Decree No. 130/2005/NĐ-CP on the self-management and self-responsibility regime for the use of staff quotas and administrative management expenses for state agencies

DECREE

Regulations on autonomy and self-responsibility for the use of staff positions and administrative management expenses for state agencies and revenue

administrative management fees for state agencies

THE GOVERNMENT

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

Pursuant to the State Budget Law number 01/2002/QH11 dated December 16, 2002;

At the proposal of the Minister of Finance,

DECREE:

Chapter I GENERAL PROVISIONS

Article 1. Scope and regulated subjects

1. This Decree stipulates the regulations on autonomy and self-responsibility for the use of staff positions and administrative management expenses for state agencies with separate accounts and seals (hereinafter referred to as autonomous agencies), including:

a) Ministries, ministerial-level agencies, and agencies under the Government;

b) The Office of the National Assembly, the Office of the Standing Committee of the National Assembly;

c) People's Courts at all levels; People's Procuratorates at all levels;

d) Offices of People's Councils, Offices of People's Committees; specialized agencies under People's Committees of provinces and centrally governed cities;

2. The implementation of the autonomy regime for People's Committees at the commune and ward levels shall be decided by the Chairman of the People's Committee of the province or centrally governed city based on the provisions of this Decree, guidelines from the Ministry of Finance and the Ministry of Home Affairs, and actual conditions in the locality.

3. Agencies under the Communist Party of Vietnam and political-social organizations that are allocated staff positions and administrative management expenses by competent authorities may consider independently deciding on the application of the provisions of this Decree.

4. Agencies under the Ministry of Defense, the Ministry of Public Security, and the General Office for Population and Family Planning are not subject to this Decree as they are funded by the state budget for administrative management expenses.

Article 2. Objectives of implementing autonomy and self-responsibility for the use of staff positions and administrative management expenses

1. To create conditions for agencies to proactively and reasonably utilize staff positions and administrative management expenses to effectively fulfill their assigned functions and tasks.

2. To promote the rational organization and staffing, thrift, and prevention of waste in the utilization of labor and administrative management expenses.

3. To enhance labor productivity and the efficiency of administrative management expense usage, increasing income for civil servants.

4. To implement autonomy while linking it with the responsibility of unit heads and civil servants in fulfilling assigned tasks according to the law.

Article 3. Principles of implementing autonomy and self-responsibility for the use of staff positions and administrative management expenses

1. Ensuring the completion of assigned tasks.

3. Implementing transparency, democracy, and ensuring the legitimate rights of civil servants.

Chapter II CONTENT OF AUTONOMY AND SELF-RESPONSIBILITY FOR THE USE OF STAFF POSITIONS AND ADMINISTRATIVE MANAGEMENT EXPENSES

Article 4. On Staff Positions

Based on the allocated number of staff positions, autonomous agencies have the right to proactively manage staff positions as follows:

2. To transfer civil servants within the agency.

3. In cases where fewer staff positions are utilized compared to the allocated quota, the agency still receives administrative management expenses based on the allocated staff position quota.

4. To enter into contracts for work outsourcing and labor contracts for certain positions in accordance with the law within the scope of allocated administrative management expenses.

Article 5. Sources of Administrative Management Expenses for State Agencies

Administrative management funds allocated to agencies implementing the self-management regime shall come from the following sources:

1. State budget allocation.

2. Fees and charges retained according to prescribed regulations.

3. Other lawful revenues as prescribed by law.

Article 6. Administrative Management Expenses Allocated for Implementing Autonomy

2. Contents of allocated expenses include:

a) Payments to individuals: salaries, wages, allowances, contributions based on salary, bonuses, collective welfare, and other payments to individuals as prescribed;

b) Professional service expenses: public service payments, office supplies, information, propaganda, communication, conference fees, domestic travel expenses, expenses for foreign trips and reception of foreign delegations (within the regular expenditure limit), rental expenses, professional service expenses of each sector, procurement, and regular maintenance of fixed assets;

c) Other regular expenses outside the contents prescribed in Article 7 of this Decree.

a) Allocated funds are allocated to other expenditure categories in the state budget classification. Based on the situation of assigned tasks, the head of the autonomous agency decides to allocate the allocated funds to appropriate expenditure items; has the right to adjust between expenditure items if deemed necessary;

b) Autonomous agencies can apply current financial expenditure regulations but must not exceed the maximum expenditure level set by the competent state authority.

Article 7. Allocated Funds but Not Implementing Autonomy

1. In addition to the administrative management expenses allocated for implementing autonomy as stipulated in Article 6 of this Decree, autonomous agencies are also allocated funds from the state budget annually to perform certain tasks as decided by the competent authority, including:

b) Annual premium and counterpart fund expenses for projects agreed upon with international organizations;

c) Expenses for urgent tasks assigned by the competent authority;

d) Expenses for national target programs;

đ) Expenses for reducing staff positions (if applicable);

e) Training and development expenses for civil servants;

g) Research expenses.

h) Capital investment funds for basic construction projects as approved by the competent authority;

i) Funds for implementing other non-recurring tasks.

2. The allocation, management, and utilization of funds stipulated herein shall be carried out in accordance with current regulations.

1. At the end of the fiscal year, after completing assigned tasks, an autonomous regime implementing agency whose actual expenditures on administrative management expenses are lower than the budgeted amount allocated to implement the autonomous regime shall have the difference determined as savings from administrative management expenses.

2. Scope of use of saved funds:

a) Supplementing income for officials and civil servants: the autonomous regime implementing agency may apply an additional factor not exceeding 1.0 times the state-prescribed salary level for officials and civil servants to pay increased income. Based on the total permissible expenditure above, the autonomous regime implementing agency decides the payment plan for increased income for each official and civil servant (or each subordinate unit) according to the principle that it must be linked to the effectiveness and results of their work (or of each subordinate unit);

b) Expenditure on rewards and welfare: periodic or extraordinary rewards for groups or individuals based on work performance and achievements; expenditure on collective welfare activities for officials and civil servants; emergency hardship allowances for officials and civil servants, including those retiring or leaving due to health reasons; additional expenditure for employees within the establishment when implementing staff reduction;

c) When considering the savings potential to be unstable, the autonomous regime implementing agency may establish a reserve fund to stabilize income for officials and civil servants. Any unused portion of the saved funds at the end of the year can be carried over to the next year for continued use.

3. The head of the autonomous regime implementing agency decides the use of the aforementioned saved funds after reaching a written agreement with the agency's trade union organization.

1. Staffing quotas may be reviewed and adjusted in cases of merger, division, or adjustment of tasks of the autonomous regime implementing agency pursuant to the decision of the competent authority managing staffing.

2. Allocated administrative management funds may be reviewed and adjusted in the following cases:

a) Due to adjustments in administrative staffing as decided by the competent authority;

b) Due to adjustments in tasks as decided by the competent authority;

c) Due to changes in state salary policies, changes in budget allocation standards for state budgets, or adjustments in the proportion of state budget allocations for administrative management areas.

3. When there are factors causing changes in the allocated funding level, the autonomous regime implementing agency shall submit a written request for supplementary or adjusted budget estimates, detailing the factors leading to increases or decreases in the budget estimates, to the direct superior management agency. In cases where the direct superior management agency is not a first-level budget entity, it shall review and consolidate the budgets of its subordinate units and forward them to the first-level budget entity. Central and local government agencies (first-level budget entities) shall examine the budgets prepared by their subordinate units, consolidate them, and prepare budget expenditures within their jurisdiction to submit to the financial authorities at the same level for approval by the competent authority.

Chapter III RESPONSIBILITIES OF AUTHORITIES IMPLEMENTING THE AUTONOMY REGIME

1. The head of the authority implementing the autonomy regime shall be responsible under the law for their decisions regarding the management and use of staffing levels and administrative management funds allocated to them.

2. Implement measures to economize on the use of staffing levels and administrative management funds; issue internal expenditure regulations, organize democratic discussions within the agency to achieve unity and effectively fulfill assigned goals and tasks.

3. Organize the implementation of democratic regulations, internal expenditure regulations, and financial transparency in the management and use of staffing levels and administrative management funds within the agency, creating conditions for trade unions and civil servants within the agency to participate in and supervise the implementation of staffing and funding usage plans according to state regulations.

4. Annually report to the direct superior supervisory authority on the results of implementing the autonomy regime of their unit.

1. Based on the staffing levels and administrative management funds allocated by the competent authority, the head of the supervising authority shall allocate staffing levels and administrative management funds to subordinate budget units, including detailed budgets for administrative management funds allocated to implement the autonomy regime as stipulated in Article 6 of this Decree and budgets allocated but not implementing the autonomy regime as stipulated in Article 7 of this Decree.

2. Direct and guide subordinate agencies to organize the implementation of the autonomy regime according to this Decree and the Ministry of Finance and the Ministry of Home Affairs.

3. The Chairperson of the Provincial People's Committee under Central Government Administration decides whether the People's Committee of communes and wards shall implement the autonomy regime (when they meet all necessary conditions as prescribed).

4. Issue basic criteria as a basis for evaluating the performance of subordinate agencies when implementing the autonomy regime, which must include criteria for evaluating the following contents:

a) Volume and quality of work performed;

b) Time taken to resolve work;

c) Compliance with financial policies, systems, and regulations.

5. Organize inspections and supervision of the implementation of the autonomy regime by subordinate agencies. Take measures to resolve difficulties and obstacles during the implementation process or impose disciplinary actions against organizations and individuals who violate the law.

6. Annually organize evaluations and report on the results of implementing the autonomy regime concerning the use of staffing levels and administrative management funds as stipulated in this Decree for subordinate agencies; propose solutions to address difficulties during the implementation process and submit them to the Ministry of Finance and the Ministry of Home Affairs for consolidation and reporting.

1. Lead and coordinate with the Ministry of Home Affairs to implement this Decree; guide the implementation of the autonomy regime concerning the use of administrative management funds.

2. Lead and coordinate with the Ministry of Home Affairs to direct and inspect the situation and progress of implementing the autonomy regime concerning the use of staffing levels and administrative management funds for ministries, agencies equivalent to ministries, government agencies, provincial people's committees under central government administration. Annually report.

3. Proactively resolve issues within their authority or recommend higher authorities to resolve difficulties and obstacles during the implementation of the autonomy regime concerning the use of administrative management funds.

1. Lead and coordinate with the Ministry of Finance to guide the autonomy regime concerning the use of staffing levels.

2. Coordinate with the Ministry of Finance to direct and inspect the situation and progress of implementing the autonomy regime concerning the use of staffing levels and administrative management funds allocated to ministries, agencies equivalent to ministries, government agencies, provincial people's committees under central government administration. Annually report.

3. Proactively resolve issues within their authority or recommend higher authorities to resolve difficulties and obstacles during the implementation of the autonomy regime concerning the use of staffing levels.

Chapter IV IMPLEMENTATION PROVISIONS

Article 14. Effectiveness

1. This Decree takes effect fifteen days from the date of publication in the Official Gazette and is applied from the 2006 fiscal year.

2. Repeal Decision No. 192/2001/QĐ-TTg dated December 17, 2001 of the Prime Minister on expanding the pilot program for allocating staffing levels and administrative management funds.

3. Administrative agencies currently implementing the allocation of staffing levels and administrative management funds according to Decision No. 192/2001/QĐ-TTg dated December 17, 2001 of the Prime Minister shall implement according to the provisions of this Decree.

1. Ministers, Heads of Ministries Equivalent to Ministries, Heads of Government Agencies, and Chairpersons of Provincial People's Committees under Central Government Administration are responsible for enforcing this Decree.

2. Based on the provisions of this Decree, the competent authority of the Communist Party of Vietnam and political-social organizations shall guide the implementation for their affiliated organizations./.