Joint Circular No. 62/2005/TTLT-BTC-BNN&PTNT guiding the preparation of budgets, management, and use of funds for forest fire prevention and extinguishing work.

JOINT CIRCULAR

VON THE ESTABLISHMENT OF BUDGETS, MANAGEMENT AND USE OF FUNDS FOR FOREST FIRE PREVENTION AND CONTROL WORK
forest fire fighting 
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Pursuant to Decree No. 22/CP dated March 9, 1995 of the Government on regulations for forest fire prevention and control;

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;

Pursuant to Directive No. 21/2002/CT-TTg dated December 12, 2002 of the Prime Minister on strengthening the implementation of forest fire prevention and control work;

The Ministry of Finance and the Ministry of Agriculture and Rural Development hereby guide the establishment of budgets, management and use of funds for forest fire prevention and control work as follows:

PART I:
GENERAL PROVISIONS

1. This Circular applies to forestry inspection agencies at all levels; Management Boards of Specialized Forests including National Parks, Nature Reserves, Scenic Protection Areas; Protective Forest Management Boards established by competent state authorities and forest owners in forest fire prevention and control work.

2. Funds for forest fire prevention and control work shall be guaranteed by the State budget according to the current State budget decentralization and invested by forest owners.

Part II:
SPECIFIC PROVISIONS

1. Contents of expenditure and some expenditure rates for forest fire prevention and control work:

a) Expenditure for propaganda, training, and instruction on forest fire prevention and control work so that state agencies, social organizations, mass organizations, and the people are aware and implement them.

b) Expenditure for building forest fire forecast systems, forest fire information systems; procedures, norms, plans for forest fire prevention and control; zoning production areas, identifying key fire points on maps and in reality; firefighting drills; application of scientific and technological advancements in forest fire prevention and control.

c) Expenditure for purchasing equipment and facilities, constructing firebreaks, drainage channels, watchtowers, water reservoirs, fire forecast stations, and national forest fire forecast networks from central to grassroots levels serving forest fire prevention and control work.

d) Expenditure for forest fire prevention duty: Forestry inspection staff participating in forest fire prevention duty outside regular working hours shall be paid overtime pay according to Circular No. 08/2005/TTLT-BNV-BTC dated January 5, 2005 of the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of wage systems for night work and overtime for civil servants and public officials.

đ) Expenditure for compensating those participating in firefighting (including police and military forces), with compensation equal to the highest daily labor cost in the locality, but not exceeding 30,000 VND/person/day. Based on the time spent participating in firefighting each day, the Ministry of Agriculture and Rural Development (for centrally-managed forests) and the Chairman of the People's Committee of provinces and centrally-administered cities (for locally-managed forests) shall stipulate appropriate compensation rates for firefighting participants according to local conditions.

e) Expenditure for fuel (gasoline, diesel), repair, and compensation for damage when equipment and facilities are mobilized for firefighting: For equipment and facilities owned by non-forest owners participating in firefighting, costs for fuel, repairs, or compensation for damage (if damaged) shall be reimbursed according to current regulations.

g) Expenditure for supporting those injured while participating in firefighting: Those injured while participating in firefighting shall be reimbursed for medical examination and treatment expenses according to current regulations.

In addition to medical support, those not receiving salaries from the state budget shall also receive an additional 20,000 VND/day/person during hospitalization; in cases where death occurs during firefighting, the state will provide funeral expenses according to current regulations.

h) Expenditure for timely detection and reporting of forest fires: Individuals who promptly detect and report forest fires to the nearest forestry inspection unit (excluding forestry inspectors and those on forest fire prevention duty) shall be compensated at a rate of 20,000 VND per fire incident.

i) Expenditure for the activities of the Central Steering Committee for Forest Fire Prevention and Control and the local Forest Fire Prevention and Control Command Posts according to current state regulations.

2. Sources of funds for forest fire prevention and control work:

Funds for forest fire prevention and control work shall be allocated within the annual state budget expenditure plan approved by the competent authority, including recurrent expenditure and capital investment.

- Funds for forest fire prevention and control work of the Forest Inspection Department (including Technical Protection Centers) and National Parks under the Ministry of Agriculture and Rural Development shall be guaranteed by the central budget.

- Funds for forest fire prevention and control work of forestry inspection agencies, specialized forest management boards, and protective forest management boards under provincial and centrally-administered city governments shall be guaranteed by local budgets.

In cases where large-scale forest fires cause significant loss of life and property beyond the capacity of local budgets, the Chairman of the People's Committee of provinces and centrally-administered cities shall report to the Prime Minister for consideration of central budget support.

3. Establishment and execution of state budget: The establishment and execution of state budgets for forest fire prevention and control work shall be carried out in accordance with the State Budget Law and current guiding documents. This Circular provides specific guidance on certain aspects, as follows:

a) Establishment and allocation of forest fire prevention and control expenditure budgets:

Based on the requirements and tasks of forest fire prevention and control work; the implementation of previous year's budget; the contents and rates of expenditure specified in Point 1, Part II of this Circular and current financial expenditure regulations, units shall establish budgets for forest fire prevention and control work as follows:

- Establishing forest fire prevention and control expenditure budgets:

- Establishing forest fire prevention and control expenditure budgets:

+ At the central level: Annually, the Forest Protection Department, National Parks under the Ministry of Agriculture and Rural Development prepare the budget for forest fire prevention and extinguishing together with the regular expenditure budget to report to the Ministry of Agriculture and Rural Development for review and consolidation into the Ministry's budget plan, which is then submitted to the Ministry of Finance and the Ministry of Planning and Investment for consideration and submission to the Government for approval by the National Assembly.

+ At the local level: Annually, the Forest Protection Sub-department, Specialized Forest Management Board, Protective Forest Management Board prepare the budget for forest fire prevention and extinguishing for the managed forest area, together with the regular expenditure budget to submit to the Provincial Department of Finance, Provincial Department of Planning and Investment for consideration and consolidation into the local budget plan to be submitted to the People's Committee of the province or centrally-administered city for approval by the People's Council of the province or centrally-administered city as prescribed. In cases where the Forest Protection Sub-department, Specialized Forest Management Board, Protective Forest Management Board are under the Provincial Department of Agriculture and Rural Development, these units prepare the budget for forest fire prevention and extinguishing to submit to the Provincial Department of Agriculture and Rural Development for review and consolidation according to regulations.

- Allocate the budget for forest fire prevention and extinguishing:

Based on the annual budget approved by the competent authority, the Ministry of Agriculture and Rural Development allocates the budget for forest fire prevention and extinguishing together with the regular expenditure budget to the Forest Protection Department and National Parks under its jurisdiction.

The Chairman of the People's Committee of the province or centrally-administered city or the Provincial Department of Agriculture and Rural Development (for the Forest Protection Sub-department, Specialized Forest Management Board, Protective Forest Management Board under the Provincial Department of Agriculture and Rural Development) allocate the budget for forest fire prevention and extinguishing together with the regular expenditure budget to the Forest Protection Sub-department, Specialized Forest Management Board, Protective Forest Management Board.

For expenses to construct boundary roads, firebreak channels, watchtowers, water reservoirs, establish fire prediction stations and national fire prediction networks from the central to grassroots levels, purchase equipment and means of transportation... serving forest fire prevention and extinguishing tasks, such expenses shall be arranged from construction investment capital and implemented according to current regulations on construction investment capital management.

b) Settlement of forest fire prevention and extinguishing expenses:

By the end of each quarter and year, the Forest Protection Department and National Parks under the Ministry of Agriculture and Rural Development; the Forest Protection Sub-departments, Specialized Forest Management Boards, Protective Forest Management Boards under the provinces and centrally-administered cities must settle the forest fire prevention and extinguishing expenses used together with regular expenditure expenses. The procedures for preparation, contents, reporting forms, submission deadlines, and settlement reviews are carried out according to current regulations.

4. Inspection of forest fire prevention and extinguishing expense usage:

The Ministry of Agriculture and Rural Development, Provincial Departments of Agriculture and Rural Development, Forest Protection Sub-departments have the responsibility to coordinate with financial agencies, planning and investment agencies (for tasks funded by construction investment capital) at the same level to conduct regular and spot inspections of forest fire prevention and extinguishing expense usage to ensure proper and effective use of funds. Expenses that are not used for their intended purposes or are improperly disbursed must be recovered and returned to the state budget. The person who orders improper disbursement is responsible for compensating the state budget and will be subject to legal sanctions according to the degree of violation.

5. Regarding state-owned forest areas leased or assigned to economic organizations, households, or individuals:

Annually, the forest owner must prepare a forest fire prevention and extinguishing plan to be approved by the competent authority, organize forces and means to proactively prevent and extinguish forest fires; the forest owner must independently ensure funding for forest fire prevention and extinguishing work on the state-assigned or leased forest area.

Part 3:
IMPLEMENTATION

This Circular shall take effect fifteen days after its publication in the Official Gazette and shall supersede Circular Joint Circular No. 06TT/LB dated January 22, 1996, issued by the Ministry of Finance and the Ministry of Agriculture and Rural Development guiding the planning, allocation, management, and settlement of funds for forest fire prevention and firefighting work.

During implementation, if there are any difficulties, units are requested to report them to the Ministry of Finance and the Ministry of Agriculture and Rural Development for appropriate amendments and supplements.