Circular No. 19/2010/TT-BCA on the management and use of funds contributed to fire prevention and firefighting activities from mandatory fire and explosion insurance

CIRCULAR

Provisions on the management and use of funds contributed to fire prevention and firefighting activities
 from mandatory fire and explosion insurance business

Pursuant to Decree No. 130/2006/NĐ-CP dated November 8, 2006 on the compulsory fire and explosion insurance regime;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

To strictly manage and use funds contributed to fire prevention and firefighting activities from mandatory fire and explosion insurance business economically and effectively, the Ministry of Public Security hereby stipulates as follows:

Article 1. Scope of Regulation

This Circular stipulates the management and use of funds contributed to fire prevention and firefighting activities from mandatory fire and explosion insurance business by insurance enterprises (hereinafter referred to as contribution funds for fire prevention and firefighting) as prescribed in Decree No. 130/2006/NĐ-CP dated November 8, 2006 on the compulsory fire and explosion insurance regime.

Article 2. Applicability

This Circular applies to the Fire Prevention and Fighting Police Force and Disaster and Rescue Services, and public security units and localities related to the management and use of contribution funds for fire prevention and firefighting.

Article 3. Principles of managing and using contribution funds for fire prevention and firefighting

Contribution funds for fire prevention and firefighting must be strictly managed, used for their intended purposes, ensuring transparency and compliance with the provisions of the State Budget Law, guiding documents implementing the State Budget Law in the field of security and public order, this Circular, and other relevant laws.

Article 4. Contents and levels of expenditure of contribution funds for fire prevention and firefighting

1. Expenditure on investment and procurement of equipment, devices, and means for fire prevention, firefighting, and disaster and rescue services (collectively referred to as fire prevention and firefighting means): 70% (seventy percent).

The Fire Prevention and Fighting Police Force is responsible for organizing the investment and procurement of fire prevention and firefighting means for public security units and localities in accordance with the provisions of the law and the approved budget and plan by the leadership of the Ministry.

2. Expenditure to support the Fire Prevention and Fighting Police Force, provincial-level public security organs, and municipal-level public security organs directly under the central government, and Departments of Fire Prevention and Fighting and Disaster and Rescue Services in carrying out propaganda, dissemination, and education on laws and general knowledge about fire prevention and firefighting for the entire population; expenditure for rewarding organizations and individuals with outstanding achievements in fire prevention and firefighting work: 30% (thirty percent), specifically as follows:

a) Expenditure to support propaganda, dissemination, and education on laws and general knowledge about fire prevention and firefighting shall be carried out in accordance with the provisions of Circular No. 63/2005/TT-BTC dated August 5, 2005 of the Ministry of Finance guiding the management and use of funds to ensure the implementation of propaganda, dissemination, and education on laws, and according to the approved budget.

b) Expenditure to support rewards for organizations and individuals with outstanding achievements in fire prevention and firefighting and disaster and rescue services, in propaganda, dissemination, and education on laws and general knowledge about fire prevention and firefighting:

- The Director of the Fire Prevention and Fighting Police Force, the Provincial Public Security Chief, and the Municipal Public Security Chief directly under the central government, and the Department Head of Fire Prevention and Fighting and Disaster and Rescue Services decide the level of reward expenditure for individuals not exceeding VND 1,000,000/person; for groups not exceeding VND 1,500,000/group.

- The leadership of the Administrative Management General Bureau for Public Order and Social Safety decides the level of reward expenditure for individuals not exceeding VND 2,000,000/person; for groups not exceeding VND 3,000,000/group.

- The leadership of the Ministry of Public Security decides the level of reward expenditure for individuals not exceeding VND 3,000,000/person; for groups not exceeding VND 5,000,000/group.

Article 5. Preparation of Budget Estimates and Final Accounts for Contributions to Fire Prevention and Fighting

1. Annually, based on the content and expenditure levels for contributions to fire prevention and fighting as stipulated in Article 4 of this Circular, the Provincial Police Force, the Municipal Police Force under the Central Government, the Department of Fire Prevention and Fighting and Rescue shall prepare detailed budget estimates for contributions to fire prevention and fighting to serve propaganda, dissemination, and education on laws and general knowledge about fire prevention and fighting, to build mass movements for fire prevention and fighting, and to invest in and purchase fire prevention and fighting equipment for localities, and send them to the Department of Fire Prevention and Fighting and Rescue.

Based on the proposals and budget estimates for contributions to fire prevention and fighting from units and local police forces, the needs for fire prevention and fighting equipment, and the requirements for fire prevention and fighting and rescue operations from units and local police forces, the Department of Fire Prevention and Fighting and Rescue shall prepare detailed budget estimates for allocating contributions to fire prevention and fighting to units and local police forces and submit them to the Financial Department.

2. Based on the proposals and budget estimates for contributions to fire prevention and fighting from the Department of Fire Prevention and Fighting and Rescue and the actual amount contributed to fire prevention and fighting in the temporary account opened at the State Treasury by the Ministry of Public Security, the Financial Department shall compile a report for approval by the leadership of the Ministry regarding the budget estimates and allocation plans for fire prevention and fighting funds for units and local police forces according to the general regulations.

3. Contributions to fire prevention and fighting funds shall be settled and finalized separately from other sources of funding and submitted to the Financial Department along with quarterly and annual final accounts reports of units and local police forces; they shall also be sent to the Department of Fire Prevention and Fighting and Rescue.

4. Unspent fire prevention and fighting funds at the end of the year may be carried over to the next year to continue spending on the contents and expenditure levels as prescribed in this Circular.

Article 6. Reporting on the Results of Using Contributions to Fire Prevention and Fighting Funds

Annually, units and local police forces responsible for managing and using contributions to fire prevention and fighting funds shall be responsible for reporting the results of using these contributions to the Financial Department for overall monitoring and compilation, and reporting to the Ministry's leadership.

Article 7. Implementation Provisions

1. This Circular takes effect from July 23, 2010.

2. The Financial Department and the Department of Fire Prevention and Fighting and Rescue shall be responsible for monitoring, guiding, inspecting the receipt, management, use, and settlement of contributions to fire prevention and fighting funds in accordance with this Circular and other relevant laws.

3. The Directors of General Departments, Heads of Units directly under the Ministry, and Directors of Provincial and Municipal Police Forces and Departments of Fire Prevention and Fighting and Rescue shall be responsible for implementing this Circular.

During implementation, if any difficulties arise, units and local police forces shall reflect them to the Ministry (through the Financial Department and the Department of Fire Prevention and Fighting and Rescue) for timely guidance./.