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

 

JOINT CIRCULAR

Guidelines for the preparation of budgets, management, and utilization of funds for forest fire prevention and control

Pursuant to Decree No. 22/CP dated March 9, 1995 of the Government promulgating regulations on 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 issue guidelines for the preparation of budgets, management, and utilization of funds for forest fire prevention and control as follows:

Part 1:

GENERAL PROVISIONS

1. These Circulars apply to forestry inspection agencies at all levels; Specialized Forest Management Boards 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 activities.

2. Funds for forest fire prevention and control 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 so that state agencies, social organizations, mass organizations, and the people are aware and implement them.

b) Expenditure for constructing forest fire prediction systems, fire information dissemination; procedures, norms, plans for forest fire prevention and control; zoning of shifting cultivation areas, identification of forest fire hotspots 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, construction of firebreaks, fire-retardant channels, watchtowers, water reservoirs, fire prediction stations, and national fire prediction networks from central to grassroots levels serving forest fire prevention and control work.

d) Expenditure for forest fire duty: Forestry inspection staff participating in forest fire duty outside regular working hours shall be compensated for 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 night shift and overtime wage system for civil servants and public officials.

đ) Expenditure for compensating those participating in firefighting (including police and military forces), at a rate equal to the highest daily labor cost for forestry work 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 who do not receive 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 shall 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 duty) shall be rewarded at a rate of 20,000 VND/fire incident.

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

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

Funds for forest fire prevention and control shall be allocated in the annual state budget expenditure plan approved by the competent authority, including regular expenditure and capital investment for basic construction.

- 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 provinces and centrally-administered cities shall be guaranteed by the local budget.

In cases of widespread forest fires causing significant loss of life and property beyond the capacity of the local budget, 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. Preparation and execution of state budget estimates:

The preparation and execution of state budget estimates 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 detailed guidance on certain aspects as follows:

a) Preparation and allocation of forest fire prevention and control budget estimates:

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

- Preparation of forest fire prevention and control budget estimates:

+ 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 firefighting 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, 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 firefighting for the managed forest areas, 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 provincial budget to be submitted to the People's Council of the province or centrally-administered city for approval according to regulations. 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 firefighting 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 firefighting:

Based on the annual budget allocated by the competent authority, the Ministry of Agriculture and Rural Development allocates the budget for forest fire prevention and firefighting 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 firefighting 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 forest fire forecasting stations and national forest fire forecasting networks from the central to grassroots levels, purchase equipment and means of transportation... serving forest fire prevention and firefighting, such expenses shall be arranged from the construction investment capital according to current regulations on construction investment capital management.

b) Settlement of forest fire prevention and firefighting 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 expenses for forest fire prevention and firefighting used together with regular expenditure expenses. The procedures for preparation, contents, reporting forms, submission deadlines, and settlement review shall be carried out according to current regulations.

4. Inspection of forest fire prevention and firefighting 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 firefighting 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 issues improper disbursement orders shall bear the responsibility to compensate the state budget and will be subject to legal penalties according to the degree of violation.

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

Annually, the forest owner must prepare a forest fire prevention and firefighting plan to be approved by the competent authority, organize forces and means to proactively prevent and fight forest fires; the forest owner must self-fund the forest fire prevention and firefighting work on the state-assigned or leased forest area.

Part 3:

IMPLEMENTATION

This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Circular Joint Circular No. 06 TT/LB dated January 22, 1996 of 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 to the Ministry of Finance and the Ministry of Agriculture and Rural Development for necessary amendments and supplements to ensure compliance.