Circular No. 339/2016/TT-BTC on the preparation of budgets, management, use, and settlement of funds to ensure the operation of the Anti-Smuggling, Commercial Fraud, and Counterfeit Goods Steering Committee

CIRCULAR

Regulations on the preparation of budgets, management, use, and settlement of funds to ensure the operation of the Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods
Implementing Decision No. 389/QĐ-TTg dated March 19, 2014 of the Prime Minister establishing the National Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods;

Pursuant to the State Budget Law dated June 25, 2015;

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;

The Minister of Finance issues this Circular to regulate the preparation of budgets, management, use, and settlement of funds to ensure the operation of the Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods.

At the proposal of the Director of the Department of Administrative and Public Financial Affairs;

This Circular stipulates the procedures for preparing budgets, managing, using, and settling funds to ensure the operation of the Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods.

Article 1. Scope of Regulation and Applicability

2. Applicability:

a) The National Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods (hereinafter referred to as the Steering Committee 389) and the Office of the Permanent Secretariat of the National Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods (hereinafter referred to as the Office of the Permanent Secretariat of the Steering Committee 389);

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

b) The Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods of Ministries and Central Agencies (hereinafter referred to as the Steering Committee 389 of Ministries and Central Agencies, if any) and the permanent office of the Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods of Ministries and Central Agencies (hereinafter referred to as the permanent office of the Steering Committee 389 of Ministries and Central Agencies, if any);

c) The local Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods (hereinafter referred to as the Steering Committee 389 at the local level) and the agency assigned the task of the permanent office or the permanent office assisting the Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods at the local level (hereinafter referred to as the permanent office of the Steering Committee 389 at the local level, if any);

d) Ministries, agencies equivalent to ministries, government agencies, and provincial people's committees under the central government.

Article 2. Sources of funds to ensure the operation of the Steering Committee for Combating Smuggling, Commercial Fraud, and Counterfeit Goods

a) The central budget ensures the funding for the operation of the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, the Office of the Permanent Secretariat of the Steering Committee 389 at the national level, and the permanent office of the Steering Committee 389 of Ministries and Central Agencies, and is allocated within the regular operating expenses of the Ministry of Finance (for the Office of the Permanent Secretariat of the Steering Committee 389 at the national level) and Ministries and Central Agencies (for the permanent office of the Steering Committee 389 of Ministries and Central Agencies).

Clause 1. State budget sources:

b) Local budgets ensure the funding for the operation of the Steering Committee 389 at the local level, the permanent office of the Steering Committee 389 at the local level, and are allocated within the regular operating expenses of the agency assigned the task of the permanent office of the Steering Committee 389 at the local level.

1. Expenditure on building strategies and plans to combat smuggling, commercial fraud, and counterfeit goods, including expenditure on organizing meetings, inspections, and supervision of the construction of strategies, plans, and anti-smuggling, commercial fraud, and counterfeit goods activities.

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

Article 4. Contents of Expenditure

In cases where meetings are held outside regular hours, the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level may allocate meeting expenses for representatives attending the meetings. Agencies sending personnel to attend meetings outside regular hours shall not pay overtime compensation to civil servants and employees sent to attend these meetings.

2. Expenditure on supervising, guiding the implementation of anti-smuggling, commercial fraud, and counterfeit goods work; inter-agency inspection and supervision of the handling of smuggling, commercial fraud, and counterfeit goods cases.

3. Expenditure on international cooperation and exchange of experience abroad in the field of combating smuggling, commercial fraud, and counterfeit goods.

4. Expenditure on rewarding collectives and individuals with outstanding achievements in inter-agency coordination in combating smuggling, commercial fraud, and counterfeit goods.

5. Expenditure on organizing summary conferences, mid-term reviews, and evaluations of periodic and thematic work of the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level on combating smuggling, commercial fraud, and counterfeit goods.

6. Expenditure on propaganda about anti-smuggling, commercial fraud, and counterfeit goods work.

7. Expenditure on public service payments, office supplies, information, and communication costs; purchasing materials to serve the guidance of anti-smuggling, commercial fraud, and counterfeit goods work.

8. Leasing transportation means, purchasing, and repairing assets, machinery, and equipment to serve the guidance of anti-smuggling, commercial fraud, and counterfeit goods work of the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level.

9. Expenditure on overtime work serving the operations of the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level.

10. Expenditure on supporting persons directly receiving information from the hotlines of the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level (if any). Persons receiving such support shall not be compensated for night or overtime work due to hotline duty according to regulations. The number of hotlines of the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level is determined by the competent authority of the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level based on actual conditions, ensuring economy and efficiency.

11. Other expenditures directly serving the operations of the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level (if any).

The levels of expenditure specified in Article 3 of this Circular shall be implemented in accordance with the current financial expenditure standards and norms prescribed by competent state authorities. This Circular specifies certain levels of expenditure as follows:

Article 4. Levels of expenditure

1. The level of prize money awarded by the Steering Committee 389 at the national level, the Steering Committee 389 of Ministries and Central Agencies, and the Steering Committee 389 at the local level to organizations and individuals: Apply the level of prize money expenditure as prescribed in Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Encouragement of Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Encouragement of Competition and Rewards.

1. The level of expenditure for monetary awards of the National Steering Committee 389, the Steering Committee 389 of Ministries and central agencies, and the local Steering Committee 389 for organizations and individuals: Apply the level of expenditure for monetary awards as prescribed in Decree No. 42/2010/NĐ-CP dated April 15, 2010 of the Government detailing the implementation of certain provisions of the Law on Competition and Rewards and the Law Amending and Supplementing Certain Provisions of the Law on Competition and Rewards.

2. Level of expenditure for meetings outside regular working hours:

a) Meetings organized by the National Steering Committee 389: The maximum level of expenditure for the meeting chairperson is VND 150,000/person/session, and for other representatives is VND 100,000/person/session.

b) Meetings organized by the Steering Committee 389 of Ministries, central agencies, and local Steering Committees 389: The maximum level of expenditure for the meeting chairperson is VND 100,000/person/session, and for other representatives is VND 70,000/person/session.

3. Expenditure for information dissemination and propaganda activities against smuggling, commercial fraud, and counterfeit goods: Implemented according to the provisions of Circular Joint No. 14/2014/TTLT-BTC-BTP dated January 27, 2014, issued by the Ministry of Finance and the Ministry of Justice on the establishment of budget estimates, management, utilization, and settlement of state budget funds to ensure legal education and popularization work and equal access to the law for citizens at the grassroots level.

4. Expenditure for purchasing assets, machinery, and equipment: Implemented according to the provisions of Circular No. 19/2016/TT-BTC dated February 1, 2016, issued by the Ministry of Finance guiding certain contents of Decision No. 58/2015/QĐ-TTg dated November 17, 2015, issued by state agencies, organizations, and public service units.

5. Expenditure for supporting individuals directly assigned to receive information from hotlines (receiving information 24 hours/day and 7 days/week): VND 1,300,000/person/month/per hotline.
6. Expenditure for organizing inspection and supervision teams: Implemented according to the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance on travel expenses and expenditure for organizing conferences for state agencies and public service units.

Article 5. Budget preparation, budget execution, and final settlement work

The preparation, allocation, execution of the budget, and settlement of state budget funds allocated for the activities of the National Steering Committee 389, the Steering Committee 389 of Ministries, central agencies, and local Steering Committees 389 shall be carried out according to the current regulations of the State Budget Law, Accounting Law, and guiding documents. This circular supplements some specific contents as follows:

1. Preparation and execution of the budget:

Annually, along with the time for preparing the state budget, the Office of the Permanent Secretariat of the National Steering Committee 389, the permanent secretariat of the Steering Committee 389 of Ministries, central agencies, and the local steering committee of the Steering Committee 389 have the responsibility to prepare the budget estimate for state budget expenditures supporting the regular activities of their units according to Articles 3 and 4 of this Circular and consolidate it into the regular budget estimate of the Ministry of Finance (for the Office of the Permanent Secretariat of the National Steering Committee 389), of Ministries, central agencies (for the Steering Committee 389 of Ministries, central agencies), and localities (for the Steering Committee 389 of localities) to submit to the competent authority for consideration and allocation of funds for implementation according to current regulations.

The allocation and execution of the budget shall be carried out according to the provisions of the State Budget Law, guiding documents of the Law, and the provisions of this Circular; in which, when allocating the budget, clearly record the operating funds of the National Steering Committee 389, the Steering Committee 389 of Ministries, central agencies, and the Steering Committee 389 of localities.

2. Final settlement:

The operating funds of the National Steering Committee 389, the Steering Committee 389 of Ministries, central agencies, and the Steering Committee 389 of localities shall be consolidated into the annual state budget settlement of the Ministry of Finance (for the Office of the Permanent Secretariat of the National Steering Committee 389), Ministries, central agencies (for the Steering Committee 389 of Ministries, central agencies), and localities (for the Steering Committee 389 of localities) according to regulations.

Article 6. Implementation Organization

1. The expenditure levels specified in this Circular are the maximum levels. Based on the availability of financial resources, the Minister, the Head of a ministry equivalent to a minister, or a government agency, and other central agencies shall specify specific expenditure levels for implementation but not exceeding the expenditure levels specified in this Circular; the People's Councils of provinces and centrally-administered cities shall specify specific expenditure levels (higher or lower than those specified in this Circular) suitable for actual conditions for implementation.

2. The Minister, the Head of a ministry equivalent to a minister, or a government agency, and other central agencies, and the Chairmen of provincial and centrally-administered city People's Committees shall be responsible for directing and implementing this Circular.

Article 7. Effective Date

1. This Circular takes effect from February 15, 2017.

2. When the regulations on expenditure standards and norms referred to for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the amended, supplemented, or replacing documents.

3. Any difficulties encountered during implementation should be promptly reported to the Ministry of Finance for study and resolution./.