Joint Circular No. 22/2012/TTLT/BTC-BCA guiding the management and use of funds for the Action Program to prevent and combat human trafficking crimes.

JOINT CIRCULAR

Guidelines for the management and use of funds to implement
The Action Program on Preventing and Combating Trafficking in Persons.

Pursuant to Decree No. 118/2008/ND-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/ND-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/QD-TTg dated November 4, 2009 of the Prime Minister promulgating the Management and Operation Regulations for National Target Programs and Decision No. 1427/QD-TTg dated August 18, 2011 of the Prime Minister approving the Action Program on Preventing and Combating Trafficking in Persons for the period 2011-2015.

The Ministry of Finance and the Ministry of Public Security jointly issue guidelines for the management and use of funds to implement the Action Program on Preventing and Combating 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 carry out tasks under the Action Program on Preventing and Combating 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 Vietnam for anti-trafficking work, they shall comply with current state standards and expenditure norms, and if the donor provides specific guidance, they shall follow such guidance or the regulations of the managing agency after reaching agreement with the donor's representative and the Ministry of Finance (if applicable).

If the donor and the Ministry of Finance do not provide specific guidance, these Circulars shall be applied.

Article 2. Sources of Funding for Implementing the Action Program on Preventing and Combating Trafficking in Persons include:

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

1. Central Budget:

a) Ensuring funding for ministries and central agencies to perform assigned tasks as specified in Decision No. 1427/QD-TTg dated August 18, 2011 of the Prime Minister approving the Action Program on Preventing and Combating Trafficking in Persons for the period 2011-2015.

b) Providing targeted support to key localities affected by trafficking that cannot balance their budgets and have been tasked with participating in the program to carry out information dissemination, education, and awareness-raising activities aimed at enhancing understanding and skills in preventing and combating trafficking; building, consolidating, and expanding networks of informants, educators, and collaborators on preventing and combating trafficking; improving efforts to combat trafficking; receiving, verifying, protecting, and supporting victims returning home; establishing, maintaining, and expanding models of prevention against trafficking in key areas.

2. Localities, along with targeted support funds from the central budget for local budgets to implement the program, provincial and municipal people's committees shall allocate local budgets, submit them to the same-level People's Council for decision, mobilize, and integrate 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 Vietnam; other legitimate sources of funding.

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, and popularization of legal knowledge to raise awareness in preventing and combating human trafficking crimes, including:

a) Expenditure on education, propaganda, and popularization of legal knowledge to raise 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, television) and other forms of propaganda. The content and level of expenditure shall be carried out according to the 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 dissemination work.

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

c) Expenditure on supporting village-level radio broadcasting: editing cost at 75,000 VND/page/350 words; broadcasting subsidy cost at 30,000 VND/session.

d) Expenditure on organizing knowledge contests on preventing and combating human trafficking crimes, including: examination question compilation and answer key costs (including scoring criteria). Maximum expenditure per contest is 500,000 VND; examination marking and jury panel subsidy cost is a maximum of 250,000 VND/person/day; organizing committee member subsidy cost is a maximum of 150,000 VND/person/day; prize expenditure: team prize maximum expenditure is 2,000,000 VND/prize; individual prize maximum expenditure is 1,000,000 VND/prize. Depending on the scale of the contest (central, provincial, district, grassroots level), the head of the agency or unit organizing the contest decides the specific prize expenditure within the allocated budget estimate and any additional expenditures serving the contest (if any) such as renting stages, conference halls, sound systems, lighting, props, decorations, subsidies for service personnel, program hosts; travel, food, and accommodation expenses for contestants from afar; office supplies, ceremonial expenses, fuel or transportation expenses. The expenditure level shall be carried out according to the current regulations. In cases where there are no expenditure regulations, the head of the agency or unit organizing the contest decides the expenditure level within the allocated budget estimate; expenditure for summarizing and reporting contest results. Central level report expenditure is 500,000 VND/report, provincial level report expenditure is 300,000 VND/report, district level report expenditure is 200,000 VND/report, grassroots level report expenditure is 100,000 VND/report.

2. Expenditure on building and expanding models for preventing and combating human trafficking crimes at the grassroots level. The maximum expenditure per model per year is not more than 15,000,000 VND. Depending on the actual situation and goals to be achieved when establishing models locally, the head of the agency or unit decides the specific expenditure level when establishing models.

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

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

Expenditure on building specialized databases on preventing and combating human trafficking crimes. The content and level of expenditure shall be carried out according to the provisions stipulated in Circular No. 137/2007/TT-BTC dated November 28, 2007, issued by the Ministry of Finance guiding the level of expenditure for 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 applicable).

5. Expenditure on professional training, seminars, conferences to implement, review, summarize, hold regular meetings, and specialized lectures on preventing and combating human trafficking crimes shall be carried out according to the provisions stipulated in Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance regarding the system of travel expenses and 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 the provisions stipulated in Circular No. 139/2010/TT-BTC dated September 21, 2010, issued by the Ministry of Finance regarding the preparation, management, and use of funds from the state budget for training and enhancing officials' and civil servants' skills.

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

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

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

The content and level of expenditure, the procedures for approving budgets, auditing, and inspecting the support funds for the contents specified in points a and b of Clause 7 of this Article shall be carried out according to the current national regulations and the regulations of the Ministry of Public Security and the Ministry of National Defense in this field.

c) Expenditure for exercising public prosecution rights, prosecution supervision, investigation, trial of human trafficking cases; expenditure for supporting indictment and mobile court activities for human trafficking cases; expenditure for forensic medical and psychiatric examinations of victims of human trafficking to serve investigative, indictment, and trial 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, prosecution supervision, investigation, indictment, and trial of criminal cases.

d) Expenditure for protecting victims of human trafficking who are witnesses during the investigation, indictment, 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 in accordance with 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 in accordance with Circulars 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 assisting victims of human trafficking returning home, and 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 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, indicting, or trial agency shall decide on the location for renting temporary accommodation for victims. The level of expenditure shall be implemented in accordance with Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance, regulating travel expenses and organizing meetings for state agencies and public service units.

8. Expenditure for purchasing equipment and technical facilities to serve anti-human trafficking efforts, 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 in accordance with 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, 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 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 expenditure budget of the Ministry of Public Security, relevant ministries, agencies, and localities participating in Project 4.

10. International cooperation expenditure for preventing and combating human trafficking (Project 5) to enhance capacity and implement program activities (including outbound and inbound delegation costs, training cooperation, international conferences, 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 in accordance with Circular No. 91/2005/TT-BTC dated October 18, 2005, issued by the Ministry of Finance, regulating travel expenses for state civil servants traveling 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 visiting 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 cost 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 expenditure budget 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 and sub-project. The content and level of expenditure shall be implemented in accordance with 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 assigned to implement the Program shall establish and approve the budget based on current national standards, systems, quotas, and prices 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) For collaborators and hired experts: The head of the agency or unit managing the Program, project, sub-project shall decide on hiring experts and collaborators based on the assigned situation and the implementation capacity of the Program, project, sub-project. The content and level of expenditure for collaborators and experts shall be implemented according to the current regulations of the State on expenditure for collaborators and experts. Remuneration: For the Central Steering Committee: the remuneration level for the Chairman is 500,000 VND/month, Vice-Chairman: 400,000 VND/month; members of the Steering Committee: 350,000 VND/month; part-time inter-departmental staff: 350,000 VND/month; For the Local Steering Sub-committee: the remuneration level for the Chairman of the Sub-committee is 350,000 VND/month; Deputy Chairman: 300,000 VND/month; members of the Sub-committee: 250,000 VND/month; part-time inter-departmental staff: 200,000 VND/month.

d) Expenditure for night work and overtime: The content and level of expenditure for night work and overtime of the Central Steering Committee and the Local Steering Sub-committees shall be implemented according to the provisions of Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005 guiding the implementation of the wage system for night work and overtime for civil servants, public officials, and employees.

12. Expenditure for commendation and reward for agencies, units, and individuals who have excellently completed the tasks and objectives of the program as authorized by the competent authority. The content, level, and source of funds for commendation and reward shall be implemented according to the provisions of the Law on Encouragement and Reward and the guiding documents for the implementation of the Law on Encouragement and Reward.

Article 4. Establishment, execution, and settlement of the Program's budget.

The preparation of the budget estimate, distribution, execution, and settlement of the budget of the Program for preventing and combating human trafficking crimes shall be carried out in accordance with the provisions of the State Budget Law and the guiding documents for the implementation of the State Budget Law. In addition, this Circular guides and supplements the following points:

1. Each year, based on the implementation status of the Program in the previous year and the plan for implementing 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 the Prime Minister approving the Program for Preventing and Combating Human Trafficking Crimes for the period 2011-2015) shall prepare the budget estimate for implementing the Program (including both investment capital and operating capital) and send it to the Ministry of Public Security (the main agency of the Program), simultaneously sending it to the Ministry of Finance and the Ministry of Planning and Investment at the time of preparing the annual state budget estimate according to the provisions of the State Budget Law.

2. Based on the central budget capacity and the implementation status of the Program in the previous year, the Ministry of Finance and the Ministry of Planning and Investment will notify the total amount of the Program's budget guaranteed by the central budget for the Ministry of Public Security to develop a plan to allocate the budget for the ministries and central agencies responsible for the projects and supplement targeted funding for localities. After allocation, the Ministry of Public Security will send the budget allocation 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 decision-making on the budget estimates for the ministries, central agencies, and targeted supplementation for localities.

The Program for Preventing and Combating Human Trafficking Crimes' budget shall be managed, utilized, and settled according to the provisions of the State Budget Law and the guiding documents for the implementation of the State Budget Law.

Agencies and units using the Program's budget must maintain accounting books to record, account for, and settle the Program's budget sources according to the regulations. The settlement of the Program's budget for implementing projects and programs will be consolidated into the annual budget settlement of each ministry, central agency, and locality implementing the projects and programs.

4. Reporting System.

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

b) The Ministry of Public Security (the main agency of the Program for Preventing and Combating Human Trafficking Crimes) shall be responsible for inspecting, supervising, compiling data, and reporting the implementation status of the Program's objectives and contents; the management and utilization of the Program's budget shall be reported to the Prime Minister according to the regulations, and simultaneously sent to the Ministry of Finance and the Ministry of Planning and Investment for general monitoring.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

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

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