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Circular No. 02/2008/tt-Btc: Guide The Establishment, Management And Use Of State Budget Funds Secured For The Work Of Crime Investigation

Original Language Title: Thông tư 02/2008/TT-BTC: Hướng dẫn việc lập dự toán, quản lý và sử dụng kinh phí ngân sách nhà nước bảo đảm cho công tác điều tra tội phạm

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CIRCULAR guide the establishment, management and use of State budget funds secured for investigating crimes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ The base of Criminal Law in 2003;                               
Pursuant to the law the people's Procuratorate held in 2002;
Basing the Ordinance No. 23/2004/PL-UBTVQH11 on 20/8/2004 on the Organization of criminal investigation;
Pursuant to Decree No. 60/2003/ND-CP dated 6/6/2003 of Government of detailed rules and guidelines for implementing the law on the State budget;
Pursuant to Decree No. 77/2003/ND-CP dated 1/7/2003 of government functions, tasks, powers and organizational structure of the Ministry of finance;
The Ministry of finance instructed the estimating, management and use of State budget funds secured for the work of crime investigation as follows: i. GENERAL PROVISIONS 1. The object and scope of implementation: this circular applies to the activities of the Criminal Investigation Department of the Prosecutor industry people as prescribed by the law.
2. Funding: funding guaranteed for crime investigation by the central budget guarantee and are arranged in genus regular budget estimates of people's Procuratorate of the levels.
II. SPECIFIC PROVISIONS 1. Contents: a/Genus diem for officers and other officers of the Prosecutor involved in the process of investigating the crime as prescribed.
b/Spend allowances for witnesses, the victim when the account was the following:-money train car from the residence to be summoned and vice versa.
-Rent of rooms (if available).
-Food.
-Offset the loss of public money during labor was summoned.
c/the examiner staff Expenditure (if any): d/spend on the empirical investigation, reconstructed the scene, identification, examination, autopsy, Organization for substance:-for those directly concerned to make and serve the experimental investigation, identity, school examination , the autopsy.
-The cost of the Organization, hire of venues, facilities and other expenses for the empirical investigation, identification, examination, autopsy.
d/spend on rent room documents, costs for translations.
e/spend on the basis of relevant information provided to the investigation activities.
g/costs in the process of searching, catch, leading the tournament accused from arrest to detention places (including food, medicines to be can-if available).
h/Chi professional training, advocacy on criminal investigation activities.
I/other expenses relating to the criminal investigation activities.
2. the specific genus Level: a/The content of the aforesaid expenditure made in the correct mode, standards, and norms of current spending, in particular as follows:-for civil servants paid from the State budget when joining the investigation, examine, capture, leads the tournament accused diem payment according to the regulations of the Minister the Supreme People's Procuracy materialize rules of the Ministry of Finance on the diem regime for administrative bodies and public business units throughout the country.
-With regard to the expenses for the assessor or assessment organisations follow the mode of training for judicial assessor.
-Spending the night work, overtime payments under current rules.
-Professional training, conferences, spending spending mode follow the current rules-for other expenses: the cost of stationery, printing materials, camera, photography, media rental service of the investigation activities ... based on the specific requirements of payment according to actual expenditure vouchers and must be competent browser prior to estimation.
b/in addition to the provisions mentioned above, this circular stipulates some expenses specific nature in the work of investigating crimes, namely:-to spend money for the witness, the victim: When the witness, the victim is summoned to the Prosecutor's authority the province, central cities genus level, must not exceed 50,000/day/person.
As for the witnesses, the victim was summoned to the Prosecutor's agencies the Hanoi and Ho Chi Minh City, costs must not exceed 60,000/day/person.
-Support fee, rent of rooms (if any) to the witness and the victim when the people's Procuracy summoned: according to the actual situation, the people's Procuratorate Director levels decided to support spending money to go back and rent of rooms (if any) to the witness and the victim but does not exceed the level of spending under the regulations of the Minister the Prosecutor workers a population, Supreme materialize the provisions of Ministry of finance regarding the work regime for administrative bodies and public business units throughout the country.
-Offset the loss of workdays for the witness, the victim is not paid from the State budget in the period was due to the people's Procuratorate granted review to decide on the basis of the average income level on the day the local economy and the level of the average income of the industry witnesses , the victim is working.
-Fostering for the support force when performing the work at the request of the people's Procuracy: spending must not exceed 50,000 VND/person/class.
-Translation: + Room writes: spending from 50,000 VND/70,000-page/page (about 300 words).
+ Room said. English translation: the level must not exceed 80,000 VND/hour/person;. Translation of ethnic or interpretation for the dumb: 25,000 VND/hour/person.
-Spent basis provide information related to the investigation activities: in range estimation was delivered, the people's Procuratorate Director levels based on the nature of inquiry investigating activities serve to decide the level of spend on the basis of the information provided and take responsibility for their decisions. "
When price fluctuations, the ability to base the budget and the actual situation of people's Procuracy Director levels specific spending provisions but does not exceed 20% of the maximum spending provisions of this circular.
3. Estimating, management and settlement guaranteed funding for crime investigation: The estimating, management and payment of funds secured criminal investigation work conducted under the provisions of the law on the State budget and the writing guide law.
III. IMPLEMENTATION of this circular effect after 15 days from the date The report. Exclusively for the 2008 people's Procuracy levels proactively arranged in the estimation of budget 2008 has been delivered by the authorized to perform.
The Central Military Procurator applied content and costs specified in this circular when conducting criminal investigation activities under the provisions of the law.
In the process, if there are obstacles, the proposal reflects on the Finance Ministry to consider additional amendments accordingly.