Directive No. 04/2004/CT-BBCVT on the implementation of Resolution No. 01/2004/NQ-CP of the Government on certain measures to be focused on directing and managing the implementation of the state budget for the year 2004.

DIRECTIVE OF THE MINISTER OF POSTS AND TELECOMMUNICATIONS

On the Implementation of Resolution No. 01/2004/NQ-CP of the Government

on Certain Measures to Focus on Directing and Managing the Implementation of the Plan

and State Budget for 2004.

On January 12, 2004, the Government issued Resolution No. 01/2004/NQ-CP on certain measures to focus on directing and managing the implementation of the plan and state budget for 2004. The Resolution contains many important contents related to planning, finance, investment activities; the Minister of Posts and Telecommunications requests the heads of units to strictly grasp and implement as follows:concerning the classification and determination of state management authority in the field of crop production1 - Continue to focus on improving the business environment, creating additional advantages for enterprises participating in postal, telecommunication, and information technology businesses; pay attention to the construction, completion, and issuance of Decrees on administrative penalties for postal services, telecommunications, radio frequency; Decree on management of provision and use of electronic certification services; Decree on Telecommunications; Decree on Postal Services; Project on the Fund for Public Telecommunication Services; Scheme for Economic Integration with International Markets; Focus on building the strategy for information technology development until 2010 and the planning for the development of Telecommunications-Internet in Vietnam until 2010 to be submitted for issuance in 2004, and commence drafting the Law on Information Technology.

2 - Implement the 2004 plan for restructuring state-owned enterprises that have been approved by the Prime Minister. The Vietnam Post and Telecommunications Corporation accelerates the construction of privatization plans for enterprises to report to the Ministry of Posts and Telecommunications to proceed with conversion to joint-stock companies according to the Government's directives.

3 - Closely coordinate with relevant agencies to attract foreign direct investment; summarize the implementation of Resolution No. 09/2001/NQ-CP of the Government dated August 28, 2001 on strengthening attraction and enhancing the effectiveness of foreign direct investment during the period 2001-2005 

and develop a strategy for attracting foreign direct investment for the period 2006-2010. Identify a list of foreign direct investment projects suitable for international economic integration requirements. Promptly implement Decree No. 27/2003/NĐ-CP amending and supplementing some articles of Decree No. 24/2000/NĐ-CP detailing the implementation of the Law on Foreign Investment in Vietnam and Decree No. 38/2003/NĐ-CP on converting enterprises with foreign investment capital to operate under the form of joint-stock companies.  4 - Promptly draft and submit to the leadership of the Ministry for continued issuance of guiding documents to implement Decision No. 217/2003/QĐ-TTg of the Prime Minister on the management of service rates for postal and telecommunication services; including guidance on constructing cost-based pricing schemes for postal and telecommunication services. Effectively participate in the inter-ministerial inspection of service costs in the first quarter of 2004 and implement reductions in certain types of telecommunication service rates according to the 2004 plan.

5 - Strictly implement the Resolution of the National Assembly and the Government's directives on managing and allocating investment capital to ensure that from 2004, scattered and unregulated investments will cease, and investments will align with planning. Strengthen management measures regarding investment and construction to ensure the most effective use of state budget funds. Seriously implement Directive No. 29/2003/CT-TTg dated December 23, 2003 of the Prime Minister and other documents of the Ministry of Finance on rectifying investment and construction management using state funds.

Investment projects allocated capital in the plan must comply with the Investment Management Regulations issued pursuant to Decrees No. 52/1999/NĐ-CP; No. 12/2000/NĐ-CP; No. 07/2003/NĐ-CP of the Government and the Tendering Regulations issued together with Decrees No. 88/1999/NĐ-CP; No. 14/2000/NĐ-CP; No. 66/2003/NĐ-CP of the Government when preparing for investment, implementing investment, and putting projects into operation.

Strengthen measures to prevent loss, waste, and negative practices in investment and construction, especially in planning, construction supervision, ensuring compliance with procedures, and improving the quality of construction projects.

Seriously implement monitoring and evaluation of investment within the scope or field managed by the Ministry.

Seriously implement the requirement of transparency and openness in the management and use of investment capital. Investors must publicly disclose the content of investment decisions and investment programs at localities where the investment is carried out as prescribed.

It is necessary to promptly establish and issue regulations on planning and implementing investment projects in postal, telecommunication, and information technology sectors, no later than the third quarter of 2004, so that units can uniformly implement in accordance with regulations and effectively.

Units with investment projects must pay more attention to legal regulations on investment and construction. A unit leader must directly oversee, and there should be specialized staff to implement, with particular attention to thoroughly reviewing project files, procedures, and hiring high-quality consultants before submitting plans and projects for approval. The Ministry will not accept project files that do not comply with regulations and will not include projects whose effectiveness and necessity are unclear in the plan.

The Planning and Finance Department is responsible for monitoring and guiding investors to strictly comply with the above regulations.

6 - Regarding finance and state budget:

Units using the state budget in 2004 must manage the budget from the beginning of the year in accordance with the provisions of the State Budget Law (amended) and guiding documents of the Law, ensuring increased efficiency, thrift, striving to complete and exceed the state budget revenue obligations; implement the allocation and public disclosure of state budget revenue and expenditure budgets as prescribed; manage and use state budget funds and income from unit operations retained in accordance with regulations and effectively.

For administrative and service units: closely coordinate with the Organization and Cadre Affairs Department, the Planning and Finance Department, and relevant agencies to develop plans and timelines for completing the transfer of financial autonomy to units:

For administrative and service units: closely coordinate with the Department of Organization and Cadres, the Department of Planning and Finance, and relevant agencies to develop plans and timelines for completing the transfer of financial autonomy to these units:

Continue to study the plan for implementing autonomy in organization, staffing, personnel, salary, and finance and assets for units under the Ministry according to Decree No. 10/2002/NĐ-CP dated January 16, 2002 of the Government and guidance from relevant ministries and sectors for revenue-generating and non-revenue-generating units.

For administrative management units under the Ministry in 2004, develop pilot plans for allocating staffing and administrative expenses according to Decision No. 192/2001/QĐ-TTg dated December 17, 2001 of the Prime Minister.

The Planning-Finance Department is responsible for monitoring, guiding, and urging units to implement financial and state budget contents mentioned above.

7 - The Legal Affairs Department shall coordinate with the Ministry's Office and related units to review and eliminate inappropriate administrative procedures, effectively implement the one-stop service regime at administrative units under the Ministry when handling cases and matters to ensure that organizations and individuals within the assigned field, particularly in planning allocation, project evaluation, licensing, postal, telecommunications, information technology fees and charges, are properly addressed.

The Ministry's Office shall take the lead in coordinating with the Legal Affairs Department and the Organization-Human Resources Department to continue reviewing, researching, drafting, and perfecting the Ministry's Work Regulations based on clearly defining responsibilities according to the principle of having someone in charge who fulfills their functions and duties correctly and uses their authority appropriately; enhancing leadership, supervision, and inspection of implementation.

8 -  Regarding inspection and supervision work:

The Ministry's Inspectorate shall organize and implement the 2004 Inspection and Supervision Program of the Ministry already issued, focusing on implementing the conclusions of the Politburo on investment construction and land management and use according to Plan No. 05-KH/TW dated September 10, 2003 of the Politburo and the Prime Minister's directives on strengthening inspection, supervision, and oversight of compliance with state regulations in basic construction investment activities. Propose timely measures to address violations in basic construction investment and state budget usage as stipulated by law, while reporting and proposing specific implementation measures to the Minister.  Timely propose measures to address violations in basic construction investment and state budget usage as stipulated by law, and report and propose specific implementation measures to the Minister.

Functional units and heads of subordinate units shall have plans to inspect and supervise compliance with laws within their areas of management, considering this a regular task of higher-level administrative agencies towards lower-level ones. Effectively implement grassroots democracy regulations, transparency, and create conditions for building supervisory mechanisms for staff activities, combating bureaucratic negative behaviors, and wasteful practices.

9 - Implementation organization:

Units throughout the sector shall organize the study and implementation of the contents of Resolution No. 01/2004/NQ-CP dated January 12, 2004 of the Government; Directive No. 29/2003/CT-TTg dated December 23, 2003 of the Prime Minister, and this Directive within their units; focus on directing and managing to effectively implement the 2004 budget and specific work programs consistent with their functions and tasks in the fields of postal services, telecommunications, and information technology to ensure unit operations comply with current policies and regulations.  Ensure unit operations comply with current policies and regulations.

The Head of the Ministry's Office, Department Heads, Heads of affiliated agencies, and leaders of postal, telecommunications, Internet, electronics, and information technology enterprises are responsible for strictly implementing this Directive and regularly reporting to the Ministry on the situation and results of implementing related contents concerning unit activities.

The Ministry's Office shall monitor the implementation of this Directive throughout the sector, compile and report to the Minister quarterly.