|
THE GOVERNMENT
-------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
------------------
|
|
No. 16/2015/NĐ-CP
|
Hanoi, February
14, 2015
|
DECREE
STIPULATING
THE MECHANISM FOR EXERCISING THE AUTONOMY OF PUBLIC ADMINISTRATIVE UNITS
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on State Budget dated
December 16, 2002;
Pursuant to the Law on Management and Use of
State-owned assets dated June 3, 2008;
Pursuant to the Law on Public Officials dated
November 15, 2010;
Pursuant to the Law on Price dated June 20,
2012;
After considering the Minister of Finance,
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter I
GENERAL PROVISIONS
Article 1. Scope of application
This Decree sets out general rules and regulations
on the mechanism for exercising the autonomy of public administrative units in
the following sectors: Education and training; vocational training; culture,
sports and tourism; press and media; science and technology; economic and other
sectors.
Article 2. Applicable entities
1. Public administrative units established by
competent governmental authorities under legal regulations, having the legal
status, providing public services or other state management-related services
(hereinafter referred to as public administrative unit).
2. Public administrative units affiliated to the
Ministry of National Defense, the Ministry of Public Security, political
organizations, socio-political organizations as governed by this Decree and
other relevant legal regulations.
Article 3. Interpretation of
terms
Terms used herein shall be construed as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. “Public administrative service” refers to
administrative services in such sectors as education and training; vocational
training; culture, sports and tourism; press and media; science and technology;
economic and other sectors.
3. “Public administrative service funded by the
state budget" refers to public administrative services on which all
expenses are covered by the Government, or those on which expenses have not
been fully included in the service price or fee, or are supported by the state
budget.
4. “Public administrative service not funded by the
state budget” refers to public administrative services that have more
advantages in calling for private-sector involvements, are not subsidized by
the Government, and of which the price follows the market mechanism.
Article 4. State management of
public administrative service and public administrative units
1. Draw up the legislation on state management of
public administrative service and public administrative units; encourage,
provide favorable conditions, create the equal and competitive environment in
order for organizations or individuals in all economic sectors to get involved
in providing public administrative services.
2. Arrange the network of public service units by
industries and sectors; compile the list of public services funded by the state
budget; issue economic – technical norms that apply to the field of public
administrative services managed by the Government; set out regulations on
bidding, placement of orders and assignment of duties to supply public
administrative services.
3. Set the criteria and standards for the quality
of public administrative services; provide the mechanism for supervision,
assessment and inspection of the quality of public administrative services and
the efficiency in operations of public administrative units.
4. Sketch out the road map for sufficiently
calculating prices and fees on public administrative services that public
administrative units set and directly pay in favor of persons entitled to state
policies.
5. Establish the procedure, process for
establishment, reorganization and dissolution, and specify conditions for
organization and operation of public administrative units; arrange, transform
public administrative units according to the planning approved by competent
authorities; delegate the autonomy to affiliated public administrative units.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Adopt the mechanism and policy to encourage
private-sector involvements in public administrative services.
8. Inspect, examine and impose penalties for
violations arising in public administrative service supply.
Chapter II
MECHANISM FOR EXERCING
THE AUTONOMY OF PUBLIC ADMINISTRATIVE UNITS
Section 1: AUTONOMY TO PERFORM
DUTIES AND SET UP ORGANIZATIONAL AND PERSONNEL STRUCTURE
Article 5. Autonomy to perform
duties
1. Autonomy to develop plans
Plan to perform duties developed by public
administrative units shall be composed of part of the plan to perform tasks
that fall within their functions, duties and competence in accordance with
laws, and part of the plan to perform their delegated functions and assigned
tasks.
a) With regard to public administrative services
not funded by the state budget: Public administrative units shall establish
their own plan to perform tasks, report to superior regulatory agencies to
monitor, inspect and supervise implementation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Autonomy to organize duty performance activities
a) Decide on the method for performing duties
according to the plan developed by these public administrative units, and the
plan assigned by superior regulatory agencies, and ensure the quality and
progress of duty performance;
b) Participate in the bidding for supply of public
administrative services relevant to the expertise of the public administrative
unit designated by competent authorities;
c) Form a joint venture and cooperation with
organizations or individuals to render services to meet the social demand in
accordance with laws.
Article 6. Autonomy to build
the organizational structure
Public administrative units shall be allowed to
decide the establishment, restructuring and dissolution of affiliates which do
not belong to component units under the decision of competent authorities when
conforming to criteria, conditions and standards in accordance with laws;
develop the plan to restructure component units for submission to competent
authorities for decision.
With regard to public administrative units of which
part of its recurrent expenditure is covered by itself and those of which
recurrent expenditure is funded by the state budget: They shall set up the plan
to arrange and improve the organizational structure for submission to competent
authorities for decisions.
Article 7. Autonomy to build
the personnel structure
1. Public administrative units shall build the
personnel structure by classifying job positions and public servants by
professional titles for submission to competent authorities for approval;
recruit, use, appoint, discharge, award, punish and manage public servants or
employees in accordance with legal regulations; sign employment contracts to
hire outside employees to perform their duties.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. In case public administrative units have not yet
categorized job positions and public servants by professional titles, and the
number of employees determined on the basis of the average manning requirements
specified in years ago under the instructions of the Ministry of Home Affairs.
Article 8. Management board
1. Public administrative units of which recurrent
and investment expenditures are covered by themselves shall establish the
management board to decide important issues during the process of operations of
these units.
2. Based on specific conditions, managerial
requirements and specialized laws, when necessary, Ministries,
ministerial-level agencies and Governmental agencies (hereinafter referred to
as Ministries and central organs), the People’s Committees of
centrally-affiliated cities or provinces (hereinafter referred to as provincial
People’s Committee) shall stipulate the establishment of the management board
for public administrative units that are not governed by regulations laid down
in Clause 1 of this Article.
3. The management board shall decide on the
middle-term and annual strategy and plan of a public administrative unit;
decide on the policy on investment in expansion of operations, establish,
restructure and dissolve affiliated units; decide on the major policy on
organization and personnel (such as appointment, commendation and punishment of
public servants; the number of employees, in particular, shall be governed by
regulations laid down in Article 7 hereof); approve the regulations on
organization and operation of the public administrative unit for the purpose of
submitting them to competent authorities for decision; approve annual financial
statements, inspect and supervise implementation of the plan, and implement the
democratic regulations and make a decision on other key issues of the public
administrative unit in accordance with legal regulations.
4. The management board shall be joined by 05 to 11
members; the Chair and members of the management board shall be appointed by
competent authorities granting the establishment decision; the management board
shall be joined by representatives of the superior regulatory agencies.
5. Procedures for establishment, position,
functions, duties, powers, organizational structure and approval for the
regulations on operations of the management board in the public administrative
unit, relationship of the management board and the head of the public
administrative unit with the superior regulatory agency shall conform to
instructions of the Ministry of Home Affairs.
Section 2: PUBLIC ADMINISTRATIVE
SERVICE PRICE AND CHARGE
Article 9. Public
administrative service price and charge
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Public administrative services not funded by the
state budget
- The public administrative unit shall be allowed
to define the public administrative service price according to the market
mechanism, decide on receivables, amounts receivable to compensate for
reasonable expenditures and ensure accumulated earnings in accordance with
legal regulations applied to each sector;
- In particular, such services as medical
examination and treatment as well as education and training services at
state-owned healthcare, educational and training establishments shall be
governed by legal regulations on price.
b) Public administrative services funded by the
state budget
- Public administrative service price shall be
determined on the basis of economic - technical and cost norms adopted by
competent authorities and the roadmap for calculating a full amount of expenses
stipulated in Article 10 hereof in which salary costs constituting public
administrative service price are calculated by taking into account basic salary
level, salary coefficients by payroll, salary grade and title for public
administrative units and labor norms introduced by Ministries, central organs
and provincial People’s Committees within their jurisdiction;
- Pricing method and competent pricing agencies
shall carry out the pricing of public administrative services in accordance
with legal regulations on price;
- Within the framework of public administrative
service prices stipulated by competent regulatory agencies, public
administrative units shall decide on the specific level of price applied to
each service type; in case competent regulatory agencies specify the public
administrative service price, the public administrative unit shall collect
charge at the stipulated price.
2. Public administrative service charge
Public administrative services specified in the
list of fees to be collected shall comply with legal regulations on fees and
charges. Public administrative units shall be entitled to collect charges
according to the charge level stipulated by competent regulatory agencies.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Roadmap for pricing public administrative
services
a) By 2016: Calculating a full amount of salary
costs, direct expenses (managerial and fixed asset depreciation costs have not
been included yet);
b) By 2018: Calculating a full amount of salary
costs, direct expenses and managerial costs (fixed asset depreciation costs
have not been included yet);
c) By 2020: Calculating a full amount of salary
costs, direct expenses, managerial and fixed asset depreciation costs.
2. Based on actual conditions, public
administrative units shall be allowed to follow the roadmap for public
administrative service price as stipulated in Clause 1 of this Article.
3. Ministries, central organs and provincial
People’s Committee shall refer to regulations on public administrative service
price stipulated in Clause 1 Article 9 hereof, balanced state revenues and
expenditures and payment capability of beneficiaries to stipulate the roadmap
for calculating public administrative services for submission to authorities
having competence in promulgating it, or to promulgate it within their
jurisdiction.
Article 11. List of public
administrative services funded by the state budget
1. The list of public administrative services
funded by the state budget shall be promulgated by regulatory agencies:
a) Ministers, Heads of central organs shall define
the list of public administrative services funded by the state budget within
their industries or management sectors for submission to the Prime Minister to
issue regulations after obtaining opinions from the Ministry of Finance and the
Ministry of Planning and Investment;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Based on the list of public administrative
services stipulated in Clause 1 of this Article, Ministries, central organs or
provincial People’s Committee shall decide or decentralize inferior agencies to
choose which public administrative services will be provided in the form of
task assignment, placement of orders or bidding in accordance with applicable
regulations.
Section 3: FINANCIAL AUTONOMY
Article 12. Financial autonomy
in respect of public administrative units that cover their own recurrent and
investment expenses
1. Financing source of a public administrative unit
a) Revenues earned from the rendering of public
administrative services, even including the financing from the state budget to
place orders to provide public administrative services at the price to which a
full amount of costs have been added;
b) Revenues earned by collecting the service charge
according to the law on fee or charge and retained for expenditures in
accordance with regulations (retained revenues used for recurrent, procurement
and major repair of equipment and assets supporting the charge collection);
c) Other earnings according to the legal
regulations (if any);
d) Resources derived from the state budget to be
allocated to perform non-recurrent tasks (if any), including: Budget for
performance of science and technology tasks (applicable to public
administrative units which are not scientific and technological organizations);
budget for national target programs, other programs and projects; collateral
funds for execution of projects in accordance with competent authorities'
decisions; investment and development expenditures; budget for procurement of
equipment used for administrative operations of projects approved by competent
authorities; financing for performance of unscheduled tasks assigned by
competent authorities;
dd) Capital sources derived from loans, aids and
grants in accordance with laws.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Investment expenses derived from the fund for
development of administrative operations, loan capital and other legal
financial sources.
- Based on the demand for investment and capability
of balancing financial sources, the public administrative unit shall act on its
own initiative in establishing the list of investment projects, and report to
competent authorities for approval. On the basis of the list of approved
investment projects, the public administrative unit shall decide which projects
will be financed, including issues related to the construction extent, method,
total investment fund, capital source and execution staging in accordance with
legal regulations on investment.
- Public administrative units shall be allowed to
obtain the Government’s concessional credit loans or interest support for
investment projects financed by loans granted by credit institutions in
accordance with applicable regulations.
- Based on the demand for development of each
public administrative unit, the Government shall consider allocating funds to investment
projects in progress and other investment projects in accordance with the
decision made by competent authorities.
b) Recurrent expenses: The public administrative
unit shall be entitled to use their own initiative in taking advantage of
financial sources which the autonomy to use is delegated as stipulated in Point
a, Point b (retained revenues used for recurrent expenses) and Point c Clause 1
of this Article for the purpose of recurrent expenses. Several expenses shall
be specified as follows:
- Salary expenses: The public administrative unit
shall pay salary based on the salary scale, rank and job positions and
allowances in accordance with the Governmental regulations that apply to public
administrative units. Whenever the Government makes any change to salary, the
public administrative unit shall use its own revenues for covering the
increased amount of salary (the state budget will not allow supplementary
allocation).
- Operating and managerial expenses
As for expenses specified in the spending limits
stipulated by competent authorities: Based on the financial capability, the
public administrative unit shall be given autonomy to decide the higher or
lower amount of expenses compared with limits promulgated by competent
authorities and stipulated by the rules and regulations on internal expenses of
this unit;
As for expenses not yet specified in the spending
limits stipulated by competent authorities: Based on the actual condition, the
public administrative unit shall determine the expense level relevant to the
rules and regulations on internal expenses and take full responsibilities for
their own decisions.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Expenses on non-recurrent tasks: The public
administrative unit shall spend in accordance with the law on the state budget
and applicable laws on each budget stipulated in Point b (the retained amount
used for procurement, major repair of equipment, assets used for collection of
service charges), and Point d and Point dd Clause 1 of this Article.
d) The public administrative unit is obliged to
comply with the Governmental regulations on spending limits, standards and
permitted amount of cars to be used; standards and permitted amount of working
accommodations; standards and permitted amount of working phones used at
private houses and mobile phones; regulations on overseas business trips;
regulations on foreign visitor reception and international conferences
organized in Vietnam.
3. Distribution of income generated within a year
a) Annually, after posting all expenses into
accounting records, paying taxes and other payables to the state budget (if
any) in accordance with regulations, the margin produced due to an amount of
revenues higher than an amount of recurrent expenses (if any) shall be used in
sequence as follows:
- Set aside 25% used for establishing the fund for
development of administrative operations;
- Set aside the fund for supplementation of income:
The public administrative unit shall exercise the autonomy to decide on the
amount set aside to establish the fund for supplementation of income (the
amount set aside is not restricted);
- Set aside the reward fund and the welfare fund of
which the maximum amount does not exceed 3-month salary or wage within a year;
- Set aside other funds in accordance with legal
regulations;
- The remaining margin generated due to the amount
of revenues greater than the amount of expenses (if any) after all funds have
been set aside in accordance with regulations shall be added to the fund for
development of administrative operations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The fund for development of administrative
operations serves the purpose of investing in development of facilities,
purchase working equipment and instruments, improve capability of
administrative operations; spend on application of technological and scientific
advances, organize professional training for employees, and put investments in
joint venture or partnership with domestic and foreign organizations or
individuals (applicable to the public administrative unit of which funds
conform to regulations) so as to render services relevant to the assigned
functions, duties and other expenses (if any).
- The fund for supplementation of income serves the
purpose of supplementing incomes of employees within a year and providing
provisions for expenditures on supplementation of incomes of employees in the
consecutive year in case incomes are reduced.
Spending on supplementation of incomes of employees
working for the public administrative unit shall stick to the principle that
quantity, quality and efficiency in task performance must be taken into
consideration. The maximum increased income coefficient applied to those who
hold managerial posts in the public administrative unit shall be twice less
than the increased coefficient of realized average income paid to employees working
for such unit.
- The reward fund serves the purpose of offering
periodic or unplanned rewards to collectives or individuals inside or outside
of the public administrative unit (exclusive of the reward policy in accordance
with the Law on Competition and Reward) based on the efficiency in task
performance and achievements in making contribution to operations of the public
administrative unit. The level of reward shall be decided by the head of the
public administrative unit in accordance with the rules and regulations on
internal expenses of this unit.
- The welfare fund serves the purpose of developing
and repairing welfare facilities; spending on operations intended for welfare
of the employee collective in the unit; providing subsidies for employees faced
with unexpected difficulty, even including those who have retired, or those
faced with work incapacity; further spending on severance pays.
c) The specific amount derived from the funds as
stipulated in Point a of this Clause and use of the funds shall be decided by
the head of the public administrative unit in accordance with the rules and
regulations on internal expenses and should be widely disclosed within the
unit.
Article 13. Financial autonomy
in respect of public administrative units that cover their own recurrent
expenses
1. Financing source of a public administrative unit
a) Revenues earned from the rendering of public
administrative services, even including the financing from the state budget to
place orders to provide public administrative services at the price to which a
full amount of costs have been added;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Other earnings according to the legal
regulations (if any);
d) Financial sources allocated by the state budget
to perform non-recurrent tasks as stipulated in Point d Clause 1 Article 12
hereof (if any);
dd) Capital sources derived from loans, aids and
grants in accordance with laws.
2. Use of financial sources:
a) Recurrent expenses: The public administrative
unit shall be entitled to use their own initiative in taking advantage of
financial sources which the autonomy to use is delegated as stipulated in Point
a, Point b (retained finances used for recurrent expenses) and Point c Clause 1
of this Article for the purpose of recurrent expenses in accordance with
regulations laid down in Point b Clause 2 Article 12 hereof;
b) Expenses on non-recurrent tasks: The public
administrative unit shall spend in accordance with the law on the state budget
and applicable laws on each budget stipulated in Point b (the retained amount
used for procurement, major repair of equipment, assets used for collection of
service charges), and Point d and Point dd Clause 1 of this Article.
3. Distribution of income gained within a year
shall conform to regulations laid down in Clause 3 Article 12. In particular,
the maximum amount set aside for the fund for supplementation of income shall
be restricted to thrice less than the amount used for the fund for salary or
wages by salary scale, grade or job positions and other salary allowances
stipulated by the Government.
Article 14. Financial autonomy
in respect of public administrative units which cover a part of their own
recurrent expenses (because the public administrative service price and charge
have not been constituted by all costs, or because the Government places
orders, assigns tasks to provide public administrative services at the price
and charge to which a full amount of costs have not been fully added)
1. Financing source of a public administrative unit
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Financial sources derived from collected charges
according to the law on fee or charge retained for expenditures in accordance
with regulations (retained part of financial sources used for recurrent,
procurement and major repair of equipment and assets supporting the charge
collection);
c) Financing resources derived from the state
budget to support part of expenses which have not been constituted in the
public administrative service price and charge;
d) Other earnings according to the legal
regulations (if any);
dd) Financial sources allocated by the state budget
to perform non-recurrent tasks as stipulated in Point d Clause 1 Article 12
hereof (if any);
e) Capital sources derived from aids and grants in
accordance with laws.
2. Use of financing source of a public
administrative unit
a) Recurrent expenses: The public administrative
unit shall act on their initiative in using financial sources which the
autonomy to use is delegated as stipulated in Point a, Point b (retained
finances used for recurrent expenses) and Point c and Point d Clause 1 of this
Article for the purpose of recurrent expenses. Several expenses shall be specified
as follows:
- Salary expenses: The public administrative unit
shall pay salary based on the salary scale, rank and job positions and
allowances in accordance with the Governmental regulations that apply to public
administrative units. Whenever the Government makes any change to salary, the
public administrative unit shall use its own finances for covering the
increased amount of salary; in case of deficit, the state budget shall give
supplementary allocations;
- Operating and managerial expenses: Based on
assigned tasks and financial capability, the public administrative unit shall
exercise its autonomy to decide the level of recurrent operating and managerial
expenses but the amount of these expenses shall be restricted to less than the
amount of expenses stipulated by competent authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Distribution of incomes generated within a year
a) Annually, after posting all expenses into
accounting records, paying taxes and other payables to the state budget (if
any) in accordance with regulations, the margin produced due to an amount of
revenues higher than an amount of recurrent expenses (if any) shall be used in
sequence as follows:
- Set aside at least 15% used for establishing the
fund for development of administrative operations;
- Set aside the fund for supplementation of income
which is restricted to twice less than the amount used for the fund for salary
or wages by salary scale, grade or job positions and other salary allowances
stipulated by the Government;
- Set aside the reward fund and the welfare fund of
which the maximum amount does not exceed 2-month salary or wage that the public
administrative has paid for within a year;
- Set aside other funds in accordance with legal
regulations;
- The remaining margin generated due to the amount
of revenues greater than the amount of expenses (if any) after all funds have
been set aside in accordance with regulations shall be added to the fund for
development of administrative operations.
If the margin is produced due to the revenues
higher than expenses, or once less than the amount provided by the fund for
salary or wages by salary scale, grade or job positions realized within a year,
the public administrative unit shall exercise its autonomy to use it in
sequence as follows: setting aside the fund for supplementation of incomes, the
fund for development of administrative operations, the reward fund, the welfare
fund and other funds (if any).
b) The specific amount derived from the funds as
stipulated in Point a of this Clause and use of the funds shall be decided by
the head of the public administrative unit in accordance with the rules and
regulations on internal expenses and should be widely disclosed within the
unit. Expenses derived from funds shall be governed by Point b Clause 3 Article
12 hereof;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Financing source of a public administrative unit
a) The state budget shall pay for recurrent
expenses on the basis of the number of employees and the limited amount of
distributed budgets approved by competent authorities;
b) Other revenue sources (if any);
c) Financial sources allocated by the state budget
to perform non-recurrent tasks as stipulated in Point d Clause 1 Article 12
hereof (if any);
d) Financial sources derived from aids and grants
in accordance with laws.
2. Details of expenses in a public administrative
unit
a) Recurrent expenses: The public administrative
unit shall act on their initiative in using financial sources which the
autonomy to use is delegated as stipulated in Point a, Point b Clause 1 of this
Article as recurrent expenses. Several expenses shall be specified as follows:
- Salary expenses: The public administrative unit
shall pay salary based on the salary scale, rank and job positions and
allowances in accordance with the Governmental regulations that apply to public
administrative units. Whenever the Government makes any change to salary, the
public administrative unit shall use its own finances for covering the
increased amount of salary, including use of the supplementary amount
distributed by the state budget;
- Operating and managerial expenses: The public
administrative unit shall exercise its autonomy to decide the level of expenses
but the amount of these expenses shall be restricted to less than the amount of
expenses stipulated by competent authorities.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Use of expenditures saved for recurrent expenses
a) Annually, after settling all expenses, paying
taxes and other payables to the state budget (if any) in accordance with
regulations, the expenditure saved for recurrent expenses (if any) shall be
used in sequence as follows:
- Set aside at least 5% used for establishing the
fund for development of administrative operations;
- Set aside the fund for supplementation of income
which is restricted to once less than the amount used for the fund for salary
or wages by salary scale, grade or job positions and other salary allowances
stipulated by the Government;
- Set aside the reward fund and the welfare fund of
which the maximum amount does not exceed 1-month realized salary or wage that
the public administrative has paid for within a year;
- Set aside other funds in accordance with legal
regulations;
If the margin is produced due to the revenues
higher than expenses, equal or once less than the amount provided by the fund
for salary or wages by salary scale, grade or job positions realized within a
year, the public administrative unit shall exercise its autonomy to decide the
proper amount set aside for the funds in accordance with the rules and
regulations on internal expenses in such unit.
b) The specific amount derived from the funds as
stipulated in Point a of this Clause and use of the funds shall be decided by
the head of the public administrative unit in accordance with the rules and
regulations on internal expenses and should be widely disclosed within the
unit. Expenses derived from funds shall be governed by Point b Clause 3 Article
12 hereof;
Article 16. Autonomy to
execute financial transactions
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Public administrative units shall be allowed to
open deposit accounts at commercial banks or the State Treasury to reflect
operating revenues or expenses generated or incurred from public administrative
services not funded by the state budget. Deposit interests shall become the
revenue source of this unit and shall be added to the fund for development of
administrative operations or to other funds in accordance with laws, but shall
not be allowed to be added to the fund for supplementation of income;
b) Finances derived from the state budget, revenues
generated from rendering public administrative services funded by the state
budget, revenues generated from collection of charges in accordance with the
law on fee or charge, the public administrative unit shall open an account at
the State Treasury to reflect them.
2. Application for loan capital and capital
mobilization
The public administrative unit which provides its
services shall be permitted to take out loans granted by credit institutions,
mobilize loans from officials or public servants in this unit so as to invest
in expansion and improvement of administrative operational quality, and
organize relevant service activities that fall within their functions or
duties. In particular, the public administrative unit that cover its own
recurrent and investment expenses shall be allowed to take out loans and
mobilize capital to invest in and develop facilities in accordance with
regulations laid down in Point a Clause 2 Article 12 hereof. When applying for
loans and mobilizing capital, the public administrative unit must submit the
feasible financial plan, take sole responsibility to repay principal and
interest in accordance with regulations; assume legal liability for the
efficiency in use of loans and capital mobilization.
Article 17. Financial
obligations, management of state-owned assets, and rules and regulations of
internal expenses of public administrative units
1. Public administrative units that render public
services shall be required to apply for registration for service rendering
operations, carry out declarations or statements, and pay taxes and other
payables to the state budget (if any) in accordance with legal regulations.
2. Public administrative units shall be responsible
for managing and using state-owned assets in accordance with legal regulations
on management and use of state-owned assets.
3. Public administrative units shall be charged
with establishing and introducing the rules and regulations on internal
expenses for submission to the superior regulatory agencies. Within a permitted
duration of 15 days from receipt of such rules and regulations, if these rules
and regulations contain information in breach of the Governmental regulations,
the superior regulatory agency shall give written opinions to request these
units to revise them to make them become relevant.
Within the abovementioned duration, if the superior
regulatory agency has no opinion, the public administrative unit shall
implement these rules and regulations, and concurrently send them to the
finance body at the same level to monitor or supervise implementation, or to
the State Treasury where this unit has opened its transaction account as a
basis for the spending control.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 18. Budget estimate
preparation
1. Preparation of budget estimates of public
administrative units which cover their own recurrent and investment expenses,
or those which cover their own recurrent expenses
a) Annually, based on the implementation result in
terms of service quantity and volume; conditions of operating revenues and
expenses generated and incurred from public administrative services and others
in the current year; task requirements specified in the reporting year, the
public administrative unit shall draw up the plan on service quantity and
volume and prepare the budget estimate for submission to the superior regulatory
agency;
b) As for public administrative services ordered by
the Government: On a annual basis, based on the quotation and ordered service
volume under the instructions of Ministries, central organs and provincial
People’s Committee, the public administrative unit shall prepare the budget
estimate for submission to the superior regulatory agency in accordance with
regulations.
2. The budget estimate of public administrative
units which cover part of their own recurrent expenses (because the service
price and charge have not been constituted by all costs, or they have to follow
orders placed or tasks of providing public services assigned by the Government
at the price or charge to which an amount of costs have not been fully added):
Based on the task performance in the current year, these public administrative
units shall set the plan on the service quantity and volume and estimate
revenues or expenses (inclusive of the amount funded by the state budget due to
the service price or charge which have not been constituted by all costs) for
the purpose of reporting to the superior regulatory agency in accordance with
regulations.
3. The budget estimate of public administrative
units of which recurrent expenses are covered by the Government (applicable to those
that act within their functions or duties delegated or assigned by competent
authorities, and those who have no revenue sources, or those whose revenues are
low): Based on the task performance in the current year, duties assigned by
competent authorities in the planning year, the number of employees approved by
competent authorities, the rules and regulations on current expenses, these
public administrative units shall prepare their budget estimate for submission
to the superior regulatory agency in accordance with applicable regulations.
4. Revenues and expenses shall be estimated in
accordance with the law on fee and charge, and non-recurrent tasks shall be
governed by regulations laid down in the Law on the State Budget.
5. Annually, based on the budget estimate
formulated by public administrative units, the superior regulatory agency shall
be responsible for considering and integrating revenues and expenses into the
budget estimate for submission to the finance body and other relevant agencies
in accordance with the Law on the State Budget.
Article 19. Distribution and
allocation of estimated budget
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Based on the roadmap for calculating public
administrative service price as stipulated in Clause 1 Article 10 hereof, the
superior regulatory agency shall carry out placement of orders handled by
public administrative units which cover their own recurrent and investment
expenses, or those which cover their own recurrent expenses; place orders and
allocate state expenditures to public administrative units which cover part of
their own recurrent expenses (because the service price and charge have not
been constituted by all costs, or they have to follow orders placed or tasks of
providing public services assigned by the Government at the price or charge to
which an amount of costs have not been fully added).
3. As for public administrative units of which
recurrent expenses are covered by the Government (applicable to those who act
within the functions and tasks assigned by competent authorities, or those who
have none of revenues, or those whose revenues are low): The superior
regulatory agency shall allocate estimated budget in a stable manner within a
permitted duration of 3 years and shall be allowed to make any change to the
estimate whenever the Government changes tasks or policies in accordance with
applicable regulations.
Chapter III
IMPLEMENTATION
Article 20. Delegating
autonomy to public administrative units
1. Public administrative units shall develop the
plan to exercise their autonomy which is relevant to the plan and actual
conditions of these units, report to the superior regulatory agency to obtain
their approval after receiving written opinions from finance bodies.
2. Delegation of the autonomy and responsible
autonomy to public administrative units stipulated in the Chapter II hereof
shall be kept unchanged within a permitted duration of 3 years. In case revenue
sources or tasks of the public administrative unit has changed and this change
is likely to cause any change to the degree of financial autonomy, the public
administrative unit shall report to the superior regulatory agency in order for
them to consider any adjustment to the degree of autonomy delegated to this
unit by the deadline.
Article 21. Contents and
requirements enabling public administrative units to adopt the financial
mechanism which also applies to enterprises
1. Public administrative units which cover their
own recurrent and investment expenses shall be allowed to adopt the financial
mechanism which also applies to enterprises (such as single-member limited
companies of which 100% of charter capital is held by the State) only if they
meet the following requirements:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Determine the public service charge by employing
the method of full cost pricing (inclusive of depreciation of fixed assets);
c) Have its assets valuated by the Government, and
obtain permission from the Government to manage allocated finances in
accordance with legal regulations on management and use of state-owned assets;
d) Establish accounting records in accordance with
regulations laid down in the generally accepted accounting standards applied to
enterprises.
2. Contents in which the corporate-like financial
mechanism is applied
a) Be permitted to determine the charter capital
and preserve their capital;
b) Be permitted to take out loans, mobilize capital
and make outward investments according to legal regulations;
c) Manage, use and set aside an amount of
depreciation of fixed assets in accordance with regulations applicable to
enterprises;
d) Manage revenues and expenses and distribute
profits; implement the accounting and statistical policies in the same manner
as an enterprise.
3. Public administrative units are obliged to meet
requirements set out in Clause 1 of this Article, develop the project to adopt
the corporate-like financial mechanism, and report to Ministries, central
organs and local authorities to call for approval under the delegated
authority.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Ministries and central organs shall consider
deciding on which affiliated public administrative units are entitled to apply
the corporate-like financial mechanism after obtaining written opinions from
the Ministry of Finance and provincial People’s Committees (or the inferior regulatory
agency within their delegated authority) on considering the decision affiliated
public administrative units entitled to apply the corporate-like financial
mechanism after written opinions are obtained from local finance organs.
Pursuant to regulations laid down in Clause 1 of
this Article, Ministries, central organs and provincial People's Committee
within their delegated authority shall direct public administrative units to
review and sketch out the roadmap whereby eligible public administrative units
will be entitled to apply the corporate-like financial mechanism.
Article 22. Responsibilities
of Ministries, central organs and provincial People’s Committees
1. Pursuant to regulations laid down in this
Decree:
a) Ministries such as the Ministry of Education and
Training, the Ministry of Labor, War Invalids and Social Affairs, the Ministry
of Culture, Sports and Tourism, the Ministry of Information and Communications,
the Ministry of Health, the Ministry of Science and Technology, shall preside
over, cooperate with the Ministry of Finance and the Ministry of Home Affairs
as well as other relevant Ministries or agencies in making and requesting the
Government to amend and issue the Decree on stipulating the mechanism for
exercising the autonomy of public administrative units categorized by specific
sectors.
b) The Ministry of Finance shall preside over and
collaborate with the Ministry of Home Affairs, other relevant Ministries or
organs in making and requesting the Government to introduce the Decree on
stipulating the mechanism for exercising the autonomy of public administrative
units in the economic administrative sector and others.
2. Ministries, central organs and provincial
People’s Committees, depending on scope of their delegated management, functions
and assigned duties, shall be permitted to review, amend, supplement or
introduce quality criteria, standards, mechanism for supervision, assessment
and inspection of public administrative service quality, performance of public
administrative units; carry out inspection, examination and handling of
violations concerning rendering of public administrative services and organize
activities of implementation of other contents relating to responsibilities for
state management of public administrative services and public administrative
units as stipulated in Article 4 hereof.
3. In 2015, Ministers and Heads of central organs
shall assume the following responsibilities:
a) Request the Prime Minister to introduce the
planning on networks of public administrative units categorized by industries
or sectors, and the list of public administrative services funded by the state
budget within their jurisdiction;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. In 2015, the Ministry of Home Affairs shall be
responsible for providing guidance on establishment and operation of the
management board; providing guidance on principles and method of determining
job positions, and authority, process and procedure for deciding the number of
job positions; providing instructions for public administrative units which
have not already specified job positions and public servant categorization by
professional titles to determine the number of employees on the basis of
average manning requirements in the previous year.
5. The Ministry of Finance shall be responsible for
changing the method for allocating estimated budgets to public administrative
units in relevance to the mechanism for financial autonomy stipulated in this
Decree.
6. The Presidents of the provincial People’s
Committees shall, within their delegated authority, be responsible for
promulgating the followings in 2015: the planning for the network of public
administrative units categorized by sectors; the list of public administrative
services funded by the state budget; economic - technical norms applied in
public administrative service sectors which serves as the basis for introducing
public administrative service price by applying the full cost pricing method,
and regulations laid down in Article 4 hereof.
Article 23. Responsibilities
of Heads of public administrative units
1. Bear responsibility to the direct superior
regulatory agency and take legal liability for decisions on exercising autonomy
concerning duties, organizational personnel and financial structure of their
public administrative units.
2. Ensure that public administrative services meet
accepted standards or requirements stipulated by competent authorities.
3. Formulate and implement the rules and
regulations on internal expenses, asset use, grassroots-level democracy,
financial disclosure and internal audit in accordance with applicable
regulations.
4. Organize, manage and use public servants in
accordance with laws on public servants.
5. Manage, preserve and develop capital and assets
allocated by the State, implement the regulations on accounting, statistics and
information, operational reporting and audit in accordance with applicable
regulations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
7. Implement regulations on operational disclosure
and accountability of their public administrative units in accordance with
legal regulations.
Article 24. Effect
1. This Decree shall enter into force since April
6, 2015 and replace the Government’s Decree No. 43/2006/NĐ-CP dated April 25,
2006 on stipulating the autonomy and responsible autonomy to task performance,
organizational, personnel and financial structure of public administrative
units; serve as the basis for making the Decree on stipulating the mechanism
for exercising the autonomy of public administrative units in each sector.
2. While the Decree on stipulating the mechanism
for exercising the autonomy of public administrative units categorized by
specific sectors in accordance with regulations laid down in Clause 1 of this
Article have not been promulgated or amended yet, public administrative units
by specific sectors shall be continued to follow the mechanism for exercising
the autonomy in accordance with regulations laid down in the Government’s
Decree No. 43/2006/NĐ-CP dated April 25, 2006 on stipulating the autonomy,
responsible autonomy for task performance, organizational, personnel and
financial structure of public administrative units; the Government’s Decree No.
115/2005/NĐ-CP dated May 9, 2005 on stipulating the autonomy, responsible
autonomy of public science and technology organizations and the Government’s
Decree No. 96/2010/NĐ-CP dated September 20, 2010 on amendments to several
articles of the Government’s Decree No. 115/2005/NĐ-CP; the Government’s Decree
No. 85/2012/NĐ-CP dated October 15, 2012 on operational and financial mechanism
of public administrative units and the price of healthcare services applied to
public healthcare establishments.
3. The Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, and Presidents of People’s Committees
of central-affiliated cities and provinces, shall be responsible for
implementing this Decree./.
PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66