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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 163/2016/ND-CP
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Hanoi, December
21, 2016
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DECREE
ON
GUIDELINES FOR THE LAW ON STATE BUDGET
Pursuant to the Law on Government organization
dated June 19, 2015;
Pursuant to the Law on State budget dated June
25, 2015;
At the request of the Minister of Finance;
The Government promulgates a Decree on
guidelines for the Law on State budget.
Chapter I
GENERAL PROVISIONS
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1. Scope:
a) This Decree provides guidelines for the Law on
State budget in terms of making estimates; collecting revenues; controlling
budget expenditures; state budget management according to achievement of
objectives; budget statement; rules, conditions, and competence to recover
advances, expenditures carried over to the next year’s budget, using budget
reserve; using financial reserve fund; publishing of state budget, supervision
of state budget by the public and other contents as prescribed in the Law on
State budget;
b) 5-year financial plans, 3-year state
budget-finance plans; management and use of budget for some fields related to
national defense and security, diplomacy; some special budget-finance policies
applied to some provinces and central-affiliated cities; state fund management;
regulation on consideration and decision of estimate and allocation of local
government budgets, and approving local government budgets as prescribed by the
Government.
2. Regulated entities:
a) Regulatory agencies, political organizations,
and socio-political organizations;
b) Socio-political-professional organizations,
social organizations, socio-professional organizations supported by the state
budget under tasks given by the State;
c) Public service agencies;
d) Other organizations or individuals relevant to
state budget.
1. Taxes paid by organizations and individuals as
prescribed in laws on taxation.
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3. Collected charges for services provided by
central regulatory agencies; if the fixed operating expenditures are
determined, the charges may be deducted.
4. Collected charges for services provided by
central public service agencies and state-owned enterprises after being
deducted to cover expenditures as prescribed by law.
5. Amounts payable to State budget from economic
activities of the State, including:
a) Profits distributed to home country and other revenues
from petroleum exploration and extraction;
b) Recovery of investment by the State in business
entities;
c) Revenues from distributed dividends and profits
of joint-stock companies, multi-member limited liability companies that have
state capital;
d) Revenues from post-tax profit that remains after
making contributions to various funds of state-owned enterprises;
dd) Positive difference between revenue and
expenditure of the State bank of Vietnam;
e) Recovery of loans of State (including principal
and interest), other than foreign loans of the Government.
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7. Revenues from selling state-owned property,
including revenues from transfer of land use right, change of purpose of land
use under the management of the State.
8. Land levies; land rents, water surface rents;
sea-area use levies; rents and proceeds from the sale of state-owned houses.
9. Revenues from property under the State
ownership; revenues from issuance of mining right or issuance of the right to
exploit water resources.
10. Fines for administrative violations and other
fines, confiscations as prescribed by law.
11. Voluntary contribution of domestic and foreign
organizations and individuals.
12. Grant aid provided by governments of other
countries, overseas organizations and individuals for Vietnam’s State,
Vietnam’s government and local governments of Vietnam.
13. Revenues from financial reserve fund as
prescribed in Article 11 of the Law on State budget.
14. Other revenues prescribed by law.
Article 3. State budget
expenditures
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a) Capital expenditure on projects of the fields
mentioned in Clause 3 of this Article;
b) Investment in and support of capital for
enterprises providing public services and products ordered by the State;
business organizations and central and local financial institutions; investment
of state capital in enterprises prescribed by law;
c) Other capital expenditures prescribed by law.
2. Expenditure on national reserve.
3. Recurrent expenditures in the following fields:
a) Defense;
b) Social safety, security, and order;
c) Education and vocational training;
d) Science and technology;
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e) Culture and information;
g) Radio, television, and the press;
h) Sports;
i) Environmental protection;
k) Economic activities;
l) Operation of regulatory agencies, the Communist
Party of Vietnam and socio-political organizations, including: Committee of Vietnamese Fatherland Front,
Confederation of Labor of Vietnam, Communist Youth Union of Ho Chi Minh City,
Vietnam Veterans Association, Vietnam Women's Union, Vietnam Farmers' Union;
support for operation of socio-political-professional organizations, social
organizations, socio-professional organizations as prescribed by law;
m) Expenditures on social security, including
expenditures on support for implementation of social policies as prescribed by
law;
n) Other recurrent expenditures prescribed by law.
4. Payment of interests, charges and other expenses
associated with the loans taken by the Government or government of provinces.
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6. Grant of loans prescribed by law.
7. Provision of additional funding for financial
reserve fund.
8. Expenditures carried over to next year’s budget.
9. Provision of additional funding for budget
balancing, provision of dedicated additional funding for inferior budgets from
the superior budget.
Article 4. State budget deficit
1. The State budget deficit includes deficit of the
central government budget and deficit of provincial budgets:
a) Central government budget deficit is the
positive difference between total central government budget expenditure and
total central government budget revenue in a budget year;
b) Provincial budget deficit is total deficit of
budget of each central-affiliated city or province, which is the positive
difference between total budget expenditure and total budget revenue of every
province in a budget year.
2. Central government budget deficit shall be
covered by the following sources:
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b) Foreign loans granted by Official Development
Assistance, concessional loans granted by governments of other countries,
financial institutions of other countries and international organizations;
issuance of Government bonds to international market, not including on-lend
loans.
3. Local government budget deficit shall be covered
by the following sources:
a) Domestic loans from issuance of municipal bonds
and other domestic loans prescribed by law;
b) On-lend loans from the Government.
4. Loans to cover budget deficit prescribed in
Clause 2 and Clause 3 of this Article do not include borrowing amounts to repay
principal.
5. Provincial budget deficit of each province is
permitted only when it meets all the regulations and conditions as follows:
a) Only provincial budget deficit because of
investment in projects under midterm public investment plans decided by the
People’s Council of the province is permitted as prescribed in Point a Clause 5
Article 7 of the Law on State budget;
b) Annual provincial budget deficit shall not
exceed the annual budget deficit decided by the National Assembly for such
province as prescribed in Point c Clause 5 Article 7 of the Law on State
budget;
c) Within 90 days from the end of the budget year
preceding the year in which the estimates are made, no overdue outstanding debt
arising from the loans payable in the budget year preceding the year in which
the estimates are made. In exceptional circumstances, the Ministry of Finance
shall request the Government to:
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dd) Loan balance of local government budget,
inclusive of loans to cover budget deficit according to the estimate shall not
exceed the loan balance prescribed in Clause 6 hereof.
6. Loan balance of local government budgets:
a) Loan balance of budgets of Hanoi and Ho Chi Minh
City must not exceed 60% of the local government budget revenue they may
retain;
b) In the administrative divisions permitted to
retain an amount of revenue higher than Recurrent expenditure of the local
government budgets, loan balance must not exceed 30% of the amount retained;
c) In the administrative divisions permitted to
retain an amount of revenue not exceeding recurrent expenditure of the local
government budgets, loan balance must not exceed 20% of the amount retained;
d) The revenue higher than or exceeding recurrent
expenditure of the local government budgets prescribed in Point b and Point c
of this Clause shall be determined according to the revenue and expenditure
estimates of the local government budgets decided by the National Assembly of
the year in which budget estimates are made, and the revenue of the local
government budgets to be retained shall be determined in accordance with Clause
1 and Clause 2 Article 15 of this Decree, not including residual revenues of
local government budget.
7. Assign the Ministry of Finance to provide
guidelines for loans and repayment of local governments.
Article 5. Payment of principal
of loans
1. Sources of repayment of loans’ principal
include:
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b) Budget surplus of central government budget and
local government budgets;
Central government budget surplus is the positive
difference between total central government budget revenue and total central
government budget expenditure in a budget year. Provincial budget surplus is
total deficit of budget of each central-affiliated city or province, which is
the positive difference between total budget revenue and total budget
expenditure of every province in a budget year;
c) Surplus of central government budget and
provincial government budgets prescribed in Clause 1 Article 72 of the Law on
State budget;
d) Revenue increase and expenditure decrease
compared with the estimates in the process of enactment of state budget
prescribed in Clause 2 Article 59 of the Law on State budget.
2. Mature principal debts must be repaid
sufficiently and on schedule according to the signed commitment and contract.
3. Principal payment must be managed and recorded
via State Treasury.
Article 6. State budget system
and relation between various levels of state budget
1. State budget consists of central government
budget and local government budgets.
2. A local government budget consists of budgets of
local authorities at various levels, in which:
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b) Budgets of districts, district-level towns,
provincial-affiliated cities, cities affiliated to central-affiliated cities
(hereinafter referred to as district budgets) include district budget and
budgets of communes, wards, and commune-level towns;
c) Budgets of communes, wards, and commune-level
towns (hereinafter referred to as commune budgets).
3. Rules for management of sources of revenue,
obligatory expenditures, and relation between various levels of state budget
shall be consistent with Article 9 of the Law on State budget.
Article 7. State budget reserve
1. In expenditure estimate of central government
budget and expenditure estimate of local government budgets, the reserve of 2%
- 4% of total budget expenditure at each level shall be built up.
2. State budget reserve is used for expenditures
prescribed in Clause 2 Article 10 of the Law on State budget.
3. The power to decide the use of central
government budget reserve:
a) With regard to expenditures of greater than VND
3 billion associated with a specific objective, the Ministry of Planning and
Investment shall take charge and cooperate with the Ministry of Finance and
relevant agencies in requesting the Prime Minister to decide capital
expenditures and expenditures under management of the Ministry of Planning and
Investment. The Ministry of Finance shall take charge and cooperate with
relevant agencies in requesting the Prime Minister to decide remaining
expenditures.
The Minister of Finance shall decide expenditures
not exceeding VND 3 billion associated with a specific objective and send
quarterly reports to the Prime Minister;
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c) Quarterly, the Ministry of Finance shall send a
report on using central government budget reserve to the Government as
prescribed in Point a and Point b of this Clause; the Government shall report
it to the Standing Committee of National
Assembly or the National Assembly at the nearest meeting.
4. During the enactment of budget, when an
objective associated with expenditures of central government budget reserve
prescribed in Clause 2 of this Article arises, Ministries, central and local
authorities shall make budget estimates and detailed presentation and send them
to the Ministry of Finance, the Ministry of Planning and Investment for
consideration within their competence, or request
the Prime Minister to consider providing additional funding for Ministries, central
and local authorities.
5. The power to decide the use of budget reserve at
localities shall be consistent with Point b Clause 3 of Article 10 of the Law
on State budget.
Article 8. Financial reserve
funds
1. Financial reserve fund is a fund of the State
established in central government and provincial government.
2. A financial reserve fund is established from the
following sources:
a) Annual budget expenditure estimate;
b) Budget surplus prescribed in Clause 1 Article 72
of the Law on State budget;
c) Revenue increase prescribed in Clause 2 Article
59 of the Law on State budget;
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dd) Other financial sources as prescribed by law.
3. The balance of the financial reserve fund at
each level must not exceed 25% the annual budget expenditure estimate that the
same level, not including expenditures from dedicated additional funding from
superior budget.
4. Financial reserve funds are used in the
following cases:
a) Advance funding to cover necessary expenditures
according to the budget expenditure estimate before aggregating enough revenue.
Such amount must be returned within the budget year;
b) In case state budget revenues or loans taken to
cover budget deficit fail to reach the estimate decided by the National
Assembly or the People’s Council, budget reserve is used up but still not
sufficient for disaster recovery, response to widespread and serious epidemics,
performance of tasks related to national defense and security, and other urgent
tasks that are unplanned, the financial reserve fund may be used. However, the
amount used in the year must not exceed 70% of the opening balance of the fund.
5. The power to use financial reserve funds:
a) With regard to central financial reserve fund,
the Minister of Finance shall decide advances of financial reserve funds to
cover expenditures prescribed in Point a Clause 4 of this Article; the Prime
Minister shall decide to use financial reserve funds for the cases prescribed
in Point b Clause 4 of this Article;
b) With regard to provincial financial reserve
funds, People's Committees of provinces shall decide to use them in the cases
prescribed in Clause 4 of this Article.
6. The Minister of Finance shall be the account
holder of central financial reserve funds. Presidents of People’s Committees of
provinces or Director of Service of Finance, in case of authorization, shall be
the account holders of provincial financial reserve funds.
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8. The financial reserve fund shall be deposited at
the State Treasury and the State Treasury shall pay interests according to
interest rates prescribed in law on state fund management.
9. The provincial budget may be advanced from
central financial reserve fund, the district budget and commune budget may be
advanced from provincial financial reserve fund and refund advances within the
budget year.
Article 9. Operating costs of
Communist Party of Vietnam and socio-political organizations
1. Operating costs of Communist Party of Vietnam
and socio-political organizations, including: Committee
of Vietnamese Fatherland Front, Confederation of Labor of Vietnam, Communist
Youth Union of Ho Chi Minh City, Vietnam Veterans Association, Vietnam Women's
Union, Vietnam Farmers' Union shall be covered by State budget according to the
rule that the State budget covers the difference between the expenditure
estimate determined according to policies and standards prescribed by competent
authorities in terms of revenue sources according to charters of these
organizations.
2. The making of budget estimates, enactment of
estimates, and statement of budget prescribed in Clause 1 of this Article shall
be carried out in accordance with the Law on State budget, this Decree and
relevant law provisions.
3. Assign the Ministry of Finance to provide
guidelines for management and use of State budget applicable to Communist Party
of Vietnam.
Article 10. Operating costs of
socio-political-professional organizations, social organizations,
socio-professional organizations
1. Socio-political-professional organizations,
social organizations, and socio-professional organizations shall cover their
own operating costs. If socio-political-professional organizations, social
organizations, socio-professional organizations are assigned to perform certain
objectives by competent authorities, their relevant operating costs shall be
covered by the State budget.
2. Supportive budget for
socio-political-professional organizations, social organizations, and
socio-professional organizations is included in the budget estimate of each
budget level which is submitted to the National Assembly or People’s Council
for decision.
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4. The Government shall provide guidelines for
support of government budget to organizations prescribed in Clause 1 of this
Article.
Article 11. State budget
management according to achievement of objectives
1. State budget management according to achievement
of objectives means the making, allocation, enactment, and statement of
government budget according to determination of budget associated with
objectives, services to be completed with quantity, number, and quality,
technical standards as prescribed.
2. Entities subject to state budget management
according to achievement of objectives are budget-using units must satisfy the
following conditions:
a) Determine quantity, number, quality, completion
time;
b) There are bases to make and allocate budget
estimates according to technical-economic limits, limits on budget expenditures
or value of objectives, services, equivalent products provided in similar
conditions (including taxes, fees and charges payable as prescribed by law);
c) There are criteria and mechanism for supervision
and assessment of performance;
d) There is a written agreement between the
authority that assigns objectives and the authority that receives objectives in
terms of management of budget according to achievement of objectives.
3. Scope of application is objectives, services,
and products that it is unable to determine requirements for quantity, number,
quality, technical standards of objectives, services, and products that are
completed and the need of budget according to the technical-economic limits,
criteria, expenditure limits decided by competent authorities.
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a) Enhance power together with intensify personal
responsibility and take legal self-responsibility imposed on the head of the
service provider;
b) Simplify procedures for state budget management
in the stage of expenditure control or statement of State budget;
c) Quantity, number, quality, technical standards,
provision time, expenditure estimate of objectives, services, and products must
equal to or higher than the method of state budget management according to
input factors;
d) Assign the Ministry of Finance to provide
guidelines for state budget management according to achievement of objectives.
Article 12. Off-budget
financial fund
1. Off-budget financial fund is a fund established
as prescribed in Clause 19 Article 4 of the Law on State budget.
2. State budget does not cover operating costs of
off-budget financial funds.
3. According to state budget’s capacity, an
off-budget financial fund only has its charter capital supported by state
budget only when the conditions are satisfied:
a) It is established and operating in accordance
with law;
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c) Its sources of revenue and obligatory
expenditures do not coincide with those of state budget.
4. Off-budget financial funds and fund management
agencies must comply with the Law on State budget and regulations of this
Decree in terms of making, enactment, statement, and auditing of state budget
regarding the amounts supported by state budget.
5. Annually, fund management agencies under
management of the central government shall send reports on implementation of
the current financial plan, the next-year financial plan and statement of
receipts and expenditures to the Ministry of Finance for consolidating and
sending them to the Government; the Government shall report those reports in
conjunction with estimate reports and statements of State budget thereafter;
fund management agencies under management of the local governments shall send
reports on implementation of the current financial plan, the next-year
financial plan and statement of receipts and expenditures to the Service of
Finance for consolidating and sending them to the People’s Committee; the
People’s Committee shall report those reports in conjunction with estimate
reports and statements of local government budget.
6. Fund management agencies of off-budget financial
funds at the central government shall take charge and cooperate with the
Ministry of Finance in providing reports for the Government; the Government
shall give explanation to the National Assembly upon request thereafter; fund
management agencies of off-budget financial funds at the local government shall
take charge and cooperate with the Service of Finance in providing reports for
the People’s Committee of province; ; the People’s Committee of province shall
give explanation to the People’s Council upon request thereafter.
Chapter II
BUDGET MANAGEMENT
DECENTRALIZATION AND RELATION BETWEEN VARIOUS LEVELS OF STATE BUDGET
Article 13. Sources of revenue
of central government budget
1. The following revenues are wholly retained by
central government budget:
a) VAT on imported goods;
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c) Special excise tax on imported goods, including
special excise tax on imported goods continuously sold in domestic market by
the import business entity;
d) Environmental protection tax on imported goods;
dd) Severance tax, corporate income tax,
value-added tax, profits distributed to home country, charges, water surface
rents, taxes, charges and other revenues from petroleum exploration and
extraction;
e) Grant aid provided by the government of other
countries, international organizations, other overseas organizations and
individuals for Vietnam’s government;
g) Collected charges for services provided by
central regulatory agencies, if the competent authority permits the fixed
operating costs, collected charges may be deducted. Collected charges for
services provided by central public service agencies and state-owned
enterprises under management of central regulatory agencies may be partly or
wholly retained to cover expenses as prescribed by law;
h) Fees collected by regulatory agencies, except
for license fees prescribed in Point g and registration fees prescribed in
Point h Clause 1 Article 15 of this Decree;
i) Fines for administrative violations and other
fines, confiscations collected by central regulatory agencies;
k) Revenues from selling state-owned property,
including revenues from transfer of land use rights associated with property on
land, change of purpose of land use under the management of regulatory
agencies, political organizations, socio-political
organizations, public service providers, single-member limited liability
companies whose owner is the State or enterprises whose stakes are partly held
by central government before their equitization, restructuring and other
organizations under management of central government,
l) Revenues from property under the State ownership
under the management of central organizations and units, excluding costs as
prescribed by law;
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n) Revenues from charges for granting mineral
extraction right, granting right to exploit water resources which central
government budget may retain as prescribed by law;
o) Charges for use of sea areas within competence
of central government;
p) Positive difference between revenue and
expenditure of the State bank of Vietnam;
q) Revenues from central financial reserve fund;
r) Revenues from surplus of central government
budget;
s) Revenues carried over from last year’s budget of
central government budget;
t) Other revenues prescribed by law.
2. Revenues distributed between central government
budget and local government budgets (%):
a) Value-added tax, including value-added tax of
sub-contractor arising from services for exploration and extraction of oil and
gas; excluding value-added tax prescribed in Point a and Point dd Clause 1 of
this Article;
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c) Personal income tax;
d) Special excise tax, except for that mentioned in
Point c Clause 1 of this Article;
dd) Environmental protection tax, except for that
mentioned in Point d Clause 1 of this Article. With regard to environment
protection tax on domestically produced oil and gas, the revenues shall be
determined according to the production sold on the market by the central
enterprise and density of total domestic oil production and total imported
production. The Ministry of Finance is assigned to provide guidance on this
regulation.
Article 14. Obligatory
expenditures of central government budget
1. Capital expenditure:
a) Investment in capital construction for programs
and projects of other Ministries, ministerial agencies, Governmental agencies,
and other central regulatory agencies of the fields prescribed in Clause 3 of
this Article;
b) Investment in and support of capital for
enterprises providing public services and products ordered by the State;
business organizations and financial institutions under management of central
regulatory agencies; investment of state capital in enterprises prescribed by
law;
c) Other capital expenditures prescribed by law.
2. Expenditure on national reserve.
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a) Defense;
b) Social security, order and safety;
c) Education and vocational training;
d) Science and technology;
dd) Healthcare, population, and families;
e) Culture and information;
g) Radio, television, and the press;
h) Sports;
i) Environmental protection;
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l) Operation of regulatory agencies, Communist
Party of Vietnam; the Central Committee of Vietnamese
Fatherland Front, Vietnam General Confederation of Labor, Central Committee of
Communist Youth Union of Ho Chi Minh City, Central Committee of Communist Youth
Union of Ho Chi Minh City, Central Committee of Vietnam Veterans Association,
Central Committee of Vietnam Women's Union, Central Committee of Vietnam
Farmers' Union;
m) Support for operation of
socio-political-professional organizations, social organizations,
socio-professional organizations in the central government as prescribed by
law;
n) Expenditures on social security, including
expenditures on support for implementation of social policies as prescribed by
law;
o) Other recurrent expenditures prescribed by law.
4. Payment of interests, charges and other expenses
associated with the loans taken by the Government.
5. Provision of aid.
6. Grant of loans prescribed by law.
7. Provision of additional funding for central
financial reserve fund.
8. Expenditures of central government budget
carried over to next year’s budget.
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Article 15. Sources of revenue
of local government budgets
1. The following revenues are wholly retained by
local government budgets:
a) Resource royalty, except for that on petroleum
exploration and extraction;
b) Levies on agricultural land;
c) Levies on non-agricultural land;
d) Land levies;
dd) Land rents, water surfaces rents, except for
those on petroleum exploration and extraction;
e) Revenue from lease and sale of state-owned
housing;
g) License fees;
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i) Revenues from lottery, including electronic
lottery;
k) Recovery of investment by local government
budgets in business organizations (including principal and interests); revenues
from distributed dividends and profits of joint-stock companies, multi-member
limited liability companies that have state capital and ownership of which is
represented by the People’s Committee of the province and central-affiliated
city (hereinafter referred to as province); revenues from post-tax profit that
remains after making contributions to various funds of state-owned enterprises
whose ownership is represented by the People’s Committee of the province;
l) Revenues from selling state-owned property,
including revenues from transfer of land use rights associated with property on
land, change of purpose of land use under the management of regulatory
agencies, political organizations, socio-political organizations, public
service providers, single-member limited liability companies whose owner is the
State or enterprises whose stakes are partly held by local government budget
before their equitization, restructuring and other organizations under
management of local government;
m) Grant aid provided by international
organizations, other organizations, overseas individuals to local governments;
n) Collected charges for services provided by local
regulatory agencies, if the competent authority permits the fixed operating
costs, collected charges may be deducted. Collected charges for services
provided by local public service agencies and state-owned enterprises under
management of local regulatory agencies may be partly or wholly retained to
cover expenses as prescribed by law;
o) Fees collected by local regulatory agencies;
p) Fines for administrative violations and other
fines, confiscations collected by local regulatory agencies;
q) Revenues from property under the State ownership
under the management of local organizations and units, excluding costs as
prescribed by law;
r) Revenues from charges for granting mineral
extraction right, granting right to exploit water resources which local
government budget may retain as prescribed by law;
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t) Revenue from public land and other public
benefits;
u) Contributions by other organizations and
individuals as prescribed by law.
v) Revenues from local financial reserve funds;
x) Surplus of local government budgets;
y) Other revenues prescribed by law.
2. Revenues distributed between central government
budget and local government budgets (%) are specified in Clause 2 Article 13 of
this Decree.
3. Provision of additional funding for budget
balancing, provision of dedicated additional funding by central government
budget.
4. Revenues carried over from last year’s budgets
local governments.
Article 16. Obligatory
expenditures of local government budget
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a) Investment in capital construction for
projects/programs under the management of local governments of the fields
mentioned in Clause 2 of this Article;
b) Investment in and support of capital for
enterprises providing public services and products ordered by the State;
business organizations and local financial institutions; investment of state
capital in enterprises prescribed by law;
c) Other capital expenditures prescribed by law.
2. Recurrent expenditures of local organizations
and units are classified into the following fields:
a) Education and vocational training;
b) Science and technology;
c) Social safety, security, and order under the
management of local governments;
d) Healthcare, population, and families;
dd) Culture and information;
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g) Sports;
h) Environmental protection;
i) Economic activities: Agriculture, forestry,
irrigation, aquaculture; transportation; resources; planning; commerce and
tourism; urban reconstruction activities; other economic activities;
k) Operation of regulatory agencies, Communist
Party of Vietnam; the Central Committee of Vietnamese Fatherland Front,
Communist Youth Union of Ho Chi Minh City, Vietnam Veterans Association,
Vietnam Women's Union, Vietnam Farmers' Union in local governments;
l) Support for operation of
socio-political-professional organizations, social organizations,
socio-professional organizations in the local government as prescribed by law;
m) Expenditures on social security, including
expenditures on support for implementation of social policies as prescribed by
law;
n) Other recurrent expenditures prescribed by law.
3. Payment of interests, charges and other expenses
associated with the loans taken by government of provinces.
4. Provision of additional funding for local
financial reserve funds.
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6. Provision of additional funding for budget
balancing, provision of dedicated additional funding for inferior budgets.
Article 17. Rules for
classifying sources of revenues and obligatory expenditures between various
levels of local government budgets
1. In consideration of the sources of revenue and
obligatory expenditures of local government budget prescribed in Article 15 and
Article 16 of this Decree, the People’s Council of the province shall decide
specific distribution of sources of revenue and obligatory expenditures between
various levels of local government budgets as follows:
a) The distribution must suit the socio-economic
and national defense of objectives with regard to each field, economic,
geographical characteristics, population, and managerial capacity of each area;
b) Budgets of communes are funded from levies on
non-agricultural land; license tax paid by business households and individuals;
levies on agriculture land paid by households; registration fees on land and
housing; levies on non-agricultural land; license tax paid by household
businesses and individuals; levies on agriculture land paid by households;
registration fees on land and housing;
c) Expenditures on science research and technology
are not obligations of budgets of districts and communes. Expenditures on
technology application and transfers are obligations of budgets of districts
and communes;
d) Obligatory expenditures of budgets of towns and
cities of province must include investment in public schools, lighting
electricity, water supply and drainage, urban transport, urban hygiene, and
other public facilities.
2. Depending on the ratio of revenues distributed
by the National Assembly or the Prime Minister revenues wholly retained by
local government budgets, the People’s Council of the province shall decide the
ratio of revenues distributed between various levels of local government
budgets. Regarding revenues distributed between central government budget and
local government budgets, the ratio of revenues distributed between various
levels of local government budgets shall not exceed the ratio decided by the
National Assembly or the Prime Minister in each province.
3. The Ministry of Finance is assigned to provide
guidelines for budget management and other financial activities of communes,
wards, and district-level towns.
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1. Ratio of distribution of revenues between
central government budget and local government budgets is determined to ensure
that the revenue sources of local government budget is balanced with obligatory
expenditures. If a province that may wholly retain revenues distributed between
central government budget and local government budgets, but obligatory
expenditures as prescribed are greater than the retained local budget revenues,
the central government budget shall provide additional funding in proportion to
the deficit between revenue sources and obligatory expenditures.
2. Ratio of distribution of revenues between
various levels of local government budgets is determined to ensure that the
revenue sources is balanced with obligatory expenditures. According to the
actual condition of a province, the People’s Council of province shall both
classify distributed revenues and provide additional funding for budgets of
districts, district-level towns, provincial-affiliated cities, and cities
affiliated to central-affiliated cities.
3. Ratio of distribution of revenues and additional
funding are determined in consideration of calculation of revenue sources and
obligatory expenditures of each level of budget according to criteria for population,
natural conditions, socio-economic conditions of each areas, especially remote
areas, areas having military bases, areas of ethnic minorities, disadvantaged
areas and extremely disadvantaged areas; areas with large-scale paddy
production; areas of protection forests, specialized forests; key economic
areas;
4. Ratio of distribution of revenues generally
applies to all revenues distributed between central government budget and local
government budgets. Revenues distributed between various levels of local
government budgets shall be decided by the People’s Council of province.
Article 19. Additional funding
from superior budget
1. The Government shall request the National
Assembly to decide additional funding from central government budget to each province’s
budget. The People’s Committee shall request the People's Council at the same
administrative level to decide additional funding from provincial budget to
inferior budget.
2. Additional funding for balancing budget is
provided for inferior budget to enable inferior government to assure
achievement of socio-economic, national defense and security objectives. In
years of the stability period, in consideration of the capacity of the superior
budget, the competent authority may decide increase in additional funding for
balancing budget from the superior budget to inferior budgets compared to the
first year of the stability period.
3. Dedicated
additional funding is provided to enable an inferior budget to:
a) Implement new policies established by superior
agencies that is included in the budget estimate of the beginning year of the
budget stability period; specific additional funding is determined according to
expenditures and capacity of balancing of relevant budget levels;
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c) Recover from expansive epidemics and disasters
beyond the capacity of the inferior budget although budget reserve and
financial reserve fund are used as prescribed;
d) Execute some major and particularly important programs/projects
that have tremendous impact of local socio-economic development. The level of
support varies according to each program/project. The total level of supportive
capital for annual investment in development from central government budget to
local government budgets mentioned in this must not exceed 30% of total
expenditure on investment in fundamental construction of the central government
budget.
Article 20. The Ministry of
Finance’s power to promulgate policies, standards, and limits on budget
expenditures nationwide
1. Promulgate budget expenditures regarding
policies, standards, and limits decided by the Government or the Prime Minister
without specific amounts.
2. Promulgate the policies, standards, limits on
budget expenditures on various fields and sectors after reaching a consensus
with corresponding Ministries; if a consensus is not achieved, the Ministry of
Finance shall request the Prime Minister to consider and offer opinions as
prescribed in Clause 3 Article 26 of the Law on State budget.
3. Promulgate policies, standards, limits on budget
expenditures as assigned by the Government or the Prime Minister.
Article 21. People’s Councils
of provinces’ power to promulgate policies, standards, and limits on budget
expenditures nationwide
1. According to rules, criteria, and limits on
budget appropriation in local government promulgated by the Standing Committee of National Assembly, local government
budget capacity and actual condition of a province, the People’s Council of
province shall decide rules, criteria, and limits on budget appropriation in
local government as the basis for making of local budget estimates.
2. Decide policies, standards, and limits on budget
expenditures according to framework regulations of the Government.
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Within 10 working days, from the date on which a
decision is promulgated by the People’s Council of province, the People's Committee of province shall send its regulations
on budget expenditures to the Ministry of Finance and relevant Ministries and
agencies for consolidation and supervision.
Chapter III
MAKING OF STATE BUDGET
ESTIMATES
Article 22. Time for providing
instructions on making, aggregating, deciding, and giving state budget
estimates
1. Before May 15, the Prime Minister shall
promulgate regulations on making socio-economic development plans and state
budget estimates of the next year.
2. Before June 1, the Ministry of Planning and
Investment shall:
a) Promulgate Circular(s) on guidelines for
formulation on socio-economic development plan, development investment plan of
the next year;
b) Communicate checked estimate of expenditure on
development investment of State budget in the next year to each of Ministries,
ministerial-level agencies, Governmental agencies, other agencies of central
government and provinces;
c) Communicate checked estimate of expenditure on
development investment of State budget of the next year on execution of
national target programs, target programs to each of Ministries, and agencies
in charge of national target programs or target programs.
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a) Promulgate Circular(s) on guidelines for making
of state budget estimates of the next year;
b) Communicate checked estimate of state budget
with the whole revenue and each revenue, expenditure on national reserve,
recurrent expenditure for the next year to each of Ministries,
ministerial-level agencies, Governmental agencies, and other agencies of
central government;
c) Communicate checked estimate of particular
recurrent expenditures according to each field in the next year on execution of
national target programs, target programs to each of Ministries, and agencies
in charge of national target programs or target programs;
d) Communicate checked estimate of total State
budget revenue in administrative divisions, total State budget expenditures and
some important expenditures to each of provinces and central-affiliated cities
(hereinafter referred to as provinces).
4. Before June 15:
a) Ministries, ministerial-level agencies,
Governmental agencies, and other agencies of central government shall provide
guidelines for budget estimates in the next year within their scope of
management; communicate checked estimate of state budget revenue and
expenditure in the next year to each of their affiliated entities;
b) People’s
Committees of provinces shall provide guidelines for budget estimates in the
next year in provinces in conformity with requirements, contents, and time of making
state budget estimates of provinces; communicate checked estimate of budget
revenue and expenditure in the next year to each of their affiliated entities
and People’s Committees of districts; People’s
Committees of districts shall communicate estimate of budget revenue and
expenditure in the next year to each of their affiliated entities and People’s
Committees of communes.
5. Before July 20:
a) Ministries, ministerial-level agencies, Governmental
agencies, and other agencies of central government shall make estimates of
budget expenditure and revenue, allocation of budget estimates in the next year
within specific amounts in sorted fields and specific budget-using units, and
send them to the Ministry of Finance, the Ministry of Planning and Investment,
agencies in charge of the national target programs or target program (with
regard to expenditure on the national target program or target program);
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6. Before August 15, Ministries, agencies in charge
of national target programs or target programs shall take charge of making
estimates of budget expenditure and allocation of budget estimates in the next
year of the national target program or target program and send them to the
Ministry of Finance and the Ministry of Planning and Investment.
7. Before August 31, the Ministry of Planning and
Investment shall send a plan for allocation of capital expenditures of central
government budget in the next year to the Ministry of Finance for
consolidation.
8. The Ministry of Finance shall take charge,
consolidate, and make estimates of budget expenditure and revenue and
allocation of budget estimates in the next year which are reported to the
Government; the Government shall submit them to the
Standing Committee of National Assembly for opinions before September 20 as
prescribed in Clause 2 Article 44 of the Law on State budget.
9. According to opinions of agencies the National
Assembly, the Ministry of Finance shall complete the report on assessment of
enactment of current year’s state budget, state budget estimates, and
allocation of central government budget in the next year and send them to the
Government; the Government shall forward them to National Assembly deputies
within 20 days before the opening date of year-end meeting of the National
Assembly.
10. Before November 20, after the National Assembly
decides state budget estimates and allocation of central government budget, the
Prime Minister shall give estimates of budget revenue and expenditure in the
next year to each of the Ministries, ministerial agencies, Governmental
agencies, other central regulatory agencies, and provincial governments.
11. Before December 10, the People’s Councils of
provinces shall decide their budget estimates and allocation of provincial
budget of the next year. The People’s Councils at inferior levels shall decide
their local government budget estimates and budget allocation of the next year
within 10 days from the day on which the People’s Council at the superior level
decides the estimate and budget allocation.
12. Within 05 working days from the day on which
the People’s Council decides budget estimate, the People’s Committee at the same
level shall give the budget estimate of revenue and expenditure in the next
year to each of its affiliated agencies and units; send a report to the
People’s Committee and finance authority that the superior level. The People’s
Committees of provinces shall send reports on budget estimates decided by the
People’s Councils of provinces to the Ministry of Finance.
13. Before December 31, Ministries, ministerial
agencies, Governmental agencies, other central regulatory agencies, and the
People’s Committees must finish giving budget estimates to their affiliated
agencies, units and the People’s Committees at inferior levels, except for the
cases prescribed in Article 27 of this Decree.
Article 23. Making state
budget estimates at budget estimate unit and organizations funded by budget
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2. Budget-using units which are assigned to manage
budget according to achievement of objectives shall make a separate budget for
each of objectives, services and specific products. The budget estimates for
each of objectives, services and specific products shall be made according to
requirements for specific results, technical standards, completion time for
each of objectives, services and specific products; technical-economic limits,
limits on budget expenditures according to applicable regulations or value of
objectives, services, equivalent products provided in similar conditions.
3. The superior agencies (other than budget
estimate units level I) shall consider and consolidate estimates of their
inferior units and send them to budget estimate units level I.
4. Organizations funded by State budget shall make
estimates of budget revenue and expenditure within their assigned objectives
and send them to finance authorities and planning and investment authorities at
the same administrative level.
5. Budget estimate units level I shall consider
estimates made by their inferior units, consolidate and make estimates of
budget revenue and expenditure within their scope of management and send them
to finance authorities and planning and investment authorities at the same
administrative level.
6. The estimates of budget revenue and expenditure
must satisfy requirements for making of state budget estimates prescribed in
Article 42 of the Law on State budget.
Article 24. Making state
budget estimates at collecting authorities
1. Each Department of Taxation shall:
a) Make estimates of state budget revenues in
provinces and refundable value-added tax within their management, and send them
to General Department of Taxation, the People's
Committee of province, the Service of Finance, and the Service of
Planning and Investment;
b) Instruct affiliated tax authorities to make
estimates of state budget revenues in the province and send them to the
People’s Committee, the finance authority and the planning and investment
authority in conformity with requirements, contents, and time of making local
budget estimates.
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3. Other agencies assigned to collect state budget
revenues from fees and charges shall make estimates of revenues from those fees
and charges, and send them to a tax authority and finance authority at the same
administrative level.
Article 25. Making estimates
of local government budgets
1. Each Service of Finance shall take charge and
cooperate with the Service of Planning and Investment in considering estimates
of state budget revenue and expenditure in the province made by collecting
authorities regarding budget estimate units level I within their scope of
management and estimates of state budget revenue and expenditure of district;
and making estimates of state budget revenues in the province, estimates of
state budget revenues of local government budget and send a report to the
People’s Committee of province. The People’s Committee of province shall
forward it to the Standing board of People’s Council of province for
consideration.
2. After receiving opinions of the Standing board
of People’s Council of province, the People’s Committee of province shall send
estimates of local government budget to the Ministry of Finance, the Ministry
of Planning and Investment, agencies in charge of national target programs,
target programs (regard to expenditure on national target program, target
program).
Article 26. Making of state
budget estimate and plan for allocation of central government budget
1. The Ministry of Finance shall take charge and
cooperate with the Ministry of Planning and Investment and Ministries, relevant
agencies in consolidating and making estimates of budget revenue and
expenditure and a plan for allocation of central government budget, and send
documents prescribed in Clause 1 Article 47 of the Law on State budget to the
Government.
2. According to assignment of the Government or
authorization of the Prime Minister, the Minister of Finance shall, on behalf
of the Government, report and account for making of estimates of budget revenue
and expenditure and the plan for allocation of central government budget to the
National Assembly and the National Assembly agencies as prescribed by law.
Article 27. Remaking state
budget estimate
1. The remaking of state budget estimates or plan for
allocation of central government budget; estimates of local government budget
or plan for allocation of local government budgets shall be consistent with
Article 48 of the Law on State budget.
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3. Time for remaking of local government budget
estimates:
a) With regard to state budget estimates or central
government budget allocation which is/are ratified by the National Assembly or
assigned by the Prime Minister, the People's
Committee of province shall request People’s Council at the same
administrative level to decide estimates of local government budget and
provincial budget allocation before December 10. In a case where the People’s
Council of province requests the People's
Committee of province to remake local budget estimates or provincial
budget allocation plan, it shall be submitted to the People’s Council of
province within a certain time decided by the People’s Council of province but
not later than December 20 of the previous year;
b) With regard to the making of estimates of a
local government budget or a plan for budget allocation prescribed in Clause 2
of this Article, the People’s Committee shall submit them to the People’s
Council for decision within 15 days from the date on which the Prime Minister
assigns estimates to local government budget;
c) The People’s
Committee of province shall decide the specific time for making of budget
estimates in districts and communes, provided that the People’s Councils at inferior levels shall decide their local
government budget estimates and budget allocation within 10 days from the day
on which the People’s Council at the superior level decides the estimate and budget
allocation.
Article 28. Responsibilities
of agencies in making state budget estimates and plans for allocation of budget
estimates
1. Each People’s
Committee shall:
a) Instruct and direct affiliated entities,
inferior government to make estimates of budget revenue and expenditure within
its scope of management; cooperate and tax authorities and customs authorities
in the province to make estimates of budget revenue and refundable value-added
tax as prescribed;
b) Make estimates of budget revenue in the
province, estimates of local budget revenue and expenditure; send reports to
the Standing board of People’s Council before send them superior State
administrative agencies;
c) According to estimates of budget revenue and
expenditure assigned by a superior authority, request People’s Council at the
same administrative level to decide its estimates of local government budget
and budget allocation plan, then send reports on estimates of local government
budget and budget allocation plan which are decided by the People’s Council to
the superior State administrative agency, finance authority, and planning and
investment authority.
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dd) Make plan for adjusting local budget estimate
and plan for allocation of its estimates of budget revenue and expenditure,
submit them to People’s Council at the same administrative level for decision
at the request of superior state administrative agencies if the Resolution of
People’s Council at the same administrative level is not consistent with
estimates of budget revenue and expenditure assigned by the superior authority;
e) Request an inferior People’s Council to adjust
its budget estimates in exceptional
circumstances.
2. Each finance authority shall:
a) Take charge and cooperate with planning and
investment authorities to discuss about annual budget estimates of agencies at
the same administrative level. In the beginning year of the budget stability
period, the finance authority shall take charge and cooperate with planning and
investment authorities, tax authorities and relevant agencies to discuss with
inferior People’s Committees to determine estimates
of budget revenue and expenditure, ratio of revenue distribution between
superior budgets and inferior ones, additional funding for balancing budget
from superior budgets to inferior ones. In the next years of the budget
stability period, the superior finance authority shall discuss with the
People’s Committees at inferior levels at their request.
During the discussion about budget estimates and
budget allocation plans, if there are revenues and/or expenditures that are not
conformable with law, not consistent with the policies and standards, not
reasonable or frugal, not suitable for the budget capacity and socio-economic
development orientation, finance authorities shall request adjustment. If there
are contrary opinions between finance authorities, other agencies and units at
the same level, and the People’s Committees at inferior levels, each local
finance authority shall submit a report to the People’s Committee at the same
level for decision; the Ministry of Finance shall submit a report to the Prime
Minister for decision.
b) Take charge and cooperate with planning and
investment authorities and relevant agencies at the same administrative level
in consolidating and making state budget estimates and budget allocation plan
according to each field of its budget level. In capital expenditures and
recurrent expenditures, each finance authority shall consolidate and make
estimates of specific expenditures on education, vocational training, science
and technology in the province and nationwide;
c) Take charge and cooperate with planning and
investment authorities and relevant agencies at the same administrative level
in consolidating and making state budget estimates and budget allocation plan
of its budget level;
d) Cooperate with planning and investment
authorities at the same administrative level in making of budget estimates of
capital expenditures of its budget level;
dd) The Ministry of Finance shall assess national
target programs or target program in terms of recurrent expenditures made by
agencies in charge of the national target program or target program and
consolidate estimates and the plan for allocation of expenditures on the
national target program or target program sent by the Ministry of Planning and
Investment and submit them to the Government;
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g) The Ministry of Finance shall inspect Resolution
on budget estimates of People’s Councils of provinces and request adjustments
to budget estimates in exceptional circumstances. Each of local finance
authorities shall inspect the Resolution on budget estimates of inferior
People’s Council so as to request People’s
Committee at the same administrative level or inferior People’s Council
to adjust the budget estimates in exceptional circumstances.
3. Planning and investment authorities:
a) The Ministry of Planning and Investment shall
submit a national socio-economic development plan to the Government and
essential balance of national economy, in which balance of finance, currency,
investment capital shall be based to make budget estimates;
b) Each planning and investment authority shall
cooperate with finance authority at the same administrative level in
consolidating and making its budget estimates; take charge and cooperate with
finance authority at the same administrative level in making estimates of capital
expenditures and plan for allocation of capital expenditures; and send them to
finance authority at the same administrative level to consolidating and making
state budget estimates and budget allocation plan;
c) The Ministry of Planning and Investment shall
assess national target programs or target program in terms of capital
expenditures made by agencies in charge of the national target program or
target program and consolidate estimates; consolidate and send estimates and
plan for allocation of expenditures on the national target program or target
program to the Ministry of Finance.
4. Central and local regulatory agencies:
a) Ministries, ministerial-level agencies,
Governmental agencies, and other agencies of central government shall cooperate with the Ministry of Finance in formulating
policies, standards, expenditure limits in their assigned fields;
b) Each of central and local regulatory agencies
shall make estimates of budget revenue and expenditure within their scope of
management and send them to a finance authority and planning and investment
authority at the same administrative level; make estimates of budget
expenditure on national target programs or target program and send them to the
finance authority, planning and investment authority, and the agency in charge
of the national target programs or target
programs; cooperate with the finance authority at the same administrative level
in making and allocating budget estimates according to the fields of its budget
level;
c) Each of agency in charge of the national target programs or target programs
shall take charge and cooperate with the finance authority and planning and
investment authority in making estimates and plan for allocation of
expenditures on national target programs or target program to units and
localities, and send them to the finance authority and planning and investment
authority at the same administrative level for including in the budget
estimates and plan for allocation of budget estimates which are submitted to competent
authority for decision. If there are contrary
opinions between the agency in charge of the national target program or
target program and the Ministry of Finance or the Ministry of Planning and
Investment, the agency in charge of the national
target program or target program shall request the Prime Minister to consider.
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1. According to the Resolution of the National
Assembly on budget estimates, the Prime Minister shall giving estimates of budget
revenue and expenditure to each of Ministries, ministerial-level agencies,
Governmental agencies, and other agencies of central government by each field;
estimates of revenue and expenditure, total loan to cover deficit and repay
debt principal of each locality, ratio of revenue distribution between central
government budget and local government budget and additional funding for budget
balancing, dedicated additional funding from central government budget to each
local government budget before November 20 of the previous year.
2. According to the decision of the Prime Minister
on giving budget estimates, the People's
Committee of province shall request People’s Council at the same
administrative level to decide estimates of local budget and plan for allocation
of provincial budget estimates from provincial budget to inferior budget to and
ratio of revenue distribution between local government budgets before December
10 of the previous year; send a report on local budget estimates and allocation
of provincial budget estimates decided by the People’s Council of province to
the Ministry of Finance and the Ministry of Planning and Investment.
3. According to the Resolution of the People’s
Council of province, the People's Committee of
province shall give estimates of budget revenue and expenditure to each
provincial-affiliated entity; estimates of budget revenue and expenditure, and
ratio of revenue distribution between local government budgets; additional
funding from provincial budget to budgets of districts, district-level towns,
provincial-affiliated cities, cities affiliated to central-affiliated cities.
4. After receiving the decision on giving budget
estimates from the superior People’s Committee,
the People’s Committee shall request the People’s Council at the same
administrative level to decide its local government budget estimates and budget
allocation plan, provided that budget estimates of communes are decided before
December 31 of previous year. After People’s Council decides the budget
estimates, the People’s Committee at the
same administrative level shall send reports to the superior People’s Committee and finance authority.
Article 30. Forms of making of
state budget estimates
The Ministry of Finance shall provide guidelines
for system of forms of making and consolidating state budget estimates, plan
for allocation of central government budget; local government budget estimates,
plan for allocation of local government budget.
Chapter IV
ENACTMENT OF STATE
BUDGET
Article 31. Allocating and
giving state budget estimates of budget estimate units
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2. Estimates given to budget-using units shall be
specific in sorted fields, obligatory expenditures. If there are obligatory
expenditures for managing the budget according to achievement of objectives,
estimates must be specific in each of objectives, services, or products
3. The superior regulatory agency that authorizes
an inferior regulatory agency to make obligatory expenditures on its behalf
must give a budget estimate to such inferior agency. The agency that receives
the funding must submit a statement of the use of such funding to the
authorizing agency.
4. Finance authorities of the same level shall
inspect the budget estimates given by budget estimate units level I to their
budget-using units within 10 working days from the day on which budget
allocation report made by the budget estimate unit is received. If the
allocation is found incorrect in terms of total amount, fields, objectives, or
policies, the budget estimate unit level I shall be requested to make
correction.
5. The Ministry of Finance shall provide guidance
on forms of giving estimates to agencies, organizations and units.
Article 32. Organizing collection
of state budget revenues
1. Organizing management and collection of taxes,
fees, charges, and other receivables paid to State Treasuries. The amounts
collected via a third party must be transferred in full and on schedule to
State Treasuries as prescribed by the Ministry of Finance.
2. Grant aid in cash must be collected promptly to
State budget, if an international agreement or granting agreement specifies
direct disbursement to a program/ project, such grant aid shall be included sufficiently
in State budget as prescribed by the Ministry of Finance.
3. State Treasuries may open accounts at the State
bank of Vietnam and commercial banks to concentrate state budget revenues as
prescribed in Article 40 hereof; transfer them to the state budget, regulate
and distribute the revenues among various levels of state budget as prescribed.
4. The Ministry of Finance shall provide guidelines
for collecting and accounting of amounts receivable and grant aid to State
Treasuries.
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1. State budget’s loans shall be managed and
accounted on accounts of each budget level. If an international agreement or
granting agreement specifies that external borrowings shall be directly
disbursed to a program/ project, such external borrowing shall be included
sufficiently in State budget as prescribed by the Ministry of Finance.
2. The Ministry of Finance shall provide guidance
on management and accounting of State budget’s loans.
Article 34. Organizing state
budget expenditure
1. Finance authorities, State Treasuries shall
inspect, control and make payment sufficiently, promptly on schedule of
obligatory expenditures within the given budget estimate. Heads of finance
agencies, State Treasuries may refuse expenditures unsatisfactory with
requirements prescribed in Clause 2 Article 12 of the Law on State budget, and
take responsibility for their own decisions as prescribed by law and promptly
inform relevant agencies, organizations and units. If an agency, organization or unit receiving the refusal disagrees
with the decision of the finance authority or State Treasury, it may send a
report to the agency that gives estimate directly and superior finance agency
or State Treasury for consideration.
2. Finance authorities are entitled to suspend
budgets, other than expenditures on wage, allowances, social subsidies,
scholarships, and other urgent expenditures as prescribed by the Ministry of
Finance, of agencies, organizations and units at the same level that fail to
adhere to regulations on accounting, statement, or other financial statement,
and take responsibility for their decision. The finance authority shall notify
managing agency of the agency, organization, or unit subject to the suspension
of the decision on suspension of budget.
3. Capital and fund shall be advanced as prescribed
in Clause 2 and Clause 3 Article 56 of the Law on State budget and the amount
of advanced capital shall be recovered immediately when the conditions for
expenditures are satisfied as prescribed.
4. Obligatory expenditures which are made
recurrently must be divided equally during a year; obligatory expenditures on
capital expenditure, procurement, major repair and other non-recurrent
expenditures shall be covered by certain sources on schedule and within the
given budget estimate.
5. State budget’s expenditures shall be made in the
form of direct payments from State Treasuries to person receiving wages,
allowances, subsidies and providers of goods and services. With regard to
expenditures unsatisfactory with conditions for direct payments from State
Treasuries, the budget-using unit shall make advances of funding to pay these
expenditures according to the given budget estimate, and then make payments
with State Treasuries as prescribed by the Ministry of Finance.
With regard to expenditures funded by external
borrowings of the Government, grant aid specified in granting agreement which
stipulates direct disbursement through corporate banking to programs and
projects, those expenditures shall be controlled in accordance with
instructions of the Ministry of Finance and included in State budget regularly
as prescribed in Clause 2 Article 32 and Clause 1 Article 33 of this Decree.
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a) An investor shall, according to the estimate of
facilities or work items decided by the competent authority and the given
budget estimate, finished quantity value and conditions for budget
expenditures, submit an application for payment or application for advance to
the State Treasury if the conditions are satisfied as prescribed respectively
in Clause 2 Article 12 or Clause 2 Article 56 of the Law on State budget;
b) The State Treasury shall inspect the estimate
balance and legitimacy of documents submitted by the investor and conditions
prescribed in Clause 2 Article 12 or applications for advances as prescribed in
Clause 2 Article 56 of the Law on State budget, and then disburse and record
budget expenditures as prescribed.
7. Expenditures on management according to achievement
of objectives:
a) According to the given budget estimate,
contract, schedule, quantity, and quality of the achievement of objectives,
services, products, the head of budget-using unit shall make a decision on
expenditure and take responsibility for his/her decision, and submit an
application for payment or advance to the State Treasury where the payment or
advance is made as prescribed;
b) The State Treasury shall inspect the estimate
balance and the legitimacy of the application,
disburse and record the expenditure or advance as prescribed.
8. Recurrent expenditures:
a) According to the conditions for budget
expenditure and progress of work, the head of budget-using unit shall make
decision on expenditure, and submit an application for payment or advance to
the State Treasury where the payment or advance is made as prescribed;
b) The State Treasury shall inspect the estimate
balance and legitimacy of application and conditions prescribed in Clause 2
Article 12, and then disburse and record budget expenditure or advance as
prescribed.
9. Additional funding provided from superior
budgets to inferior ones shall be made at State Treasuries.
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a) Expenditures on authorization shall be paid by
the authorized entity as prescribed in Clauses 6, 7, and 8 of this Article;
b) The State Treasury and the authorizing entity
shall do accounting and make a separate report on expenditures on
authorization.
11. Expenditures on payment of interests, charges
and other expenses associated with State budget’s loans shall be consistent
with Article 35 of this Decree.
12. The Ministry of Finance shall provide
guidelines for procedures, accounting, and control of recurrent expenditures,
capital expenditures, expenditures on debt repayment, enterprise subsidies and
obligatory expenditures with particular characteristics of State budget,
provision of additional funding from superior budgets to inferior ones.
Article 35. Management,
accounting, and repayment of State budget’s loans
1. Outstanding interests, charges, and other
expenses associated with State budget’s loans shall be paid according to their
occurrence and within the given budget estimate.
2. Principal of due loans shall be paid on due date
as specified in the commitment, concluded contract and within the given budget
estimate decided by the competent authority as prescribed in Clause 1 Article 5
of this Decree.
3. Accounting of expenditures on debt repayment:
a) Expenditures on payment of interests, charges,
and expenses associated with loans shall be included in State budget’s
expenditure;
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c) The Ministry of Finance shall provide guidelines
for accounting of principal repayment; payment of interests, charges and other
expenses associated with State budget’s loans.
Article 36. Organizing state
budget management
1. Finance authorities have the responsibility to
maintain sources for making expenditures according to budge estimates.
Temporary deficit in government budgets:
a) In case of temporary deficit in central
government budget: The Ministry of Finance shall provide an advance funding
from the central financial reserve fund and other legitimate financial sources,
including issuance of State Treasury bills and such advance funding must be
returned within the budget year. If the financial reserve fund and other
sources cannot cover the deficit, the Ministry of Finance shall provide advance
funding from the State Bank of Vietnam under a decision of the Prime Minister
as prescribed in Clause 1 Article 58 of the Law on State budget;
b) In case of temporary deficit in a provincial
budget: The People’s Committee of province shall
provide an advance funding from provincial financial reserve fund and other
legitimate financial sources and such advance funding must be returned within
the budget year. If the financial reserve fund and other sources cannot
cover the deficit, the People’s Committee of province shall send a report to
the Ministry of Finance to provide advance funding from central financial
reserve fund or central government budget advance, and such funding must be
returned within the budget year;
c) In case of temporary deficit in a district
budget: The People’s Committee of province shall, according to a request of the People’s Committee of district, provide an
advance funding from provincial financial reserve fund and other legitimate
financial sources and such advance funding must be returned within the budget
year;
d) In case of temporary deficit in a commune
budget: The People’s Committee of district shall, according to a request of the People’s Committee of commune, provide an
advance funding from district financial reserve fund and such advance funding
must be returned within the budget year. If the district budget cannot cover
the deficit, the People’s Committee of district shall request the People's Committee of province to provide advance
funding from provincial financial reserve fund or central government budget
advance, and such funding must be returned within the budget year.
2. During the enactment of state budget, if the
revenue is expected to be lower than the estimated revenue decided by the
National Assembly or People's Council, the Government shall request Standing
Committee of the National Assembly to decide adjustments to some expenditures,
and then submit a report to the National Assembly at the nearest meeting; the
People’s Committee shall request Standing Committee of the People’s Council at
the same level to decide adjustments to local government budget estimate and
submit a report to the People’s Council at the nearest meeting as prescribed in
Point a Clause 2 and Point a Clause 3 Article 52 of the Law on State budget.
3. The budget estimates given to budget-using units
shall be adjusted as prescribed in Article 53 of the Law on State budget.
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5. Financial reserve funds are used to cover State
budget’s expenditures in accordance with Point c Clause 2 Article 11 of the Law
on State budget and Article 8 of this Decree.
6. At the end of the budget year, in case of
revenue increase and expenditure decrease, the Ministry of Finance shall send a
report to the Government, then the Government shall forward it to the Standing Committee of National Assembly, local finance
authority shall send a report to the People’s Committee, the People’s Committee
shall forward it to the Standing board of People’s Council at the same
administrative level to decide the amount of additional estimate and revenue
increase; allocate and use revenue increase and expenditure decrease as
prescribed in Clause 2 Article 59 of the Law on State budget.
7. Bonus for excess revenues distributed between
central government budget and local government budgets shall be given as
prescribed in Point a Clause 4 Article 59 of the Law on State budget and the
following rules must be satisfied:
a) Total revenue of central government budget is
greater than the estimate decided by the National Assembly;
b) Bonus rate does not exceed 30% of revenue
increase which central government budget may retain. Nevertheless, the bonus
must not exceed the last year’s revenue increase. Bonus given to each locality
shall be given according to total revenues distributed in the locality, not
each revenue separately.
8. According to the level of bonus decided by
Standing Committee of the National Assembly, the People’s Committee of the
province shall request the People’s Council at the same level to use the bonus
to make investment in infrastructure projects, performance of important tasks,
and giving bonus to inferior budgets.
Article 37. Rules, criteria,
conditions and power to decide advance funding from next year’s budget
1. Rules for advancing next year’s funding:
a) When allocating the next year’s budget estimate,
the advance funding must be recovered in full. Otherwise, next year’s advance
funding is not permitted;
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2. Criteria for advance funding from next year’s
budget:
a) Projects of national importance;
b) Urgent projects and facilities of capital
construction of central and local governments.
3. Conditions for advancing next year’s funding:
a) Ensure the balance of budget funding of each
level;
b) Projects and facilities of capital construction
must satisfy conditions as prescribed by law on public investment and
construction of the plan for midterm investment of state budget that is
approved and accelerate progress;
c) There is no balance of advance funding;
d) An investor of a project or facility of capital
construction eligible for advance funding from next year’s budget must provide
documents on necessity of advance funding.
4. Power to decide advance funding from next year’s
budget:
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b) The People’s
Committees of provinces and district shall decide its advance funding from next
year’s budget; submit biannual reports to Standing Committee of the People’s
Council and to the People’s Council at the nearest meeting.
Article 38. Management and use
of budget by budget-using units
1. Ministries, ministerial-level agencies,
Governmental agencies, other agencies of central and local government shall
provide guidelines, inspect, and monitor the enactment of budget within the
fields under their management and the enactment of budget of affiliated entities; submit periodic reports on receipts
and expenditures and other financial statement as prescribed by law.
2. Heads of budget-using units are responsible for
management and use of their budgets according to given estimates, ensure
efficiency, frugality, adherence to policies, standards, and limits on budget
expenditures; send periodic reports on enactment of the given budget estimate
to their superior authorities.
3. The person in charge of finance – accounting of
the budget-using unit has the responsibility to adhere to regulations on budget
– finance management, state accounting, internal inspection, prevent, discover
violations and request the head of the unit or a finance authority at the same
level to take punitive actions.
4. Heads of agencies, units, organizations and
persons in charge of finance and/or accounting at budget-using units prescribed
in Clauses 1, 2, and 3 of this Article shall adhere to their duties and
entitlements to state budget – finance and take responsibility for misconducts
within their competence.
Article 39. Opening accounts
at State Treasuries
1. Budget-using units and organizations funded by
state budget regularly must open accounts at State Treasuries and be subject to
the inspection and control of finance authorities and State Treasuries during
the payment and funding use progress. If a budget-using
unit or an organization funded by state budget regularly is permitted to open
an account at a bank for the purpose of concentrating revenues, they must be
managed and used as prescribed by law.
2. Assign the Ministry of Finance to provide
guidelines for opening accounts at State Treasuries.
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1. State Treasury shall open accounts at the State
Bank of Vietnam and commercial banks for the purpose of concentrating revenues
and expenditures of state budget.
2. A bank at which the State Treasury opens its
account shall ensure the payment, regulate cash and foreign currencies
adequately and promptly according to obligatory revenues and expenditures of
state budget.
3. The bank shall pay interests on deposits of the
State Treasury at the bank similarly to business entities; payments of State
Treasury made through the State Treasury shall incur charges as prescribed by
law.
Article 41. Report on
enactment of state budget
1. Agencies, organizations and units shall submit
reports on enactment of state budget as prescribed in Article 60 of the Law on
State budget.
2. Forms and deadlines for reports prescribed in
Clauses 1, 2, 3, 4, 5, 6, and 7 Article 60 of the Law on State budget shall be
prescribed by the Ministry of Finance.
3. Forms and deadlines for reports prescribed in
Clause 8 Article 60 of the Law on State budget shall be prescribed in a
resolution of the Standing Committee of National
Assembly on promulgation of regulations on making, assessment, and
submission of state budget estimates, plan for allocation of central government
budget to National Assembly for decision and ratification of statement of state
budget.
Chapter V
ACCOUNTING, AUDIT, AND
STATEMENT OF STATE BUDGET
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1. At the end of the budget year, agencies,
organizations, and units related to budget revenue and expenditure shall close
accounting books and make state budget statement according to the given budget
estimates and State budget entries. The Ministry of Finance is assigned to
stipulate the system of State budget entries.
2. The accounting books shall be closed meeting the
following requirements:
a) Revenues of budgets of previous years which are
paid from January 1 of the next year shall be recorded in the next year’s
revenues, other than revenues prescribed in Clause 4 hereof;
b) When the deadline for adjusting state budget
statement expires, estimated expenditures, including additional expenditures in
the year that are not enacted or completely enacted, except for the
expenditures which are permitted to be carried over to the next year shall be
enacted as prescribed in Article 43 of this Decree;
c) Advances in the budget estimate shall be paid
until the deadline for adjusting state budget statement; if the conditions for
payment are not satisfies when the deadline for adjusting state budget
statement expires, the procedures below shall be followed:
The advances, if being permitted as prescribed in
Article 43 of this Decree, shall be carried over to the next year;
The advances, if not being permitted as prescribed
in Article 43 of this Decree, shall be paid to state budget before February 15
of the next year. If the unit fails to pay to state budget, the State Treasury
shall recover the advances by deducting expenditures in sorted fields in next
year’s budget estimates, if the next year’s budget estimate fails to provide
such expenditures or provide but less than the amounts recoverable, the State
Treasury shall notify the finance agency at the same level;
d) Temporarily collected/withheld accounts shall be
settled as prescribed by competent authorities. Until the end of December 31,
if the balances of temporarily collected/withheld accounts are not settled by
the competent authorities, they shall be carried over to the next year for
monitoring and settlement as prescribed by law;
dd) Until the end of December, materials and goods
in stock at budget estimate units shall be
subject to stocktaking as prescribed in according to applicable
regulations and processed as follows: The value of materials and goods in stock
shall be recorded in the previous year’s budget expenditures. If they are kept
using for the next year, they shall be monitored closely with separate reports.
If they are not kept using for the next year, a council shall be established to
sell those materials and goods and make payments to state budget; those of
public service providers shall be used as prescribed;
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3. The deadline for adjusting state budget
statement is January 31 of the next year.
4. During the period of adjusting statements,
agencies, units, organizations and budget levels shall follow the regulations
below:
a) Do accounting of revenues and expenditures
arising from December 31 or earlier whose documents are circulated;
b) Do accounting of advances which satisfy
conditions for spending, payments for works and quantity made from December 31
or earlier given in the budget estimates;
c) Adjust nonconformities during the accounting.
Article 43. Expenditures
carried over to next year’s budget
1. The estimated expenditures that are not enacted
or completely enacted, advances in estimates or balance of deposit accounts
that are not enacted or completely used, upon expiry of deadline for adjusting
statements, shall be carried over to the next year include:
a) Capital expenditure carried over to the next
year’s budget according to the Law on Public Investment. In exceptional circumstances, the Prime Minister shall
decide the permission for carrying expenditure over to the year succeeding the
next year, provided not exceeding expiry of
disbursement of the project in the plan for midterm public investment;
b) Expenditures on equipment purchase that have
adequate documents and purchase contracts signed before December 31 of the
enactment year; expenditures on additional or covering purchase of national
reserves goods;
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d) Autonomous budgets of public service agencies
and regulatory agencies; grant aid specified in obligatory expenditures;
dd) Estimates added by competent authorities after
September 30 of the enactment year, excluding additional amounts provided for
inferior budget estimate units by superior budget estimate units upon the
adjustment of statement;
e) Funding for scientific research which is
provided for subjects scientific research projects decided by competent
authorities during the enactment period.
2. The usable revenue increases and expenditure
decreases prescribed in Clause 2 Article 59 of this Law may be carried over to
next year's budget if permitted by a competent authority.
Article 44. Requirements and
procedures applied to state budget statement
1. The making of state budget statement must meet
requirements prescribed in Article 65 of the Law on State budget.
2. With regard to a budget-using unit that enact
state budget management according to achievement of objectives, the actual
expenditure for the purpose of achievement of objectives shall be accounted for
in the budget.
3. Procedures for
making, examination, and assessment of budget statement of a budget
estimate unit:
a) The budget-using unit shall make a budget
statement as prescribed and submit it to its superior budget estimate unit. In
a case where the inferior agency receives authorized funding from a superior
agency, it must submit a statement of the use of such funding to the
authorizing agency;
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c) The budget
estimate unit level I shall consider the budget statement of the inferior budget
estimate unit and provide it with results; then submit a consolidated budget
statement under its scope of management to the finance authority at the same
level;
d) The finance authority shall assess the budget
statement submitted by inferior budget estimate units level I and provide
assessed units with results. If the budget estimate unit level is also a
budget-using unit, the finance authority shall consider the statement and
provide the assessed unit with results.
4. Procedures for making and assessment of budget
statement applied to capital construction projects/programs, projects of
national importance, scientific research programs/projects/subjects and
national target programs:
a) At the end of the budget year: investors of
capital construction projects/programs, projects of national importance,
scientific research programs/projects/subjects and national target programs
shall make statements of the capital sources, state budget capital, use of
capital, amount of works completed and paid for in the year; send it to the
provider of capital construction, supervisory agency of the investor, and the
finance authority at the same level. When the capital construction
program/project or project of national importance is finished: make a statement
of capital sources and state capital enclosed with explanation of use of
capital; send it to the provider of capital construction and the agency
competent to examine the budget statement of capital construction
projects/programs, projects of national importance, scientific research
programs/projects/subjects as prescribed;
b) Agencies, organizations, and units provided with
expenditure estimate of national target programs shall make a statement of the
given budget estimate as prescribed, and submit it the superior agency for
prepare a consolidate report for the agency in charge of management of the national target programs;
c) With regard to national target programs and
projects of national importance the investment contents of which are decided by
the National Assembly, the budget statement must be submitted to the Government
for consideration and submission to the National Assembly apart from the
regulations in Point a and Point b of this Clause.
5. Procedures for statement of commune budgets:
a) The People’s
Committee of commune shall make a statement of state budget revenue in
the given administrative division and statement of revenues and expenditures of
commune budgets and send them to the socio-economic board of People's Council
of commune for assessment and the finance authority of district;
b) The People’s
Committee of commune shall submit the budget statement to the Standing
board of People’s Council of commune for consultation. Upon receipt of
consultation of the Standing board of People’s Council of commune, the People’s Committee of commune shall submit the budget
statement to the People’s Council of communes for ratification;
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6. Procedures for statement of district budgets:
a) The finance authority of district shall assess
the statement of receipts and expenditures of the commune budget ratified by
People’s Council of commune; assess and examine the budget statements of
inferior budget estimate units level I; submit a consolidate statement of state
budget revenues in the district and statement of receipts and expenditures of the
district budget to the People’s Committee of
district, then send them to the socio-economic board of the People’s
Council of district for assessment and to the Service of Finance;
b) The People’s
Committee of district shall submit the budget statement to the Standing board
of People’s Council of district for consultation. Upon receipt of
consultation of the Standing board of People’s Council of district, the
People’s Committee of district shall submit the budget statement to the
People’s Council of district for ratification;
c) Within 05 working days, from the date on which
the budget statement of district is ratified, the People’s Committee of
district shall send it to People’s Committee of province and the Service of
Finance.
7. Procedures for statement of provincial budget:
a) The Service of Finance shall assess the
statement of the district budget ratified by People’s Council of district;
assess and examine the budget statements of inferior budget estimate units
level I; submit a consolidate statement of state budget revenues in the
province and statement of revenues and expenditures of the province budget to
the People’s Committee of province, then send them to the socio-economic board
of the People’s Council of province for assessment and to the Ministry of
Finance, State Audit Office;
b) The People’s
Committee of province shall submit the budget statement to the Standing board
of People’s Council of province for consultation. Upon receipt of
consultation of the Standing board of People’s Council of province, the
People’s Committee of province shall submit the budget statement to the
People’s Council of province for ratification;
c) Within 05 working days, from the date on which
the budget statement of province is ratified, the People’s Committee of province
shall send it to the Ministry of Finance and State Audit Office.
8. Procedures for statement of state budget:
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b) The People’s
Committee of each province shall submit its provincial budget statement to the
Ministry of Finance and State Audit Office of Vietnam before October 01 of the
next year;
c) The Ministry of Finance shall assess and examine
statement of revenues and expenditures of budget
estimate units level I of the central government budget;
d) Based on the result of verification of budget
statements of budget estimate units level I of central government budget, and
local government budget statements ratified by the People’s Councils of
provinces, the Ministry of Finance shall make a statement of central government
budget, submit it to government and State Audit Office of Vietnam within 14
months after the end of the budget year;
dd) Procedures for assessment of agencies of the
National Assembly related to state budget statement shall be prescribed in a
resolution of the Standing Committee of National Assembly on promulgation of
regulations on making, assessment, and submission of state budget estimates,
plan for allocation of central government budget to National Assembly for
decision and ratification of statement of state budget;
e) The National Assembly shall consider approving
the statement of central government budget within 18 months form the end of the
budget year.
Article 45. Forms of state
budget statement
1. Forms of state budget statement of agencies of
the Government which are submitted to the National Assembly shall be prescribed
in a resolution of the Standing Committee of National Assembly on promulgation
of regulations on making, assessment, and submission of state budget estimates,
plan for allocation of central government budget to National Assembly for decision
and ratification of statement of state budget.
2. The Ministry of Finance is assigned to provide
guidelines for forms of state budget statements.
Chapter VI
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Article 46. Entities and scope
of publishing of state budget
1. Entities required to publish budget include:
a) State budget levels,
b) Budget estimate units;
c) Organizations funded by state budget;
d) Capital construction programs/projects funded by
state budget.
2. Collecting authorities, finance authorities, and
State Treasuries shall publish state budget procedures.
Article 47. State budget
contents to be published
1. Contents of state budget and central government
budget to be published:
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Balance of revenues and expenditures of state
budget;
State budget revenues in sorted fields and
according to types of taxes;
State budget expenditures, including development
investment expenditures, recurrent expenditures, expenditure on loan interests
and aid, additional contribution to financial reserve funds, and budget
reserve;
State budget deficit; total loan of state budget,
including loans for covering state budget deficit and loans for repayment of
principal of state budget;
Central government budget expenditures according to
specific fields; total amount and specific amounts in sorted fields for each of
Ministries, ministerial-level agencies, Governmental agencies, other agencies
of central government; central government budget expenditures on national
target programs;
State budget revenues in administrative divisions,
local government budget expenditures, additional funding for balancing budget,
provision of dedicated additional funding from central government budget to
budgets of each province and central-affiliated city; ratio of distribution of
revenues between central government budgets and budgets of each province and
central-affiliated city;
b) Publish data and description of enactment of
estimates of budget revenue and expenditure, including balance of revenues and
expenditures, state budget revenues in sorted fields, state budget expenditures
by development investment expenditures and recurrent expenditures.
2. Contents of local government budgets to be
published:
a) data and description of state budget estimates
submitted to the People’s Council; state budget estimates decided by the
People’s Council; state budget statements ratified by the People’s Council,
including:
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Balance of revenues and expenditures of local
government budgets;
Local budget revenues permitted to retain;
Local budget expenditures, including development
investment expenditures, recurrent expenditures, expenditure on loan interests
and aid, additional contribution to provincial budgets, and budget reserve;
Budget expenditures according in sorted fields;
total amount and specific amounts in sorted fields for each of inferior
agencies and units, capital construction expenditures in their budgets for each
of projects and works; expenditures on national target programs;
State budget revenues in administrative divisions
of each inferior local governments, expenditures provided for inferior budgets,
additional funding for budget balancing and provision of dedicated additional
funding to inferior budgets;
Ratio of distribution of revenues between levels of
local government budgets to each of budget levels in the budget stability
period;
b) Publish data and description of enactment of
budget revenue estimates in the administrative divisions, local budget revenue
estimates, local budget expenditure estimates.
3. Data and description of budgets in the fields of
national defense and security and national reserve shall be consistent with
Point a Clause 1 Article 15 of the Law on State budget.
4. Contents of publishing state budget procedures
shall be consistent with Point b Clause 2 Article 15 of the Law on State
budget.
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1. Regarding budget estimate units:
a) Estimates of budget revenue and expenditure
given by competent authorities, enactment of budget estimates and budget
statement approved by competent authorities;
b) Estimates of budget revenue and expenditure
provided for inferior budget estimate units; publishing of budget statements of
inferior budget estimate units that are approved or assessed.
2. Organizations funded by state budget shall
publish data of estimates of budget revenue and expenditure given by competent
authority, enactment and statement of revenues and expenditures, contribution
of organizations and individuals; basis for determining funded subsidy levels
and amounts.
3. Publish budget related to capital construction
programs/projects funded by state budget as prescribed in the Law on public
investment and relevant law provisions.
Article 49. Deadline for
publishing budget
1. Every state budget estimate must be published
within 05 working days from the day on which it is sent by the government to
members of the National Assembly or by the People’s Committee to the People’s
Council.
2. Reports on state budget estimates approved by
competent authorities, state budget statements approved by competent
authorities must be published within 30 days from the day on which they are
issued.
3. Quarterly and biannual reports on state budget
enactment must be published within 15 days from the ending day of the quarter
or half-year period.
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5. Publish estimates of budget estimate units and
organizations funded by state budget within 15 days, from the date on which the
competent authority give such estimates; publish the budget enactment of the
year of budget estimate units within 5 working days from the date on which they
send reports to their superior budget estimate units; publish budget statement
of budget estimate unit within 15 days, from the
date on which it is approved or assessed by competent authority.
6. Publish government budget procedures within 5
working days from the date on which the competent authority promulgates
relevant regulations.
Article 50. Publish result of
processing proposals of State Audit Office
1. Contents to be published:
a) Contents completed according to the proposals of
State Audit Office;
b) Contents uncompleted according to the proposals
of State Audit Office and explanation thereof.
2. Publish result of processing proposals of State
Audit Office within 30 days from the date on which a document is promulgated.
Article 51. Manners, criteria
and forms of publishing budget
1. State budget shall be published in one or some
of the following manners: announcement at meetings; posting at offices; issued
in publications; written notifications to relevant organizations and
individuals; posting on websites; announcement through the media. Any organization
having a website shall publish the budget on its website.
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Article 52. Supervision of state
budget by the public
1. Vietnamese Fatherland Front shall take charge
and cooperate with members in organizing supervision of state budget by the
public.
2. Vietnamese Fatherland Front, directly or
authorize members to, receive information and requests for supervision; take
charge of formulating plan and implementation of the supervision of state
budget in accordance with the plan and regulations of law.
3. The supervision contents shall be consistent
with Points a, b, and c Clause 1 Article 16 of the Law on State budget.
4. Supervision manners:
a) Study and examine documents of competent
authorities in respect of state budget in connection with legitimate rights and
interests of the people;
b) Organize supervision delegations;
c) Cooperate with competent authorities in
supervision;
dd) Supervise through operation of people's
inspection boards established at commune level, investment supervision board of
the community.
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a) Provide information and documents according to
supervision contents to Vietnamese Fatherland Front at various levels;
b) Provide explanation and process requests of the
people sent to Vietnamese Fatherland Front at various levels and send reports
on issues beyond their competence to competent authorities;
c) Publish result and explanation for requests of
the people, proposals of Vietnamese Fatherland Front at various levels in terms
of supervisory activities.
Chapter VII
IMPLEMENTATION
Article 53. Transitional clause
1. Budget statements of 2015 and 2016 shall apply
regulations on the Law on State budget No. 01/2002/QH11 and the Government's
Decree No. 60/2003/ND-CP dated June 6, 2003 on guidelines for the Law on State
budget.
2. The budget stability period of 2011 and 2015
shall last until the end of 2016. The following budget stability period shall
begin from 2017 to 2020.
3. Any province having mobilized debit balance,
until December 31, 2016, exceed the loan balance limit prescribed in the Law on
State budget, in the budget estimates of 2017and following years, the source of
local budget revenues which may retain according to decentralization, decrease
planned expenditures on midterm public investment to increase expenditures on
principal payment and ensure that the loan balance does not exceed the loan
balance prescribed in the Law on State budget.
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1. This Decree comes into force from January 1,
2017 and applies from budget year 2017.
2. The Government's Decree No. 60/2003/NĐ-CP dated
June 6, 2003 on guidelines for the Law on State budget shall be annulled.
Article 55. Implementation
1. The Minister of Finance shall provide guidelines
for implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies,
Governmental agencies, other agencies of central government and the Presidents
of the People’s Committees of provinces and central-affiliated cities shall
implement this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc