Joint Circular No. 61/2007/TTLT-BNN-BTC guiding the management and use of state budget funds allocated for the activities of forestry inspection agencies at all levels and payment of costs for organizations and individuals mobilized to prevent illegal logging and forest fire prevention and control.

JOINT CIRCULAR

Guidelines for the management and use of state budget funds allocated to the activities of forestry inspection agencies at all levels; payment of costs to organizations and individuals mobilized to prevent illegal logging and forest firesactivities of forestry inspection agencies at all levels; payment of expenses for organizations and individuals mobilized to prevent illegal logging and deforestation,forest fire prevention,and firefighting

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Pursuant to Decree No. 119/2006/NĐ-CP dated October 16, 2006 of the Government on the organization and operation of forestry inspections;

The Ministry of Agriculture and Rural Development and the Ministry of Finance jointly issue guidelines for the management and use of state budget funds allocated to the activities of forestry inspection agencies at all levels; payment of costs to organizations and individuals mobilized to prevent illegal logging and forest fires, as follows:

I. FUNDS FOR THE ACTIVITIES OF FORESTRY INSPECTION AGENCIES AT ALL LEVELS

The staff of forestry inspection agencies are part of the state administrative establishment. The operating funds for forestry inspection agencies at all levels are provided from the state budget, sourced from administrative management expenses and economic public service expenses.

1. Administrative management expenses fund the regular operations of the organizational machinery of forestry inspection agencies at various levels (salaries, salary supplements, regular operational expenses of forestry inspection agencies) according to the administrative management expense standards issued by the competent authority.

a) The central government budget ensures regular operational funding for the Forest Protection Department and its subordinate units.

b) Local government budgets ensure regular operational funding for local forestry inspection agencies.

2. Economic public service expenses guarantee specific special business activities of forestry inspection agencies as follows:

a) The central government budget ensures funding for:

- Expenses for printing and distributing administrative penalty notices;

- Purchasing military weapons and equipment for the national forest protection force (excluding the provision, maintenance, and training of working dogs for local forestry inspection agencies);

- Training and professional development expenses for forestry officials and staff at the Central Forest Protection Department and Forest Protection Branches;

- Purchasing and distributing uniforms, insignia, badges, flags, banners, and forest protection cards; specialized equipment for the Central Forest Protection Department and its subordinate units;

- Other forest protection business activity expenses as prescribed by law.

b) Local government budgets ensure funding for:

- Purchasing and maintaining working dogs for local forestry inspection agencies;

- Training and professional development expenses for forestry officials and staff and forest protection forces at local forestry inspection agencies;

- Purchasing and distributing uniforms, insignia, badges, flags, banners, and forest protection cards for local forestry inspection agencies;

- Other forest protection business activity expenses as prescribed by law.

II. PAYMENT OF EXPENSES TO ORGANIZATIONS AND INDIVIDUALS MOBILIZED TO PREVENT ILLEGAL LOGGING AND FOREST FIRES

1. Mobilization Authority:

The authority issuing mobilization orders as stipulated in Clause 1, Article 19 of Decree No. 119/2006/NĐ-CP is as follows:

a) The Minister of Agriculture and Rural Development requests the Chairman of the People's Committee of the province to mobilize personnel and equipment within their jurisdiction; relevant ministries, sectors, and social organizations mobilize personnel and equipment under their own organizations when large-scale forest fires occur;

b) The Chairman of the People's Committee of the province or centrally-administered city (hereinafter referred to as the People's Committee of the province) mobilizes personnel and equipment from organizations and individuals within their jurisdiction;

c) The Director of the Provincial Forest Protection Branch mobilizes personnel and equipment from local forestry inspection agencies;

2. Responsibilities of the Mobilizer:

a) Mobilization orders must be issued in the form of a "Mobilization Order" (attached model). In urgent situations, the authorized mobilizer may issue orders through other means but must complete the "Mobilization Order" within five working days from the date of issuance;

b) On-site command, handling cost reimbursement, and compensation claims shall be carried out in accordance with these guidelines.

3.Compensation rates for individuals mobilized (excluding forest owners) to prevent illegal logging and forest fires

+ Compensation for individuals mobilized to prevent illegal logging and forest fires (including police and military forces) shall be equivalent to the prevailing daily wage for forestry labor in the locality.

Based on the actual time spent preventing illegal logging and forest fires in a day, the Chairman of the People's Committee of the province shall determine appropriate compensation for participants in preventing illegal logging and forest fires, taking into account the local situation.

+ Support for individuals mobilized to prevent illegal logging and forest fires: Participants who suffer accidents during prevention activities will have medical examination and treatment costs reimbursed according to current regulations.

For those not receiving salaries from the state budget, in addition to medical support, they will also receive a daily allowance of 20,000 VND per person during hospitalization. If an individual unfortunately dies while participating in prevention activities, the state will provide funeral expenses according to current regulations.

4. Payment to the owner (excluding the forest owner) for actual fuel consumption (gasoline, diesel) of mobilized equipment for preventing illegal logging and forest fires at the time of mobilization and repair or compensation costs (in case of damage or loss) according to current regulations.

5. Procedures and formalities for reimbursement of compensation and cost of damage compensation:

a) Organizations and individuals mobilizing personnel and equipment submit reimbursement applications for compensation and cost of damage compensation along with the "Mobilization Order" to the Forest Protection Branch for transfer to the Damage Assessment Board.

b) Establishing the Damage Assessment Board: The Chairman of the People's Committee at the provincial level where illegal deforestation or forest fires occur decides to establish the Damage Assessment Board, which includes representatives from the following agencies: Financial Agency, Forest Protection Agency, and Judicial Agency.

Based on the provisions of Point 3 and Point 4, Section II of this Circular, the current financial system of the Damage Assessment Board determines the compensation payment budget for mobilized personnel; determines the actual fuel consumption (gasoline, diesel), the condition and value of damaged or lost equipment, to determine the compensation payment budget for fuel costs, repair costs, or damage compensation for mobilized equipment.

c) Based on the damage assessment by the Damage Assessment Board, the Forest Protection Sub-Department compiles and submits to the Department of Finance for approval by the Provincial People's Committee to serve as the basis for payment.

6. Agencies responsible for compensating mobilization allowances and damage compensation expenses:

a) The Forest Protection Department pays the mobilization allowances and damage compensation expenses for organizations and individuals mobilized according to the "Mobilization Order" issued by the Chairman of the Provincial People's Committee for mobilizing forces and equipment within their jurisdiction; Ministries, sectors, and social organizations mobilize forces and equipment under their own organization according to the request of the Minister of Agriculture and Rural Development.

b) The Provincial Forest Protection Sub-Department pays the mobilization allowances and damage compensation expenses for organizations and individuals mobilized according to the "Mobilization Order" issued by the Chairman of the Provincial People's Committee and the Director of the Provincial Forest Protection Sub-Department.

7. Ensuring funds for compensating mobilization allowances and damage compensation expenses:

a) The Ministry of Agriculture and Rural Development allocates funds in the annual budget for economic affairs (for forest management and protection tasks, fire prevention and firefighting) and assigns them to the Forest Protection Department to ensure the source of funds for paying mobilization allowances and damage compensation for organizations and individuals mobilized according to the request of the Minister of Agriculture and Rural Development. When such tasks arise, the Forest Protection Department uses these funds to pay organizations and individuals based on the approval of the Provincial People's Committee; final settlement is made according to the current regulations of the State Budget Law and related guiding documents. At the end of the year, if the allocated funds for ensuring mobilization allowances and damage compensation for organizations and individuals to prevent illegal deforestation and forest fire prevention and extinguishing are not fully utilized, the Forest Protection Department will submit to the competent authority for consideration to transfer to the next year according to regulations.

b) The Provincial People's Committee is responsible for allocating funds into the annual local government budget (allocated in the economic affairs budget) to proactively ensure the funds for paying mobilization allowances and damage compensation for organizations and individuals mobilized according to the orders of the Chairman of the Provincial People's Committee and the Director of the Provincial Forest Protection Sub-Department. When such tasks arise, based on the approval of the Provincial People's Committee regarding mobilization allowances and damage compensation, the Provincial Department of Finance will allocate funds to the Provincial Forest Protection Sub-Department to pay mobilization allowances and damage compensation for organizations and individuals to prevent illegal deforestation and forest fire prevention and extinguishing.

III. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette. The provision at Point d, Section 1, Part II of the Joint Circular No. 62/2005/TTLT-BTC-BNN&PTNT dated August 4, 2005, jointly issued by the Ministry of Finance and the Ministry of Agriculture and Rural Development, guiding the preparation, management, and use of funds for forest fire prevention and extinguishing work, is hereby abolished.

2. During implementation, if there are any difficulties, please report to the Ministry of Agriculture and Rural Development and the Ministry of Finance for research and resolution./.