Joint Circular No. 147/1999/TTLT/BTC-BTCCBCP guiding the transfer of tasks, personnel, and establishment of the system of the General Department of Investment Development to financial agencies, State Treasury, and the Development Support Fund.

JOINT CIRCULAR

Guidelines for transferring personnel responsibilities and staffing

to financial agencies, State Treasury, and Development Support Fund

financial agency, State Treasury, Development Support Fund

______________________ 

Pursuant to Decree No. 145/1999/NĐ-CP dated September 20, 1999 of the Government on restructuring the Investment Development General Department under the Ministry of Finance;

Pursuant to Decree No. 50/1999/NĐ-CP dated July 8, 1999 of the Government on the organization and operation of the Development Support Fund;

The Ministry of Finance and the Government Organizational and Cadre Management Agency jointly issue guidelines for transferring responsibilities, personnel, and staffing from the Investment Development General Department system and the National Development Support Fund as follows:

I. GENERAL PRINCIPLES:

1- Current tasks, personnel, staffing, and all related files, documents, and working tools of the Investment Development General Department system and the National Development Support Fund shall be transferred to the Ministry of Finance, State Treasury, Development Support Fund, and Provincial Departments of Finance and Prices (hereinafter referred to collectively as Provincial Departments of Finance and Prices).

2- The receiving agency shall continue to be responsible before the competent state authority for the transferred tasks. The transfer must ensure the continuity of work being carried out prior to the transfer, without affecting the progress of investment projects, and should not cause difficulties for project sponsors.

3- For employees under labor contracts, if their contracts have expired, they will terminate their contracts before the transfer; if their contracts are still valid, they will be transferred according to the above principles, and the receiving agency shall be responsible for resolving them in accordance with the Labor Code.

4- The allocation of personnel from the Investment Development General Department and the National Development Support Fund to new organizations shall be based on the principle that those who are currently performing certain tasks shall be transferred to the agency assigned to continue performing those tasks starting January 1, 2000.

In cases where civil servants work in common service units (administration, office...) or are performing tasks in other units with overlapping responsibilities, the situation will be considered and allocated appropriately depending on specific circumstances.

5- The staffing and budget of the receiving agency shall be increased correspondingly with the transferred staffing and budget from the Investment Development General Department system, according to the transferred staffing, but shall not exceed the total staffing of the Investment Development General Department system as planned by the State in 1998.

6- Based on the specific situation and the capacity of the leadership of the Investment Development Bureau, Provincial Investment Development Branches (hereinafter referred to collectively as Provincial Investment Development Branches), the head of the receiving agency shall consider and submit to the competent authority for decision on appointing suitable positions.

7- Until June 30, 2000, the position allowances of leaders in the Investment Development General Department system shall be retained if they retain their positions or are appointed to new positions with lower position allowances due to organizational restructuring.

8- Requests for job transfers by civil servants based on personal preferences shall only be resolved after the transfer process is completed.

9- The transfer of funds and assets of the Investment Development General Department system and the National Development Support Fund shall be carried out according to the guidelines of the Ministry of Finance to ensure that the Development Support Fund has its headquarters and working tools.

II. CONTENT OF TRANSFER:

1- Regarding tasks:

a- At the Investment Development General Department: Tasks currently being performed at the Investment Development General Department and the National Development Support Fund shall be transferred to the following agencies:

- The Investment Department under the Ministry of Finance shall take over and continue to perform tasks related to researching and establishing financial management policies for investment, investment capital plans, participating in project investment reviews, and finalizing project investment settlements for group A projects.

- The Central State Treasury shall take over and continue to perform tasks related to reviewing and disbursing investment capital, consolidated accounting, and accounting for investment capital from the state budget; all tasks related to managing, disbursing, and settling investment capital for inter-provincial projects.

- The Development Support Fund shall take over and continue to perform tasks related to managing preferential credit investment capital currently handled by the Investment Development General Department and all tasks of the National Development Support Fund.

b- At the Provincial Investment Development Bureau and Provincial Investment Development Branches: Tasks currently being performed at the Provincial Investment Development Bureau, Provincial Investment Development Branches, and Provincial Branches of the National Development Support Fund shall be transferred to the following agencies:

- The Provincial Departments of Finance and Prices shall take over and continue to perform tasks related to guiding mechanisms and policies, investment capital plans, participating in project investment reviews, and auditing final project investment settlements funded by the state budget.

- The Provincial State Treasury shall take over and continue to perform tasks related to reviewing and disbursing investment capital, settlement, accounting, and finalizing investment capital from the state budget within their respective regions. - The Provincial Branch of the Development Support Fund shall take over and continue to perform tasks related to managing preferential credit investment capital currently handled by the Provincial Investment Development Bureau and Provincial Investment Development Branches, and all tasks of the Provincial Branch of the National Development Support Fund.

2- Regarding personnel: Civil servants currently performing the tasks mentioned above shall be transferred to the agency receiving those tasks to continue performing them.

3- Files and documents: All files and documents currently held by the Investment Development General Department, the National Development Support Fund, the Provincial Investment Development Bureau, the Provincial Investment Development Branches, and the Provincial Branches of the National Development Support Fund directly related to specific tasks shall be transferred to the agency receiving those tasks. Employee files shall be transferred in accordance with the guidance of the cadre management agency and in compliance with general state regulations.

4- For the Regional Investment Development Office under the Investment Development Department and the Regional Investment Development Division under the Investment Development Department: The Director of the Investment Development Department shall be responsible for transferring all tasks, personnel, and related financial documents to the Provincial State Treasury Director to continue performing the capital disbursement control tasks within the assigned territory and projects according to the state budget.

III. IMPLEMENTATION:

1- Entrust the General Director of the Investment Development General Department to develop a transfer plan for tasks, personnel, and documents based on the guidelines set forth in this Circular and submit it to the Minister of Finance for decision.

At the Investment Development General Department and the National Investment Support Fund:

The General Director of the Investment Development General Department shall transfer to the Investment Department Director of the Ministry of Finance, the General Director of the State Treasury, and the General Director of the Development Support Fund; the General Director of the National Investment Support Fund shall transfer to the General Director of the Development Support Fund for receipt in accordance with the contents stipulated in this Circular.

At the provincial Investment Development Departments, provincial Investment Development Offices, and branches of the National Investment Support Fund:

The Directors of the provincial Investment Development Departments and Offices shall transfer to the Provincial Department of Finance and Prices, the Provincial State Treasury Director, and the Branch Director of the Development Support Fund; the Branch Director of the National Investment Support Fund shall transfer to the Branch Director of the Development Support Fund for receipt in accordance with the contents stipulated in this Circular.

2- The transfer must be completed by December 31, 1999, accompanied by complete financial documents and relevant appendices. The minutes and list of transferred officials shall be reported to the Ministry of Finance, the Government's Organizational and Cadre Board, and the Provincial People's Committee no later than January 31, 2000.

During the implementation of the transfer process, it is requested that units promptly report difficulties and issues encountered to the inter-ministerial agencies for coordination and resolution.