involved in or supporting directly the operational activities of detecting, investigating, and handling drug-related crimes.

- Civil servants and soldiers specializing directly in advisory work against drugs under the Office of the Permanent Steering Committee for Drug Prevention and Control.

2. For the Ministry of National Defense:

- Officers, non-commissioned officers, soldiers, professional military personnel, and defense industry workers directly involved in or supporting directly the operational activities of detecting, investigating, and handling drug-related crimes.

3. With the Ministry of Finance:

- Customs officers directly involved in or supporting directly the operational activities of detecting, investigating, and handling drug-related crimes.

Article 2. Applicability

1. For the Ministry of Public Security:

a) Personnel directly combating drug-related crimes:

- Leaders at the Bureau, Department, Team level, surveillance agents, and investigators from the Drug Crime Investigation Bureau; personnel engaged in training and using drug-sniffing dogs within the Drug Crime Investigation Bureau;

- Leaders at the Department, Team level, surveillance agents, and investigators from the Drug Crime Investigation Departments of provincial and municipal public security services;

- Commanders at the Team level, surveillance agents, and investigators from the Drug Crime Investigation Teams of district, county, town, and city-level public security services.

For public security services in counties that have not established Drug Crime Investigation Teams but only have Drug Crime Investigation Units incorporated into Disorder Prevention Investigation Teams or Economic and Official Crime Investigation Teams, the surveillance agents and investigators in these Drug Crime Investigation Units shall be eligible for the allowance system if they are assigned specific responsibilities by the competent authority.

b) Personnel directly supporting the combat against drug-related crimes:

- Leaders and commanders at the Department, Team level, officers, and non-commissioned officers engaged in: advisory, political, logistical support, criminal information processing, clerical, liaison, driving duties serving the prevention and control of drug-related crimes within the Drug Crime Investigation Bureau, Drug Crime Investigation Departments of provincial and municipal public security services, Drug Crime Investigation Teams of district, county, town, and city-level public security services, but not covered by point a, Clause 1, Article 2 of this Circular.

c) Personnel specializing directly in advisory work against drugs:

- Leaders at the Bureau, Department, Team level; officers, and non-commissioned officers specializing in advisory political, logistical support, criminal information processing, clerical, driving duties directly serving advisory work against drugs under the Office of the Permanent Steering Committee for Drug Prevention and Control / Police General Corps / Ministry of Public Security.

2. For the Ministry of National Defense:

a) Personnel directly combating drug-related crimes:

- Commanders at the Bureau, Department, Group, Team level; officers, non-commissioned officers, soldiers, professional military personnel, and defense industry workers from various functional Departments, Special Task Groups, and Training and Drug-Sniffing Dog Usage Teams under the Drug Crime Prevention Bureau / Border Guard Command;

- Commanders at the Department, Team level; officers, non-commissioned officers, soldiers, professional military personnel, and defense industry workers from Special Task Teams for Drug Crime Prevention under the Border Guard Commands of provinces and cities;

- Officers, non-commissioned officers, soldiers, and professional military personnel assigned specific responsibilities directly preventing and combating drug-related crimes within border posts and maritime border guard units;

- Commanders at the Department, Task Force, Cluster level; officers, non-commissioned officers, soldiers, professional military personnel, and defense industry workers from Drug Crime Prevention Departments; Special Task Clusters for Drug Crime Prevention under the Coast Guard Police Bureau / Ministry of National Defense.

- Commanders at the Department level; investigators, officers, and staff from the Narcotics Investigation Department under the Criminal Investigation Bureau / Ministry of National Defense.

b) Personnel directly supporting the combat against drug-related crimes:

- Commanders at the Department, Group, Team level; officers, non-commissioned officers, soldiers, professional military personnel, and defense industry workers engaged in: advisory, political, criminal information processing, clerical, driving, logistical support duties serving the prevention and control of drug-related crimes under the Drug Crime Prevention Bureau / Border Guard Command.

- Officers, non-commissioned officers, soldiers, professional military personnel, and defense industry workers engaged in criminal information processing, clerical, driving, ship, boat, logistical support duties directly serving the prevention and control of drug-related crimes under the Drug Crime Prevention Departments; Special Task Clusters for Drug Crime Prevention under the Coast Guard Police Bureau / Ministry of National Defense, but not covered by point a, Clause 2, Article 2 of this Circular.

3. For the Anti-Narcotics Control Forces under the General Customs Department / Ministry of Finance:

a) Customs officers directly combating drug-related crimes:

- Leaders of the Anti-Smuggling Investigation Bureau / General Customs Department, specifically assigned to directly command and manage the operational activities of combating drug-related crimes;

- Staff from the Narcotics Control Department, Narcotics Control Teams under the Anti-Smuggling Investigation Bureau / General Customs Department;

- Staff from Narcotics Control Teams directly under the Provincial or Inter-Provincial Customs Bureaus; staff from Narcotics Control Teams under the Customs Branches at ports of entry.

- Staff from Narcotics Control Teams under the Customs Investigation Teams directly under the Provincial or Inter-Provincial Customs Bureaus.

- Officials and staff training and using drug-sniffing dogs for detecting narcotics under the Anti-Smuggling Investigation Department/Cross Border Customs Department, Provincial Customs Office, or inter-provincial city customs office;

- Officials and staff of the Mobile Combat Team belonging to the Narcotics Detection Dog Training Center under the Anti-Smuggling Investigation Department/Cross Border Customs Department;

b) Officials and staff of the Customs Service directly combating criminal activities

- Officials and staff engaged in: strategic planning, information processing on criminal offenses, organizational, administrative, logistical work, and driving services directly supporting anti-narcotics crime operations under the Drug Control Division, the Drug Control Team within the Anti-Smuggling Investigation Department - Cross Border Customs Department, and the Anti-Narcotics Crime Control Team directly subordinate to the Provincial Customs Office or inter-provincial city customs office, but not covered by point a, Clause 3, Article 2 of this Circular;

Article 3. Subsidy Levels

1\. The subsidy level of VND 500,000/person/month shall apply to individuals directly combating criminal activities as specified in point a, Clause 1; point a, Clause 2; point a, Clause 3, Article 2.

2\. The subsidy level of VND 400,000/person/month shall apply to individuals serving directly in combating criminal activities as specified in point b and c, Clause 1; point b, Clause 2; point b, Clause 3, Article 2.

Article 4. Implementation provisions

1\. Individuals mentioned in Clause 1, Clause 2, Clause 3 - Article 2 of this Circular, once they have been granted the subsidy regime stipulated in this Circular, shall cease to enjoy other subsidy regimes; when they no longer perform duties related to preventing and combating narcotics-related crimes, they shall cease to enjoy the subsidy regime stipulated in this Circular.

In the case where officials and soldiers report for duty at specialized units responsible for preventing and combating narcotics-related crimes under the Ministry of Public Security, the Ministry of Defense, or the Ministry of Finance (or transfer to other tasks) during the month, they shall be entitled to the following subsidy levels:

+ If reporting for duty from the 1st to the 15th of the month (or transferring out from the 16th to the 31st of the month), they shall be entitled to 100% of the subsidy level for that month;

+ If reporting for duty from the 16th to the 31st of the month (or transferring out from the 1st to the 15th of the month), they shall be entitled to 50% of the subsidy level for that month;

2\. For cases of attending school or being suspended from work for three months or more, the time period shall not be entitled to the subsidy regime stipulated in this Circular.

3\. The subsidy funds for the specialized forces combating and preventing narcotics-related crimes belong to which agency or unit shall be borne by that agency or unit.

4\. The subsidy regime stipulated in this Circular shall be paid monthly and shall not be counted towards social insurance, health insurance, other subsidy regimes, or income subject to personal income tax.

5\. The source of funding for implementing the subsidy regime stipulated in this Circular shall be allocated within the annual budget of the National Target Program on Preventing and Combating Narcotics of the Ministry of Public Security, the Ministry of Defense, and the Ministry of Finance. Specifically, for the payment of the subsidy regime stipulated in this Circular, in 2008, units shall allocate from the budget of the National Target Program on Preventing and Combating Narcotics in 2008 for payment. In cases where the 2008 budget is insufficient, units shall allocate from the 2009 budget of the National Target Program on Preventing and Combating Narcotics assigned for payment.

The preparation of the budget and settlement of subsidy funds shall be carried out according to the provisions of Joint Circular No. 57/2008/TTLT-BTC-BCA dated June 25, 2008, of the Ministry of Finance - Ministry of Public Security and current regulations of the State Budget Law and guiding documents for the implementation of the State Budget Law.

6\. This Circular shall take effect 45 days from the date of signature. The regime stipulated in this Circular shall be implemented from the date the Prime Minister's Decision No. 41/2008/QĐ-TTg dated March 18, 2008, takes effect.

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Public Security, the Ministry of Defense, and the Ministry of Finance for research and resolution./.