Joint Circular No. 96/2005/TTLT/BTC-BCA amending and supplementing certain points of Joint Circular No. 05/2001/TTLT-BTC-BCA dated January 16, 2001 guiding the implementation of Decision No. 31/2000/QĐ-TTg dated March 2, 2000 of the Prime Minister on the establishment of the Anti-Drug Fund.

JOINT CIRCULAR

Amending and supplementing some points of Circular Joint Circular No. 05/2001/TTLT-BTC-BCA

dated January 16, 2001 guiding the implementation of Decision No. 31/2000/QĐ-TTg

dated March 2, 2000 of the Prime Minister on the establishment

of the Drug Prevention Fund

Pursuant to Decision No. 114/2004/QĐ-TTg dated June 24, 2004 amending and supplementing some provisions of Decision No. 31/2000/QĐ-TTg dated March 2, 2000 of the Prime Minister on the establishment of the Drug Prevention Fund;

Pursuant to Decree No. 103/2002/NĐ-CP dated December 17, 2002 of the Government stipulating compensation and assistance for individuals, families, organizations, agencies participating in drug prevention and control who suffer losses to life, health, property; Decree No. 04/2003/NĐ-CP dated January 16, 2003 of the Government stipulating rewards for individuals, families, agencies, organizations with achievements in drug prevention and control;

The Ministry of Finance and the Ministry of Public Security guide the amendment and supplementation of some points of Joint Circular No. 05/2001/TTLT-BTC-BCA dated January 16, 2001 of the Ministry of Finance and the Ministry of Public Security guiding the implementation of Decision No. 31/2000/QĐ-TTg dated March 2, 2000 of the Prime Minister on the establishment of the Drug Prevention Fund (hereinafter referred to as Circular No. 05) as follows:

I. REGARDING THE CONTENT OF AMENDMENTS

1. Amend and supplement Point 2.1, 2.2, Clause 2, Section A, Part II, Circular No. 05 as follows:

"2.1. The amount of money collected from drug-related cases adjudicated by courts at all levels. When the Judgment, Decision becomes effective, it shall be divided as follows:

a) Deduct 30% to support and reward units and individuals directly involved in detecting and investigating the case;

b) Deduct 60%, transfer to the Account of the Provincial Drug Prevention Fund where the court has adjudicated the case;

c) Deduct 10%, transfer to the Central Drug Prevention Fund Account.";

2. Amend and supplement Clause 1, 2, Section B, Part II of Circular No. 05 as follows:

"1. Supporting and rewarding units and individuals directly involved in detecting and investigating the case:

The amount of 30% to support and reward units and individuals directly involved in detecting and investigating drug-related cases as stipulated in Point 2.1, Clause 2, Section A above is considered as 100% and shall be allocated and used as follows:

a) Deduct 60% to reward collectives and individuals with outstanding achievements directly involved in detecting and investigating the case.

The Chairman of the People's Committee of provinces and centrally governed cities (hereinafter collectively referred to as the Chairman of the Provincial People's Committee) shall specify the specific reward amounts for organizations and individuals with achievements within the scope of the reward funds. The maximum reward for an individual is: 1,000,000 (one million) VND per case and for a collective is: 15,000,000 (fifteen million) VND per case.

Based on the regulations of the Chairman of the Provincial People's Committee, the head of the main investigative agency handling the case shall coordinate with the agency that discovered the lead of the case to examine the distribution of the extracted reward funds to units and individuals with achievements in a transparent, democratic, and fair manner depending on the complexity of the case, the number of people and units involved, and the time spent investigating the case.

If the remaining amount exceeds the reward level specified by the Chairman of the Provincial People's Committee, the head of the main investigative agency handling the case may transfer this excess amount to strengthen the purchase of assets and equipment directly serving the fight against drugs.

b) Deduct 40% to purchase essential equipment and means directly serving the fight against drugs of the main investigative agency handling the case;

The purchase of essential equipment and means directly serving the fight against drugs of the unit shall be carried out in accordance with current regulations and provisions.

2. The local drug prevention fund shall be used as follows:

a) To support units directly fighting against drugs in purchasing equipment and means directly serving the fight against drugs;

b) To assist in compensating and subsidizing losses according to the decisions of authorized persons from provincial level downwards in the locality for individuals, families, organizations, agencies participating in drug prevention and control who suffer losses to life, health, property, including foreign individuals and organizations residing and operating in Vietnam (except in cases where international treaties related to Vietnam have different provisions, which shall be applied according to those treaties) as stipulated in Decree No. 103/2002/NĐ-CP dated December 17, 2002 of the Government stipulating compensation and assistance for individuals, families, organizations, agencies participating in drug prevention and control who suffer losses to life, health, property;

c) To assist in rewarding according to the decisions of authorized persons for units and individuals with outstanding achievements in drug prevention and control as stipulated in Decree No. 04/2003/NĐ-CP dated January 16, 2003 of the Government stipulating rewards for individuals, families, agencies, organizations with achievements in drug prevention and control;

d) For units investigating, discovering, and handling major and serious cases that take a lot of time and effort but do not recover any evidence, property, or money, the Chairman of the Provincial People's Committee shall decide on rewards based on the nature of each case for units and individuals with outstanding achievements in detecting, investigating, and handling the case. The maximum reward for an individual is not more than 1,000,000 (one million) VND per person per case and for a collective is 15,000,000 (fifteen million) VND per case;

đ) To support the eradication and replacement of narcotic plants; organizing drug rehabilitation; propaganda and other activities for drug prevention and control. The level of support shall be decided by the Chairman of the Provincial People's Committee based on current financial expenditure standards, the nature of the work, and the capacity of the Drug Prevention Fund.

e) To support propaganda and other activities for drug prevention and control in the province.

In cases where provinces and centrally governed cities have not yet established a drug prevention and control fund according to Decision No. 31/2000/QĐ-TTg dated March 2, 2000 of the Government Chairman, or if the drug prevention and control fund of the province or centrally governed city is insufficient to cover the aforementioned expenditure items, the Department of Finance shall take the lead, coordinate with relevant agencies and units, and balance local budget sources to submit to the Chairman of the Provincial People's Committee for a decision on payment;

3. The central drug prevention and control fund shall be used as follows:

a) To support urgent and important tasks related to drug prevention and control involving multiple provinces and centrally governed cities, as decided by the Chairman of the National Steering Committee for HIV/AIDS Prevention and Control, Drug Prevention and Control, and Prostitution Prevention and Control (including support for investigation, prosecution, and trial of key and particularly serious cases; anti-drug propaganda campaigns and crackdowns on drug-related crimes and social evils; eradication of opium poppy cultivation involving multiple provinces and centrally governed cities);

b) To compensate for losses according to the decisions of competent authorities under the Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, the Ministry of Defense, and the Ministry of Finance for individuals and organizations participating in drug prevention and control who suffer losses to life, health, and property as stipulated in Decree No. 103/2002/NĐ-CP dated December 17, 2002 of the Government and other guiding legal documents implementing this Decree;

c) To provide rewards according to Decree No. 04/2003/NĐ-CP dated January 16, 2003 of the Government regarding rewards for individuals, families, agencies, and organizations that have made achievements in drug prevention and control;

d) Other expenditures;

In cases where the central drug prevention and control fund is insufficient to cover the aforementioned expenditure items in a given year, the agency or unit responsible for the expenditure must base its actions on the budgetary system and approved budget estimates provided by the competent authority to ensure coverage.

II. IMPLEMENTATION PROVISIONS

This Circular takes effect fifteen days from the date of publication in the Official Gazette. Any difficulties encountered during implementation should be reported to the Ministry of Finance and the Ministry of Public Security for timely study and resolution./.