JOINT CIRCULAR No. 95/2014/TTLT-BTC-BCA GUIDING THE MANAGEMENT AND USE OF FUNDS FOR IMPLEMENTING THE NATIONAL TARGET PROGRAM ON PREVENTION AND CONTROL OF CRIME FOR THE 2012-2015 PERIOD

JOINT CIRCULAR

Guidelines for managing and using funds to implement the National Target Program on Crime Prevention and Control for the period 2012-2015

||| National target on crime prevention and control for the 2012 – 2015 period

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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 Decree No. 215/2013/ND-CP dated November 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 77/2009/ND-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security; and Decree No. 21/2014/ND-CP dated March 25, 2014 of the Government amending and supplementing Article 3 of Decree No. 77/2009/ND-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decision No. 135/2009/QD-TTg dated November 4, 2009 of the Prime Minister promulgating the Management and Implementation Regulations for the National Target Programs;

Pursuant to Decision No. 1217/QD-TTg dated September 6, 2012 of the Prime Minister approving the National Target Program on Crime Prevention and Control for the period 2012-2015.

Pursuant to Circular No. 258/UBTVQH13-TCNS dated October 29, 2012 of the Standing Committee of the National Assembly regarding the objectives, tasks, timeframes, and specific resources of each component project under the National Target Programs for the period 2011-2015.

The Minister of Finance and the Minister of Public Security hereby issue this Joint Circular guiding the management and use of funds to implement the National Target Program on Crime Prevention and Control for the period 2012-2015.

Article 1. Scope of application and scope of regulation.

1. This Joint Circular applies to central ministries and agencies and provinces and centrally-administered cities (hereinafter referred to as localities) assigned tasks and funds from the National Target Program on Crime Prevention and Control for the period 2012-2015.

2. This Joint Circular shall be implemented for projects and sub-projects under the National Target Program on Crime Prevention and Control as approved by Decision No. 1217/QD-TTg dated September 6, 2012 of the Prime Minister.

Article 2. Sources of funding for the Program include:

1. Central budget funds.

a) Development investment capital.

b) Operational capital.

2. Local budget funds.

Clause 3. Other legitimate sources of funding.

Article 3. Contents and expenditure levels for the project "Investment in equipping means, weapons, tools, and technical equipment for the work and combat operations of the Investigation Police at all levels," the project "Enhancing capacity in environmental crime prevention and control," the project "Preventing and combating high-tech crimes," the project "Establishing the National Information Center on Crime," and the project "Enhancing vocational training capacity for prisoners in detention centers" shall be carried out as follows:

1. For projects utilizing development investment capital: The contents and expenditure levels shall be implemented according to current State regulations on the management and use of development investment capital from the State budget.

2. For projects utilizing operational capital and development investment capital: The contents and expenditure levels when using operational capital shall be applied according to the provisions of this Circular. The contents and expenditure levels when using development investment capital shall be implemented according to the provisions of Clause 1, Article 3 of this Circular.

3. For projects utilizing other legally raised funds: The contents and expenditure levels shall be implemented according to the provisions of the sponsor at the financial assistance agreements, or according to the expenditure levels defined by the sponsor's representative, the Ministry of Finance, and the project's supervising agency.

In cases where the sponsor, the sponsor's representative, or the Ministry of Finance does not specify the contents and expenditure levels, they shall be implemented according to the provisions of this Joint Circular.

Article 4. Content and funding levels of the project: "Strengthening education, communication, supervision, and evaluation of the implementation of the Program":

1. Funding for education, propaganda, dissemination of legal knowledge, raising awareness in crime prevention and control; propaganda on the Party's and State's policies on crime prevention and control through mass media (newspapers, radio stations, television stations) and other forms of propaganda. The content and funding levels shall be implemented in accordance with the provisions of Circular Joint No. 14/2014/TTLT-BTC-BTP dated January 27, 2014 issued by the Ministry of Finance and the Ministry of Justice regarding the preparation of budget estimates, management, use, and settlement of state budget funds to ensure legal education and popularization work and citizens' access to the law at the grassroots level.

2. Funding for organizing rallies, launching ceremonies, high-point campaigns, exchange meetings, lectures on communication and specialized education on crime prevention and control work. Funding levels shall be in accordance with the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010 issued by the Ministry of Finance regarding travel expenses and funding for organizing conferences for state agencies and public service units.

3. Funding for compiling, developing, and distributing programs, publications, and materials on crime prevention and control communication. The content and funding levels shall be applied in accordance with the provisions of Circular No. 123/2009/TT-BTC dated June 17, 2009 issued by the Ministry of Finance regarding the content and funding levels for the development of framework programs and editing courses for university, college, and vocational training subjects.

4. Funding for producing documentary films, cultural and artistic programs, broadcasting, television programs, building special sections, columns, news reports on mass media about advanced models and exemplary cases in crime prevention and control. The selection of communication forms, contents, and communication programs will be decided based on the approved budget estimate and implemented according to Decision No. 39/2008/QĐ-TTg dated March 14, 2008 issued by the Prime Minister on the bidding, ordering, and assignment of tasks for providing public services funded by the state budget and related guiding documents.

5. Funding for organizing competitions to understand crime prevention and control work shall be carried out in accordance with the provisions of Circular Joint No. 22/2012/TTLT/BTC-BCA (Clause 1, Article 3) dated February 16, 2012 issued by the Ministry of Finance and the Ministry of Public Security guiding the management and use of funds for implementing the Action Program to Prevent and Combat Human Trafficking.

6. Funding for building and expanding community models participating in crime prevention and control, including funding for surveying and selecting complex areas in terms of public security. The content and funding levels shall be implemented in accordance with the provisions of Circular No. 58/2011/TT-BTC dated May 11, 2011 issued by the Ministry of Finance regarding the management, use, and settlement of funds for conducting statistical surveys.

7. Transforming complex areas in terms of public security: Based on the budget estimate, assigned tasks, and the situation of crimes in the locality, the Chairman of the Provincial People's Committee shall submit to the same-level People's Council for approval the content and funding levels to organize implementation in line with the actual conditions of the locality.

8. Funding for conferences, seminars, mid-term reviews, and final summaries of management, operation, and implementation of the project: The content and funding levels shall be implemented in accordance with the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010 issued by the Ministry of Finance regarding travel expenses and funding for organizing conferences for state agencies and public service units.

9. Funding for supporting activities of the Government's Steering Committee for Crime Prevention and Control (Committee 138/CP), the Management Board of the National Target Program on Crime Prevention and Control under the Ministry of Public Security, and the Steering Committees for Crime Prevention and Control, Drug Prevention and Control, and Human Trafficking Prevention and Control in provinces and centrally-administered cities (hereinafter referred to as the provincial Steering Committee):

a) Funding for training and capacity enhancement in professional skills for managing and operating projects and programs for direct forces involved in implementing national target programs on crime prevention and control. The content and funding levels shall be implemented in accordance with the provisions of Circular No. 139/2010/TT-BTC dated September 21, 2010 issued by the Ministry of Finance guiding the management and use of state budget funds for cadre and civil servant training and development.

b) Funding for conferences, seminars, mid-term reviews, and final summaries of management, operation, and implementation of projects and programs. The content and funding levels shall be implemented in accordance with the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010 issued by the Ministry of Finance regarding travel expenses and funding for organizing conferences for state agencies and public service units.

c) Funding for office supplies, office equipment, postal charges, and communication support for Committee 138/CP, the Management Board, and the Inter-ministerial Team assisting the Committee 138/CP: Based on the annual budget allocation, the tasks to be carried out in the year, and current regulations on standards, contents, and funding levels, the Director of the National Target Program on Crime Prevention and Control shall prepare the budget estimate, submit it to the competent authority for approval in accordance with state budget management and use regulations before implementation and bear legal responsibility for this expenditure.

d) Funding for international cooperation activities: The content and funding levels shall be implemented in accordance with the provisions of Circular Joint No. 102/2012/TTLT-BTC dated June 21, 2012 regarding travel expenses for state officials traveling abroad for short-term missions funded by the state budget and Circular No. 01/2010/TT-BTC of the Ministry of Finance dated January 6, 2010 regarding reception expenses for foreign guests visiting Vietnam, expenses for organizing international conferences and seminars in Vietnam, and domestic hospitality expenses.

d) For inspection and supervision of the implementation of projects under the National Target Program on Crime Prevention and Control: The content and level of expenditure shall be carried out in accordance with the provisions of Circular No. 06/2007/TT-BTC dated January 26, 2007 of the Ministry of Finance guiding the preparation of budget estimates, management, and use of funds to ensure the work of inspecting the implementation of policies, strategies, plans, and Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance stipulating the system of travel expenses and costs for organizing meetings for state agencies and public service units.

For inter-sectoral and inter-agency inspection and supervision, evaluation: The leading agency of the working group ensures the cost of the trip according to the prescribed regulations (travel fare, accommodation allowance, rental fee for accommodation at the destination, and shipping charges for documents brought along) for members of the group. To avoid overlapping expenditures, the leading agency of the working group shall notify in writing (in the invitation letter or summons) the agency sending personnel to the mission that they do not need to settle this expense.

e) Expenditure for night work and overtime for activities of projects under the National Target Program on Crime Prevention and Control: The content and level of expenditure shall be carried out in accordance with the provisions of Joint Circular No. 08/2005/TTLT-BNV-BTC dated January 25, 2005 of the Ministry of Home Affairs and the Ministry of Finance guiding the implementation of the system of payment for night work and overtime for civil servants, officials, and employees.

Article 5. Preparation and execution of the budget estimate.

The preparation, allocation, and execution of the budget estimate for the National Target Program on Crime Prevention and Control shall be carried out in accordance with the current provisions of the State Budget Law, guiding documents implementing the State Budget Law, and the following provisions:

1. Annually, together with the time for preparing the State Budget estimate in accordance with the current provisions of the State Budget Law and guiding documents implementing the State Budget Law, ministries, central agencies, and localities assigned tasks to participate in and implement projects under the National Target Program on Crime Prevention and Control shall prepare the State Budget estimate for the implementation of their assigned tasks according to each relevant project, and submit it to the leading agency of the program (as specified in Decision No. 1217/QĐ-TTg dated September 6, 2012 of the Prime Minister) and the leading agency of the program - the Ministry of Public Security for consolidation.

2. The leading agency of the project, based on the content and total capital of the project, shall be responsible for reviewing and consolidating the budget estimates of ministries, central agencies, and localities, together with its own direct participation in the implementation within the scope of the project it oversees, and submitting them to the program management agency (Ministry of Public Security), while also sending them to the Ministry of Finance and the Ministry of Planning and Investment for consolidation.

For the project "Strengthening Education, Communication, and Supervision and Evaluation of the Implementation of the Program," the portion of the capital from the local budget allocated for the implementation of the Program shall be implemented as follows:

a) The Department of Planning and Investment and the Department of Finance shall be responsible for reporting to the People's Committee of the province to allocate the local budget for the Program and to propose the budget allocation plan for the Program (including both the supplementary amount from the central budget to the local budget and the amount allocated from the local budget) to be submitted to the People's Council for decision.

b) The People's Committee of the province shall be responsible for reporting to the program management agency, the Ministry of Planning and Investment, and the Ministry of Finance about the allocation of capital, funding, and the implementation status of the Program (including both the portion of capital from the central budget and the portion from the local budget).

3. The Ministry of Public Security shall be responsible for consolidating the entire budget estimate of the Program, according to each project and each locality or unit assigned to participate in the Program, and submitting it to the Ministry of Finance and the Ministry of Planning and Investment in accordance with the current provisions of the State Budget Law for consolidation into the State Budget estimate, to be submitted to the competent authority for examination and decision.

4. Based on the total budget estimate of the National Target Program on Crime Prevention and Control announced by the competent authority, the Ministry of Public Security, in coordination with the leading agencies of the projects, shall draft the budget allocation plan for the Program for each project and in detail for each participating unit or locality, in line with the objectives, contents, and assigned tasks. The Ministry of Public Security shall consolidate the results of the allocation and submit them to the Ministry of Finance and the Ministry of Planning and Investment for consolidation into the State Budget estimate, to be submitted

Article 6. Management, use, settlement of funds and reporting system.

1. The sources of funds for the National Target Program on Crime Prevention and Control shall be managed, used, and settled according to the provisions of the State Budget Law; the Accounting Law and other guiding documents implementing these Laws. Agencies and units using the Program's funds must open accounting accounts to record, account for, and settle the Program's funds in accordance with the prescribed regulations.

2. Annually, Ministries, central agencies, and localities participating in projects and Programs shall prepare final settlement reports on the implementation of funds, consolidate them into the annual budget settlement report and project completion settlement report, and send them to the leading agency of the project, the Program management agency (as stipulated in Decision No. 1217/QĐ-TTg dated September 6, 2012).

3. For projects utilizing legally raised funds from other sources: Implementation shall follow the provisions of the funding sponsor in the funding agreements, or as specified by the sponsor's representative, the Ministry of Finance, and the project's supervising agency.

In cases where the sponsor, the sponsor's representative, or the Ministry of Finance does not specify, implementation shall follow the provisions of this Circular.

4. Reporting System.

a) Heads of Ministries, central agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities participating in the Program shall have the responsibility to submit periodic six-monthly, annual, mid-term, and final reports on financial status and results of Project and Program implementation to the Program management agency (Ministry of Public Security), the Ministry of Finance, and the Ministry of Planning and Investment.

b) The leading agency of the project shall have the responsibility to monitor, inspect, supervise, compile, and evaluate the situation and results of the projects under its management and submit periodic six-monthly, annual, mid-term, and final reports to the Program management agency (Ministry of Public Security).

c) The Ministry of Public Security - the Program management agency for the National Target Program on Crime Prevention and Control shall be responsible for inspecting, supervising, compiling data, and reporting on the implementation of projects, objectives, and contents of the Program, as well as the management and use of Program funds, to the Prime Minister and the Government Steering Committee for Crime Prevention and Control in accordance with the regulations.

Article 7. Implementation organization.

1. This Joint Circular shall take effect from September 1, 2014.

2. Repeal Joint Circular No. 61/1999/TTLB-BTC-BCA dated June 3, 1999 of the Ministry of Finance and the Ministry of Public Security guiding the management and use of funds for the National Program on Crime Prevention and Control.

3. Any difficulties encountered during implementation should be reported to the Ministry of Finance and the Ministry of Public Security for joint research and resolution./.