Joint Circular No. 21/2015/TTLT-BTC-BGTVT guiding the management, use, and settlement of recurrent expenditure from the state budget for civil aviation security work.

JOINT CIRCULAR

Guidelines for managing, using, and settling regular budget funds

of from the state budget for civil aviation security work

Ensuring civil aviation security

___________________

Pursuant to the State Budget Law 2002;

Pursuant to the Civil Aviation Law No. 66/2006/QH11 dated June 29, 2006;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Government Decree No. 81/2010/NĐ-CP dated July 14, 2010 on civil aviation security; Government Decree No. 51/2012/NĐ-CP dated June 11, 2012 amending and supplementing certain articles of Government Decree No. 81/2010/NĐ-CP dated July 14, 2010;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decision No. 44/2009/QĐ-TTg dated March 26, 2009 of the Prime Minister on the Overall Emergency Plan to Counteract Illegal Interference with Civil Aviation Activities;

Implementing Decision No. 1286/QĐ-TTg dated August 2, 2013 of the Prime Minister promulgating the Inter-Ministerial Coordination Regulations in Performing Civil Aviation Security Tasks;

The Minister of Finance and the Minister of Transport issue this Circular guiding the management, use, and settlement of regular budget funds for civil aviation security work.

Article 1. Scope of Regulation

This Circular guides the management, use, and settlement of regular budget funds for civil aviation security work.

Article 2. Applicability

1. National Civil Aviation Security Committee; Ministry of Transport; relevant ministries and sectors; People's Committees of provinces and centrally governed cities; People's Committees of islands where there are civil airports.

2. National Civil Aviation Emergency Command Board; National Civil Aviation Emergency Center; Provincial and centrally governed city Civil Aviation Emergency Command Boards; Island Civil Aviation Emergency Command Boards; Provincial and centrally governed city Civil Aviation Emergency Centers; Island Civil Aviation Emergency Centers.

Other agencies and units using state budget funds for civil aviation security work.

Article 3. Sources of funds for civil aviation security work

1. State budget funds allocated

a) The central budget ensures funding from economic service expenses for civil aviation security work of the National Civil Aviation Security Committee (including the National Civil Aviation Emergency Command Board, the National Civil Aviation Emergency Center), the Ministry of Transport, the Ministry of Defense, and the Ministry of Public Security;

b) Local budgets ensure funding from economic service expenses for civil aviation security work of the Provincial and centrally governed city Civil Aviation Emergency Command Boards; Island Civil Aviation Emergency Command Boards where there are civil airports (including Provincial and centrally governed city Civil Aviation Emergency Centers; Island Civil Aviation Emergency Centers).

2. Other sources as prescribed by law (if any).

3. For civil aviation security tasks under the responsibility of air transport enterprises, enterprises shall self-fund their implementation.

Article 4. Contents of expenditures from the central budget

1. Expenditures of the National Civil Aviation Security Committee:

a) Training and instructing skills in directing, commanding, and developing response plans for illegal interference with civil aviation activities for direct participating forces at ministries, sectors, provincial Civil Aviation Emergency Command Boards, and air transport enterprises (for leaders, heads, and deputy heads of departments directly related to civil aviation security work);

b) Organizing national-level drills and responses to illegal interference with civil aviation activities;

c) Propaganda and dissemination to raise awareness about civil aviation security among ministries, sectors, and localities;

d) Inspecting, supervising, and urging compliance with legal regulations in civil aviation security work;

đ) Purchasing, repairing, and maintaining equipment serving civil aviation security operations, including:

- Purchasing, repairing, and maintaining equipment of the National Civil Aviation Emergency Center to serve inter-ministerial coordination in civil aviation security, command and response to illegal interference with civil aviation activities at level 1 or as required by the Prime Minister;

- Purchasing, repairing, and maintaining other equipment to ensure inter-ministerial coordination services.

e) Expenses for seminars, mid-term reviews, and final summaries on national civil aviation security work; expenses for the operation of the National Civil Aviation Security Committee, including: mid-term review meetings, online teleconferences, and other related expenses (if any);

Operating costs of the Standing Office of the National Civil Aviation Security Committee are guaranteed by the Ministry of Transport; Regular expenses of personnel participating in the National Civil Aviation Emergency Command Board are guaranteed by the agencies and units that assign them.

g) Implementing international cooperation activities related to national civil aviation security work, including: attending international conferences and seminars; overseas surveys;

h) Other expenses directly related to national civil aviation security work (expenses for rectifying incidents directly related to national civil aviation security,...).

2. Expenditures of the Ministry of Transport

a) Training and instructing civil aviation security business for units directly related to civil aviation security work within the ministry;

b) Inspecting, surveying, testing, and evaluating compliance with legal regulations in civil aviation security work within the aviation sector and inter-ministerial coordination;

c) Expenses for mid-term review conferences on civil aviation security work within the sector and inter-ministerial coordination in civil aviation security;

d) Organizing sector-level drills to respond to illegal interference with civil aviation activities;

đ) Purchasing, repairing, and maintaining equipment for civil aviation security work under the Ministry of Transport's management responsibilities;

e) Other expenses directly related to national civil aviation security work within the sector.

3. Contents of expenditure of relevant Ministries (Ministry of Public Security, Ministry of National Defense)

Contents of expenditure according to the contents of coordination and assigned tasks under the Inter-Ministerial Coordination Regulation on Civil Aviation Security Tasks issued together with Decision No. 1286/QĐ-TTg dated August 2, 2013 of the Prime Minister on the issuance of the Inter-Ministerial Coordination Regulation on Civil Aviation Security Tasks.

Article 5. Contents of expenditure from local budget sources

Contents of expenditure of the Air Emergency Command of provinces and centrally governed cities; the Air Emergency Command of districts and islands where there are civil airports, including:

1. Training, instructing, and enhancing skills and expertise in responding to air emergency situations at the local level;

2. Drills for responding to unlawful interference in civil aviation activities at the grassroots level;

3. Expenditure for inspection, guidance, and response to unlawful interference in civil aviation activities at the local level;

4. Procurement, repair, and maintenance of equipment for ensuring civil aviation security of the Air Emergency Command and the Emergency Center of the Air Emergency Command of provinces and centrally governed cities, districts and islands;

5. Expenditure for the operation of the Air Emergency Command and the Emergency Center of the Air Emergency Command of provinces and centrally governed cities, districts and islands, including: mid-term and final review meetings, online teleconferences, and other related expenses (if any);

Regular expenditure of personnel participating in the Air Emergency Command of provinces and centrally governed cities, districts and islands shall be guaranteed by the agencies and units sending them.

6. Other expenditures directly related to civil aviation security work at the local level.

Article 6. Levels of expenditure for civil aviation security work

Ministries, localities, and agencies and units using state budget funds for civil aviation security work must comply with current financial expenditure standards and regulations issued by competent state authorities.

1. Some contents of expenditure have been stipulated in current legal documents:

a) Expenditure for organizing seminars, training sessions, and travel expenses according to Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance on travel expense allowances and financial management for conferences organized by state agencies and public service units;

b) Expenditure for civil aviation security training according to Circular No. 139/2010/TT-BTC dated September 21, 2010 of the Ministry of Finance on the preparation of budgets, management, and utilization of state budget funds for training and capacity building for officials and civil servants;

c) Expenditure for participation in multilateral and bilateral international conferences on civil aviation security organized by ICAO according to Circular No. 102/2012/TT-BTC dated June 21, 2012 of the Ministry of Finance on travel expense allowances for state officials and civil servants on short-term missions abroad.

2. For contents of expenditure without prescribed levels by competent state authorities, the Chairman of the National Civil Aviation Security Committee, the Minister of Transport, the Ministers of relevant Ministries, and the Chairmen of Provincial People's Committees shall determine the expenditure levels and bear responsibility for their decisions.

Article 7. Establishment, Implementation, and Settlement of State Budget Expenditures

The establishment, implementation, and settlement of state budget expenditures for civil aviation security work shall be carried out in accordance with the provisions of the State Budget Law and current guiding documents. This Circular specifically guides the following contents:

1. Preparing budgets

Annually, based on the guidelines for preparing the state budget draft issued by competent authorities at all levels, tasks to be implemented in the planned year, current financial expenditure regulations, and the provisions of this Circular, agencies and units assigned the task of preparing the budget draft shall proceed as follows:

a) For expenditures on civil aviation security work from the central government budget:

- The National Civil Aviation Security Commission's Permanent Office (assisting the National Civil Aviation Security Commission), the Civil Aviation Administration of Vietnam, based on the tasks approved by the competent authority, annually prepare the budget draft and report it to the Ministry of Transport for review and consolidation into the state budget draft of the Ministry, which will then be submitted to the Ministry of Finance for consolidation and reporting to the Government for submission to the National Assembly for approval in accordance with the regulations;

- For expenditures on civil aviation security work under the responsibility of relevant ministries (Ministry of Public Security, Ministry of Defense): Each ministry annually prepares its budget draft and consolidates it into its own state budget draft, which will then be submitted to the Ministry of Finance for consolidation and reporting to the Government for submission to the National Assembly for approval in accordance with the regulations.

b) For expenditures on civil aviation security work from local budgets:

Agencies and units assigned tasks by the Provincial Air Emergency Command Board under the Central Provinces and Island Districts shall annually prepare their budget drafts and submit them to higher-level management agencies for review and consolidation into the local budget draft, which will then be reported to the People's Council of the province for examination and decision-making.

2. Allocating budgets

a) For expenditures on civil aviation security work from the central government budget:

Based on the allocated budget and the expenditure items specified in Article 4 of this Circular, the Ministry of Transport and relevant ministries shall develop plans and allocate funds to units, submitting these to the Ministry of Finance for review as the basis for allocating the budget to units for implementation.

b) For expenditures on civil aviation security work from local budgets:

Based on the allocated budget and the provisions set forth in Article 5 of this Circular, higher-level management agencies shall develop plans and allocate funds to units assigned tasks, submitting these to the same-level finance agencies for review as the basis for allocating the budget to units for implementation.

3. Execution of the budget

a) Based on the expenditure budget allocated by the competent authority, agencies and units shall withdraw the budget from the State Treasury where transactions take place;

b) The State Treasury shall implement control and payment for tasks in accordance with the Ministry of Finance's regulations on managing, disbursing, and settling state budget expenditures through the State Treasury.

4. Settlement of Expenditures

a) Agencies and units allocated the budget for civil aviation security work shall be responsible for annually settling the allocated budget expenditures in accordance with current regulations on the settlement of state budget expenditures.

b) The examination and review of settlement reports shall be conducted according to the Ministry of Finance's guidelines on examining, reviewing, and announcing annual settlements for administrative agencies, public institutions, organizations supported by the state budget, and budgets at various levels.

Article 8. Inspection Work

The Ministry of Transport, relevant ministries, and the Air Emergency Command Board of provinces and centrally-administered cities with airports and airfields shall be responsible for leading and coordinating with the same-level finance agencies to periodically and randomly inspect units regarding the implementation status and expenditures for civil aviation security work.

Article 9. Implementation Organization

1. This Circular takes effect from April 1, 2015.

2. If the legal normative documents cited for application in this Circular are amended, supplemented, or replaced by new legal normative documents, they shall be applied according to those new documents.

3. During the implementation process, if there are any difficulties, please report them to the Ministry of Finance and the Ministry of Transport for study and resolution./.