JOINT CIRCULAR No. 168/2013/TTLT-BTC-BCA GUIDING THE IMPLEMENTATION OF DECISION No. 47/2012/QĐ-TTg dated November 1, 2012 of the Prime Minister on the establishment, management, and use of the Crime Prevention and Suppression Fund

JOINT CIRCULAR

Guidelines for Implementing Decision No. 47/2012/QD-TTg dated November 1, 2012

of the Prime Minister on the establishment, management, and use

of the Crime Prevention and Suppression Fund

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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 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. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decision No. 47/2012/QD-TTg dated November 1, 2012 of the Prime Minister on the establishment, management, and use of the Crime Prevention and Suppression Fund;

The Minister of Finance and the Minister of Public Security issue this Joint Circular guiding the implementation of Decision No. 47/2012/QD-TTg dated November 1, 2012 of the Prime Minister on the establishment, management, and use of the Crime Prevention and Suppression Fund.

Article 1. Scope of Regulation and Applicability

1. This Joint Circular guides the establishment, management, and use of the Central Crime Prevention and Suppression Fund and the Crime Prevention and Suppression Fund at provincial levels (referred to collectively as provincial level) in accordance with Decision No. 47/2012/QD-TTg dated November 1, 2012.

2. This Joint Circular applies to Ministries, agencies equivalent to Ministries, units, localities managing and using the Crime Prevention and Suppression Fund, and related organizations, institutions, and individuals.

Article 2. Levels of rewards and contributions to the Crime Prevention and Suppression Fund

1. For criminal cases and drug-related cases classified as less serious crimes:

After the Judgment or Decision of the Court regarding criminal cases and drug-related cases becomes legally effective, the enforcement agencies at all levels or the agencies currently managing Vietnamese currency, foreign currency, assets, means, and evidence shall be responsible for transferring the entire amount of Vietnamese currency, foreign currency, assets, means, and evidence seized by the Court in criminal cases (excluding drugs and evidence that must be destroyed according to the law) to the Department of Finance where the People's Court of first instance conducted the trial.

The Director of the Department of Finance, acting on behalf of the Chairman of the Provincial People's Committee, shall be responsible for receiving the entire amount of Vietnamese currency, foreign currency, assets, evidence, and means transferred by the enforcement agencies at all levels or the agencies currently managing Vietnamese currency, foreign currency, assets, means, and evidence, organizing public auctions of assets, evidence, and means (if applicable) in accordance with the law, and submitting to the Chairman of the Provincial People's Committee for handling the Vietnamese currency, foreign currency, and proceeds from the public auction of assets, evidence, and means as follows:

a) Deduct 42% for the Central Crime Prevention and Suppression Fund;

b) Deduct 58% for the provincial-level Crime Prevention and Suppression Fund.

2. For criminal cases and drug-related cases classified as serious, very serious, and extremely serious crimes:

After the Judgment or Decision of the Court becomes legally effective, the enforcement agencies at all levels or the agencies currently managing Vietnamese currency, foreign currency, assets, means, and evidence shall transfer the entire amount of Vietnamese currency, foreign currency, assets, means, and evidence seized by the Court in criminal cases (excluding drugs and evidence that must be destroyed according to the law) to the Department of Finance where the People's Court of first instance conducted the trial.

The Director of the Department of Finance, acting on behalf of the Chairman of the Provincial People's Committee, shall be responsible for receiving the entire amount of Vietnamese currency, foreign currency, assets, evidence, and means transferred by the enforcement agencies at all levels or the agencies currently managing Vietnamese currency, foreign currency, assets, means, and evidence, organizing public auctions of assets, evidence, and means (if applicable) in accordance with the law, and submitting to the Chairman of the Provincial People's Committee for handling the Vietnamese currency, foreign currency, and proceeds from the public auction of assets, evidence, and means as follows:

a) Deduct 30% for the direct investigative agency that discovered, apprehended, and investigated the criminal case to reward the units and individuals directly involved in detecting, arresting criminals, and investigating, prosecuting, and adjudicating these cases in accordance with Article 6 of this Joint Circular;

b) Deduct 30%, transfer to the Central Crime Prevention and Suppression Fund;

c) Deduct 40%, transfer to the provincial-level Crime Prevention and Suppression Fund where the People's Court of first instance conducted the trial.

Article 3. Sources for forming the Crime Prevention and Control Fund

1. For the Central Crime Prevention and Control Fund:

a) The amount specified at point a, Clause 1, Article 2 (42%), the amount specified at point b, Clause 2, Article 2 (30%), and the amount specified at point a, Clause 2, Article 6 of this Joint Circular;

b) All donations from domestic and foreign organizations and individuals as stipulated in Clause 1, Article 5 of this Joint Circular;

c) Other lawful amounts raised (if any) as prescribed by law.

2. For the Provincial Crime Prevention and Control Fund:

a) The amount specified at point b, Clause 1, Article 2 (58%), the amount specified at point c, Clause 2, Article 2 (40%), and the amount specified at point b, Clause 2, Article 6 of this Joint Circular;

b) All donations from domestic and foreign organizations and individuals as stipulated in Clause 1, Article 5 of this Joint Circular;

c) Other lawful amounts raised (if any) as prescribed by law.

Article 4. Management and Operation of the Crime Prevention and Control Fund

1. The Minister of Public Security manages and operates the Central Crime Prevention and Control Fund.

The Director of the Permanent Office for Crime Prevention and Drug Control under the Ministry of Public Security assists the Minister of Public Security in overseeing, managing, disbursing, and settling accounts of the Central Crime Prevention and Control Fund according to this Joint Circular.

2. The Chairman of the People's Committee of the province manages and operates the Provincial Crime Prevention and Control Fund.

The Director of the Department of Finance of the provinces and centrally governed cities assists the Chairman of the People's Committee of the province in establishing the Provincial Crime Prevention and Control Fund and overseeing, managing, disbursing, and settling accounts of the Provincial Crime Prevention and Control Fund according to this Joint Circular.

3. The Director of the Permanent Office for Crime Prevention and Drug Control under the Ministry of Public Security and the Director of the Department of Finance of the provinces and centrally governed cities are authorized to open accounts at the State Treasury (where the unit is headquartered) to manage and monitor income and expenditure of the Crime Prevention and Control Fund.

Article 5. Acceptance, Management, and Use of Donations

1. Donations from domestic and foreign individuals and organizations for crime prevention and control; drug prevention and control in the form of money, means, assets, and other lawful sources if there is a specific address, shall be transferred to that address as designated by the donor according to current laws. If there is no specific address, it shall be transferred to the Central Crime Prevention and Control Fund.

2. The Director of the Permanent Office for Crime Prevention and Drug Control under the Ministry of Public Security is responsible for accepting donations for central crime prevention and control; drug prevention and control (including donations without a specific address for crime prevention and control; drug prevention and control). If the donation is in Vietnamese currency or foreign currency, it shall be directly accepted and deposited into the account of the Central Crime Prevention and Control Fund. If the donation is in kind, a receipt of delivery and acceptance shall be established and reported to the Minister of Public Security for decision.

3. The Director of the Department of Finance of the provinces and centrally governed cities is responsible for accepting donations from organizations and individuals for local crime prevention and control; drug prevention and control. If the donation is in Vietnamese currency or foreign currency, it shall be directly accepted and deposited into the account of the Provincial Crime Prevention and Control Fund. If the donation is in kind, a receipt of delivery and acceptance shall be established and reported to the Chairman of the People's Committee of the province for decision.

In cases where equipment and means received from the above sources are suitable for the equipment and activities of units engaged in crime prevention and control; drug prevention and control, the Director of the Permanent Office for Crime Prevention and Drug Control under the Ministry of Public Security or the Director of the Department of Finance of the provinces and centrally governed cities shall take the lead in re-evaluating the assets based on the standards and quotas for equipment of the Ministry of Public Security, the Ministry of Defense, and the Ministry of Finance for units engaged in crime prevention and control; drug prevention and control, and report to the Minister of Public Security or the Chairman of the People's Committee of the province for a decision to allocate such equipment and means to the units engaged in crime prevention and control; drug prevention and control. At the same time, procedures for recording revenue to the state budget and expenditure for the allocated units according to the re-evaluated asset value shall be carried out. Units receiving equipment and means have the responsibility to maintain records and manage and use the assets provided in accordance with current state regulations on the management and use of public assets.

In cases where assets and means received from the above sources are not suitable for crime prevention and control; drug prevention and control, the Director of the Permanent Office for Crime Prevention and Drug Control under the Ministry of Public Security shall report to the Minister of Public Security, and the Director of the Department of Finance of the provinces and centrally governed cities shall report to the Chairman of the People's Committee of the province to organize a public auction according to the law. The proceeds from the sale, after deducting reasonable expenses according to the law on selling assets (if any), shall be transferred to the account of the Central Crime Prevention and Control Fund or the Provincial Crime Prevention and Control Fund, and at the same time, procedures for recording revenue to the state budget and expenditure for the Crime Prevention and Control Fund shall be carried out. Units receiving the equipment and means are responsible for maintaining records and managing and using the assets provided in accordance with current state regulations on the management and use of public assets.

Article 6. Management and use of funds allocated for rewards (as stipulated in point a, Clause 2, Article 2 of this Joint Circular)

1. Based on the amount of Vietnamese dong, foreign currency, proceeds from auctioning assets, means of transportation, and evidence (if applicable) obtained from criminal cases involving serious, very serious, and extremely serious offenses within the provinces and centrally governed cities, the Chairman of the People's Committee at the provincial level shall decide to allocate 30% (as stipulated in point a, Clause 2, Article 2 of this Joint Circular) as rewards for units and individuals directly involved in capturing criminals, discovering, investigating, prosecuting, and adjudicating criminal cases involving serious, very serious, and extremely serious offenses and drug-related crimes according to the provisions of the Prime Minister's Decision No. 47/2012/QĐ-TTg. The specific reward amounts for each collective and individual with outstanding achievements shall be decided by the Chairman of the People's Committee at the provincial level, with the maximum reward for an individual being VND 5,000,000/person/case and for a collective being VND 30,000,000/collective/case.

Based on the decision of the Chairman of the People's Committee at the provincial level, the head of the investigative agency primarily responsible for the case shall coordinate with the agency that discovered the lead on the case to consider rewarding units and individuals with outstanding achievements.

2. After implementing rewards for individuals and collectives as prescribed in Clause 1 of this Article, if there is any remaining amount, it shall be considered as 100%. The Director of the Department of Finance of the provinces and centrally governed cities shall report to the Chairman of the People's Committee at the provincial or centrally governed city level to implement the following:

a) Allocate 42%, transfer into the Central Crime Prevention Fund;

b) Allocate 58%, transfer into the Provincial Crime Prevention Fund where the People's Court at the provincial level conducts the first-instance trial.

Article 7. Contents and Levels of Expenditure from the Crime Prevention Fund

1. For the Central Crime Prevention and Control Fund:

a) Supporting activities to track down criminal gangs, groups, and networks, as well as routes for buying, transporting, storing, and using illegal drugs; supporting investigations, prosecutions, and trials of key and major cases as decided by the competent authority: The contents and levels of expenditure shall be in accordance with the regulations of the Minister of Public Security, the Minister of National Defense, the Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme People's Procuracy regarding the investigation, prosecution, and trial of key and major cases.

b) Supporting monetary rewards for individuals, families, agencies, and organizations with outstanding achievements in crime prevention and drug control work as decided by the central competent authority: Implementation shall be as follows:

- Providing monetary rewards for individuals, families, agencies, and organizations with outstanding achievements in crime prevention and drug control work must ensure that the achievements are supported with corresponding rewards; achievements made under difficult conditions and with wider influence shall be considered for higher monetary rewards; mainly supporting small collectives and individuals.

The agency managing individuals, families, agencies, and organizations with outstanding achievements in crime prevention and drug control work is the lead agency responsible for preparing files to request monetary rewards for the subjects under its management.

To avoid duplication, inconsistencies regarding the recipients and levels of rewards in monetary support from the Central Crime Prevention Fund, the Ministry of Public Security (the agency managing the Central Crime Prevention Fund) must coordinate with localities where the individuals and collectives proposed for monetary rewards are located.

- The specific level of monetary rewards for each collective and individual shall be decided by the Minister of Public Security, with a maximum of VND 3,000,000/person/reward occasion for individuals and VND 15,000,000/collective/reward occasion for collectives.

c) Supporting compensation and assistance for losses suffered by individuals and collectives directly participating in crime prevention and drug control work as decided by the central competent authority. Implementation shall follow the levels specified in the Joint Circular No. 03/2005/TTLT-BCA-BTC-BLDTBXH-BQP dated June 6, 2005, issued by the Ministry of Public Security, the Ministry of Finance, the Ministry of Labor, Invalids, and Social Affairs, and the Ministry of National Defense, guiding the implementation of certain points of the Government's Decree No. 103/2002/NĐ-CP dated December 17, 2002, concerning compensation and assistance for individuals, families, agencies, and organizations participating in drug control work who have suffered losses to life, health, and property.

d) Supporting research and application of detoxification treatments and rehabilitation for drug addicts. The expenditure levels shall be implemented according to the regulations in the Joint Circular No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007, issued by the Ministry of Finance and the Ministry of Science and Technology, guiding the establishment and allocation of budgets for scientific and technological projects funded by the state budget and the regulations of the Ministry of Health and the Ministry of Labor, Invalids, and Social Affairs.

2. For the Provincial Crime Prevention and Control Fund:

a) Supporting units directly combating crime and drug control in purchasing technical equipment for their operations. The contents and levels of support shall be decided by the Chairman of the People's Committee at the provincial level based on standards, quotas, and the current status of staffing and equipment of the units directly combating crime and drug control at the provincial level.

Purchasing technical equipment for crime prevention and drug control from the Provincial Crime Prevention Fund shall be carried out strictly in accordance with the existing procedures and regulations of the State on procurement and tendering for state assets.

b) Providing a one-time support to relatives of those who have sacrificed (including spouse, biological parents, biological children, legally adopted children, and persons recognized by law as having raised them), and individuals who have been injured or fallen ill due to direct participation in crime prevention and drug control work. The maximum level of support shall be ten months' basic salary, applicable to administrative and public service agencies.

c) Supporting the removal and replacement of plants containing narcotic substances on the territory as decided by the competent authority, including:

- Support for forces directly participating in removing wild-growing or illegally planted drug-containing plants: the level of support is based on the number of people and actual working days participating, the agency responsible for removing the drug-containing plants provides support to those who do not receive salary from the State budget: the maximum support level is 250,000 VND/day/person; those who receive salary from the State budget: the support level is implemented according to the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance regarding travel expenses and financial regulations for organizing meetings for state agencies and public service units.

To avoid duplicate expenditures, the agency responsible for removing drug-containing plants shall notify in writing (in the invitation or summons) the agencies or units sending personnel to participate in removing drug-containing plants that they will not be charged for this expense.

- Support for replacing drug-containing plants: the level of support is determined by the Chairman of the People's Committee at the provincial level based on the specific circumstances of each locality, the area of replacement planting locally, and the capacity of the provincial crime prevention fund.

d) Support for the activities of campaigns to prevent and combat crime; prevent and combat drugs in the locality, including: editing, publishing, writing articles to promote the policies of the Party and laws of the State on crime prevention and control; drug prevention and control; organizing meetings with the community, establishing propaganda teams together with village elders and village chiefs to visit every household to call upon and mobilize relatives who are fugitives to surrender and enjoy the leniency policy of the Party and the State, mobilizing and promoting children, grandchildren, and clans not to violate the law, not to participate in drug trafficking, buying, selling, and illegal possession and use in key areas with complex crime and drug issues. The content and level of support are decided by the Chairman of the People's Committee at the provincial level based on the nature, scale, scope, and degree of implementation of the campaigns, current financial expenditure standards and regulations, and the capacity of the provincial crime prevention fund.

đ) Support for monetary rewards to individuals, families, agencies, and organizations with outstanding achievements in crime prevention and control; drug prevention and control, ensuring that the reward matches the achievement; the more difficult the conditions and the wider the impact of the achievement, the higher the monetary reward can be considered and proposed; mainly supporting small groups and individuals.

The agency managing individuals, families, agencies, and organizations with outstanding achievements in crime prevention and drug control work is the lead agency responsible for preparing files to request monetary rewards for the subjects under its management.

- The specific level of monetary reward for each group and individual is decided by the Chairman of the People's Committee at the provincial level, with a maximum of 3,000,000 VND per person per award for individuals and 15,000,000 VND per group per award for groups.

e) Compensation and assistance for losses according to the decision of the competent authority at the local level for individuals directly participating in crime prevention and control; drug prevention and control who suffer loss of life, health, or property, carried out according to the levels specified in Joint Circular No. 03/2005/TTLT-BCA-BTC-BLDTBXH-BQP dated June 6, 2005 of the Ministry of Public Security, the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Defense guiding the implementation of certain points of Decree No. 103/2002/NĐ-CP dated December 17, 2002 of the Government on compensation and assistance for individuals, families, agencies, and organizations participating in drug prevention and control who suffer loss of life, health, or property.

Article 8. Establishing Budget Estimates, Finalizing Accounts, Inspecting, and Auditing the Crime Prevention and Suppression Fund

1. Establishment of budget projections:

When there is a need to use the Crime Prevention and Suppression Fund, ministries, central agencies, units, and provincial-level agencies shall base on the content and level of expenditure specified in Article 7 of this Joint Circular to establish budget estimates for the Fund and submit them to the Ministry of Public Security (for the Central Crime Prevention and Suppression Fund) or the People's Committee of the province or centrally-administered city (for the Provincial Crime Prevention and Suppression Fund).

Within the actual amount available in the Crime Prevention and Suppression Fund, the Minister of Public Security (for the Central Crime Prevention and Suppression Fund) or the Chairman of the Provincial People's Committee (for the Provincial Crime Prevention and Suppression Fund) shall examine, approve, and decide on specific items of expenditure, the total estimated budget expenditure, and notify the Director of the Office of the Central Steering Committee for Crime Prevention and Suppression and Drug Control under the Ministry of Public Security or the Director of the Department of Finance of the province or centrally-administered city to implement, and simultaneously send to the Ministry of Finance and the State Treasury (where the Crime Prevention and Suppression Fund has an account) for general oversight and management according to current regulations on state budget management.

2. Finalizing Accounts of the Crime Prevention and Suppression Fund:

a) Ministries, central agencies, and agencies and units under provinces and centrally-administered cities when receiving and using the Crime Prevention and Suppression Fund must open accounting books to record income and expenditure from the Fund and prepare final accounts reports in accordance with the laws on state budget; prepare and submit financial reports on the use of the Fund regularly and semi-annual and annual final accounts reports to the agency managing the Central Crime Prevention and Suppression Fund or the agency managing the Provincial Crime Prevention and Suppression Fund.

b) The Director of the Office of the Central Steering Committee for Crime Prevention and Suppression and Drug Control under the Ministry of Public Security shall prepare reports on the final accounts of income and expenditure of the Central Crime Prevention and Suppression Fund for approval by the Minister of Public Security and compile data on the final accounts of the Provincial Crime Prevention and Suppression Fund periodically every six months and annually, or as required by the Prime Minister, and simultaneously send to the Ministry of Finance for general oversight and management.

c) The Director of the Department of Finance of the province or centrally-administered city shall prepare reports and finalize accounts of income and expenditure of the Provincial Crime Prevention and Suppression Fund for approval by the Chairman of the Provincial People's Committee and submit to the Ministry of Public Security periodically every six months and annually, or as required by the Minister of Public Security to compile reports for the Prime Minister, and simultaneously send to the Ministry of Finance for general oversight and management.

Heads of agencies and units using and managing the Crime Prevention and Suppression Fund at all levels shall be responsible under the law for the legality and accuracy of the data in the management, use, and final accounts report of the Crime Prevention and Suppression Fund.

3. Any remaining balance in the Crime Prevention and Suppression Fund and support funds provided to agencies and units from the Crime Prevention and Suppression Fund (including both central and provincial levels) at the end of the year that have not been fully utilized shall be carried over to the next year for continued use.

4. The Crime Prevention and Suppression Fund (central and provincial) shall be subject to inspection, audit, supervision, and review by the Ministry of Public Security and other competent state agencies according to the laws on state budget management.

Article 9. Implementation Provisions

1. This Joint Circular takes effect from January 1, 2014. The Joint Circular No. 144/2009/TTLT-BTC-BCA dated July 16, 2009 guiding the management and use of the Drug Prevention and Suppression Fund as stipulated in Decision No. 110/2008/QĐ-TTg dated August 13, 2008 of the Prime Minister on the establishment, management, and use of the Drug Prevention and Suppression Fund is hereby abolished.

2. The remaining balance of the Central Drug Prevention and Suppression Fund shall be transferred into the Central Crime Prevention and Suppression Fund, and the remaining balance of the Provincial Drug Prevention and Suppression Fund shall be transferred into the Provincial Crime Prevention and Suppression Fund for continued use according to the provisions of this Circular. During implementation, if there are any difficulties, please reflect them to the Ministry of Finance and the Ministry of Public Security for coordination in research and resolution.

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