Circular No. 35/2008/TT-BTC guiding the implementation of Decision No. 89/QD-TTg dated March 18, 2008 of the Prime Minister on issuing certain support policies for ethnic minority people, policy beneficiaries, poor households, near-poor households, and fishermen.

CIRCULAR

|||Guidance on the implementation of Decision No. 289/QĐ-TTg dated March 18, 2008 of

the Prime Minister regarding the issuance of certain support policies for ethnic minority people, households under policy programs, poor households, near-poor households, and fishermen

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Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 289/QĐ-TTg dated March 18, 2008 of the Prime Minister regarding the issuance of certain support policies for ethnic minority people, households under policy programs, poor households, near-poor households, and fishermen;
Based on the proposal of the Ministry of Agriculture and Rural Development at document No. 1015/BNN-KTBVNL dated April 17, 2008;
The Ministry of Finance hereby provides guidance on the implementation of support policies for fishermen as stipulated in Clause 4, 5, 6, and 7, Article 1 of Decision No. 289/QĐ-TTg as follows:
Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 289/QĐ-TTg dated March 18, 2008 of the Prime Minister regarding the issuance of certain support policies for ethnic minority people, households under policy programs, poor households, near-poor households, and fishermen;
Based on the proposal of the Ministry of Agriculture and Rural Development at document No. 1015/BNN-KTBVNL dated April 17, 2008;
The Ministry of Finance hereby provides guidance on the implementation of support policies for fishermen as stipulated in Clause 4, 5, 6, and 7, Article 1 of Decision No. 289/QĐ-TTg as follows:

I. ON THE OBJECTS, CONDITIONS, AMOUNTS, TIME PERIODS, AND SUPPORT APPLICATION DOCUMENTS FOR FISHERMEN

1. Support fishermen purchasing new or building new fishing vessels with engine power of 90HP or more or service vessels for fishing activities.

a) The beneficiaries of the support policy include:

- Fishermen who purchase new or build new fishing vessels with engine power of 90 HP or more.

- Fishermen who purchase new or build new service vessels for fishing vessels.

b) Conditions for receiving support:

- New or built vessels must have engine power of 90HP or more, complete registration and inspection procedures, possess a fishing permit (for fishing vessels) or business registration certificate (for service vessels), and have completed insurance for vessel hull and crew accidents.

- New or built vessels must be equipped with brand new engines at 100% and meet economic and technical standards as prescribed by the Ministry of Agriculture and Rural Development.

- Fishermen must have a legal residence address and engage in fishing activities confirmed by the People's Committee of the commune, ward, or town.

c) Support level: Each newly purchased or built vessel will receive a state support of 70,000,000 VND per vessel per year.

c) Time period for support:

- For vessels purchased or built in 2008, the support period will be from 2008 to 2010.

- For vessels purchased or built in 2009, the support period will be from 2009 to 2010.

- For vessels purchased or built in 2010, the support period will be in 2010.

d) Application documents for support:

- Fishermen falling within the scope of beneficiaries of the support policy as stipulated in Point 1a, Section I of this Circular, who fully meet the conditions, shall prepare the application documents for support as follows:

+ A request for support for purchasing or building new vessels with confirmation from the People's Committee of the commune, ward, or town regarding the legal residence address and regular fishing activities at sea (according to Model No. 01 issued together with this Circular).

+ Certified copies or confirmations from the People's Committee of the commune, ward, or town regarding the following documents: registration of fishing vessel operation, vessel inspection certificate, fishing permit for fishing vessels or business registration certificate for service vessels, valid certificates of insurance for vessel hull and crew accidents.

+ Copies of relevant documents related to the determination that the vessel's engine is brand new and meets economic and technical standards as prescribed by the Ministry of Agriculture and Rural Development.

- The support will be conducted annually, and fishermen requesting support for a specific year shall prepare the application documents for that year (once per year).

2. Support fishermen to replace old engines with fuel-efficient ones for fishing vessels with engine power of 40HP or more or service vessels for fishing activities.

a) The beneficiaries of the support policy include:

Fishermen who are owners of fishing vessels with engine power of 40HP or more or owners of service vessels for fishing activities when replacing old engines with new, fuel-efficient ones.

b) Conditions for receiving support:

- Fishing vessels and service vessels for fishing activities must complete registration and inspection procedures, possess a fishing permit, and participate in vessel hull insurance.

- The People's Committee of the commune, ward, or town where the fishermen reside must confirm their regular fishing activities and service activities at sea.

- The new engine installed must be brand new and meet economic and technical standards as prescribed by the Ministry of Agriculture and Rural Development.

c) Amount of support:

- For engines with power from 40HP to less than 90HP: support of 10,000,000 VND per engine per year.

- For engines with power of 90HP or more: support of 18,000,000 VND per engine per year.

c) Time period for support:

- For new engines installed in 2008, the support period will be from 2008 to 2010.

- For new engines installed in 2009, the support period will be from 2009 to 2010.

- For new engines installed in 2010, the support period will be in 2010.

From 2008 to the end of 2010, after receiving full support for the installation of a new engine, fishermen will not be eligible for further support for installing another new engine.

d) Regarding application documents for support:

- Fishermen falling within the scope of beneficiaries of the support policy as stipulated in Point 2a, Section I of this Circular, who fully meet the conditions, shall prepare the application documents for support as follows:

+ A request for support for replacing engines with confirmation from the People's Committee of the commune, ward, or town regarding the legal residence address and regular fishing activities at sea (according to Model No. 01 issued together with this Circular).

+ Certified copies or confirmations from the People's Committee of the commune, ward, or town regarding the following documents: registration of fishing vessel operation, vessel inspection certificate, fishing permit for fishing vessels or business registration certificate for service vessels for fishing activities, valid certificate of insurance for vessel hull.

+ Copies of relevant documents related to the new engine installed on the vessel meeting economic and technical standards as prescribed by the Ministry of Agriculture and Rural Development.

+ Technical inspection report for replacing the engine on the vessel.

- The application for support shall be conducted annually; fishermen applying for support for a particular year shall establish the file for that year (one application per year).

3. Support regarding insurance costs for the hull of fishing vessels with engine power of 40HP or more, service vessels for marine fishing activities, and accident insurance for crew members working under labor contracts on fishing vessels and service vessels.

a) Subjects eligible to receive policy support:

Fishermen who are owners of fishing vessels with engine power of 40HP or more that have purchased hull insurance and crew accident insurance.

b) Conditions for receiving support:

- Fishing vessels with engine power of 40HP or more, service vessels for marine fishing activities that have completed inspection and registration procedures, hold fishing permits, and participate in purchasing hull insurance and crew accident insurance.

- Fishing vessels and service vessels for marine fishing activities that hire crew members under labor contracts of at least one year.

c) Level of support:

- Fishermen who are owners of fishing vessels and service vessels for marine fishing activities that have purchased hull insurance shall be supported with 30% of the annual insurance premium cost for hull insurance, and crew members shall be supported with 100% of the annual insurance premium cost for crew accident insurance.

c) Time period for support:

- Fishermen who purchase hull insurance and crew accident insurance in a given year shall be supported with funding for that year.

- The implementation period for supporting insurance costs for the hull and crew accident insurance is from 2008 to 2010.

d) Supporting files:

- For hull insurance premium support: fishermen shall establish the file as follows:

+ A request for hull insurance premium support from fishermen, confirmed by the People's Committee of the commune, ward, town regarding their legal residence and participation in marine fishing activities or sea services (according to Model No. 02 issued together with this Circular).

+ Certified copies or confirmed copies by the People's Committee of the commune, ward, town regarding the following documents: registration of fishing gear, vessel inspection certificate, fishing permit for fishing vessels or business registration certificate for service vessels.

+ Valid hull insurance certificate for at least three months of the requested support year.

- For crew accident insurance premium support: fishermen shall establish the file as follows:

+ A request for crew accident insurance premium support from fishermen, confirmed by the People's Committee of the commune, ward, town regarding their legal residence and hiring of laborers under labor contracts on fishing vessels (according to Model No. 02 issued together with this Circular).

+ Certified copy of the labor contract between crew members and vessel owners valid during the requested support year.

+ Valid crew accident insurance certificate for at least three months of the requested support year.

- The application for support shall be conducted annually; fishermen applying for hull insurance premium support and crew accident insurance premium support for a particular year shall establish the file for that year (one application per year).

4. Support regarding fuel for fishermen who are owners of fishing vessels or service vessels for marine fishing activities.

a) Subjects eligible to receive policy support:

Fishermen who are owners of fishing vessels or service vessels for marine fishing activities that regularly and continuously engage in fishing activities, with income from fishing being their main source of income.

b) Conditions for receiving support:

- Vessel owners whose fishing vessels or service vessels operate for six months or more in a year, have completed procedures for purchasing hull insurance and crew accident insurance, and have registered their fishing gear according to the law.

- Hold fishing permits; have legal residence addresses confirmed by the People's Committee of the commune, ward, town.

- Must have confirmation from local authorities and border guards after each sea trip.

c) Level of support:

- For vessels with engine power of 90HP or more: support of 8 million VND per fishing trip, with the number of supports based on actual trips but not exceeding three times per year.

- For vessels with engine power from 40HP to less than 90HP: support of 5 million VND per fishing trip, with the number of supports based on actual trips but not exceeding four times per year.

- For vessels with engine power below 40HP: support of 3 million VND per fishing trip, with the number of supports based on actual trips but not exceeding five times per year.

d) Time of support: Implemented in 2008.

d) Regarding application documents for support:

- Fishermen eligible for policy support as stipulated in Point 4a, Section I of this Circular, meeting all conditions, shall establish the initial support application file in 2008 as follows:

+ A request for fuel support confirmed by the People's Committee of the commune, ward, town regarding their legal residence and participation in marine fishing activities (according to Model No. 03 issued together with this Circular).

+ Certified copies or confirmed copies by the People's Committee of the commune, ward, town regarding the following documents: registration of fishing gear, vessel inspection certificate, fishing permit for fishing vessels or business registration certificate for service vessels, valid hull insurance and crew accident insurance certificates.

+ Certified copies of fishing logbooks and voyage activity reports, confirmed by border guard posts during each entry and exit at fish ports and wharfs.

- For subsequent support applications in 2008: fishermen shall establish the support application file as follows:

+ A request for support confirmed by the People's Committee of the commune, ward, town regarding their legal residence and participation in marine fishing activities.

+ Certified copies of fishing logbooks and voyage activity reports, confirmed by border guard posts during each entry and exit at fish ports and wharfs of the voyage.

II. REGARDING THE PROCEDURE AND PROCEDURES FOR SUPPORTING FISHERMEN.

1. After completing the construction of new vessels, purchasing new vessels, replacing engines, purchasing hull insurance, purchasing crew insurance, or upon the conclusion of fishing trips at sea, fishermen shall prepare documentation in accordance with Section I of this Circular and submit it to the People's Committee of their residential commune, ward, or town.

2. Based on the documentation provided by the fishermen, the People's Committee of the commune, ward, or town will compile a list and forward all documentation to the Department of Agriculture and Rural Development of the district or equivalent level. The Department of Agriculture and Rural Development of the district or equivalent level shall take the lead in coordinating with the Finance Department to review the fishermen's support application documentation.

The review results must be documented in writing and retained by the reviewing authority along with the support application documentation. In cases where the fishermen's support application documentation does not meet the prescribed conditions, the reviewing authority must issue a written notice to the applicant fishermen to continue supplementing and perfecting the documentation.

3. Based on the review results, the Department of Agriculture and Rural Development of the district or equivalent level shall prepare a report for submission to the People's Committee of the district or equivalent level for consideration and issuance of a decision regarding the list and amount of support for the fishermen.

- For the support policies stipulated in Points 1, 2, and 3 of Section I of this Circular, the Chairman of the People's Committee of the district or equivalent level shall issue a decision regarding the list and amount of annual support for the fishermen.

- For the support policy concerning fuel for fishermen stipulated in Point 4 of Section I of this Circular, the Chairman of the People's Committee of the district or equivalent level shall issue a decision regarding the list and amount of support for fishermen in batches during the year 2008, at least once every quarter.

- The decision regarding the list and amount of support for fishermen shall be sent to the following agencies:

+ The People's Committee of the province or centrally-administered city; the Department of Agriculture and Rural Development; the Department of Finance.

+ The Department of Agriculture and Rural Development, the Finance Department, and the State Treasury of the district.

+ The People's Committee of the commune, ward, or town where the supported fishermen and crew members reside.

4. Based on the fishermen's support decision issued by the People's Committee of the district, the People's Committee of the commune, ward, or town shall publicly post and announce the list and amount of support for the fishermen at their office premises. The public announcement of the list and amount of support for the fishermen shall be carried out in accordance with Circular No. 54/2006/TT-BTC dated June 19, 2006, issued by the Ministry of Finance, guiding the implementation of regulations on the public disclosure of direct budget support to individuals and residents.

5. Based on the fishermen's support decision issued by the People's Committee of the district, the State Treasury of the district shall coordinate with the People's Committee of the commune, ward, or town to publicly announce the schedule for disbursing support funds to the fishermen and crew members so that the fishermen can proceed to the State Treasury of the district to complete the procedures for receiving the support funds.

6. Regarding the procedures for receiving funds at the State Treasury: Fishermen shall base their actions on the support decision issued by the People's Committee of the district and the schedule for disbursing support funds announced by the State Treasury to go to the State Treasury of the district to complete the procedures for receiving the support funds. To receive the support funds, fishermen must present a valid national identity card for verification.

III. BUDGET ESTIMATION, DISTRIBUTION METHODS, ACCOUNTING, AND SETTLEMENT OF FISHERMEN'S SUPPORT EXPENSES.

1. On Budget Estimation.

- Along with the annual budget estimation period, based on the list of households of fishermen eligible for support within the district, the Department of Agriculture and Rural Development of the district or equivalent level shall take the lead in coordinating with the Finance Department of the district to develop the budget estimate for implementing the policy throughout the district, which will be incorporated into the annual district budget expenditure plan and reported to the People's Committee of the district, the Department of Finance, and the Department of Agriculture and Rural Development for consolidation into the local government's annual budget expenditure plan.

- The Department of Finance shall coordinate with relevant departments to develop the budget estimate for implementing the policy throughout the province, which will be incorporated into the provincial government's annual budget expenditure plan and reported to the People's Committee of the province and the Ministry of Finance along with the provincial government's annual budget expenditure plan according to the guidelines set forth in the State Budget Law.

- The Ministry of Finance shall take the lead in coordinating with relevant ministries and sectors to consolidate the budget estimates for implementing the policy in various provinces and report to the Prime Minister for submission to the National Assembly for consideration alongside the annual state budget.

- For the year 2008: The People's Committees of centrally-administered cities and provinces shall instruct relevant agencies to conduct reviews and statistics on the number of fishing vessels and service vessels currently operating and under management within their jurisdictions. At the same time, they shall determine the number of beneficiaries entitled to the policy as stipulated in Clauses 4, 5, 6, and 7 of Article 1 of Decision No. 289/QĐ-TTg, and forecast the funding needs for implementing the support policy in 2008, reporting to the Ministry of Finance and the Ministry of Agriculture and Rural Development for consolidation and submission to the Prime Minister for approval and support allocation to localities in accordance with Decision No. 289/QĐ-TTg of the Prime Minister.

2. Distribution Methods.

- Annually, the Ministry of Finance shall implement targeted supplementary allocations to local budgets to implement the policy as prescribed in Circular No. 86/2006/TT-BTC dated September 18, 2006, issued by the Ministry of Finance and any subsequent amendments (if applicable).

- Based on the support budget estimate assigned by the Prime Minister and the portion of the local budget that must be guaranteed, the Department of Finance shall take the lead in coordinating with the Department of Agriculture and Rural Development to develop a distribution plan for the policy implementation funds for each district, which will be reported to the People's Committee of the province for submission to the Provincial People's Council for decision-making. Based on the support budget estimate decided by the Provincial People's Council, the People's Committee of the province shall allocate the support budget estimate to each district together with the annual budget.

- On the basis of the budget for supporting fishermen allocated by the Provincial People's Committee, the Department of Finance at the district level shall cooperate with the Department of Agriculture and Rural Development to develop a plan for allocating funds, report to the District People's Committee for submission to the District People's Council for decision. Based on the budget for expenditures decided by the District People's Council, the list of fishermen households to be supported submitted by the Department of Agriculture and Rural Development, the District People's Committee shall decide on the list and support levels for fishermen and crew members, and send them to relevant agencies as stipulated in Point 3, Section II of this Circular.

- In cases where the support fund for fishermen is not fully utilized by the end of the year (if any), it shall be transferred to the following year for continued support and may not be used for other purposes. In cases where there is a shortage of funds during the year, localities shall proactively advance funds for payment to fishermen, and the Central Government Budget (for localities receiving support from the Central Government Budget) will make up the shortfall in the following year's budget. Upon completion of the policy implementation period, any excess funds (if any) will be recovered and returned to the Central Government Budget (for localities receiving targeted support from the Central Government Budget).

3. Regarding accounting and settlement of the budget:

The support fund for fishermen under Decision No. 289/QĐ-TTg shall be recorded under Chapter 3.160, Type 10, Item 10, Sub-item 123, and consolidated into the settlement of local government budget expenditures in accordance with the State Budget Law.

IV. REPORTING REGIME

1. Quarterly and annually, the People's Committees of provinces and centrally-administered cities are responsible for preparing detailed reports on the situation of expenditures for supporting fishermen according to each type of policy and each target group within their jurisdiction under Decision No. 289/QĐ-TTg, to be sent to the Ministry of Finance and the Ministry of Agriculture and Rural Development.

2. The contents of the report include: Total amount of support in the period, including: support for purchasing new vessels, building new vessels; support for replacing new engines; support for vessel hull insurance and crew accident insurance; support for fuel.

3. Reports for the quarter must be submitted no later than 30 days after the end of the quarter; annual reports must be submitted no later than 60 days after the end of the year.

V. IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette and applies to coastal provinces and centrally-administered cities.

2. The People's Committees of provinces and centrally-administered cities are responsible for:

- Directing, organizing the implementation, and supervising the entire process of implementing the support policy for fishermen in accordance with the provisions of Decision No. 289/QĐ-TTg.

- Directing the Departments of Finance and Agriculture and Rural Development to direct the Departments of Agriculture and Rural Development to take the lead in coordinating with the Departments of Finance to handle applications, review, and report the results of reviewing support applications for fishermen to the Chairman of the District People's Committee to issue decisions on support in accordance with the provisions of Section II of this Circular.

- For the year 2008: directing the Departments of Agriculture and Rural Development and Finance to coordinate with relevant agencies to proactively use the local budget to provide direct financial support to beneficiaries through the National Treasury system.

3. During the implementation process, if there are any difficulties, they should be reported to the Ministry of Finance and the Ministry of Agriculture and Rural Development for consideration and resolution./.