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

AMENDMENTS AND SUPPLEMENTS TO CERTAIN POINTS OF THE JOINT CIRCULAR NO. 05/2001/TTLT-BTC-BCA DATED JANUARY 16, 2001 GUIDING THE IMPLEMENTATION OF DECISION NO. 31/2000/QD-TTg DATED MARCH 2, 2000 OF THE PRIME MINISTER ON THE ESTABLISHMENT OF THE DRUG PREVENTION AND CONTROL FUND

Pursuant to Decision No. 114/2004/QD-TTg dated June 24, 2004 on amending and supplementing certain points of Decision No. 31/2000/QD-TTg dated March 2, 2000 of the Prime Minister on the establishment of the Drug Prevention and Control Fund;
Pursuant to Decree No. 103/2002/ND-CP dated December 17, 2002 of the Government stipulating compensation and assistance for individuals, families, organizations, and agencies participating in drug prevention and control and suffering losses to life, health, and property; Decree No. 04/2003/ND-CP dated January 16, 2003 of the Government stipulating rewards for individuals, families, agencies, and organizations with outstanding achievements in drug prevention and control;
The Ministry of Finance and the Ministry of Public Security guide the amendments and supplements to certain 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/QD-TTg dated March 2, 2000 of the Prime Minister on the establishment of the Drug Prevention and Control Fund (hereinafter referred to as Circular No. 05) as follows:

I. REGARDING THE CONTENT OF AMENDMENTS

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

"2.1. The amount of money obtained from drug-related cases adjudicated by courts at all levels. When the Judgment or Decision becomes legally effective, it shall be distributed 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 Drug Prevention and Control Fund of the province or centrally-administered city where the court adjudicated the case;

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

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

“ 1. Support and reward for units and individuals directly involved in detecting and investigating the case:

The amount of 30% for supporting and rewarding 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 100% and shall be allocated and utilized 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 the province or centrally-administered city (hereinafter collectively referred to as the Chairman of the Provincial People's Committee) shall specify the specific reward amounts for organizations and individuals with outstanding achievements within the scope of the reward funds available. The maximum reward amount 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 provisions of the Chairman of the Provincial People's Committee, the head of the investigative agency primarily responsible for the case shall coordinate with the agency that initially discovered the case to review the distribution of the reward funds to units and individuals with outstanding 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 reward funds allocated according to the level specified by the Chairman of the Provincial People's Committee remain surplus, the head of the investigative agency primarily responsible for the case may transfer these funds to strengthen the purchase of assets, equipment, and supplies directly serving the fight against drugs.

b) Deduct 40% to purchase essential equipment and supplies directly serving the fight against drugs by the investigative agency primarily responsible for the case;

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

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

a) To support units directly engaged in preventing and controlling drugs in purchasing equipment and supplies directly serving their work;

b) To partially cover compensation and assistance expenses for individuals, families, organizations, and agencies, including foreign individuals and organizations residing or operating in Vietnam (except in cases where international treaties to which Vietnam is a party provide otherwise), when participating in drug prevention and control activities and suffering losses to life, health, and property, as stipulated in Decree No. 103/2002/ND-CP dated December 17, 2002 of the Government on the system of compensation and assistance for individuals, families, organizations, and agencies participating in drug prevention and control and suffering losses to life, health, and property;

c) To partially cover reward expenses for units and individuals with outstanding achievements in drug prevention and control activities, as stipulated in Decree No. 04/2003/ND-CP dated January 16, 2003 of the Government on rewards for individuals, families, agencies, and organizations with outstanding achievements in drug prevention and control;

d) For investigative units handling major and serious cases that require significant time and effort but do not recover any contraband, 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 amount shall not exceed 1,000,000 (one million) VND per person per case for individuals and 15,000,000 (fifteen million) VND per case for collectives;

đ) To support eradication and replacement of narcotic plant cultivation; organizing drug rehabilitation; and other activities related to 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 and Control Fund.

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

In cases where provinces and centrally governed cities have not 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 provinces and centrally governed cities is insufficient to cover the aforementioned expenses, 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 critical drug prevention and control activities 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 (including support for investigation, prosecution, and trial of key and particularly serious cases; anti-drug campaigns and crackdowns; eradication of opium poppy cultivation involving multiple provinces and centrally governed cities);

b) To compensate and provide assistance to individuals and entities affected by drug prevention and control efforts, as determined by competent authorities of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security, the Ministry of Defense, and the Ministry of Finance, in accordance with Decree No. 103/2002/NĐ-CP dated December 17, 2002 of the Government and other guiding legal documents implementing this Decree;

c) To award commendations in accordance with Decree No. 04/2003/NĐ-CP dated January 16, 2003 of the Government regarding commendations 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 expenses in a given year, the agency or unit responsible for the expenditure must rely 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.

Place of Receipt:
- National Assembly Office;
- President's Office;
- Government Office;
- Supreme People's Procuracy;
- Supreme People's Court;
- Members of the National Steering Committee for HIV/AIDS Prevention and Control and Drug Prevention and Control, Prostitution Prevention;
- Ministries, agencies equivalent to ministries, and government agencies;
- People's Committees of provinces and centrally governed cities;
- Public Security Departments, Departments of Finance, and Departments of Planning and Investment of provinces and centrally governed cities;
under the Central Government;
- Official Gazette;
- Department of Legal Document Inspection, Ministry of Justice;
- To be filed: + Ministry of Finance (VT, VI, NSNN, PC, HCSN);
+ Ministry of Public Security (V11, V22, VPTTPCMT).