Circular 70/2010/tt-Btc: The Guide Cites Establish, Manage And Use Funds, Commended By Decree 42/2010/nd-Cp Detailing, Emulating Law Enforcement Awards

Original Language Title: Thông tư 71/2011/TT-BTC: Hướng dẫn việc trích lập, quản lý và sử dụng quỹ thi đua, khen thưởng theo nghị định 42/2010/NĐ-CP quy định chi tiết thi hành luật thi đua, khen thưởng

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Pursuant to the law on State budget;

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. 42/2010/ND-CP dated 15 April 2010 the Government detailing the implementation of a number of articles of the law on competition, reward;

After the reunification with the Interior Ministry, the Ministry of finance instructed the quote up and use the Funds to emulate, reward was established by Decree No. 42/2010/ND-CP dated 15 April 2010 the Government detailing the implementation of a number of articles of the law on competition, which rewarded as follows: article 1. The object and scope of this circular guides the excerpt creation, management and use of Funds, commended in: 1. the ministries, ministerial agencies, government agencies, Congressional offices, the Office of the President, the Supreme People's Procuratorate, the Supreme People's Court, the State Audit and estimation units units directly under public career.

2. the people's committees of provinces and cities under central; The people's Committee of the County, district, town, city in the province; Communal people's Committee, Ward, (hereinafter referred to as the people's committees of all levels); The Office of the people's Council; The people's Committee Office; the specialized agencies in the people's committees of all levels.

3. the political organization, the social-political organization, social-political organization-career, social organization, social-professional organization levels and units directly under estimation.

4. limited liability company a member owned by the State, enterprises, foreign-invested enterprises in the economic sectors; Cooperative agriculture, forestry, fisheries, handicraft, transport cooperatives, cooperative building, cooperative fishing, salt and in other areas.

Article 2. Management principles, using emulation, reward Fund.

1. The Heads of agency level would reward decisions, the level which is responsible for spending the bonus from the bonus resources due to his management level.

The collective, individual Ministry, departments, Central, local unions are prime, the President decided to reward the ministries, departments, local unions, which are responsible for quoting in funds, commended the Agency's unit, to rewards and the genus accounting expenditure items.

2. Funds, reward must be used for your purposes, publicity and transparency.

Article 3. Sources and levels of extract of reward, emulation Fund 1. The Fund Awards, emulation of ministries, ministerial agencies, government agencies, Congressional offices, the Office of the President, the Supreme People's Court, the Supreme People's Procuratorate, the State Auditor and the unit directly under estimation: a) the source form:-State budget Sources;

-Source contribution of personal, domestic, foreign organizations for the purpose of emulating, reward;

-Other legal revenues (if any).

b) level quoted:-every year, based on estimated State budget has been assigned authority; based on the total salary funds according to the ranks of officers, civil servants, public employees in payroll and wages was a year of the number of contract workers paid in payroll due to State regulation (not including salary, wages of business units themselves guarantee the entire cost of the operation); based on the source of contributions of individuals, organizations, foreign countries for the purpose of emulating, reward; another legitimate source of revenue; the results of the Fund, rewarding years ago and expected the total reward spending current year; ministries, ministerial agencies, government agencies, the Supreme People's Court, the Supreme People's Procuratorate, the State audit performed to extract funds emulate, reward from the State budget to a maximum of 20% of the total Funds held, salary scales or levels of functions of officers , public servants in payroll and wages was a year above.

-Based on total extract of reward, emulation Foundation; the base demand emulation, commended his agency and the estimation units; The superior Agency Heads decided to Fund level emulation, rewarded for his level and units directly under the estimates accordingly.

2. The Fund, commended the level of province, district level, social level: a) the source form:-State budget Sources;

-Source contribution of personal, domestic, foreign organizations for the purpose of emulating, reward;

-Other legal revenues (if any).

b) excerpt: Level estimation based on the State budget and the level of extracted funds emulate, reward prescribed in clause 2 Article 67 of Decree 42/2010/ND-CP on 15/4/2010 of the Government detailing the implementation of a number of articles of the law on competition, reward and the revised Law supplementing a number of articles of the law on competition, reward; on the basis of the individual's contribution of resources, organizations in foreign countries, for purposes of competition, reward; another legitimate source of revenue; the results of the Fund, rewarding years ago and expected the total reward spending current year; The people's Committee, the local level the same level people's Council decided the rate quoted Fund, commended in the annual budget estimates. Maximum levels of extract from State budget sources equal to 1.0% of regular budget expenditure for each budget levels in the Delta, the city and the level of 1.5% the maximum quoted chi regular budget for every budget level in the mountainous province, Midlands, Highlands, outlying areas.

-According to the situation of emulation, rewarded years ago and anticipated in the plan; Chairman of people's Committee decision levels the levels of extract of reward, emulation of Fund units directly under estimation.

-In deciding the Affairs of the estimation of the people's Committee Chairman for the estimation units subordinated to note clearly the level of extracted Funds emulate, rewarded.

3. The Fund, commended the political organization, the Central Committee of the Fatherland Front and social-political institutions: a) the source form:-State budget Sources;

-Source contribution of personal, domestic, foreign organizations for the purpose of emulating, reward:-other legal revenues (if any).

b) level quote: every year, based on the nature of activity peculiarities; budget estimation base has been authorized; on the basis of the individual's contribution of resources, organizations in foreign countries, for purposes of competition, reward; another legitimate source of revenue; the results of base Funds, commended the year before and expected total extract of the Foundation, commended the current year; the political organization, the Central Committee of the Vietnam Fatherland Front and the social-political organization expected the number of quoted Funds emulate, reward and synthesis along with a projected allocation of the estimation of financial evaluation Agency, sent to unify the level of extracted Funds emulate, rewarded in years.

Based on funding levels layout emulation funds, reward, the political organization and socio-political organizations allocate Funds to emulate, rewarded for their management level and for the units directly under the estimates accordingly.

4. The social-political organization-career, social organization, social-professional organization (collectively referred to as the Assembly) to decide the level of extract of reward emulation Base Fund the financial capacity of the Organization and from the contributions of individuals, organizations, foreign countries, from the legitimate source of revenue.

Particularly for the specific society according to decision No. 68/2009/QD-TTg dated 1/11/2010 of the Prime Minister on the Council regulation have specific properties; extract the maximum level to reward from State budget sources do not exceed 20% of the total Funds held, salary scales of the payroll number was delivered.

5. With regard to the unit's public career: a) to the public unit itself ensuring the full costs of operations: emulation, reward Fund was established under the financial regime applicable to business units and from the donations of organizations individual, for the purpose of emulating, rewarded (if any).

b) for a public career unit self insure part of regular operations costs and public business units due to the State budget guarantees the full costs of operations: emulation, reward Fund was created from the source budget estimation by the State governing body level on delivery; from the larger expenses and income disparity from the donations of organizations and individuals, for the purpose of emulating, rewarded (if any).

6. for a limited liability company members by State owned enterprises, foreign-invested enterprises in the economic sectors; agricultural cooperative, lậm, fisheries, handicraft, transport cooperatives, cooperative building, cooperative fishing, salt and in other sectors: a) for cooperative agriculture, forestry, fisheries, handicraft, transport cooperatives, cooperative building, cooperative fisheries salt, and in other areas, the extract of reward, emulation Fund be made according to the provisions of the Cooperatives Act and Decree No. 42/2010/ND-CP, in particular:-the Fund emulation, rewarded by the cooperative rules and staff regulations Township Congress consistent with the specific conditions of each cooperative; specific rate quote establishment by Congress of Vienna Township.

-Source quote: according to the provisions in clause 7 to article 67 of Decree 42/2010/ND-CP.

-The purpose, method of administration and use of Funds, commended by the cooperative's cooperative Charter provisions.

b) for limited liability company a member owned by the State: The extract of reward, emulation Fund made according to the provisions in circular 138/2009/TT-BTC on 17/9/2010 of the Ministry of finance instructed the profit distribution mode for limited liability company a member owned by the State.


c) for enterprises, foreign-invested enterprises in the economic component (except the business specified in point b of this clause): emulate Fund, commended the extracted from the source of profit and from the salary Fund. Extract levels established by the Board members/shareholders General Assembly or the Board/Board of Directors of the business decisions consistent with the regulations of the corporate law and the Charter of the enterprise.

Article 4. The content and extent of the genus emulation, rewarded.

1. Content of the genus emulation, reward: a) for printing of certificates, certificate of merit, merit, do the medals, medals, badges, medals, flags, emulation, frame the merit, certificate of merit, medals, medals, insignia.

As for the cost to print the certificate, certificate of merit, merit, do the medals, medals, badges, medals, flags, emulation, frame the merit, certificate of merit, medals, medals, badges in the form of reward by the Prime Minister and President decided to reward is spent from the budget estimates of the Ministry of the Interior (emulation-rewards Central).

b) Genus bonuses or gifts, souvenirs and products for individuals, collective;

c) spent on organization, directing the movement: the level of no more than 20% extract of reward, Foundation of each level to the following tasks:-Chi organized the meeting of the Council, commended;

-Construction, organization and deployment of the movement; genus professional training awards competition; the genus held the Conference signed the Covenant emulation; the Conference summary, summarizing, drawing experience, propaganda, praised, replicate the portraits.

-Launching the movement, commended in batches, topical, often, in the industry, field, within the agencies, organizations, ministries, local; the operation emulation, rewarding clusters, blocks; genus checks, directing, monitoring the implementation of the movement, reward.

-Some other expenses serve directly for the Organization, direction, movement.

2. Spending: a) bonus: spending made under the provisions of article 70, 71, 72, 73, 74, 75, 76 of Decree 42/2010/ND-CP on 15/4/2010 of the Government and was rounding up tens of thousands of Vietnam coins.

b) spent on printing of certificates, certificate of merit, merit, do the medals, medals, badges, medals, flags, emulation, frame the merit, certificate of merit, medals, medals, insignia under a contract with the production units.

c) Spent for staff travel to steer, check, supervise the emulation, reward; the genus held the Conference signed the Covenant emulation; the Conference summary, summarizing, drawing experience, propaganda, praised, replicate the portrait professional training, advanced emulation, reward, the meeting of the Council of the emulation done as specified in circular No. 97/2009/TT-BTC on 6/7/2010 of the Ministry of finance regulations diem genus mode, organize conferences for State agencies and business units.

Article 5. Estimating, Executive and settlement funds spent on emulation, rewarded.

1. The estimating, management, allocation and expenditure of funds settlement awards competition conducted under the provisions of the law on the State budget, accounting Laws and the documents guiding the implementation.

2. When withdrawing budgeting to extract Funds emulate, rewarded according to the level of deductions provided for in article 3 of this circular, the agency accounting unit in subsection 7764 (genus reward funds according to the prescribed regimes), section 7750 (read more).

3. The extract from budgeting to emulate Foundation, commended the five would be on an annual budget settlement that year.

4. The Fund last year, rewarded the leftovers not handled was transferred the following year to continue using for emulation, rewarded.

5. Every year, the agencies must make report Fund usage, reward and emulation in the synthesis report of the year, the unit according to the current rules.

Article 6. Implementation 1. This circular is in effect from November 8, 2011 and replaces circular No. 73/2006/TT-BTC dated 15/8/2006 of the Ministry of finance instructed the excerpt creation, management and use of Funds, commended by Decree No. 121/2005/ND-CP dated 30/9/2005 of the Government detailing and guiding the implementation of some articles of the law on competition rewards and the revised Law supplementing a number of articles of the law on competition, reward.

2. The Fund External emulation, rewards are quoted according to the instructions in this circular; the other awards made under the provisions of the current law.

3. In the process of implementing, if there are obstacles suggest that the agencies, organizations, personal reflections in time about the Ministry of finance to study, additional instructions accordingly.