Circular No. 13/2009/TT-BNN guiding certain issues regarding the management and use of revenue from administrative penalties for acts of smuggling and commercial fraud in the field of forest management, forest protection, and timber management.

CIRCULAR

Guidelines on certain issues regarding management and utilization of revenue from administrative penalties for acts of smuggling and commercial fraud in the field of forest management, forest protection, and timber management

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Circular No. 59/2008/TT-BTC dated July 4, 2008 of the Ministry of Finance guiding the management and utilization of revenue from the handling of violations of laws in the field of anti-smuggling, commercial fraud, and counterfeit goods;

After reaching consensus with the Ministry of Finance and the Central Anti-Smuggling Steering Committee,

The Ministry of Agriculture and Rural Development guides certain issues concerning the management and utilization of revenue from administrative penalties for acts of smuggling and commercial fraud in the field of forest management, forest protection, and timber management by the Forest Protection Force as follows:

Article 1. Object and Scope of Application

1. This Circular applies to activities combating smuggling and commercial fraud in the field of forest management, forest protection, and timber management by the Forest Protection Force.

2. This Circular provides guidance on identifying acts of smuggling and commercial fraud in the field of forest management, forest protection, and timber management; the ratio of contributions and the management and utilization of funds for supporting supervisory and operational activities of higher-level agencies as stipulated in Circular No. 59/2008/TT-BTC.

Article 2. Acts of Smuggling and Commercial Fraud in the Field of Forest Management and Forest Protection

1. Administrative violations concerning the management and protection of rare and precious wild animals listed in Group IB and IIB as prescribed in Decree No. 32/2006/NĐ-CP dated March 30, 2006 of the Government on the management of wild plants and animals in danger of extinction, and administrative violations concerning the illegal importation of animals into Vietnam as prescribed in Decree No. 82/2006/NĐ-CP dated August 10, 2006 of the Government on the management of export, import, re-export, entry from sea, transshipment, breeding, and artificial cultivation of rare and precious wild plants and animals shall be subject to administrative penalties as provided for in Clause 3 and Clause 4, Article 20 of Decree No. 159/2007/NĐ-CP dated October 30, 2007 of the Government on administrative penalties in the field of forest management, forest protection, and timber management.

2. Administrative violations prescribed in Articles 21, 22, and 23 of Decree No. 159/2007/NĐ-CP dated October 30, 2007 of the Government on administrative penalties in the field of forest management, forest protection, and timber management.

Article 3. Ratio of Contributions for Supporting Supervisory and Operational Activities of Higher-Level Agencies

1. Provincial Forest Inspection Departments under the central government; Forest Inspection Stations under National Parks directly subordinate to the Forest Protection Department shall contribute 5% of their total expenses for the purposes specified in Point a, Clause 2, Section II of Circular No. 59/2008/TT-BTC dated July 4, 2008 of the Ministry of Finance to support the Forest Protection Department in its supervisory and operational activities against smuggling and commercial fraud in the field of forest management, forest protection, and timber management.

2. Forest Inspection Stations at the district level, Forest Inspection Stations in special-use forests, and Forest Inspection Stations in protective forests under local management shall contribute 5% of their total expenses for the purposes specified in Point a, Clause 2, Section II of Circular No. 59/2008/TT-BTC dated July 4, 2008 of the Ministry of Finance to support the Provincial Forest Inspection Departments in their supervisory and operational activities against smuggling and commercial fraud in the field of forest management, forest protection, and timber management.

Article 4. Contents of expenditures for directing and managing activities from higher-level agencies.

1. Expenditures to supplement working expenses for inspection and audit teams combating smuggling and commercial fraud in forest management, forest protection, and timber management.

2. Expenditures to support the purchase of assets, equipment, means, and tools for special operations to combat smuggling and commercial fraud.

3. Expenditures for propaganda activities against smuggling and commercial fraud in forest management, forest protection, and timber management.

4. Expenditures for慰问偏远地区的森林公安单位。支持牺牲的森林公安人员家庭和在执行任务中受伤的森林公安人员家庭。

5. 经费支持专题会议、研讨会、工作总结和反走私、反商业欺诈工作的总结会议。

6. 补充加班补助费用，按照现行规定支持反走私、反商业欺诈的工作经费。

7. The supporting expenditure for directing and managing activities mentioned above shall be transferred into the account of the Forest Protection Department or the Forest Protection Branches of provinces and centrally-administered cities opened at state treasuries. The year-end balance in this account shall be carried forward to the next year for use. The Forest Protection Department and the Forest Protection Branches of provinces and centrally-administered cities have the responsibility to manage and utilize these support funds in accordance with the contents of expenditures stipulated herein and the State Budget Law.

Article 5. Effective Date.

This Circular shall take effect forty-five days from the date of signature.