Circular 174/2013/ttlt-Btc: Guide Implementation Of Decision 47/2012/qd-Ttg Dated November 1, 2012 Of The Prime Minister On The Establishment, Management And Use Of Funds, Against ...

Original Language Title: Thông tư liên tịch 168/2013/TTLT-BTC-BCA: Hướng dẫn thực hiện Quyết định số 47/2012/QĐ-TTg ngày 01 tháng 11 năm 2012 của Thủ tướng Chính phủ về việc thành lập, quản lý và sử dụng Quỹ phòng, chống...

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CIRCULAR guide implementation of decision 47/2012/QD-TTg dated November 1, 2012 of the Prime Minister on the establishment, management and use of funds, fight crime _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 77/2009/ND-CP on September 15th, 2009 by government regulation functions, tasks, powers and organizational structure of the Ministry of public security;
Pursuant to decision No. 47/2012/QD-TTg dated November 1, 2012 of the Prime Minister on the establishment, management and use of Crime Prevention Fund;
The Minister of finance, Minister of Ministry of public security issued a joint circular guidelines decision No 47/2012/QD-TTg dated November 1, 2012 of the Prime Minister on the establishment, management and use of funds, the fight against crime.
Article 1. Scope, application object 1. This circular instruction work extracted setting, management and use of funds, the central crime prevention and Crime Prevention Fund in the province, central cities (known collectively as the province level) as defined in decision No 47/2012/QD-TTg dated November 1, 2012 of the Prime Minister on the establishment , management and use of funds, the fight against crime (decision 47/2012/QD-TTg).
2. This circular apply to ministries, ministerial agencies, units, local management, use of funds, fight crime and the agencies, organizations and individuals concerned.
Article 2. The levels of extract and extract of crime prevention funds 1. For the criminal, the crime of drug crime in less serious crime: after the verdict, the decision of the Court with respect to the criminal, the crime of drug crimes law takes effect, the enforcement agency or the Agency are money management Vietnam , Forex, property, facilities, exhibits, is responsible to transfer the full amount of Vietnam, of Exchange, of assets, the media, the Court declared exhibits seized in the criminal case (minus the drugs and exhibits must be destroyed under the provisions of the law) for the Department of finance where the people's Court of the first instance trial.
The Director of the financial Department of the authorization admitting the people's Committee Chairman granted the responsibility of receiving the full amount of Vietnam, foreign currency, property, exhibits, by means of the enforcement agency or the Agency is managing money Vietnam, Exchange, property, vehicles and exhibits delivered organizations selling property auctions, exhibits, media (if any) in accordance with the provisions of the law and the President of the provincial people's Committee of Vietnam money handling, Exchange and proceeds from auctioned property, exhibits, such as the following: a) 42% to fund the central crime prevention;
b) 58% for Crime Prevention Fund.
2. for the criminal, the crime of drug crimes in the kind of serious, very serious and particularly serious: after the verdict, the decision of the courts of law, the enforcement agency or the Agency is managing money, foreign currencies, Vietnam property , the media, the exhibits transferred the full amount of Vietnam, of Exchange, of assets, the media, the Court declared exhibits seized in the criminal case (minus the drugs and exhibits must be destroyed under the provisions of the law) for the Department of finance where the people's Court of the first instance trial.
The Director of the financial Department of the authorization admitting the people's Committee Chairman granted the responsibility of receiving the full amount of Vietnam, foreign currency, property, exhibits, by means of the enforcement agency or the Agency is managing money Vietnam, Exchange, property, vehicles and exhibits delivered organizations selling property auctions, exhibits, media (if any) in accordance with the provisions of the law and the President of the provincial people's Committee to handle the amount of Vietnam, foreign currency and proceeds from auctioned property, exhibits, such as the following: a) 30% to the direct investigation discover , accepting the criminal case on main to reward individual units directly detect, catch and the investigation, prosecution, hearing the case under the provisions in article 6 of this circular;
b) Extract 40%, move to fund the central crime prevention;
c) Extract 40%, move into funds, provincial criminal courts, where the trial of first instance.
Article 3. Sources of formation of funds, fight crime 1. As for the funds, the central crime prevention: a) the number of excerpts (42%) specified in point a, paragraph 1 article 2 of extract (30%) specified in point b, item 2 article 2 and of extract (42%) specified in point a, item 2 article 6 of this circular; b) the grants of institutions, individuals and foreign countries specified in clause 1 5 of this circular Thing; c) The mobilization of other legitimate (if any) prescribed by the law.
2. for funds, provincial crime prevention: a) the number of excerpts (58%) specified in point b of paragraph 1, article 2, of extract (40%) specified in point c, paragraph 2 and article 2 of extract (58%) specified in point b, item 2 article 6 of this circular; b) the grants of the Foundation individuals in the country and foreign countries specified in clause 1 5 of this circular;
c) the mobilization of other legitimate (if any) prescribed by the law.
Article 4. Management Agency, operating funds, fight crime 1. The Minister of public security management, operating funds, the central crime.
Chief standing room, fight crime and drugs The police help the Minister of public security, management, tracking and payment, settlement funds, the Central fight crime as prescribed in this circular.
2. The Chairman of the provincial people's Committee of management, operating funds the provincial crime prevention.
The Director of the financial Department of the province, the city in Central People's Committee Chairman helps level the establishment of Crime Prevention Fund provincial and tracking, management, and payment, settlement funds, provincial crime prevention under the provisions of this circular.
3. Permanent Chief, crime and drugs, the Director of the financial Department of the province, central cities are authorized to open an account at the State Treasury (where the unit headquarters) to manage and track the currency, Crime Prevention Fund.
Article 5. To receive, administer, use the grants 1. The grants of personal, domestic and foreign institutions for the prevention of crime; drug prevention by means of money, property and other legitimate sources if there are specific address then moved under that address individual, sponsoring organization specifies in accordance with current law, if there is no specific address then moved to Fund the central crime prevention.
2. Permanent Chief, crime and drugs, Ministry of public security is responsible for receiving these grants for crime prevention work; drug prevention in Central (including the grants do not have to specifically address the prevention, fight crime; drug prevention). If a monetary exchange, Vietnam shall directly accept and submit to the Fund accounts, the central crime, if in kind then set the minutes delivered, received, reports to the Minister of public safety decisions.
3. The Director of the financial Department of the province, the city of centrally responsible for receiving the donations of organizations and individuals, for the prevention of crime; Prevention of local drug, if Vietnam with money exchange, then directly receive and pay into the account funds, provincial crime prevention, if in-kind then set the minutes delivered, received, report the people's Committee Chairman issued the decision.
The case of the types of equipment, means of receiving from the aforementioned sources suits equipped, operation of the work unit to fight crime prevention; drug prevention, then a permanent Chief of the crime prevention and public safety Ministry drug Department of Finance Director or the province, the city of centrally hosted perform revaluation of assets and the standard bases and norms of armed Ministry of public security, the Ministry of defence, the Ministry of finance to do the work of struggle in the room crime prevention; drug prevention to the Minister of public safety or people's Committee Chairman issued the decision to commit the type of equipment, means that for the unit working on fight crime prevention; drug prevention, and autumn records procedures for State budget, ceasing to be delivered according to the value of the property has to be appreciated again. The units receiving the equipment, the media have a responsibility to open the Windows to track and manage, use the property to be granted according to the regulations of the State of management, use of public property.
The case of the type of property, receiving media from the above sources do not match the crime prevention activities; drug prevention, then a permanent Chief, crime and drug prevention Ministry of public security reported to the Minister of public security, the Director of the financial Department of the province of the central cities, reported the people's Committee Chairman, central cities to organize auction pursuant to the law. The proceeds after deduction of reasonable expenses under the provisions of the law of property auction (if any), transfer to the account funds, the central crime prevention or Crime Prevention Fund provincial, simultaneously recording procedures for State budget revenue and expenditure records for funds This amount of crime prevention.
Article 6. Management and use of funds was rewarded (defined in art. 2 article 2 to this circular)

1. The base amount to Vietnam, foreign exchange, money, property auction, exhibits the current regulations on auctioning the assets (if any) obtained from the criminal cases of serious crimes, very serious, particularly severe in the province, central cities , Chairman of the provincial people's Committee decided to extract 30% (specified in point a, paragraph 2 article 2 to this circular) to reward the individual divisions directly catch, detection, investigation, prosecution, hearing criminal cases of serious crimes, very serious Special, serious and about drugs prescribed by the Prime Minister in clause 1, article 4 of decision 47/2012/QĐ-TTg. Rate specific to each collective, individual achievements by the people's Committee Chairman issued the decision, according to the maximum bonus level for individuals is 5,000,000 VND/person/case and for collective is 30,000,000 VND/can/case.
To base the decision of the Chairman of the provincial people's Committee, heads of investigation discovery, accepting the Administration's case to host, in cooperation with the Agency discovered clues of the case considering the rewards for individual units.
2. Once done the personal and collective reward as specified in paragraph 1 of this article, the remaining amount (if any) are considered to be 100%, the Director of the financial Department of the province of the central cities, reported the people's Committee Chairman, central cities as follows : a) 42%, move to fund the central crime prevention;
b) 58%, move into funds, provincial crime prevention, where the people's Court of the first instance trial.
Article 7. The content, the level of Crime Prevention Funds spent 1. As for the funds, the central crime prevention: a) active support access scans the tape, the drive, the crime group, the sale, transport, possession, unauthorized use of the drug substance; support the activities of the investigation, prosecution, hearing the case, key points according to the decision of the authorized content, the level of spending under the Minister of public security, the Minister of national defence, the Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate on the work of the investigation , prosecution, hearing the case, key points.
b) support the bonus according to the decision of the central authorities levels for individuals, families, agencies, organizations that have outstanding achievements in crime prevention work; drug prevention as follows:-support the prizes for individuals, families, agencies, organizations that have outstanding achievements in the prevention, fight crime, drug prevention should ensure the achievement of the reward to support it; achievements in difficult conditions and have increasing influence was considered, recommendations to support higher level with bonus; support small personal and collective rewards.
Personal management agencies, families, agencies, organizations that have outstanding achievements in crime prevention work; drug prevention is the clue to profile support recommended bonus for the objects in the scope of management.
To avoid duplication, inconsistency of objects are rewards and bonus levels in support rewarded with money from the Fund to the central crime prevention, Ministry of public security (Fund management body, the central crime) must coordinate with localities where there are individuals, the recommended support collective prizes.
-Support level bonus specifically for each individual exercise by the Minister of public safety decides the maximum for individuals is 3,000,000 đồng per person/times and maximum reward for 15,000,000 is collective/collective/times rewarded.
c) compensatory support, grants damages according to the decision of the authority in the Central for the objects directly involved in crime prevention; drug prevention of damage to life, health, asset follow the level specified in circular No. 03/2004/TTLT-BTC-BLDTBXH-BCA-BQP on 06/6/2005 of the Ministry of public security, the Ministry of finance, Ministry of labor, invalids and Social Affairs, the Department of Defense instructions made a score of Decree No. 103/2002/ND-CP dated December 17, 2002 the Government's compensation mode allowances for individuals, families, agencies, participating organizations, drug damage on life, health, property.
d) supports research activities, the application of detoxification, rehabilitation for drug addicts. Genus level implemented as specified in circular No. 44/2007/TTLT-BTC-BKHCN on 7/5/2007 of the Ministry of finance, the Ministry of science and technology of building norms and allocate the funding estimates for the subject, scientific and technology projects using the State budget and the mode according to the regulations of the Ministry of health and Ministry of labor, invalids and Society.
2. for funds, provincial crime prevention: a) supports the unit directly fight crime prevention; drug prevention on the shopping site, professional technical equipment serving directly the work fighting crime prevention; drug prevention. Content and level of support by the people's Committee Chairman granted the province based on the standards and norms and the status of the payroll, equipment of the unit directly fight crime prevention; provincial drug prevention to decide.
Shopping page types, professional technical equipment from domestic funds, provincial crime prevention done in the correct order, the current rules of procedure State procurement and procurement of State property.
b) support for relatives who have sacrificed (including spouse, father, mother, child, adopted child, foster people under the rule of law), the injury, sickness caused by directly involved in fighting crime prevention; drug prevention. Maximum support level by 10 (ten) months base salary, applicable to administrative agencies.
c) supports the work of breaking down and replace the trees containing drug substances in the discretion of the authority, including:-support the forces directly involved in breaking down the drug-containing plants grow wild or cultivated illegally: levels of support based on the number of inhabitants, the number of actual participants , the Agency chaired the breaking down of trees containing drug substances grows wild or cultivated illegally made support for those not paid from the State budget: the maximum level of support 250,000/day/person; those paid from the State budget: implementation support level as specified in circular No. 98/2010/TT-BTC dated 6/7/2010 of the Ministry of finance regulations, charges expenditure mode work organizing conferences for State agencies and business units.
To avoid duplicate spending, the Agency chaired the breaking down of trees containing drug substances notified in writing (in paper invitations, summons) for the Agency, unit election participants delete the drug-containing crops do not have to pay this expense.
-Support the replacement of the tree that contains the drug substance: the support level by the President of the people's Provincial Committee of practical bases of each locality, the area planted in local alternative and the ability of Crime Prevention Funds to grant the province to decide.
d) support activities of the propaganda campaign of crime prevention; drug prevention on the area, including: editorial, releases, write articles propagating the party's policies, the State's law on the prevention of crime prevention; drug prevention; the meeting Organization, founding member along with old propaganda, head of a household to each call, relatives are criminals wanted the fun to enjoy clemency policy of the party and the State, lobbying, advocacy, child line, they do not violate the law , do not join the shipping line, purchasing and storing, unauthorized use of drugs on these key areas, the complexity of crime and drugs. Content support, the support level due to the people's Committee Chairman granted the province pursuant to the nature, scale, scope, level of implementation of the campaign mode, standard, financial costs and the ability of current funds, provincial crime prevention to decide.
DD) support the prizes for individuals, families, agencies, organizations that have outstanding achievements in the prevention, fight crime, drug prevention should ensure the achievement of the reward to support it; achievements in difficult conditions and have increasing influence was considered, recommendations to support higher level with bonus; support small personal and collective rewards.
Personal management agencies, families, agencies, organizations that have outstanding achievements in crime prevention work; drug prevention is the clue to profile support recommended bonus for the objects in the scope of management.
-Support level bonus specific to each individual, collective led by the people's Committee Chairman granted the maximum decision for individuals is 3,000,000 đồng per person/times commended and for collective is 15,000,000 VND/collective/times rewarded.
e) compensatory support, grants damages at the discretion of the local authority for the objects directly involved in crime prevention; drug prevention of damage to life, health, asset follow the level specified in circular No. 03/2004/TTLT-BTC-BLDTBXH-BCA-BQP on 06/6/2005 of the Ministry of public security, the Ministry of finance, Ministry of labor, invalids and Social Affairs, the Department of Defense instructions made a score of Decree 114/2002/ND-CP dated December 17, 2002 the Government's compensation mode allowances for individuals, families, agencies, participating organizations, drug damage on life, health, property.
Article 8. Estimating, settlement, inspected, examined the Crime Prevention Foundation 1. Set up estimation: When there is demand for funds, fight crime, ministries, central agencies, subdivisions, the Agency directly under the province level content base genus, the genus level prescribed in article 7 of this circular estimating spending Funds to send public security Ministry (for funds, the central crime) or the provincial people's Committee the city, centrally (for funds, provincial crime prevention).

Real number in the range of available funds, fight crime, the Minister of public safety (for funds, the central crime prevention), Chairman of the provincial people's Committee (for funds, provincial crime prevention) review, approval and the specific content of each decision, the total level of expenditure estimates reported to the Chief standing room crime and drug prevention, Ministry of public security or the Director of the financial Department of the province, the city of centrally implemented, the Ministry of finance and State Treasury (where crime prevention Fund account opening) to track General Manager, according to the current rules on the management of the State budget.
2. Settlement funds, fight crime: a) the ministries, central agencies and the agencies, units of the central cities, when receiving, use funds, fight crime must open accounting books to track revenues, funds and Fund settlement plan in accordance with the provisions of the law on the State budget; create and send full, timely financial reports on the use of Funds periodically and report 6 months, annually on fund management body, the central crime prevention or management of agency funds, provincial crime prevention;
b) Chief standing room, fight crime and the Ministry of public security established drug report currency, crime prevention funds the central process of the Minister of public safety approval and data report of Crime Prevention Funds to grant the 6-month recurring, annual , or the sudden demand of the Prime Minister, the Ministry of finance to General management, tracking;
c) Director of the Department of Finance of the province of the central cities, reporting and settlement currency, Crime Prevention Fund of the province, the Chairman of the provincial people's Committee approved and sent the Ministry of public security under six months, annual, or one-time request of the Minister of public security to report general Prime , the Ministry of finance submitted to the track, the General Manager.
The heads of the agencies and units to use and fund management, crime levels are responsible before the law about the legitimacy and accuracy of the data in the management, use and report crime prevention Fund.
3. The balance funds, fight crime, funding agencies, support unit from funds, crime (including at Central and provincial level) last year has not yet used up was transferred the following year to continue using.
4. Crime Prevention Fund (Central and provincial level) is subject to the inspection, testing, monitoring and auditing of the Ministry of public security and the State Agency has the authority under the provisions of the law on the management of the State budget.
Article 9. Terms of implementation 1. This circular effect since January 1, 2014. Abolish circular No. 144/2008/TTLT-BTC on 16/7/2009 management mode instructions and use drug prevention Fund as defined in decision No 110/2008/QD-TTg dated 13/8/2008 by the Prime Minister on the establishment, management and use of funds, the fight against drugs.
2. The Fund balance of the central drug prevention was added to funds, the central crime, Fund balances, provincial anti-drug was added to funds, provincial crime prevention to continue to use under the provisions of this circular.
In the process if there are obstacles, the proposal reflects on the Ministry of finance, the Ministry of public security to coordinate research, resolve./.