JOINT CIRCULAR No. 31/2014/TTLT-BNNPTNT-BTC GUIDING THE MANAGEMENT AND USE OF FUNDS FOR INSPECTION FISHERY ACTIVITIES AND THE SETTLEMENT OF COSTS FOR IMPLEMENTING ORDERS TO MOBILIZE FORCES AND MEANS BY AUTHORIZED PERSONS

JOINT CIRCULAR

Guidelines for managing and using funds for Fisheries Surveillance activities and settling costs for implementing mobilization orders summoning forces and means by authorized persons

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

BASED ON THE DECREE NO. 199/2013/NĐ-CP OF NOVEMBER 26, 2013 OF THE GOVERNMENT PROVIDING FOR THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT;

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

Pursuant to Decree No. 102/2012/NĐ-CP dated November 29, 2012 of the Government on the organization and operation of Fisheries Inspection;

Pursuant to Decision No. 118/2008/QĐ-TTg dated August 27, 2008 of the Prime Minister promulgating the Financial Management Regulations for Search and Rescue, Disaster Response Activities;

The Ministers of the Ministry of Agriculture and Rural Development and the Ministry of Finance hereby issue this Joint Circular guiding the management and use of funds for Fisheries Surveillance activities and the settlement of costs for organizations and individuals implementing mobilization orders issued by authorized persons.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the management and use of funds for Fisheries Surveillance activities and the settlement of costs for organizations and individuals implementing mobilization orders issued by authorized persons.

Article 2. Applicability

1. Fisheries Surveillance Service and subordinate units.

2. Organizations and individuals implementing mobilization orders issued by authorized persons.

3. State administrative agencies responsible for Fisheries Surveillance activities.

Article 3. Explanation of Terms

1. Authorized person: Is the person assigned the authority to issue mobilization orders.

2. Order implementer: Is the person responsible for executing the mobilization order.

3. On-site commander: Is the person directly assigned by the head of the authorized agency to command operations to prevent violations of fisheries laws in the area where the violation occurs.

4. Mobilization order: Is an administrative order from the authorized person to mobilize forces and means to promptly prevent violations of fisheries laws.

5. Urgent situation requiring issuance of a mobilization order: Is a situation involving serious violations of fisheries laws that require the authorized person to issue a mobilization order to promptly prevent and mitigate the violations.

Article 4. Principles for using funds for Fisheries Surveillance activities

Funds allocated for Fisheries Surveillance activities must be managed and used for their intended purposes, recorded accurately and completely in accounting books, subject to inspection and oversight by competent authorities, and settled according to current regulations.

Chapter II

MANAGEMENT AND USE OF FUNDS FOR FISHERIES SURVEILLANCE ACTIVITIESAND SETTLEMENT OF COSTS FOR IMPLEMENTING MOBILIZATION ORDERS,SUMMONING FORCES AND MEANS BY AUTHORIZED PERSONSWITH COMPETENT AUTHORITY

Section 1

MANAGEMENT AND USE OF FUNDS FOR FISHERIES SURVEILLANCE ACTIVITIES

Article 5. Sources of funds for ensuring Fisheries Surveillance activities

1. The state budget ensures administrative management funds for Fisheries Surveillance activities managed and implemented by the Ministry of Agriculture and Rural Development.

2. Other lawful sources of funding as prescribed by law.

Article 6. Expenditures for Fisheries Surveillance activities

1. Expenditures for the operation of the Fisheries Surveillance system shall be carried out in accordance with the Government's regulations on self-management and self-responsibility for personnel and administrative management expenses for state agencies.

2. Special expenditures for Fisheries Surveillance activities:

a) Expenditures for operating a 24-hour hotline to handle sudden incidents related to fishing activities between Vietnam and neighboring countries and other duties assigned by competent authorities;

b) Fuel expenses for Fisheries Surveillance vessels;

c) Emergency repair expenses for Fisheries Surveillance vessels and boats;

d) Expenses for purchasing military equipment, support tools, and specialized equipment for the Fisheries Surveillance force;

đ) Expenses for purchasing medical cabinets, essential medicines, and medical equipment for initial first aid on Fisheries Surveillance vessels;

e) Expenses for collecting, purchasing information, processing data, evidence related to Fisheries Surveillance and specialized inspections; expenses for requesting expert appraisals on matters related to Fisheries Surveillance and specialized inspections;

g) Expenses for leasing berthing positions and areas for Fisheries Surveillance vessels and vessels seized by the Fisheries Surveillance force for handling;

h) Expenses for managing databases and operating information systems for Fisheries Surveillance;

i) Other expenses (if any).

3. The level of expenditure for Fisheries Surveillance activities and the determination of self-management funds shall be carried out in accordance with Joint Circular No. 71/2014/TTLT-BTC-BNV dated May 30, 2014 of the Ministry of Finance and the Ministry of Home Affairs on self-management and self-responsibility for administrative management expenses for state agencies and current regulations.

Section 2

SETTLEMENT OF COSTS FOR IMPLEMENTING MOBILIZATION ORDERS,SUMMONING FORCES AND MEANS BY AUTHORIZED PERSONS

Article 7. Implementation of orders to mobilize forces and means to promptly prevent violations of fisheries laws

1. The state budget ensures funding for the General Department of Fisheries and the Fisheries Inspection Agency, which are assigned tasks to implement orders to mobilize forces and means from authorized persons to promptly prevent violations of fisheries laws (hereinafter referred to as mobilization orders), to reimburse costs for organizations and individuals mobilized.

2. Funding for implementing mobilization orders shall be recorded as a separate item in the annual state budget expenditure plan for economic affairs of the Ministry of Agriculture and Rural Development, the General Department of Fisheries, and the Fisheries Inspection Agency.

3. Based on the allocated state budget expenditure plan and actual mobilization and deployment expenses incurred, current policies and regulations, and the approval of the competent authority, relevant agencies and units shall withdraw the budget at the State Treasury to settle actual, reasonable, and legitimate expenses incurred during the execution of the task.

4. The content and amount of expenditures for implementing mobilization orders shall be applied according to the provisions of Circular No. 92/2009/TT-BTC dated May 12, 2009, issued by the Ministry of Finance, guiding the payment of funds from the state budget for organizations and individuals participating in search and rescue operations, disaster response, and emergency management.

5. In cases where immediate payments need to be made to organizations and individuals directly involved in the mission before completing the reimbursement documentation, the Fisheries Inspection Agency under the General Department of Fisheries shall temporarily advance funds to these organizations and individuals according to current regulations.

6. Any unspent funds for implementing mobilization orders in a given year may be carried over to the next year for continued use and shall not be used for other purposes or missions.

7. If all funds for this purpose have been used up within the year, to ensure a ready source for continuing to execute unexpected tasks expected to arise in the year, the Ministry of Agriculture and Rural Development will consolidate and propose to the Ministry of Finance to submit to the Prime Minister for consideration and decision to supplement from the central budget.

Article 8. Competence and form of issuance of mobilization orders

1. Competence to issue mobilization orders.

The authority to issue mobilization orders as stipulated in Clause 1, Article 15 of Decree No. 102/2012/NĐ-CP is as follows:

a) The Minister of Agriculture and Rural Development issues mobilization orders requesting the Ministers of related ministries and the Chairpersons of provincial People's Committees to mobilize forces and means to promptly prevent violations of fisheries laws;

b) The Director-General of the General Department of Fisheries issues mobilization orders for forces and means of agencies tasked with patrolling, inspecting, checking, and controlling fishery resources protection in localities.

2. Form of issuance of mobilization orders

Mobilization of forces and means shall be carried out through a "Mobilization Order for Forces and Means." In urgent situations, the authorized person may issue the order through media, telegrams, or direct commands, but must subsequently issue a formal "Mobilization Order for Forces and Means" document within five working days from the date of issuance.

Article 9. Responsibilities of the agency implementing mobilization orders and subjects mobilized, and organizations and individuals subject to mobilization

1. Responsibilities of the agency implementing mobilization orders

a) Comply with mobilization orders issued by authorized persons;

b) Pay costs for organizations and individuals executing mobilization orders:

Guide organizations and individuals to settle costs related to mobilization tasks according to regulations;

Take the lead in coordinating with relevant agencies and units to verify and assess the files of organizations and individuals directly participating or having assets and means subject to mobilization;

Summarize, submit to the Fisheries General Department for approval and payment to organizations and individuals subject to mobilization according to regulations.

2. Responsibilities of organizations and individuals subject to mobilization

a) Comply with mobilization orders issued by authorized persons;

b) Settle costs for executing mobilization orders according to the guidance of the agency implementing mobilization orders.

Article 10. Documents and procedures for payment to organizations and individuals subject to mobilization

1. Payment documents:

Organizations and individuals subject to mobilization shall submit one set of documents directly or via postal service to the Fisheries Surveillance Agency - Fisheries General Department requesting payment, including:

a) For payment of costs for raw materials, fuels, and supplies directly serving mobilization:

A copy of the Mobilization Order issued by the competent authority;

A copy of the Logbook of the mobilized vessel with confirmation by the on-site commander;

The original Contract or agreement for the use of the vessel;

A copy of the vessel's inspection book.

b) For payment of costs for using, repairing, and compensating for vessels:

A copy of the Mobilization Order issued by the competent authority;

A copy of the Logbook of the mobilized vessel with confirmation by the on-site commander;

The original Contract or agreement for the use of the vessel;

The original Record confirming the condition and damage status of the vessel and invoices, receipts for repair costs if the vessel is damaged, or a record confirming the loss of the vessel;

A copy of the vessel's inspection book;

The original List and invoices, receipts for incurred expenses.

c) For payment of costs incurred during the direct execution of mobilization orders:

A copy of the Mobilization Order issued by the competent authority;

The original Confirmation by the on-site commander regarding incurred expenses.

d) For payment of costs for rescuing injured persons and ensuring medical care for participating forces:

A copy of the Mobilization Order issued by the competent authority;

The original Confirmation by the on-site commander regarding persons requiring medical assistance;

The original Confirmation by the medical authority where rescue and treatment were provided.

2. Payment procedure:

a) Not later than 30 days (based on the postmark date) from the end of the mobilization period, organizations and individuals responsible for mobilizing personnel and vessels must consolidate related costs, prepare a Payment Request Form C37-HD (announced together with Decision No. 19/2006/QD-BTC dated March 30, 2006, and Circular No. 185/2010/TT-BTC dated November 15, 2010 of the Ministry of Finance), and submit the payment documents according to Clause 1 to the Fisheries Surveillance Agency - Fisheries General Department;

b) The Fisheries Surveillance Agency - Fisheries General Department will check the validity of the documents immediately if submitted directly, or within two days of receipt if submitted via postal service, and respond to organizations and individuals to complete the documents (if incomplete) and proceed with payment of related costs to organizations and individuals directly participating or having raw materials, fuels, supplies, and vessels subject to mobilization within a maximum of 45 working days from the date of receiving all payment documents;

c) In cases where compensation for losses between both parties cannot be agreed upon, not later than ten working days from the date of receiving valid documents, the issuer of the mobilization order shall establish a Committee to evaluate the losses according to regulations. Within five days after the Committee's evaluation ends, based on the Committee's loss assessment results, the Fisheries Surveillance Agency - Fisheries General Department will proceed with payment according to regulations.

Chapter III

ESTABLISHMENT AND IMPLEMENTATION OF PROVISIONAL BUDGET

Article 11. Establishment of budget estimates, allocation, assignment of budget estimates, and settlement of accounts

The establishment of budget estimates, allocation, and assignment of funds to ensure the operation of Fisheries Surveillance and to implement mobilization orders 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.

The establishment and submission of final account reports; the review, verification, and notification procedures for final accounts shall be implemented in accordance with Circular No. 01/2007/TT-BTC dated January 2, 2007, issued by the Ministry of Finance, guiding the review, verification, and notification of final accounts for administrative agencies, public institutions, organizations supported by the state budget, and budgets at various levels.

Chapter IV

IMPLEMENTATION

Article 12. Inspection Work

The Ministry of Agriculture and Rural Development is responsible for coordinating with the Ministry of Finance to conduct regular and spot inspections of the implementation of tasks and operational funding for Fisheries Surveillance and the payment of expenses to organizations and individuals executing mobilization orders from authorized authorities.

Article 13. Effective Date

1. This Circular takes effect from October 21, 2014.

2. During the implementation period, if the regulatory legal documents cited for application in this Joint Circular are amended, supplemented, or replaced by new documents, they will be referenced according to the new documents.

3. During the implementation period, if there are difficulties or obstacles, units are requested to report them to the Ministry of Agriculture and Rural Development and the Ministry of Finance for research, amendment, and supplementation to ensure appropriateness.