JOINT CIRCULAR No. 10/2012/TTLT-BTC-BLDTBXH GUIDING THE MANAGEMENT AND USE OF FUNDS TO IMPLEMENT THE NATIONAL ACTION PROGRAM ON PROSTITUTION PREVENTION FOR THE 2011-2015 PERIOD

JOINT CIRCULAR

Guidelines for managing and using funds to implement the Programme

on preventing and combating prostitution during the period 2011-2015

Based on Decree No. 221/2013/NĐ-CP dated December 30, 2013 of the Government stipulating the system of applying administrative handling measures for placement in compulsory drug rehabilitation facilities (hereinafter referred to as Decree No. 221/2013/NĐ-CP);

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labour, Invalids and Social Affairs;

Implementing Decision No. 679/QĐ-TTg dated May 10, 2011 of the Prime Minister approving the Programme on preventing and combating prostitution during the period 2011-2015 (hereinafter referred to as Decision No. 679/QĐ-TTg);

The Ministry of Finance and the Ministry of Labour, Invalids and Social Affairs provide guidelines for managing and using funds to implement the Programme on preventing and combating prostitution during the period 2011-2015 (hereinafter referred to as the Programme) as follows:

Article 1. Scope of Application

1. These Circulars apply to agencies and units utilizing state budget funds for the implementation of Programme tasks.

2. In cases where units utilize non-reimbursable aid funds or funding from domestic and foreign organizations and individuals for anti-prostitution work, they shall follow the specific guidelines provided by the funders or the regulations of the supervising authority after obtaining the agreement of the funder's representative and the Ministry of Finance (if applicable); if the funder or its representative and the Ministry of Finance do not have specific provisions, then these Circulars shall be applied.

Article 2. Sources of Funds

1. State budget allocations included in the annual budget estimates of ministries, sectors, and localities according to the division of responsibilities under the Law on State Budget and guiding documents, specifically:

+ Funds for implementing requirements for information security at different levels in the operations of state agencies and organizations funded by the state budget;

- Ensuring funding for central ministries and agencies to carry out assigned tasks pursuant to Decision No. 679/QĐ-TTg.

- Targeted support for localities severely affected by prostitution but unable to balance their budgets to perform the following tasks:

+ Strengthening information dissemination, education, and awareness-raising activities within communities.

+ Enhancing inspection, supervision, and crackdown operations on prostitution rings.

+ Developing community models to assist and support prostitutes in preventing HIV/AIDS and reintegrating into society.

+ Building healthy communes, wards, and towns free from prostitution; preventing and reducing the negative impacts of prostitution on social life.

The Minister of Labour, Invalids and Social Affairs shall establish criteria and identify a list of provinces and centrally-administered cities with severe prostitution issues.

b) Localities shall proactively allocate local budgets and other legitimate financial resources to ensure the achievement of anti-prostitution targets and tasks on their territories according to the Programme on Preventing and Combating Prostitution during the period 2011-2015 approved by the People's Committee of the province or centrally-administered city (hereinafter referred to as Provincial People's Committee).

2. International aid sources (if any) for Programme activities.

3. Social and community contributions to the Programme.

4. Other lawful funding sources as prescribed by law.

Article 3. Contents and Expenditure Levels of the Program

1. Expenditure for drafting regulatory legal documents and perfecting the legal system on preventing and combating prostitution; building a set of indicators to evaluate and monitor the program on preventing and combating social evils related to prostitution. The contents and expenditure levels shall be implemented according to Circular Joint No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010 issued by the Ministry of Finance, the Ministry of Justice, and the Government Office guiding the preparation of budget estimates, management, use, and settlement of state budget funds to ensure legislative work and the perfection of the legal system, and Circular Joint No. 09/2007/TTLT-BTP-BTC dated November 15, 2007 issued by the Ministry of Justice and the Ministry of Finance guiding the management and use of state budget funds to ensure legislative work of People's Councils, People's Committees, and amendments and supplements (if any).

2. Expenditure for information dissemination, propaganda, education to raise awareness in the work of preventing and combating prostitution:

a) Expenditure for organizing campaigns to promote the Party and State's policies on preventing and combating prostitution, including:

- Expenditure for producing radio and television programs under contracts between propaganda agencies and mass media organizations.

- Expenditure for producing, duplicating, and distributing communication materials.

- Expenditure for supporting the development of communication tools for preventing and combating prostitution.

The selection of forms, contents of propaganda, and communication programs shall be decided by the head of the agency responsible for communication based on the budget estimate assigned by the competent authority and implemented in accordance with Decision No. 39/2008/QD-TTg dated March 14, 2008 issued by the Prime Minister on the bidding, ordering, and assignment of tasks to provide public services funded by the state budget and other guiding documents.

b) Expenditure for organizing contests and disseminating policies and laws on preventing and combating prostitution approved by the competent authority. The contents and expenditure levels shall be implemented according to Circular No. 73/2010/TTLT-BTC-BTP dated May 14, 2010 issued by the Ministry of Finance and the Ministry of Justice guiding the preparation, management, and use of funds to ensure legal education and publicity work.

c) Expenditure for supporting communication activities about preventing and combating prostitution at communes and wards:

- Supporting communication materials.

- Radio broadcasting at communes and wards (editing, broadcasting). The editing fee is 75,000 VND/page of 350 words; broadcaster allowance is 15,000 VND/session.

- Refreshing, repairing posters, banners, slogans. The expenditure level is based on market prices in the locality and valid expense receipts.

- Supporting the construction of communication models about preventing and combating prostitution; civilized lifestyles and healthy sexual behaviors in key communes and wards. The Provincial People's Committee decides the specific support level in accordance with the assigned budget estimate and local socio-economic conditions.

d) Expenditure for establishing a network of communication volunteers for preventing and combating prostitution, including:

- Expenditure for remuneration of communication volunteers for preventing and combating prostitution at communes, wards, and towns. The expenditure level is determined by the Chairman of the Provincial People's Committee based on integration with other communication activities.

- Expenditure for mid-term and final meetings of the network of communication volunteers for preventing and combating prostitution. The contents and expenditure levels shall be implemented according to Circular No. 97/2010/TT-BTC dated July 6, 2010 issued by the Ministry of Finance stipulating travel expenses and expenditure for organizing conferences for state agencies and public service units (hereinafter referred to as Circular No. 97/2010/TT-BTC).

3. Expenditure for supporting inspection, supervision, investigation, and dismantling of prostitution rings:

a) Travel expenses: The contents and expenditure levels shall be implemented according to Circular No. 97/2010/TT-BTC. In addition to travel expenses, during the days of inspection, supervision, investigation, and dismantling of prostitution rings, a daily allowance of 100,000 VND/person/day will be provided.

b) Expenditure for night shifts and overtime:

- The expenditure level shall be implemented according to the provisions of Circular Joint No. 08/2005/TTLT-BNV-BTC dated January 5, 2005 issued by the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of night shift and overtime pay for civil servants and public officials.

- For members of inter-sector inspection teams at all levels who inspect outside regular hours and at night, night shift and overtime payments will be made for actual working time. The leading inspection agency is responsible for paying night shift and overtime; the agency sending personnel to join the inter-sector inspection team does not need to pay night shift and overtime to its staff.

- For those not receiving salary from the state budget who are mobilized to participate in dismantling prostitution rings, a maximum payment of 200,000 VND/person/day; 300,000 VND/person/night will be made.

c) For special activities related to the tasks of the Ministry of Public Security and the Ministry of National Defense, they shall be implemented according to separate guidance from the Ministry of Public Security and the Ministry of National Defense.

4. Expenditure for organizing training conferences, mid-term and final conferences of the Program. The contents and expenditure levels shall be implemented according to the provisions of Circular No. 97/2010/TT-BTC.

5. Expenditure for monitoring, supervising, and evaluating the activities of the Program. The contents and expenditure levels shall be implemented according to Circular No. 97/2010/TT-BTC. For inter-ministerial and inter-agency inspection teams organized by central ministries and local authorities, the leading agency of the inspection team is responsible for paying travel expenses for team members. To avoid duplicate payments, the leading agency of the inspection team needs to clearly inform the sending agency in the summons that there is no need to settle the above-mentioned expenses.

6. Expenditure for surveys, investigations, and statistics to build specialized databases on preventing and combating prostitution as decided by the competent authority in Articles 2, 3, and 4, Article 10 of Decree No. 40/2004/NĐ-CP dated February 13, 2004 of the Government detailing and guiding the implementation of certain articles of the Law on Statistics. The contents and expenditure levels shall be implemented according to Circular No. 58/2011/TT-BTC dated May 11, 2011 issued by the Ministry of Finance stipulating the management, use, and settlement of funds for conducting statistical surveys.

7. Expenditure on building specialized databases for the prevention and control of prostitution. The content and level of expenditure shall be implemented in accordance with Circular No. 137/2007/TT-BTC dated November 28, 2007 of the Ministry of Finance guiding the level of expenditure for creating electronic information and Joint Circular No. 43/2008/TTLT-BTC-BTTTT dated May 26, 2008 of the Ministry of Finance and the Ministry of Information and Communications guiding the management and use of funds for the application of information technology in the activities of state agencies, and any subsequent amendments and supplements (if any).

8. Expenditure on developing training manuals, materials for training, enhancing capacity in inspection and supervision work; teaching materials on civilized lifestyles and healthy sexual behavior for instructors. The content and level of expenditure shall be applied according to the regulations on developing teaching materials for university and college programs as stipulated in Circular No. 123/2009/TT-BTC dated June 17, 2009 of the Ministry of Finance prescribing the content and level of expenditure for establishing program frameworks and compiling courses for university, college, and vocational high school programs.

9. Expenditure on training and training sessions to enhance professional capacity in inspection and supervision work of business establishments that can be exploited for prostitution activities; advising on coordinating activities for the prevention and control of prostitution and monitoring and evaluating the implementation of the Program; knowledge and skills in communication, mobilization, and counseling for the prevention of prostitution; civilized lifestyles and healthy sexual behavior; knowledge on preventing HIV and sexually transmitted diseases. The content and level of expenditure shall be carried out in accordance with Circular No. 139/2010/TT-BTC dated September 21, 2010 of the Ministry of Finance detailing the preparation of budgets, management, and use of state budget funds for training and enhancing officials and civil servants, and any subsequent amendments and supplements (if any).

10. International cooperation expenditure for the prevention and control of prostitution to strengthen capacity and implement Program activities. The content and level of expenditure shall be carried out in accordance with Circular No. 91/2005/TT-BTC dated October 18, 2005 detailing travel expenses for state officials traveling abroad for short-term missions funded by the state budget and Circular No. 01/2010/TT-BTC dated January 6, 2010 detailing the regulations on expenditures for hosting foreign guests working in Vietnam, organizing international conferences and seminars in Vietnam, and domestic hospitality expenses of the Ministry of Finance, and any subsequent amendments and supplements (if any).

11. Expenditure on basic research, in-depth research, and impact assessment research on the effects of prostitution on economic and social development. The content and level of expenditure shall be carried out in accordance with Joint Circular No. 93/2006/TTLT/BTC-BKH&CN dated October 4, 2006 of the Ministry of Finance and the Ministry of Science and Technology guiding the financial system for implementing scientific and technological projects using state budget funds and Joint Circular No. 44/2007/TTLT/BTC-BKH&CN dated May 7, 2007 of the Ministry of Finance and the Ministry of Science and Technology guiding the standards for building and allocating budgets for scientific and technological projects using state budget funds, and any subsequent amendments and supplements (if any).

12. Expenditure on supporting the pilot model for preventing and reducing harm, preventing HIV transmission in communities; models for supporting sex workers to reintegrate into society:

a) The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with the Ministry of Health to guide the establishment of pilot models for preventing and reducing harm, preventing HIV transmission in communities; models for supporting sex workers to reintegrate into society.

b) The Chairman of the People's Committee at the provincial level shall select and decide on the list of communes, wards, towns to be pilot areas for preventing and reducing harm, preventing HIV transmission in communities; models for supporting sex workers to reintegrate into society and send it to the Ministry of Labor, Invalids, and Social Affairs for consolidation.

c) Specific content and levels of expenditure for each model: Depending on specific requirements, conditions, and allocated budgets, based on the activities of each model and current financial expenditure regulations, the Chairman of the People's Committee at the provincial level shall approve the specific content and level of expenditure for each model upon the proposal of the Director of the Department of Labor, Invalids, and Social Affairs.

13. Expenditure on supporting activities to build healthy communes, wards, towns free from prostitution; preventing and mitigating the harmful effects of prostitution on social life. The Chairman of the People's Committee at the provincial level shall identify key communes, wards, towns and base on the allocated budget to implement and decide on specific support levels.

14. Expenditure on rewarding agencies, units, and individuals who effectively achieve the Program's objectives according to the rewards decision of the competent authority. The content and level of expenditure shall be carried out in accordance with the Law on Encouragement and Rewards and related guiding documents.

Article 4. Preparation, Execution, and Settlement of State Budget

The preparation, allocation, execution, and settlement of Program funds shall comply with the State Budget Law and related guiding documents; this Circular provides detailed guidance on the following additional contents:

1. Establishment, Allocation, and Assignment of Budget Estimates:

a) Funds for implementing the Program by ministries, central agencies, and localities shall be arranged within the social security expenditure sector according to the current state budget decentralization. Annually, along with the time for preparing the state budget, ministries, central agencies, and local departments shall prepare the Program implementation budget based on assigned tasks in prostitution prevention and control work and submit it to the labor, invalids, and social affairs agency and finance agency at the same level for consolidation and submission to the competent authority for decision in accordance with the State Budget Law and related guiding documents.

b) For provinces listed as priorities for prostitution issues by the Ministry of Labor, Invalids, and Social Affairs and unable to balance their budgets: Based on the supported tasks with targets from the central budget to the local budget as stipulated in Point a Clause 1 Article 2 and the content and level of expenditure prescribed in this Circular, they shall prepare the budget and submit it to the Ministry of Labor, Invalids, and Social Affairs.

c) Annually, based on the budget estimates of ministries, central agencies, and localities, the Ministry of Labor, Invalids, and Social Affairs reviews and consolidates the budget estimates of ministries, central agencies, and localities (the portion of funds for implementing the Program from the central budget), and submits them to the Ministry of Finance for consideration and consolidation into the budget estimates of ministries, sectors, and localities, and reports to the competent authority for examination and decision-making in accordance with the State Budget Law.

d) Annually, based on the central budget capacity and the implementation situation of the Program in the previous year, the Ministry of Finance notifies the total amount of funds for implementing the Program guaranteed by the central budget to the Ministry of Labor, Invalids, and Social Affairs to serve as the basis for formulating allocation plans for ministries, central agencies, and localities, which will be submitted to the Ministry of Finance for consolidation and submission to the competent authority for decision-making to allocate the budget estimates to ministries, central agencies, and supplement targeted funding for localities.

đ) Based on the budget estimates assigned by the competent authority, ministries, sectors, provinces, and centrally governed cities shall implement the allocation and assignment of budget estimates to units responsible for implementing the Program in accordance with current regulations.

2. Management, utilization, and settlement of funds:

The sources of funds for the Program shall be managed, utilized, and settled in accordance with the provisions of the State Budget Law, the Accounting Law, and guiding documents implementing these laws. Agencies and units using Program funds must maintain accounting books to record, account for, and settle the Program's fund sources in accordance with the administrative and public service accounting system. The Program's fund settlement shall be consolidated into the annual budget settlement of ministries, central agencies, and localities in accordance with the provisions.

Ministries, central agencies, and localities have the responsibility to report the implementation status of the Program periodically every six months, annually, and every five years to the Ministry of Labor, Invalids, and Social Affairs for consolidation and reporting to the Prime Minister.

Article 5. Implementation Provisions

1. This Circular takes effect from March 5, 2012.

2. During the implementation process, if there are any difficulties, units are requested to reflect them to the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs for research, amendment, and supplementation to ensure appropriateness./.