Joint Circular No. 02/2012/TTLT/BVHTTDL-BTC guiding the management and use of state budget funds for creative activities of literary and artistic works and projects at the central level and local literature and art associations from 2011 to 2015.

JOINT CIRCULAR

Guidelines for managing and using funds supported from the state budget for creative activities of literary and artistic works,

literary and artistic works at the central level and local Literature and Art Associations during the period of 2011-2015

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003, promulgated by the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing Decision No. 369/QD-TTg dated March 14, 2011 of the Prime Minister approving the Project to continue supporting creative activities of literary and artistic works, literary and artistic works, and press at the central level and local Literature and Art Associations; supporting high-quality press works at the local level during the period of 2011-2015 (hereinafter referred to as Decision No. 369/QD-TTg);

The Ministry of Culture, Sports and Tourism and the Ministry of Finance jointly issue guidelines on managing and using funds supported from the state budget for creative activities of literary and artistic works at the central level and local Literature and Art Associations during the period of 2011-2015 as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidelines for managing and using funds to support creative activities of literary and artistic works at the central level and localities during the period of 2011-2015 in accordance with the contents approved by the Prime Minister in Decision No. 369/QD-TTg in the fields of literature, fine arts, music, theater, cinema, architecture, photography, dance, folk art, ethnic minority art reflecting:

1. History, periods of anti-war resistance to save the country, national cultural traditions.

2. The renewal process of building and defending the country, positive factors, outstanding individuals in society, of the era.

3. Youth, children, ethnic minorities, rural areas (especially new rural development topics).

4. The cause of economic, cultural, and social development in the new period nationwide or in each locality.

5. Counteracting peaceful evolution by hostile forces against the construction and defense of the homeland.

Article 2. Applicability

1. Central Literature and Art Associations (including: National Union of Vietnam Writers' Associations, Vietnam Writers' Association, Vietnam Fine Arts Association, Vietnam Theater Artists' Association, Vietnam Musicians' Association, Vietnam Photographers' Association, Vietnam Film Association, Vietnam Architects' Association, Vietnam Dance Artists' Association, Vietnam Folk Art Association, Vietnam Ethnic Minority Literature and Art Association) and local Literature and Art Associations.

2. Authors, groups of authors who are members of central and local Literature and Art Associations participating in creative activities of literary and artistic works (referred to as creative literary and artistic activities) in accordance with topics approved by the Prime Minister in Decision No. 369/QD-TTg to fulfill the country's and local political tasks.

3. Authors, groups of authors who have made contributions to literature and art, have substantial life experiences, are currently focusing on creating literary and artistic works, or authors, groups of authors with the potential to create literary and artistic works approved by the Council for Supporting Creative Literary and Artistic Works (referred to as the Council for Supporting) of the Literature and Art Association.

4. Authors, groups of authors whose literary and artistic works have high quality but have not yet been invested in and are approved by the Council for Supporting of the Association, in accordance with topics approved by the Prime Minister in Decision No. 369/QD-TTg.

Chapter II

SPECIFIC PROVISIONS

Article 3. Activities supported and financial regimes for such activities

1. Creative activities of literary and artistic works (literary and artistic works are understood as: creative works, research, collection, theoretical criticism, promotion of literature and art).

a) Expenses for organizing seminars, conferences to enhance political and professional skills, training to nurture literary and artistic talents; expenses for organizing creative camps, immersion in reality aimed at creating literary and artistic works or exchanges, roundtable discussions, information reception, enhancing professional skills: The content and level of expenditure shall be applied according to the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance on travel expenses and expenses for organizing conferences for state agencies and public service units (the level of support for participants does not differentiate between those receiving salaries from the budget and those not), and are specifically defined in the "Regulation on Expenditure Support for Creating Literary and Artistic Works during the 2011-2015 Period" of various levels of Associations (hereinafter referred to as the "Expenditure Support Regulation").

Those who receive salaries from the state budget and have been supported from the project funds approved under Decision No. 369/QĐ-TTg shall not be reimbursed for travel expenses from the regular operating budget of their working agencies or units.

b) Expenses for organizing scientific seminars on creating literary and artistic works: The content and level of expenditure shall be applied according to the provisions of Joint Circular No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007 of the Ministry of Finance and the Ministry of Science and Technology guiding the standards for building and allocating budgets for scientific and technological projects using state funds, and are specifically defined in the "Expenditure Support Regulation" of various levels of Associations.

c) Expenses for purchasing materials, documents to update new information serving creative literary and artistic activities, purchasing supplies, renting machinery and equipment directly serving training sessions, seminars, conferences: According to actual contracts and current regulations.

d) Support for authors and author groups implementing creative activities of literary and artistic works; support for authors and author groups publishing literary and artistic works. The level of support is stipulated in the "Expenditure Support Regulation" of various levels of Associations.

đ) Expenses for supporting the organization of review frameworks, evaluation, acceptance of literary and artistic works: Direct expenses for members of the Review Committee for reviewing frameworks, evaluating, accepting literary and artistic works shall be decided upon by the Review Committee based on the state budget allocation plan and are specified in the "Expenditure Support Regulation" of various levels of Associations.

e) Expenses for supporting central and local Literature and Art Associations to promote literary and artistic works: According to actual contracts and current regulations.

g) Expenses for organizing, guiding, evaluating, inspecting, interim reviews, final summaries of policies supporting creative activities of literary and artistic works by the National Council of Vietnam Literature and Art Associations.

h) Expenses related directly to supporting creative literary and artistic activities: wages, printing of documents, photocopying, office supplies, telephone, postal items, and other activities based on annual circumstances and current state regulations.

2. High-quality creative activities of literature and art:

Supporting individuals specified in Clauses 2, 3, and 4 of Article 2 of this Circular to implement high-quality creative activities of literature and art according to criteria defining high-quality works in the fields of activity of Literature and Art Associations. The contents of support are stipulated in Points d, đ, e, h of Clause 1, Article 3 of this Circular.

Article 4. Sources of financial support

1. Central budget support sources according to Decision 369/QĐ-TTg;

2. Other lawful support sources from agencies, organizations, and individuals both within and outside the country.

Article 5. Methods of support for authors and groups of authors

1. Direct support for authors and groups of authors as stipulated in Clause 2 and 3, Article 2 of this Circular to implement the creation of literary and artistic works and projects as specified in Article 1 of this Circular according to the registered creative outline approved by the Support Review Board of the Associations. The level of support shall be determined by the Support Review Board of the Associations based on the "Regulation on Expenditure Support" of the Associations and implemented through contracts.

2. Direct support for authors and groups of authors as stipulated in Clause 4, Article 2 of this Circular. The level of support shall be determined by the Support Review Board of the Associations based on the quality of literary and artistic works and projects; according to the "Regulation on Expenditure Support" of the Associations and implemented through contracts.

3. For authors and groups of authors who are not yet members of Literary and Artistic Associations, to be eligible for support from the Support Review Board, they must submit their application to join the Associations along with their registration.

Article 6. Management and utilization of support funds

1. Central and local Literary and Artistic Associations shall prepare plans for the use of support funds, submit them to the competent authority for approval in accordance with the State Budget Law and current regulations.

2. Central and local Literary and Artistic Associations shall establish and promulgate the "Regulation on Expenditure Support" after discussion, public disclosure, and consensus within the Executive Committee and Secretariat of the Association. The "Regulation on Expenditure Support" shall be publicly disseminated to all members and submitted to the financial authority at the same level for monitoring and supervision; sent to the State Treasury where the unit has opened a transaction account for the basis of expenditure control.

3. Central and local Literary and Artistic Associations shall establish a Support Review Board to review, select outlines, drafts, evaluate, accept, and appraise works and projects and use funds in accordance with the "Regulation on Expenditure Support" already issued, ensuring support for the correct subjects, for the right purposes, and effectively.

4. Financial transparency shall be implemented in accordance with Circular No. 21/2005/TT-BTC dated March 22, 2005, of the Ministry of Finance guiding the implementation of financial transparency regulations for state budget units and organizations supported by the state budget.

5. Internal financial and accounting inspection at the unit shall be carried out in accordance with the Accounting Law, Decision No. 67/2004/QĐ-BTC dated August 13, 2004, of the Minister of Finance on issuing the regulation on internal financial and accounting inspection at agencies and units using state budget funds and current legal provisions.

6. Units must ensure that there are legitimate and valid vouchers and invoices in accordance with the "Regulation on Expenditure Support". Among these, the final settlement vouchers for direct support funds for authors and groups of authors include: meeting minutes of the Board, decision on funding support, funding support contract, acceptance certificate of products, and other related vouchers.

7. The preparation, execution, and settlement of support funds for creative activities of literary and artistic works and projects shall be carried out in accordance with the State Budget Law, circulars guiding the implementation of the State Budget Law, and the provisions of this Circular.

8. At the end of the year, unused support funds shall be handled in accordance with the guidelines for implementing the State Budget Law and current regulations.

Article 7. Content for establishing the "Regulation on Expenditure for Support"

1. Provisions regarding the organization of seminars, training sessions, creative camps, and field research:

a) Organizing seminars and conferences shall not exceed three days.

b) Organizing training sessions shall not exceed seven days.

c) Organizing creative camps shall not exceed fifteen days.

d) Conducting field research shall not exceed twenty days.

2. Based on assigned tasks; state expenditure standards and regulations already issued; provisions stipulated in this Circular; actual conditions in implementing specialized tasks of Central and Local Literature and Art Associations; within the scope of support funding for creative literary and artistic works, Central and Local Literature and Art Associations shall establish specific expenditure levels for each task according to the guidance on supporting expenditures from the State budget under Articles 3 and 5 of this Circular, linked to the effectiveness and quality of work, ensuring thrift and preventing waste.

3. The use of support funds shall follow the principle of concentration, shall not provide average or formal support; depending on actual conditions, based on the nature of the work, the situation in the previous year, Central and Local Literature and Art Associations shall specify in the Regulation on Expenditure for Support the allocation of support funding for the year with the following contents:

a) Direct support for authors, groups of authors;

b) Expenditure for organizing seminars and conferences to enhance political and professional competence, training and nurturing literary and artistic talent;

c) Organizing creative camps, field research, acceptance, evaluation, and publication of works;

d) Expenditure for purchasing materials, information updates serving literary and artistic creation, purchasing supplies, renting machinery and equipment directly serving training sessions, seminars, and conferences;

e) Allocating a budget to support high-quality literary and artistic work creation activities.

4. Establish criteria for determining high-quality works and projects.

5. Specify the content and procedures for implementing support:

a) Selecting outlines, manuscripts, reviewing, evaluating, assessing, accepting, and publishing works, deadlines for completing works or manuscript drafts;

b) Criteria for supporting authors, groups of authors whose literary and artistic works are evaluated as high quality (including those at Local Literature and Art Associations if applicable) to encourage passionate artists to engage in new and challenging topics;

c) Number of members of the Review Board for Support of the Association, selection criteria for members, principles of operation of the Review Board, legal nature in decisions on funding support made by the Board for individual or group authors receiving support;

d) Selection criteria for authors, groups of authors with substantial life experience; authors, groups of authors capable of creating literary and artistic works suitable for topics specified in Decision No. 369/QĐ-TTg;

6. Specify the content of contracts signed with authors, groups of authors receiving support funding.

7. Do not use state budget support funds for the creation of literary and artistic works and projects for purposes contrary to the provisions of Decision No. 369/QĐ-TTg; do not support literary and artistic works and projects that have already received state budget support or funding.

8. Implement transparency to ensure openness and democracy among users of support funding, promote and encourage creativity, and honor high-quality works.

Article 8. Inspection and Supervision

Supervision, inspection, and auditing shall be carried out in accordance with current laws. The National Committee of the Vietnam Federation of Literature and Art Associations shall take the lead in organizing inter-ministerial inspection teams to conduct regular annual and ad hoc inspections to improve the effectiveness of support policies for the creation of literary and artistic works and projects.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of agencies and units

1. Central and local Literature and Art Associations:

a) Annually conduct summaries, evaluations, and report on the situation and results of supporting creative activities for literary and artistic works to the National Committee of the Vietnam Federation of Literature and Art Associations and simultaneously send to the People's Committees of provinces and centrally governed cities (for local Literature and Art Associations) for monitoring and guidance.

b) Based on research topics approved by the Prime Minister in Decision No. 369/QĐ-TTg, Literature and Art Associations shall establish criteria to determine high-quality literary and artistic works within their fields of activity, consistent with the characteristics of the Associations and each locality, as stipulated in the "Regulations on Expenditure Support" of central and local Literature and Art Associations; allocate part of the budget to support the creation of high-quality literary and artistic works according to Decision No. 369/QĐ-TTg.

c) Local Literature and Art Associations are responsible for coordinating with specialized state management agencies at the local level to organize creative activities for literary and artistic works.

2. National Committee of the Vietnam Federation of Literature and Art Associations:

a) Serve as the focal point for compiling reports on the implementation of annual plans at both the central and local levels; serve as the focal point for coordinating with state management agencies in organizing the implementation of regulations on support at both the central and local levels according to current regulations.

b) Organize seminars, conferences, training sessions to enhance professional skills in various specialties, creative camps, and practical experiences for members of local Literature and Art Associations.

c) Annually summarize, evaluate, and promptly identify difficulties and obstacles, reporting them to the Prime Minister and relevant Ministries and sectors.

3. Ministry of Culture, Sports and Tourism:

a) Coordinate with the National Committee of the Vietnam Federation of Literature and Art Associations, relevant Ministries, Sectors, and People's Committees of provinces and centrally governed cities to guide the organization and implementation process and timely provide opinions to adjust contents that do not align with the Party and State's goals and orientations.

b) Compile reports on the situation and results of using support funds at both the central and local levels; recommend appropriate forms of recognition for outstanding literary and artistic works to the Prime Minister.

4. The Ministry of Finance shall coordinate with the Ministry of Culture, Sports and Tourism to inspect the use of funds supporting the creation of literary and artistic works.

5. People's Committees of provinces and centrally governed cities shall direct the implementation of support plans for creative activities for literary and artistic works in accordance with current regulations; create conditions for local Literature and Art Associations to fulfill assigned tasks. Financial support from the central budget for local Literature and Art Associations under Decision No. 369/QĐ-TTg aims to improve the quality of local literary and artistic creative activities; this support should not reduce the regular annual financial support provided to local Literature and Art Associations.

Article 10. Effective Date

This Circular takes effect from May 1, 2012.

During implementation, if there are difficulties or obstacles, they are requested to be reported to the relevant ministries for study and amendment to ensure appropriateness./.