Joint Circular No. 22/2012/TTLT-BTC-BCA guides the management and use of funds for implementing the Action Program to Prevent and Combat Human Trafficking Offenses.

JOINT CIRCULAR

Guidelines on the management and use of funds for implementing

 the Program of Action to Prevent and Combat Trafficking in Personsi

___________________________

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.

Implementing Decision No. 135/QĐ-TTg dated November 4, 2009 of the Prime Minister promulgating the Management and Implementation Regulations for National Target Programs and Decision No. 1427/QĐ-TTg dated August 18, 2011 of the Prime Minister approving the Program of Action to Prevent and Combat Trafficking in Persons for the period 2011-2015.

The Ministry of Finance and the Ministry of Public Security jointly issue guidelines on the management and use of funds for implementing the Program of Action to Prevent and Combat Trafficking in Persons, which shall enjoy financial mechanisms similar to those for national target programs. as follows:

Article 1. Scope of Application.

1. These Circulars apply to agencies and units using state budget funds to implement the tasks of the Program of Action to Prevent and Combat Trafficking in Persons.

2. In cases where agencies and units use funds from foreign aid or donations from organizations and individuals both within and outside the country for anti-trafficking work, they shall comply with current state standards and expenditure norms. If the donor provides specific guidelines, they shall follow the donor's regulations or the regulations of the managing agency after reaching an agreement with the donor's representative and the Ministry of Finance (if applicable).

Where the donor and the Ministry of Finance do not provide specific guidelines, the provisions of this Circular shall apply.

Article 2. Sources of Funds Ensuring the Implementation of the Program of Action to Prevent and Combat Trafficking in Persons include:

State budget allocations in the annual budget estimates of ministries, central agencies, and localities according to the division of responsibilities under the Law on State Budget and related guiding documents. Specifically:

1. Central Budget:

a) Ensuring funding for ministries and central agencies to carry out assigned tasks as specified in Decision No. 1427/QĐ-TTg dated August 18, 2011 of

b) Targeted support for key localities affected by trafficking in persons that cannot balance their budgets and have been tasked with participating in the program to prevent and combat trafficking in persons to perform tasks such as information dissemination, education, and public awareness campaigns to enhance understanding and skills in preventing and combating trafficking in persons; building, consolidating, and expanding networks of informants, educators, and collaborators on preventing and combating trafficking in persons; enhancing efforts to combat trafficking in persons; receiving, verifying, protecting, and supporting victims returning home; establishing, maintaining, and expanding models of prevention of trafficking in persons in key areas.

2. Localities, along with targeted support funds from the central budget, provincial People's Committees are responsible for allocating local budgets, submitting them to the Provincial People's Council for approval, mobilizing, and integrating these funds with other national target programs and legitimate sources of funding in their jurisdictions to effectively implement the objectives of this program.

3. International aid; donations from organizations and individuals both within and outside the country; other legally raised funds.

Article 3. Contents and levels of expenditure for the Program's budget to prevent and combat human trafficking crimes.

1. Expenditure on information dissemination, propaganda, education, popularizing legal knowledge, raising awareness in preventing and combating human trafficking crimes, including:

a) Expenditure on education, propaganda, popularizing legal knowledge, raising awareness in preventing and combating human trafficking crimes, organizing campaigns to promote the Party and State's policies on preventing and combating human trafficking crimes through mass media (newspapers, radio stations, television stations) and other forms of propaganda. The contents and levels of expenditure shall be implemented according to current regulations stipulated in Circular No. 73/2010/TTLT-BTC-BTP dated May 14, 2010 issued by the Ministry of Finance and the Ministry of Justice guiding the preparation, management, use, and settlement of funds for legal education and publicity work.

b) Expenditure on organizing rallies, launching campaigns against human trafficking crimes, meetings, forums, lectures, and specialized education sessions on preventing and combating human trafficking crimes. Levels of expenditure shall be carried out according to current regulations regarding the system of expenditures for organizing conferences for state agencies and public service units.

c) Expenditure on supporting village-level radio broadcasting: editing costs. Level of expenditure is 75,000 VND/page/350 words; broadcasting training costs. Level of expenditure is 30,000 VND/session.

d) Expenditure on organizing competitions to understand the work of preventing and combating human trafficking crimes, including: examination question compilation and answer key costs (including scoring criteria). Maximum level of expenditure is 500,000 VND/per competition; examination marking and jury panel costs. Maximum level of expenditure is 250,000 VND/person/day; organizing committee member training costs. Maximum level of expenditure is 150,000 VND/person/day; prize costs: team prizes. Maximum level of expenditure is 2,000,000 VND/prize; individual prizes. Maximum level of expenditure is 1,000,000 VND/prize. Depending on the scale of the competition (central, provincial, district, grassroots level), the head of the agency or unit organizing the competition decides the specific prize expenditure within the allocated budget estimate and expenses serving the competition (if any) such as renting stages, conference halls, sound systems, lighting, props, decorations, training for service personnel, program hosts; travel, food, and accommodation support for participants from afar. Expenditure levels follow current regulations. In cases where there are no expenditure levels specified, the head of the agency or unit organizing the competition decides the expenditure within the allocated budget; compiling and reporting competition results. Central level expenditure is 500,000 VND/report, provincial level 300,000 VND/report, district level 200,000 VND/report, village level 100,000 VND/report.

2. Expenditure on building and expanding models for preventing and combating human trafficking crimes at the village level. Maximum level of expenditure does not exceed 15,000,000 VND/model/year. Depending on the actual situation and objectives to be achieved when building models locally, the head of the agency or unit decides the specific expenditure level when building models.

3. Expenditure on supporting individuals who do not receive salaries from the State budget directly involved in managing and educating offenders of human trafficking crimes. Level of expenditure is 50,000 VND/person/day, but not exceeding 10 days/month.

4. Expenditure on surveys, investigations, statistics to build specialized databases for preventing and combating human trafficking crimes as decided by competent authorities. Contents and levels of expenditure shall be implemented according to regulations stipulated in Circular No. 58/2011/TT-BTC dated May 11, 2011 issued by the Ministry of Finance on the management, use, and settlement of funds for conducting surveys and statistics.

Expenditure on building specialized databases for preventing and combating human trafficking crimes. Contents and levels of expenditure shall be implemented according to regulations stipulated in Circular No. 137/2007/TT-BTC dated November 28, 2007 issued by the Ministry of Finance guiding the cost of creating electronic information and Circular Joint No. 43/2008/TTLT-BTC-BTTTT dated May 26, 2008 issued by the Ministry of Finance and the Ministry of Information and Communications guiding the management and use of funds for applying information technology in the activities of state agencies and any amendments or supplements (if any).

5. Expenditure on professional training, seminars, conferences to implement, review, conclude, hold regular meetings, and specialized lectures on preventing and combating human trafficking crimes shall be carried out according to regulations stipulated in Circular No. 97/2010/TT-BTC dated July 6, 2010 issued by the Ministry of Finance on the system of travel expenses, expenditure for organizing conferences and training for state agencies and public service units.

6. Expenditure on training and enhancing professional skills for officials engaged in preventing and combating human trafficking crimes shall be carried out according to regulations stipulated in Circular No. 139/2010/TT-BTC dated September 21, 2010 issued by the Ministry of Finance on the preparation, management, and use of funds from the State budget for training and enhancing officials and civil servants.

7. Expenditure on supporting investigation, prosecution, and trial of human trafficking crimes

a) Expenditure on purchasing information to serve investigative work, uncovering human trafficking crime networks and organizations; expenditure on supporting verification work related to complaints and reports concerning human trafficking crimes. Depending on the content, quality of the provided information, nature, and scale of the human trafficking organization, the content to be verified, the head of the investigation and reconnaissance departments of the Public Security and Border Guard Forces decide the level of expenditure for purchasing information and supporting verification work related to complaints and reports.

b) Expenditure on rescuing victims and apprehending suspects in accordance with the law; expenditure on supporting investigative work to uncover special cases involving human trafficking crimes.

Contents and levels of expenditure, procedures for approving budgets, auditing, settling accounts, and inspecting and supervising support expenditures for the contents stipulated in points a and b of Clause 7 of this Article shall be carried out according to current national regulations and regulations of the Ministry of Public Security and the Ministry of National Defense in this field.

c) Expenditure for exercising public prosecution rights, supervising criminal investigations, prosecuting, and adjudicating cases of human trafficking; expenditure supporting the prosecution and mobile court trials of human trafficking cases; expenditure for forensic medical and psychiatric examinations of victims of human trafficking to serve investigative, prosecutorial, and adjudicative work; expenditure for statistics on human trafficking crimes; expenditure for summarizing, guiding, directing, and implementing specialized business operations of People's Courts and People's Procuratorates at all levels in preventing and combating human trafficking crimes, carried out in accordance with current state regulations on expenditure for exercising public prosecution rights, supervising criminal investigations, prosecution, and adjudication of cases.

d) Expenditure for protecting victims of human trafficking who are witnesses during the investigation, prosecution, and trial of human trafficking crimes, including:

Expenditure for overtime work for staff protecting victims of human trafficking who are witnesses in criminal cases. The level of expenditure shall be implemented according to the provisions of Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005, guiding the implementation of wage systems for night work and overtime for civil servants, officials, and employees; expenditure for transporting victims back to reception centers, support centers, or their families; expenditure for supporting verification, reception, and community reintegration assistance for victims; expenditure for the operation of victim reception and support centers. The content and level of expenditure shall be implemented according to the provisions of Joint Circular No. 116/2007/TTLT-BTC-BLDTBXH dated September 27, 2007, issued by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs, guiding the content and level of expenditure for verifying, receiving, and supporting victims of human trafficking returning home, and Joint Circular No. 113/2010/TTLT-BTC-BLDTBXH dated August 3, 2010, issued by the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs, amending and supplementing Joint Circular No. 116/2007/TTLT-BTC-BLDTBXH.

In cases where it is necessary to arrange temporary accommodation for victims to avoid retaliation or threats from perpetrators, the head of the investigating, prosecuting, or adjudicating agency shall decide on the location for renting temporary accommodation for victims. The level of expenditure shall be implemented according to the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance, regulating travel expenses and organizing conference costs for state agencies and public service units.

8. Expenditure for purchasing equipment and technical facilities to serve the fight against human trafficking crimes, carried out in accordance with current state regulations on procurement, bidding, management, and use of state development capital.

9. Expenditure for drafting, perfecting legal regulatory documents, and monitoring the enforcement of laws on preventing and combating human trafficking (Project 4). The content and level of expenditure shall be implemented according to the provisions of Joint Circular No. 73/2010/TTLT-BTP dated May 14, 2010, issued by the Ministry of Finance and the Ministry of Justice, guiding the establishment, management, use, and settlement of funds for legal education and dissemination activities, Joint Circular No. 192/2010/TTLT-BTC-BTP-VPCP dated December 1, 2010, issued by the Ministry of Finance, the Ministry of Justice, and the Office of the Government, guiding the preparation of budgets, management, use, and settlement of state budget funds for drafting legal regulatory documents and perfecting the legal system, and Joint Circular No. 09/2007/TTLT-BTP-BTC dated January 15, 2007, issued by the Ministry of Justice and the Ministry of Finance, guiding the management and use of state budget funds for drafting legal regulatory documents by People's Councils and People's Committees.

The funding source is guaranteed by the state budget within the annual regular budget estimates of the Ministry of Public Security, relevant ministries, agencies, and localities participating in Project 4.

10. Expenditure for international cooperation in preventing and combating human trafficking crimes (Project 5) to enhance capacity and implement program activities (including expenditure for outbound and inbound delegations, training cooperation, international conferences and seminars, and counterpart funding for international cooperation projects and plans on preventing and combating human trafficking). The content and level of expenditure shall be implemented according to the provisions of Circular No. 91/2005/TT-BTC dated October 18, 2005, issued by the Ministry of Finance, regulating travel expenses for civil servants going abroad for short-term missions funded by the state budget, Circular No. 01/2010/TT-BTC dated January 6, 2010, issued by the Ministry of Finance, regulating expenses for hosting foreign guests working in Vietnam, organizing international conferences and seminars in Vietnam, and domestic hospitality expenses, and other amended and supplemented circulars (if any), and Circular No. 219/2009/TT-BTC dated November 19, 2009, issued by the Ministry of Finance, regulating certain expense standards applicable to projects and programs using official development assistance (ODA) funds, or according to agreements signed between Vietnam and international organizations and non-governmental organizations.

The funding source is guaranteed by the state budget within the annual regular budget estimates of the Ministry of Public Security, relevant ministries, agencies, and localities participating in Project 5.

11. Expenditure for managing, directing, and overseeing the Program

a) Expenditure for inspection, survey, evaluation, and guidance on the implementation of specialized activities of each project, sub-project. The content and level of expenditure shall be implemented according to the provisions of Circular No. 06/2007/TT-BTC dated January 26, 2007, issued by the Ministry of Finance, guiding the preparation of budgets, management, and use of funds for inspecting the implementation of policies, strategies, planning, and programs.

b) Expenditure for purchasing office supplies, machinery, office equipment, vehicles, and communication expenses. The head of the unit responsible for implementing the Program shall base on current national standards, systems, quotas, and prices to prepare and approve the budget before implementation, in accordance with current state regulations on managing and using the state budget and shall be responsible under the law for these expenditures.

c) Expenditure for consultants and hiring experts: The head of the agency or unit managing the Program, project, or sub-project shall decide on hiring experts and consultants based on the assigned situation and the ability to implement the Program, project, or sub-project. The content and level of expenditure shall be implemented according to current state regulations on expenditure for consultants and experts.

d) Payment for services: For the Central Steering Committee: the payment level for the Chairman is 500,000 VND/month, Vice-Chairman: 400,000 VND/month; members of the Steering Committee: 350,000 VND/month; concurrently serving specialized staff: 350,000 VND/month; For the Local Steering Sub-committee: the payment level for the Chairman of the Sub-committee is 350,000 VND/month; Deputy Chairman of the Sub-committee: 300,000 VND/month; members of the Local Steering Sub-committee: 250,000 VND/month; concurrently serving specialized staff: 200,000 VND/month.

đ) Payment for overtime and night work: the content and payment levels for overtime and night work of the Central Steering Committee and Local Steering Sub-committees shall be implemented in accordance with Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005 guiding the implementation of wage regulations for night work and overtime for cadres, civil servants, and public officials.

12. Expenditure for rewarding agencies, units, and individuals who have excellently completed tasks and objectives set forth by competent authorities. The content, payment levels, and sources of funds for rewards shall be carried out in accordance with the provisions of the Law on Encouragement and Reward and the guiding documents implementing this Law.

Article 4. Budget preparation, execution, and settlement of the Program.

The preparation of budget estimates, allocation, execution, and settlement of the Program's budget shall be carried out in accordance with the provisions of the State Budget Law and the guiding documents implementing the State Budget Law. In addition, this Circular guides and supplements the following points:

1. Each year, based on the implementation situation of the Program in the previous year and the plan for the Program in the following year, the agencies responsible for the projects (as stipulated in Decision No. 1427/QĐ-TTg dated August 18, 2011 of

2. Based on the central government budget capacity and the implementation situation of the Program in the previous year, the Ministry of Finance and the Ministry of Planning and Investment will notify the total budget for the Program to be guaranteed by the central government budget for the Ministry of Public Security to develop a plan for allocating funds to the ministries and central agencies responsible for the projects and to supplement targeted funding for localities. After allocation, the Ministry of Public Security will send the allocated budget plan of the Program to the Ministry of Finance (for operating capital) and the Ministry of Planning and Investment (for development investment capital) for consolidation and submission to the competent authority for examination and approval to allocate the budget estimate to the ministries, central agencies, and targeted supplementary funding for localities.

3. The Program's anti-trafficking budget shall be managed, utilized, and settled in accordance with the provisions of the State Budget Law and the guiding documents implementing the State

Budget Law. Agencies and units using the Program's budget must maintain accounting records to record, account for, and settle all Program budget sources in accordance with the regulations. Settlement of the project and Program budget expenditures will be consolidated into the annual budget settlement of each ministry, central agency, and locality implementing the project and Program.

4. Reporting System.

a) The agency responsible for the project shall be responsible for inspecting, supervising, compiling, and evaluating the implementation situation and results of the assigned projects, and submitting them to the Program management agency (Ministry of Public Security), and simultaneously sending to the Ministry of Finance and the Ministry of Planning and Investment according to current regulations on state budget management.

b) The Ministry of Public Security (the agency responsible for the Program) shall be responsible for inspecting, supervising, compiling data, and reporting on the implementation situation of the Program's objectives and contents; the management and utilization of the Program's budget shall be reported

Article 5. Implementation organization.

1. This Circular takes effect from April 1, 2012.

2. During the process of implementation, if there are any difficulties, they should be reported to the Ministry of Finance and the Ministry of Public Security for study and resolution.