Circular No. 25/2011/TT-BKHCN on the contents of expenditures for implementing tasks under the Project to Implement the Agreement on Technical Barriers to Trade during the period 2011-2015.

CIRCULAR

Regulations on the content of expenditures for implementing tasks under the Implementation Program of the Agreement on Technical Barriers to Trade for the period 2011-2015

Implementing Decision No. 682/QĐ-TTg dated May 10, 2011 of the Prime Minister approving the Implementation Program of the Agreement on Technical Barriers to Trade for the period 2011-2015;

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Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

The Minister of Science and Technology hereby stipulates the content of expenditures for implementing tasks under the Implementation Program of the Agreement on Technical Barriers to Trade for the period 2011-2015 as follows:

1. These Circulars specify in detail the content of expenditures for implementing tasks under the Implementation Program of the Agreement on Technical Barriers to Trade for the period 2011-2015 (hereinafter referred to as the TBT Program) approved by Decision No. 682/QĐ-TTg dated May 10, 2011 of

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. These Circulars apply to Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and cities directly under the Central Government (hereinafter referred to as Ministries, sectors, localities) and organizations and individuals in organizing the implementation of tasks under the TBT Program. The Prime Minister.

Article 2. Budget for implementing tasks under the TBT Program

1. The central budget balances the funds for tasks under the TBT Program implemented by Ministries and central agencies; the local budget balances the funds for tasks under the TBT Program implemented by localities.

The state budget allocates funds for managing the TBT Program; disseminating and promoting information about TBT; perfecting the legal basis for TBT activities; enhancing the capacity of state management agencies and technical organizations serving state management in developing and implementing technical measures on TBT; improving the capacity of the Inter-Ministerial Committee on TBT, the Network of Notification and Inquiry Points of Vietnam on TBT; researching, drafting, guiding the application of technical measures to enhance business efficiency and promote exports and imports for enterprises.

2. The science and technology development fund of enterprises allocates funds for organizing the application of technical measures on TBT to enhance business efficiency and promote exports and imports at enterprises; strengthening technical infrastructure to implement technical solutions on TBT; training, instructing, raising awareness, and improving skills on TBT for enterprise staff.

3. Aid, sponsorship, investment funds from domestic and foreign organizations and individuals and other legitimate sources shall be used according to the requirements of specific tasks under the TBT Program and agreements with relevant organizations.

Article 3. Content of expenditures for implementing tasks under the TBT Program

Chapter II

SPECIFIC PROVISIONS

1. Expenditures for common activities of the TBT Program, including: developing action programs, implementation plans for the TBT Program; information dissemination and promotion; inspection and evaluation of the implementation of the TBT Program; conferences, seminars, mid-term and final reviews of the TBT Program; activities of the permanent office; organizational and management activities for implementing the TBT Program.

2. Expenditures for implementing tasks under the TBT Program as specified in Article 1 of Decision No. 682/QĐ-TTg dated May 10, 2011 of

approving the Implementation Program of the Agreement on Technical Barriers to Trade for the period issues this Decision regarding the establishment 2011 - 2015, specifically: a) Expenditures for reviewing, amending, and supplementing legal documents and technical standards related to regulating technical barriers to trade activities in Vietnam;

b) Expenditures for collecting information, translating documents, researching, analyzing, building technical measures, quality control mechanisms for exported and imported goods; expenditures for signing and implementing agreements or mutual recognition arrangements regarding conformity assessment results with partners both domestically and internationally; expenditures for building and participating in rapid alert networks on product quality among countries;

c) Expenditures for studying World Trade Organization (WTO) regulations, experiences of countries in guiding and assisting businesses to overcome technical barriers to trade in exports and imports while ensuring compliance with international trade rules; expenditures for disseminating and applying technical measures at enterprises;

d) Expenditures for domestic and international surveys, learning exchanges; attending annual meetings, negotiations on TBT; expenditures for research serving the development of plans, strategies, policies; expenditures for organizing training courses; sending officials, civil servants, and employees for training and upgrading both domestically and internationally on TBT;

đ) Expenditures for training and instructing professional technical skills for members of the Inter-Ministerial Committee on TBT and TBT Network staff; expenditures for advisory activities of the Inter-Ministerial Committee on TBT; expenditures for meetings, conferences, seminars of the Inter-Ministerial Committee on TBT; expenditures for enhancing technical equipment serving the notification and inquiry system on TBT;

e) Expenditures for information dissemination, promotion, and publicity through communication media; issuing informational publications; building and maintaining an electronic information website (website), establishing databases (both hard copy and soft copy) on the activities of the TBT Program.

3. Other expenses directly related to the activities of the TBT Program.

3. Other direct costs related to the activities of the TBT Program.

Article 4. Budget allocation for state activities

1. Operational expenses

The level of expenditure to implement tasks under the TBT Project shall be carried out in accordance with current financial regulations; to facilitate the application of these expenditure levels, some consolidated documents may be applied as follows:

a) Expenditure on developing explanatory documents, reviewing, inspecting, and accepting research topics and projects under the TBT Project shall be implemented according to the following documents: Joint Circular No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the standard and allocation of budget funds for scientific and technological research topics and projects; Joint Circular No. 93/2006/TTLT-BTC-BKHCN dated October 4, 2006, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the system of budget allocation for scientific and technological research topics and projects funded by the state budget.

b) Expenditure on collecting and reviewing regulatory legal documents shall be implemented according to Joint Circular No. 158/2007/TTLT-BTC-BTP dated December 28, 2007, issued by the Ministry of Finance and the Ministry of Justice guiding the management and use of funds supporting the inspection of legal regulatory documents.

c) Expenditure on amending, supplementing, and drafting new legal regulatory documents; expenditure on translating materials shall be implemented according to Joint Circular No. 192/2010/TTLT-BTC-BTP-VPCP dated December 2, 2010, issued by the Ministry of Finance, the Ministry of Justice, and the Government Office guiding the preparation of budgets, management, use, and settlement of state budget funds ensuring work on drafting legal regulatory documents and perfecting the legal system.

d) Expenditure on reviewing, amending, and supplementing technical standards for the application of technical barriers in Vietnam shall be implemented according to Joint Circular No. 145/2009/TTLT-BTC-BKHCN dated July 17, 2009, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the management and use of funds for the development of national standards and technical standards.

đ) Expenditure on travel expenses and organizing domestic conferences shall be implemented according to Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance stipulating the travel expense system and the system of expenditures for organizing conferences for state agencies and public service units.

e) Expenditure on receiving foreign delegations and organizing international conferences: shall be implemented according to Circular No. 01/2010/TT-BTC dated January 6, 2010, issued by the Ministry of Finance stipulating the system of expenditures for receiving foreign guests coming to work in Vietnam, expenditures for organizing international conferences and seminars in Vietnam, and expenditures for hosting guests within the country; expenditures for officials going on short-term missions abroad shall be implemented according to the provisions of Circular No. 91/2005/TT-BTC dated October 18, 2005, issued by the Ministry of Finance stipulating the travel expense system for state officials and civil servants going on short-term missions abroad funded by the state budget.

g) Expenditure on training activities shall be implemented according to Circular No. 139/2010/TT-BTC dated September 21, 2010, issued by the Ministry of Finance stipulating the preparation of budgets, management, and use of state budget funds for training and capacity building for state officials and civil servants.

h) Expenditure on inspection, supervision, and control activities; costs for conformity assessment activities with standards and technical regulations shall be implemented according to the following documents: Circular No. 06/2007/TT-BTC dated January 26, 2007, issued by the Ministry of Finance guiding the preparation of budgets, management, and use of funds to ensure inspection work on policy implementation, strategies, planning, and programs; Joint Circular No. 28/2010/TTLT-BTC-BKHCN dated March 3, 2010, issued by the Ministry of Finance and the Ministry of Science and Technology guiding the management and use of funds for state quality inspection activities of products and goods.

i) Expenditure on establishing electronic information websites shall be implemented according to Circular No. 137/2007/TT-BTC dated November 28, 2007, issued by the Ministry of Finance stipulating expenditures for establishing electronic information sites.

k) Expenditure on popularizing and educating the law shall be implemented according to Joint Circular No. 73/2010/TTLT-BTC-BTP dated May 14, 2010, issued by the Ministry of Finance and the Ministry of Justice guiding the preparation, management, use, and settlement of funds to ensure work on popularizing and educating the law.

When the documents mentioned in this Clause are replaced, amended, or supplemented, the expenditure levels for implementing tasks under the TBT Project shall be applied according to the new documents.

2. Procurement of equipment, means, and materials

Procurement of equipment, means, and materials shall be carried out strictly in accordance with the current procedures and regulations of the State on bidding for procurement of goods.

Article 5. Levels of expenditure from the science and technology development fund of enterprises, aid, sponsorship, investment funds from domestic and foreign organizations and individuals, and other lawful sources of capital

Clause 1. The level of expenditure from the science and technology development fund of enterprises shall be decided by the head of the enterprise. In cases where there are no regulations on levels of expenditure, the provisions of this Circular may be applied.

Clause 2. The level of expenditure from aid, sponsorship, investment funds, and other lawful sources of capital shall be implemented according to the agreements between organizations. In cases where there are no agreements on levels of expenditure, the provisions of this Circular may be applied.

Chapter III
FINANCIAL MANAGEMENT WORK

Article 6. Preparation of Budget Estimates, Allocation, and Assignment of Budget Estimates

The preparation of budget estimates, allocation, and assignment of budget estimates for implementing tasks under the TBT Project shall be carried out in accordance with the provisions of the State Budget Law and guiding documents, specifically as follows:

Clause 1. Each year, at the time of preparing the state budget revenue and expenditure estimates, ministries, sectors, and localities shall prepare budget estimates to ensure the implementation of tasks under the TBT Project, which will be consolidated into the ministry, sector, or locality's budget estimate and submitted to the competent authority for approval in accordance with the regulations; simultaneously, they shall send the Ministry of Science and Technology for consolidation and coordination in implementation.

Clause 2. The allocation and assignment of budget estimates shall be carried out in accordance with current financial management regulations and budget decentralization.

Article 7. Management, Use, and Settlement of Funds

Clause 1. Funds for implementing tasks under the TBT Project shall be managed, used, and settled in accordance with current regulations of the State Budget Law, guiding documents for the implementation of the State Budget Law, and specific provisions in this Circular.

Clause 2. The use of funds for implementing tasks under the TBT Project must ensure complete and valid financial documentation in accordance with current financial regulations and the provisions of this Circular.

Chapter IV IMPLEMENTATION PROVISIONS

Article 8. Effective Date

Clause 1. This Circular takes effect from November 15, 2011.

Clause 2. During the process of implementation, if any issues arise or difficulties and obstacles occur, agencies and organizations are requested to promptly report in writing to the Ministry of Science and Technology for research, amendment, and supplementation to ensure appropriateness.