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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
38/2000/QD-TTg
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Hanoi,
March 24, 2000
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DECISION
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE PRIME MINISTER’S DECISION
No.531/TTg OF AUGUST 8, 1996 ON THE MANAGEMENT OF NATIONAL TARGET PROGRAMS
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to Decision No.531/TTg of August 8, 1996;
Pursuant to Decision No.05/1998/QD-TTg of January 14, 1998;
At the proposals of the Minister of Planning and Investment and the Minister of
Finance,
DECIDES:
Article 1.-
To amend and supplement a number of articles of the Prime Minister’s Decision
No.531/TTg of August 8, 1996 on the management of national target programs as
follows:
1. Clause 3, Article 6 is
amended into the following new Clause 3, Article 6:
Determining the program’s total
capital amount, which shall include a reserve fund to cover expenses for the
tasks of solving scientific and technological issues in direct service of the
program as well as tasks extraordinarily arising in the course of implementing
the program and be divided into annual capital amounts, and as well as
orientations for mobilizing various sources of capital.
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- Annually, the funds for
implementation of national target programs shall be incorporated in the Central
Budgets expenditure estimates. The Ministry of Finance shall allocate funds
directly to the ministries and central-level agencies for performing tasks of
centrally-managed programs and allocate targeted supplementary funds to the
provinces and centrally-run cities for performing tasks of locally-managed
programs (excluding loans for job creation within the national target program
for employment till the year 2000, which shall be allocated through the State
Treasury’s system). The management of expenditures and settlement of funds of
national target programs shall be carried out according to the provisions of
the State Budget Law and the documents guiding such Law;
- Quarterly and annually, the
ministries, the central-level agencies, and the provinces and centrally-run
cities shall report the result of implementation of national target programs in
the year (including the work volume, tasks and funding performed and disbursed
in the reporting period) to the program managing agencies, the Ministry of
Planning and Investment and the Ministry of Finance.
3. Article 17 is amended into
the following new Article 17:
Tasks of the agencies managing
national target programs:
- To assume the prime
responsibility and coordinate with the concerned ministries, the central-level
agencies and the provinces and centrally-run cities in organizing the formulation
of programs and projects according to their respective tasks assigned by the
Government, then send them to the Ministry of Planning and Investment and the
Ministry of Finance for evaluation before submitting them to the Prime Minister
for ratification.
- To set up management boards of
national target programs to assist the heads of the agencies managing and
organizing the implementation of such programs and to dissolve them upon the
conclusion of such target programs. The program manager shall be a leading
official of a ministry or a central-level agency; the management board’s
members shall include competent representatives of such sections as: planning,
finance and other relevant sections. The Regulation on operation of a national
target program’s management board shall be decided by the program managing
agency in compliance with this Decision’s provisions. The operation fund of the
program management board shall be incorporated in the regular operation fund of
the program managing agency as a separate item for implementation;
- With regard to national target
programs of special importance which require the participation of officials
from various ministries and central-level agencies in their management boards,
the composition of such program management boards and their operation
regulations shall be decided by the Prime Minister;
- Annually, the program managing
agencies shall have to work out target plans and estimate funding demands for
implementation of their programs, then send them to the Ministry of Planning
and Investment and the Ministry of Finance for synthesization and submission
thereof to the Government. Basing themselves on the total funding level of
programs already approved by the competent authorities, the program managing
agencies shall assume the prime responsibility for estimating the funding
allocations to the ministries, central-level agencies and provinces and
centrally-run cities according to the approved targets and tasks, then send
such estimates to the Ministry of Planning and Investment and the Ministry of
Finance for synthesization and submission thereof to the Prime Minister for
decision;
- To coordinate with the
functional agencies in managing the programs’ funding sources strictly
according to the regulations;
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- To assume the prime
responsibility and coordinate with the functional agencies in formulating
mechanisms and policies, and providing professional guidance to the ministries,
central-level agencies, provinces and centrally-run cities as basis for
implementation;
- To direct, urge, inspect and
appraise the implementation of national target programs by the ministries,
central-level agencies, provinces and centrally-run cities.
4. Article 18 is amended into
the following new Article 18:
The People’s Committees of the
provinces and centrally-run cities are tasked to:
- Perform the tasks prescribed
at Point b, Clause 2, Article 2 of the Prime Minister’s Decision
No.05/1998/QD-TTg of January 14, 1998 on the management of national target
programs;
- Set up steering boards of
national target programs of their respective localities to assist them in
working out plans for, integrating and organizing the management of the
implementation of such national target programs in their localities. The head
of each steering board shall be a leading official of the People’s Committee of
the province or centrally-run city. The steering board’s standing body shall be
the provincial/municipal Planning and Investment Service, while its members
shall include representatives of leaderships of the concerned
provincial/municipal services, departments and/or branches. Each province or
centrally-run city shall set up only one steering board for general management
of all national target programs implemented in its locality. Operation fund of
the program steering board shall be covered by the local budget.
Article 2.-
The assignment of plan criteria and norms of national target programs:
- The Prime Minister shall
assign to the ministers, the heads of the central-level agencies and the
presidents of the provinces and centrally-run cities the total funding norms of
all national target programs, including capital construction funding and public
service funding;
- The Prime Minister shall
authorize the Minister of Planning and Investment to assign to the ministries,
central-level agencies and People’s Committees of the provinces and
centrally-run cities the guiding norms in respect of targets and tasks of each
program implemented in their respective localities;
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- The program managing agencies
shall guide professional tasks and coordinate with the Ministry of Finance in
guiding the expenditure norms therefor, so that the concerned provinces and
cities can take initiative in performing them; they shall neither assign plans
nor notify the programs’ funding to their subordinate bodies in the provinces
and cities.
Article 3.-
This Decision takes effect as from January 1st, 2000.
The targets of the previous
national programs, which were prescribed in Official Dispatch No.04/CP-VX of
January 4, 1999 and Decision No.19/1998/QD-TTg of January 24, 1998 of the Prime
Minister, shall continue to be eligible for the financial mechanism under this
Decision till the end of 2000. From 2001 on, the ministries, central-level
agencies, provinces and centrally-run cities shall allocate annual regular
funds for their implementation.
Article 4.-
The ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decision.
FOR THE PRIME
MINISTER
DEPUTY PRIME MINISTER
Pham Gia Khiem