Circular No. 167/2012/TT-BTC on the preparation of budgets, management, and utilization of funds for administrative procedure control activities.

CIRCULAR

Regulations on the preparation of budget estimates, management, and utilization of funds for administrative procedure control activities

a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters. Administrative procedure control activities

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 63/2010/NĐ-CP dated June 8, 2010 of the Government on administrative procedure control;

Pursuant to Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt and handling of complaints and suggestions from individuals and organizations regarding administrative regulations;

To implement the guidance of the Prime Minister in Circular No. 486/VPCP-KSTT dated January 20, 2012 of the Government Office;

At the proposal of the Director of the Department of Financial Administration and Public Services;

The Minister of Finance promulgates this Circular regulating the preparation of budget estimates, management, and utilization of funds for administrative procedure control activities as follows:

Article 1. Scope and Applicability

1. Objectives:

a) Administrative procedure control agency.

b) Advisory Council for Administrative Procedure Reform.

c) Ministries, ministerial-level agencies, government agencies, People's Committees at all levels, and units under the People's Committees at all levels when implementing administrative procedure control.

2. Scope:

a) The provisions of this Circular shall apply to activities controlling the establishment, implementation, review, and evaluation of administrative procedures and managing the National Database on Administrative Procedures.

b) This Circular does not include:

- Internal administrative procedure control activities within each administrative agency, between administrative agencies that do not relate to the handling of administrative procedures for individuals and organizations;

- Control activities of administrative violation procedures; inspection procedures and administrative procedures containing state secrets.

Article 2. Sources of Funds

1. Funds to ensure the implementation of administrative procedure control at ministries, ministerial-level agencies, and government agencies shall be guaranteed by the central budget.

2. Funds to ensure the implementation of administrative procedure control at provincial and centrally-administered city levels shall be guaranteed by local budgets.

3. In addition to funds guaranteed by the state budget, ministries, ministerial-level agencies, government agencies, provincial and centrally-administered city People's Committees may mobilize and utilize other legitimate resources to strengthen the implementation of administrative procedure control within their jurisdiction.

Article 4. Contents of Expenditure

1. Expenses for updating administrative procedure data into the National Database on Administrative Procedures; publicizing and disclosing administrative procedures.

2. Expenses for soliciting opinions on administrative procedure regulations in draft projects and draft normative legal documents; expenses for soliciting participation from experts on administrative procedure regulations in draft projects and draft normative legal documents in specialized fields (only reimbursable for cases where the drafting agency solicits opinions from the administrative procedure control agency as stipulated in point a, Clause 1, Article 9 of Decree No. 63/2010/NĐ-CP; the administrative procedure control agency must solicit participation from relevant agencies and experts).

3. Expenses for independent reviews of administrative procedure regulations: preparing review forms, filling out review forms; expenses for compiling comprehensive reports and analyses on administrative procedure control work, reception and processing of complaints and suggestions about administrative regulations nationwide; expenses for compiling reports on the results of reviews and evaluations of administrative procedures by topic, sector, or field.

4. Expenses for organizing meetings, seminars, and roundtable discussions to solicit opinions on administrative procedure regulations and proposals to simplify administrative procedures.

5. Expenses for organizing training conferences, professional deployment meetings, mid-term and final reviews, regular coordination meetings; expenses for supervisory and urging activities of ministries, sectors, and localities.

6. Expenses for hiring specialized consultants.

7. Expenses to support civil servants responsible for administrative procedure control tasks at ministries, sectors, and localities.

8. Expenses for rewarding collectives and individuals with outstanding achievements in administrative procedure control activities.

9. Other related expenditure items directly linked to administrative procedure control activities, including:

a) Expenses for promoting administrative procedure control activities such as: developing news articles, publications, communication products, advertisements, special columns on administrative procedure reform in mass media;

b) Expenses for developing handbooks for administrative procedure control staff;

c) Expenses for purchasing goods and services such as graphic design, equipment procurement, information technology application services;

d) Expenses for organizing related competitions;

đ) Expenses for surveys and research studies on administrative procedure control work; expenses for inspection and evaluation teams on the implementation of administrative procedure control work;

e) Expenses for organizing research, exchange, and learning tours on administrative procedure control both domestically and internationally;

g) Overtime expenses;

Translation expenses;

i) Other expenses (if any).

Article 4. Levels of expenditure

Point 1. Specific expenditure levels are detailed in the attached appendix to this Circular.

2. The expenditure limits specified in this Circular are maximum limits. Based on actual circumstances, the complexity of each task, and budget capacity, Ministers of ministries, ministerial-level agencies, Heads of government agencies; Provincial People's Committees shall report to the People's Councils of provinces and centrally-administered cities to specify specific expenditure limits that are appropriate and do not exceed the limits set forth in this Circular.

3. In cases where ministries, sectors, and localities have not issued specific expenditure limit regulations, the Heads of agencies and units shall decide on expenditure limits based on actual expenditures (with valid invoices) but not exceeding the limits set forth in this Circular, ensuring economy and avoiding waste within the allocated budget and must be reflected in the internal expenditure regulations of the agencies and units.

Article 5. Preparation, Implementation, and Settlement of Budget Estimates

The preparation, execution of budget estimates, and settlement of accounts for funds shall be carried out according to current regulations, this Circular provides detailed guidance as follows:

1. Preparation of Budget Estimates: Annually, during the time for preparing the state budget estimate as prescribed by the State Budget Law, based on the planned tasks and work for the annual plan, agencies and units responsible for administrative procedure control shall prepare necessary budget estimates for their annual tasks, consolidate them in the annual state budget estimate of their own agencies and units, and submit them to the competent authority for approval.

2. Allocation and assignment of budget estimates: Based on the budget estimate assigned by the competent authority, the head of the agency or unit shall be responsible for allocating and assigning the budget funds to subordinate units after receiving the audit opinion of the same-level financial agency.

3. Utilization and settlement of funds:

a) Funds for administrative procedure control shall be utilized and settled in accordance with current regulations;

b) Expenditures for administrative procedure control shall be recorded under the corresponding expenditure item in the state budget ledger in accordance with current regulations;

c) At year-end, the settlement of funds for administrative procedure control shall be consolidated into the annual budget settlement of the agency or unit in accordance with the regulations.

Article 6. Implementation Provisions

1. This Circular takes effect from December 1, 2012, and replaces Circular No. 224/2010/TT-BTC dated December 31, 2010, issued by the Ministry of Finance, concerning the preparation of budget estimates, management, and utilization of funds for implementing administrative procedure control activities.

2. During the process of implementation, if there are difficulties or obstacles, they should be reported to the Ministry of Finance for study and resolution./.