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THE MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.29/1999/TT-BTC
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Hanoi, March 19,
1999
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CIRCULAR
GUIDING THE IMPLEMENTATION OF FINANCIAL
PUBLICITY WITH REGARD TO FUNDS
HAVING REVENUES FROM PEOPLE'S CONTRIBUTIONS
In furtherance of Decision No.225/1998/QD-TTg of
November 20, 1998 of the Prime Minister promulgating the Regulation on
financial publicity with regard to the State budget at all levels, all budget
drafting units, State enterprises and funds with revenues from people’s
contributions, the Finance Ministry guides the implementation of financial
publicity with regard to funds having revenues from people’s contributions as
follows:
I. FINANCIAL PUBLICITY WITH REGARD TO FUNDS HAVING
REVENUES FROM PEOPLE'S CONTRIBUTIONS
1. Contents to he publicized:
1.1. The head of the administrative agency
competent to allow the establishment of a fund shall make public the following
contents:
a/ Documents on the fund’s purposes, the
regulations on the fund’s operation, the use purposes of the fund’s revenues,
the conditions, criteria, interests and obligations of the fund beneficiaries;
b/ Documents announcing fund contributors, forms
of contribution and level of contribution by each subject; subjects entitled to
exemption or reduction and the levels thereof ( applicable to funds with
revenues being compulsory contributions;
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a/ Lists of organizations and individuals that
have made contributions or provided aid to the fund and their contributed
amounts.
b/ The fund’s quarterly and annual settlement of
account according to each revenue-expenditure content already ratified.
2. Form of publicity: Posting at the
funds’ offices and publicly announcing at direct meetings with the
organizations and individuals that have made contributions or provided aid to
the funds.
3. The time for publicity:
3.1. Making public the contents mentioned in
Part I, Clause 1, Point 1.1, Item a before mobilizing contributions and
campaigning for aids from organizations and individuals.
3.2. Making public the contents mentioned in
Part I, Clause 1, Point 1.1, Item b at least 15 days before the implementation
thereof.
3.3. Making public the contents mentioned in
Part I, Clause 1, Point 1.2, Item a 15 days after the end of each operation
period of the fund.
3.4. The settlement of the fund’s revenues and
expenditures and the results of the use of the fund shall be made public as
follows:
- 15 days after the end of a quarter for the
quarterly settlement of accounts and the results of the quarterly use of the
fund.
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II. THE FINANCIAL PUBLICITY FOR THE PROCESS
OF MOBILIZING PEOPLE'S CONTRIBUTIONS FOR INVESTMENT IN THE CONSTRUCTION OF
INFRASTRUCTURAL WORKS IN COMMUNES AND DISTRICT TOWNS
1. Contents to be made public: For each
infrastructural construction project using people�s contributions, the president of the
commune/district town People’s Committee shall make public the followings
contents:
1.1. The investment undertaking, the purposes of
mobilizing people’s contributions for investment in the construction of
projects;
1.2. The project’s estimate already ratified by
the competent level;
1.3. Sources of investment capital for the
projects, including the source of mobilized capital contributed by people,
being calculated for the entire project or separately for each project item (if
any);
1.4. The documents announcing the contributors,
form and level of contribution for each of them, and subjects entitled to
exemption or reduction and the level thereof;
1.5. The reports on final settlement of the
capital and the use of capital for projects and measures to handle the unused
revenues or the capital deficit against the expenditures on the investment in
the projects;
1.6. The reports on the results of test for
acceptance of the volume and quality of the projects and the approved reports
on the final settlement of the projects;
1.7. For capital construction projects (project
items) opened to bidding according to the current Regulation on Bidding, the
chairman of the bid evaluation council shall make public the following
contents:
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b/ The list of contractors participating in the
bidding; the list of contractors fully meeting the conditions for participation
in the bidding; norms of selecting bids in various bidding rounds;
c/ The results of bid selection: contractors
participating in the final bidding, evaluation of the contractors’ capability
to meet the bid-selecting norms, the bid winner;
2. Form of publicity: Posting up at the
offices of the People’s Committees of communes or district townships and
announcing at direct meetings with the commune or district township population.
3. The time for publicity:
a/ Making public the investment undertaking, the
purposes of mobilizing people’s contributions, estimates for construction of
projects, source of investment capital for the projects, subjects to be
mobilized, form of mobilization and level of contribution for each mobilized
subject mentioned in Part II, Clause 1, Point 1.1, Point 1.2. Point 1.3 and
Point 1.4 to the people at least 15 days before the implementation thereof.
b/ Making public the contents mentioned in Part
II, Clause 1, Point 1.5 within 15 days after the final settlement of accounts
is ratified.
- Making public the contents prescribed in Part
II, Clause 1, Point 1.6 within 15 days after the reports are ratified.
c/ With regard to bidding for project
construction:
- Making public the contents prescribed in Part
II, Clause 1, Point 1.7, Item a, 15 days before the bid opening;
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- Making public the contents prescribed in Part
II, Clause 1, Point 1.7, Item c, two days after the bidding result is
available.
III. REPLYING TO THE QUESTIONING
1. The heads of the administrative bodies
competent to allow the setting up of the funds, heads of the fund’ management
boards (or the fund account’s holder), presidents of the People’s Committees of
communes and district townships where people are mobilized to contribute to the
investment in the infrastructural construction, and chairmen of the bid
evaluation councils shall have to answer questions about the publicized
contents according to their responsibility prescribed in this Circular.
The reply to questioning shall be effected
through the forms of sending official dispatches to the questioners or direct
meetings between parties concerned.
2. Replies must be given to questioners within 5
days after receiving the questions. In cases where the questioned content is
complicated, requiring more time to prepare the answer, the specific date of
reply must be made to the questioner but shall not be more than 20 days after
the receipt of the questioned content.
3. The contents of questions and the replies
thereto must be made public together with the financial publicity contents to
subjects receiving public information as follows:
- For funds with revenues from people’s
contributions, they shall be made public at meetings between the funds and
organizations as well as individuals that have contributed or provided aids to
the funds, and be posted up at the funds’ offices.
- For cases where people’s contributions are
mobilized for investment in the construction of infrastructures in communes and
district townships, announcement thereon shall be made at the local population’s
meetings on mobilization of contributions to the investment in the construction
of such infrastructural works (if any), and postings made at the offices of the
commune and district township People’s Committees.
IV. ORGANIZATION OF IMPLEMENTATION
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2. The presidents of the People’s Committees of
the provinces and centrally-run cities shall have to guide the implementation
of financial publicity for funds with revenues from the local people’s
contributions and activities campaigning for people’s contributions to investment
in the construction of infrastructure in communes and district townships.
The heads of the administrative bodies competent
to allow the setting up of funds, heads of the management boards (or account
holders) of the funds having revenues from people’s contributions and the
presidents of the commune and district township People’s Committee shall have
to implement the provisions in this Circular.
FOR THE FINANCE
MINISTER
VICE MINISTER
Tran Van Ta