Quyết định 215/1999/QD-TTg

DECISION

ON THE ISSUE OF THE PROVISIONAL REGULATION ON FINANCIAL MANAGEMENT IN SEARCH AND RESCUE OPERATIONS

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;
At the proposals of the Chairman of the National Committee for search and rescue operations in the air and on the sea and the Minister of Defense,

DECIDES:

Article 1.- To issue together with this Decision the provisional Regulation on financial management in search and rescue operations.

Article 2.- This Decision takes effect from the date of its signing.

Article 3.- The ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities and the Chairman of the National Committee for search and rescue operations in the air and on the sea shall have to implement this Decision.

PROVISIONAL REGULATION

ON FINANCIAL MANAGEMENT IN SEARCH AND RESCUE OPERATIONS
(Issued together with Decision No. 215/1999/QD-TTg of November 3, 1999 of the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1.- The State assures expenditures for search and rescue operations with sources from the central budget and provincial budgets.

Article 2.- Expenditures for search and rescue operations comprise:

1. Expenditures for regular professional activities of the National Search and Rescue Committee, the permanent specialized search and rescue agencies and the localities.

2. Expenditures for the purchase of means, goods and national reserve materials in service of search and rescue work.

3. Expenditures for unexpected search and rescue operations for persons and means.

Article 3.- The drafting, allocation, management and final settlement of expenditures for search and rescue operations shall comply with the Law on the State Budget, the documents guiding the implementation of the Law and the provisions of this Regulation.

Chapter II

ASSIGNMENT OF BUDGET EXPENDITURE TASKS FOR SEARCH AND RESCUE OPERATIONS

Article 4.- Expenditure tasks of the Central Budget:

1. Expenditures for regular professional activities of the Office of the National Search and Rescue Committee, the permanent specialized search and rescue agencies and the regional coordination centers for search and rescue:

a/ Expenditures for regular professional activities of the Office of the National Search and Rescue Committee are composed of: Payments for public services, office materials, coaching and practice in search and rescue, training, conferences, seminars, sending of teams abroad and reception of foreign teams, cooperation in international search and rescue operations, information, publicity; repair of professional means and equipment; rewards, inspection and other expenditures directly related to the office work of search and rescue.

b/ Expenditures for the activities of the permanent specialized agency for search and rescue are composed of: Payments for public services, office materials, conferences, seminars, information and publicity; repair of professional means and equipment and other expenditures directly related to the permanent activities of search and rescue.

2. Expenditures for construction, installation and equipment of means for search and rescue.

3. Expenditures for direct search and rescue operations of the forces directed and organized by the National Search and Rescue Committee:

a/ Unexpected expenditures for repair of means and equipment and other expenditures to overcome oil spill accidents by units under the search and rescue centers for directly taking part in the search and rescue operations.

b/ Expenditures on fuel and life-saving means supplied for the activities of direct search and rescue.

c/ Expenditures for the rescue of victims;

d/ Expenditures for the hiring of means of organizations, units and individuals directly engaged in search and rescue operations.

e/ Other expenditures directly related to search and rescue.

4. Expenditures for the purchase of means, goods and reserve materials for search and rescue.

Article 5.- Expenditure tasks of the provincial-level budgets

1. Expenditures for regular professional activities of the permanent search and rescue agency of the province or city are composed of: Payments for public services, office materials, search and rescue coaching and practice, training, conferences, seminars, coordination in search and rescue, informaiton, publicity, rewards; repair of professional means and equipment and other expenditures directly related to the permanent search and rescue.

2. Expenditures for construction, installation and equipment of means for search and rescue.

3. Expenditures for direct search and rescue activities of the forces directed and organized by the People’s Committee of the province or city:

a/ Unexpected expenditures for repair of means and equipment and for overcoming oil spills by units directly taking part in search and rescue operations;

b/ Expenditures on raw materials and fuel; lifesaving means supplied to direct search and rescue activities;

c/ Expenditures for emergency aid to victims;

d/ Expenditures on hiring means of organizations, units and individuals directly engaged in search and rescue.

4. Expenditures for the purchase of means, goods and reserve materials for search and rescue.

Article 6.- The Vietnam Oil and Gas Corporation shall assure expenditures for the regular activities of the permanent oil and gas search and rescue agency; expenditures for investment in the purchase of specialized search and rescue equipment of the oil and gas service, and be allowed to mobilize the contributions of the oil and gas enterprises.

Chapter III

ELABORATION, EXECUTION AND FINAL ACCOUNT SETTLEMENT OF THE EXPENDITURES FOR SEARCH AND RESCUE OPERATIONS

Article 7.- The elaboration, execution and final account settlement of the expenditures for search and rescue operations shall be effected according to Decree No. 87/CP of December 19, 1996 of the Government providing in detail for the assignment of powers in the management, elaboration, execution and final account settlement of the State budget, Decree No. 51/1998/ND-CP of July 18, 1998 amending and supplementing a number of articles of Decree No. 87/CP and Decree No. 120/1997/ND-CP of December 27, 1997 providing for the management and use of the State budget and properties in a number of activities pertaining to national defense and security.

1. Drafting the estimated expenditures for regular professional activities:

- Each year, basing itself on the assigned task, the National Search and Rescue Committee shall make the expenditure estimate for its regular professional activities and send the it to the Ministry of Finance and the Ministry of Planning and Investment for incorporation into the yearly balance of the State budget for submission to the Government for decision.

- The permanent specialized agencies for search and rescue and the centers of coordination in regional search and rescue shall draft the expenditures for their annual regular professional activities for submission to the Ministry and branch for approval and integration and send the draft to the Ministry of Finance and the Ministry of Planning and Investment for submission to the Government for decision. At the same time, the draft shall be sent to the National Search and Rescue Committee for general integration and monitoring.

2. Drafting estimated expenditures for regular professional activities of the permanent search and rescue agencies of the provinces and centrally-run cities:

Basing itself on the task assigned by the People’s Committee of the province or centrally-run city and the examination number of the Finance and Pricing Service on the making of the yearly draft budget, the permanent search and rescue agency of the province or centrally-run city shall draft the regular professional expenditures and send the draft to the Finance and Pricing Service, the Planning and Investment Service of the province or city for integration into the annual draft budget and submission to the president of the People’s Committee of the province or city for consideration before submitting it to the People’s Council of the province or city for decision.

3. Drawing up the report on expenditures for search and rescue: the units or forces which are mobilized or which take the initiative in directly participating in search and rescue shall draw up the reports on actual expenditures on activities of direct search and rescue and send them to the following approving agencies:

- To the National Search and Rescue Committee for integration and report to the Ministry of Finance and the Ministry of Planning and Investment (for draft expenditures of less than one billion VND) or for submission to the Prime Minister (simultaneously to the Ministry of Finance and the Ministry of Planning and Investment) for consideration and decision with regard to direct search and rescue operations directed and organized by the National Search and Rescue Committee.

- To the Finance and Pricing Service for integration and submission to the People’s Committee of the province or city and simultaneously to the National Search and Rescue Committee for monitoring.

4. Expenditures for the purchase of means, goods and national reserve materials and equipment in service of search and rescue: Basing itself on the task assigned by the Government and the direction for development of search and rescue activities, the National Search and Rescue Committee shall coordinate with the ministries, services and localities in drafting projects of investment in the purchase of means, goods and national reserve materials and equipment in service of search and rescue operations and send them to the Ministry of Finance and the Ministry of Planning and Investment, the National Reserve Department for consideration and submission to the Prime Minister for decision.

5. On the basis of the State draft budget expenditures already approved by the Government, the Ministry of Finance shall inform the ministries, branches, People’s Committees of the provinces and centrally-run cities of the draft budget for search and rescue operations.

The ministries, branches and agencies attached to the Government shall base themselves on the approved budget draft to apportion it to the National Search and Rescue Committee, the permanent specialized search and rescue agencies and the regional centers of coordination in search and rescue.

Basing itself on the task of budget revenues and expenditures of the State assigned by the People’s Committee of the province or centrally-run city, the Finance and Pricing Service shall inform the permanent agency for search and rescue of the province or city of the draft budget for search and rescue activities.

Article 8.- Allocation of expenditures for search and rescue

1. Expenditures for regular professional activities: The Ministry of Finance shall allocate to the National Search and Rescue Committee through the Ministry of Defense; to the permanent specialized search and rescue agency and the regional search and rescue coordination centers through the controlling ministry or branch; the Finance and Pricing Service to the permanent search and rescue agency through the controlling branch where the latter has its office.

2. The expenditures for the purchase of means, goods and the expenditures on construction and equipment, means and reserve materials for search and rescue operations: the Ministry of Finance and the provincial/municipal Finance and Pricing Services shall allocate them according to current prescriptions.

3. Expenditures on direct activities of search and rescue of the units, forces or individuals that are mobilized or that take the initiative in directly participating in search and rescue: With regard to the Central Budget, this shall be allocated by the Ministry of Finance through the controlling ministry or branch; with regard to the local budget, it shall be allocated by the provincial/municipal Finance and Pricing Service through the controlling branch or the People’s Committee of the district which shall pay to the individuals who directly take part in search and rescue.

4. Expenditures for the purchase of means, goods, equipment and national reserve materials in service of search and rescue: Basing itself on the projects that the Government has decided to invest in and the time schedule of each project, the Ministry of Finance shall allocate funds according to current prescriptions.

Article 9.- Final account settlement for search and rescue.

1. The National Search and Rescue Committee shall make the final account settlement for the regular professional activities through the Ministry of Defense.

2. The permanent agency for specialized search and rescue, the regional coordination centers for search and rescue, the project investors and the central units and forces which are mobilized or which directly take part in search and rescue on their own initiative shall integrate the accounts of expenditures on search and rescue through the controlling ministry or branch, and simultaneously send them to the National Search and Rescue Committee for monitoring.

3. The permanent search and rescue agency of the province or city, the project investors and the local units and forces mobilized to directly take part in search and rescue shall integrate the accounts for a final statement of accounts on the expenditures on search and rescue through the controlling branch, and send the final statement to the National Search and Rescue Committee for monitoring.

4. The Ministry of Defense and the central controlling ministry or branch shall integrate the accounts into an annual final statement of accounts and send it to the Ministry of Finance for submission to the Government for approval. The local controlling branch shall make the final statement of accounts on search and rescue operations and report the annual general budget accounts statement to the Finance Financial and Pricing Service for submission to the People’s Committee of the province or centrally-run city for approval.

Article 10.- To draft the budget revenues and expenditures and the final statement of accounts of expenditures on search and rescue as currently prescribed.

Article 11.- To inspect the expenditures on search and rescue operations.

Each year the National Search and Rescue Committee shall have to coordinate with the Ministry of Finance, the related ministries, branches and localities to check the expenditures on search and rescue already approved.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 12.- This Regulation takes implementation effect from the fiscal year of 2000.

Article 13.- Organizations and individuals with meritorious achievements in the implementation of this Regulation shall be awarded according to the common stipulations of the State. The individuals who violate the prescriptions in this Regulation shall, depending on the nature and seriousness of the violation, be disciplined, subjected to administrative sanctions or examined for penal liability.

Article 14.- The ministries, branches, People’s Committees of the provinces and centrally-run cities and the National Committee for Search and Rescue operations in the air and on the sea shall have to implement this Regulation.