Resolution No. 111/2024/QH15 on certain mechanisms and special policies to implement national target programs

RESOLUTION

On certain special mechanisms and policies to implement national target programs

OF THE NATIONAL ASSEMBLY

Pursuant toThe Constitution of the Socialist Republic of Vietnam;

Pursuant toLaw on Organization of the National Assembly No. 57/2014/QH13 which have been amended and supplemented some provisions pursuant toLaw No. 65/2020/QH14;

Pursuant toLaw on Issuance of Normative Legal Documents No. 80/2015/QH13 which have been amended and supplemented some provisions pursuant toLaw No. 63/2020/QH14;

RESOLUTION:

Article 1. Scope of Regulation

This Resolution stipulates certain special mechanisms and policies to implement the National Target Program on New Rural Development for the period 2021-2025, the National Target Program on Sustainable Poverty Reduction for the period 2021-2025, and the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030 (hereinafter referred to collectively as the National Target Programs).

Article 2. Applicability

This Resolution applies to agencies, organizations, and individuals participating or related to the management and implementation of the National Target Programs.

Article 3. Explanation of Terms

In this Resolution, the following terms shall be understood as follows:

1. Component project includes: projects, sub-projects under the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the period 2021-2030, the National Target Program on Sustainable Poverty Reduction for the period 2021-2025; contents of components and contents under the National Target Program on New Rural Development for the period 2021-2025.

2. Production development support project includes: value chain-linked production development support project and community-based production development support project.

3. Value chain-linked production development support project includes: production development plans initiated by enterprises, cooperatives, cooperative unions (hereinafter collectively referred to as the leading entity in linkage) cooperating with individuals, households belonging to the target groups of the National Target Programs, community groups, and production cooperatives, proposed and approved by competent authorities to form value chains to carry out production, consumption, and service activities.

4. Community-based production development support project includes: production development plans initiated by communities (villages, hamlets, and equivalent units; community groups, or households) proposed and approved by competent authorities.

5. Project proponent for production development (hereinafter referred to as the project proponent) is the leading entity in linkage or the community of people identified in the decision approving the production development support project.

6. Agency managing production development support project (hereinafter referred to as the project management agency) is the state agency assigned the budget to implement production development support activities and specifically identified in the decision approving the production development support project.

7. Small-scale construction investment project with simple technology is a project that meets all the following criteria: falls within the investment content of the National Target Programs; implemented within the administrative unit of a commune managed by the People's Committee of the commune; total investment cost does not exceed VND 5 billion; has simple technology with existing designs applied at the district level where the project is implemented or standard designs.

Article 4. Special Mechanisms and Policies in Implementing the National Target Programs

1. Regarding the allocation and assignment of annual regular budget expenditure:

a) The National Assembly decides to allocate the annual regular central government budget expenditure for each locality according to the total budget of each National Target Program;

b) The Prime Minister assigns the annual regular central government budget expenditure for each locality according to the total regular expenditure of each National Target Program;

c) The Provincial People's Council decides to allocate or delegate the District People's Council to decide on the detailed allocation of the annual regular central government budget expenditure for each National Target Program to component projects.

2. Regarding adjustments to the state budget estimate and annual state budget investment plan:

a) The Provincial People's Council decides to adjust the state budget estimate for 2024 (regular expenditure) and unspent state budget estimates from 2023 (including both investment and regular expenditure) of the National Target Programs transferred to 2024 in accordance with Resolution No. 104/2023/QH15 dated November 10, 2023, and Resolution No. 108/2023/QH15 dated November 29, 2023 of the National Assembly;

b) According to the delegated authority, the Provincial People's Committee and the District People's Committee decide on the adjustment of the annual state budget investment plan for the National Target Programs' unspent funds from 2023 transferred to 2024 in accordance with Resolution No. 104/2023/QH15 dated November 10, 2023, and Resolution No. 108/2023/QH15 dated November 29, 2023 of the National Assembly;

c) Principles of adjustment:

c1. Adjustments of the state budget estimate from component projects that no longer have eligible beneficiaries or do not meet the conditions for disbursement or have low disbursement rates to supplement the budget for other component projects within the same National Target Program must ensure that it does not exceed the total state budget estimate and does not change the structure of investment and regular expenditure of each National Target Program assigned by the competent authority; 

c2. Adjustments between investment projects in the medium-term public investment program for the period 2021-2025 within the same National Target Program must ensure that they do not exceed the total investment amount assigned by the competent authority in the medium-term public investment plan for each project and the total investment amount for each National Target Program in the year.

3. Regarding the issuance of regulations on procedures, criteria, and sample application forms for selecting production development projects:

a) The Provincial People's Committee may decide on the procedures, criteria, and sample application forms for selecting projects in production development support activities under the National Target Programs when the Provincial People's Council has not issued regulations on these matters.

b) In cases where it is necessary to amend or supplement the procedures, criteria, and sample project selection files under national target programs that have been promulgated by the Provincial People's Council, the Provincial People's Committee shall decide on such amendments or supplements after obtaining the consent of the Standing Committee of the Provincial People's Council and report to the same-level People's Council at the nearest session.

4. Regarding the use of state budget funds in cases where the project proponent directly implements procurement of goods and services for production development projects:

a) The project proponent decides on the procurement of goods and services within the scope of the production development support project approved by the competent authority.

b) Based on the decision approving the production development support project, the project management agency shall pay the support funds from the state budget to the project proponent for the procurement of goods and services as follows:

b1. In cases where the project proponent directly produces and supplies goods and services within their business sector, the project management agency shall directly pay the production and supply costs to the project proponent according to the support standards prescribed by the Provincial People's Council. If there is no provision by the Provincial People's Council regarding the support standards, the project management agency shall pay according to the price of the goods and services approved in the project approval decision of the competent authority; the competent authority approving the project shall determine the price of the goods and services based on the prices of similar goods and services traded in the project implementation area proposed by the finance department under the same-level People's Committee; if there are no similar goods and services traded in the project implementation area, the finance department under the same-level People's Committee shall refer to the selling prices of similar goods and services in the province to propose; for projects approved by the Chairman of the Commune People's Committee, the finance department under the District People's Committee shall propose.

b2. In cases where goods and services produced and supplied directly by local residents are used, the project management agency shall directly pay the production and supply costs to the project proponent according to the prices of goods and services traded in the commune, confirmed by the Commune People's Committee. If there are no similar goods and services traded in the project implementation area, the project management agency shall refer to the selling prices of similar goods and services in the province to decide on the payment of support to the project proponent.

b3. In cases where the project proponent enters into a procurement contract for goods and services with a supplier who is not a participant in the production development project, the project management agency shall pay the supplier according to the sales contract confirmed by all three parties, including the project proponent, the service and goods provider, and the project management agency. The project proponent is responsible for providing complete proof of procurement activities, including sales invoices and other supporting documents (if any), to the project management agency no later than 15 days from the date of receiving goods and services from the supplier.

5. On the management and use of assets formed in production development support projects:

a) Assets formed from production development support projects shall not be subject to the provisions of laws on the management and use of public assets in the following cases: a1. Assets valued below VND 500 million supported entirely or partially with state budget capital; a2. Assets supported for communities of people participating in the project; a3. Assets valued at VND 500 million or more supported with state budget capital not exceeding 20% of the asset value.

b) The project management agency shall be responsible for monitoring and supervising the management and use of assets during the implementation of the project.

6. On entrusting local government budget capital through the Social Policy Bank system:

a) Based on the local budget balance capacity, the Provincial People's Council and the District People's Council may decide on the allocation of local government budget capital, including public investment capital, other development investment capital, regular operating expenses, to be entrusted to the Social Policy Bank at the local level to support the implementation of certain activities of national target programs: production development, business operations, job creation, livelihood stabilization, housing improvement support; development of products under the One Commune One Product Program; maintenance and development of traditional craft villages; rural tourism development.

b) The beneficiaries of preferential loan support include enterprises, cooperatives, cooperative unions located in ethnic minority and mountainous areas, rural areas, poor districts; individuals from ethnic minorities, poor households, near-poor households, newly escaped poor households, households with average living standards, workers in areas covered by national target programs.

c) The preparation, approval, and assignment of medium-term public investment plans and annual capital investment plans for entrusting to the Social Policy Bank at the local level do not require the establishment of a list of programs, projects as stipulated in the Public Investment Law.

d) The Provincial People's Committee shall prescribe conditions, contents, and preferential lending rates to implement each credit support policy for preferential loans as provided for in points a and b of this clause.

7. On the pilot decentralization mechanism for districts in managing and implementing national target programs during the 2024-2025 period:

a) The Provincial People's Council may decide to select no more than two districts to pilot the decentralization mechanism. The Provincial People's Committee shall decide on specific targets, tasks, and requirements for each national target program assigned to the selected pilot district.

b) The People's Council at the district level shall decide on adjusting the plan for allocating state budget capital for public investment and regular expenses among national target programs within the medium-term public investment plan, annual public investment capital plan, and annual state budget estimate that have been assigned by the competent authority; the structure of state budget capital between investment expenditure and regular expenditure of component projects no longer eligible for support to concentrate capital for implementing other component projects under national target programs during the period from 2021 to 2025;

c) The settlement of the annual state budget of the district under the pilot mechanism shall be carried out according to the medium-term public investment plan, annual public investment capital plan, and annual state budget estimate that have been adjusted by the District People's Council in accordance with point b of this clause;

8. Regarding the allocation of the medium-term public investment plan and annual public investment capital for small-scale construction investment projects with non-complex technology:

a) Based on the list of proposed projects reported to the People's Council at the district level, the People's Committee at the same level shall allocate the medium-term public investment plan to implement small-scale construction investment projects with non-complex technology according to the total actual capital of these projects; it is not mandatory to allocate the list of projects in the medium-term public investment plan;

b) The allocation and assignment of the annual public investment capital plan to implement small-scale construction investment projects with non-complex technology in detail for each project shall be carried out according to the cumulative total state budget support capital up to the time of capital allocation but shall not exceed the total amount of capital for these projects in the medium-term public investment plan;

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Government shall be responsible for organizing the implementation of this Resolution; summarizing and evaluating the implementation of this Resolution and reporting to the National Assembly at its first session in 2026 or at the same time proposing investment policies related to these national target programs during the period from 2026 to 2030;

2. The People's Councils and People's Committees at the provincial level shall be responsible for organizing the implementation of the tasks assigned in this Resolution;

3. The National Assembly, the Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, the Delegations of the National Assembly of provinces and centrally governed cities, and National Assembly deputies shall supervise the implementation of this Resolution;

Article 6. Implementation Provisions

1. This Resolution shall take effect from the date it is adopted by the National Assembly until the National Assembly promulgates a different provision;

2. The mechanisms and policies stipulated in Clause 2, Article 4 of this Resolution shall not apply to the management and utilization of foreign capital mobilized to implement national target programs;

3. In cases where localities have already implemented adjustments to the 2023 state budget estimate, the 2023 public investment capital plan (including the un-disbursed state budget estimate and public investment capital plans from 2021 and 2022 transferred to 2023 in accordance with regulations) before the effective date of this Resolution, in accordance with the adjustment principles specified in point c of Clause 2, Article 4 of this Resolution, they shall be applied in accordance with the provisions of this Resolution;

This Resolution was adopted by the Fifth Extraordinary Session of the National Assembly of the Socialist Republic of Vietnam, the Fifteenth Term, on January 18, 2024.