Circular No. 03/2005/TT-BTC guiding the implementation of the financial transparency regulations for state budgets at all levels and the reporting system on the implementation of financial transparency

CIRCULAR

Guidelines for implementing the financial transparency regulations for state budgets at various levels and reporting systems

state and regime  reporting on the implementation of financial transparency

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

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 192/2004/QĐ-TTg dated November 16, 2004 of the Prime Minister promulgating the financial transparency regulations for state budgets at various levels, budgetary units, organizations supported by the state budget, construction investment projects using state budget funds, state-owned enterprises, funds from the state budget, and funds from contributions of the people;

Pursuant to Decision No. 237/2003/QĐ-TTg dated November 13, 2003 of the Prime Minister stipulating the list of state secrets classified as Top Secret and Confidential in the Finance sector;

The Ministry of Finance hereby guides the implementation of financial transparency for state budgets at various levels and the reporting system on the implementation of financial transparency as follows:

1. Transparency of budget estimates and final accounts of the state budget and central government budget:

1.1. Content of transparency:

1.1.1. Budget balance and final account of the state budget decided and approved by the National Assembly.

(See Model No. 01/CKTC-NSNN attached).

1.1.2. Budget balance and final account of the central government budget and local government budget decided and approved by the National Assembly.

(See Model No. 02/CKTC-NSNN attached).

1.1.3. Budget estimate and final account of revenue balancing the state budget by sector decided and approved by the National Assembly.

(See Model No. 03/CKTC-NSNN attached)

1.1.4. Budget estimate and final account of expenditure of the state budget, central government budget, and local government budget by expenditure structure decided and approved by the National Assembly.

(See Model No. 04/CKTC-NSNN attached)

1.1.5. Budget estimate and final account of revenue managed through the state budget decided and approved by the National Assembly.

(See Model No. 05/CKTC-NSNN attached)

1.1.6. Budget estimate and final account of expenditure of the central government budget by sector decided and approved by the National Assembly.

(See Model No. 06/CKTC-NSNN attached)

1.1.7. Total and detailed figures by sector of the budget estimate of expenditure of the central government budget allocated to each ministry, agency equivalent to a ministry, government agency, and other agencies at the central level decided by the National Assembly and assigned by the Prime Minister; total and detailed figures by sector of the final account of expenditure of the central government budget allocated to each ministry, agency equivalent to a ministry, government agency, and other agencies at the central level approved by the National Assembly.

(See Model No. 07/CKTC-NSNN attached)

1.1.8. Budget estimate and final account of expenditure of the central government budget for national programs and target programs decided by the National Assembly and assigned by the Prime Minister (for budget estimates) and approved by the National Assembly (for final accounts).

(See Model No. 08/CKTC-NSNN attached)

1.1.9. Budget estimate and final account of revenue of the state budget on the territory, expenditure balancing the local government budget, supplementary balancing, and supplementary with specific purposes from the central government budget to the budget of each province and centrally-administered city decided by the National Assembly and assigned by the Prime Minister (for budget estimates), approved by the National Assembly, and reviewed by the Ministry of Finance (for final accounts); percentage (%) of division of shared revenue between the central government budget and the budget of each province and centrally-administered city decided by the Standing Committee of the National Assembly and assigned by the Prime Minister.

(See Model No. 09/CKTC-NSNN attached)

1.2. The Minister of Finance shall annually implement the transparency of the contents prescribed in Point 1.1 of Section 1 of this Circular.

(See Model No. 01/QĐ-CKNS attached)

1.3. Forms of transparency: The transparency of the contents prescribed in Point 1.1 of Section 1 of this Circular shall be implemented in the following forms: notification in writing to ministries, agencies equivalent to a ministry, government agencies, and other agencies at the central level, People's Councils, and People's Committees of provinces and centrally-administered cities; publication in printed materials; announcement on the Ministry of Finance’s website (address: www.mof.gov.vn)

1.4. Time of transparency: not later than 60 days from the date the National Assembly issues the Resolution on deciding the state budget estimates, allocating the central government budget, and approving the final accounts of the state budget.

2. Transparency of provincial budget and provincial-level budget:

2.1. Content of transparency:

2.1.1. Budget balance and final account of the provincial budget decided and approved by the Provincial People's Council.

(See Model No. 10/CKTC-NSĐP attached)

2.1.2. Budget estimate and final account of revenue and expenditure of the provincial-level budget, district-level budget, urban district-level budget, and city-level budget within the province decided and approved by the Provincial People's Council.

(See Model No. 11/CKTC-NSĐP attached)

2.1.3. Budget estimate and final account of revenue of the state budget on the territory and provincial revenue decided and approved by the Provincial People's Council.

(See Model No. 12/CKTC-NSĐP attached)

2.1.4. Budget estimate and final account of expenditure of the provincial budget decided and approved by the Provincial People's Council.

(See Model No. 13/CKTC-NSĐP attached)

2.1.5. Budget estimate and final account of expenditure of the provincial-level budget by sector decided and approved by the Provincial People's Council.

(See Model No. 14/CKTC-NSĐP attached)

2.1.6. Total and detailed figures by sector of the budget estimate of expenditure of the provincial-level budget allocated to each agency and unit under the provincial level decided by the Provincial People's Council and assigned by the Provincial People's Committee; total and detailed figures by sector of the final account of expenditure of the provincial-level budget allocated to each agency and unit under the provincial level approved by the Provincial People's Council.

(See Model No. 15/CKTC-NSĐP attached)

2.1.7. Budget estimate and final account of expenditure for construction projects from the provincial-level budget for each project and facility decided by the Provincial People's Council and assigned by the Provincial People's Committee (for budget estimates), and approved by the Provincial People's Council (for final accounts).

(See Model No. 16/CKTC-NSĐP attached)

2.1.8. Budget estimate and final account of expenditure for national programs and target programs and some other objectives decided and approved by the Provincial People's Council.

(See Model No. 17/CKTC-NSĐP attached)

2.1.9. Budget estimates and final accounts for state budget revenues on the local territory, county-level budget expenditures for balancing, city-level budget expenditures for balancing, and supplementary allocations with specific purposes from the provincial budget to each county, city, district, and provincial city's budget as decided by the Provincial People's Council and assigned by the Provincial People's Committee (for estimates), approved by the Provincial People's Council and reviewed by the Department of Finance (for final accounts).

(According to Model No. 18/CKTC-NSĐP attached)

2.1.10. The percentage rate (%) for dividing revenue shares between budgets at various levels of local government authority for each county, district, city, and provincial city as decided by the Provincial People's Council and assigned by the Provincial People's Committee during the period of stable budget.

(According to Model No. 19/CKTC-NSĐP attached)

2.1.11. The percentage rate (%) for allocating revenues to each commune, ward, town's budget as decided by the Provincial People's Council and assigned by the Provincial People's Committee for each year during the period of stable budget.

(According to Model No. 20/CKTC-NSĐP attached)

2.2. Chairman of the People's Committee of the province, centrally governed city shall publicly disclose the annual budget according to the contents stipulated in point 2.1, section 2 of this Circular.

(According to Model No. 02/QĐ-CKNS attached)

2.3. Forms of public disclosure: Public disclosure of the contents stipulated in point 2.1, section 2 of this Circular shall be carried out through the following forms: notification in writing to units under the provincial level, People's Councils, People's Committees of counties, districts, cities, and provincial cities; publication in printed materials; announcement on the electronic information website (for centrally governed provinces and cities that have an electronic information website).

2.4. Time of public disclosure: Not later than 60 days from the date the Provincial People's Council issues a resolution on approving the budget estimate and finalizing the budget.

3. Public disclosure of data on county-level budgets (referred to as county budgets) and district-level budgets:

3.1. Contents of public disclosure:

3.1.1. Budget balance estimates and final accounts of the county budget as decided and approved by the County People's Council.

(According to Model No. 21/CKTC-NSH attached)

3.1.2. Budget estimates and final accounts of the district-level budget, commune-level budget, and town-level budget as decided and approved by the County People's Council.

(According to Model No. 22/CKTC-NSH attached)

3.1.3. Budget estimates and final accounts of state budget revenues on the county territory and county budget revenues as decided and approved by the County People's Council.

(According to Model No. 23/CKTC-NSH attached)

3.1.4. Budget estimates and final accounts of county budget expenditures as decided and approved by the County People's Council.

(According to Model No. 24/CKTC-NSH attached)

3.1.5. Budget estimates and final accounts of district-level budget expenditures by sector as decided and approved by the County People's Council.

(According to Model No. 25/CKTC-NSĐP attached)

3.1.6. Total and detailed figures by sector of district-level budget expenditures allocated to units under the district level as decided by the County People's Council and assigned by the County People's Committee; total and detailed figures by sector of district-level budget expenditures finalized for each unit under the district level as approved by the County People's Council.

(According to Model No. 26/CKTC-NSH attached)

3.1.7. Budget estimates and final accounts of construction investment expenditures from the district-level budget for each project and facility as decided by the County People's Council and assigned by the County People's Committee (for estimates), approved by the County People's Council (for final accounts).

(According to Model No. 27/CKTC-NSH attached)

3.1.8. Budget estimates and final accounts of expenditures for national target programs and projects and other objectives and tasks implemented by the district as decided and approved by the County People's Council.

(According to Model No. 28/CKTC-NSH attached)

3.1.9. Percentage rate (%) for dividing revenue shares between the provincial budget, district-level budget, and commune budget as decided by the Provincial People's Council and assigned by the Provincial People's Committee.

(According to Model No. 29/CKTC-NSĐP attached)

3.1.10. Percentage rate (%) for allocating revenues to each commune, ward, and town's budget as decided by the Provincial People's Council and assigned by the Provincial People's Committee.

(According to Model No. 30/CKTC-NSĐP attached)

3.1.11. Budget estimates and final accounts of state budget revenues on the commune territory, commune budget expenditures; supplementary balancing allocations and supplementary allocations with specific purposes from the district-level budget to communes, wards, and towns as decided by the County People's Council and assigned by the County People's Committee (for estimates), approved by the County People's Council, and reviewed by the Finance Office (for final accounts).

(According to Model No. 31/CKTC-NSH attached)

3.2. Chairman of the People's Committee of the county shall publicly disclose the annual budget according to the contents stipulated in point 3.1, section 3 of this Circular.

(According to Model No. 03/QĐ-CKNS attached)

3.3. Forms of public disclosure: Public disclosure of the contents stipulated in point 3.1, section 3 of this Circular shall be carried out through the following forms: notification in writing to units under the county level, People's Councils, People's Committees of communes, wards, and towns under the county; publication in printed materials.

3.4. Time of public disclosure: Not later than 60 days from the date the County People's Council issues a resolution on approving the budget estimate and finalizing the budget.

4. Public disclosure of data on commune-level budgets (referred to as commune budgets) and other financial activities at the commune level:

4.1. Contents of public disclosure:

4.1.1. Budget balance estimates and final accounts of the commune budget as decided and approved by the Commune People's Council.

(According to Model No. 32/CKTC-NSX attached)

4.1.2. Budget estimates and final accounts of commune budget revenues as decided and approved by the Commune People's Council.

(According to Model No. 33/CKTC-NSX attached)

4.1.3. Budget estimates and final accounts of commune budget expenditures as decided and approved by the Commune People's Council.

(According to Model No. 34/CKTC-NSX attached)

4.1.4. Budget estimates and final accounts of construction investment expenditures as decided and approved by the Commune People's Council.

(According to Model No. 35/CKTC-NSX attached)

4.1.4. The budget estimate and final account for expenditures on national target programs and projects and other objectives and tasks implemented by the commune have been decided and approved by the Commune People's Council.

(See Model No. 36/CKTC-NSX attached)

4.1.5. The percentage rate (%) for dividing revenue between the provincial budget, district budget, and commune budget has been decided by the Provincial People's Council and assigned by the Provincial People's Committee.

(See Model No. 37/CKTC-NSX attached)

4.1.6. Detailed plan and results of other financial activities at the commune level.

(See Model No. 38/CKTC-NSX attached)

4.2. Chairman of the Commune People's Committee shall publicly disclose the annual budget according to the contents prescribed in Point 4.1 of this Circular.

(See Model No. 04/QĐ-CKNS attached)

4.3. Forms of public disclosure: Public disclosure of the contents prescribed in Point 4.1 of this Circular shall be carried out through the following forms: posting publicly at the office of the Commune People's Committee for at least 90 days from the date of posting; notifying in writing to the Party Committee, political and social organizations at the commune level, and heads of villages, hamlets, wards, and townships within the commune; broadcasting on the commune's radio system.

4.4. Time of public disclosure: Not later than 60 days from the date when the Commune People's Council issues the Resolution on approving the budget estimate and finalizing the budget and other financial activities.

5. Reporting on the implementation of financial public disclosure for state budgets at various levels, budgetary units, organizations supported by the state budget, investment construction projects using state budget funds, state-owned enterprises, funds sourced from the state budget, and funds from people's contributions.

5.1. The Commune People's Committee is responsible for submitting financial public disclosure materials and data immediately upon public disclosure according to this Circular to the District People's Committee and the District Finance Office.

5.2. The District Finance Office annually is responsible for:

- Assisting the District People's Committee in compiling the situation of financial public disclosure of communes and units under the district to report to the Department of Finance before March 31 each year (for budget estimates) and before August 31 each year (for final accounts).

(See Model No. 39/CKNS-BC attached)

- Compiling and publishing financial public disclosure data of communes and units under the district before May 31 each year (for budget estimates) and before September 30 each year (for final accounts) according to the public disclosure forms for commune budgets and budgetary units.

- Compiling data on public disclosure of budget estimates and final accounts of state budget revenues in the district, county, city, and provincial town (See Model No. 23/CKTC-NSH); data on budget estimates and final accounts of district budget expenditures by sector (See Model No. 40/CKNS-BC attached) to be submitted to the higher-level finance authority.

5.3. The Provincial Department of Finance is responsible for:

- Assisting the Provincial People's Committee in compiling the situation of financial public disclosure of districts and units under the province to report to the Ministry of Finance before May 31 each year (for budget estimates) and before February 31 of the following year (for final accounts).

(See Model No. 41/CKNS-BC attached)

- Compiling and publishing financial public disclosure data of districts and units under the province before July 31 each year (for budget estimates) and before May 31 of the following year (for final accounts) according to the public disclosure forms for district budgets and budgetary units.

- Compiling data on public disclosure of budget estimates and final accounts of state budget revenues in the province ((See Model No. 12/CKTC-NSĐP) and data on budget estimates and final accounts of local government budget expenditures by sector sent to the Ministry of Finance (See Model No. 42/CKNS-BC attached)

- Reports sent to the Ministry of Finance as prescribed in this circular must be sent with one copy accompanied by electronic data files or transmitted via email to: [email protected]

5.4. The Minister of Finance is responsible for: Compiling the situation of financial public disclosure nationwide to report to the Prime Minister; compiling and publishing financial public disclosure data of ministries, ministerial-level agencies, government agencies, central-level agencies, and localities according to the public disclosure forms for local government budgets and budgetary units; compiling and publishing data on public disclosure of budget estimates and final accounts of state budget revenues; data on budget estimates and final accounts of state budget expenditures by sector.

6. Inspection and supervision of implementation:

6.1. Ministries, ministerial-level agencies, government agencies, central-level agencies, People's Committees at all levels, and higher-level budgetary units are responsible for inspecting the implementation of financial public disclosure by units under their management. During the inspection and supervision process, if violations are discovered, they must be handled promptly or reported to the competent authority for prompt handling in accordance with the provisions of the law.

6.2. The finance agency takes the lead in coordinating with relevant state management agencies to inspect the implementation of the Financial Disclosure Regulation.

6.3. The Vietnam Fatherland Front, political and social organizations, mass organizations within units, and the people supervise the implementation of financial public disclosure according to the provisions of the Financial Disclosure Regulation issued together with Decision No. 192/2004/QĐ-TTg dated November 16, 2004, of the Government.

7. Interrogation and response to interrogation

7.1. Organizations, units, and individuals who are recipients of state budget information disclosed according to the Financial Disclosure Regulation have the right to interrogate agencies, organizations, and units about the disclosed contents.

Interrogation can be conducted in the following forms:

- In writing.

- Direct interrogation during meetings.

7.2. Those responsible for public disclosure must respond to interrogations regarding the disclosed contents. Responses to interrogations must be made either directly or in writing to the person interrogating, depending on the form and content of the interrogation.

7.3. In case of responding to questioning through written documents, the person being questioned must respond to the questioner no later than ten days from the date of receiving the questioning content. If the questioning content is complex and requires more time to prepare the response, they must provide a document specifying the exact date for the response to the questioner, but not exceeding forty-five days from the date of receiving the questioning content.

8. Handling violations:

8.1. Violations of the laws on financial transparency include the following acts:

- Failing to disclose fully the content, form, and time as prescribed;

- Publicizing false data.

- Disclosing information that falls under state secrets as defined by law;

- Failing to report or reporting late or inaccurately about the implementation of financial transparency as stipulated in Point 5 of this Circular.

8.2. Organizations, individuals, and units violating the laws on financial transparency shall be subject to disciplinary action according to the laws on disciplinary measures and material responsibility of civil servants; administrative penalties for violations related to reporting and financial transparency according to Decree No. 185/2004/NĐ-CP dated November 4, 2004 of the Government on administrative penalties in the field of accounting, Circular No. 120/2004/TT-BTC dated December 15, 2004 of the Ministry of Finance guiding the implementation of certain provisions of Decree No. 185/2004/NĐ-CP dated November 4, 2004 of the Government on administrative penalties in the field of accounting, and other relevant regulatory legal documents; or criminal liability may be pursued according to the law.

Implementation Organization:

9.1. The budget for implementing financial transparency by agencies and units responsible for implementing transparency as prescribed in this Circular shall be allocated within the regular budget of the units and organizations approved by the competent authority.

9.2. This Circular takes effect fifteen days after its publication in the Official Gazette.

Repeal Circular No. 01/2002/TT-BTC dated January 8, 2002 of the Ministry of Finance guiding the regulations on financial transparency concerning state budgets at all levels.

9.3. Ministries, ministerial-level agencies, government agencies, central-level agencies, People's Committees at all levels are responsible for organizing and guiding the implementation; financial agencies at all levels are responsible for assisting the same-level People's Committee in fully implementing the regulations on state budget transparency according to Decision No. 192/2004/QĐ-TTg dated November 16, 2004 of the Prime Minister and other implementing guidelines.