Decree No. 117/2013/ND-CP Amending and Supplementing Certain Provisions of Decree No. 130/2005/ND-CP dated October 17, 2005 of the Government on the self-management and self-responsibility regime for the use of staff quotas and administrative management expenses for state agencies.

DECREE

Amending and supplementing certain articles of Decree No. 130/2005/NĐ-CP

dated October 17, 2005 of the Government on the self-management system and responsibility for the use of staffing levels and administrative management expenses for state agencies

On the basis of the State Budget Law 2002;

At the proposal of the Minister of Finance and the Minister of Home Affairs;

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

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 130/2005/NĐ-CP dated October 17, 2005 of the Government on the self-management system and responsibility for the use of staffing levels and administrative management expenses for state agencies,

Article 1. Amending and supplementing certain articles of Decree No. 130/2005/NĐ-CP dated October 17, 2005 of the Government on the self-management system and responsibility for the use of staffing levels and administrative management expenses for state agencies as follows:

1. Supplement Point e to Clause 1, Article 1 as follows:

“e) People's Committee at commune, ward, town level.”

“2. Not to increase the staffing levels and administrative management expenses allocated, except in cases provided for in Clause 1 and Clause 2, Article 9 amended and supplemented according to this Decree.”

3. Amending and supplementing Clause 1, Article 4 as follows:

c) Absorbing and retaining carbon dioxide from forests, reducing greenhouse gas emissions through measures to prevent forest degradation, reduce forest area, and promote sustainable forest development;

“1. To decide on the arrangement and assignment of cadres and civil servants based on job positions to ensure the effective performance of tasks of the agency.”

4. Amending and supplementing Clause 1, Article 6 as follows:

“1. To determine the funds allocated to implement the self-management and self-responsibility system:

a) Administrative management expenses allocated to agencies implementing the self-management and self-responsibility system shall be determined and allocated annually based on:

- Wage fund allocation based on the number of staff positions approved by the competent authority based on job positions and the structure of civil servant grades; in cases where the agency has not been approved for job positions and the structure of civil servant grades, wage fund allocation shall be based on the number of staff positions allocated in 2013;

- Regular activity expense allocation based on the number of staff positions approved by the competent authority based on job positions and the structure of civil servant grades and current state budget allocation standards; in cases where the agency has not been approved for job positions and the structure of civil servant grades, regular activity expense allocation shall be based on the number of staff positions allocated in 2013;

- Expenses for regular procurement and maintenance (excluding procurement and maintenance under projects);

- Regular special business activity expenses that have been quantified and are in accordance with the standards and regulations set by the competent authority.

b) For communes, wards, towns: The provincial People's Committee or the municipal People's Committee directly under the Central Government shall base on the method of determining the funds allocated to implement the self-management system as stipulated in Point a, Clause 4, Article 1 of this Decree and the Decree No. 29/2013/NĐ-CP dated April 8, 2013 of the Government amending and supplementing certain articles of Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on the titles, number, some systems, policies for cadres and civil servants at commune, ward, town levels and those working non-professionally at commune level, submit to the People's Council at the same level to specify the method of determining the funds allocated to implement the self-management system, the total amount of allowances allocated for those working non-professionally at commune level and the amount of funds allocated for the activities of political and social organizations at commune, village, neighborhood levels ensuring suitability with the actual situation of the locality.”

“3. Using the allocated funds:

a) The allocated funds shall be allocated to the group of expenditures implementing the self-management and self-responsibility system. Based on the implementation of assigned tasks, the head of the agency implementing the self-management system shall independently decide on allocating the allocated funds to various expenditure items appropriately; has the right to adjust between expenditure items if deemed necessary;

5. Amend and supplement Clause 3 of Article 6 as follows:

b) Agencies implementing the self-management system may apply existing financial expenditure regulations to implement them, but must not exceed the maximum expenditure limit prescribed by the competent state authority;

c) Within the scope of the allocated self-management funds, the self-management agency decides to allocate all or part of the regular activity funds and regular special business activity funds to each department to proactively perform tasks. Management and use of allocated funds must comply with the expenditure control procedures and invoices as prescribed by law, except for certain expenditures that do not require invoices according to the Ministry of Finance’s regulations.”

6. Amending and supplementing Point a, Clause 1, Article 7 as follows:

“a) Procurement and repair of fixed assets not regularly carried out according to plans approved by the competent authority.”

"1. At the end of the fiscal year, after completing assigned tasks, agencies implementing the self-management system with actual expenditures lower than the budgeted expenditures for the self-management system will have the difference recognized as savings; special business activities that have been allocated funds for the self-management system but have not completed assigned tasks or have not fully performed the workload will not be recognized as savings and must return the unspent funds to the state budget; if special tasks are allowed by the competent authority to be transferred to the next year for implementation (including ongoing special activities), the remaining funds can be transferred to the next year to continue implementing the special task and counted towards the allocated self-management funds of the following year; for special tasks that have been partially implemented, the expended funds can be settled according to regulations.

2. Scope of use of savings:

“a) Establishing and developing effectively concentrated raw material zones according to the orientations set forth in Decree No. 98/2018/NĐ-CP dated July 5, 2018 of the Government on policies encouraging the development of cooperation and linkage in agricultural production and consumption; Decision No. 100/QĐ-TTg dated January 19, 2019 of the Prime Minister approving the project to implement, apply, and manage traceability systems; Decision No. 1804/QĐ-TTg dated November 13, 2020 of the Prime Minister approving the Program to support the development of collective economic organizations and cooperatives from 2021 to 2025; Decision No. 255/QĐ-TTg dated February 25, 2021 of the Prime Minister approving the Plan to restructure the agricultural sector from 2021 to 2025; Decision No. 885/QĐ-TTg dated June 23, 2020 of the Prime Minister approving the Project to develop organic agriculture from 2020 to 2030, and according to the planning of concentrated raw material zones of localities.”

a) Supplement income for cadres and civil servants: agencies implementing the self-management system may apply an additional wage fund coefficient not exceeding 1.0 times the salary grade, rank, position stipulated by the state to pay additional income to cadres and civil servants.

Based on the total permissible expenditure above, the agency implementing the self-management system decides on the payment plan for additional income for each cadre and civil servant (or each subordinate unit) according to the principle of linking with the effectiveness and results of work of each individual (or each subordinate unit).

a) Supplementing income for civil servants: the agency implementing the autonomy regime may apply an additional factor not exceeding 1.0 times the state-prescribed salary grade, rank, and position level to pay increased income to civil servants.

Based on the total permissible funding mentioned above, the agency implementing the autonomy regime decides the plan for paying increased income to each civil servant (or each subordinate unit) according to the principle that it must be linked to the effectiveness and results of each individual's work (or each subordinate unit).

b) Expenditure for rewards: Regular or extraordinary expenditure for rewarding groups and individuals based on work results and contributions beyond the current reward system stipulated in the Law on Competition and Rewards.

c) Expenditure for collective welfare activities of officials and civil servants; emergency hardship allowances for officials and civil servants, including those who have retired or left due to health reasons; additional expenditure for employees within the establishment when implementing streamlined staffing.

Establishing a reserve fund to stabilize income for officials and civil servants. The saved funds that remain unused at year-end shall be transferred into the reserve fund for stabilizing income.

đ) Within the year, the entity implementing the self-management regime may temporarily allocate from the assigned budget to cover additional income, welfare activities, and supplementary expenses for business operations.

3. The head of the entity implementing the self-management regime decides on the plan to utilize the aforementioned saved funds in the internal expenditure regulations of the entity after reaching a consensus in writing with the Trade Union organization of the entity.

8. Amend and supplement Article 9 as follows:

Article 9. Adjustment of staffing levels and allocated funding to implement the self-management regime.

1. Staffing quotas are reviewed and adjusted according to the provisions of Article 11 of Decree No. 21/2010/NĐ-CP dated March 8, 2010, of the Government on civil servant staffing management and Clause 2 of Article 9 of Decree No. 36/2013/NĐ-CP dated April 22, 2013, of the Government on job positions and civil servant grade structures, and related provisions.

2. The level of funding allocated in the year to implement the self-management regime will be reviewed and adjusted in the following cases:

a) Due to adjustments in staffing levels as specified in Clause 1 of this Article;

b) Adjustments in tasks pursuant to decisions of competent authorities;

c) Changes in state policies on salaries, changes in budget allocation standards, and adjustments in the proportion of state budget allocations for administrative management fields.

3. When factors arise that change the allocated funding, the entity implementing the self-management regime, which bears its own responsibility, shall submit a written request for budget adjustment, detailing the factors causing increases or decreases in the budget, to the immediate superior supervisory agency. The immediate superior supervisory agency (which is not a first-level budget unit) shall review and consolidate the budgets of subordinate units and submit them to the first-level budget unit. Central and local government agencies (first-level budget units) shall examine, consolidate, and prepare budgets for financial expenditures within their jurisdiction to be submitted to the finance authority at the same level for approval by the competent authority.

9. Amend and supplement Articles 10, 11, 12, 13, and 15 to become the new Article 10 as follows:

Article 10. Responsibilities for Organizational Implementation

1. Responsibilities of entities implementing the self-management regime, bearing their own responsibility

a) The head of the agency implementing the self-management system shall be responsible under the law for their decisions regarding the management and use of assigned personnel quotas and administrative management funds;

b) Implement measures to save in the use of staffing and administrative management funding; issue internal expenditure regulations, organize democratic discussions, and unify within the entity to effectively achieve assigned goals and tasks;

c) Organize the implementation of democratic regulations, internal expenditure regulations, and financial transparency in the management and use of staffing and administrative management funding within the entity, including publicizing certain contents at staff meetings such as additional staffing needs, travel expenses for overseas trips, car purchases, asset procurement and repair costs, and hospitality expenses, etc., according to usage categories and standard rates; create conditions for trade unions and staff members within the entity to participate in and supervise the implementation of staffing and funding utilization plans as prescribed by the State;

d) Annually report to the immediate superior supervisory agency on the results of implementing the self-management regime, bearing their own responsibility, including evaluations on several aspects:

- Special tasks completed: Evaluation by each task (allocated budget; volume and quality of work performed);

- Special tasks not completed: Task name, allocated budget;

- Compliance with financial expenditure policies and systems.

2. Responsibilities of Ministers, Heads of Ministries Equivalent to Ministries, and Heads of Government Agencies, Chairpersons of People's Committees of Provinces and Municipalities Directly Under the Central Government

a) Based on staffing and administrative management funding allocated by the competent authority, the Head of the Managing Agency shall allocate staffing and administrative management funding to subordinate budget units, including detailed administrative management funding budgets for implementing the self-management regime and funding allocated but not implemented under Decree No. 130/2005/NĐ-CP and this Decree;

b) Direct and guide subordinate agencies to implement the self-management regime as stipulated in Decree No. 130/2005/NĐ-CP, this Decree, and guiding documents;

c) Organize inspections and supervision of the implementation of the self-management regime, bearing their own responsibility, by subordinate agencies. Take measures to resolve difficulties and obstacles during the implementation process or handle disciplinary actions against organizations and individuals who violate the law;

d) Annually organize evaluations and report the results of implementing the self-management regime, bearing their own responsibility, regarding the use of staffing and administrative management funding to the Ministry of Finance and the Ministry of Home Affairs for consolidation and reporting to the Prime Minister.

3. Responsibilities of the Ministry of Finance

a) Lead and coordinate with the Ministry of Home Affairs to guide the implementation of the self-management mechanism, bearing responsibility for the use of administrative management funding;

b) Lead and coordinate with the Ministry of Home Affairs to direct and inspect the implementation progress of the self-management regime, bearing responsibility for the use of staffing and administrative management funding by ministries, agencies equivalent to ministries, government agencies, and provincial people's committees directly under the central government. Report annually to the Prime Minister on the results of implementation;

c) Lead and coordinate with the Ministry of Home Affairs to conclude and evaluate the implementation of Decree No. 130/2005/NĐ-CP and this Decree in the fourth quarter of 2017.

4. Responsibilities of the Ministry of Home Affairs

a) Chair and coordinate with relevant ministries to guide the self-management and self-responsibility regime in the use of establishment posts;

b) Coordinate with the Ministry of Finance to organize, direct, inspect the situation and progress of implementing the self-management and self-responsibility regime regarding the use of establishment posts and administrative management expenses assigned to ministries, ministerial-level agencies, government agencies, provincial people's committees, and centrally-administered city people's committees on an annual basis, and report the results to the Prime Minister.

5. Based on the provisions of Decree No. 130/2005/NĐ-CP and this Decree, the competent authorities of the Communist Party of Vietnam and political-social organizations shall guide the implementation for their subordinate organizations.

Article 2. Effective Date

This Decree takes effect from January 1, 2014, and is applied from the 2014 fiscal year./.