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THE NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law No. 89/2025/QH15
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Hanoi, June 25, 2025
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LAW
STATE BUDGET
Pursuant
to the Constitution of the Socialist Republic of Vietnam amended by the
Resolution No. 203/2025/QH15;
The
National Assembly promulgates the Law on State Budget.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law
provides for formulation, implementation, audit, finalization, disclosure and
supervision of state budget; duties and powers of relevant authorities,
organizations, units, and individuals in the field of state budget.
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1. State
authorities, political organizations and Vietnam Fatherland Front.
2. Public
service providers.
3. Other
organizations and individuals related to state budget.
Article 3. Application of law
1. The
formulation, implementation, audit, finalization, disclosure and
supervision of state budget shall comply with this Law and other relevant laws.
2. In
case a treaty to which the Socialist Republic of Vietnam is a signatory
contains regulations different from those of this Law, regulations of such
treaty prevails.
Article 4. Interpretation of terms
For the
purposes of this Law, the terms below shall be construed as follows:
1. State
budget deficit includes deficit of the central government budget and
deficit of provincial budgets. Central government budget deficit is the
positive difference between total central government budget expenditure,
exclusive of principal repayment and total central government budget revenue,
exclusive of loan. Provincial budget deficit is the aggregation of budget of
each city or province, which is the positive difference between total budget
expenditure, exclusive of principal repayment and total budget revenue of each
city or province, exclusive of loan.
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3. Development
investment expenditure means part of the state budget spending duties,
including expenditure on public investment according to the Law on Public
Investment and other development investment expenditure duties as prescribed by
law.
4. Expenditure
on aid provision means part of the state budget spending duties for
fulfillment of diplomatic duties, cooperation in development between the
State, the Government of Vietnam and the State, the Government of foreign
countries and between local governments of Vietnam and local governments of
foreign countries; provision of humanitarian aid and emergency support for
foreign countries as per law.
5. Recurrent
expenditure means part of the state budget spending duties to maintain
the operation of the State apparatus, political organizations, Vietnam
Fatherland Front, support the operation of other organizations and perform
regular tasks of the State in terms of socio-economic development and assurance
of national defense and security, and other recurrent expenditure duties
as per law.
6. Interest
repayment expenditure means part of central government budget and
provincial budget spending duties to repay interest, fees and other costs incurred from their loans
(excluding interest, fees and costs incurred from on-lending to public service
providers or enterprises).
7. Principal
repayment means part of central government budget and provincial budget
duties to repay principal of their loans (excluding repayment of principal of
loans taken and then on-lent to public service providers or enterprises).
Payment of principals shall not be recorded as expenditure in the state
budget balance sheet.
8. State
budget reserve means an entry of the unallocated budget expenditure
estimate which is decided by a competent authority at each level of the budget.
9. Finance
authority means an authority which performs state management of and has
expertise in finance. Finance authorities include the Ministry of Finance,
finance authorities affiliated to provincial People's Committees (provincial
finance authorities) and finance-advising divisions affiliated to commune-level
People's Committees (commune-level finance authorities).
10. Budget
revenue-collecting authorities mean tax authorities, customs authorities
and other authorities assigned or authorized by competent state authorities to
organize the collection of state budget revenues.
11. Budget
estimate unit means an authority, organization or unit to which
the budget estimate is allocated by a competent authority.
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13. Budget-using
unit means a budget estimate unit that is assigned to directly
manage and use the budget.
14. Remaining
expenditure estimate means the expenditure estimate of a level of state
budget that has been decided by a competent authority but has not been fully
allocated and used by the end of the budget year, including reserves (if any).
15. Central
government budget or provincial budget remainder means the positive
difference between the total budget revenue (exclusive of loan) and total budget
expenditure (exclusive of principal repayment) at the end of a budget year.
16. Commune-level
budget remainder means the positive difference between the total budget
revenue and total budget expenditure at the end of a budget year.
17. State
budget means all expenditures and revenues of the State that are
estimated and realized over a certain period of time as decided by competent
state authorities in order to perform the functions and duties of the State.
18. Central
government budget means state budget revenues which the central
government authorities are given to receive and state budget expenditures being
part of the central government authorities’ spending duties.
19. Local
government budget means state budget revenues which local government
authorities are given to receive, transfers from central government budget, and
state budget expenditures being part of the local government authorities’
spending duties.
20. Decentralization
of power to manage budget means determination of scope,
responsibility, and powers of authorities at all levels and budget estimate
units in state budget management in a manner that aligns with the
decentralization of socio-economic management power.
21. Financial
reserve fund means a fund of the State derived from state budget and
other financial sources as prescribed by law.
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23. State
off-budget financial fund means a fund which is established
by a competent authority and operates independently from the state budget; its
revenues and spending duties are meant to fulfill certain duties prescribed by
law.
24. Budget
balancing transfer means an amount additionally allocated from a
higher level budget to a lower level budget in order for it to balance its
budget and fulfill its duties.
25. Targeted
transfer means an amount additionally allocated from a higher level
budget to a lower level budget to support the implementation of a specific
program, project or duty.
Article 5. Scope of state budget
1. State
budget revenues:
a) All
revenues from taxes and charges and fees for services provided by state
authorities;
b) Fees
for services provided by public service providers and organizations assigned by
competent authorities to provide public services that are transferred to state
budget as prescribed by law;
c) Grant
aid provided by governments of other countries, overseas organizations and
individuals for Vietnam’s State, Government and local governments;
financial assistance and voluntary contributions from domestic and
foreign organizations and individuals.
d) Other
revenues prescribed by law.
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a)
Development investment expenditure;
b)
National reserve expenditure;
c)
Recurrent expenditure;
d)
Interest repayment expenditure;
dd)
Expenditure on aid provision;
e) Other
expenditures prescribed by law.
3.
State budget deficit.
4. Total
state budget loans, including loans for offsetting deficit and repayment of
principal of the state budget.
5.
Sources for repayment of loan principal, including loans taken to repay
principals; state budget revenues included in estimates; increased revenues as
compared to those included in estimates, remaining expenditure estimates of
budget levels; state budget remainder.
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1. State
budget consists of central government budget and local government budgets.
2. A
local government budget consists of provincial budget and commune-level budget.
Article 7. Principles of balancing the state budget
1.
Revenues from taxes, fees, charges, and other budget revenues prescribed
by law shall be fully included in the state budget balance without association
with any specific spending duty. For any revenue which needs to be attached to
a specific spending duty as prescribed by law, such spending duty shall be
covered by the corresponding revenue in the budget expenditure estimate. The promulgation
of budget collection policies shall adhere to the principle of balancing the
budget in medium and long-term balance of budget and ensure the adherence to
international integration commitments.
2. The
state budget shall be balanced on the principle that the total revenue from
taxes, fees, charges and other budget revenues is higher than total recurrent
expenditure with increasing savings for development investment; if the deficit
still exists, the deficit shall be smaller than the development investment
expenditure in order to aim for a balanced budget; special cases shall be
submitted by the Government to the National Assembly for its consideration and
decision.
3. Loans
for offsetting the state budget deficit may only be used for development investment,
not for recurrent expenditures.
4. The
central government budget deficit shall be offset with the following sources:
a)
Domestic loans through issuance of government bonds, national construction
bonds and other domestic loans in accordance with law;
b)
Foreign loans granted by foreign governments and international organizations
and proceeds from the issuance of government bonds on the international market,
excluding on-lending loans.
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a) Only
provincial budgets may have deficit; the local government budget deficit may
only be used for investment in projects under midterm public investment plans
already decided by provincial-level People’s Councils;
b) Local
government budget deficit shall be offset with domestic loans from issuance of
local government bonds, on-lending loans granted by the Government, and other
domestic loans as prescribed by law;
c) Local government budget deficit shall be
aggregated with the state budget deficit and decided by the National Assembly.
6. Loan
balance of local government budgets:
a)
Regarding a local government that does not receive budget-balancing transfers
from central government budget, it shall not exceed 120% of the estimated local
government budget revenue it may retain as decentralized;
b)
Regarding a local government that receives budget-balancing transfers from
central government budget, it shall not exceed 80% of the estimated local
government budget revenue it may retain as decentralized;
c) In
case it is necessary to raise capital beyond the limits specified in point a
and point b for implementation of the local project, the provincial People's
Committee shall request the provincial People's Council or the standing
People’s Council during the period when the People's Council is in recess to
consider giving opinions to send a report to the Government that will consider
submitting the report to the National Assembly for decision.
Article 8. Principles of state budget management
1. The
state budget shall be managed in a uniform, democratic, effective, thrifty,
transparent and fair manner; such management shall be assigned and
decentralized; powers of state management authorities at all levels shall be
associated with their responsibilities.
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3. Budget
revenues shall comply with regulations of laws on taxes, fees, charges and
other budget revenues as per law.
4. Budget
expenditures may be made only after the estimate is allocated by a competent
authority, except for cases of temporary allocation specified in Article
53 of this Law and must comply with spending regimes, standards and norms
prescribed by competent state authorities.
5.
Priority shall be given to allocating budget for development investment
expenditure for implementation of guidelines and policies of the Communist
Party and the State on economic development; development of education,
training, science, technology, innovation and digital transformation;
sustainable poverty reduction; agricultural, rural and medical development;
ethnic policies; achievement of gender equality objectives and other important
policies from time to time.
6. Budget
shall be allocated to undertake socio-economic development tasks; ensure
national defense and security, implement foreign policies and cover operating
costs of the state apparatus; fulfill the State’s obligations specified in
international commitments, commitments to investors.
7. The
state budget shall cover operating costs of political organizations, affiliates
of Vietnam Fatherland Front at all levels and socio-political organizations
affiliated to Vietnam Fatherland Front; and social organizations may receive
financial support from the state budget for performance of tasks assigned by
the State.
8.
Repayment of due interest being part of spending duties of the state budget
must be made.
9.
Decisions on investment and expenditures on investment in state budget-funded
programs, tasks and projects must be conformable with provisions of the Law on
Public Investment and relevant laws.
10. The
state budget does not subsidize operating costs of state off-budget financial
funds. In case the state budget subsidizes charter capital of a fund as
prescribed by law, the provision of subsidies must be within the capacity of
state budget and be carried out only when the following conditions are
satisfied: the fund is established and operates in accordance with law; is
financially independent; has its revenue sources and spending duties different
from those of the state budget.
The state
budget shall allocate money to the funds for development of science,
technology, innovation and digital transformation, formulation of policies and
laws according to specialized sector and field laws and within the capacity of
state budget.
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1. The
power of central government budget, provincial budget and commune-level budget
over specific revenue sources and spending duties shall be decentralized.
2. The
central government budget plays a pivotal role, ensuring the performance of
national spending duties, supporting local governments that are unable to
balance their budgets, and providing support to local governments according to
Article 43 of this Law.
3. Power
of the local government budget over revenue sources is decentralized to take
the initiative in their decentralized spending duties. Provincial People’s
Councils shall decide the decentralization of powers over revenue sources and
spending duties among provincial budgets and commune-level budgets in a manner
that suits the decentralization of powers over socio-economic management,
national defense and security and managerial capacity of each level in their
provinces.
4. If the
promulgation and implementation of a new policy or regime result in an increase
in the budget expenditure, solutions shall be in place to guarantee financial
sources suitable for the balancing capacity of the budget at each level; the
decision to invest in programs and projects funded by the state budget must not
lie outside the scope of the decentralized budgets.
5. State
budget at each level shall cover their own spending duties, except for the
following cases:
a) The
lower-level budget has to provide support to their superior units located in
the locality when needed to urgently mobilize higher-level forces in the event
of a natural disaster, catastrophe, disease or other emergencies so as to
stabilize the socio-economic situation, security and social order and safety in
the locality;
b)
Superior units located in the locality perform their functions together with
some tasks at the request of their inferior units;
c) Budget
reserve of a local government is used to support other local governments in
recovery from serious disaster, catastrophe, disease and some other important
and urgent tasks;
d) Use of
a local-government budget’s funding for development investment expenditures for
financing investment projects on construction of infrastructure facilities in
that locality which are to be funded by its higher level budget, assisting
other local governments in executing key projects and works or those improving
regional, national or international connectivity and having positive effects on
the socio-economic development, and other important tasks must be within the
budget balancing capacity, and not adversely influence the performance of tasks
to be covered by that local government budget.
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7.
Revenues to be shared among budgets at various levels and transfers from higher
level budgets to lower level budgets must be shared by a percentage (%) in a
way that ensures fairness and balanced development among regions and
localities.
8. In
case implementation of a treaty results in a decrease in the central government
budget revenue, the Government shall request the National Assembly to adjust
the revenue sharing between the central government budget and local government
budgets in order to define the leading role of the central government budget.
Article 10. State budget reserve
1. The
reserve is 2% - 5% of total budget expenditure at each level. To be specific:
higher level budget expenditures exclude budget-balancing transfers to lower
level budgets and inferior budget expenditures exclude targeted additional
expenditures from higher level budgets (if any)
2. State
budget reserve may be spent on:
a)
Prevention, control and remediation of consequences of natural disasters,
catastrophes and diseases, and famine relief; important national defense and
security tasks; national reserve; urgent foreign affairs of the State;
distribution of reductions in revenues from public-private partnership (PPP)
projects and other necessary tasks being part of spending duties of the budget
but not yet included in the budget estimate;
b)
Provision of support for lower level budgets for performance of the tasks
mentioned in point a of this clause;
c)
Provision of support to other local governments as prescribed in point c clause
5 Article 9 of this Law.
3. The
state budget reserve specified in clause 2 of this Article shall be spent
on programs, tasks and projects not included in the medium-term public
investment plan according to the Government’s regulations.
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a) The
Prime Minister shall decide the use of central government budget reserve and
submit periodic reports to the Government to send such reports to the Standing
Committee of the National Assembly and to the National Assembly at its nearest
meeting;
b)
People’s Committees at all levels shall decide the use of their budget reserves
and submit periodic reports to the standing People’s Councils and People’s
Councils of the same level at their nearest meetings.
Article 11. Financial reserve funds
1. The
Government, People’s Committees of provinces shall establish financial reserve
funds from sources of increased revenues as compared to those included in
estimates, remaining expenditure estimates of budget levels, budget remainders,
allocations to in annual budget expenditure estimate within state budget-balancing
capacity and other financial sources in accordance with regulations of
law. The balance of the financial reserve fund at each level shall not exceed
25% the annual budget expenditure estimate of the same level, excluding
targeted additional expenditures from higher level budgets (if any).
2.
Financial reserve funds are used in the following cases:
a) Make
advance payment to the budget to meet spending needs according to the budget
expenditure estimate before aggregating enough revenue. The advance must be
reimbursed within 12 months from the date of advance payment;
b) Be
used to meet budget spending needs in case state budget revenues collected or
loans taken to offset budget deficit fail to reach the estimate level decided
by the National Assembly or the People’s Council, and budget reserve has been
used up but is still not sufficient for the prevention, control and remediation
of consequences of natural disasters, catastrophes or diseases or performance
of national defense and security tasks or other urgent tasks outside the
estimates; however, the amount used in the year must not exceed 70% of the
opening balance of the fund;
c) Make
advance payment for local important infrastructure projects, programs and tasks
to accelerate implementation progress. The advance must be reimbursed within 36
months from the date of advance payment. Total advance payment must not exceed
50% of the opening balance of the fund.
3. The
Government elaborates this Article.
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1. Budget
revenues shall comply with regulations of this Law, laws on taxes, fees,
charges and other relevant laws.
2. State
budget expenditures may be paid only after they are included in a given budget
estimate, except for temporary allocation specified in Article 53 of this
Law; and are decided by the heads of budget-using units, project owners or
authorized persons, and satisfy all conditions in each of the following cases:
a)
Meeting the conditions prescribed by the Law on Public Investment and other
relevant laws, for development investment expenditures;
b)
Complying with budget spending regimes, standards and norms prescribed by
competent state authorities, for recurrent expenditures; complying with
internal spending regulations and conforming to the assigned budget estimates,
for authorities and units permitted by competent authorities to exercise
autonomy and self-responsibility for their payrolls and funding;
c)
Meeting the conditions prescribed by the law on national reserves, for
national reserve expenditures;
d) For
contract packages under the tasks, programs or projects for which bidding needs
to be organized to select contractors to provide consultancy services, supply
goods or conduct construction and installation activities, it is required to
organize bidding as per the bidding law;
dd)
Complying with regulations on prices promulgated by competent authorities, for
expenditures for works performed under orders placed by the State, and complying
with regulations of laws on science, technology and innovation, for science,
technology and innovation tasks.
Article 13. Accounting and finalization of state budget
revenues and expenditures
1. State
budget revenues and expenditures shall be accounted for in Vietnamese
dong. State budget revenues and expenditures in foreign currencies must be
converted into Vietnamese dong at the exchange rate prescribed by a competent
authority to account for state budget revenues and expenditures prescribed at
the time such revenues or expenditures arise.
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3. The
accounting and finalization of the state budget shall be conducted uniformly
according to the law on accounting, state budget entries and this Law.
4.
Documents about state budget revenues and expenditures must be issued, used,
and managed in accordance with law.
Article 14. Budget year
A budget
year begins on January 01 and ends on December 31 of the calendar year.
Article 15. Disclosure of the state budget
1. State
budget estimates that have been submitted to the National Assembly or People’s
Councils; state budget estimates that have been approved by competent
authorities; reports on state budget implementation; state budget final
accounts ratified by the National Assembly or People’s Councils; information
about the estimation, implementation and final accounts of budgets of budget
estimate units, organizations funded by state budget, financial plans,
implementation of such financial plans and financial statements of state
off-budget financial fund must be disclosed in accordance with
regulations below:
a) The
following contents shall be disclosed. To be specific:
State
budget at all levels shall disclose data and explanatory reports on budget
documents (except for specific data and explanatory reports on national defense
and security, national reserve and documents and data on assignment of
estimates according to regulations of the law on protection of state secrets),
including state budget estimates and allocation of budgets, the year’s
estimated financial plans of state off-budget financial funds submitted to
the National Assembly or People’s Councils; state budget estimates and allocation
of budgets approved by competent authorities in accordance with regulations of
this Law; information on state budget implementation (3 months, 6 months, 9
months, year); and final accounts approved by the National Assembly or People’s
Councils.
Budget estimate
units and organizations funded by state budget shall disclose estimates of
state budget revenues and expenditures assigned by competent authorities
and other funding sources (if any); information on state budget estimate
implementation (3 months, 6 months, 9 months, year); and final accounts of
state budget approved by competent authorities.
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Public
investment projects and programs shall be disclosed according to regulations of
the law on public investment;
b) State
budget shall be disclosed by one or more methods as follows: announcement at
meetings; posting at working offices of authorities, organizations and units;
issuance of publications; issuance of written notifications to relevant
authorities, organizations, units and individuals; publishing on web portals; announcement
through the mass media. Regarding authorities and units that have their web
portals, State budget shall be disclosed on their web portals.
2.
Disclosure of state budget-related procedures:
a)
Budget-collecting authorities, finance authorities and State Treasuries shall
disclose state budget-related procedures;
b)
Contents to be disclosed include: regulations on processes and procedures for
declaration, collection, payment, exemption, reduction, extension, chargeoff
and refund of revenues; advances, amounts allocated and paid to the state
budget;
c) The
disclosure may be carried out by posting at transaction places and on websites
of the aforementioned authorities.
3.
Disclosed contents must be adequate according to criteria and forms prescribed by
the Ministry of Finance.
4.
Responsible authorities must disclose information as specified in clause 1,
clause 2 and clause 3 of this Article, if they fail to disclose information in
an adequate and timely manner, they shall be sanctioned in accordance with law.
5. The
Government shall elaborate the state budget disclosure.
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1. The
state budget shall be supervised by the public. Vietnamese Fatherland Front
Committees at all levels shall preside over organizing the supervision of state
budget by the public. The supervision of state budget by the public shall
cover:
a) Adherence
to regulations of law on state budget;
b)
Implementation of annual state budget estimates;
c)
Disclosure of the state budget according to Article 15 of this Law.
2. The
Government shall elaborate supervision of state budget by the public.
Article 17. 05-year financial plans
1. A
05-year financial plan means a financial plan formulated for a 05-year period
together with a 05-year socio-economic development plan. The 05-year
financial plan must specify overall and specific finance-state budget
objectives of state budget and state finance; major orientations for state
budget and state finance; levels and structures of domestic revenues, revenue
from crude oil, revenue from export and import; levels and structures of
development investment expenditure, interest repayment expenditure,
expenditure on aid provision and recurrent expenditure; orientations for budget
deficit; limits of national foreign debts, public debts, government debts;
major solutions for implementation of the plan.
2. A
05-year financial plan shall be used for:
a)
Achieving socio-economic development objectives of the country, sectors,
fields, and localities; balancing and effectively using public financial
resources and the state budget in the medium term; promoting the disclosure and
transparency of the state budget;
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c)
Orientating the making of annual state budget estimates.
3.
05-year financial plans include national 05-year financial plan and 05-year
financial plans of provinces and cities.
4. The
Ministry of Finance shall preside over formulating the national 05-year
financial plan and submitting it to the Prime Minister for reporting to the
National Assembly; provincial finance authorities shall formulate 05-year
financial plans of their provinces and submit them to provincial People’s
Committees for reporting to People’s Councils for consideration and decision at
the same time the budget estimate of the first year of the plan period is
submitted.
5. The
Government shall elaborate the formulation of 05-year financial plans.
Article 18. Prohibited acts in
the field of state budget
1.
Abusing positions or powers to appropriate state budget revenue sources or
being irresponsible to cause losses to state budget revenue sources.
2.
Collecting state budget revenues in breach of laws on taxes, fees and charges
and other state budget revenues; distributing revenue sources between various
levels of government budgets in breach of regulations; retaining state budget
revenues in contravention of regimes; imposing unlawful charges.
3.
Spending without estimates, except the case of temporary allocation of state
budget prescribed in Article 53 of this Law; spending against the assigned
budget estimates; spending against spending regimes, standards and norms or for
improper purposes; setting unlawful expenditures.
4.
Deciding investment in or adjustment to programs and projects funded by state
budget against regulations of the law on public investment.
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6. Using
state budget funds to unlawfully grant loans, advance or contribute capital.
7.
Delaying the payment of budget expenditures while all conditions prescribed by
law have been satisfied.
8. Doing
accounting against accounting regulations and state budget entries.
9. Making
and submitting state budget estimates or state budget final accounts behind
schedule.
10.
Unlawfully ratifying or approving state budget final accounts.
11.
Disbursing the state budget fund at a state treasury to pay for expenditures
not yet included in the budget estimate decided by a competent authority,
except cases of temporary allocation and advance payment from budget estimate
of the subsequent year as prescribed in Articles 53 and 59 of this Law.
12. Other
prohibited acts in the field of state budget as per relevant laws.
Chapter II
STATE BUDGET-RELATED DUTIES AND POWERS OF
STATE AUTHORITIES AND RESPONSIBILITIES AND OBLIGATIONS OF ORGANIZATIONS AND
INDIVIDUALS
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1. Make
and amend laws and resolutions on finance - state budget.
2. Decide
basic policies on finance - state budget; impose, change, or abolish taxes;
decide safety limits on national debts, public debts and government debts.
3.
Decide the national 05-year financial plan.
4. Decide
state budget estimates:
a) Total
state budget revenue, including domestic revenue, revenue from crude oil,
revenue from export and import, and receipt of grant aid;
b) Total
state budget expenditure, including central government budget expenditure and
local government budget expenditure, categorized as development investment
expenditure, national reserve expenditure, recurrent expenditure, interest
repayment expenditure, expenditure on aid provision transfers to the financial
reserve fund, budget reserve;
c) State
budget deficit, including the central government budget deficit and local
government budget deficit specific to each locality; sources for offsetting the
state budget deficit;
d) Total
loan of state budget, including loans for offsetting state budget deficit and
loans for repayment of principal of state budget;
dd)
Central government budget's loan principal repayment sources.
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a) Total
expenditure covered by the central government budget, including allocated and
unallocated amounts; development investment expenditures; recurrent
expenditures; national reserve expenditures; expenditure on interest repayment
and aid provision; transfers to financial reserve fund; budget reserves;
b)
Estimates of development investment expenditure, recurrent expenditure,
national reserve expenditure and expenditure on aid provision of each ministry,
ministerial agency, governmental agency and other central authorities;
c)
Transfers from the central government budget to each local government budget,
including budget-balancing transfers and targeted transfers.
6. Decide
the percentage (%) of sharing between the central government budget and each
local government budget with regard to the revenues specified in clause 2
Article 36 of this Law.
7. Decide
guidelines on investment in national target programs and projects of national
importance funded by state budget.
8. Decide
to adjust state budget estimates according to regulations in clause 1 Article
54 of this Law.
9. Ratify
state budget final accounts.
10.
Supervise the implementation of the state budget, national basic policies on
finance - state budget, resolutions of the National Assembly on the state
budget.
11. Annul
documents issued by the State President, the Standing Committee of the National
Assembly, the Government, the Prime Minister, the People’s Supreme Court, the
People’s Supreme Procuracy on finance - state budget that contravene the
Constitution, laws, and resolutions of the National Assembly.
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1.
Promulgate ordinances and resolutions on finance - budget in accordance with
law.
2. Offer
opinions on bills, resolutions, reports, and other projects on finance - state
budget submitted to the National Assembly by the Government.
3.
Promulgate a Regulation on formulation and verification of and decision on
state budget estimates and central government budget allocation plans, and ratification
of state budget final accounts.
4. Offer
opinions on regulations on important budget spending regimes which are within a
wide sphere of influence in relation to the performance of national
socio-economic duties, which are submitted by the Government.
5. Decide
principles, criteria, and norms for allocation of state budget, which are
adjusted every 05 years or as decided by the Standing Committee of the National
Assembly.
6.
Supervise the implementation of laws and resolutions of the National Assembly;
ordinances and resolutions of the Standing Committee of the National Assembly
on finance and state budget.
7.
Suspend the implementation of legislative documents promulgated by the
Government, the Prime Minister on finance - budget that contravene the
Constitution, laws, and resolutions of the National Assembly; propose the
annulment of such documents at the nearest meeting of the National Assembly.
8. Annul
legislative documents promulgated by the Government and the Prime Minister on
finance - budget that contravene ordinances and resolutions of the Standing
Committee of the National Assembly.
9. Annul
resolutions of provincial People’s Councils on finance - budget which
contravene the Constitution, laws and resolutions of the National Assembly,
ordinances and resolutions of the Standing Committee of the National Assembly.
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1. Verify
bills, ordinance and resolution projects, reports and other projects on finance
- budget as assigned by the National Assembly or the Standing Committee of the
National Assembly.
2.
Preside over verifying state budget estimates, central government budget
allocation plans, state budget estimate adjustment plans, state budget implementation
reports, state budget final accounts, state budget allocation principles,
criteria and norms, which are submitted by the Government to the National
Assembly or the Standing Committee of the National Assembly.
3. Verify
important budget spending regimes which are within a wide sphere of influence
in relation to the performance of national socio-economic duties, which are
submitted by the Government to the Standing Committee of the National Assembly.
4.
Supervise the implementation of laws and resolutions of the National Assembly,
ordinances and resolutions of the Standing Committee of the National Assembly
on finance - budget; supervise the implementation of the state budget and
finance and budget policies.
5.
Supervise legislative documents of the Government, Prime Minister, Ministers,
and heads of ministerial agencies, and joint legislative documents of competent
central authorities on finance - budget.
6. Put
forward issues pertaining to finance - budget.
Article 22. Duties and powers of the Ethnic Minorities
Council and other Committees of the National Assembly
1. Within
the bounds of their duties and powers, cooperate with the National Assembly’s
Economic and Financial Committee and related authorities of the Government in
verifying bills, ordinance and resolution projects, state budget estimates,
central government budget allocation plans, state budget implementation
reports, state budget final accounts, and other projects and reports on finance
- budget, which are submitted by the Government to the National Assembly or the
Standing Committee of the National Assembly.
2.
Supervise the implementation of laws, resolutions of the National Assembly,
ordinances and resolutions of Standing Committee of the National Assembly on
budget - finance; supervise the implementation of state budget and state budget
- finance policies in the fields under their charge.
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Article 23. Duties and powers of the State Audit Office of
Vietnam
1. Audit
the state budget and report audit results to the National Assembly and the
Standing Committee of the National Assembly; send audit reports to the State
President, Government, Prime Minister, Ethnic Minorities Council, Committees of
the National Assembly, and other related authorities in accordance with the Law
on State Audit.
2. Submit
reports on the audit of state budget final accounts to the National Assembly
for consideration and ratification of state budget final accounts.
3. Join
the Economic and Financial Committee and other authorities of the National
Assembly and the Government in considering and verifying state budget estimate
reports, central government budget allocation plans, and plans for adjusting
state budget estimates within the National Assembly's jurisdiction.
4. Submit
the State Audit Office’s opinions to the National Assembly that will consider
deciding state budget estimates, central government budget allocation plans,
and plans for adjusting state budget estimates within the National Assembly's
jurisdiction.
Article 24. Duties and powers of the State President
1.
Announce laws and ordinances on finance - budget.
2.
Exercise duties and powers prescribed by the Constitution and laws in the
negotiation, conclusion and decision on ratification of treaties on finance -
budget, or submission thereof to the National Assembly for ratification.
3.
Request the Government to hold meetings on state budgetary and financial
where necessary.
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1. Submit
bills, ordinance and resolution projects and other reports and projects on
finance – budget to the National Assembly and the Standing Committee of the
National Assembly; promulgate legislative documents on finance - budget within
its jurisdiction.
2.
Formulate and submit 05-year financial plans to the National Assembly.
3.
Formulate and submit annual state budget estimates, central government budget
allocation plans and adjusted state budget estimates to the National Assembly
according to regulations of clause 1 Article 54 of this Law.
4. Adjust
budget revenue and expenditure estimates of some ministries, ministerial
agencies, governmental agencies and other central agencies and provincial
agencies according to regulations in clause 2 Article 54 of this Law.
5. Decide
use of increased revenues as compared to those included in estimates, and
remaining expenditure estimates of the central government budget and report
results to the Standing Committee of the National Assembly or the National
Assembly at the nearest meeting in accordance with clause 2 Article 61 of this
Law.
6.
Perform uniform management of the state budget, ensuring tight cooperation
among sectoral and local management authorities in state budget implementation.
7. Decide
solutions and organize the administration of implementation of the state budget
as decided by the National Assembly; inspect the implementation of state
budget; submit state budget implementation reports to the National Assembly and
Standing Committee of the National Assembly, national target programs, projects
of national importance whose investment guidelines are decided by the National
Assembly.
8. Submit
reports on finance - budget to the National Assembly and the Standing Committee
of the National Assembly upon request.
9.
Establish procedures for making estimates, allocating budget; making additional
budget estimates in the year; collecting revenues, controlling and paying
budget expenditures, and finalizing budget; advancing payment from the next
year’s budget; using budget reserve; using financial reserve fund and other
financial funds of the State as prescribed in this Law and other relevant
regulations of law.
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11.
Decide budget spending regimes, criteria and norms for nationwide application,
excluding sector or field spending regimes, criteria and norms; for some budget
spending regimes, standards and norms, prescribe the brackets thereof and
assign them to the provincial People’s Council for its specific decision,
unless otherwise provided for by specialized sector and field laws.
12.
Establish budget allocation principles, criteria and norms and submit them to
the Standing Committee of the National Assembly for decision to form a basis
for formulation of estimates and allocation of budget to ministries,
ministerial agencies, governmental agencies, other central and local agencies.
13. Give
guidance on and inspect People’s Councils’ implementation of documents of
superior state agencies; inspect the legitimacy of legislative documents on
finance-budget as per law.
14.
Formulate and submit state budget final accounts and final accounts of programs
and projects of national importance whose investment guidelines are decided by
the National Assembly to the National Assembly.
15.
Promulgate regulations on cases in which the local government budget deficit is
permitted in order to ensure the solvency of localities and suit the total
deficit of the state budget.
16.
Prescribe management of financial assistance and voluntary contributions; grant
aid provided for the State, the Government and local governments
17. Issue
regulations on financial support from state budget for social organizations’
performance of duties assigned by the State.
18. Issue
regulations on use of a local-government budget’s funding for development
investment expenditures for financing investment projects on construction of
infrastructure facilities in that locality which are to be funded by its higher
level budget, assisting other local governments in executing key projects and
works or those improving regional, national or international connectivity and
having positive effects on the socio-economic development, and other important
tasks.
19.
Provide for the performance-based budget management.
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1.
Promulgate regulations on formulation of socio-economic development plans and
state budget estimates of the next year.
2.
According to the National Assembly’s resolutions on state budget estimates and
central government budget allocation plans, decide to assign:
a) Budget
revenue collection and spending duties to each ministry, ministerial agency,
Governmental agency and another central agency; specific development investment
expenditures on the fields of education-training and vocational training,
science and technology, innovation and digital transformation; specific
recurrent expenditure by each field.
b) Budget
revenue collection and spending duties, deficit, loans and transfers from the
central government budget to each province or central-affiliated city according
to points a, b, c and d clause 4, point c clause 5 and clause 6 Article 19 of
this Law; specific development investment expenditures, recurrent expenditures
on the fields of education-training and vocational training, science and
technology, innovation and digital transformation.
3. Decide
specific allocation of unallocated amounts specified in point a clause 5
Article 19 of this Law in a prompt and lawful manner, and send quarterly
reports to the Government that will submit them to the Standing Committee of
the National Assembly and the National Assembly at the nearest meeting.
4. Decide
use of central government budget reserve according to clause 2 Article 10 of
this Law.
Article 27. Duties and powers of the Ministry of Finance
1. Submit
bills, resolutions of the National Assembly, ordinances, resolutions of the
Standing Committee of the National Assembly on finance-budget, national 05-year
financial plans, medium-term public investment plans and other reports and
projects on finance-budget; promulgate legislative documents on finance-budget
within its jurisdiction.
2.
Establish principles, criteria, and norms for allocation of state budget
expenditures; state budget spending regimes, standards, norms; finance - budget
management mechanisms, laws on accounting, payment, final accounts, state
budget entries, finance-state budget reporting and disclosure regimes, and
submit them to the Government for promulgation or promulgate them as
decentralized by the Government for nationwide implementation.
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4.
Consolidate, formulate and submit state budget estimates, central government
budget allocation plans, adjusted state budget estimates; state budget final
accounts to the Government.
5.
Consolidate and submit specific plans to allocate unallocated amounts specified
in clause 3 Article 26 of this Law to the Prime Minister.
6. Decide
assignment of specific state budget revenue collection and spending duties as
decided by the Prime Minister and specific state budget revenue collection and
spending duties for performance of sector management functions and duties to
each ministry, ministerial agency, Governmental agency, another central agency
and each province/city.
7.
Organize the implementation of the state budget; uniformly manage and direct
the collection of taxes, fees, charges, loans, other budget revenues, and
international grants; organize provision of funding for covering state budget
expenditures according to assigned estimates.
8.
Preside over requesting the Prime Minister to consider deciding use of central
government budget reverse in accordance with clause 4 Article 26 of this Law.
9. Take
charge of formulating and submitting annul and 5-year public borrowing and
repayment plans to competent authorities for approval.
10.
Inspect finance - budget regulations of ministries, ministerial agencies,
provincial People’s Councils, provincial People’s Committees and Chairpersons
of provincial People’s Committees; in case regulations of such documents
contravene the Constitution, laws and resolutions of the National Assembly,
ordinances and resolutions of the Standing Committee of the National Assembly
and documents of superior state agencies, proposals to take actions against
such documents shall be made as per law.
11.
Conduct financial-budgetary inspections, impose penalties for or request
competent authorities to impose penalties in accordance with law for violations
of financial-budgetary management regimes committed by ministries, ministerial
agencies, Governmental agencies, other central and local agencies, economic
organizations, administrative divisions, public service providers and other
entities which are obliged to make payments to the state budget or use state
budget.
12.
Manage state budget funds, state reserve funds, state treasury fund and other
funds of the State in accordance with law.
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14.
Disclose the state budget as prescribed in Article 15 of this Law.
Article 28. Duties and powers of the Ministry of Science
and Technology
1. Decide
to promulgate and request competent authorities to promulgate budget spending
regimes, standards and norms applicable to the fields of science, technology,
innovation and digital transformation.
2. Give
guidance on, consolidate and propose state budget expenditure estimates in the
fields of science, technology, innovation and digital transformation (including
development investment expenditure and recurrent expenditure) made by
ministries, ministerial agencies, Governmental agencies, other central and
local agencies according to regulations of this Law, the Law on Public
Investment and specialized sector and field laws, ensuring that total
expenditure and expenditure structure are consistent with the Communist Party's
guidelines and the State’s laws, submit such estimates to the Ministry of
Finance that will consolidate and send them to competent authorities for
consideration and decision.
Article 29. Duties and powers of the State Bank of Vietnam
1.
Cooperate with the Ministry of Finance in formulating and implementing plans
for taking loans to offset state budget deficit.
2.
Provide advance for the state budget to deal with the temporary shortage of the
state budget fund as decided by the Prime Minister.
Article 30. Duties and powers of Ministries, ministerial
agencies, Governmental agencies and other central agencies
1. Make
their own annual budget estimates.
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3.
Inspect and supervise the budget implementation in the sectors and fields under
their charge.
4. Report
the budget implementation, results of and efficiency in the use of budget in
the sectors and fields under their charge.
5.
Promulgate techno-economic norms as the basis for performance-based budget
management in the sectors and fields under their charge.
6. Cooperate
with the Ministry of Finance in formulating budget spending regimes, standards
and norms in the sectors and fields under their charge.
7.
Manage, organize the implementation, finalize and disclose their assigned
budgets; ensure that state budget revenues and expenditures are conformable to
regulations of law and the state budget is efficiently used.
8.
Ministers, heads of ministerial agencies, Governmental agencies and other
central agencies shall exercise their assigned tasks and powers assigned to
them in the field of finance – budget, provide explanations for functional
authorities if requested and take responsibilities for violations under their
management as per the law.
Article 31. Duties and powers of People’s Councils at all
levels
1. Rely
on the budget revenue collection and spending duties assigned by superior
agencies and on local practical conditions to decide:
a)
Estimates of state budget revenues collected in their localities, including
domestic revenue, revenue from crude oil, revenue from export and import, and
receipt of grant aid, which must not be lower than the state budget revenue
estimates assigned by superior agencies;
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c) Local
government budget expenditure estimates, including expenditures of their own
budgets and those of lower level budgets, categorized as development investment
expenditure, recurrent expenditure, interest repayment expenditure, expenditure
on aid provision, transfers to financial reserve funds, budget reserve.
d) Total
loans of local government budgets, including loans for offsetting local
government budget deficit and loans for repayment of principal of local
government budget.
2. Decide
the allocation of their own budget estimates:
a) Total
expenditure covered by their budget, including allocated and unallocated
amounts; development investment expenditures and recurrent expenditures; transfers
to local financial reserve fund; budget reserves;
b)
Development investment expenditure and recurrent expenditure estimates of each
affiliated agency and unit;
c)
Transfers to the budgets of each immediate superior locality, including
budget-balancing transfers and targeted transfers.
3. Ratify
local government budget final accounts.
4.
Decide guidelines and measures for implementing local government budgets.
5. Decide
to adjust local government budget estimates in accordance with Article 54 of
this Law.
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7. Repeal
legislative documents on finance - budget which contravene the Constitution,
laws and resolutions of the National Assembly, ordinances and resolutions of
the Standing Committee of the National Assembly, and documents of superior
state agencies in accordance with regulations of law.
8. Decide
the list of programs, duties, projects, other public investment objects under
medium-term public investment plans using the state budget of the same level;
decide local important investment programs and projects funded by the state
budget.
9. In
addition to the duties and powers specified in clauses 1 through 8 of this
Article, provincial People’s Councils have the following duties and powers:
a) Decide
local 05-year financial plans containing overall and specific objectives;
capacity for collection of state budget revenues in their localities; local
government budget revenues and expenditures, local government budget deficit
and local government budget borrowing limits; major solutions for plan
implementation;
b) Decide
interest repayment expenditure, expenditure on aid provision, transfers to
local financial reserve fund, local government budget deficit and sources for
offsetting the state budget deficit on an annual basis;
c) Decide
local government budget's loan principal repayment sources;
d) Decide
the decentralization of powers over revenue sources and spending duties between
provincial budgets and commune-level budgets according to clause 3 Article 9
and Article 41 of this Law;
dd)
Decide the percentage (%) of sharing between provincial budgets and
commune-level budgets with regard to the revenues to be retained by local
government budgets as prescribed in clause 2 Article 38 of this Law and
revenues to be shared between provincial budgets and commune-level budgets;
e) Decide
to collect fees, charges, and people’s contributions as prescribed by law; be
entitled to impose some fees and charges not included in the List prescribed by
the Law on Fees and Charges.
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g) Decide
principles, criteria and norms for allocation of local government budgets;
h) Decide
or assign provincial People's Committees to decide specific budget spending
regimes, standards and norms according to framework regulations of the
Government or the Ministry of Finance within the balancing capacity of local
government budgets;
i) Decide
to assign commune-level People’s Councils to issue budget spending regimes
within management and balancing capacity of commune-level budgets;
k) Issue
regulations on bonus for increase in revenues from provincial budgets to
commune budgets;
l) Decide
budget spending regimes to perform socio-economic development and welfare
spending duties and ensure social order and safety in their localities in a
manner that is appropriate to the actual situation and within the balancing
capacity of local government budgets;
m) Make
decision on aid granted.
10. The
Government shall elaborate points h, l and m clause 9 of this Article.
Article 32. Duties and powers of People’s Committees at all
levels
1. Make
local government budget estimates and plans for allocation of their budgets
according to clauses 1 and 2 Article 31 of this Law; make adjusted local
government budget estimates in the cases specified in Article 54 of this Law and
submit them to People’s Councils of the same level for decision.
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2. Make
local government budget final accounts and submit them to People’s Councils of
the same level for approval.
According
to resolutions of People’s Councils, commune-level People’s Committees shall
report to provincial People’s Committees and finance authorities, and
provincial People’s Committees shall report to the Ministry of Finance on local
government budget final accounts.
3. Decide
plans for use of revenues in excess of those in estimates and remaining
expenditure estimates of their budgets and report to standing People’s Councils
of the same level on results of implementation or People’s Councils of the same
level at the nearest meeting specified in clause 2 Article 61 of this Law.
4.
Examine resolutions on finance - budget of inferior People’s Councils.
5.
According to resolutions of People’s Councils of the same level, decide to assign:
a) Budget
revenue collection and spending duties to each affiliated agency and unit;
specific development investment expenditures on the fields of
education-training and vocational training, science and technology, innovation
and digital transformation; specific recurrent expenditure by each field;
b) Budget
revenue collection and spending duties of, transfers to, lower-level budgets,
and percentages (%) of revenue sharing between provincial budgets and
commune-level budgets; development investment expenditures, recurrent
expenditures on the fields of education-training and vocational training,
science and technology, innovation and digital transformation.
6. Adjust
local government budget estimates according to regulations in clause 3 Article
54 of this Law.
7.
Arrange and allocate expenditure estimates in respect of unallocated amounts
specified in point a clause 2 Article 31 of this Law and estimates of targeted
transfers from higher level budgets in the year in a timely, efficient and
effective manner that ensures compliance with regulations of law, and submit
periodical reports thereon to standing People's Councils, and also to People's
Councils of the same level at their nearest meeting.
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9.
Cooperate with superior state agencies in managing the state budget in their
localities.
10.
Report and disclose the state budget in accordance with law and other relevant
laws.
11.
Perform performance-based budget management as per the Government’s
regulations.
12. Apart
from the duties and powers specified in clauses 1 through 11 of this Article,
provincial People’s Committees have the following duties and powers:
a) Decide
specific budget spending regimes, standards and norms assigned by People’s
Councils. Decide certain emergency budget expenditures on prevention, control
and recovery from serious disaster, catastrophe, disease and report to People's
Councils at their nearest meeting;
b)
Formulate and submit the documents prescribed in clause 9 Article 31 of this
Law to People’s Councils of the same level;
c) Decide
the use of financial reserve fund and other financial funds of the State in
accordance with this Law and relevant regulations of law.
13.
Direct local finance authorities to preside over and cooperate with relevant
agencies in assisting People’s Committees in performing their duties as
prescribed in clauses 1 through 12 of this Article.
14.
Chairpersons of People’s Committees of various levels shall organize the
performance of assigned duties and exercise of assigned powers in the field of
finance – budget, provide explanations for functional authorities if requested
and take responsibilities for violations under their management in accordance
with law.
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1. Make
annual budget revenue and expenditure estimates; allocate budget estimates
assigned to them by competent authorities to their affiliated units and units
assigned estimates according to regulations in clause 1 Article 51 of this Law
and adjust the budget estimate allocation ratio within their jurisdiction.
2.
Organize the implementation of their assigned budget revenue and expenditure
estimates; fully and promptly transfer amounts payable to the state budget in
accordance with law; ensure that every payment is properly made according to
applicable regimes and policies, to serve the predetermined purposes and to
correct beneficiaries in a thrifty and effective manner.
3.
Provide guidance on and inspect the collection of budget revenues and payment
of budget expenditures by their affiliated units and units assigned estimates
according to clause 1 Article 51 of this Law.
4. Comply
with regulations of law on accounting and statistics; report, finalize and
disclose information on their budgets in accordance with law; approve final
accounts of budgets of inferior budget estimate units.
5. In
addition to the duties and powers prescribed in clauses 1 to 4 of this Article,
public service providers are entitled to proactively use revenues from fee
collection and other lawful sources to develop and improve quality and
effectiveness of their operations in line with the Government’s regulations.
6. Public
service providers and state agencies exercising autonomy and
self-responsibility for their payrolls and funding shall promulgate internal
spending regulations in conformity with their assigned budget estimates as per
the law.
7. Heads
of budget estimate units shall perform exercise their tasks and powers assigned
to them in the field of finance – budget, provide explanations for functional
authorities if requested and assume responsibilities for violations in the
fields under their management in accordance with law.
Article 34. Duties and powers of investors
1.
Exercise powers and assume responsibilities according to regulations of the Law
on Public Investment.
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Article 35. Powers and obligations of agencies,
organizations, units and individuals related to state budget
1.
Sufficiently and punctually pay taxes, fees, charges, and other payables to
state budget as prescribed by law.
2. In
case aid, capital, or funding is provided by the State according to given
budget estimates, such amounts must be managed and used properly in terms of
purposes, regimes, thriftiness, efficiency, and financial statements must be
submitted to finance authorities.
3. Adhere
to regulations of law on accounting, statistics, and disclosure of budget.
4. Be
provided with information, participate in public supervision of finance -
budget as prescribed by law.
5. Take
responsibilities for violations as per law.
Chapter III
REVENUE SOURCES AND SPENDING DUTIES OF
VARIOUS LEVELS OF GOVERNMENT BUDGETS
Article 36. Sources of revenue of central government budget
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a) Export
and import duties, additional import duties;
b) Excise
tax on imports;
c)
Severance tax, corporate income tax, profits distributed to the home country
and other revenues from petroleum exploration and extraction;
d) Grant
aid provided by the Government of other countries, international organizations,
other overseas organizations and individuals for Vietnam’s Government and
State;
dd) All
revenues from fees for services provided by a central state agency. Fees
for services provided by public service providers and organizations assigned by
competent authorities to provide public services shall be transferred to the
state budget as per law;
e) Fees
collected by central state agencies, except for registration fees prescribed in
point e clause 1 Article 38 of this Law;
g)
Collected fines for administrative violations, other fines effected by central
state agencies in accordance with law;
h)
Revenues payable to state budget from operation and disposal of public property
managed and disposed by central agencies, organizations and units in accordance
with regulations of law on management and use of public property;
i)
Proceeds from the recovery of central government budget capital invested in
economic organizations; cash dividends and profits of joint-stock companies,
multi-member limited liability companies that have state capital and ownership
of which is represented by a Ministry, ministerial agency, Governmental agency,
or an organization assigned by the Government; revenues from post-tax profit
that remains after making contributions to various funds of enterprises 100% of
charter capital of which is held by the State and ownership of which is
represented by a Ministry, ministerial agency or Governmental agency; positive
difference between revenue and expenditure of the State Bank of Vietnam after
deducting risk provisions and making contributions as per law;
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l)
Central government budget remainder revenues;
m)
Revenues carried over from last year’s budget of central government budget;
n)
Additional corporate income tax according to global anti-base erosion rules;
o)
Revenues from overseas good and service providers;
p)
Revenues from fees for processing of application for rights to use radio
frequencies;
q) Other
revenues prescribed by law.
2.
Revenues shared by a percentage (%) between central government budget and local
government budgets:
a)
Corporate income tax, (except for corporate income tax on petroleum exploration
and extraction and additional corporate income tax according to global
anti-base erosion rules);
b)
Personal income tax;
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d)
Environment protection tax;
dd)
Revenues from charges for granting mining right and fees for granting water
resource extraction right by central competent agencies. Revenue shall be
distributed as follows: 70% to central government budget, 30% to local
government budget;
e)
Value-added tax (excluding refunded value-added tax according to the Law on
Value-Added Tax). Tax shall be distributed as follows: 70% to central
government budget, 30% to local government budget. Collected VAT shall be
distributed among administrative divisions according to applicable rules and
criteria established by the Standing Committee of the National Assembly.
g) Levies
on land, land rents, except for collected levies on land associated with
property attached to land under the management of central agencies,
organizations and units as prescribed in point h clause 1 of this Article.
Regarding a local government that does not receive budget-balancing transfers,
such amounts shall be distributed as follows: 20% to central government budget,
80% to local government budget. Regarding a local government that receives
budget-balancing transfers, such amounts shall be distributed as follows: 15%
to central government budget, 85% to local government budget;
3. The
Government shall specify the percentage (%) of each revenue shared between
central government budget and local government budget specified in points a, b,
c and d clause 2 of this Article, ensuring the leading role of central
government budget and long-term stability of local government budgets and
submit them to the National Assembly for consideration and decision.
In case
there are major fluctuations in state budget revenues and expenditures or large
differences in state budget revenues and expenditures among administrative
divisions and it is necessary to adjust the percentage (%) of revenues shared,
the Government shall re-specify the percentage (%) of revenues shared as
specified in points a,b,c,d,dd and g clause 2 of this Article and submit them
to the National Assembly for consideration and decision.
Article 37. Spending duties of the central government
budget
1.
Development investment expenditure:
a)
Investment in programs, projects and tasks, and other objects of public
investment of Ministries, ministerial agencies, Governmental agencies, other
central agencies, and state-owned enterprises as prescribed in law on public
investment;
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c) Other
development investment expenditures prescribed by law.
2.
National reserve expenditure.
3. Powers
over recurrent expenditures of Ministries, ministerial agencies, Governmental
agencies, and other central agencies are decentralized in the following fields:
a)
National defense;
b)
Security and social order and safety;
c)
Education, training and vocational training;
d)
Science, technology, innovation and digital transformation;
dd)
Health, population, and family;
e)
Culture and information;
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h)
Physical training and sports;
i)
Environmental protection;
k)
Economic activities;
l)
Activities of state management authorities, political organizations, Central
Committee of Vietnam Fatherland Front and socio-political organizations
affiliated to Central Committee of Vietnam Fatherland Front; provision of
support for social organizations in accordance with law;
m)
Expenditures on social security;
n) Other
expenditures prescribed by law.
4.
Expenditure on payment of interests on the loans taken by the Government.
5.
Expenditure on aid provision as prescribed by the Government.
6.
Expenditure on granting loans as prescribed by the Government.
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8.
Expenditures of central government budget carried over to the next year.
9.
Budget-balancing transfers and targeted transfers to local government budgets.
Article 38. Sources of revenue of local government budgets
1. The
following revenues are wholly retained by local government budgets:
a)
Severance tax, except for that on petroleum exploration and extraction;
b) Levies
on agricultural land;
c) Levies
on non-agricultural land;
d) Rent
for lease of water surface, fees for use of sea areas;
dd)
Proceeds from the lease and sale of state-owned houses;
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g)
Revenues from construction lottery;
h)
Proceeds from the recovery of local government budget capital invested in
economic organizations; cash dividends and profits of joint-stock companies,
multi-member limited liability companies that have state capital and ownership
of which is represented by a provincial People’s Committee; revenues from post-tax
profit that remains after making contributions to various funds of enterprises
100% of charter capital of which is held by the State and ownership of which is
represented by a provincial People’s Committee;
i)
Revenues from local financial reserve funds;
k)
Revenues payable to state budget from operation and disposal of public property
managed and disposed by local agencies, organizations and units in accordance
with regulations of law on management and use of public property;
l) Grant
aid directly provided by international organizations, other organizations,
overseas individuals for local governments;
m) All
revenues from fees for services provided by local state agencies. Fees
for services provided by public service providers and organizations assigned by
competent authorities to provide public services shall be transferred to the
state budget as per law;
n) Fees
collected by local state agencies;
o)
Revenues from charges for granting mining right and fees for granting water
resource extraction right by local competent agencies.
p)
Collected fines for administrative violations, other fines effected by local
state agencies in accordance with law;
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r)
Contributions of agencies, organizations and individuals as prescribed by law;
s) Local
government budget remainder revenues;
t)
Revenues carried over from last year’s budget of local government budgets;
u) Other
revenues prescribed by law.
2.
Percentage (%) of sharing between the central government budget and local
government budgets as specified in clause 2 Article 36 of this Law.
3.
Budget-balancing transfers and targeted transfers from the central government
budget.
Article 39. Spending duties of local government budgets
1.
Development investment expenditure:
a)
Investment in programs, projects and tasks, and other objects of public
investment falling under jurisdiction of local governments in accordance with
regulations of law on public investment, and the spending duties specified in
point d clause 5 Article 9 of this Law;
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c)
Offsetting interest rate differences, management fees and grant of entrusted
loans via policy banks for implementing socio-economic policies in localities;
d) Other
development investment expenditures prescribed by law.
2. Powers
over recurrent expenditures of local agencies and units are decentralized in
the fields of:
a)
Education, training and vocational training;
b)
Science, technology, innovation and digital transformation;
c)
National defense, security and social order and safety, the part assigned to
localities for management; support for some central government budget spending
duties;
d)
Health, population, and family;
dd)
Culture and information;
e) Radio,
television;
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h)
Environmental protection;
i)
Economic activities;
k)
Activities of state management authorities, political organizations,
provincial-level and commune-level Vietnam Fatherland Front Committees and
socio-political organizations affiliated to provincial-level and commune-level
Vietnam Fatherland Front Committees; provision of support for social
organizations in accordance with law;
l)
Expenditures on social security;
m) Other
expenditures prescribed by law.
3.
Expenditure on payment of interests on the loans taken by local governments.
4.
Transfers to local financial reserve funds.
5.
Expenditure on aid provision as prescribed by the Government.
6.
Expenditure on granting loans as prescribed by the Government.
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8.
Budget-balancing transfers and targeted transfers to commune-level budgets.
9.
Expenditures on support for performance of some duties specified in points
a, b and c and h clause 5 Article 9 of this Law.
Article 40. State budget expenditures covered by funding
for public investment and funding for recurrent expenditures
1.
Compensation, support, and relocation upon the State’s land appropriation
or land requisition; preparation for site clearance, site
clearance .
2. Costs
for preparation, approval for public
investment projects using ODA funds and/or foreign concessional loans.
3.
Formulation, appraisal, approval of pre-feasibility study reports, investment
policy proposal reports; formulation, appraisal, decision on investment in
projects.
4.
Procurement, repair, renovation, and upgradation of property and equipment;
leasing of goods and services; repair, renovation, upgradation, expansion and
new construction of work items of existing investment projects.
5.
Planning.
6. Other
necessary tasks.
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Article 41. Principles of decentralizing powers over
revenue sources and spending duties between provincial budgets and
commune-level budgets
On the
basis of revenue sources and spending duties of local government budgets
prescribed in Articles 38 and 39 of this Law, provincial People’s Councils
shall decide to decentralize powers over specific revenue sources, percentage
(%) of revenue and spending duties sharing between provincial budgets and
commune-level budgets in a manner that suits the decentralization of powers
over socio-economic management, national defense and security in each field and
economic, geographical and population characteristics, and managerial capacity
of each region and locality.
Article 42. Determination of budget-balancing transfers
1. Local
government budgets are entitled to use the revenues wholly retained and shared
revenues with regard to shareable revenues, and budget-balancing transfers from
higher level budgets to balance their revenues and expenditures to ensure the
performance of the assigned socio-economic, national defense and security
tasks.
2.
Budget-balancing transfers shall be determined on the basis of:
a)
Calculation of revenue sources and spending duties prescribed in Articles 36,
38 and 39 of this Law according to regulations of law on taxes, fees, charges
and other budget revenues; budget allocation principles, criteria and norms,
and budget spending regimes, standards and norms based on the criteria:
population, natural conditions and socio-economic conditions of each region;
paying attention to revolutionary base areas, areas inhabited by many
ethnic minorities, disadvantaged areas and extremely disadvantaged areas; areas
with large paddy acreage; protection forest and special-use forest areas; key
economic areas;
b)
Collected fees and charges not included in the List of fees and charges as
prescribed in the Law on Fees and Charges in accordance with regulations in
point e clause 9 Article 31 of this Law, collected land levies retained by
local government budgets as specified in point g clause 2 Article 36 of this
Law and revenues from construction lottery specified in point g clause 1
Article 38 of this Law are not used to determine balancing transfers from
central government budget to local government budgets.
Article 43. Determination of targeted transfers
1.
Targeted transfers from higher level budgets to lower level budgets shall be
determined according to the budget allocation principles, criteria and norms,
budget spending regimes, standards and norms; capacity of higher level budgets
and budget-balancing capacity of each lower level locality.
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a)
Implementation of new policies or regimes promulgated by superior agencies
which are yet to be included in annual budget estimates;
b)
Implementation of national target programs and other programs and projects of
superior agencies assigned to inferior agencies;
c)
Provision of financial support for the remediation of consequences of
widespread disasters, catastrophes and epidemics beyond the balancing capacity
of the lower level budget;
d)
Provision of support for execution of some programs and projects of national
importance, key programs and projects which are necessary to boost local
socio-economic development.
Chapter IV
MAKING OF STATE BUDGET ESTIMATES
Article 44. Bases for making annual state budget estimates
1. Tasks
of socio-economic development, national defense and security assurance, foreign
policy and gender equality.
2.
Functions and duties of Ministries, ministerial agencies, Governmental agencies,
and other central agencies and organizations, local agencies, organizations and
units.
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4.
Decentralization of powers over budget revenue sources and budget
spending duties and percentage (%) of revenue sharing and budget-balancing
transfers from higher level budgets to lower level budgets.
5. Legal
documents of competent authorities and state agencies providing guidance on
formulation of plans for socio-economic development and state budget estimates
for the next year.
6.
05-year financial plans, state budget-funded medium-term public
investment plans.
7.
Implementation of the state budget of the previous year.
Article 45. Requirements for making of annual state budget
estimates
1. State
budget estimates shall be sorted by revenue, expenditure and the structure of
development investment expenditure, recurrent expenditure, national reserve
expenditure, interest repayment expenditures, expenditures on aid provision,
transfers to financial reserve fund, budget reserve.
2. Budget
estimates of budget estimate units and estimate of each budget level shall
contain all revenues and expenditures according to the forms and time limits
prescribe by competent state agencies. Where:
a) Budget
revenue estimates are made on the basis of predicted macro-economic indicators
and relevant indicators, regulations of law on taxes, fees, charges and other
budget revenues;
b)
Development investment expenditure estimates are made on the basis of planning,
plans, programs, projects and spending duties approved by competent authorities
as per law; 05-year financial plans; state budget-funded medium-term investment
plans, capacity for balancing resources in the estimating year, regulations of
law;
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The
making of state budget estimates by state agencies exercising autonomy and
self-responsibility for their payrolls and funding for administrative
management; public service providers exercising autonomy and
self-responsibility for performing their tasks and organizing their apparatus,
payrolls and finance; funding for provision of services and collection of fees
by state administrative agencies shall comply with the Government’s
regulations;
d)
Priority shall be given to allocating state budget expenditure estimates to the
fields of education-training and vocational training, science and technology,
innovation and digital transformation according the Communist Party’s
guidelines and the State’s laws by each field;
dd)
Expenditure estimates for execution of programs, schemes, projects and duties
approved by competent authorities in multiple years are made on the basis of
annual execution capacity and total funding approved (if any);
e) Debt
repayment expenditure estimates are made on the basis of the payment of debts
due in the estimating year;
g)
Estimates of loans for offsetting state budget deficit are made on the basis of
the state budget balance, capacity of each borrowing source and solvency and
debt safety limit under the National Assembly’s resolution.
Article 46. Time for providing instructions on making,
consolidating, deciding, and assigning state budget estimates
1. Before
May 15, the Prime Minister shall promulgate regulations on formulating
socio-economic development plans and state budget estimates of the next year.
2.
Before September 20, the Government shall submit the documents and
reports mentioned in Article 49 of this Law to the Standing Committee of the
National Assembly for its opinions, and then receive such opinions and complete
these documents and reports to send them to the National Assembly.
3. The
Government’s reports shall be sent to National Assembly deputies at least 20
days before the opening of the year-end meeting of the National Assembly.
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5. Before
November 20, the Prime Minister shall assign the next year’s budget revenue and
expenditure estimates to each of the Ministries, ministerial agencies,
Governmental agencies, other central agencies, provinces and cities.
6. Before
December 10, provincial People’s Councils shall decide local government budget
estimates and allocation of provincial budget of the next year. Commune-level
People’s Councils shall decide their next year’s local government budget
estimates and allocation of their next year’s budget within 10 days from the
date on which provincial-level People’s Councils decide budget estimates and
budget allocation.
7. Within
05 working days from the day on which the People’s Council decides budget
estimates, the People’s Committee of the same level shall assign the budget
estimate of the next year to each of its affiliated agencies and units; and
concurrently submit a report to the immediate superior People’s Committee and
finance authority, the provincial People’s Committee shall report to the
Ministry of Finance the budget estimates decided by the provincial People’s
Council.
8. Before
December 31, Ministries, ministerial agencies, Governmental agencies, other
central agencies, and People’s Committees at all levels must finish assigning
budget estimates to their affiliated agencies, units, and units assigned
estimates according to clause 1 Article 51 of this Law and inferior People’s
Committees.
Article 47. Responsibilities of agencies, organizations and
units for making annual budget estimates
1. Each
local government budget collecting agency shall make state budget revenue
estimate within each locality and send it to superior budget collecting agency
and finance authority in each locality. Central government budget collecting
authorities shall make estimates of state budget revenues of their assigned
fields and send them to the Ministry of Finance for consolidation and making of
state budget estimates.
2. Budget
use units and budget estimate units shall make budget revenue and expenditure
estimates within the bounds of their assigned tasks, assume their
responsibilities for documents and data reported to superior budget estimate
units; level-I budget estimate units shall consolidate and take
responsibilities for documents and data reported to finance authorities of the
same level.
3. Local
finance authorities at all levels shall consolidate and balance budget
estimates of agencies, organizations and units at the same level and of
inferior local governments; preside over and cooperate with relevant agencies
in consolidating and making local government budget estimates and their budget
allocation plans in accordance with clauses 1 and 2 Article 31 of this Law,
then submit reports thereon to People’s Committees at the same level.
4.
People’s Committees shall consolidate and make local government budget
estimates and report them to standing People's Councils at the same
level for their consideration and opinions. Provincial People’s Committees
shall send budget estimates to the Ministry of Finance and relevant agencies
according to regulations for consolidation and making of state budget estimates
for submission to the Government; also to National Assembly deputies’
delegations for supervision.
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6. The
Ministry of Finance shall consolidate and balance budget estimates of
Ministries, ministerial agencies, Governmental agencies, other central and
local agencies; preside over and cooperate with relevant Ministries and
agencies in consolidating and making state budget estimates and central
government budget allocation plans and submit them to the Government in
accordance with Article 49 of this Law.
Article 48. Discussing and deciding state budget
estimates and annual budget allocation plans.
1.
Ministries, ministerial agencies, Governmental agencies, other central
agencies, local agencies, organizations and units shall hold discussions about
estimates with their affiliated agencies and units.
2.
Finance authorities at all levels shall preside over holding:
a)
Discussions about budget estimates with agencies and units at the same level;
b)
Provincial finance authorities shall discuss state budget revenue estimates,
commune-level budget expenditure estimates and budget balancing transfers,
targeted transfers from provincial budgets to commune-level budgets with
commune-level People’s Committees;
c) The
Ministry of Finance shall discuss state budget revenue estimates, local
government budget expenditure estimates and budget balancing transfers,
targeted transfers from central government budget to local government budgets
with provincial-level People’s Committees.
3. During
a discussion about a budget estimate or budget allocation plan, if there is any
revenue or expenditure that is unlawful or unsuitable for the budget capacity
and socio-economic development orientations, the finance authority shall
request adjustment thereof. If there is any discrepancy in opinions between the
finance authority and other agencies or units at the same level and inferior
People’s Committee, the local finance authority shall report it to the People’s
Committee at the same level for its decision; the Ministry of Finance shall
report it to the Prime Minister for his decision.
4. Procedures
for requesting the National Assembly to decide the state budget estimate and
central government budget allocation plan shall be followed as follows:
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b) The
Economic and Financial Committee of the National Assembly shall
preside over verifying the Government’s reports submitted to the Standing
Committee of the National Assembly, the National Assembly;
c)
According to verification opinions of the Economic and Financial
Committee of the National Assembly and opinions of the Standing Committee of
the National Assembly, the Government shall complete the reports and submit
them to the National Assembly;
d) The
National Assembly shall discuss and decide the next year’s state budget
estimate and central government budget allocation plan. In the course of
discussing and deciding the state budget estimate and central government budget
allocation plan, if budget revenues and expenditures are adjusted, the National
Assembly shall decide solutions for maintaining the budget balance.
5. The
Standing Committee of the National Assembly shall prescribe procedures for
verification of state budget estimates and central government budget allocation
plans by National Assembly agencies.
Article 49. Documents submitted by the Government to
the National Assembly on state budget estimates and central government budget
allocation plans
1.
Assessment of implementation of current year’s state budget; bases for making
of state budget estimates and allocation of the central government budget;
basic contents and solutions for implementation of state budget estimates.
2. State
budget revenue estimates enclosed with solutions for mobilization of revenue
sources for the state budget.
3. State
budget expenditure estimates, explicitly stating prioritized policies,
important objectives and programs of the Communist Party and the State related
to the state budget.
4. State
budget deficit and offsetting sources; the ratio of the deficit to the gross
domestic product.
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6. Report
on public debts in accordance with the Law on Public Debt Management,
explicitly stating due debts, overdue debts, interests payable in the year,
additional debts derived from loans for offsetting the state budget deficit,
loans taken to repay principal of state budget loans, debt repayment capacity
in the year and debts by the year end.
7. Report
on implementation the financial plan, the next year’s financial plans of state
off-budget financial funds under the management of central agencies;
8.
Specific policies and measures for finance and state budget stabilization.
9. List,
progress and the planning year’s investment estimates of state budget-funded
key national programs and projects decided by the National Assembly;
10.
Expenditure estimate of each of the Ministries, ministerial agencies,
Governmental agencies, other central regulatory agencies sorted by field;
revenue collection and spending duties, deficit level, and transfers from
the central government budget to the budget of each province or city.
11. Other
documents clearly explaining estimates of state budget revenues and
expenditures and central government budget allocation plan; fee, charge and tax
exemption or reduction (if any) in the state budget estimate report submitted
to the National Assembly.
Article 50. Re-making of state budget estimates
1. In
case the state budget estimate and central government budget allocation plan
are yet to be decided by the National Assembly, the Government shall re-make
the state budget estimate and the central government budget allocation plan for
submission to the National Assembly at the time decided by the latter.
2. In
case the local government budget estimate and the plan for allocation of the
budget of its level are yet to be decided by the People’s Council, the People’s
Committee shall re-make such estimate and plan for submission to the People’s
Council at the time decided by the latter which, however, must not be later
than the time limit prescribed by the Government.
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Chapter V
IMPLEMENTATION OF THE STATE BUDGET
Article 51. Allocating and assigning state budget estimates
1. After
receiving budget estimates allocated by the Prime Minister or People’s
Committees, central and local level-I budget estimate units shall allocate and
assign budget estimates to budget-using units under their management, units in
charge of managing infrastructure property as prescribed in law on management
and use of public property, units in charge of operating and maintaining
infrastructure property, units assigned to perform tasks according to the
Government’s regulations and units of lower level budgets if authorized to
perform spending duties to be covered by their budgets, and submit reports
thereon to finance authorities of the same level and to the State Treasury
where transactions are conducted. Allocation and assignment of budget estimates
must be made in a timely manner that meets the requirements laid down in
Article 52 of this Law.
2. The
finance authorities of the same level shall examine estimates assigned by
level-I budget estimate units to budget-using units in terms of its total
amount and details specific to each field; funding included in estimates for
tasks and projects decided by the Prime Minister or People’s Committees. If it
is detected that the allocation is against the assigned budget estimate in
terms of its total amount and details specific to each field and task, they
shall request level-I budget estimate units to make an adjustment within 10
working days from the date of receiving the latter’s allocation report. After
the adjustment, level-I budget estimate units shall send them to finance
authorities of the same level and State Treasury for implementation.
3. Apart
from the agencies competent to assign budget estimates, no other organization
or individual may change the assigned budget tasks.
Article 52. Requirements and time limits for allocation and
assignment of state budget estimates
1. The
allocation and assignment of budget estimates to budget-using units must
ensure:
a)
Conformity with the assigned budget estimates in terms of their total amount
and details specific to each field and assigned revenue collection and spending
duty;
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c)
Allocation of sufficient capital and funding for recovery of amounts to cover
expenditures included in the estimate when they become due in the year, and
reciprocal capital for projects funded by official development assistance (ODA)
of foreign donors under commitments;
d) For
allocation of development investment capital, satisfaction of requirements
prescribed by the Law on Public Investment, the Law on Construction and other
relevant laws;
dd) For
allocation of targeted transfers from higher level budgets to lower level
budgets, achievement of correct targets, serving of correct beneficiaries and
proper implementation of commitments or regulations on allocation of local
government budgets for those targets.
2. Time
limits for allocating and assigning state budget estimates:
a)
For budget estimates assigned under clauses 5 and 7 Article 46 of this
Law, level-I budget estimate units must complete the budget allocation and
assignment to their budget-using units before December 31 of the previous year
in accordance with clause 8 Article 46 of this Law;
b) In
case additional budget estimates are assigned, within 10 working days from the
date of receiving the additional budget estimates, higher level budget estimate
units and inferior People’s Committees must complete the allocation and
assignment of these estimates as per regulations. Inferior People’s Committees
shall send reports to People’s Councils of the same level at their nearest
meetings on decision on assignment of additional budget estimates.
Article 53. Temporary allocation of state budget-derived
funding
1. Cases
of temporary allocation of state budget-derived funding:
a) At the
beginning of the budget year, the National Assembly or the People’s Council has
not yet decided budget estimates; or the Prime Minister, the People’s Committee
has not yet assigned budget estimates;
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2.
Finance authorities and State Treasuries shall be responsible for temporarily
allocating state budget-derived funding to perform spending duties which cannot
be delayed. To be specific:
a)
Payment of salaries and salary-like amounts;
b)
Provision of public services and performance of official duties;
c)
Provision of budget-balancing transfers to lower level budgets;
d) Other
necessary funding for the operation of the state apparatus, except for
equipment procurement and repair;
dd)
Provision of funding for transitional projects of national target programs and
for projects of national importance; and for other important and urgent
transitional investment projects to remedy consequences of disasters,
catastrophes and epidemics.
3. The
maximum monthly temporarily allocated funding for the tasks prescribed in
points a, b, c and d clause 2 of this Article must not exceed the monthly
average expenditure of the previous year.
4.
Government shall report expenditures on programs and projects funded by ODA and
concessional loans from donors which have not been estimated or exceed the
assigned estimates to the Standing Committee of the National Assembly for its
opinions before enactment and to the National Assembly at its nearest meeting.
Article 54. Adjustment of state budget estimates
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2. The
Government shall decide to adjust revenue and expenditure estimates of some
Ministries, ministerial agencies, Governmental agencies, other central
agencies, provinces and cities without increase in total loan and state budget
deficit, and periodically report to the Standing Committee of the National
Assembly and to the National Assembly at its nearest meeting in the following
cases:
a) The
revenue is expected to be higher than or lower than estimated and thus spending
duties in the state budget estimate decided by the National Assembly have to be
adjusted accordingly;
b)
Adjustments to structure of development investment expenditure, recurrent
expenditure or expenditure have been decided by the National Assembly;
c) The
adjustment is made in case of an imperative of national defense or security
requirements or for objective reasons.
d) Total
loans and budget deficits of all local government budgets after adjustment do
not exceed the maximum permissible loan and budget deficits of local government
budgets decided by the National Assembly.
3.
People’s Committees at all levels shall decide to adjust local government
budget estimates and periodically report to standing People’s Councils and
People’s Councils at their nearest meetings in the following cases:
a) The
revenue is expected to be higher than or lower than estimated and thus spending
duties in the state budget estimate decided by the People’s Council have to be
adjusted accordingly;
b)
Adjustments to structure of development investment expenditure, recurrent
expenditure or specific expenditure estimates assigned by People’s Committees
or expenditure have been decided by People’s Councils;
c) The
adjustment is made in case of an imperative of national defense or security
requirements or for objective reasons.
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dd) There
is a need to adjust the budget estimates of some budget estimate units or
localities at lower level.
4. The
Government shall request the provincial People’s Councils to adjust their
budget estimates if the allocation of local government budgets fails to conform
to the National Assembly’s resolution.
5.
Provincial-level People’s Committees shall request commune-level People’s
Councils to adjust their budget estimates if the allocation of local government
budgets fails to conform to the resolutions of provincial-level People’s
Councils.
Article 55. Adjustment to budget estimates assigned
to budget-using units
1. A
level-I budget estimate unit shall adjust the budget estimate assigned to a
budget-using unit in the following cases:
a) The
budget estimate is adjusted as prescribed in Article 54 of this Law;.
b) The
finance authority requests the level-I budget estimate unit to adjust the
estimate as prescribed in clause 2 Article 51 of this Law;
c) It is
required to adjust budget estimates assigned to budget-using units within the
total amount and details specific to each assigned expenditure.
2. The
estimate adjustment must satisfy requirements for estimate allocation and
assignment specified in clause 1 Article 52 of this Law. After adjusting any
estimate, level-I budget estimate units shall send the adjustment to the
finance authority at the same level for examination and to the State Treasury
where the transaction is made for implementation.
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Article 56. Organization of state budget management
1.
Agencies, organizations, units, and individuals have the responsibility to,
within the bounds of their duties and powers, work out necessary solutions for
ensuring the fulfillment of the assigned budget revenue collection and spending
duties, practice thrift and combat waste and corruption; strictly adhere to
financial rules and maintain financial discipline.
2. All
agencies, organizations, units and individuals must fulfill their budget
payment obligation in accordance with law; use state budget-derived funding for
their intended purposes, according to prescribed regimes and in an economical
and efficient manner.
3.
Finance authorities have the responsibility to provide sources of funding for
timely payment of expenditures as estimated.
Article 57. Organization of collection of state budget
revenues
1. Only
budget revenue-collecting authorities may organize the collection of budget
revenues.
2. Budget
revenue-collecting authorities have the following duties and powers:
a)
Cooperate with other relevant state agencies in organizing the collection of
revenues in a proper, adequate and timely manner as prescribed by law; comply
with the direction and inspection by the Ministry of Finance, superior managing
agencies, People’s Committees and supervision by People’s Councils; cooperate
with the Vietnamese Fatherland Front and its member organizations in
encouraging organizations and individuals to fulfill their budget payment
obligation in accordance with this Law and relevant regulations of law;
b)
Organize management and collection of taxes, fees, charges, and other budget
revenues directly payable to the State Treasury. Make payments to the State
Treasury in full and on schedule according to regulations of the Ministry of
Finance in the event of authorized collection;
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d)
Examine and control sources of budget revenues; examine and inspect the
adherence to regulations on budget declaration, budget revenue collection and
budget payment and impose penalties for violations in accordance with law.
3. State
Treasuries may open accounts at the State Bank of Vietnam and commercial banks
to collect state budget revenues; include revenues sufficiently and promptly in
the budget and regulate the revenues among various levels of budgets as
prescribed.
Article 58. State budget payment organization
1.
Capital or funds may be advanced for investment projects and other urgent
spending duties with a view to performance of jobs under signed contracts. The
advanced capital depends on the contract value, must not exceed the assigned
budget estimate, and must comply with relevant regulations of law. Advanced
capital and funding shall be recovered when the completed volume or duties are
paid for.
2. Lower
level budgets may receive advance from higher level budgets to perform spending
duties according to the assigned budget estimates where necessary.
3.
According to assigned budget estimates and requirements for duty performance:
a) Heads
of budget-using units shall be responsible for management and use of budgets in
accordance with regulations of law, within the assigned estimates, in an
effective and economical manner, and according to expenditure conditions
specified in clause 2 Article 12 of this Law, and withdrawal of money at the
State Treasury where transactions are conducted;
b)
Inferior finance authorities shall withdraw transfers from higher level budgets
at State Treasuries.
4. As
requested by budget-using units, State Treasuries where transactions are
conducted shall provide funding for covering state budget expenditures when
such expenditures are included in budget estimates assigned by competent
authorities or in case of temporary allocation according to regulations in
Article 53 of this Law.
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Article 59. Advancing next year's budget estimates
1.
Budgets at all levels may receive advance funding from next year’s budget
estimates to execute important and urgent programs, tasks and projects decided
by competent authorities. The advanced funding must not exceed 30% of total
estimated expenditure on these programs, tasks and projects. Upon allocation of
the next year’s budget estimate, the advance funding must be recovered in full.
Otherwise, next year’s budget estimate is not permitted to be advanced.
2. The
Government shall elaborate on principles, criteria and conditions for advancing
next year's budget estimates.
Article 60. Handling of temporary shortage of the state
budget fund
1. If the
central government budget fund faces a temporary shortage, it may receive
advance from the central financial reserve fund, state treasury fund and other
lawful financial sources to have the shortage handled; if the financial reserve
fund, state treasury fund and other sources cannot cover such advance, the
State Bank of Vietnam shall provide advance to central government budget under
a decision of the Prime Minister. Advance from the State Bank of Vietnam shall
be reimbursed within the budget year, except for special cases decided by the
Standing Committee of the National Assembly.
2. If a
provincial budget fund faces a temporary shortage and has not yet met spending
needs according to the estimate, it may receive advance from the local
financial reserve fund, central financial reserve fund, central government
budget and other lawful financial sources to have the shortage handled and such
advance shall be reimbursed within 12 months from the date of advance payment.
3. If a
commune-level budget fund faces a temporary shortage and has not yet met
spending needs according to the estimate, it may receive advance from the
provincial financial reserve fund, provincial budget and other lawful financial
sources to have the shortage handled and such advance shall be reimbursed
within 12 months from the date of advance payment.
Article 61. Handling of increases or decreases in revenues
and expenditures compared to budget estimates during implementation of the
state budget
1. The
revenue is expected to be higher than or lower than the estimated revenue as
decided by the National Assembly or a People’s Council, the Government or a
People's Committee shall decide to adjust spending duties in accordance with
regulations in point a clause 2 and point a clause 3 Article 54 of this Law.
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a) Reduce
deficit, increase debt repayment, including principal and interest;
b)
Increase state budget reserves within the limit specified in clause 1 Article
10 of this Law and financial reserves within the limit specified in clause 1
Article 11 of this Law;
c) Supplement
sources for implementation of wage policies;
d)
Increase expenditures on investment in some important projects;
dd)
Implement some social security policies;
e)
Perform the tasks prescribed in clause 3 and clause 4 of this Article.
The
Government shall decide use of the increase in revenue compared to budget
estimate and remaining expenditure estimate of the central government budget
and report the use result to the Standing Committee of the National Assembly
and to the National Assembly at its nearest meeting. Each People’s Committee
shall decide use of the increase in revenue compared to budget estimate
and remaining expenditure estimate of its budget and report the use result to
the standing People’s Council of the same level and to the People’s Council of
the same level at its nearest meeting.
3. Bonus
for revenues in excess of those in the estimate:
a) If the
revenues are higher than those in the estimate due to the increases in revenues
distributed as prescribed in points a, b, c and d clause 2 Article 36 of this
Law and the central government budget does not face a deficit, the central
government budget shall set aside an amount not more than 20% of the increase
in revenues as bonus for localities that have revenue increases; however, the
bonus must not exceed the last year’s increase in revenues;
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c)
According to the level of bonus decided by the Government, the provincial-level
People’s Committee shall decide to use the bonus to make investment in
construction of infrastructure programs and projects, performance of important
tasks, and issuance of bonus to commune-level budgets;
d)
Provincial People’s Committees shall submit the regulations on issuance of
bonus for increase in revenues shared between provincial budgets and
commune-level budgets to the People’s Councils at the same level.
4. In
case of allocation of increase in revenue compared to budget estimate and
remaining expenditure estimate of the budget to programs, tasks and projects
not included in the medium-term public investment plan, the allocation shall
comply with the Government’s regulations.
5. At the
end of the budget year, if the local government budget faces a deficit compared
to the estimate for an objective reason and cannot be balanced after reduction
in spending duties as prescribed in clause 1 of this Article and use of other
local lawful financial resources, the lower level budget may receive support
from the higher level budget within the latter’s capacity.
Article 62. State budget implementation report
1. Tax
agencies and customs agencies at various levels shall submit periodic reports
to finance authorities and relevant agencies on collection of state budget
revenues as prescribed by law.
2. State
Treasuries shall submit periodic reports to finance authorities and relevant
agencies on collection of state budget revenues and payment of state budget
expenditures as prescribed by law.
3.
Level-I budget estimate units shall submit periodic reports to finance
authorities and relevant agencies on collection of state budget revenues and
payment of state budget expenditures as prescribed by law.
4. Local
finance authorities at all levels shall submit periodic reports to People’s
Committees at the same level and relevant agencies on collection of state
budget revenues and payment of state budget expenditures; submit reports on use
of targeted transfers from the higher level budget to superior finance
authorities as prescribed by law.
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6.
Inferior People’s Committees shall submit periodic reports on collection of
local government budget revenues and payment of local government expenditures
to superior finance authorities. Provincial People’s Committees shall
submit periodic reports on collection of state budget revenues within their
provinces and on collection of local government budget revenues and payment of
local government expenditures to the Ministry of Finance.
7. The
Ministry of Finance shall submit periodic reports to the Government and related
agencies on collection of state budget revenues and payment of state budget
expenditures in accordance with law.
8. The
Government shall submit reports on the issues mentioned in clause 2 Article 54
and clause 2 Article 61 of this Law to the Standing Committee of the National
Assembly; the Government shall submit to the National Assembly reports on
collection of state budget revenues and payment of state budget expenditures at
its year-end meeting and additional assessment reports on collection of budget
revenues and payment of budget expenditures at its nearest regular meeting in
the following year.
Article 63. Budget management and use by budget-using
units
1. Heads
of budget-using units shall take responsibilities for management and use of
their budgets, assessment of the performance of the tasks according to the
assigned estimates, and assurance of efficiency, frugality and adherence to
budget expenditure policies, regimes, standards and norms.
2.
Persons in charge of finance and accounting of budget-using units have the
responsibilities to adhere to regimes for finance - budget management, laws on
accounting and regulations on internal inspection, and to prevent, discover
violations against regulations on finance - budget management within their
units, and request heads of units to take actions against violations, if
necessary, request superior management units or finance authorities at the same
level to take actions as per law.
Article 64. Management of the State Treasury fund
1. The
State Treasury fund refers to all amounts in Vietnamese Dong and foreign
currencies of the State on the accounts of the State Treasury opened at the
State Bank of Vietnam and commercial banks, and cash in State Treasury units.
State funds are derived from budget funds of various levels and deposits of
financial reserve funds, state off-budget financial funds and
economic units and organizations at the State Treasury.
2. The
State Treasury performs the centralized and uniform management of the State
Treasury fund to adequately and promptly meet the payment needs of the state
budget and units making transactions at the State Treasury; and ensure safety
and efficiency of state funds. The State Treasury shall open payment accounts
at the State Bank and commercial banks to manage and use State Treasury fund.
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Chapter VI
ACCOUNTING, AUDIT AND FINALIZATION OF
STATE BUDGET
Article 65. Accounting and finalization of state budget
1.
Agencies, organizations and units related to state budget revenues and
expenditures shall account, report, and finalize the state budget in accordance
with the law on accounting and this Law.
2.
Finance authorities are entitled to suspend budget expenditures of budget
estimate agencies, organizations and units at the same level that fail to
observe the reporting regimes for accounting, finalization and other financial
statements, and shall take responsibilities for their decisions.
3. State
Treasuries shall account the state budget; aggregate state budget revenues and
expenditures; submit reports to finance authorities at the same level and
relevant agencies according to regulations.
Article 66. Year-end settlement of state budget revenues
and expenditures
1. At the
end of a budget year, agencies, organizations and units related to state budget
revenues and expenditures shall close accounting books and make statements of
state budget final accounts.
2. The
deadline for adjusting state budget final accounts is January 31 of the next
year.
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a)
Estimates added by the Prime Minister, People's Committees at all levels after
September 30 of the year of estimate implementation, except for cases where
spending duties are completely performed;
b)
Expenditures on development investment carried over to the next year’s budget
with regard to public investment capital plans with extended implementation and
disbursement periods in accordance with the Law on Public Investment;
c)
National target programs that are being implemented according to the National
Assembly's resolution until the end of December 31 of the following year;
d)
Expenditures on procurement of goods, use of services, repair, renovation,
improvement, expansion, and new construction of work items of projects that
have been invested in, commissioned or assigned with adequate documentation,
for which contracts have been concluded or bidding has been completed in
accordance with regulations of the law on bidding by December 31 of the year of
budget estimate implementation;
dd)
Sources for implementation of policies on salary, allowances, subsidies and
other salary-based amounts; sources for implementation of social security
policies;
e)
Revenues of which public service providers and state agencies are given
autonomy;
g)
Expenditures on science, technology, innovation and digital transformation;
h)
National reserve expenditures;
i)
Expenditures on provision of aid for foreign Governments to which budget
estimates have been allocated by competent authorities;
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l)
Funding to be refunded to higher level budgets as concluded or recommended by
audit or inspection authorities.
4. The
increase in revenue compared to budget estimate and remaining expenditure
estimate of the budget shall be used in accordance with regulations in clause 2
Article 61 of this Law, such amounts may be carried over to next year's budget
if permitted by a competent authority.
5. The
Government elaborates this Article.
Article 67. Requirements for finalization of state budget
1.
Data on state budget final accounts must be accurate, truthful, and
adequate.
2. Final
accounts of state budget revenues are the revenues which have been actually
paid and accounted for as state budget revenues as per regulations. Revenues of
the previous years’ budgets which are paid to the next year’s budget shall be
accounted for as revenues of the current year’s budget. Final accounts of state
budget expenditures are the expenditures which have been actually paid and
accounted for as state budget expenditures as per regulations.
3.
Figures in final accounts of budgets of budget-using units and project owners
and of lower level budgets shall be compared and confirmed by State Treasuries
where transactions are made.
4.
Contents of statements of state budget final accounts must be conformable with
those of the assigned state budget estimates and state budget entries.
Expenditures from grant aid shall be finalized according to actual disbursement
5.
In the statements of final accounts of commune-level budgets, budget
expenditures must not be higher than budget revenues.
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7.
Statements of final accounts of state off-budget financial funds shall be
enclosed with explanations and assessments of results and efficiency of task
performance of these funds.
8.
Unlawfully collected state budget revenues shall be refunded to the payers;
pending state budget revenues shall be fully and promptly collected; state
budget-derived payments unlawfully made shall be recovered in a full and
prompt manner; amounts payable to higher level budgets shall be promptly paid;
Article 68. Making of state budget final accounts by
budget-using units and project owners
1. Each
unit assigned the budget estimate specified in clause 1 Article 51 of this Law
shall make final accounts of its state budget revenues and expenditures and
send them to the immediate superior budget estimate agency or the
estimate-assigning unit. If the budget-using unit is currently the level-I
budget estimate unit, final accounts of its state budget revenues and
expenditures shall be made and submitted to the finance authority of the same
level.
2. The
project owner of a development investment program or project or a national
target program or project of national importance shall:
a)
At the end of the budget year, make a statement of final accounts of all
used capital sources and state budget capital and report on the use of capital
and the value of volume of completed works which have been paid in the year,
and send them to the agency paying development investment capital, the superior
agency of the project owner, and the finance authority at the same level;
b) When
the development investment program or project or national target program or
project of national importance is completed, make statements of final accounts
of all capital sources and state budget capital together with explanatory
reports on the use of the capital, and send them to the agency paying
development investment capital and the agency competent to approve finalization
statements of development investment works and the program or project as per
regulations;
c) For a
national target program or project of national importance whose investment
guidelines are decided by the National Assembly, in addition to the regulations
prescribed in points a and b of this clause, make a finalization statement and
submit it to the Government for consideration and submission to the National
Assembly.
Article 69. Approval of state budget final accounts
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2. Final
accounts shall be approved as follows:
a) Each
revenue and expenditure arising in a unit shall be examined in order to meet conditions
for collection of state budget revenues and payment of state budget
expenditures specified in Article 12 of this Law and accounted for in
accordance with the law on accounting, the state budget revenue entries and on
schedule;
b)
Figures in statements of final accounts must match figures in accounting books
and figures verified by the State Treasury.
3. When
approving final accounts, the approving agency is entitled to:
a)
Request the State Audit Office of Vietnam or hire an independent audit organization
in accordance with the audit law to audit statements of final accounts of
large-scale target projects and programs to have more bases for the approval;
b)
Request the unit to provide explanations or information and data necessary for
the approval;
c)
Request the unit to immediately pay amounts payable to the state budget
according to regulations and remove payments which have been made against
regulations or the approved estimates; take punitive actions or request a
competent authority to take punitive actions against the violations committed
by the head of the unit making payments against regulations, causing loss to
the state budget;
d)
Correct errors or request the inferior unit to re-make the statement of final
accounts where necessary.
4. The
head of a unit approving final accounts shall assume responsibility for results
of final account approval and incur penalties as prescribed by law in case
he/she has detected violations but failed to impose penalties therefor.
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6. The
Government elaborates this Article.
Article 70. Consolidation of state budget final accounts
1.
Agencies consolidating final accounts:
a)
Superior budget estimate units shall consolidate statements of state
budget final accounts that have been approved in accordance with regulations in
clause 2 Article 69 of this Law under their management and submit them to their
immediate superior budget estimate units; level-I budget estimate units shall
submit statements of state budget final accounts to finance authorities of the
same level;
b)
Finance authorities at all levels shall inspect final accounts of level-I
budget estimate units of the same level in terms of the adequacy and
consistency between the figures in the final accounts and confirmation by the
State Treasury; consolidate annual final accounts of level-I budget estimate
units funded by the budgets of their respective levels and annual final accounts
of lower level budgets.
2. During
consolidation of state budget final accounts, if any error is detected, finance
authorities shall request level-I budget estimate units of the same level;
the Ministry of Finance shall request provincial-level People's Committees to
recommend provincial-level People's Councils to adjust local government budget
final accounts; provincial finance authorities shall request commune-level
People's Committees to recommend provincial-level People's Councils to adjust
commune-level budget final accounts.
In case
of detection of any violation, superior budget estimate units or finance
authorities shall deal with such violation within their jurisdiction or request
a competent authority to do so.
Article 71. Time limits and procedures for making final
accounts of local government budgets
1. On the
basis of results of approval and consolidation of budget final accounts of
level-I budget estimate units of its level and statements of final accounts of
lower level budgets approved by the People’s Council, the local finance
authority shall consolidate and make final accounts of the local government
budget and submit them to the People’s Committee at the same level.
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3. The
commune-level People’s Council shall consider and approve the statement of
final accounts of the budget of its level by March 31 of the next year and
submit it to the provincial-level People’s Committee within 05 working days
from the date on which such statement is approved. The provincial-level
People’s Committee shall consolidate and make a statement of final accounts of
the local government budget and submit it to the Ministry of Finance, the State
Audit Office before May 01 of the next year, and to the provincial-level
People’s Council for approval before July 01 of the next year.
4. In
case final accounts of local government budgets of all levels are yet to be
approved by the People’s Council, the People’s Committee at the same level
shall keep clarifying the contents requested by the People’s Council and submit
them again at the time decided by the People’s Council, which, however, must be
within 10 working days.
Article 72. Time limits and procedures for making state
budget final accounts
1.
Level-I budget estimate units of the central government budget shall make
statements of final accounts of budget revenues and expenditures under their
management and submit them to the Ministry of Finance and the State Audit
Office of Vietnam before July 05 of the next year.
2.
Provincial-level People’s Committees shall submit statements of final accounts
of the local government budgets approved by provincial-level People’s Councils
to the Ministry of Finance and the State Audit Office of Vietnam before July 05
of the next year.
3. The
Ministry of Finance shall consolidate and make statements of state budget final
accounts and submit them to the Government and the State Audit Office of
Vietnam before August 15 of the next year.
4. The
Government shall report to the Standing Committee of the National Assembly on state
budget final accounts by September 20 of the next year for its opinions and
then receive such opinions and complete such state budget final accounts before
they are submitted to the National Assembly.
5. The
National Assembly shall consider and approve state budget final accounts within
12 months after the end of the budget year.
6.
Procedures for verification of state budget final accounts by the National
Assembly’s agencies for approval shall be provided for by the Standing
Committee of the National Assembly.
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Article 73. Auditing statements of final accounts of the
state budget and local government budgets
1. The
State Audit Office of Vietnam shall audit statements of state budget final
accounts before submitting it to the National Assembly for consideration and
approval.
2. The
State Audit Office of Vietnam shall audit statements of final accounts of local
government budgets before sending them to provincial-level People’s Councils
for consideration and approval.
Article 74. Handling of state budget remainders
1.
Central and provincial budget remainders shall be used to pay principals and
interests of loans of the state budget. If the remainder still remains, 50% of it
shall be transferred to the financial reserve fund at the same level and the
other 50% shall be carried forward to the next fiscal year for budget revenues
of the subsequent year; if the financial reserve fund has reached 25% of the
annual budget expenditure estimate, the rest of the remainder shall be included
in next year’s budget revenue. Commune-level budget remainders shall be
included in next year’s budget revenue.
2. The
Government elaborates this Article.
Article 75. Handling of unlawful state budget revenues and
expenditures after state budget final accounts are approved
In case
any unlawful budget revenues or expenditures are found or inspections or audits
are proposed after final accounts of the state budget have been approved by the
National Assembly and final accounts of provincial and commune-level budgets
have been approved by People’s Councils, clause 8 Article 67 of this Law shall
apply and such revenues or expenditures shall be finalized in the budget of the
year in which they are dealt with.
Chapter VII
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Article 76. Guidelines for implementation of some special
regulations
1.
Pursuant to regulations of this Law, the Government shall provide regulations
on management and use of budget for some activities of the Communist Party of
Vietnam, some activities in the fields of national defense, security and
external affairs, and some specific finance - budget mechanisms and policies
applicable to Ho Chi Minh City, some provinces and central cities, and special
economic - administrative divisions, report them to the Standing Committee of
National Assembly for its opinions before implementation, and to the National
Assembly at its nearest meeting.
2.
Post-tax profit that remains after contribution to funds and distributed profit
in proportion to state capital in state-owned enterprises shall be transferred
to state budget according to regulations of the law on management and use of
state capital in enterprises
3. Some
regulations of the Law on Fees and Charges No. 97/2015/QH13 amended by the Law
No. 09/2017/QH14, the Law No. 23/2018/QH14, the Law No. 72/2020/QH14, the Law
No. 16/2023/QH15, the Law No. 20/2023/QH15, the Law No. 24/2023/QH15, the Law
No. 33/2024/QH15, the Law No. 35/2024/QH15, the Law No. 47/2024/QH15, the Law
No. 60/2024/QH15 and the Law on Employment shall be amended as follows: At
clause 1 Article 12, the phrase “trường hợp cơ quan nhà nước được khoán chi phí
hoạt động từ nguồn thu phí thì được khấu trừ, phần còn lại nộp ngân sách nhà nước”
(in case a state agency is permitted to use the collected fees to cover its
operating expenses, they may be excluded from the amount transferred to state
budget) shall be annulled.
Article 77. Implementation clauses
1. This
Law comes into force from the budget year 2026, except for the case specified
in clause 3 of this Article.
2. The
Law on State Budget No. 83/2015/QH13 amended by the Law No. 59/2020/QH14 and
the Law No. 56/2024/QH15 will cease to be effective from the effective date of
this Law.
3. Some
regulations in this Law will prevail from July 01, 2025:
a)
Decentralization of powers over spending duties among provincial budgets and
commune-level budgets in the fields of science, technology, innovation and
digital transformation;
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c)
Temporary allocation of state budget-derived funding specified in Article 53 of
this Law.
4.
Regulations on distribution of revenues from levies on land, land rents
specified in this Law shall prevail from the state budget estimate of 2026
5. Hanoi
City shall implement specific finance - budget mechanisms and policies in
accordance with the Law on the Capital. Local governments that are applying
specific finance - budget mechanisms and policies are entitled to continue to
apply such mechanisms and policies in accordance with resolutions of the
National Assembly and the Government’s regulations.
Article 78. Transitional clauses
The Law
on State Budget No. 83/2015/QH13 amended by the Law No. 59/2020/QH14 and the
Law No. 56/2024/QH15 still applies to state budget final accounts of 2024 and
procedures and requirements for making of budget estimates of 2026.
Article 79. Elaborating regulations
The
Government shall elaborate on some articles and clauses of this Law as
assigned.
This
Law was passed by the 15th National Assembly of the Socialist
Republic of Vietnam, 9th session, on June 25, 2025.
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CHAIRMAN OF THE NATIONAL ASSEMBLY
Tran Thanh Man