Decision No. 47/2012/QĐ-TTg on the establishment, management, and use of the Crime Prevention and Suppression Fund

Pursuant to …;

Regarding the establishment, management, and utilization of the Crime Prevention and Suppression Fund

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Pursuant to the Law on the Organization of the Government dated December 25, 2001;

Pursuant to the State Budget Law dated December 16, 2002;

Implementing Directive No. 48-CT/TW dated October 22, 2010 of the Politburo on strengthening the Party's leadership over crime prevention and suppression work in the new situation;

Considering the proposals of the Minister of Finance and the Minister of Public Security,

The Prime Minister issues this Decision regarding the establishment, management, and utilization of the Crime Prevention and Suppression Fund. 

Article 1. Establish the Central Crime Prevention and Suppression Fund and the provincial-level Crime Prevention and Suppression Funds (hereinafter referred to as provincial level) to support crime prevention and suppression work; drug prevention and suppression.

Article 2. The Crime Prevention and Suppression Fund shall be formed from the following sources:

1. Vietnamese currency, foreign currency, proceeds from auctioned assets, means, and evidence obtained (excluding narcotics and other items required to be destroyed according to the law), after deducting reasonable expenses under current regulations on asset auctions (if applicable) from criminal cases and drug-related cases within the provinces and centrally-administered cities, after the Judgment or Decision of the Court becomes legally effective.

2. Financial contributions and support from domestic and foreign agencies, organizations, and individuals for anti-crime activities and drug prevention and suppression.

In cases where financial contributions and support have no specific address, they shall be transferred to the Central Crime Prevention and Suppression Fund for management and utilization in accordance with Clause 1, Article 5 of this Decision.

3. Other lawful sources as prescribed by law.

Article 3. Responsibilities for managing and operating the Crime Prevention and Suppression Fund

1. The Central Crime Prevention and Suppression Fund shall be managed and operated by the Minister of Public Security.

2. The provincial-level Crime Prevention and Suppression Fund shall be managed and operated by the Chairman of the People's Committee at the provincial level.

3. The Crime Prevention and Suppression Fund shall open an account at the State Treasury.

Article 4. Allocation of the Crime Prevention and Suppression Fund

The sources forming the Crime Prevention and Suppression Fund as stipulated in Clause 1, Article 2 of this Decision shall be allocated as follows:

1. Allocate 30% for rewarding units and individuals directly involved in capturing criminals, detecting, investigating, prosecuting, and adjudicating serious, very serious, and extremely serious cases according to the law.

2. Allocate 30% to the Central Crime Prevention and Suppression Fund.

3. Allocate 40% to the provincial-level Crime Prevention and Suppression Fund where the People's Court has primary jurisdiction.

Article 5. Contents of support from the Crime Prevention and Suppression Fund

1. For the Central Crime Prevention and Suppression Fund.

a) Supporting operations to crack down on criminal gangs, groups, and rings; supporting investigative, prosecution, and adjudication activities of key cases.

b) Supporting monetary rewards to individuals, families, agencies, and organizations with outstanding achievements in crime prevention and suppression and drug prevention and suppression according to the provisions set out in Point c, Clause 2, Article 5 of Government Decree No. 04/2003/ND-CP dated January 16, 2003 on rewarding individuals, families, agencies, and organizations with outstanding achievements in drug prevention and suppression.

c) Supporting compensation and assistance to those directly involved in crime prevention and suppression and drug prevention and suppression who suffer losses to life, health, and property according to the provisions set out in Government Decree No. 103/2002/ND-CP dated December 17, 2002 on compensation and assistance for individuals, families, agencies, and organizations participating in drug prevention and suppression who suffer losses to life, health, and property.

d) Supporting research and application of detoxification treatments and functional recovery for drug addicts.

2. For the provincial-level Crime Prevention and Suppression Fund.

a) Supporting units directly engaged in crime prevention and suppression and drug prevention and suppression in purchasing technical equipment for their work.

b) Supporting relatives of those who died (including spouse, biological parents, biological children, legally adopted children, and persons recognized by law as having raised them), those who were injured or fell ill due to direct participation in crime prevention and suppression and drug prevention and suppression.

c) Supporting eradication and replacement of narcotic plantations in the locality.

d) Supporting the operation of crime prevention and suppression and drug prevention and suppression campaigns in the locality.

đ) Supporting monetary rewards to units, individuals, and families with outstanding achievements in crime prevention and suppression and drug prevention and suppression according to the provisions set out in Point c, Clause 2, Article 5 of Government Decree No. 04/2003/ND-CP dated January 16, 2003 on rewarding individuals, families, agencies, and organizations with outstanding achievements in drug prevention and suppression.

e) Supporting compensation and assistance to individuals, families, agencies, and organizations directly involved in crime prevention and suppression and drug prevention and suppression who suffer losses to life, health, and property according to the provisions set out in Government Decree No. 103/2002/ND-CP dated December 17, 2002 on compensation and assistance for individuals, families, agencies, and organizations participating in drug prevention and suppression who suffer losses to life, health, and property.

Article 6. Responsibilities for managing and operating the Crime Prevention and Suppression Fund

1. Ministry of Public Security:

a) Responsible for managing, operating, utilizing, and settling accounts for the Central Crime Prevention and Suppression Fund.

b) Cooperating with enforcement agencies at all levels and the People's Committees at the provincial level during the execution of Court Judgments and Decisions that have become legally effective concerning criminal cases and drug-related cases within the locality to allocate the Central Crime Prevention and Suppression Fund and the provincial-level Crime Prevention and Suppression Fund according to the ratio specified in Article 4 of this Decision.

c) Chair and coordinate with the Ministry of Finance and the People's Committees of provinces in inspecting the management and use of the Central Crime Prevention Fund and the Provincial Crime Prevention Fund.

d) Aggregate data and situations regarding the management and use of the Central Crime Prevention Fund and the Provincial Crime Prevention Fund, and report periodically every six months and annually, as well as on an ad hoc basis to the Prime Minister, simultaneously sending to the Ministry of Finance for monitoring and overall management.

2. Ministry of Finance:

a) Coordinate with the Ministry of Public Security and the People's Committees of provinces in inspecting the management and use of the Central Crime Prevention Fund and the Provincial Crime Prevention Fund.

b) Guide the implementation of the financial mechanism of the Crime Prevention Fund and the source of rewards (30%) as stipulated in Clause 1, Article 4 of this Decision.

3. Provincial People's Committees:

a) Be responsible for managing, operating, using, and settling accounts and finalizing the Crime Prevention Fund of the province.

b) Coordinate with the enforcement agencies at all levels and the Ministry of Public Security during the execution of Court Judgments and Decisions concerning criminal cases and drug-related cases within their jurisdiction, to allocate from the Central Crime Prevention Fund and the Provincial Crime Prevention Fund according to the provisions of Article 4 of this Decision.

c) Coordinate with the Ministry of Public Security and the Ministry of Finance in inspecting the management and use of the Crime Prevention Fund of the province.

d) Aggregate data and situations regarding the management, use, settlement, and finalization of the Crime Prevention Fund of the province, and submit to the Ministry of Public Security on a periodic basis every six months and annually, as well as upon request for ad hoc reports from the Minister of Public Security so that the Ministry of Public Security can aggregate and report to the Prime Minister, simultaneously sending to the Ministry of Finance for monitoring and overall management.

Article 7. Responsibilities of enforcement agencies at all levels

Be responsible for enforcing Court Judgments and Decisions concerning criminal cases and drug-related cases in accordance with the law; after completing the enforcement of Court Judgments and Decisions, they shall be responsible for transferring all Vietnamese currency, foreign currency, proceeds from asset auctions, means of transportation, and evidence obtained (excluding drugs and evidence required to be destroyed under the law) to the People's Committee of the province for allocation to the Central Crime Prevention Fund and the Provincial Crime Prevention Fund according to the ratio specified in Article 4 of this Decision.

Article 8. Implementation Provisions

1. This Decision takes effect from December 20, 2012.

2. Repeal Decision No. 110/2008/QĐ-TTg dated August 13, 2008 of the Prime Minister on the establishment, management, and use of the Anti-Drug Fund. The remaining balance of the Central Anti-Drug Fund and the Provincial Anti-Drug Fund will be transferred to the Central Crime Prevention Fund and the Provincial Crime Prevention Fund for continued use.

3. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for enforcing this Decision./.