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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
123/2004/ND-CP
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Hanoi
, May 18, 2004
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DECREE
OF
THE GOVERNMENT NO.123/2004/ND-CP DATED MAY 18, 2004 DEFINING A NUMBER OF FINANCIAL
MACHANISMS OF SPECIFIC STATE BUDGET FOR HANOI CAPITAL
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Law on State
Budget dated December 16, 2002;
Pursuant to the Ordinance on
Capital dated December 28, 2000 of the Standing Committee of the National
Assembly;
Pursuant to the Official
Dispatch No. 212/NQ-UBTVQH11 dated March 22, 2004 of the Standing Committee of
the National Assembly;
At the proposal of the
Minister of Finance,
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Chapter 1:
ON BUDGET MANAGEMENT OF HANOI CAPITAL
Article 1.
1. Revenue
sources and spending tasks of Hanoi capital budget are allocated in accordance
with the regulations of the Law on State Budget. Municipal People's Committee
submits to the Municipal People’s Council for decision to decentralize revenue
sources and specific spending tasks between budgets at the levels of cities
(cities, districts, wards and communes) in accordance with the regulations of
the Law State Budget and suitable to the actual situation and requirements of
economic - social development, assurance of security and defense, security,
social order and safety of the city. As for the communes, towns’ budgets, they
comply with the provisions of point b, clause 1, Article 34 of the Law on State
Budget.
The State
prioritizes the investment on the budget and other financial resources to
develop economy – society of city for the city to play a role as a political -
economic - social center of the region and the whole country.
2. Every
year, based on budget estimates assigned by the Prime Minister and the guidance
of the Ministry of Finance, the People's Committees of Hanoi city submits to
the People's Council of the city for deciding: the estimate of revenues and
expenditures of the municipal budget; allocation of tasks of revenues and
expenditures for each agency or unit of municipal-level budget; the additional
numbers from the municipal budget for the inferior-level budget in accordance
with the requirements of social - economic development of the city and
ensuring the implementation of general orientation of the state budget.
3. For
efficient use of land fund managed by the city, city People's Committee may be
advanced from the city budget or from the mobilization source according to
regime providing for the construction projects of technical infrastructure of
investment mission of state to hold auction of land use right, after the
auction of land use rights is conducted, it will be withdrawn to refund the
budget or return the mobilization funds.
Article 2.
Percentage (%) dividing the revenues is divided between the central budget and
municipal budget due to the Government submitting to the National Assembly
Standing Committee for decision; stabilization time of dividing percentage (%)
shall be submitted by the Government to the National Assembly for decision.
Article 3.
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2. The central
budget supplements with goal for the city corresponding to the total central
budget revenue increase compared to the estimate assigned by the Prime Minister
for the revenues dividing between central budget and remaining municipal budget
(after making reward to be in excess of revenue in accordance with provision in
clause 1 of this Article) and the corresponding level of overall revenue
increase compared to the estimate assigned by the Prime Minister of the central
budget revenues enjoying 100 %, excluding the revenues: the VAT of imported
goods; the revenues which the management city is not allocated for collecting,
the revenues which are not arisen in the area of Hanoi, but they are only
settled to remit in Hanoi city; the cost-accounting for revenues and
expenditures and the revenues are retained in the unit for management spending
through the State budget as prescribed by law.
3. Based on
the rewards and additional sources with goal from increased revenue source
prescribed in clause 1, clause 2 of this Article, the municipal People's
Committee submits to the City People’s Council for deciding: the investment in
the construction of the infrastructure works; repayment of the mobilization;
and implementation of important tasks to develop economy - society, ensure
defense, security, social order and safety of the capital and reward the
inferior-level budget.
Chapter 2:
ON MOBILIZATION OF FINANCIAL RESOURCES FOR INVESTMENT
IN HANOI CAPITAL
Article 4.
1. The
Government prioritizes to allocate official development assistance (ODA) for
the Capital to invest in the programs, projects to build the system of urban
technical infrastructure, environment, and public welfare.
2. The
allocation of investment capital for projects funded with official development
assistance (ODA) is implemented by the following principles:
a) For ODA
projects invested by budget:
- For the
projects, works due to ministries and central agencies to be the project owner,
work owner, the allocation of capital shall be guaranteed (including
counterpart funds) by the central budget.
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b) For ODA
projects loaned for re-lending, prioritized to allocate capital for investment
projects likely to recover funds, production projects of export commodities
which are highly competitive in the international market.
3. Specific
level of capital allocation of official development assistance (ODA), capital
for implementing the programs and projects for the Hanoi city is balanced in
the state budget every year submitted by Government to the National Assembly
for decision.
Article 5.
1. Hanoi city
is entitled to mobilize domestic investment capital through the form of issuing
local government bonds, and other mobilization forms as prescribed by law; the
city budget is responsible for payment of principal, interest, and related
expenses.
2. Hanoi city
is entitled to mobilize foreign loans for investment in infrastructure
development of the task of the municipal budget spending under the principle:
the municipal People's Committee set up plans, finds loan source and consult
the Ministries: of Finance, Planning and Investment, State Bank of Vietnam
before submitting to the Prime Minister for consideration and decision under
the mechanism that government loans for lending the city to implement the
projects, works at the request of the municipal People's Committee. The city is
responsible for allocating funds from the municipal budget to pay principal and
interest as prescribed by law.
3. The total
outstanding of mobilization capital sources for investment in the projects and
works of the investment task of the municipal budget in clause 1, clause 2 of
this Article not exceeding 100% of the total budget capital of basis
construction investment of the municipal budget under estimates decided
annually by the municipal People's Council (not including mobilization capital
source of investment in the projects in accordance with the law regulations,
investment capital from additional sources with unstable target from the
central budget to the municipal budget (if any)).
Article 6.
The mobilization of investment capital to build infrastructure within the
municipal budget scope provided for in Article 5 of this Decree shall be
implemented as follows:
1. When
wishing to raise investment capital, the city People's Committee makes plan and
submit to the city People's Council for decision in accordance with the law
regulations.
2.
Mobilization of investment capital for the works and projects must ensure the
principles: works, projects using investment mobilization capital must ensure
economic - social effectiveness; investment works, projects on the list of
investment in 5-year plan which has been decided by the city People’s Council;
works, projects which had investment decisions of the competent authority. The
city must allocate to balance the local budget to pay off the debt when due.
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Article 8.
People's Committee of Hanoi city may decide to receive the non-refundable aids
for the city regardless of the size of aids; particularly for the aids related
to religion, defense, security, it must be reported to the Prime Minister for
decision; Chairman of city People's Committee is responsible for receiving,
managing and efficiently using these aids, conducting the cost accounting,
settlement regime in accordance with law regulations; periodically to report to
the Ministry of Finance, Ministry of Planning and Investment for monitoring,
supervising and synthesizing to report to the Prime Minister.
Chapter 3:
IMPLEMENTATION ORGANIZATION
Article 9.
1. Minister
of Finance guides the implementation of this Decree.
2. Ministers,
heads of ministerial-level agencies, heads of Governmental agencies, chairmen
of People's Council and People's Committee of Hanoi city are responsible for
the implementation of this Decree.
Article
10.
1. Other
contents on the implementation of the state budget not provided for in this
Decree shall comply with the State Budget Law and Decree No.60/2003/ND-CP of
June 6, 2003 of the Government detailing and guiding the implementation of the
State Budget Law.
2. This
Decree takes effect 15 days from its publication in Official Gazette.
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Phan
Van Khai
(Signed)