Circular No. 85/2020/TT-BTC on the management and use of funds for the operations of the Central Steering Committee for Natural Disaster Prevention and Control and the Natural Disaster Prevention and Control and Search and Rescue Command at all levels.

CIRCULAR

Regulations on the management and use of funds for the activities of the Central Steering Committee for Natural Disaster Prevention and Control and the Natural Disaster Prevention and Control and Search and Rescue Committees at all levels

The Central Steering Committee for Natural Disaster Prevention and Control and the

Command Committees for Natural Disaster Prevention and Control and Search and Rescue at all levels

Pursuant to the State Budget Law on June 25, 2015;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013;

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016 of the Government detailing implementation of certain provisions of the State Budget Law;

Pursuant to Decree No. 160/2018/NĐ-CP dated November 29, 2018 of the Government detailing the implementation of certain provisions of the Law on Natural Disaster Prevention and Control;

Pursuant to Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government on the organization and operation of emergency response to accidents, natural disasters, and search and rescue operations;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing Decision No. 460/QĐ-TTg dated April 25, 2019 of the Prime Minister on the establishment of the Central Steering Committee for Natural Disaster Prevention and Control;

At the proposal of the Director of the Administrative and Public Service Financial Department;

The Minister of Finance issues this Circular regulating the management and use of funds for the activities of the Central Steering Committee for Natural Disaster Prevention and Control and the Natural Disaster Prevention and Control and Search and Rescue Committees at all levels.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. Scope of Regulation: This Circular regulates the management and use of funds for the activities of the Central Steering Committee for Natural Disaster Prevention and Control and the Natural Disaster Prevention and Control and Search and Rescue Committees at all levels.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) The Central Steering Committee for Natural Disaster Prevention and Control and the Office of the Central Steering Committee for Natural Disaster Prevention and Control (including the office in Hanoi and two regional offices in the Central and South-Western regions); the working group of members of the Central Steering Committee for Natural Disaster Prevention and Control.

b) The Natural Disaster Prevention and Control and Search and Rescue Committee of ministries, ministerial-level agencies, and government agencies (hereinafter referred to collectively as the Ministry-level Committee); the permanent office or specialized agency performing the functions of the permanent office of the Ministry-level Committee.

c) The Natural Disaster Prevention and Control and Search and Rescue Committee at provincial, district, and commune levels (hereinafter referred to collectively as the Provincial, District, Commune-level Committee); the part performing the functions of the permanent office of the Provincial, District-level Committee; the part performing the functions of the Commune-level Committee.

d) Officials, civil servants, public officials, and individuals performing the tasks of the Central Steering Committee for Natural Disaster Prevention and Control; the Office of the Central Steering Committee for Natural Disaster Prevention and Control; the Ministry-level Committee; the permanent office or specialized agency performing the functions of the permanent office of the Ministry-level Committee; the Provincial, District, Commune-level Committee or the part performing the functions of the permanent office of the Provincial, District-level Committee; the part performing the functions of the Commune-level Committee.

Article 2. Sources of Funds

Article 1. Sources of State Budget

a) The central budget ensures funding for the activities of the Central Steering Committee for Natural Disaster Prevention and Control, the Office of the Central Steering Committee for Natural Disaster Prevention and Control, the working group of members of the Central Steering Committee for Natural Disaster Prevention and Control; the Ministry-level Committee, the permanent office or specialized agency performing the functions of the permanent office of the Ministry-level Committee.

Funding is allocated in the annual regular expenditure budget of the Ministry of Agriculture and Rural Development (for the Central Steering Committee for Natural Disaster Prevention and Control, the Office of the Central Steering Committee for Natural Disaster Prevention and Control, the working group of members of the Central Steering Committee for Natural Disaster Prevention and Control); the annual regular expenditure budget of ministries, ministerial-level agencies, and government agencies (for the Ministry-level Committee, the permanent office or specialized agency performing the functions of the permanent office of the Ministry-level Committee).

b) The local budget ensures funding for the activities of the Provincial, District, Commune-level Committee and is allocated in the annual regular expenditure budget of the agency assigned the task of the Provincial, District, Commune-level Committee, the part performing the functions of the permanent office of the Provincial, District-level Committee, the part performing the functions of the Commune-level Committee.

2. Other sources of funds as prescribed by law (if any).

Chapter II

SPECIFIC PROVISIONS

Article 4. Contents of Expenditure

Units specified in Clause 2, Article 1 of this Circular shall, within their functions and tasks assigned by competent authorities and within the scope of the state budget allocation, implement the following items of expenditure:

1. Expenditure to ensure the operation of the Central Steering Committee for Natural Disaster Prevention and Control, the Office of the Central Steering Committee for Natural Disaster Prevention and Control; organizations and units mobilized by the Central Steering Committee for Natural Disaster Prevention and Control to perform tasks. The expenditure includes:

a) Materials, office supplies, fuel, information, communication, and other public services;

b) Renting, purchasing, repairing assets, infrastructure, equipment, essential and specialized means serving the work of emergency response, command, control, supervision, and inspection of the Central Steering Committee for Natural Disaster Prevention and Control, the Office of the Central Steering Committee for Natural Disaster Prevention and Control;

Standards and norms for specialized machinery and equipment are implemented according to Decision No. 50/2017/QĐ-TTg dated December 31, 2017 of the Prime Minister on standards and norms for the use of machinery and equipment and current regulations.

c) Allowance for兼任公职补贴；在中央防灾减灾指挥部直属办公室、直属机构或专门部门工作的专家、合同工的工资和报酬；

d) Overtime pay in accordance with the Labor Law, travel expenses, and related policies for officials participating in duty shifts, emergency response meetings, and forward-deployed task forces when disaster situations occur;

đ) Costs for managing and operating systems, leasing public services for information provision and transmission to prevent and control natural disasters (specialized monitoring and warning systems, surveillance systems at key disaster prevention and control projects, etc.);

e) Updating and supplementing databases and decision-making support tools to serve preventive and post-disaster recovery operations.

2. To ensure the operation of the Central Steering Committee's Office, the permanent office or specialized agency performing the functions of the Central Steering Committee's permanent office; the Provincial, District, and Commune Steering Committees; the units performing the functions of the Provincial and District Steering Committees' permanent offices or the units directly under the Commune Steering Committees: Based on the expenditure content stipulated in Clause 1 of this Article, the Central Steering Committee, the permanent office or specialized agency performing the functions of the Central Steering Committee's permanent office; the Provincial, District, and Commune Steering Committees; the units performing the functions of the Provincial and District Steering Committees' permanent offices or the units directly under the Commune Steering Committees shall submit to the competent authority for examination and decision on expenditure content suitable with actual activities and within the annual regular budget estimate allocated.

3. Conferences, seminars, and events, activities during National Disaster Prevention and Control Week.

4. Training, instruction, education, and drills on disaster prevention and control for forces participating in disaster prevention and control and search and rescue operations; building materials, disseminating, promoting, and raising awareness among disaster prevention and control forces at all levels and the community about laws, knowledge, and skills in disaster prevention and control.

5. Activities coordinating with agencies, organizations, and individuals to enhance the capacity of disaster prevention and control systems at all levels within the tasks of the Central Steering Committee for Disaster Prevention and Control.

6. Reward work for individuals and organizations with achievements in disaster prevention and control and search and rescue operations.

7. Dissemination and promotion to raise community awareness about disaster prevention and control and search and rescue: Producing, editing, broadcasting, distributing, transmitting journalistic information products, radio and television programs, publications, and other information products (leaflets, posters, banners, slogans, film tapes, video clips), text messages via mobile phones and social networks, organizing discussion sessions, contests, selection events, photo exhibitions, rallies, and other forms and products of communication to strengthen information and promotion about disaster prevention and control and search and rescue...

8. Mobilizing forces, materials, equipment, and means to handle natural disasters promptly when they occur.

9. Receiving and allocating emergency disaster relief funds.

10. Other expenditure contents implementing disaster prevention and control and search and rescue tasks according to relevant laws (if any) and decided by authorized agencies in accordance with the Law on State Budget and guiding documents.

Article 4. Levels of expenditure

1. The expenditure levels for the contents prescribed in Article 3 of this Circular shall be implemented in accordance with current financial expenditure standards and norms stipulated by authorized state agencies. This Circular specifically stipulates some expenditure levels as follows:

a) Allowance for兼任职务补贴：根据人事部2005年8月10日发布的第78号令《关于实施兼任领导职务津贴制度的指导意见》的规定，对兼任其他机关、单位领导职务的干部、公务员和事业单位工作人员发放兼职津贴。

b) Overtime pay: Implemented in accordance with the Inter-Ministerial 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 overtime pay for civil servants and public officials working night shifts and overtime; Circular No. 31/2017/TT-BNNPTNT dated December 29, 2017, of the Ministry of Agriculture and Rural Development, regarding working hours and rest periods for workers engaged in special natured work in disaster prevention and control.

c) Travel expenses and conference fees for implementing disaster prevention and control tasks: Implemented in accordance with Circular No. 40/2017/TT-BTC dated April 28, 2017, of the Ministry of Finance, concerning travel expenses and conference regulations.

d) Information dissemination and publicity expenses: Implemented in accordance with the Inter-Ministerial Circular No. 14/2014/TTLT-BTC-BTP dated January 27, 2014, of the Ministry of Finance and the Ministry of Justice, concerning the preparation of budgets, management, use, and settlement of state budget funds to ensure legal education and popularization work and access to the law for the people at the grassroots level; Circular No. 03/2018/TT-BTTTT dated April 20, 2018, of the Ministry of Information and Communications, promulgating economic and technical norms for producing television programs; Decree No. 18/2014/NĐ-CP dated March 14, 2014, of the Government, concerning remuneration for authors and copyright owners for press works (including print, spoken, visual, and online press) when participating in promotional activities.

The head of the agency entrusted with the task of communication shall be responsible for selecting communication formats, products, and content, and approving the budget for the execution of tasks within the allocated budget range according to their authority, ensuring compliance with policies and regulations, economy, efficiency, and suitability with the provisions of the law on bidding, ordering, and assigning tasks.

đ) Rewards from the Central Steering Committee for Disaster Prevention and Control, the Central Steering Committee's Office, the Provincial, District, and Commune Steering Committees for organizations and individuals: Apply the reward expenditure level as stipulated in Decree No. 91/2017/NĐ-CP dated July 31, 2017, of the Government, detailing the implementation of certain Articles of the Law on Awards and Honors.

e) Payment to organizations and individuals mobilized or voluntarily participating in search and rescue, rescue, disaster response, and disaster relief activities: Implemented in accordance with Decree No. 30/2017/NĐ-CP dated March 21, 2017, of the Government, concerning organization and activities for responding to emergencies, natural disasters, and search and rescue operations.

g) Administrative operation system management expenses: Implemented in accordance with the provisions of Circular Joint Circular No. 19/2012/TTLT-BTC-BKHĐT-BTTTT dated February 15, 2012, issued by the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Information and Communications guiding the management and use of funds for implementing the National Program on Information Technology Application in State Administration Activities.

h) Expert rental expenses: Implemented in accordance with the provisions of Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015, issued by the Ministry of Labor, Invalids and Social Affairs stipulating the salary level for domestic consulting experts serving as the basis for budgeting tender packages for consultancy services under time-based contracts using state funds.

Other expenses: Based on valid invoices and supporting documents within the approved budget range.

2. For contents without specified expenditure levels:

a) For expenditure items of the Central Steering Committee for Natural Disaster Prevention and Control and the Ministry-level Command from the central government budget: The Minister of Agriculture and Rural Development and other Ministries shall decide to apply expenditure levels for tasks and expenditure items with similar characteristics that have been prescribed by authorized authorities, with valid invoices and supporting documents, within the approved budget range, and shall be responsible for their decisions.

b) For expenditure items of provincial, district, and commune-level Commands from local government budgets: The People's Councils of provinces and centrally-administered cities shall consider and decide to apply expenditure levels for tasks and expenditure items with similar characteristics that have been prescribed by authorized authorities, with valid invoices and supporting documents within the approved budget range, and shall be responsible for their decisions.

3. Within the allocated state budget range; the Ministers, Heads of Ministries equivalent to Ministries, and other central agencies, Provincial People's Councils, and centrally-administered city councils shall determine specific expenditure levels appropriate to actual circumstances but not exceeding the expenditure levels prescribed in this Circular.

Article 5. Budget Preparation, Allocation, Execution, and Settlement

The preparation, allocation, execution, and settlement of funds for natural disaster prevention and control activities shall be carried out in accordance with the provisions of the State Budget Law 2015, Decree No. 163/2016/NĐ-CP dated December 21, 2016, issued by the Government detailing certain provisions of the State Budget Law, and guidance documents of the Ministry of Finance. Additionally, this Circular guides the following matters:

1. Establishment of budget projections:

Annually, along with the time for preparing the state budget, agencies and units assigned tasks by the Central Steering Committee for Natural Disaster Prevention and Control, the Office of the Central Steering Committee for Natural Disaster Prevention and Control, and various levels of Commands shall prepare budgets according to the expenditure items and levels prescribed in Articles 3 and 4 of this Circular, consolidate them into the regular expenditure budgets of Ministries, agencies equivalent to Ministries, and agencies under the Government, and submit them to the financial authorities at the same level for review and approval by authorized authorities in accordance with the State Budget Law and related guidance documents.

a) For the Central Steering Committee for Natural Disaster Prevention and Control

The Ministry of Agriculture and Rural Development is responsible for consolidating the operating funds of the Central Steering Committee for Natural Disaster Prevention and Control and its Office into the Ministry's state budget proposal, which will then be submitted to the Ministry of Finance for consolidation and reporting to authorized authorities as required.

b) For Ministry-level Commands

Ministries, agencies equivalent to Ministries, and agencies under the Government are responsible for consolidating the operating funds of Ministry-level Commands, their Offices, or specialized agencies performing the functions of such Offices into their respective state budget proposals, which will then be submitted to the Ministry of Finance for consolidation and reporting to authorized authorities as required.

c) For provincial, district, and commune-level Commands

For the funds of provincial-level Commands: Agencies and units tasked with implementing provincial-level Command duties shall prepare budgets for natural disaster prevention and control activities based on assigned tasks and submit them to the Department of Finance for consolidation and submission to authorized authorities for decision-making.

For the funds of district and commune-level Commands: Agencies and units tasked with implementing the permanent duties of district-level Commands or the permanent sections of commune-level Commands shall prepare budgets for natural disaster prevention and control and search and rescue activities based on assigned tasks, consolidate them into their agency or unit budgets, and submit them to the financial authorities at the same level for review and submission to authorized authorities for decision-making.

2. Allocation and Implementation of Budgets

a) The allocation and execution of the budget shall be carried out in accordance with the provisions of the State Budget Law and related guidance documents, Decree No. 30/2017/NĐ-CP dated March 21, 2017, issued by the Government regarding organization and operations for emergency response, natural disaster prevention, and search and rescue, and the provisions of this Circular; specifically, detailed allocations of funds for the Central Steering Committee for Natural Disaster Prevention and Control, its Office, Ministry-level Commands, their Offices or specialized agencies performing the functions of such Offices, provincial, district, and commune-level Commands, and sections performing the functions of provincial and district-level Command Offices, and permanent sections of commune-level Command Offices. Funds allocated for the expenditure items prescribed in Article 3 of this Circular shall not overlap with funds allocated for the expenditure items prescribed in Chapter VI of Decree No. 30/2017/NĐ-CP concerning sources of funding and the delegation of budgetary tasks for emergency response, natural disaster prevention, and search and rescue activities.

b) The withdrawal of the budget and payment shall be carried out in accordance with the provisions of Decree No. 11/2020/NĐ-CP dated January 20, 2020, issued by the Government regarding administrative procedures under the State Treasury and Circular No. 62/2020/TT-BTC dated June 22, 2020, issued by the Ministry of Finance guiding the control and payment of regular expenditures from the state budget through the State Treasury.

Agencies and units are responsible for finalizing the budget for implementing litigation cost payments in accordance with this Decree and consolidating it into the annual budget finalization report of the agency or unit in accordance with the laws on regular budget finalization, accounting laws, guiding documents, and other relevant laws.

a) Operating expenses for the Central Steering Committee, the Office of the Central Steering Committee's Permanent Secretariat, the Ministry-level Command, the provincial, district, and commune-level Commands shall be consolidated into the annual final accounts settlement of the State budget of the Ministry of Agriculture and Rural Development (for the Central Steering Committee and the Office of the Central Steering Committee's Permanent Secretariat), the ministries and central agencies (for the Ministry-level Command), and localities according to the State budget decentralization (for the provincial, district, and commune-level Commands).

b) The procedures for preparation, reporting forms, submission deadlines, and review of the final accounts report shall be carried out in accordance with Circular No. 137/2017/TT-BTC dated December 25, 2017, issued by the Ministry of Finance on the examination, verification, notification, and consolidation of the annual final accounts.

Chapter III

IMPLEMENTATION

Article 6. Effectiveness

1. This Circular takes effect from December 1, 2020. For the expenses incurred in 2020, the ministries, sectors, and localities shall allocate within the scope of the State budget estimate for 2020 that has been assigned by the competent authority.

2. The allowance system for officials, civil servants, public employees, and workers at agencies and units receiving salaries from the State budget; the concurrent position allowance stipulated in point c, Clause 1, Article 3 of this Circular shall be implemented until new regulations on salary systems and allowances are issued pursuant to Resolution No. 27-NQ/TW dated May 21, 2018, of the Seventh Plenary Session of the 12th Central Committee on reforming salary policies for officials, civil servants, public employees, armed forces, and workers in enterprises.

4. During the implementation process, if there are any difficulties, units are requested to report to the Ministry of Finance for research and appropriate amendments.

4. The Minister, Heads of Ministries equivalent to Ministries, agencies under the Government, and other central-level agencies, and Chairpersons of People's Committees at all levels shall be responsible for directing and implementing this Circular.

5. During implementation, if there are any difficulties, the units are requested to reflect them to the Ministry of Finance for study and appropriate amendments.