Decision No. 21/2016/QD-TTG Issuing the Inter-Ministerial Regulation on Prevention and Combating Domestic Violence

DECISION
Regarding support for funding for anti-smuggling activities,
commercial fraud, counterfeit goods, and payment of management costs,
handling assets confiscated according to the law in the field of
anti-smuggling, trade fraud, counterfeit goods

Anti-Smuggling, Commercial Fraud, and Counterfeit Goods,
Pursuant to the Law on State Budget dated December 16, 2002;
Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;
Pursuant to the Law on the Organization of the Government dated June 19, 2015: Pursuant to Decree No. 29/2014/NĐ-CP dated April 10, 2014 of the Government regarding the authority and procedures for establishing state ownership over assets and managing, disposing of assets that have been established as state-owned; At the proposal of the Minister of Finance,
the Prime Minister issues this Decision to provide for support for funding foranti-smuggling, commercial fraud, counterfeit goods activities and payment of management costs, handling assets confiscated according to the law in the field of anti-smuggling, commercial fraud, and counterfeit goods.
This Decision provides for support for funding for anti-smuggling, commercial fraud, counterfeit goods activities; payment of management costs, handling assets that are evidence, means of administrative violations confiscated and evidence in criminal cases, part or all of the property belonging to the convicted person confiscated according to the law on criminal matters and criminal procedure in the field of anti-smuggling, commercial fraud, and counterfeit goods (hereinafter referred to as payment of management costs, handling confiscated assets). The subjects to which this Decision applies are forces with functions to combat smuggling, commercial fraud, counterfeit goods (hereinafter collectively referred to as agencies and units combating smuggling, commercial fraud, counterfeit goods), including: Police, border guard, coast guard, market administration, competition management, forestry rangers, agencies assigned to perform specialized inspection functions, tax, customs, and other functional forces at central and local levels assigned tasks to inspect and handle violations of laws on smuggling, commercial fraud, and counterfeit goods according to the law. Article 3. Principles for supporting funding for anti-smuggling, commercial fraud, counterfeit goods activities and payment of management costs, handling confiscated assets

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. In addition to annual administrative management funds allocated from the state budget for agencies and units combating smuggling, commercial fraud, counterfeit goods (including salary fund, regular activity expenses, special business expenses, procurement of assets and equipment), agencies and units combating smuggling, commercial fraud, counterfeit goods shall also be allocated additional funding from the state budget to support anti-smuggling, commercial fraud, counterfeit goods activities.

Article 2. Applicability

2. For agencies and units that both engage in anti-smuggling, commercial fraud, counterfeit goods activities and handle administrative violations and criminal proceedings in other fields, the support for funding for anti-smuggling, commercial fraud, counterfeit goods activities and payment of management costs, handling confiscated assets from anti-smuggling, commercial fraud, counterfeit goods cases shall be applied according to this Decision; for activities handling administrative violations and criminal proceedings in other fields, they shall be implemented according to current laws.

3. During the process of paying management costs, handling confiscated assets, if the case involves multiple forces participating, the head of the agency or unit leading the anti-smuggling, commercial fraud, counterfeit goods efforts shall be responsible for considering and deciding on the payment of management costs, handling confiscated assets based on the complexity of the case and the level of participation of each agency or unit, ensuring appropriateness, effectiveness, and transparency.

SUPPORT FUNDS FOR ANTI-SMUGGLING ACTIVITIES,

COMMERCIAL FRAUD, AND COUNTERFEIT GOODS
3. During the process of settling management costs and handling confiscated assets, if the case involves multiple forces participating, the head of the agency or unit responsible for combating smuggling, commercial fraud, and counterfeit goods shall be responsible for examining and deciding on the settlement of management costs and the handling of confiscated assets based on the complexity of the case and the level of participation of each agency or unit, ensuring that it is appropriate, effective, and transparent.

Chapter II
SPECIFIC PROVISIONS

Section 1
SUPPORT EXPENSES FOR ACTIVITIES TO COMBAT SMUGGLING,
COMMERCIAL FRAUD, COUNTERFEIT GOODS

Article 4. Sources of financial support

1. Financial support from the state budget:

a) The provision of financial support for anti-smuggling, commercial fraud, and fake goods activities from the state budget as stipulated in Clause 1, Article 3 of this Decision shall be implemented as follows:

- Central budget funds to support central agencies and units combating smuggling, commercial fraud, and fake goods.
- Local budget funds to support local agencies and units combating smuggling, commercial fraud, and fake goods according to current budget levels. Based on the situation of anti-smuggling, commercial fraud, and fake goods efforts within their jurisdiction and the capacity of their budget, People's Committees at all levels shall decide on using their own budgets to support agencies and units under higher-level management that operate within their jurisdiction, in accordance with current laws.

b) The preparation of annual financial support budgets from the state budget as stipulated in Point a, Clause 1 of this Article shall be based on the requirements and tasks of anti-smuggling, commercial fraud, and fake goods activities for the planned year and shall not exceed the revenue from administrative and criminal penalties collected from smuggling, commercial fraud, and fake goods cases seized and processed by competent authorities in the previous year, including:

- Administrative fine payments; proceeds from the sale of confiscated assets and means of transportation turned over to the state treasury after deducting reasonable and lawful expenses as prescribed by law. Proceeds from the sale of assets as evidence in criminal cases, partially or wholly owned by convicted persons, confiscated according to criminal and criminal procedure laws for criminal cases involving smuggling, commercial fraud, and fake goods, turned over to the state treasury after deducting reasonable and lawful expenses as prescribed by law.

2. Voluntary financial support from industry associations, businesses, and programs supporting anti-smuggling, commercial fraud, and fake goods efforts by organizations and individuals both domestically and internationally (hereinafter referred to as organizations, entities, and individuals) directly contributed to agencies and units combating smuggling, commercial fraud, and fake goods (excluding financial support for tobacco leaf smuggling prevention and control and the production and sale of fake tobacco).

Article 5. Management and utilization of financial support sources

1. Financial support from the state budget for anti-smuggling, commercial fraud, and fake goods activities shall be allocated to the annual regular expenditure budget of agencies and units combating smuggling, commercial fraud, and fake goods and shall be used only for the purposes specified in Article 6 of this Decision. The use of funds must comply with the intended purpose, standards, and regulations of the competent authority and must not overlap with other state budget funding sources.

2. For financial support from organizations, entities, and individuals as stipulated in Clause 2, Article 4 of this Decision, agencies and units combating smuggling, commercial fraud, and fake goods must track and account for these funds separately.

The receipt, management, and use of financial support from foreign organizations and individuals shall be carried out in accordance with Decree No. 93/2009/NĐ-CP dated October 22, 2009, issued by the Government on the management and use of non-governmental foreign aid.

The management and use of financial support from domestic organizations, entities, and individuals must comply with the specific purposes of voluntary contributors and ensure compliance with current laws. In cases where the support does not specify a specific purpose, the head of the agency or unit combating smuggling, commercial fraud, and fake goods shall base decisions on the nature and amount of expenditures as stipulated in Article 6 of this Decision to ensure alignment with the work of the agency or unit, ensuring transparency. Unspent funds may be carried forward to the next year for continued use.

Article 6. Content and Level of Support Expenditure

Agencies and units combating smuggling, commercial fraud, and counterfeit goods may use the support funds under Clause 1 of Article 4 of this Decision for the following purposes:

1. Expenditures included in the regular budget of agencies and units that have been approved by competent authorities but where the regular budget funds have been fully utilized. Specifically:

a) Expenditure on propaganda and dissemination of laws related to preventing and combating smuggling, commercial fraud, and counterfeit goods;

b) Expenditure on travel expenses, summary meetings, final meetings, training, and vocational training related to work on preventing and combating smuggling, commercial fraud, and counterfeit goods;

c) Expenditure on purchasing equipment, repairing tools, renting equipment and means of transportation, and fees and charges for registering and inspecting equipment directly serving anti-smuggling, commercial fraud, and counterfeit goods activities;

d) Expenditure on fuel for vehicles used for inspection, arrest, escort, and protection of violators and contraband; expenditure on communication, office supplies, and printing materials serving anti-smuggling, commercial fraud, and counterfeit goods activities;

đ) Expenditure on rewards for collectives and individuals with outstanding achievements in preventing and combating smuggling, commercial fraud, and counterfeit goods according to the Law on Encouragement and Rewards;

e) Expenditure for overtime work according to current regulations. The level of expenditure for the above items shall be implemented according to current standards, quotas, and systems.

2. Special expenditures not included in the regular budget:

a) Allowance during treatment time for civil servants, public officials, officers, non-commissioned officers, soldiers who are injured or killed, and their families during the investigation and arrest process; payment for hospitalization costs when it does not fall within or exceeds the scope of reimbursement by the Health Insurance Fund or is partially reimbursed by the Health Insurance Fund. The specific level of support is determined by the head of the agency or unit combating smuggling, commercial fraud, and counterfeit goods but shall not exceed ten months of the base salary;

b) Allowance for those directly participating in investigations, surveillance, pursuit, inspection, and control of smugglers, commercial fraudsters, and counterfeiters during their direct involvement in the area where incidents occur. The allowance rate is 100,000 VND/person/day.

Section 2
PAYMENT OF MANAGEMENT AND DISPOSAL COSTS FOR SEIZED ASSETS

Article 7. Source of Funds for Payment of Management and Disposal Costs for Seized Assets

The source of funds for payment of management and disposal costs for seized assets shall be implemented according to the provisions of Government Decree No. 29/2014/ND-CP dated April 10, 2014, which stipulates the authority and procedures for establishing state ownership rights over assets and managing and disposing of assets established as state-owned property (hereinafter referred to as Government Decree No. 29/2014/ND-CP).

Article 8. Content and Level of Expenditure

The content and level of expenditure for managing and disposing of seized assets shall be implemented according to the provisions of Government Decree No. 29/2014/ND-CP and guiding documents. This Decision provides detailed guidance on certain special expenditures in managing and disposing of seized assets in the field of anti-smuggling, commercial fraud, and counterfeit goods as follows:

1. Purchase of information (if applicable):

a) The amount allocated for purchasing information for each case shall not exceed 10% of the fine amount and the proceeds from selling seized assets (if any), and shall not exceed 100,000,000 VND for cases where the administrative penalty amount and the proceeds from selling seized assets are valued at less than 5,000,000,000 VND.
revenue from confiscation valued at less than five billion dong.

b) The amount allocated for purchasing information for each case shall not exceed 10% of the fine amount and the proceeds from selling seized assets (if any), and shall not exceed 200,000,000 VND for cases where the administrative penalty amount and the proceeds from selling seized assets are valued at 5,000,000,000 VND or more.

c) In cases where seized assets are disposed of through destruction or transfer, the cost of purchasing information for each case shall not exceed 10% of the fine amount and the value of the seized assets, and shall not exceed 100,000,000 VND. The method of determining the value of seized assets shall be similar to the method of determining the value of contraband items to serve as the basis for determining the fine range and penalty authority according to Article 60 of the Administrative Violation Handling Law.

d) Agencies and units combating smuggling, commercial fraud, and counterfeit goods that have paid the cost of purchasing information from the fund for paying management and disposal costs for seized assets as stipulated in Article 7 of this Decision shall not pay the cost of purchasing information from the state budget according to current regulations.

2. Rewards based on cases for organizations and individuals with outstanding achievements in the process of investigating, arresting, seizing contraband items, and means of transportation violating laws in the field of anti-smuggling, commercial fraud, and counterfeit goods. The decision on rewards and reward amounts is made by the head of the agency or unit combating smuggling, commercial fraud, and counterfeit goods but shall not exceed 3,000,000 VND per individual per case, and 15,000,000 VND per collective per case.

Chapter III
执行

Article 9. Responsibility for implementation

1. The Ministry of Finance is responsible for guiding the implementation of this Decision.

2. Ministries and ministerial-level agencies within their jurisdiction, based on administrative violations already defined by law, are responsible for identifying acts considered smuggling, commercial fraud, and counterfeit goods to serve as the basis for providing financial support for anti-smuggling, commercial fraud, and counterfeit goods activities and paying management and disposal costs for seized assets as stipulated in this Decision.

3. Ministries, People's Committees of provinces and centrally-administered cities are responsible for directing agencies and units combating smuggling, commercial fraud, and counterfeit goods under their management to effectively manage and utilize the financial support provided for anti-smuggling, commercial fraud, and counterfeit goods activities and the fund for paying management and disposal costs for seized assets as stipulated in this Decision.

Article 10. Effective Date

1. This Decision shall take effect from June 26, 2016. As for revenue from the sale of confiscated assets in criminal cases related to anti-smuggling, commercial fraud, and fake goods, such revenue shall be managed and utilized according to Decision No. 47/2012/QĐ-TTg dated November 1, 2012 of the Government Chairman on the establishment, management, and utilization of the Crime Prevention Fund until the end of 2016. From 2017 onwards, it shall be implemented in accordance with the provisions of the State Budget Law 2015, Decree No. 29/2014/NĐ-CP, and this Decision.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decision./