Decision No. 192/2004/QĐ-TTg Issuing the Financial Disclosure Regulation for State Budget Levels, Budgetary Units, Organizations Supported by the State Budget, Basic Construction Investment Projects Using State Budget Funds, State-Owned Enterprises, and Funds with Sources from the State Budget and Funds with Sources from People's Contributions.

DECISION

Issuing Financial Disclosure Regulations for State Budget Levels , budgetary units, organizations supported by the state budget, basic construction investment projects using state budget funds, state-owned enterprises, funds sourced from the state budget, and people's contribution funds the state supports investment projects for basic construction using budget funds state-owned enterprises, funds sourced from the state budget, and funds sourced from contributions made by the people The Prime Minister on issuing Financial Disclosure Regulations for the state budget at all levels, budgetary units, state-owned enterprises, and funds with revenues from contributions made by the people, and Decision No. 182/2001/QĐ-TTg dated November 20, 2001, amending and supplementing Decision No. 225/1998/QĐ-TTg dated November 20, 1998, issued by the Prime Minister

PRIME MINISTER

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

Pursuant to the State Budget Law on December 16, 2002; 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 the Law on Thrift and Prevention of Waste dated February 26, 1998;

Based on the Accounting Law dated June 17, 2003;

Pursuant to the State Enterprise Law dated November 26, 2003;

At the proposal of the Minister of Finance,

DECISION:

Article 1. Attached herewith are the Financial Disclosure Regulations for state budget levels, budgetary units, organizations supported by the state budget, basic construction investment projects using state budget funds, state-owned enterprises, funds sourced from the state budget, and people's contribution funds established in accordance with the law.

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Repealing Decision No. 225/1998/QĐ-TTg dated November 20, 1998 of the Prime Minister regarding the issuance of Financial Disclosure Regulations for state budgets at all levels, budgetary units, state-owned enterprises, and funds with sources from people's contributions, and Decision No. 182/2001/QĐ-TTg dated November 20, 2001 of the Prime Minister amending and supplementing Decision No. 225/1998/QĐ-TTg dated November 20, 1998 of the Prime Minister. STATE BUDGET

Article 3. The Minister of Finance shall be responsible for guiding the implementation of this Decision.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees at all levels, Heads of budgetary units, Heads of organizations supported by the state budget, Project Management Board Leaders of basic construction investment projects using state budget funds, Chairpersons of Management Councils, General Directors, Directors of state-owned enterprises, Chairpersons of Management Councils or General Directors of funds sourced from the state budget, and Leaders of management boards of people's contribution funds established in accordance with the law shall be responsible for organizing the implementation and guiding subordinate units to implement this Decision.

 

FINANCIAL DISCLOSURE REGULATIONS

For state budget levels, budgetary units, organizations supported by the state budget, basic construction investment projects using state budget funds,

state-owned enterprises, funds sourced from the state budget,and people's contribution funds.

(Issued along with Decision No. 192/2004/QĐ-TTG

dated November 16, 2004 of the Prime Minister)

 

PART I
general provisions

Article 1Purpose of financial disclosure

Financial disclosure is a measure aimed at promoting the right of control by state officials, civil servants, labor collectives, and the public in exercising their rights to inspect and supervise the process of managing and utilizing state capital and assets; raising, managing, and utilizing people's contributions according to the law; detecting and promptly preventing violations of financial management systems; ensuring effective use of the state budget, practicing thrift, and preventing waste.

Article 2. Principles of financial disclosure

1. Providing complete, timely, and accurate financial information that must be disclosed, suitable for each recipient through forms prescribed in these regulations.

2. Submission of annual final accounts reports of state budgets at various levels, final accounts reports of budgetary units, organizations supported by the state budget, state-owned enterprises, and people's contribution funds permitted to be established by competent authorities shall be carried out in accordance with current financial reporting and accounting systems.

Article 3. Objectives and scope of application of financial disclosure

1. Entities required to disclose financial information include: state budget levels, budgetary units, organizations supported by the state budget, basic construction investment projects using state budget funds, state-owned enterprises, funds sourced from the state budget, and people's contribution funds permitted to be established in accordance with the law. These entities will hereinafter be referred to collectively as agencies, organizations, and units.

2. Information and data classified as state secrets under the Law on Protection of State Secrets No. 30/2000/PL-UBTVQH10 dated December 28, 2000 of the Standing Committee of the National Assembly, Decision No. 237/2003/QĐ-TTg dated November 13, 2003 of the Prime Minister on the list of state secrets of Top Secret and Confidential level in the finance sector, and information and data classified as secrets of other sectors and localities as decided by the Prime Minister and the Minister of Public Security shall not be disclosed.

Article 4Forms of financial disclosure

Financial disclosure in accordance with these regulations shall be implemented through the following forms:

1. Announcing at regular meetings of agencies, organizations, and units;

3. Publicizing on the electronic information website of the Ministry of Finance.

3. Publicly posting at the workplace of agencies, organizations, and units. Such postings must be maintained for at least 90 days from the date of posting;

4. Notifying in writing to relevant agencies, organizations, units, and individuals;

5. Publishing on electronic information websites;

6. Announcing through mass media.

Chapter II
FINANCIAL DISCLOSURE FOR STATE BUDGET LEVELS

STATE BUDGET

Article 5Disclosing budget figures and final accounts of the state budget and central budget annually; budget figures and final accounts of provincial and centrally-administered city budgets:

1. Disclosing detailed figures of the state budget and final accounts according to indicators approved and ratified by the National Assembly, including:

a) State budget revenue estimates and final accounts;

b) State budget expenditure estimates and final accounts;

c) State budget revenue and expenditure balance estimates and final accounts, deficit, and deficit financing sources.

2. Disclosing detailed figures of the central budget estimates and final accounts, including:

a) The central budget estimate and settlement according to each field as decided and approved by the National Assembly;

b) The total and detailed central budget estimates for each Ministry, agency at the level of a ministry, government agency, and other agencies at the central level according to each field as decided by the National Assembly and assigned by the Prime Minister; the total and detailed central budget settlements for each Ministry, agency at the level of a ministry, government agency, and other agencies at the central level according to each field as approved by the National Assembly, except for the documents and data specified in Clause 2, Article 3 of this Regulation;

c) The supplementary central budget estimates and settlements for each provincial and centrally-administered city's budget as decided and approved by the National Assembly, assigned by the Prime Minister, and reviewed by the Ministry of Finance;

3. Publicize the percentage ratio of revenue sharing between the central budget and each provincial and centrally-administered city's budget as decided by the Standing Committee of the National Assembly and assigned by the Prime Minister.

4. Publicize the budget estimates of each provincial and centrally-administered city's budget as assigned by the Prime Minister; the budget settlements of each provincial and centrally-administered city's budget as reviewed by the Ministry of Finance.

5. The publicizing of the data stipulated in this Article shall be announced by the Minister of Finance through the following forms: written notification to Ministries, agencies at the level of a ministry, government agencies, and other agencies at the central level, provinces, and centrally-administered cities; publication of printed materials; posting on the Ministry of Finance’s website.

Article 6Publicize detailed data on annual budget estimates and settlements of local authorities at all levels.

1. Publicize detailed data on local budget estimates and settlements according to indicators as decided and approved by the People's Council, including:

a) Budget revenue estimates and settlements on the local territory;

b) Local budget revenue estimates and settlements;

c) Local budget expenditure estimates and settlements;

d) For village-level budgets, detailed estimates and settlements must be made for each revenue collection area and the allocation ratio of revenue sources, each expenditure area, and other financial activities such as dedicated funds, public services, etc.;

2. Publicize detailed data on budget estimates and settlements at their own level, including:

a) Budget estimates and settlements at their own level according to each field as decided and approved by the People's Council;

b) The total and detailed budget estimates for agencies, organizations, units under their own level according to each field as decided by the People's Council and assigned by the People's Committee; the total and detailed budget settlements for agencies, organizations, units under their own level according to each field as approved by the People's Council, except for the documents and data specified in Clause 2, Article 3 of this Regulation;

c) Supplementary budget estimates and settlements from their own budget to lower-level budgets as decided and approved by the People's Council, assigned by the People's Committee;

3. Publicize the percentage ratio of revenue sharing between different levels of local budgets as decided by the Provincial People's Council and assigned by the Provincial People's Committee;

4. Publicize the budget estimates of each district, town, city within a province, commune, ward, town as assigned by the higher-level People's Committee; the budget settlements of each district, town, city within a province, commune, ward, town as reviewed by the higher-level finance authority;

5. The publicizing of the data stipulated in this Article shall be announced annually by the Chairpersons of People's Committees at all levels through the following forms: written notification to agencies, units under their own budget, districts, towns, cities within a province (for provincial level), communes, wards, towns (for district level); publication of printed materials; posting on the website (in areas that have websites). For village level, it shall be done by publicly posting at the village People's Committee office; written notification to the Party Committee, political-social organizations in the village, and heads of hamlets, villages, groups; announcement through local information dissemination means.

, Clause 1, Clause 2 Article 7a of this Regulation.Time for publicizing annual budgets for state budget levels

Budget estimates and settlements must be publicized within sixty days from the date they are decided and approved by the National Assembly or People's Council.

Chapter III
PUBLIC FINANCIAL DISCLOSURE FOR BUDGET ESTIMATE UNITS, ORGANIZATIONS SUPPORTED BY THE STATE BUDGET, AND BASIC CONSTRUCTION PROJECTS FUNDED BY THE STATE BUDGET

Article 8Disclosure of annual budget fund allocation and utilization for budget estimate units

1. Heads of budget estimate units shall publicly announce within their units about the budget estimates assigned by the competent authority and the budget settlements approved by the competent authority.

2. Heads of upper-level budget estimate units shall publicly announce the budget estimates, including adjusted budget estimates, assigned to lower-level budget estimate units; publicly announce the approved budget settlements to lower-level budget estimate units.

3. The disclosure of contents as stipulated in this Article shall be carried out through the following forms: written notification; posting at the unit; announcement at the unit staff meeting; publication of printed materials (if necessary). The latest time for disclosure is thirty days from the date of assignment or approval by the competent authority.

Article 9Disclosure of revenue collection and utilization of contributions from organizations and individuals for budget estimate units

Annually, heads of budget estimate units with revenue sources and expenditures from contributions of organizations and individuals as prescribed by law must publicly announce the purpose of fundraising, contribution levels, fundraising results, and the effectiveness of utilizing raised funds.

The disclosure of information as stipulated in this Article shall be carried out through the following forms: posting at the unit headquarters; direct notification to participating organizations and individuals.

Article 10Disclosure of budgets and funds of organizations supported by the state budget

The head of the organization supported by the state budget shall publicly disclose financial data on the budget estimates, final accounts of revenues and expenditures, contributions from organizations and individuals (if any), and the basis for determining the level of support and the amount of state budget support for the unit. Public disclosure shall be carried out through the following forms: posting at the office premises; announcement at the organization's conference. The latest time for public disclosure is 30 days from the date of receipt of authority to allocate or approve.

Article 11. Publicly disclose the allocation and use of capital for construction investment projects funded by the state budget.

1. The person authorized to allocate investment capital for construction investment projects funded by the state budget as prescribed by law must publicly disclose the allocation of investment capital within the annual state budget estimate assigned to each project.

2. The person responsible for managing construction investment projects funded by the state budget must publicly disclose the following contents:

a) The state budget estimate of the investment project according to the approved investment plan, the level of investment capital allocated in the annual state budget estimate for the project.

b) Publicly disclose the results of the contractor selection approved by the competent authority.

c) Final account of investment capital annually.

d) Final account of investment capital when the project is completed and approved by the competent authority.

3. Forms of public disclosure: Posting publicly at the office premises of the agency or unit; announcement at the agency or unit's conference.

4. Time of public disclosure:

a) Contents required to be disclosed under Clause 1 and Point a, Point c, Clause 2 of this Article must be disclosed no later than 30 days from the date the state budget estimate and final account of the project's investment capital are assigned or approved by the competent authority.

b) Content required to be disclosed under Point b, Clause 2 of this Article must be disclosed no later than 15 days from the date the results of the contractor selection are obtained.

c) Content required to be disclosed under Point d, Clause 2 of this Article must be disclosed no later than 30 days from the date the final account of the investment capital is approved by the competent authority.

Chapter IV
FINANCIAL DISCLOSURE FOR

STATE ENTERPRISES

Article 12. Contents of financial disclosure for state enterprises

The Chairman of the Board of Directors or General Director/Director of state enterprises shall disclose the following contents:

1. Financial status of the enterprise;

2. Results of production and business operations of the enterprise;

3. Establishment and use of various funds of the enterprise;

4. Contributions to the state budget of the enterprise;

5. Income and average income of employees;

6. Capital contribution and effectiveness of state capital at the enterprise and other organizations.

Article 13. Forms and times of financial disclosure for state enterprises:

Disclosure of the contents stipulated in Article 12 of this Regulation shall be conducted through the following forms: issuing publications; posting at the enterprise; announcing at the enterprise's staff meeting.

Financial disclosure shall be conducted annually. The latest time for financial disclosure is 120 days from the end of the calendar year.

Chapter V
FINANCIAL DISCLOSURE FOR FUNDS WITH SOURCES

FROM THE STATE BUDGET AND FUNDS WITH SOURCES

FROM CONTRIBUTIONS OF CITIZENS AND INDIVIDUALS, ORGANIZATIONS ESTABLISHED IN ACCORDANCE WITHLAWS

Article 14. Financial disclosure for funds with sources from the state budget

1. The Chairman of the Fund Management Council or General Director of the Fund shall disclose the following contents:

a) Operation regulations and financial mechanisms of the fund;

b) Annual financial plans, detailing revenues and expenditures related to the state budget as prescribed by the competent authority;

c) Fund operation results;

d) Annual final accounts approved by the competent authority.

2. Forms and times of disclosure

a) Financial disclosure as prescribed in Clause 1 of this Article shall be conducted through the following forms: publicly posting at the fund's office premises; issuing publications; announcing at the fund's annual conference.

b) For contents prescribed in Point a, Point b, Clause 1 of this Article, they must be disclosed no later than 30 days from the date of approval by the competent authority.

c) For contents prescribed in Point c, Point d, Clause 1 of this Article, they must be disclosed no later than 120 days from the end of the calendar year.

Article 15. Contents of financial disclosure for funds with sources from contributions of citizens and individuals, organizations established in accordance with laws (hereinafter referred to as funds with sources from contributions of citizens).

The person responsible for managing the fund shall disclose the following contents:

1. Operation regulations of the fund, conditions, standards, rights, and obligations of contributors and beneficiaries from the fund;

2. Purpose of raising and using fund revenues;

3. Objectives and methods of fundraising;

4. Contribution levels;

5. Fundraising results;

6. Use of the fund for specific purposes during the year;

7. Annual final report.

Article 16. Contents of financial disclosure for funds using contributions of citizens to build infrastructure facilities in communes and towns

In addition to the contents of financial disclosure prescribed in Article 15 of this Regulation, for construction projects using contributions of citizens, the funds must also publicly disclose the following contents:

1. Budget estimate for each project according to the approved investment plan;

2. Detailed sources of investment capital for each project;

3. Results of fundraising from specific groups, fundraising period;

4. Publicly disclose the results of the contractor selection approved by the competent authority;

5. Construction progress and acceptance results of quantity and quality of the project, final account of the project.

Article 17. Forms and times of financial disclosure for funds with sources from contributions of citizens

1. Financial disclosure as prescribed in Articles 15 and 16 of this Regulation shall be conducted through the following forms: publicly posting at the fund's office premises; announcing at meetings with contributors to the fund.

2. Times of disclosure:

a) The contents for public disclosure as prescribed in Clause 1 and Clause 2 of Article 15 of this Regulation must be disclosed when soliciting contributions and sponsorships from organizations and individuals.

b) The contents for public disclosure as prescribed in Clause 3 and Clause 4 of Article 15, Clause 1 and Clause 2 of Article 16 of this Regulation must be disclosed at least thirty days prior to implementation.

c) The contents for public disclosure as prescribed in Clause 5, Clause 6, and Clause 7 of Article 15, Clause 3 and Clause 5 of Article 16 of this Regulation must be disclosed annually, no later than March 31 of the following year.

d) The content for public disclosure as prescribed in Clause 4 of Article 16 of this Regulation must be disclosed no later than fifteen days from the date of the tender selection results.

đ) For funds that use revenue from contributions from the people to invest in infrastructure construction, in addition to the public disclosure requirements stipulated in point c of Clause 2 of this Article, they must also disclose the final accounts of each project with detailed information down to the project components no later than thirty days from the date of approval of the project final accounts.

Chapter VI

REPORTING, INSPECTION, SUPERVISION AND VIOLATION HANDLING REGIME

Article 18. Reporting on the Implementation of Financial Disclosure

1. Budget-using units shall submit reports on their financial disclosures and the implementation status of budget disclosures to their higher-level budgetary units, which will consolidate the reports of primary budgetary units.

2. Primary budgetary units shall submit reports on their financial disclosures and consolidated implementation status of budget disclosures of themselves and subordinate units to the finance authority at the same level.

3. Heads of organizations supported by state budget shall report the disclosed financial documents and data of their units to the finance authority that provided the support.

4. Persons responsible for managing investment capital for basic construction projects funded by the state budget shall report the disclosed financial data and documents of the investment project to their superior management authorities and the finance authority at the same level.

5. Management Councils or General Directors of funds sourced from the state budget shall report the disclosed financial data and documents to the establishment decision-making body and the finance authority at the same level.

6. Persons responsible for managing funds from people's contributions shall report the disclosed financial data and documents to the finance authority that approved the fund establishment.

7. Chairmen of the Board of Directors or General Directors, Directors of state-owned enterprises shall submit the disclosed financial data and documents of their enterprises according to this Regulation to the Department of Finance (for enterprises established by provincial People's Committees) or the Ministry of Finance (for enterprises established by central agencies).

Article 19. Annual Reporting on the Implementation of Financial Disclosure by Various Levels of Government

1. Local finance authorities shall assist the People's Committees at the same level in consolidating the financial disclosure situation of their locality, reporting to the People's Committee and higher-level finance authorities.; They shall also consolidate and publish the financial disclosure figures of their locality.

2. The Minister of Finance shall consolidate the implementation of financial disclosure nationwide, report to the Prime Minister; consolidate and publish the budget disclosure figures of ministries, central agencies, and localities through publication.

Article 20. Forms and Reporting Times:

The Minister of Finance shall specify the forms and times for submitting reports on the implementation of the financial disclosure regulations.

Article 21. Inspection and Supervision

1. Ministries, bodies equivalent to ministries, government-affiliated bodies, other central bodies, People's Committees at all levels, and higher-level budgetary units shall be responsible for inspecting the implementation of financial disclosure by units under their management.

2. The Vietnam Fatherland Front, political-social organizations, mass organizations within agencies and units, and the people shall supervise the implementation of financial disclosure as stipulated in this Regulation.

Article 22. Handling Violations

Organizations, units, and individuals who fail to comply with the financial disclosure regulations set forth in this Regulation shall be subject to disciplinary action, administrative penalties, or criminal liability追究责任，具体处理方式视违规性质和程度而定。

Chapter VII

QUESTIONING AND ANSWERING QUESTIONS

Article 23. Questioning

Organizations, units, and individuals eligible to receive financial disclosure information under this Regulation have the right to question agencies, organizations, and units about financial disclosure contents.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."Answering Questions

1. Persons responsible for implementing financial disclosure as prescribed in this Regulation must answer questions regarding financial disclosure contents. Answers to questions must be in writing and sent to the questioner.

2. The questioned party must respond to the questioner no later than ten days from the date of receiving the questioning content. In cases where the questioning content is complex and requires more time to prepare the response, there must be a written notice specifying the exact date for responding to the questioner, but not exceeding forty-five days from the date of receipt of the questioning content./.