Decree No. 107/2011/ND-CP detailing point c, Clause 2, Article 15 of the Law on Vietnam's Representative Offices Abroad

DECREE

Detailed regulations on point c, Clause 2, Article 15 of the Law on Vietnam's Representative Offices Abroad

the Socialist Republic of Vietnam abroad

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the State Budget Law on December 26, 2002;

Pursuant to the provisions at point c, Clause 2, Article 15 of the Law on Vietnam's Representative Offices Abroad number 33/2009/QH12 adopted by the National Assembly of the Socialist Republic of Vietnam at its twelfth session, fifth meeting on June 18, 2009;

Considering the proposal of the Minister of Finance,

DECREE:

Article 1. Scope and Objects Regulated

1. This Decree stipulates the preparation of budgets, allocation, management, utilization, and settlement of accounts for funds at Vietnam's representative offices abroad when implementing specialized activities assigned by relevant authorities according to the provisions at point c, Clause 2, Article 15 of the Law on Vietnam's Representative Offices Abroad.

2. The funds for implementing specialized activities specified in Article 2 of this Decree shall be allocated from the state budget for relevant agencies responsible for such activities to carry out outside the territory of Vietnam based on specific tasks, or programs, projects approved by competent authorities.

3. This Decree does not apply to state budget funds allocated to the Ministry of Defense, the Ministry of Public Security, the Central Party Office, and the funds for implementing programs, projects of relevant agencies regulated separately by the Prime Minister.The Prime Minister shall prescribe according to a special mechanism.

Article 2. Contents of Specialized Activities

The contents of specialized activities carried out by Vietnam's representative offices abroad include:

1. Organizing trade fairs, exhibitions, business exchanges, promoting Vietnamese goods, services, and labor, investment opportunities in Vietnam.

2. Collecting and purchasing valuable economic information; verifying economic partners; activities to promote business partners, customers, investors, multinational corporations, large companies in local areas to promote trade, investment, tourism, science and technology, and expand the export labor market.

3. Organizing non-recurring events abroad.

4. Other specialized activities in each field of work of the relevant agency, which are approved by the competent authority for their content and implementation budget.

Article 3. Preparation of Budgets, Allocation, Management, Utilization, and Settlement of Accounts for Funds

The preparation of budgets, allocation, and settlement of accounts for specialized activities shall be carried out in accordance with the State Budget Law, guiding documents of the State Budget Law, and the following provisions:

1. Annually, at the time of preparing the state budget, based on the development goals and strategic orientation of the industry and the guidance on planning and preparing the budget issued by the Ministry of Finance, relevant agencies shall prepare detailed plans for implementing specialized activities (including specific tasks or projects) to submit to competent authorities for approval, serving as the basis for compiling comprehensive budget estimates into the annual budget of the relevant agency, to be submitted to the Ministry of Finance for consolidation and submission to competent authorities for approval and allocation of the budget for the relevant agency to implement. The budget for implementing specialized activities shall be included and noted separately in the annual consolidated budget of the relevant agency.

2. Relevant agencies, based on the allocated budget and the specialized activities to be implemented in each area, shall issue written notifications requesting Vietnam's representative offices abroad to coordinate in assigning staff to carry out specialized tasks. Based on the nature of the work and current expenditure standards, relevant agencies shall submit detailed budget estimates for implementing specialized activities to competent authorities for approval, serving as the basis for transferring funds into the account of Vietnam's representative offices abroad.

3. Vietnam's representative offices abroad shall be responsible for assigning suitable staff to ensure effective implementation of the work; organizing separate accounting and tracking of the funds transferred by relevant agencies for specialized activities (not combined with the office's operational funds), while managing and using the funds for specialized activities in accordance with the assigned tasks. After completing the work, Vietnam's representative offices abroad shall collect all expense vouchers and send them back to the relevant agencies for settlement with the state budget in accordance with the law. Vietnam's representative offices abroad shall be responsible for the legality of the settlement vouchers.

4. Unspent funds for specialized activities transferred to the account of Vietnam's representative offices abroad at the end of the year may be carried over to the next year to continue implementing the approved specialized activities. Unspent budget balances for specialized activities at the State Treasury at the end of the year will be canceled according to regulations; if necessary, the balance may be carried over to the next year for specific tasks approved by the competent authority, decided by the Minister of Finance. Procedures for carrying over the balance to the next year shall be carried out in accordance with current regulations.

Article 4. Effective date

This Decree takes effect from January 10, 2012.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, and Heads of agencies under the Government are responsible for implementing this Decree./.