This Decision stipulates the responsibilities of the relevant parties in implementing national target programs, including the Prime Minister, the managing agency, the leading agency of component projects, and provincial People's Committees. It also addresses planning, budget utilization, inspection, reporting, and evaluating the effectiveness of national target programs.
적용 범위
Ministries, central agencies, localities, and related organizations participate in implementing national target programs.
핵심 사항
- The responsibility of the Prime Minister for issuing principles and criteria for allocating funds.
- The function of the managing agency in guiding the development of plans and policies to implement activities.
- The authority of provincial People's Committees to approve implementation plans for national target programs within their jurisdiction.
- Requirements for effective budget utilization, preventing loss, and conducting payment and settlement according to financial regulations.
- Reporting and evaluation systems for the effectiveness of national target programs.
🌐 이 문서의 사회적 영향
- Strengthening state management over the implementation of national target programs.
- Ensuring effective budget utilization and preventing loss.
- Improving the quality and effectiveness of national target programs.
❓ 자주 묻는 질문
Who is responsible for issuing principles and criteria for allocating funds?
The Prime Minister is responsible for this.
What rights does the provincial People's Committee have in implementing national target programs?
Provincial People's Committees have the right to approve plans, allocate funds, and direct the implementation of national target programs within their jurisdiction.
전문
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PRIME MINISTER |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 41/2016/QĐ-TTg |
Hanoi, October 10, 2016 |
Pursuant to …;
ISSUING REGULATIONS ON MANAGEMENT AND IMPLEMENTATION OF NATIONAL TARGET PROGRAMS
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Public Investment dated June 18, 2014;
Pursuant to the State Budget Law dated June 26, 2015;
At the proposal of the Minister of Planning and Investment;
The Prime Minister issues these Regulations on management and implementation of national target programs.
Article 1
.These Regulations are promulgated together with this Decision.
Article 2
.This Decision takes effect from November 25, 2016
.Decision No. 135/2009/QĐ-TTg dated November 4, 2009 of the Prime Minister on regulations on management and implementation of national target programs shall cease to be effective from the date this Decision takes effect.
Article 3
.Ministers, Heads of ministerial-level agencies, Heads of government agencies, Heads of relevant central agencies, Chairpersons of provincial People's Committees under the Central Government are responsible for implementing this Decision./.
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PRIME MINISTER |
REGULATIONS
MANAGEMENT AND IMPLEMENTATION OF NATIONAL TARGET PROGRAMS
(Issued together with Decision No. 41/2016/QĐ-TTg dated October 10, 2016 of the Prime Minister)
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
These Regulations provide for planning; mobilizing, allocating and using funds; organization and coordination; monitoring, inspection and evaluation in the management and implementation of national target programs.
Article 2. Applicability
Agencies, organizations and individuals related to the management and implementation of national target programs.
Article 3. Principles of management and implementation of national target programs
1. Compliance with laws on public investment, state budget and other relevant regulatory legal documents.
2. Strengthening the effectiveness of state management; responsibilities of ministries, sectors and local levels; role of community oversight in the management and implementation of national target programs.
3. Ensuring transparency in the management and implementation of national target programs; encouraging mobilization of social resources to implement national target programs.
4. Ensuring close and regular coordination among ministries, sectors, localities and relevant agencies in the management and implementation of national target programs.
5. Promoting the role of subjects and contributions of communities in the process of planning and organizing the implementation of national target programs.
Chapter II
PLAN FOR IMPLEMENTATION OF NATIONAL TARGET PROGRAMS
Article 4. Development of plans for the implementation of national target programs over a five-year period
1. Plans for the implementation of national target programs over a five-year period by ministries, central agencies and localities are developed within a five-year timeframe, along with socio-economic development plans to organize the implementation of national target programs.
2. Basis for developing plans
a) Resolutions on investment policies for national target programs by the National Assembly; Decisions on investment in national target programs by the Prime Minister.
b) Guidelines for developing socio-economic development plans, medium-term public investment plans by the Ministry of Planning and Investment; guidelines for developing state budget financial plans by the Ministry of Finance; guidelines for developing content, objectives, tasks of national target programs by program sponsors and project lead agencies.
c) Decisions of the Prime Minister on principles, criteria and allocation standards for central budget funds to implement national target programs.
3. Content of the plan
a) Forecasted objectives and indicators for the five-year period; specific tasks according to each component project to achieve the objectives.
b) Forecasted resources for implementing national target programs, including: state budget (central budget and local budget); integrated capital from other programs and projects; borrowed capital; other mobilized capital.
c) Specific solutions for implementing national target programs, including: resource mobilization solutions; management and organizational implementation solutions.
4. Procedure for developing plans
a) Within ten working days from the date the Prime Minister decides to invest in national target programs, the Ministry of Planning and Investment, in collaboration with the Ministry of Finance, shall notify the central budget support for implementing national target programs to program sponsors and project lead agencies.
b) Within ten working days from receiving the notification of central budget support for implementing national target programs from the Ministry of Planning and Investment and the Ministry of Finance, program sponsors shall collaborate with project lead agencies and relevant agencies to forecast objectives, tasks and allocation schemes for central budget support for implementing national target programs, and submit them to the Ministry of Planning and Investment and the Ministry of Finance for consolidation.
c) The Ministry of Planning and Investment, in collaboration with program sponsors, shall unify the forecasted objectives and indicators assigned to each ministry, central agency and locality for implementing national target programs; in collaboration with the Ministry of Finance and relevant agencies, shall review the allocation schemes for central budget support for implementing national target programs over a five-year period for ministries, central agencies and localities to be decided by the Prime Minister.
d) Within ten working days from the date the Prime Minister assigns objectives, tasks and central budget support for implementing national target programs, ministries, central agencies and localities implementing national target programs shall issue plans for implementing national target programs in accordance with the provisions of Clause 3 of this Article; submit them to the Ministry of Planning and Investment, the Ministry of Finance, and program sponsors before January 31 of the first year of the five-year plan period for monitoring and supervision.
Article 5. Annual Implementation Plan for the National Target Program
1. The annual implementation plan for the National Target Program of ministries, central agencies, and localities shall be established together with the annual socio-economic development plan to implement the National Target Program during the five-year period.
a) Requirements for state management work on labor and employment and socio-economic development requirements, ensuring national defense and security.
a) Results of the National Target Program implementation in the previous year (including the achievement of goals and tasks; mobilization, allocation, and utilization of state budget funds and other resources).
b) The five-year implementation plan for the National Target Program of ministries, central agencies, and localities approved by the competent authority; urgent and unforeseen tasks approved by the competent authority but not included in the five-year National Target Program implementation plan.
c) Directive of the Prime Minister on building the annual socio-economic development plan and state budget estimate; guidelines for building the annual socio-economic development plan and annual public investment plan issued by the Ministry of Planning and Investment; guidelines for building the annual state budget estimate issued by the Ministry of Finance; guidelines for building the content of goals and tasks of the main program and the leading agency of the component project under the program.
3. Content of the plan
a) Evaluation of the situation of implementing the National Target Program in the previous year.
b) Forecasting the goals and tasks for the planning year.
c) Forecasting the resources to implement the National Target Programs including: state budget (central budget and local budget); integrated capital from other programs and projects; borrowed capital; other mobilized capital.
d) Management solutions and organization to implement the National Target Program.
4. Procedure for Establishing the Plan
a) Ministries, central agencies, and localities implementing the National Target Program shall forecast the implementation plan for the National Target Program for the planning year and submit it to the Ministry of Planning and Investment, the Ministry of Finance, the main program, and the leading agency of the component project before July 31 each year.
b) The main program shall take the lead and coordinate with the leading agency of the component project to compile and forecast the implementation plan for the National Target Program nationwide and submit it to the Ministry of Planning and Investment and the Ministry of Finance before August 15 each year for consolidation.
c) Within ten working days from receiving the notification about the central budget for implementing the National Target Program from the Ministry of Planning and Investment and the Ministry of Finance, the main program shall take the lead and coordinate with the leading agency of the component project to forecast the goals, tasks, and detailed allocation plan of the central budget estimate for the planning year for each ministry, central agency, and locality and submit it to the Ministry of Planning and Investment and the Ministry of Finance for consolidation.
d) Before September 20 each year, the Ministry of Planning and Investment shall take the lead and coordinate with the main program and the leading agency of the component project to unify the goals and indicators assigned to each ministry, central agency, and locality; take the lead and coordinate with the Ministry of Finance and related agencies to consolidate the allocation plan of the central budget for implementing the National Target Programs for the planning year for ministries, central agencies, and localities into the planning year's socio-economic development plan and state budget estimate to report to the Prime Minister for submission to the National Assembly.
Article 6. Establishing plans to implement national target programs at commune level
1. Principles for establishing plans to implement national target programs at commune level
a) The establishment of plans to implement national target programs must be linked with the establishment of socio-economic development plans at the commune level.
b) The process of establishing plans to implement national target programs must involve the participation of local authorities, mass organizations, beneficiaries, and the community.
c) The establishment of plans to implement national target programs at the commune level must clearly define the ability to mobilize program implementation funds including: anticipated state budget support funds announced by competent authorities, community-raised funds, and other lawful sources; implementation mechanisms; responsible units for each component and activity of the national target program at the commune level.
2. Establishing and compiling plans to implement national target programs at the commune level
a) Based on guidelines for plan construction and announcements of anticipated program implementation funds from competent authorities, the Commune People's Committee assigns the National Target Program Management Board to develop plans to implement national target programs at the commune level; and notify the contents and activities of the national target programs expected to be implemented in the commune to the beneficiaries and the community.
b) The National Target Program Management Boards at the commune level develop plans to implement national target programs at the commune level. The plan includes: the list and main contents of activities, works, projects to be implemented during the planning period; proposals for the leading units to implement.
c) The Commune People's Committee organizes public discussions to gather opinions on plans to implement national target programs at the commune level; completes the plans to implement national target programs at the commune level to submit to the Provincial People's Council for approval and sends them to the District People's Committee for review and consolidation.
3. Regulations on procedures and contents for establishing investment plans at the commune level involving community participation in implementing national target programs shall be carried out according to the guidance of the Ministry of Planning and Investment.
4. The Provincial People's Committee stipulates the delegation of authority for implementing national target programs at the commune level and provides guidance on establishing plans to implement national target programs at the commune level.
Article 7. Assigning plans to implement national target programs for five years and annually
1. The Prime Minister assigns to ministries, central agencies, and provincial people's committees:
a) The total central budget (according to the structure of investment capital and operating expenses) to implement each national target program for the five-year phase before December 10 of the final year of the previous planning phase.
b) The total central budget (according to the structure of investment capital and operating expenses) to implement each national target program for the annual plan before November 20 each year.
2. The Prime Minister delegates authority
a) The Minister of Planning and Investment assigns to central ministries and sectors, and provincial people's committees:
- Objectives, indicators, and the total central budget (according to the structure of investment capital and operating expenses) to implement each national target program for the five-year phase before December 20 of the final year of the previous planning phase.
- Objectives, indicators, and the total central budget (according to the structure of investment capital and operating expenses) to implement each national target program for the detailed annual plan according to the content and component projects under the national target program before November 30 each year.
b) The Minister of Finance assigns the central budget estimate to implement each national target program for the annual plan before November 30 each year.
3. Before December 31 each year, ministries, central agencies, and localities implementing national target programs assign their subordinate agencies and units specific objectives and tasks; annual state budget estimates detailed according to the content and component projects implementing each national target program; lists of investment projects implementing national target programs.
Chapter III
MOBILIZATION, ALLOCATION AND USE OF FUNDS TO IMPLEMENT NATIONAL TARGET PROGRAMS
Article 8. Mobilizing sources of capital to implement national target programs
1. The sources of capital for implementing national target programs include:
a) Central government budget;
b) Local government budget;
c) Legally mobilized resources from organizations, enterprises, and communities;
d) Credit capital;
đ) Capital integrated from other programs and projects.
2. Ministries, central agencies, and localities implementing national target programs shall be responsible for mobilizing and ensuring resources to achieve the goals and tasks assigned by the Prime Minister for each program.
a) For localities that do not receive funding support from the central government budget to implement national target programs, the provincial People's Committee shall submit to the same-level People's Council for issuance of a Resolution allocating funds from the local budget to implement national target programs in those localities.
b) For localities receiving funding support from the central government budget to implement national target programs, the provincial People's Committee shall submit to the same-level People's Council for issuance of a resolution allocating matching funds from the local budget according to regulations.
c) For capital mobilized from the community to implement national target programs, it must be carried out on a voluntary, reasonable basis, taking into account the economic and social characteristics and level of difficulty of each locality; ensuring transparency, accountability, and responsibility for reporting in accordance with regulations.
Article 9. Detailed allocation of annual implementation plans and budgets for national target programs
1. After being assigned the plan to implement national target programs by the competent authority, the agencies responsible for implementing national target programs at various levels shall detail the allocation of plans and budgets for each national target program according to each content and activity; investment projects implementing the program shall be sent to the financial agency at the same level for supervision and implementation; simultaneously, they shall prepare reports on the detailed allocation of plans to be submitted to higher-level agencies for consolidation and supervision.
2. Ministries, central agencies, and localities implementing national target programs shall consolidate and submit reports on the detailed allocation of plans to implement national target programs to the Ministry of Planning and Investment, the Ministry of Finance, the head of the national target program, and the leading agency of the component project before March 31 of the planning year.
Article 10. Utilization of state budget capital to implement national target programs
1. Principles for using state budget capital to implement national target programs
a) Ensuring compliance with the state budget estimate assigned in total amount and in detail according to each task and content of activities.
b) Financial expenditure mechanisms must ensure requirements stipulated by the Law on Public Investment, the State Budget Law, the Construction Law, the Bidding Law, and related legal documents.
2. Contents of management expenses from the allocated budget for implementing national target programs at each level
a) Expenses for organizing meetings and conferences on planning, implementing programs and component projects; evaluating, summarizing, concluding programs and component projects, and rewarding; activities and projects under the national target program.
b) Establishing a set of indicators to monitor the results of implementing the national target program.
3. Agencies responsible for implementing national target programs at each budget level shall be responsible for reporting to higher-level agencies on the situation of utilizing the capital and budget for the national target program at the same time as reporting on the results of achieving the goals and tasks of the national target program in accordance with this Regulation.
4. Management and utilization of investment capital for implementing national target programs shall be carried out in accordance with laws on public investment and guidelines issued by the Ministry of Planning and Investment.
5. Management and utilization of operating funds; payment and settlement mechanisms for national target program capital shall be implemented in accordance with guidelines issued by the Ministry of Finance.
Article 11. Utilizing integrated funds from other programs and projects to implement the national target program
1. Levels assigned to implement the national target program shall integrate financial resources from other programs and projects with the same content and tasks as the national target program.
2. The payment and settlement mechanisms for the contents and tasks integrated into the implementation of the national target program shall be carried out according to the regulations of each program or project, or uniformly applied according to the regulations of the national target program, or in accordance with the regulations of the provincial People's Committee in line with the management mechanism of the national target program and the mechanisms of the integrated programs and projects.
3. Based on the specific characteristics of each locality, the provincial People's Committee shall stipulate and guide the integration of financial resources from other programs and projects at each level to implement the national target program.
Article 12. Utilizing other raised funds to implement the national target program
1. Legally raised funds from organizations, enterprises, and communities shall be allocated and utilized according to the regulations of each locality, without contravening the provisions on fund allocation under the Law on Public Investment, the State Budget Law, and related legal documents.
2. The provincial People's Committee shall issue a regulation on the utilization of other raised funds to implement the national target program at the local level based on ensuring the participation and supervision of citizens and sponsors; simple usage procedures and payment formalities.
3. The payment and settlement mechanisms for activities, projects using both state budget resources and other raised resources shall be implemented according to the regulations of the Ministry of Finance (for state budget resources) and the regulations of the provincial People's Committee (for raised funds).
4. For credit funds allocated and used according to the regulations of each credit policy and the laws on banking activities.
Chapter IV
ORGANIZATION AND COORDINATION IN IMPLEMENTING THE NATIONAL TARGET PROGRAM
Article 13. Organization of implementing the national target program
1. Uniformity in management and operation of the national target program at central and local levels
a) The Ministry of Planning and Investment assists the Government and the Prime Minister in managing and consolidating all national target programs according to the provisions of the Public Investment Law.
The Provincial Department of Planning and Investment assists the provincial People's Committee in coordinating and consolidating contents related to national target programs according to their functions and tasks.
b) The head of the national target program and the leading agency of the component project assist the Government and the Prime Minister in managing and operating the national target program by sector and field.
Departments and sectors assist the provincial People's Committee in organizing and implementing the national target program at the local level according to their functions and tasks.
2. Establishment of Steering Committees for National Target Programs
a) Central level: The Prime Minister establishes a Steering Committee for National Target Programs chaired by a Deputy Prime Minister, assisting the Prime Minister in researching, directing, and coordinating to resolve matters related to management, operation, and organization of national target programs. The operational rules of the Central Steering Committee are decided by the Chairman of the Central Steering Committee.
b) Provincial level: The provincial People's Committee establishes a Steering Committee for National Target Programs chaired by the Chairman of the provincial People's Committee, assisting the provincial People's Committee in directing and coordinating to resolve matters related to management, operation, and organization of national target programs. The operational rules of the provincial Steering Committee are decided by the Chairman of the provincial Steering Committee.
c) District level: In necessary cases, the district People's Committee may establish a district-level Steering Committee for National Target Programs.
d) Commune level: The commune People's Committee establishes a commune-level Management Board chaired by the Chairman of the commune People's Committee to organize the implementation of national target programs within the commune. Members of the commune-level Management Board include specialized staff of the commune People's Committee, mass organizations, and community representatives.
e) Operating costs of the Steering Committees at all levels shall be guaranteed by the state budget and arranged within the regular budgets of relevant agencies and units.
3. Supporting agencies for the Steering Committee of the national target program
a) Central level: The permanent office of the program located at the leading agency of the national target program assists the Central Steering Committee and directly supports the head of the leading agency in managing and implementing the program nationwide.
b) Local level: When necessary, establish:
- The provincial program's permanent office located at a specialized department or at a department or sector responsible for managing the national target program to advise the head of this agency in managing and implementing the program within the locality, concurrently assisting the provincial Steering Committee during the implementation process.
- The district program office located at the specialized department responsible for implementing the national target program to advise the head of this agency in managing and implementing the program within the district.
c) Establishing offices shall not result in additional staffing or regular budgets for agencies.
d) Operating costs of the permanent offices shall be guaranteed by the state budget and arranged within the regular budgets of relevant agencies and units.
Article 14. Coordination in managing and implementing national target programs
1. Coordination in formulating regulations and management and implementation documents for national target programs
a) The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and relevant agencies to advise and propose general management and implementation policies for national target programs.
b) Program leaders and project management agencies shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies to advise and propose specific implementation policies and organize the execution of each program and component project within the program.
c) Ministries, central agencies, and localities implementing national target programs shall coordinate with program leaders, project management agencies, the Ministry of Planning and Investment, and the Ministry of Finance in formulating regulations and management and implementation documents for national target programs within their respective fields and jurisdictions.
2. Coordination in developing plans to implement national target programs
a) The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to guide the development of plans; compile and submit plans for the implementation of programs to competent authorities for decision-making.
b) The Ministry of Finance shall aggregate the central budget estimates for implementing the program into the state budget plan for the five-year period and the annual state budget estimate.
c) Program leaders shall take the lead and coordinate with component project management agencies to guide the development of goals, tasks, and contents for each national target program for the five-year and annual periods; compile and aggregate plans for implementing the program during these periods.
d) Ministries, central agencies, and localities shall develop goal-setting, task assignment, and funding plans for implementing national target programs for the five-year and annual periods within their assigned sectors as stipulated in Articles 4 and 5 of this Regulation.
3. Coordination in establishing information systems and exchanging information on national target programs
Ministries, central agencies, and localities shall establish information systems and exchange information on the management and implementation of national target programs according to Articles 16 and 18 of this Regulation based on their functions and responsibilities.
4. Coordination in addressing issues arising during the implementation of national target programs
a) The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and relevant agencies to address issues related to the general management and implementation mechanisms of national target programs; cross-sectoral issues involving multiple agencies and units.
b) National target program leaders and component project management agencies within the program shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies to address issues related to sector-specific management, implementation, and organization of national target programs.
c) In cases where issues exceed the authority of the leading agency, it shall consolidate the opinions of relevant agencies and submit them to the Prime Minister for decision.
5. Coordination in conducting inspection and supervision activities for national target programs
In cases where inspection and supervision activities have cross-sectoral characteristics, the leading agency for such activities shall be responsible for coordinating with relevant agencies to develop plans; organize the inspection and supervision of management, implementation, and execution of programs.
Article 15. Disclosure of information on national target programs
1. The program manager, the leading agency of component projects, and central agencies and localities implementing national target programs shall be responsible for disclosing information about national target programs according to their functions and tasks.
2. Contents of disclosing information on national target programs
a) Legal documents regulating management, operation, and implementation of national target programs.
b) Investment decisions on national target programs in each phase.
c) Criteria and allocation standards for funding of national target programs.
d) Indicators and plans for implementing national target programs over five-year and annual periods at each level.
đ) Reports on the results of implementing national target programs and financial reports as prescribed (which must include: final accounts of using various sources of funds; volume of work completed and disbursement results of investment projects).
e) Supervision and evaluation reports on national target programs and projects within these programs.
g) Results of inspections, audits, handling of violations, corruption cases involving officials and civil servants involved in managing, operating, and implementing national target programs.
h) Feedback from the public and the results of handling such feedback.
3. Forms of disclosure of information
Information on national target programs as stipulated in Clause 2 of this Article shall be disclosed through one or more forms:
a) Issuing documents to relevant agencies.
b) Publishing on the websites of relevant agencies.
c) Announcing through mass media.
4. Time of disclosure of information
Information on national target programs as stipulated in Clause 2 of this Article shall be disclosed no later than thirty working days from the date of approval by the competent authority.
5. Funding for maintaining publicly disclosed information on national target programs shall be allocated in the regular budget of ministries, central agencies, and localities.
Chapter V
MONITORING, INSPECTION AND EVALUATION OF NATIONAL TARGET PROGRAMS
Article 16. Monitoring the Implementation of National Target Programs
1. The monitoring system for the implementation of programs includes a set of indicators reflecting outputs; templates for comprehensive reports on the implementation of objectives, indicators, tasks, and mobilized resources for the program.
2. Monitoring indicators for the implementation of national target programs
a) The program manager shall lead and coordinate with the leading agency of component projects to develop a set of output indicators for national target programs and component projects within the program; guide the collection of information into the set of output indicators for national target programs.
b) The program manager shall supervise central agencies and localities implementing national target programs in collecting information into the monitoring indicators for the implementation of national target programs; compile and complete the national monitoring indicators for the implementation of the program across the country.
c) Central agencies and localities implementing national target programs shall update the monitoring indicators for the implementation of national target programs within their sectors, fields, and areas.
3. Monitoring reports on national target programs
a) Plan report on the implementation of national target programs
Ministries, central agencies, and localities implementing national target programs shall prepare and submit plans for implementing national target programs over five-year and annual periods as prescribed in Articles 4 and 5 of this Regulation.
b) Report on the allocation and use of resources for implementing national target programs
Ministries, central agencies, and localities implementing national target programs shall prepare and submit reports on the allocation and use of resources for implementing national target programs annually to the Ministry of Planning and Investment, the Ministry of Finance, the program manager before March 31 each year.
c) Annual report on the implementation of national target programs:
- Ministries, central agencies, and localities implementing national target programs shall prepare and submit reports on the implementation of national target programs to the Ministry of Planning and Investment, the Ministry of Finance, the program manager, and the leading agency of component projects before July 20 for the mid-year report; before March 31 of the following year for the annual report.
- The program manager shall lead and coordinate with the leading agency of component projects to prepare and submit assessment reports on the implementation of national target programs to the Ministry of Planning and Investment, the Ministry of Finance before August 15 for the mid-year report; before April 30 of the following year for the annual report.
- The Ministry of Planning and Investment shall lead and coordinate with the Ministry of Finance and related agencies to compile comprehensive assessment reports on the implementation of national target programs nationwide to be reported to the Government for submission to the National Assembly at the end-of-year session.
Article 17. Monitoring the National Target Program
1. The program leader, the leading agency of the component project, and the competent authorities managing the National Target Program shall monitor the entire implementation process of the program according to their functions and tasks.
2. Contents of monitoring the program
a) The situation regarding the implementation of legal provisions on the National Target Program from the development of the program; the establishment and allocation of the implementation plan of the program; supervision and evaluation work of the program at all levels.
b) The situation regarding the implementation of the National Target Program plan: results of achieving objectives and tasks; results of using funds, disbursement of funds, arrears in basic construction; management and use of funds.
c) Organizational and coordination work for implementing the National Target Program.
Article 18. Evaluation of the National Target Program
1. Evaluation of the National Target Program includes mid-term evaluation; final evaluation and impact assessment; and ad hoc evaluation of the implementation situation.
2. Contents of evaluating the National Target Program
a) Mid-term evaluation of the implementation situation includes:
- The appropriateness of the program's implementation results compared to the program's objectives.
- The extent to which the program's objectives and tasks have been completed up to the evaluation time point compared to the approved plan.
- The situation of mobilizing, allocating, and utilizing funds for program implementation.
- Proposals for necessary solutions to achieve the program's objectives and tasks in the phase (including proposals to adjust the program if necessary).
b) Final evaluation and impact assessment of the program include:
- Evaluation of management, operation, and implementation organization of the program; evaluation of coordination, cooperation, and responsibility of related agencies during the management and operation implementation organization of the program.
- Results of achieving specific objectives, indicators, and tasks of the program.
- Evaluation of the mobilization, allocation, and utilization of funds for program implementation.
- Impact assessment of the program including: economic and social impacts; sustainability of the program; impact on beneficiaries of the program.
- Lessons learned from the program implementation process and recommendations for maintaining achieved results of the program.
c) Ad hoc evaluation of the program implementation situation when unexpected issues arise or when required by the competent authority. The evaluation contents include:
- The contents stipulated in paragraph a of Clause 2 of this Article.
- Identifying unexpected occurrences (if any), causes of unexpected occurrences, and responsibilities of related agencies, organizations, and individuals; the impact of unexpected occurrences on program implementation and the ability to complete program objectives.
3. Organization of the National Target Program evaluation
a) The program leader and the leading agency of the component project within the program shall be responsible for organizing the program evaluation according to the contents prescribed in Clause 2 of this Article and submitting it to the Ministry of Planning and Investment and the Ministry of Finance.
b) The Ministry of Planning and Investment shall take the lead, coordinate with the Ministry of Finance and relevant agencies to compile the mid-term and final phase National Target Program evaluation report and submit it to the Government for reporting to the National Assembly as prescribed.
Article 19. Community supervision over the implementation of national target programs
1. National target programs are subject to community supervision. The community supervision mechanism shall be implemented in accordance with the guidance of the Vietnam Fatherland Front at all levels.
2. Contents of community supervision on the organization of implementing national target programs
a) Compliance with legal provisions on the management and operation of national target programs; legal provisions on the management and use of investment capital and state budget management.
b) Investment projects implementing national target programs using part of the people's contribution capital and other funds raised locally.
c) Implementation progress and development status of each program's contents, activities, and tasks.
d) Transparency in public investment 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 community's living environment; wasteful and loss-causing actions for program assets.
Chapter VI
RESPONSIBILITIES OF AUTHORITIES IN MANAGING AND OPERATING THE IMPLEMENTATION OF NATIONAL TARGET PROGRAMS
Article 20. Responsibilities of the Ministry of Planning and Investment
1. Proposing the issuance of regulations on managing and operating the implementation of national target programs; issuing guiding documents within its authority for managing and operating the implementation of national target programs; guiding the management and use of investment capital for the implementation of national target programs.
2. Proposing the balance of central government budget sources for the implementation of each national target program during the five-year period and annually (including both investment capital and operational funding).
3. Leading the assignment of targets, tasks, and central government budget support for the implementation of each national target program during the five-year period and annually to ministries, central agencies, and localities.
4. Issuing guiding documents for program managers and implementing agencies to develop implementation plans, report on resource mobilization results, and annual, mid-term, and five-year program implementation assessment reports.
5. Participating with program managers in establishing principles, criteria, and allocation standards for program capital.
6. Guiding the planning process for investment at commune level involving community participation in implementing national target programs.
7. Regularly and spot-checking the implementation of national target programs according to the content stipulated in Article 17 of this Regulation.
8. Leading the compilation of annual, mid-term, and final phase or spot-check reports on the implementation results of national target programs as specified in Articles 16 and 18 of this Regulation.
9. Leading the compilation and proposing solutions for issues arising beyond authority in managing and operating the implementation of national target programs, submitting them to competent authorities for decision-making.
Article 21. Responsibilities of the Ministry of Finance
1. Issuing guidelines on managing and using operational funding; payment and settlement mechanisms for implementing national target programs.
2. Proposing the allocation of central government budget sources for operational funding for each national target program during the five-year period and annually, sending it to the Ministry of Planning and Investment for consolidation and notification.
3. Leading the allocation of central government budget estimates for the implementation of each national target program in the planned year to ministries, central agencies, and localities.
4. Organizing regular and spot-checks on the use of operational funding for national target programs by ministries, sectors, central agencies, and localities.
5. Monitoring, consolidating, and reporting to the Prime Minister on the disbursement results of state budget capital for implementing national target programs; simultaneously sending it to the Ministry of Planning and Investment and program managers for consolidation.
6. Consolidating and settling accounts of operational funding for national target programs and reporting to competent authorities.
7. Participating with program managers in establishing principles, criteria, and allocation standards for program capital.
8. Coordinating with the Ministry of Planning and Investment to compile annual, mid-term, and final phase or spot-check reports on the implementation results of national target programs as specified in Articles 16 and 18 of this Regulation.
Article 22. Responsibilities of the agency in charge of the national target program
1. Submit to the Prime Minister for issuance of principles, criteria, and allocation standards for capital and financial 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 programs as prescribed.
2. Guide localities in establishing principles, criteria, and allocation standards for sources of capital balanced from local budgets.
3. Develop implementation plans, budget plans, and propose solutions for implementing the national target program for the five-year period and annually, and submit them to the Ministry of Planning and Investment and the Ministry of Finance for consolidation.
4. Take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to draft proposals for allocating the central budget for the five-year period and annually to implement the national target program for relevant ministries and agencies executing the program.
5. Be responsible for using funds directly for implementing tasks of the national target program for their intended purposes effectively, without waste; settle accounts for these funds according to regulations.
6. Develop policies, provide guidance on business practices, and implement activities of the program for central ministries and agencies and localities executing the program.
7. Take the lead and coordinate with the leading agency of component projects and related agencies to establish a set of monitoring indicators for the national target program as stipulated in Clause 2, Article 16 of this Regulation.
8. Take the lead and coordinate with related agencies to periodically and urgently inspect the implementation of the national target program at the central level and localities as specified in Article 17 of this Regulation.
9. Take the lead and coordinate with related agencies to implement reporting systems as stipulated in Clause 3, Article 16, and Article 18 of this Regulation.
Article 23. Responsibilities of the agency in charge of component projects under the national target program
1. In cases where the agency in charge of component projects under the national target program is not the agency in charge of the national target program, the agency in charge of component projects shall be responsible for:
a) If necessary, establish a project management board to assist the head of the agency in charge of the component project in organizing its implementation without increasing staffing or administrative costs; dissolve the project management board upon completion of the project. The operating costs of the project management board shall be allocated within the regular expenses of the agency in charge of the component project.
b) Develop implementation plans and propose solutions for implementing the component project within the five-year plan and annually, and submit them to the agency in charge of the program for consolidation into the overall plan.
c) Take the lead and coordinate with the agency in charge of the national target program to develop mechanisms, policies, and provide guidance on business practices for implementing the component project for executing agencies.
d) Be responsible for using funds directly for implementing tasks of the project for their intended purposes effectively, without waste; settle accounts for these funds according to regulations.
đ) Take the lead and coordinate with the agency in charge of the national target program to establish a system of monitoring indicators for the component project as stipulated in Clause 2, Article 16 of this Regulation.
e) Take the lead and coordinate with related agencies to periodically and urgently inspect the implementation of the component project in accordance with its orientation, objectives, and effectiveness for executing agencies (at the central level and localities) as specified in Article 17 of this Regulation.
g) Take the lead and coordinate with the agency in charge of the national target program to implement reporting systems as stipulated in Clause 3, Article 16, and Article 18 of this Regulation.
2. In cases where the component project under the national target program is managed by the agency in charge of the national target program, the agency in charge of the national target program may entrust subordinate units with specialized state management functions to organize management and operation according to Clause 1 of this Article.
Article 24. Responsibilities of Ministries and Central Agencies Implementing the National Target Program
1. Based on the guidance of the National Target Program's main body, the leading agency of the component project, the Ministry of Planning and Investment, the Ministry of Finance, and the central agencies implementing the program shall develop activity plans, propose budget requirements for the five-year period and annually to fulfill tasks, activities, and component projects, and submit them to the main body of the National Target Program and the leading agency of the component project.
2. Shall be responsible for implementing the plan in accordance with the objectives, tasks, and progress of assigned activities and projects.
3. Shall be responsible for using the funds of the National Target Program for their intended purposes effectively; settle accounts and finalize accounts in accordance with regulations.
4. In addition to allocated funds, they are permitted to mobilize other legitimate resources to supplement the implementation of activities and projects under the National Target Program. Report additional funding levels (if any) to the main body of the National Target Program.
5. Implement reporting procedures as stipulated in Clause 3, Article 16 and Article 18 of this Regulation.
Article 25. Responsibilities of Provincial People's Committees
1. Specify detailed mechanisms for decentralized management of the implementation of national target programs within their jurisdiction suitable to local conditions and consistent with the provisions of the Law on Local Administration Organization.
2. Approve plans for the implementation of national target programs over a five-year period within their jurisdiction.
3. Allocate and balance local budget funds, and submit to the Provincial People's Council for decision.
4. Develop solutions to mobilize local resources; issue regulations on the use of other mobilized funds at the local level.
5. Direct the implementation; organize monitoring and inspection of the implementation of national target programs within their jurisdiction.
6. Be responsible for using the funds of national target programs effectively according to the assigned objectives and tasks within their jurisdiction without loss; ensure that the implementation of the objectives and tasks of national target programs comply with established standards and allocation quotas; be responsible for managing and executing financial settlements and finalization in accordance with current financial regulations.
7. Implement reporting and evaluation systems for national target programs as stipulated in Clause 3, Article 16 and Article 18 of this Regulation./.
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