Decision No. 110/2008/QD-TTg On the establishment, management, and use of the Anti-Narcotics Fund

Pursuant to …;

Regarding the establishment, management, and utilization of the Anti-Drug Fund

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on State Budget dated December 16, 2002;

Pursuant to Decision No. 156/2007/QĐ-TTg dated September 25, 2007 of the Prime Minister approving the National Target Program on Drug Prevention and Control until 2010.

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. The Central Anti-Drug Fund and those of provinces and centrally-administered cities shall be established to support drug prevention and control work.

Article 2. Sources for forming the Anti-Drug Fund

1. Vietnamese currency, foreign currency, and proceeds from the auction of assets and evidence (excluding drugs) seized from drug-related criminal cases within the jurisdiction of provinces and centrally-administered cities (referred to as localities) after the judgment or decision becomes legally effective.

2. Donations from organizations and individuals both domestically and internationally, if there is no specific address, such funds shall be transferred to the Central Anti-Drug Fund for management and utilization in accordance with Clause 1 of Article 5 of this Decision.

3. Support from the state budget according to the current classification regarding state budget management.

Article 3. Responsibilities for managing and operating the Anti-Drug Fund

1. The Central Anti-Drug Fund shall be managed and operated by the Minister of Public Security.

2. The Anti-Drug Funds of localities shall be managed and operated by the Chairperson of the People's Committee at the provincial level.

3. The Anti-Drug Fund shall open an account at the State Treasury.

Article 4. Allocation of the Anti-Drug Fund

The sources for forming the Fund as stipulated in Clause 1 of Article 2 of this Decision shall be allocated as follows:

1. Allocate 30% for rewarding units and individuals directly involved in detecting and investigating cases.

2. Allocate 10% for the Central Anti-Drug Fund.

3. Allocate 60% for the Anti-Drug Fund of the locality where the People's Court conducts the first-instance trial.

Article 5. Contents of support from the Anti-Drug Fund

1. For the Central Anti-Drug Fund:

a) Supporting campaigns to crack down on drug trafficking, storage, and use groups; supporting investigative, prosecution, and trial activities for major and complex cases; supporting the eradication and destruction of drug-producing plants related to multiple localities and border provinces with Cambodia, Laos, and China;

b) Supporting compensation and assistance for losses as decided by the central authority under Decree No. 103/2002/NĐ-CP dated December 17, 2002 of the Government on the compensation and assistance system for individuals, families, agencies, and organizations participating in drug prevention and control who suffer losses to life, health, and property;

c) Supporting monetary rewards as decided by the central authority for units and individuals with outstanding achievements in drug prevention and control work in accordance with Point c, Clause 2 of Article 5 of Decree No. 04/2003/NĐ-CP dated January 16, 2003 of the Government on rewards for individuals, families, agencies, and organizations with achievements in drug prevention and control;

d) Supporting research and application of detoxification medicines and rehabilitation programs for drug addicts.

2. For the Anti-Drug Funds of localities:

a) Supporting units in the locality directly combating drug crimes in purchasing technical equipment for their operations;

b) Supporting relatives of those who have sacrificed or been injured or ill due to direct participation in combating drug crimes;

c) Allocating rewards to units directly involved in investigating, discovering, and handling drug cases in localities;

d) Supporting detoxification, post-detoxification activities, and community reintegration for drug addicts in localities;

đ) Supporting the eradication and replacement of drug-producing plants in localities;

e) Supporting the operation of action campaigns and anti-drug propaganda in localities;

g) Supporting compensation and assistance for losses as decided by the local authority under Decree No. 103/2002/NĐ-CP dated December 17, 2002 of the Government on the compensation and assistance system for individuals, families, organizations, and agencies participating in drug prevention and control who suffer losses to life, health, and property;

h) Supporting monetary rewards as decided by the local authority for units and individuals with outstanding achievements in drug prevention and control work in accordance with Point c, Clause 2 of Article 5 of Decree No. 04/2003/NĐ-CP dated January 16, 2003 of the Government on rewards for individuals, families, organizations, and agencies with achievements in drug prevention and control.

Article 6. Responsibilities for managing and operating the Anti-Drug Fund

1. Execution Agencies at all levels:

Shall be responsible for executing in accordance with the law immediately after the judgment or decision of the court on drug-related criminal cases in localities becomes legally effective, and transferring all Vietnamese currency, foreign currency, assets, evidence (excluding drugs), and means of transportation seized to the People's Committee at the provincial level for processing and establishing the Anti-Drug Fund as prescribed.

2. The Ministry of Public Security:

a) Cooperating with execution agencies at all levels and the People's Committee at the provincial level during the execution of judgments and decisions of the court on drug-related criminal cases in localities;

b) Cooperating with the People's Committee at the provincial level in establishing the Anti-Drug Fund as stipulated in Article 4 of this Decision;

c) Being responsible for managing, operating, utilizing, and settling accounts for the Central Anti-Drug Fund;

d) Taking the lead and cooperating with the Ministry of Finance in inspecting, managing, operating, utilizing, and settling accounts for the Central Anti-Drug Fund;

đ) Summarizing data and situations regarding the management and utilization of the Central Anti-Drug Fund and the Anti-Drug Funds of localities; reporting periodically every six months and annually, and ad hoc reports monthly to the Prime Minister and the Chairman of the National Steering Committee for HIV/AIDS and Drug Prevention and Control; sending copies to the Ministry of Finance for monitoring.

3. Ministry of Finance:

a) Taking the lead and guiding the financial management mechanism of the Anti-Drug Fund; cooperating with the Ministry of Public Security and the People's Committee at the provincial level in inspecting, managing, utilizing, and settling accounts for the Central Anti-Drug Fund and the Anti-Drug Funds of localities;

b) Submit to the competent authority for support from the state budget for localities that do not have the conditions to establish the Anti-drug Fund in accordance with the current regulations on the delegation and management of the state budget.

4. Provincial People's Committees, municipal people's committees under the central government:

a) Coordinate with the enforcement agencies at all levels and the Ministry of Public Security during the execution of court judgments and decisions regarding drug-related criminal cases in their respective localities to handle financial matters in accordance with Article 4 of this Decision.

b) Be responsible for managing, operating, using, and auditing and settling accounts of the local Anti-drug Fund;

c) Coordinate with the Ministry of Public Security and the Ministry of Finance in inspecting, managing, operating, using, and auditing and settling accounts of the local Anti-drug Fund;

d) Provide support from the local budget to the local Anti-drug Fund in accordance with the current regulations on the delegation and management of the state budget;

đ) Aggregate data and information on the management, use, and auditing and settlement of accounts of the local Anti-drug Fund; report periodically every six months and annually, and upon request of the Minister of Public Security, submit to the Ministry of Public Security for consolidation and reporting to the Prime Minister, Chairman of the National Committee for HIV/AIDS Prevention and Control and Drug Abuse and Prostitution Prevention; send concurrently to the Ministry of Finance for general monitoring and management.

Article 7. Implementation

1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

2. This Decision replaces Decisions No. 31/2000/QĐ-TTg dated March 2, 2000 of the Government on the establishment of the Anti-drug Fund; Decision No. 114/2004/QĐ-TTg dated June 24, 2004 of the Government amending and supplementing certain provisions of Decision No. 31/2000/QĐ-TTg dated March 2, 2000 of the Government on the establishment of the Anti-drug Fund.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for enforcing this Decision./.