Decision No. 38/2000/QĐ-TTg Amending and supplementing some articles of Decision No. 531/TTg dated August 8, 1996 of the Government on managing National Target Programs.

Pursuant to …;

Amending and supplementing certain provisionsof Decision No. 531/TTg dated August 8, 1996 ofthe Government on managing National Target Programs

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PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decision No. 531/TTg dated August 8, 1996;

Pursuant to Decision No. 05/1998/QĐ-TTg dated January 14, 1998;

At the proposal of the Minister of Planning and Investment, the Minister of Finance.

DECISION:

Article 1. Amending and supplementing certain provisions of Decision No. 531/TTg dated August 8, 1996 of the Government on managing National Target Programs as follows:

1. Clause 3 of Article 6 shall be amended to become Clause 3 of Article 6 as follows:

Determining the total capital of the Program, including the amount of contingency funds for spending on scientific and technological tasks directly serving the Program and unexpected tasks arising during the implementation of the Program; among which, the capital is allocated annually and the direction of mobilizing various sources of capital is specified.

2. Article 13 shall be amended to become Article 13 as follows:

- Annually, the budget for implementing the National Target Programs is balanced within the central government's budget estimate. The Ministry of Finance directly allocates to ministries and central agencies to implement the tasks managed centrally by the central government and supplements with targeted funding for provinces and centrally-administered cities to implement the tasks managed locally (excluding the portion of capital for job creation loans under the National Target Program on employment until 2000, which is implemented through the State Treasury system). The management and settlement of expenditures for the National Target Programs shall be carried out according to the provisions of the State Budget Law and guiding documents thereof;

- Regularly every quarter and annually, ministries, central agencies, and provinces, centrally-administered cities report the results of implementing the National Target Programs in the year (including the volume, tasks, and expenditure already implemented in the period) to the Program management agency, the Ministry of Planning and Investment, and the Ministry of Finance.

3. Article 17 shall be amended to become Article 17 as follows:

Tasks of the National Target Program management agency:

- Taking the lead and coordinating with relevant ministries, central agencies, and provinces, centrally-administered cities to organize the development of Programs and projects according to the tasks assigned by the Government and submit them to the Ministry of Planning and Investment and the Ministry of Finance for review and submission to the Prime Minister for approval.

- Establishing the Steering Committee of the National Target Program to assist the head of the Program management agency in organizing the implementation of the Program and dissolving the Steering Committee when the National Target Program ends. The Chairperson of the Program is a leader from a ministry or central agency; members include representatives with authority from planning, finance departments, and other related departments. The operational regulations of the Steering Committee of the National Target Program are decided by the Program management agency based on compliance with the provisions of this Decision. The operating expenses of the Steering Committee are arranged within the regular operating budget of the Program management agency but are set aside as a separate item for implementation;

- For National Target Programs of special importance that require participation of representatives from ministries and central agencies in the Steering Committee, the composition of the Steering Committee and its operational regulations are decided by the Prime Minister;

- Annually, the Program management agency is responsible for preparing target plans and financial requirements for implementing the Program and submitting them to the Ministry of Planning and Investment and the Ministry of Finance for consolidation and submission to the Government. Based on the approved total financial amount of the Program, the Program management agency leads the allocation to ministries, central agencies, and provinces, centrally-administered cities in accordance with the approved targets and tasks, and submits them to the Ministry of Planning and Investment and the Ministry of Finance for consolidation and submission to the Prime Minister for decision;

- Coordinating with functional agencies to manage the Program's capital in accordance with established regulations;

- Being responsible for settling the financial accounts of the National Target Programs directly managed by ministries and central agencies. Regularly every quarter and annually, it compiles the situation of implementing the National Target Programs by ministries, central agencies, and provinces, centrally-administered cities to report to the Prime Minister, and copies to the Ministry of Planning and Investment and the Ministry of Finance;

- Leading and coordinating with functional agencies to develop policies and guide procedures for ministries, central agencies, and provinces, centrally-administered cities to have a basis for implementation;

- Directing, urging, inspecting, and evaluating the implementation of the National Target Programs by ministries, central agencies, and provinces, centrally-administered cities.

4. Article 18 shall be amended to become Article 18 as follows:

Provincial People's Committees have the following responsibilities:

- Implementing the tasks prescribed in Point b, Clause 2, Article 2 of Decision No. 05/1998/QĐ-TTg dated January 14, 1998 of the Government on managing National Target Programs;

- Establishing the Steering Committee for National Target Programs at the provincial level to assist the provincial People's Committee in planning, integrating, and organizing the implementation of National Target Programs in their jurisdiction. The Chairman of the Steering Committee is a leader from the provincial People's Committee. The Standing Office of the Steering Committee is the Department of Planning and Investment, and members are representatives from leaders of related Departments, Bureaus, and Agencies. Each province or centrally-administered city only establishes one Steering Committee to oversee all National Target Programs implemented in their jurisdiction. The operating expenses of the Steering Committee are guaranteed by the local budget.

Article 2. Allocation of plan indicators for National Target Programs:

- The Prime Minister assigns the ministers, heads of central agencies, and chairpersons of provincial and municipal people's committees under direct central jurisdiction to allocate the total budget for all National Target Programs, including construction investment funds and operating funds;

- The Prime Minister authorizes the Minister of Planning and Investment to assign the ministries, central agencies, and provincial and municipal people's committees under direct central jurisdiction guiding indicators for each Program's objectives and tasks to be implemented within their respective jurisdictions;

- Based on the overall budget estimate and the objectives of the National Target Programs and other Programs implemented under the National Target Program mechanism, the provincial and municipal people's committees under direct central jurisdiction shall proactively integrate these Programs within their areas, allocate funding levels for each objective, and submit their allocation plans to the Ministry of Planning and Investment, the Ministry of Finance, and the Program management agency for monitoring and inspection. The Ministry of Finance will base its disbursement and settlement on the plans registered by localities;

- The Program management agencies provide guidance on specialized tasks and coordinate with the Ministry of Finance to provide expenditure standards so that provinces and cities can implement them independently; they shall not allocate plans or announce Program budgets to sectoral agencies at the provincial and municipal levels;

Article 3. This Decision takes effect from January 1, 2000;

The objectives of the old national Programs specified in Circular No. 04/CP-VX dated January 4, 1999, and Decision No. 19/1998/QĐ-TTg dated January 24, 1998 of the Prime Minister shall continue to be implemented under this financial mechanism until the end of 2000. From 2001, the ministries, central agencies, and provincial and municipal people's committees under direct central jurisdiction shall allocate annual regular funding to implement these Programs.

Article 4. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees and municipal People's Committees directly under the Central Government are responsible for enforcing this Decision./.