This Decree stipulates the implementation mechanism for national target programs aimed at sustainable poverty reduction and socio-economic development in difficult areas. It includes contents such as capital management, production development support, value chain linkage, and other supporting activities.
Đối tượng áp dụng
National target programs on sustainable poverty reduction and socio-economic development in difficult areas.
Các điểm cốt lõi
- Capital Management
- Production Development Support
- Value Chain Linkage
- Other Supporting Activities.
- Implementation Mechanism for Production Development Support Activities under National Target Programs
🌐 Tác động xã hội từ văn bản này
- Enhance the mobilization of funds from various sources to support production development.
- Prioritize the use of funds for projects and models in districts with high poverty rates and particularly difficult communes.
- Ensure that at least 50% of participants are beneficiaries of the national target program.
❓ Câu hỏi thường gặp
How does the state budget support production development according to the value chain?
State budget support for implementing production development support activities is conditional support; the support period follows the production cycle or the investment timeframe of the national target program. The budget prioritizes projects and plans for production development according to the value chain in districts with high poverty rates and particularly difficult communes.
How to select interlinked projects in production?
The leading unit for linkage prepares a proposal for implementing the project, plan requesting support for production development linkage according to the value chain. The proposal must clearly define the capacity of the leading linkage unit; production, business operation, product sales, service supply plans, and key output indicators.
Support Mechanism for Production Development?
Prioritize the use of national target program funds to implement projects and plans for production development according to the value chain; prioritize resources for projects where over 70% of participants are households classified as poor, near-poor, newly escaped from poverty, or ethnic minority households.
Toàn văn
|
THE GOVERNMENT Number: 27/2022/NĐ-CP |
SOCIALIST REPUBLIC OF VIET NAM Hanoi, April 19, 2022 |
DECREE
Regulations on management mechanisms and organization of implementation
national target programs
____________
||| Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the Law on Local Administration Organization dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration Organization dated November 22, 2019;
Pursuant to the Law on Public Investment dated June 13, 2019;
Pursuant to the State Budget Law dated June 25, 2015;
Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;
Pursuant to the Law on Bidding dated November 26, 2013;
At the proposal of the Minister of Planning and Investment;
The Government issues this Decree to regulate management mechanisms and organization of implementation of national target programs.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree regulates management mechanisms and organization of implementation of national target programs concerning:
4. Mechanisms for organizing implementation of support activities for production development under national target programs.
5. Organizing management of national target programs.
6. Supervising and evaluating national target programs.
Article 2. Applicability
This Decree applies to agencies, organizations, and individuals participating or related to the management and organization of implementation of national target programs.
Article 3. Explanation of Terms
In this Decree, the following terms are understood as follows:
1. Projects, sub-projects, component contents belonging to national target programs (referred to as component projects) are a set of specific objectives, tasks, activities, and solutions aimed at achieving the goals of national target programs.
2. Project sponsors, sub-project sponsors, component content sponsors belonging to national target programs (referred to as component project sponsors) are ministries, central agencies assigned by the Prime Minister to be responsible for managing one or several component projects within national target programs as stipulated in the Investment Decision of the program.
3. The supervisory agency of national target programs (referred to as the supervisory agency of the program) is ministries, central agencies, and provincial People's Committees assigned by the Prime Minister to be responsible for the objectives, tasks, and capital plans for implementing national target programs.
4. The leading unit of joint linkage is a business, cooperative, or cooperative federation proposing a joint linkage project or plan to cooperate with individuals, community groups, cooperatives to carry out production development activities within the scope of investment of national target programs.
5. Linkage objects are individuals, households belonging to the support targets of national target programs, community groups, cooperatives.
6. Counterpart capital for implementing national target programs is local budget, allocated and balanced in financial plans, medium-term public investment plans for five-year periods, and annual state budget estimates and public investment plans to directly implement the contents and activities of national target programs.
7. Integration of capital for implementing national target programs is the use of funds from multiple programs and projects to invest in implementing works, projects, and activities with the same objectives and contents carried out in the same area to maximize the mobilization of various sources of capital to implement national target programs.
8. Special mechanisms in organizing implementation of small-scale investment construction projects with uncomplicated technology are simplified procedures and expedited processes in project preparation, review, decision-making, contractor selection, and construction and maintenance management for construction investment projects involving community participation.
9. Support activities for production development under national target programs involve using state budget funds to partially finance the targets of national target programs and mobilizing other legitimate sources of capital to carry out production, product consumption, and service supply activities to promote rural economic development, entrepreneurship, diversified livelihoods, replication of poverty reduction models, stable income generation, and increased income for people belonging to the targets of national target programs. Support activities for production development include: Value chain-linked production development support; community-based production development support; task-based production development support; special production development support.
10. Value chain-linked production development support is a method of support through linkage projects and plans proposed by the leading linkage unit cooperating with linkage objects in production, product consumption, and service provision along value chains.
12. Task-based production development support is a method of support through placing orders, assigning tasks, or tendering to select agencies or units with sufficient capacity and experience to assist people in production, product consumption, and service provision.
13. Special production development support is a method of support through model projects or projects linked to production development with national defense and security assurance, environmental protection, climate change adaptation, gender equality managed and implemented by ministries, central agencies.
14. National target program supervision is the activity of monitoring and inspecting the implementation plans of national target programs (including public investment plans for program capital), the organization of management, and the implementation situation of national target programs.
15. Evaluation of national target programs is the activity of determining the degree of achievement according to specific objectives and indicators compared to the investment decision or evaluation standards prescribed by the State at a certain point in time. Evaluation of national target programs includes: Annual evaluation, mid-term evaluation, final evaluation, impact evaluation, and ad hoc evaluation of the implementation situation.
Article 4. Principles in managing and organizing the implementation of national target programs
1. Compliance with legal provisions on public investment management, state budget, and related legal provisions.
2. Fulfillment of responsibilities of ministries, central agencies, local authorities at all levels, heads of agencies and units, and relevant organizations in managing and organizing the implementation of programs.
3. Promoting decentralization and empowerment to localities, especially grassroots levels, to enhance the proactivity and flexibility of local authorities at all levels in managing and organizing the implementation of national target programs. Encouraging the role of community participation in planning, implementing, and supervising national target programs.
4. Implementing comprehensive management measures and strengthening integration of funding sources for the implementation of national target programs, ensuring focused, economical, and effective use of funds; addressing scattered and overlapping investments; preventing loss, waste, and non-arrears in construction.
5. Ensuring transparency in managing and organizing the implementation of national target programs.
Chapter II
ESTABLISHING AND ASSIGNING PLANS FOR THE IMPLEMENTATION OF NATIONAL TARGET PROGRAMS FOR THE 5-YEAR PERIOD AND ANNUALLY
NATIONAL TARGET PROGRAMME STAGE 5-YEAR AND ANNUAL
1. The establishment, review, decision on investment orientation, and investment decision for national target programs shall be carried out in accordance with Chapter II of the Public Investment Law.
2. The establishment of plans for national target programs for the 5-year period of the country shall be conducted after the Prime Minister approves the investment decision for national target programs; stipulating principles, criteria, and allocation standards for central government budgets and the matching ratio of local government budgets for implementing national target programs.
3. The program leader shall take the lead and coordinate with component project leaders and relevant agencies to establish plans for national target programs for the 5-year period of the country, to be submitted to the Ministry of Planning and Investment and the Ministry of Finance. The proposal content includes:
a) Proposing targets, tasks, and key contents for implementing national target programs for the responsible agencies.
b) Allocation plan for the central government budget including total funds and annual structure of central government budget support for the responsible agencies.
c) Proposing main solutions to implement the plan for national target programs for the 5-year period.
4. The Ministry of Planning and Investment shall take the lead in compiling plans for national target programs for the 5-year period of the country and report to the competent authority.
5. The Prime Minister assigns plans for national target programs for the 5-year period, including targets, tasks, key contents, total funds, and the structure of the central government budget to the responsible agencies.
1. The establishment of plans for the implementation of national target programs for the 5-year period by the responsible agencies shall be carried out after the Prime Minister assigns the plan for national target programs for the 5-year period.
2. Basis for establishing plans
a) Economic and social development plans, medium-term public investment plans for the 5-year period of ministries, sectors, and localities.
b) Decision of the Prime Minister approving investment in national target programs; Decision of the Prime Minister issuing principles, criteria, and allocation standards for central government budgets and the matching ratio of local government budgets for implementing national target programs.
c) Decision of the Prime Minister assigning plans for national target programs for the 5-year period.
d) Guidelines for setting targets, tasks, contents, and activities for implementing national target programs by program leaders and component project leaders.
3. Content of local plans
a) Targets and indicators for the 5-year period; specific tasks according to component projects of each national target program.
b) Ability to mobilize funds for implementing national target programs, including: state budget funds (central budget, local budget); integrated funds from programs and projects at the locality level; credit funds; other legally mobilized funds (if any).
c) Principles, criteria, and allocation standards for state budget plans for implementing national target programs at the locality level.
d) Contents, activities, proposed funding levels, source structure according to each activity; proportion of construction projects implemented under special mechanisms; list of prioritized investment projects (if any).
đ) Solutions for mobilizing funding sources and organizing implementation.
4. Content of plans of ministries and central agencies
a) Contents, tasks, activities, proposed funding levels, source structure according to each activity; list of investment projects (if any).
b) Solutions for organizing implementation.
5. Within thirty working days from the date the Prime Minister assigns the plan for national target programs for the 5-year period of the country, the responsible agencies shall establish, approve, and assign plans for the implementation of national target programs for the 5-year period in accordance with the Public Investment Law and the State Budget Law.
1. The establishment of annual implementation plans for national target programs by ministries, central agencies, and local levels shall be carried out concurrently with the planning of socio-economic development, public investment, and state budget estimates annually.
2. Content of Local Plans
a) Evaluation of the results of implementing the national target program in the year of implementation.
b) Forecasting objectives, indicators, specific tasks of the plan for the next year according to each component content and project.
c) Forecasting sources of funds for implementing national target programs, including: State budget funds (central budget and local budget); integrated funds from programs and projects at the local level; credit funds; other legally raised funds (if any).
d) Forecasting the amount of funds allocated for implementing each content and activity; list of investment projects, proportion of investment projects implemented under special mechanisms.
đ) Management solutions and organization of implementation.
3. Content of Ministry and Central Agency Plans
a) Evaluation of the results of implementing the national target program in the year of implementation.
b) Content, tasks, activities, forecasted allocation amounts, source structure according to each activity of the following year's plan; list of investment projects (if any).
c) Organization solutions for implementation.
4. Basis and Procedure for Establishing Annual Implementation Plans for National Target Programs by Ministries, Central Agencies, and Local Levels Shall Be Carried Out According to the Prime Minister's Directive, Guidance of the Ministry of Planning and Investment, and the Ministry of Finance.
For establishing plans to implement contents and activities under national target programs involving the participation of people at the commune level, it shall be carried out in accordance with Article 8 of this Decree.
5. Allocation of Annual Implementation Plans for National Target Programs
a) The Prime Minister assigns the management agencies of the program to establish the implementation plans for national target programs in the following year, including the total amount and structure of central budget funds (development investment funds, operating expenses); objectives and indicators of each national target program in accordance with the laws on state budget and public investment.
b) Ministries, central agencies, and People's Committees at all levels in localities must complete the assignment of objectives and tasks; detailed state budget estimates annually for component projects under national target programs; structure of development investment funds, operating expenses, domestic and foreign sources of funds; list of investment projects implementing national target programs for subordinate agencies and units in accordance with the laws on state budget and public investment.
1. Requirements for Establishing Implementation Plans for National Target Programs Involving Community Participation
a) The process of establishing plans shall be conducted openly and transparently, ensuring the promotion of democracy at the grassroots level, gender equality, and the participation of authorities, representatives of mass organizations, and community residents at the commune level.
b) Community residents may propose and provide opinions on plans to implement contents, activities, and investment projects under national target programs at the commune level.
2. Content of the Plan
a) Contents, activities, list of investment projects.
b) Fund-raising capacity: support funds from the state budget, raising from community residents; other legal sources of funds (if any).
c) Implementation organization solutions, division of responsibilities among participating parties.
3. Procedure for Establishing Implementation Plans for National Target Programs Involving Community Participation
a) Based on guidance and announcements of the expected state budget funds for implementing national target programs at the district level, the People's Committee at the commune level shall widely inform the community residents at village, hamlet, ward, precinct, and equivalent levels (referred to as villages) and mass organizations, and related parties about the objectives, expected activities, forms of support, and state budget support funds for implementing national target programs at the commune level.
b) The People's Committee at the commune level shall guide Village Development Boards to convene community meetings to unify proposals for needs to implement activities under national target programs.
c) Village Development Boards shall review and consolidate community needs and submit them to the People's Committee at the commune level.
d) The People's Committee at the commune level shall convene meetings with Village Development Boards and mass organizations to discuss and unify contents and activities included in the implementation plans for national target programs at the commune level, clarifying contributions and community participation capabilities.
đ) The People's Committee at the commune level shall finalize the implementation plans for national target programs at the commune level for approval by the Commune People's Council in the commune's socio-economic development plan for the following year, and send them to the District People's Committee for consolidation.
Chapter III
RAISING AND USING FUNDS FOR IMPLEMENTATION
Chapter PROGRAM AND NATIONAL TARGETS
1. State budget capital for implementing national target programs shall be allocated in the medium-term investment plan, five-year financial plan, and balanced and arranged in the annual public investment plan and budget estimate according to each source of capital.
a) The central budget ensures balance and allocation to implement national target programs at the total level approved by the National Assembly in the investment program's policy statement, the medium-term public investment plan for the five-year period.
b) Local budgets ensure balance and allocation of counterpart capital to implement national target programs. The ratio of local budget counterpart capital for each national target program is decided by the Prime Minister.
2. Principles for allocating and transferring central budget capital to managing agencies of the programs
a) Adhere to the principles, criteria, and standards for allocating central budget capital for implementing each national target program as stipulated by the Prime Minister.
b) Be consistent with the progress of implementing the five-year plan approved by the competent authority.
c) Based on the results of achieving assigned targets and indicators, the results of mobilizing local budget counterpart capital, and the disbursement results of the current year's capital.
3. Allocation of state budget capital at the local level shall be carried out in accordance with the principles, criteria, and standards for allocating state budget capital set by the competent authority at the local level.
4. Contents guaranteed by the state budget for implementation
a) Implementing the contents, activities, and investment projects according to the Prime Minister's Decision approving the national target program investment. Prioritize investment activities, maintenance of construction works, and support for production development as specified in Chapters IV and V of this Decree.
b) Building and maintaining a monitoring and evaluation system for national target programs.
c) Activities of the Steering Committee for national target programs at the central and local levels.
5. Settlement and final accounting of state budget capital for implementing national target programs shall be conducted in accordance with the Government's regulations on management, settlement, and final accounting of projects using public investment capital, provisions of this Decree, and guidelines from the Ministry of Finance.
2. Contents of integrating sources of capital between national target programs and other programs and projects
a) Investment projects.
b) Support activities for production development under national target programs.
c) Training activities to enhance vocational skills, vocational training, capacity-building for management and implementation organization; information dissemination and propaganda about national target programs.
d) Inspection, evaluation, and deployment meetings for implementing national target programs at all levels.
đ) Other contents under national target programs (if any).
3. Procedures and processes for settlement and final accounting of integrated sources of capital shall be implemented according to the regulations of the competent authority at the local level.
a) Integrate sources of capital to implement investment projects, activities, and contents with the same objectives and in the same commune or district area.
b) Ensure that the objectives and tasks of each program and project are not altered; minimize overlap and duplication in scope, subjects, and contents; avoid dispersion and waste in capital usage.
c) The integration process must be synchronized from policy formulation, planning, allocation, budget transfer, and use, settlement, and final accounting of integrated capital.
d) Focus on integrating sources of capital to implement contents and activities in poor districts; particularly difficult communes in coastal areas and islands; communes and villages in particularly difficult areas inhabited by ethnic minorities and mountainous regions.
đ) Clearly define the mobilization and contribution ratios of each integrated program and project; unify expenditure standards for each integrated content and activity; unify procedures and processes for settlement and final accounting of integrated capital suitable to local conditions.
e) Clearly assign responsibilities among leading and coordinating agencies in implementing integration activities.
1. Mobilizing credit capital to implement national target programs
a) Maximizing the mobilization of credit capital to implement national target programs through credit policies for each subject, content within the scope of investment of each national target program. The mechanism for mobilizing credit capital shall be implemented in accordance with the Government's regulations on credit policies for implementing national target programs.
b) Based on state credit policies, the People's Committee at the provincial level shall submit to the People's Council at the same level for a decision on the scale and allocation of local budget funds to implement credit policies and provide credit support for each subject, field, content, and activity under each national target program, ensuring compatibility with the economic and social conditions of the locality and the legal provisions on the management of policy credit capital.
2. Utilizing credit capital according to the provisions of each credit policy and the legal provisions on credit activities; encouraging entrusted loans through the social policy bank system.
Article 12. Mobilizing and utilizing other lawful capital sources to implement national target programs
1. Mobilizing other lawful capital sources to implement national target programs
a) Mobilizing and attracting capital from enterprises, organizations, and individuals to implement projects supporting production and other activities as prescribed by law.
b) Mobilizing voluntary contributions from people (in cash, in kind, or labor days), enterprises, and organizations implementing national target programs, ensuring that participation in contributions must be voluntary, transparent, and accountable according to legal provisions.
2. Utilizing other legally mobilized capital to implement national target programs
a) Capital mobilized from enterprises, organizations, and individuals through investment attraction policies shall be used in accordance with the legal provisions on investment and related regulatory documents.
b) Contributions (in cash or in kind) from enterprises, organizations, and individuals shall be allocated and utilized according to the regulations of the competent authority at the local level as prescribed by the State Budget Law and related regulatory documents.
c) Voluntary contributions (in cash, in kind, or labor days) from community residents participating in implementing national target programs shall be directly managed and utilized by the community.
Chapter IV
SPECIAL MECHANISM IN ORGANIZING AND IMPLEMENTING SMALL SCALE CONSTRUCTION PROJECTS WITH SIMPLE TECHNOLOGY
FOR CONSTRUCTING SMALL SCALE WITH NON-COMPLEX TECHNOLOGY
1. Construction investment projects with small scale and simple technology organized under special mechanisms must involve the participation of the people in the process of preparing project documentation, organizing construction work, and maintaining the works. The proportion of construction investment projects implemented under special mechanisms shall be decided by the People's Council at the provincial level for each phase.
2. State budget shall support part of the capital, the remainder shall be contributed by the people and from other lawful capital sources at the local level to implement construction investment projects. For projects implemented in particularly difficult communes and villages, the state budget shall support up to 100% of the total investment cost. The amount of support for a specific project from the state budget shall be decided by the competent authority at the local level.
3. People's contributions can be in cash or in kind, labor days converted into cash; they must be included in the value of the works for tracking and managing the agreed contribution ratio; they shall not be accounted for in the state budget revenue and expenditure.
4. Prioritize the use of local labor and materials to implement construction investment projects under special mechanisms. The unit price for preparing construction project documentation shall be determined based on market prices.
5. Payment of state budget capital support for implementing construction investment projects must be based on the results of the final inspection of completed works confirmed by the People's Committee at the commune level.
Article 14. Criteria for selecting investment projects to be implemented under special mechanisms
1. Belongs to the content of national target program investment.
2. The project is located within the territory of one administrative unit at the commune level, managed by the Commune People's Committee.
3. The total investment amount of the project does not exceed five billion VND.
4. Technical aspects are not complex, with model designs, typical designs, or existing designs that have been applied at the district level.
5. Included in the list of projects eligible for special mechanisms issued by the Provincial People's Committee.
Article 15. Preparation of Simplified Construction Project Files
1. Investment construction projects implemented under special mechanisms are permitted to prepare a simplified economic-technical report on investment construction (referred to as Simplified Construction Project File).
2. Contents of the Simplified Construction Project File
a) Name of the project, investment objectives, construction location, land area used, investor, scale, implementation time.
b) Total investment amount and structure of investment capital including: State budget support funds (central budget, local budgets at all levels), contributions from residents, and other legally raised funds.
c) Construction drawings based on model designs, typical designs, or existing designs that have been applied at the district level; list of construction investment costs.
d) Anticipated self-execution capacity of residents and benefiting communities; plan for selecting contractors with community participation.
3. Preparation of Simplified Construction Project Files
a) Based on the local support investment implementation plan, guidance from competent authorities at the local level, the Commune Management Board informs the community in the village about the project and construction works to participate in the preparation of Simplified Construction Project Files.
b) The Commune Management Board prepares the Simplified Construction Project File and submits it to the Commune People's Committee for review and approval.
c) In cases where the Commune People's Committee entrusts the village to implement the construction work, the Village Development Board prepares the Simplified Construction Project File and submits it to the Commune People's Committee for review and approval.
4. In cases of difficulties in preparing the Simplified Construction Project File, the Commune People's Committee issues a document requesting the District People's Committee to assign relevant departments to dispatch specialized staff to assist in preparing the Simplified Construction Project File.
Article 16. Review of Simplified Construction Project Files and Approval of Project Investment
1. Documents submitted for review include: Simplified Construction Project File as stipulated in Clause 2, Article 15 of this Decree; minutes of community meetings; related legal documents and materials concerning construction works (if any).
2. Organization of the review of Simplified Construction Project Files
a) The Commune People's Committee is responsible for reviewing the Simplified Construction Project File. The review team consists of the Chairman of the Commune People's Committee as Team Leader, representatives of the community supervision board, commune-level officials responsible for land, agriculture, construction, and environment, finance and accounting, and experts or persons with professional qualifications selected by the community (if any).
b) In cases where the Commune People's Committee lacks the capacity to review the Simplified Construction Project File, the Commune People's Committee issues a document requesting the District People's Committee to assign relevant departments to organize the review.
3. Content of Review
a) Evaluation of the project's compliance with local construction planning, land use planning, and related plans.
b) Evaluation of the construction drawing's suitability with actual site conditions; safety level and safety assurance measures for adjacent infrastructure works, ensuring environmental protection requirements; technical feasibility and self-execution capability of the community and organizations assigned to construct.
c) Reasonableness of costs compared to market prices locally and similar ongoing or completed projects (if any).
d) Capital-raising capacity according to each source of capital, including: state budget funds compared to the medium-term plan approved by the competent authority, contributions from organizations and individuals, and other legally raised funds.
đ) Anticipated construction schedule.
4. Time for review and reporting results: The reviewing agency reports the review results in writing to the Commune People's Committee within ten working days from the date of receiving complete and valid documents.
5. Approval of project investment
a) Based on the review opinions, the Commune Management Board or Village Development Board completes the file and submits it to the Chairman of the Commune People's Committee for decision on investment project approval.
b) For new projects starting construction and allocated annual funding, the investment project approval must be completed before the detailed funding plan is assigned to the project.
Article 17. Selection of contractors for small-scale construction projects with uncomplicated technical requirements
1. The method of selecting contractors for small-scale construction projects with uncomplicated technical requirements, approved in the plan for selecting contractors, is: Community participation.
2. Principles for selecting contractors participating in community-involved construction packages
a) Community residents, mass organizations, teams, or groups of workers residing within the commune where the project is located, possessing experience and technical qualifications to organize the implementation of small-scale and uncomplicated construction packages.
b) In cases where there are no or suitable community residents, mass organizations, teams, or groups of workers on the commune level that meet the conditions to implement the package, the Commune People's Committee may expand selection to the district level.
c) In cases where there are no or suitable community residents, mass organizations, teams, or groups of workers to implement the package at the district level, the Commune People's Committee may select cooperatives to undertake the package.
3. Legitimacy of cooperatives, community residents, mass organizations, teams, or groups of workers in the locality implementing the package
a) Representatives of community residents, mass organizations, teams, or groups of workers must have full civil capacity according to the law, not be individuals currently under criminal investigation, and be trusted by the community residents, mass organizations, teams, or groups of workers to sign contracts on their behalf.
b) Cooperatives participating in the implementation of the package must have their main office located within the commune or district where the project is situated, prioritizing those with their main office in the commune where the project is located; they must provide documentation proving their capability and experience in similar investment projects; and commit to using local residents from the project-commune as direct labor for construction activities.
4. Procurement process
a) The commune management board drafts the contract including requirements regarding the scope, content of work to be performed, quality and progress targets, contract price, rights and obligations of the parties.
b) The commune management board publicly announces (for a minimum of three working days) the invitation to participate in the package at the commune People's Committee headquarters and through communal media and community activity venues. The announcement must clearly state the time for discussing the implementation plan.
c) Contractors interested in the investment project receive the draft contract for review and prepare an application to undertake the package or project including: Names, ages, capabilities, and relevant experience of participants; tender price and progress schedule.
d) The commune management board evaluates and selects the best contractor and invites representatives for negotiation and signing the contract; prioritizing cooperatives, mass organizations, teams, or groups of workers employing labor from poor households, near-poor households, newly escaped poverty households, and ethnic minority people.
đ) The maximum period from public announcement of the invitation to participate in the package to signing the contract is fifteen days.
5. In cases where the directly benefiting community has sufficient management and organizational capacity for uncomplicated technical projects with total investment below five hundred million dong, the Commune People's Committee may choose a mechanism to entrust the community to independently implement the project according to support standards set by the Provincial People's Committee.
1. Organization of construction works
a) Based on the Decision approving the project investment, the results of selecting the construction unit, and the capital allocation plan, the Commune Management Board shall enter into contracts with representatives of the community, organizations, or winning groups of workers to organize implementation.
b) In cases where the mechanism prescribed in Clause 5, Article 17 of this Decree is applied, based on the Decision approving the project investment, the Commune Management Board shall enter into a contract with the Village Development Board to organize implementation.
2. Quality management and supervision of construction works
a) The People's Committee at the commune level shall manage quality, progress, quantity, labor safety, construction environment, and investment management costs for construction works carried out under the special mechanism.
b) The Commune Management Board and the Community Supervision Board have the responsibility to supervise during the construction process.
c) The procedures for managing the quality of construction works shall be implemented according to the guidelines of the Ministry of Construction.
3. Organization of acceptance and payment, final accounts of works
a) The Commune Management Board shall organize the acceptance of works, including: representatives of the People's Committee at the commune level, the Commune Management Board; the Community Supervision Board; representatives of the community, organizations, worker groups, or cooperatives; other relevant components decided by the People's Committee at the commune level.
b) The procedures for payment and final accounts of projects and works under the special mechanism shall be implemented according to the guidelines of the Ministry of Finance.
4. Investment preparation costs and project management costs shall be implemented in accordance with the laws on construction investment.
1. Based on the regulations of the Provincial People's Committee, the Commune People's Committee shall implement the following contents:
a) Assign the Commune Management Board or the Village Development Board to directly manage the operation of construction works; the Commune Management Board shall develop a maintenance plan.
b) Decide on the maintenance plan and select the community, organizations, worker groups, or cooperatives to carry out maintenance of construction works.
2. Contents of maintenance of works
a) Inspection of quality, maintenance, and repair of works.
b) Replacement of components or equipment of works without changing their functions or scale.
3. Procedures, contents, and cost standards for implementing maintenance work shall be carried out according to the guidelines of the Ministry of Construction.
Chapter V
MECHANISM FOR IMPLEMENTING SUPPORT ACTIVITIES TO DEVELOP PRODUCTION UNDER THE NATIONAL TARGET PROGRAMME
BELONGS TO THE NATIONAL TARGET PROGRAMME
1. Support from the state budget for implementing support activities to develop production is conditional support; the support period follows the production cycle or the investment term of the national target programme.
2. Implement the mechanism of integrating funds to carry out support activities for developing production under the national target programmes as stipulated in Article 10 of this Decree.
3. Strengthen mobilization of credit capital, capital from enterprises, cooperatives, cooperative federations, organizations, and individuals.
4. Prioritize using national target programme funds to support the implementation of development production projects and plans according to value chains; projects and models implemented in poor districts, particularly difficult communes in coastal areas and islands, particularly difficult communes in ethnic minority and mountainous regions.
5. Projects and models supporting the development of production must ensure that at least 50% of participating people are beneficiaries of the national target programmes, prioritizing resources for projects and models where more than 70% of participating people are from poor households, near-poor households, newly escaped poverty households, ethnic minority households, and people with meritorious service to the revolution, poor women.
6. Settlement and final accounts of state budget funds for implementing support activities for developing production shall be based on the results of accepting completed work volumes according to annual progress or phases.
1. Conditions for support for the development of production linkages in value chains
a) The project or plan for linkage must clearly define the results in terms of employment creation indices, income increase levels, and contributions to economic and social development at the local level according to the annual plan and the end date of the project.
b) The leading unit of the linkage and the linked entities must have contracts or memorandums of cooperation regarding training, technical support, supply of materials and services, organization of production, harvesting, initial processing, processing, purchasing, and consumption of products.
c) Ensure the participation rate of people belonging to the investment target group of the national target program as stipulated in Clause 5, Article 20 of this Decree and the regulations of the competent authority at the local level.
2. The model of the application dossier for projects and plans on production and product consumption in agriculture shall be implemented in accordance with the Government's regulations on policies encouraging the development of cooperation and linkage in agricultural production and consumption. The model of the application dossier for projects and plans in other industries, trades, and fields, and the agency responsible for receiving the dossier shall be carried out in accordance with the guidance of the program's main managing agency.
3. Selection of projects and plans for linkage
a) The leading unit of the linkage prepares a proposal dossier to implement the project or plan requesting support for the development of production linkages in value chains. The contents of the proposal dossier must clearly specify: the capacity of the leading unit of the linkage; production and business plans, product consumption, service supply plans; detailed budget estimates according to the annual plan; key output indicators tied to project implementation milestones; certified copies of contracts or signed memorandums between the leading unit of the linkage and the linked entities; other contents (if any) as prescribed by the program's main managing agency.
b) The program's main managing agency, within its authority, establishes a Project and Plan Linkage Appraisal Board and the agencies, units, and departments assisting the Board.
The Board members include: the Chairman of the Board being the leader of the ministry, central agency, provincial People's Committee, or the leader of the unit directly under the ministry, central agency, or the leader of the department authorized by the provincial People's Committee; members being the leaders of the district People's Committee where the project or plan is located, representatives of state management agencies on investment, finance, industry, and specialized fields, and independent experts or other components (if necessary).
The appraisal content must clarify the fulfillment of the conditions prescribed in Clause 1 of this Article and the necessity of implementing the project or plan.
c) Based on the appraisal opinions, the Minister or the Head of the Central Agency decides or delegates the decision to approve the project or plan to the Head of the unit directly under the ministry or central agency; the Chairman of the Provincial People's Committee decides or delegates the decision to approve the project or plan to the Chairman of the District People's Committee, the Head of the department directly under the Provincial People's Committee.
d) The content of the decision on the project or plan must include: the name of the project or plan; implementation period; implementation area; total cost, structure of each source of capital (state budget, capital of the leading linkage unit, participating capital of the linked party, preferential credit capital, integrated capital for implementing policies); content and level of support from the state budget; expected results according to the fiscal year and the end date of the project or plan; participants; sanctions and mechanisms for recovering state budget support capital in case the leading linkage unit breaches commitments; and other related contents (if any).
4. Contents of support from state budget funds for implementing national target programs in accordance with the guidance of the program's main managing agency suitable for each national target program. Among which, priority is given to supporting the following contents for the linked entities:
a) Technical training in production; training in management skills, contract management capabilities, chain management, and market development.
b) Transfer and application of new science and technology, application of production and quality management processes in a synchronized manner along the chain.
c) Materials and equipment serving production, service supply, crop and livestock seeds.
d) Promotion and trade promotion for goods and services.
5. Level of support and method of support from state budget funds approved by the competent authority implementing the national target program
a) Maximum support not exceeding eighty percent (80%) of the total cost of implementing one (01) project or plan on linkage in particularly difficult areas; not exceeding seventy percent (70%) of the total cost of implementing one (01) project or plan on linkage in difficult areas; not exceeding fifty percent (50%) of the total cost of implementing one (01) project or plan on linkage in other areas within the scope of investment of national target programs. Specific levels of support for one (01) project are implemented in accordance with the guidance of the program's main managing agency.
b) State budget funds support the implementation of projects and plans on linkage through the leading linkage unit.
6. Agencies and units entrusted with capital for supporting the development of production sign contracts with the leading linkage unit to implement projects and plans on linkage; supervise, settle accounts, and disburse capital based on the acceptance results of each phase of completing the contents and activities of the project or plan on linkage according to the implementation progress decided by the competent authority.
1. Conditions for supporting community production projects and plans
a) Ensuring the participation rate of people belonging to the target investment groups of the national target program as stipulated in Clause 5, Article 20 of this Decree and the regulations of local competent authorities.
b) The community proposing a production development project must be a group of households certified by the People's Committee of the commune; a voluntary cooperative established in accordance with the law; a group of households represented by political-social organizations; a group of households represented by the Village Development Board; or a group of households represented by a person of prestige among ethnic minority communities in mountainous areas.
c) The group or community must have members with experience in being excellent in economic activities.
d) Households participating in the project must ensure material infrastructure, labor, and production means that meet the project content and commit to providing the counterpart contribution to implement the project.
2. The model of application dossier, procedures, and contents of dossier review for project proposals and production plans shall be carried out according to the guidance of the program management agency.
3. Selection of community production projects and plans
a) The community builds an application dossier for the project and plan. The dossier must include: Minutes of the people's meeting; production and business plans, product consumption plans; total project costs, request for state budget support, contributions from group members; project implementation results; circulation forms, management methods of physical assets or circulating funds within the community (if applicable); responsibility of the People's Committee of the commune for managing physical assets or circulating funds; training and training needs on technical skills; other contents (if applicable) as prescribed by local competent authorities.
b) The People's Committee of the district establishes a Dossier Review Team for project and plan proposals and decides on units or departments to assist the Review Team. The Review Team consists of: The Team Leader is a leader of the People's Committee of the district; members are leaders of the People's Committee of the commune where the community's project and plan are located; leaders of specialized departments under the People's Committee of the district; experts or persons with professional qualifications and experience in implementing support activities for production development selected by the community (if applicable).
c) Based on the review opinions, the Chairman of the People's Committee of the district decides or delegates the Chairman of the People's Committee of the commune, the Heads of departments under the People's Committee of the district to decide on approving the community's proposed production development project.
d) The content of the decision on the project and plan for production development support must include: Project and plan name; implementation period; implementation area; project participants; project activities; project cost estimate; funding sources (state budget support, preferential credit loans, integrated funds for implementing policies, and counterpart contributions from participating households); circulation form and level (if applicable); expected effectiveness and outcomes of the project and plan; responsibilities of each main and coordinating agencies; sanctions for breach of commitments (if applicable).
4. Contents of support from state budget funds for implementing the national target program according to the guidance of the program management agency, suitable for each national target program. Among which, priority is given to the following contents:
a) Training technical skills based on the needs of group members, enhancing management and operation capabilities of the group.
b) Production materials, equipment, service supply, crop and livestock seeds.
c) Promoting and marketing products and services; tracing origin and labeling products.
5. Level of support and method of support from state budget funds approved by the competent authority implementing the national target program
a) Maximum support not exceeding ninety-five percent (95%) of the total implementation cost of one (01) project in particularly difficult areas; not exceeding eighty percent (80%) of the total implementation cost of one (01) project in difficult areas; not exceeding sixty percent (60%) of the total cost of one (01) project in other areas within the scope of investment of national target programs. Specific support levels for one (01) project are implemented according to the guidance of the program management agency.
b) State budget funds support for implementing projects and plans through representatives chosen by the community.
6. Agencies and units entrusted with capital for supporting production development activities sign contracts with community group representatives; guide, supervise, settle accounts, and disburse funds based on the acceptance results of each phase of project and plan activities completed according to the implementation schedule decided by the competent authority.
7. Implementing a mechanism for circulating a portion of the support capital in the form of money or physical assets within the community according to each approved community production development support project and plan.
a) The community manages and organizes the circulation of capital within the community. In cases where the community lacks management capacity, agencies and units entrusted with capital for supporting production development assign staff to assist the community in managing and organizing circulation.
b) Agencies and units entrusted with project and plan budgets settle state budget expenditures for community production development support activities according to actual payments and recorded state budget expenditures of the project in accordance with the State Budget Law.
c) The People's Committee of the province stipulates the circulation ratio, circulation procedures, monitoring processes of agencies and units entrusted with capital for supporting production development activities, and other contents related to community circulation management.
d) In case the project concludes and the participants no longer have a need to use funds in cash or in kind for circulation, reinvestment, or expansion of production scale, the agency or unit responsible for implementing the development support activities shall decide to recover the cash funds or sell the in-kind assets and deposit the proceeds into the account opened at the State Treasury for the use of supporting new projects or plans approved by the competent authority (if applicable), or transfer the funds to the state budget as prescribed.
2. The procedures, formalities, and contents of development support according to tasks shall be carried out in accordance with the Government's regulations on assigning tasks, placing orders, or tendering for the provision of public goods and services funded by the state budget from regular expenditure.
3. The level of support and methods of support from state budget funds for implementing national target programs
a) Supporting up to three billion VND for the implementation of one (01) project. Encouraging the entity placing the order, households, and communities participating in the project to contribute matching funds (in cash, labor days, or in kind).
b) The state budget supports through the entity assigned the task or receiving the order.
4. The ordering agency or the task assignment agency signs a procurement contract with the entity receiving the order or decides to assign the task to the entity receiving the task; guides, supervises, pays, and disburses funds based on the results of the acceptance of each phase of completing the content and activities according to the progress approved by the competent authority.
a) Having considered the possibility of applying the forms of support as stipulated in Articles 21 and 22 but unable to mobilize the participation of enterprises, cooperatives, other organizations, or there are no proposals from the community; or projects supporting people heavily affected by natural disasters, epidemics, climate change, environmental pollution; projects and models for disadvantaged groups; production support linked to consolidating national defense and security, gender equality; models applying new technology and production techniques.
b) At least seventy percent of the state budget support funds must be used to support production development activities directly related to the production activities of the people.
Article 24. Special Development Support
1. Conditions for Implementing Special Development Support
a) New projects or models for production development for piloting the implementation of scientific research and production innovation before widespread application; or projects and models for production development linked to economic development with national defense, security, environmental protection, and adaptation to climate change.
b) Projects or models for production development that are not suitable for applying the forms of support as stipulated in Articles 21, 22, and 23 of this Decree.
2. Ministries and central agencies allocated funds for implementing production support activities shall build and approve projects or models consistent with the objectives, tasks, and content of sub-projects according to the decision approving the investment in the national target program.
3. The state budget shall ensure the costs for implementing projects or models consistent with the objectives and tasks decided by the Prime Minister's approval of the investment in the program. Ministries and central agencies shall organize the implementation of projects or models and disburse funds based on the results of the acceptance of projects or models according to the approved objectives and tasks.
Chapter VI
ORGANIZATION OF MANAGING NATIONAL TARGET PROGRAMS
FOR TOURISM IN 1999 AND 2000
Article 25. Management and operation of national target programs at the central level
1. The Ministry of Planning and Investment shall uniformly manage and comprehensively coordinate national target programs under state administration.
2. The program sponsor and component project sponsor shall manage the program and component projects according to the Prime Minister's decision.
3. The Central Steering Committee for National Target Programs shall be established and operate according to the decision of the competent authority, ensuring efficiency and not increasing staffing levels.
Article 26. Management and operation of national target programs at the local level
1. The People's Committees of provinces shall direct the management and operation of national target programs within their jurisdiction.
2. Local-level Steering Committees for National Target Programs shall be established and operate according to the decision of the competent authority, ensuring efficiency and not increasing staffing levels.
4. Village Development Boards (referred to collectively as Village Development Boards) shall be elected by the community and operate according to regulations agreed upon by the community and recognized by the Commune People's Committee. The Village Development Board must have at least one member who is reputable and experienced in organizing small-scale construction works with simple technology.
Article 27. Enhancing the capacity of organizational management and implementation of national target programs
1. Requirements for enhancing the capacity of organizational management and implementation of national target programs
a) Strengthening decentralization and delegation; clearly assigning tasks related to the contents and activities of national target programs to enhance the management and implementation capabilities of cadres, civil servants, public officials, and staff at all levels; promoting the self-execution capacity of community residents.
b) Integrating capacity-building activities for cadres, civil servants, public officials, and staff at all levels, and community residents at the grassroots level.
c) Developing capacity-enhancement content for managing and implementing national target programs that are appropriate to the cultural characteristics, customs, and traditions of each ethnic group and region, and linked to improving organizational implementation skills and evaluating outcomes.
2. Activities to enhance the capacity of organizational management and implementation of national target programs
a) Implementing and supervising the implementation of regulations on assignment, decentralization, and delegation in planning and investment management under special mechanisms, and support for production development as stipulated in this Decree.
b) Developing curricula, training materials; organizing training and capacity building for cadres, civil servants, public officials, and staff directly involved in managing and implementing national target programs.
c) Organizing training for community residents on management procedures and technical skills for activities under national target programs, and community monitoring skills for national target programs.
Article 28. Communication and propaganda for national target programs
1. Requirements for implementing communication and propaganda activities for national target programs
a) Designing communication and propaganda content about national target programs to suit cultural characteristics, customs, and the reception capacity of each group of subjects in different areas.
b) Diversifying communication and propaganda methods; prioritizing community participation in communication and propaganda activities at the grassroots level.
c) Integrating content in communication and propaganda activities related to national target programs to ensure economy, effectiveness, avoiding duplication and waste.
2. Activities for communication and propaganda about national target programs
a) Developing plans and designing communication and propaganda content about national target programs.
b) Implementing communication and propaganda on laws and guiding documents related to national target programs.
c) Implementing communication and propaganda on exemplary practices, outstanding models, achievements, difficulties, and issues arising in the management and implementation of national target programs.
d) Conducting policy dialogue activities within national target programs.
đ) Organizing journalism contests to promote national target programs.
3. Forms of communication and propaganda
a) Publishing special sections, print media, digital products, and other forms of propaganda (if applicable).
b) Community activities.
c) Through influential people and model farmers.
Article 29. Disclosure of information about national target programs
1. The program manager, component project manager, managing agency of the program, agencies, units, and subordinate levels shall disclose information about national target programs according to their functions and responsibilities.
2. Contents of information disclosure about national target programs include:
a) Management and operational documents, organization and implementation of national target programs; investment decisions for national target programs in each phase; criteria and allocation standards for program funds.
b) Implementation plans for the five-year and annual phases at each level; list of investment projects in the area; situation of resource mobilization and other sources of funding.
c) Reports on the results of implementing national target programs; financial reports as prescribed (including: final accounts of fund usage, volume of work completed, and disbursement results of investment projects).
d) Results of inspections, audits, and handling of violations, corruption cases involving officials and civil servants involved in the management, operation, and implementation of national target programs.
đ) Feedback from the public and results of feedback handling.
3. Forms and deadlines for disclosing information about national target programs shall be carried out in accordance with the provisions of the Law on Access to Information.
Chapter VII
SUPERVISION AND EVALUATION OF NATIONAL TARGET PROGRAMS
Article 30. Supervision of national target programs
1. Responsibilities, procedures, and methods for supervising national target programs shall be implemented in accordance with Article 71 of the Investment Law and the Government's regulations on supervision and evaluation of investment.
2. Content of supervision by the program manager
a) Monitoring and inspecting the management and implementation of the program: Establishing a system of management documents, organizing the implementation of the program; developing five-year implementation plans and annual plans; implementing and adjusting the program deployment plan; communication, enhancing program management capacity, and component project management.
b) Monitoring and inspecting the implementation of the program: Progress, extent, and results of achieving goals and tasks; volume of work and activities under the program.
c) Monitoring and inspecting the implementation of capital investment plans and state budget estimates: Mobilizing and using funds for program implementation, component project implementation; situation of state budget fund usage in implementing investment projects, contents, and activities under the program, component projects (disbursement, settlement, final accounts, construction basic capital arrears if any).
d) Monitoring and inspecting the organizational implementation capacity, compliance with program management regulations, investment management measures, and handling of violations discovered by competent authorities (if any) of component project managers and program managing agencies.
đ) Monitoring and inspecting compliance with monitoring and evaluation systems of component project managers and program managing agencies.
e) Reporting on program implementation results, handling of difficulties and issues within authority, and proposing solutions for handling difficulties, issues beyond authority.
3. Content of supervision by component project managers
a) Monitoring and inspecting contents such as: Building guidance documents for implementing component projects according to the hierarchy; communication work, enhancing management capacity, and implementing content and activities of component projects.
b) Monitoring and inspecting the results of achieving goals, tasks, content, and activities of component projects.
c) Monitoring and inspecting compliance with investment management regulations, state budget management, project management capacity, and handling of issues discovered by competent authorities (if any) of program managing agencies.
d) Monitoring contents such as: Summarizing the implementation situation of component projects; preparing, reviewing, approving, and implementing investment projects; implementing state budget capital plans, disbursement results; difficulties, issues arising and their resolution.
đ) Reporting on the implementation situation of component projects; handling of difficulties and issues within authority, and proposing solutions for handling difficulties, issues beyond authority.
4. Content of supervision by program managing agencies and investment decision-making authorities for national target programs shall be implemented in accordance with Article 71 of the Investment Law and the Government's regulations on supervision and evaluation of investment.
5. Content of supervision by state agencies responsible for public investment management.
a) Monitor the implementation of the reporting, supervision, and evaluation system of the program owner, sub-project owner, and the managing agency of the program as prescribed.
b) Aggregate the implementation status of national target programs: progress towards each program's objectives; execution of the national target program capital plan (investment capital, operating expenses), disbursement; difficulties and issues arising, and resolution of such issues.
c) Supervise and inspect compliance with regulations in management, organization of implementation, preparation, review, and decision-making on investment projects within the program by the program owner, sub-project owner, managing agency, and directly implementing agencies at various levels.
d) Monitor and inspect the handling and compliance with measures to address discovered issues by relevant agencies and units.
đ) Report and propose solutions for difficulties, issues, and matters exceeding authority.
6. Costs for implementing the monitoring activities of the national target program by the program owner, sub-project owner, managing agency, and state agencies responsible for public investment shall be allocated in the annual budget of operating funds from the national target program capital.
Article 31. Content of Evaluation of National Target Programs
1. Responsibilities, procedures, and methods for conducting evaluations of national target programs shall be carried out according to the provisions of Article 72 of the Public Investment Law and the Government's regulations on supervision and evaluation of investments.
2. Annual evaluation content of national target programs
a) Evaluation of program management work during the year includes: Results of policy development and program implementation organization; coordination and cooperation in management and implementation; communication, information dissemination, monitoring, supervision, and evaluation activities; compliance with oversight systems by representative bodies.
b) Situation of mobilization, allocation, and utilization of capital sources.
c) Degree of achievement of results against annual and five-year phase targets set by competent authorities.
d) Existing issues and emerging problems and their causes.
đ) Directions and solutions for the following year.
3. Mid-term evaluation content of national target programs
a) Evaluation of program management work, including: Results of policy development and program implementation organization; management and coordination in program implementation; communication, information dissemination, monitoring, supervision, and evaluation activities; compliance with oversight systems by representative bodies.
b) Situation of mobilization, allocation, and utilization of capital sources.
c) Achievement of program objectives and tasks, including: The appropriateness of program outcomes compared to approved program objectives; degree of completion of program objectives and tasks up to the evaluation point relative to the five-year phase plan.
d) Existing limitations and causes.
đ) Proposals for solutions to implement the program from the evaluation point to the final year of the five-year phase, including proposals to adjust the program (if necessary).
4. End-of-program evaluation and impact assessment content of national target programs
a) Evaluation of program management work, including: Results of developing the management policy system and program implementation organization; management and coordination in program implementation; communication, information dissemination, monitoring, supervision, and evaluation activities; compliance with oversight systems by representative bodies.
b) Evaluation of capital mobilization, allocation, and utilization results.
c) Evaluation of the achievement of specific program goals, indicators, and tasks compared to approved program objectives.
d) Assessment of the program's impact and investment effectiveness on economic and social development; sustainability of the program; gender equality; environment and ecology (if applicable).
đ) Lessons learned from the program implementation process and recommendations for maintaining achieved results; measures to mitigate negative social and environmental impacts (if applicable).
5. Content of unscheduled evaluations of national target programs
a) Content stipulated in Clause 1 of this Article.
b) Identify unexpected occurrences (if any), reasons for unexpected occurrences, and responsibilities of related agencies, organizations, and individuals; impact of unexpected occurrences on program implementation and the ability to achieve program objectives.
6. Costs for implementing program evaluation activities by the program owner, sub-project owner, managing agency, and state agencies responsible for public investment shall be allocated in the annual budget of operating funds from the national target program capital.
Article 32. Establishing indicators, forms, and monitoring and evaluation systems for national target programs
1. Establishing indicators and forms for monitoring and evaluating national target programs
a) Indicators and forms for monitoring and evaluating national target programs include: Input and output targets, assessment indicators of implementation situations, results, impact assessments; information collection forms.
b) The program leader shall establish indicators and forms for monitoring and evaluating national target programs no later than 60 working days from the date the Prime Minister decides to invest in the program.
c) The component project leader shall establish indicators and forms for monitoring and evaluating component projects and coordinate with the program leader to unify common indicators for national target programs.
2. Establishing the Monitoring and Evaluation System for National Target Programs (referred to as the System)
a) The System is established at the Ministry of Planning and Investment based on data interconnection between the information system and the national database on public investment and other management systems for national target programs to update, integrate, and store monitoring and evaluation information for national target programs nationwide.
b) The Ministry of Planning and Investment shall establish data standards for interconnecting with the management systems of the program leaders; compile statistics and implement reporting procedures on the implementation of national target programs on the System; manage and operate the System.
c) The program leader shall build the national target program management system according to assigned tasks and interconnect data with the System's database.
d) The component project leader is responsible for updating information on the national target program management system of the program leader.
đ) The managing agency shall direct specialized agencies to enter indicator and form data for monitoring and evaluating national target programs according to the Prime Minister's regulations.
3. Reports on monitoring and evaluating national target programs
a) The Ministry of Planning and Investment shall prepare reports for the Government to submit to the National Assembly on mid-term, extraordinary, and five-year phase completion evaluations of national target programs within the required deadlines by competent authorities.
b) The program leader shall prepare reports: Annual reports to the National Assembly on the implementation of national target programs before October of each year; mid-term, extraordinary, and five-year phase completion evaluation reports on the implementation of national target programs within the required deadlines by competent authorities.
c) The component project leader shall cooperate with the program leader to prepare reports: Annual reports on the implementation of component projects; mid-term, extraordinary, and five-year phase completion evaluation reports on the implementation of component projects.
d) The managing agency of national target programs shall prepare reports: Annual reports on the implementation of national target programs; mid-term, phase, extraordinary, or five-year phase completion evaluation reports on the implementation of national target programs within the required deadlines by competent authorities.
đ) Agencies and units at all levels directly implementing national target programs shall prepare reports on the implementation of national target programs according to the guidance of the managing agency.
e) Monitoring and evaluation reports on national target programs shall be prepared on the System. In cases where paper-based data and System data differ, the information on the System shall serve as the basis for compilation and reporting.
4. Using data on the information system must comply with management requirements for national target programs, management requirements for digital provision, analysis, synthesis of reports, and sharing of information in accordance with legal provisions on sharing digital data, cybersecurity, and network security.
5. Costs for building, upgrading, managing, operating, deploying, and updating reports for the System and other national target program management systems shall be allocated from annual monitoring and evaluation costs for national target programs, not exceeding 10% of the total management cost for programs and projects as prescribed.
Article 33. Community Supervision of National Target Programs
1. National target programs are subject to community supervision. The Vietnam Fatherland Front Committee at all levels shall take the lead in organizing community supervision of national target programs.
2. Contents of community supervision of national target programs
a) Compliance with legal provisions on management, operation, and implementation of national target programs; legal provisions on management and use of investment capital, state budget management.
b) Investment projects implementing national target programs.
c) Planning and organization of implementation of plans, progress in implementing the contents, activities, and tasks of each national target program.
d) Implementation of transparency in public investment management and state budget management according to Article 14 of the Public Investment Law and Article 15 of the State Budget Law.
đ) Identifying actions that harm community interests; negative impacts of projects on the living environment of the community; actions causing waste and loss of funds and assets of the program.
e) Organizing the collection of community residents' opinions on the implementation process and organization of each national target program.
3. Procedures, formalities, processes, and systems for community supervision shall be carried out in accordance with the Public Investment Law and government regulations on supervision and evaluation of investments.
4. Costs supporting the implementation of community supervision of national target programs shall be implemented in accordance with government regulations on supervision and evaluation costs.
Chapter VIII
IMPLEMENTATION
1. Proposing the issuance of general regulations on managing national target programs and guiding their implementation within its authority; guiding the management and use of investment capital for implementing national target programs.
2. Proposing the allocation of development investment funds from the central budget for each national target program over a five-year period and annually.
3. Compiling the plan for allocating development investment funds from the central budget; compiling and submitting to the competent authority the objectives, tasks, and plans for allocating and assigning central budget funds to support the implementation of national target programs over a five-year period and annually.
4. Drafting and proposing the Prime Minister to issue regulations on the principles of establishing a set of indices, forms, and cooperation and responsibility mechanisms for data collection, storage, and reporting systems in supervising and evaluating national target programs.
5. Establishing the System for Monitoring and Evaluating National Target Programs as stipulated in Article 32 of this Decree.
6. Implementing supervision of national target programs as prescribed in Article 30 of this Decree.
7. Implementing monitoring and evaluation reports on national target programs as prescribed in Article 32 of this Decree.
Article 35. Responsibilities of the Ministry of Finance
1. Guiding the management and use of operating expenses for the implementation of the contents, activities, and projects according to the decisions of the competent authority and the provisions of this Decree.
3. Organizing regular and spot checks on the use of funds for national target programs by the program's main management agency, agencies, units, and subordinate agencies of the program's main management agency; monitoring, compiling, and reporting to the Government the results of disbursing state budget funds for implementing national target programs within its authority.
1. Develop and submit to the Prime Minister for issuance principles, criteria, and allocation standards for capital and funding support from the central budget for each activity of the national target program; the matching ratio from local budgets participating in implementing the national target program.
2. Issue within their authority or develop and submit to competent authorities for issuance regulations and guidelines on organizing the implementation of the national target program.
3. Develop monitoring and evaluation indicators and forms for the national target program in accordance with Article 32 of this Decree, no later than 60 working days from the date the competent authority decides to invest in the program.
4. Develop and improve the National Target Program Management System in accordance with Article 32 of this Decree; establish data interconnection with the System in accordance with the guidance of the Ministry of Planning and Investment.
5. Implement monitoring of the national target program in accordance with Article 30 of this Decree.
6. Implement reporting and evaluating the national target program in accordance with Article 32 of this Decree.
Article 37. Responsibilities of the Component Project Manager
2. Issue within their authority or develop and submit to competent authorities for issuance business regulations and guidelines for implementing the component project.
3. Coordinate with the program manager to determine monitoring and evaluation indicators and forms for the component project in accordance with Article 32 of this Decree; urge, monitor, and inspect the updating of these indicators and forms in accordance with Article 32 of this Decree.
4. Implement monitoring of the component project in accordance with Article 30 of this Decree.
5. Implement reporting and evaluating the national target program in accordance with Article 32 of this Decree.
The Ministry of Construction is responsible for guiding procedures and processes for managing construction quality, contents, and cost standards for maintenance work carried out under the special mechanism stipulated in Article 19 of this Decree.
Article 39. Responsibilities of Central Ministries and Agencies that are the Managers of Programs
1. Develop activity plans and propose funding requirements for the five-year and annual periods, and submit them to the program manager and component project manager in accordance with Articles 5 and 7 of this Decree.
3. Implement monitoring of the national target program in accordance with Article 30 of this Decree.
4. Implement reporting and evaluating the national target program in accordance with Article 32 of this Decree.
1. Develop and submit to the Provincial People's Council for decision:
a) The matching capital level from the local budget; principles, criteria, and allocation standards for state budget capital for implementing national target programs at the locality.
b) Mechanisms for integrating funds between national target programs, between national target programs and other programs and projects on the territory in accordance with Article 10 of this Decree.
c) Mechanisms for mobilizing other resources as stipulated in Articles 11 and 12 of this Decree.
d) Support contents, sample application forms, procedures, and processes for selecting projects, plans, production schemes, and ordering units in implementing support activities for production development as stipulated in Articles 21, 22, and 23 of this Decree.
2. Specify分级任务的原因是确保每个部分都能准确无误地翻译,并且保持了原文的结构和格式。以下是直接翻译的内容,没有进行任何解释或合并:
2. Regulations on分级管理、组织实施本行政区域内各国家目标计划,按照本条例的规定。
3. Establish, approve, and assign implementation plans for national target programs for the five-year period in accordance with Article 6 of this Decree; prepare and assign implementation plans for national target programs annually in accordance with Article 7 of this Decree.
4. Issue regulations on organizing the implementation of investment construction management under the special mechanism stipulated in Chapter IV of this Decree:
a) Develop, seek opinions from central ministries and agencies managing sectors and fields, and issue lists of projects applying the special mechanism stipulated in Article 14 of this Decree; decide or authorize the People's Committee of the district or specialized agencies under the provincial People's Committee to decide on design models, typical designs, and the application of ready-made designs for projects stipulated in Article 14 of this Decree.
b) Decide on investment preparation costs and project management costs.
c) Specify the management and settlement of state budget capital allocated for communities to implement construction works according to support standards (in kind or in cash).
d) Specify the management and operation of works; maintenance procedures and maintenance costs for works.
5. Specify mechanisms for recycling part of financial or material support to circulate within the community in accordance with Clause 6, Article 22 of this Decree.
6. Direct implementation, organize supervision and evaluation of national target programs in the administrative region in accordance with Article 30 of this Decree.
Article 41. Effective Date
1. This Decree takes effect from the date of issuance.
2. Repeal Decision No. 41/2016/QĐ-TTg dated October 10, 2016, of the Government Chairman issuing the management and operation mechanism for implementing national target programs; Decree No. 161/2016/NĐ-CP dated December 2, 2016, of the Government stipulating the special mechanism in investment construction management for some projects under national target programs during the 2016-2020 period.
3. Provisions in Chapters IV and V of this Decree shall be effective in managing and organizing the implementation of each national target program according to the time frame approved by the National Assembly.
4. Not apply the special mechanism stipulated in Chapter IV of this Decree in implementing investment construction projects in the electricity supply sector and distribution networks.
5. As for other contents related to state management of public investment, state budget, project management for construction investment, and other contents not specified in this Decree, they shall be implemented in accordance with the provisions of specialized laws.
Article 42. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under central cities, and relevant organizations and individuals are responsible for implementing this Decree.
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Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, agencies equivalent to ministries, and agencies under the Government; - Provincial People's Councils, People's Committees; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Agency; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Mass Organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, QHDP (3b) |
PRIME MINISTER DEPUTY PRIME MINISTER (Signed) Pham Binh Minh |
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