Decree 73/2026/NĐ-CP Detailed provisions and guidelines for the implementation of certain articles of the State Budget Law

 

 

DECREE

Detailed provisions and guidelines for the implementation of certain articles
of the State Budget Law

 

Based on Decree No. 63/2025/QH15 on Government Organization;

Based on Decree No. 89/2025/QH15 on State Budget;

In accordance with the proposal of the Minister of Finance;

The Government promulgates this Decree to provide detailed provisions and guidelines for the implementation of certain articles of the State Budget Law.

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1. Scope of application, applicable subjects

1. Scope of application:

This Decree provides detailed provisions and guidelines for Articles 10(3), 11(3), 15(5), 16(2), 17(5), 25(9, 15, 16, 17, 18, 19), Article 31(9)(h) and (l), Article 45(2)(c), Article 50(3), Article 51(1), Article 58(5), Article 59(2), Article 61(4), Article 66(5), Article 69(6), Article 74(2) and Article 79 of the State Budget Law.

2. Applicable subjects:

a) State organs, political organizations, and the Vietnamese Fatherland Front;

b) Public sector units;

c) Other organizations and individuals related to state budget matters.

Article 2. Principles of balancing, managing, and decentralizing the state budget

1. The principles of balancing, management, and decentralization of revenue sources, expenditure tasks, and relationships between levels of government shall be implemented in accordance with the provisions of Articles 7, 8, and 9 of the State Budget Law.

2. Revenue sources and expenditure tasks of the central budget and local budgets at provincial level shall be implemented in accordance with the provisions of Articles 36, 37, 38, and 39 of the State Budget Law. The Minister of Finance shall provide detailed guidelines for decentralizing revenue sources and expenditure tasks between the central budget and local budgets, determining supplementary allocations from higher-level budgets to lower-level budgets; managing financial activities at the commune level.

Article 3. Deficit in the state budget

1. The deficit in the state budget includes the central government budget deficit and the provincial local budget deficit as provided for in paragraph 1 of Article 4 of the State Budget Law.

2. The central government budget deficit shall be offset from the following sources:

a) Domestic borrowing through issuance of government bonds, national construction bonds, and other domestic borrowings in accordance with the law;

b) External borrowing from loans by foreign governments, international organizations, and issuing government bonds on the international market, excluding loans for relending.

3. The provincial local budget deficit shall be offset from the following sources:

a) Domestic borrowing through issuance of local government bonds and other domestic borrowings in accordance with the law;

b) Borrowing from the central government's loan to the local budget for relending.

4. The provincial local budget is permitted to incur a deficit within the scope of the deficit level determined by the National Assembly in the annual state budget or the adjusted deficit level as provided for in paragraph 5 of this Article, subject to meeting the following conditions:

a) Only for investment in projects under the medium-term national investment plan that has been decided by the People's Council at the provincial level;

b) As of March 31 of the current year, the local budget does not have overdue debts on amounts due to be repaid.

5. In implementation, in cases where it is necessary to change the borrowing and deficit levels between provinces, the Ministry of Finance reports to the Government for adjusting the borrowing and deficit levels among provinces ensuring that they do not exceed the total provincial budget deficit level determined by the National Assembly and the specified loan balance of the provincial budget as provided for at points a and b of paragraph 6 of Article 7 of the State Budget Law; regularly reporting to the Standing Committee of the National Assembly and to the National Assembly in the nearest session.

6. The outstanding debt balance of the provincial local budget at any point in time shall not exceed the specified loan balance as provided for in paragraph 6 of Article 7 of the State Budget Law.

Article 4. Management and Accounting of Borrowing and Repayment of State Budget Debts

1. Borrowings of the central state budget and provincial state budgets to cover deficits and repay principal as provided in Clause 5, Clauses 4 and point (b) of Clause 5 of the Law on State Budget shall be managed and accounted for under the accounts of each level of state budget. In cases where foreign borrowings are disbursed directly to programs or projects according to agreements or funding arrangements, they must be periodically accounted for in the state budget in accordance with the regulations of the Minister of Finance.

2. Principal, interest, fees, and other costs arising from borrowings shall be paid fully and on time in accordance with the commitments and contracts signed and within the scope of the budget estimates.

3. Accounting for debt repayment:

a) Interest, fees, and other costs arising from borrowings are accounted for as part of the budgetary allocation expenditure at each level of state budget;

b) Principal repayments are accounted for to reduce the outstanding balance of each level of state budget.

4. The Minister of Finance shall specify in detail the management and accounting procedures for borrowings, principal repayment, interest payment, and other costs arising from state budget borrowings.

Article 5. Management of State Budget According to Task Performance Results

1. Management of the state budget according to task performance results involves using information on outputs, task implementation outcomes, and operational effectiveness related to service or product quantities, quality, technical standards, and completion times as a basis for preparing, allocating, implementing, and settling the state budget in order to enhance the efficiency of budget utilization.

2. Conditions for applying management of the state budget according to task performance results:

a) Determining the desired outcomes of tasks, services, or products with indicators on quantities, numbers, quality, technical standards, and completion times;

b) Having complete technical-economic standards, cost-quantity or unit price benchmarks for similar tasks, services, or products under comparable conditions to prepare, allocate, implement, settle the state budget, and monitor and evaluate task performance outcomes;

c) Having a written agreement between the agency assigning the task and the agency receiving the task on requirements, output results, responsibilities, and payment and settlement methods for the state budget.

3. Scope of application includes policies, programs, projects, plans, tasks where the performance outcomes are specific quantities, numbers, quality according to technical standards with defined budgetary costs based on benchmarks or unit prices.

4. Forms of managing the state budget according to task performance results include:

a) Managing the state budget by program;

b) Managing the state budget based on forecasted output quantities;

c) Managing the state budget based on actual implementation outcomes;

d) Managing the state budget based on operational effectiveness targets.

5. Principles of application:

a) Increasing authority is linked to increased individual responsibility for the head of the unit, who shall be fully responsible before the law for task performance results and budget utilization;

b) Simplifying the budget payment and settlement procedures;

c) Performance outcomes in terms of quantities, numbers, quality, time, and costs must ensure at least equivalent or better than the input-based budget management method.

6. Responsibilities of sectoral management agencies:

a) Based on the provisions of Clauses 2 and 3 hereof, determine the scope and targets for applying task performance result-based budget management within their sectors;

b) Issue guidelines for determining output results, technical-economic standards, implementation procedures, monitoring and evaluation mechanisms for tasks under their sector; require agreements between assigning and receiving agencies;

c) In the process of developing strategic plans and sectoral development plans linked to economic-social development plans over five years and annually, clearly define target outcomes and desired outputs, serving as a basis for task assignment and budget allocation according to the result-based management mechanism.

7. Based on decisions by competent authorities, budgetary planning units and budget-utilizing units shall be responsible for preparing budgets, implementing, and settling state budgets related to managing state budgets based on task performance results in accordance with the Law on State Budget and this Decree's provisions.

Article 6. State Financial Funds Outside the Budget

1. The state budget shall not provide funding for the operation of state financial funds outside the budget. Upon consideration of the state budget's balanced capacity, such state financial funds may be examined and supported with capital contributions from the state budget when they meet all the following conditions:

a) Established and operating in accordance with legal provisions;

b) Possessing independent financial capability;

c) Having revenue sources and expenditure tasks that do not overlap with those of the state budget.

2. The state budget shall allocate funding for funds to perform tasks related to scientific, technological development, innovation, and digital transformation, policy and law formulation in accordance with sector-specific legal provisions, provided such allocation aligns with the state budget's capacity.

3. State financial funds outside the budget and their management bodies must comply with the provisions of the Law on State Budget and this Decree regarding budget preparation, execution, final accounts, audit, and disclosure for the portion of capital supported by the state budget as stipulated in paragraphs 1 and 2 hereof. For state financial funds outside the budget as per legal provisions related to scientific, technological development, innovation, digital transformation, policy and law formulation, compliance is subject to these provisions and sector-specific legal regulations.

4. Annually, the management body of centrally managed funds shall report to the Ministry of Finance on the implementation of the current financial plan, next year's financial plan, and final accounts for the fund; local management bodies shall report to the provincial Department of Finance on the implementation of the current financial plan, next year's financial plan, and final accounts for the fund. These reports are to be compiled into a report by the provincial People’s Committee for submission to the same-level People’s Council along with the timeframes for budget and final account reporting.

5. State financial funds outside the budget shall bear responsibility for managing, utilizing, settling accounts, evaluating results, and effectiveness of their tasks, submitting reports on such matters together with the fund's financial settlement report to the management body.

The management bodies of state financial funds are responsible for reviewing, amending, or supplementing organizational and operational provisions to enhance management, increase transparency, and improve the efficiency of these funds. They shall reorganize funds whose revenue sources and expenditure tasks overlap with those of the state budget or have become less suitable due to inefficiency.

6. The management bodies of centrally managed funds shall take the lead in coordinating with the Ministry of Finance to provide explanations to National Assembly organs, the National Assembly when requested; local management bodies shall coordinate with provincial Departments of Finance to provide explanations to the Standing Committee and the same-level People’s Council upon request.

Article 7. Management of Donations and Voluntary Contributions for the State Budget

1. Sources of donations and voluntary contributions for the state budget include donations and voluntary contributions from domestic and foreign organizations and individuals to state organs, political organizations, Vietnam Fatherland Front, social organizations supported by the state budget, public institutions.

For managing and utilizing non-reimbursable foreign aid funds provided to Vietnam, whether or not they are part of official development assistance, as well as voluntary contributions supporting disaster relief, disease control, emergency response, and treatment for patients with severe illnesses, separate regulations from the Government shall apply.

2. Principles for managing donations and voluntary contributions:

a) Donations and voluntary contributions must be made on a voluntary basis using lawful income or assets of the donors;

b) Receipts, management, and utilization must ensure transparency, effectiveness, and compliance with legal provisions;

c) Monetary donations shall be fully reflected in the state budget.

3. Organizations and individuals may not exploit donation and voluntary contribution activities to gain personal benefits or violate laws, infringing on national interests, ethnic rights, or lawful interests of others.

4. Procedures for receiving donations and voluntary contributions:

a) In cases where donations and voluntary contributions are directly provided to central ministries, agencies at the same level as ministries, government agencies, and central-level entities (hereinafter referred to as central-level bodies), and local budgets, the Minister, Head of agency, or Chairperson of the People’s Committee shall decide on organizing the receipt of such donations and contributions ensuring they align with assigned functions and tasks while adhering to principles stipulated in paragraph 2 hereof;

b) In cases where donations and voluntary contributions are directly provided to agencies and units under central-level bodies or other entities not covered by point a, the Head of agency or unit shall independently decide on receiving such donations and contributions ensuring they align with assigned functions and tasks as well as principles stipulated in paragraph 2 hereof. They must also report their receipt to the direct superior management body.

Upon discovering that an entity has received donations and voluntary contributions in violation of principles stipulated in paragraph 2 hereof, within ten days from receiving a report from the receiving entity (hereinafter referred to as the receiving entity), the higher-level management body shall issue a temporary halt order for receipt pending investigation. After completing the inspection process, the higher-level management body will notify whether to continue or suspend receipt, providing reasons and requiring the receiving entity to handle any received donations and contributions in accordance with legal provisions.

c) The receipt must be documented in a memorandum or confirmation document between the receiving entity and the donor or voluntary contributor, specifying the names of the organization or individual, purpose, form, content, and amount of funds or tangible contributions.

5. In the management and utilization of donated funds, entities responsible for receipt shall:

a) Open an account at the State Treasury or commercial bank to manage the donated funds and track them separately according to each type of donation;

b) Manage and utilize the donated funds in accordance with the memorandum or confirmation document between the receiving entity and the donor or voluntary contributor;

c) Report the results of implementation to the same-level financial agency or higher-level management authority (if applicable) for consolidation by the same-level financial agency, submission to a competent authority for supplementary budgeting, and incorporation into the state budget in accordance with the provisions of the State Budget Law and this Decree;

d) Report on the receipt and utilization of donated funds as required by the higher-level management authority;

d) Consolidate receipts and expenditures from donations into the final accounts of the state budget in accordance with the provisions of the State Budget Law and this Decree.

6. The management and utilization of donated tangible assets shall be carried out in accordance with the laws on the management and use of public property and other relevant laws.

7. Entities responsible for receipt shall, in accordance with the provisions of this Decree and relevant laws, ensure transparency regarding the receipt, management, and results of utilizing donated funds.

Article 8. Support Funding for Social Organizations to Fulfill Tasks Assigned by the State

1. The operational funding of social organizations shall be implemented on a self-sustaining basis.

2. Social organizations may receive state budget support in the following cases:

a) Authorized bodies assign staffing levels, and the state budget ensures salaries, other benefits, and operating funds linked to such staffing levels according to relevant laws;

b) Authorized bodies assign tasks, with the state budget providing support based on decisions assigning tasks by authorized bodies in accordance with relevant laws.

3. The process for receiving state budget support to fulfill assigned tasks:

a) For tasks assigned by the Government or Prime Minister (social organizations operating nationwide and across provinces), and local people's committees, chairpersons of local people's committees at various levels (social organizations operating within provincial or district scopes according to delegated authority), based on approved targets, plans, or implementation strategies (which detail the quantity and scope of tasks supported by state budget funds) as per relevant laws, social organizations prepare budgets in accordance with the laws on state budgeting, public investment, and other relevant laws;

b) For tasks assigned by central ministries or agencies to social organizations (operating nationwide and across provinces), implementation shall be carried out in accordance with relevant laws;

c) For tasks under national target programs, implementation shall follow the financial mechanisms of such programs;

d) The preparation of budgets, allocation, management, utilization, finalization, and disclosure of support funding shall be conducted in accordance with the provisions of the state budget law, public investment laws, and other relevant laws.

4. State budget support for social organizations as stipulated in paragraph 2 of this Article shall be allocated within the annual state budget expenditure plan of each level of government.

Article 9. Authority of the People's Council at the Provincial Level in Deciding on Financial Regulations, Standards, and Expenditure Limits for Local Budgets

2. The decision to determine financial regulations, standards, and expenditure limits for local budgets and the financial regulations under paragraph 1 of this article shall be made in accordance with the following principles:

a) Complying with provisions of laws on state budget and other relevant laws;

b) Being consistent with the fiscal balance capacity of the locality during each period;

c) Ensuring transparency, openness, economy, and efficiency in managing and utilizing the state budget;

d) Contributing to promoting economic and social development, improving people's livelihoods, maintaining security and defense within its jurisdiction.

Article 10. Utilization of Financial Reserve Funds

1. The central financial reserve fund is managed by the Minister of Finance as the account holder. The provincial-level financial reserve fund is managed by the Governor of the People's Committee at the same level or delegated to the Director of the Department of Finance.

2. The utilization of financial reserve funds shall be in accordance with the provisions of paragraph 2 of Article 11 of the Law on State Budget.

3. Authority for deciding on the utilization of financial reserve funds:

a) For central-level financial reserve fund: The Ministry of Finance shall present to the Prime Minister for decision-making regarding the use of the fund for state budget purposes as per point b, clause 2 of Article 11 of the Law on State Budget. The Minister of Finance shall decide upon the temporary advance from the central state budget fund and provincial state budget fund to address temporary shortages in accordance with points a, clause 2, and Article 60 of the Law on State Budget;

b) For provincial-level financial reserve fund: The Department of Finance shall present to the People's Committee at the same level for decision-making regarding the use of the fund for state budget purposes as per point b, clause 2 of Article 11 of the Law on State Budget; temporary advance from the provincial state budget fund and local state budget fund to address temporary shortages in accordance with points a, clause 2, clauses 2 and 3 of Article 60 of the Law on State Budget; and temporary advance for major infrastructure projects, tasks, or programs within its jurisdiction in accordance with point c, clause 2 of Article 11 of the Law on State Budget.

Article 11. Application of Information Technology and Digital Transformation in State Budget Management

1. Agencies and organizations shall be responsible for applying information technology and digital transformation in budget preparation, compliance, accounting, final accounts, disclosure, and supervision.

2. The state budget management information system and financial sector databases are integrated and interconnected to serve unified, transparent, and open budget management.

3. The Ministry of Finance shall take the lead in developing and completing a unified, centralized, connected, and interlinked state budget management information system; manage unified information and data on the state budget and guide the connection and sharing of financial-budgetary data with central ministries and localities.

3. The Ministry of Finance shall take the lead in developing and perfecting unified, centralized systems for managing state budget information, which will be interconnected and interoperable with the National Financial Database; it shall uniformly manage information and data related to the state budget and guide the connection and sharing of financial-budgetary data with central ministries and agencies as well as local governments.

 

Chapter II

PREPARATION OF THE STATE BUDGET PROPOSAL

 

Article 12. Preparation of the State budget proposal by revenue collection agencies

1. Provincial and municipal tax authorities:

a) Prepare the state budget revenue proposal for their jurisdiction, the value-added tax refund proposal according to regulations under their management and submit them to the provincial and municipal tax administration and finance department;

b) Guide subordinate tax offices in preparing the state budget revenue proposals within their jurisdiction and submit them to the local finance departments, ensuring compliance with requirements, content, and timelines for local budget preparation.

2. Customs authorities in regions prepare the state budget revenue proposal from export and import activities according to regulations and jurisdictions of provinces and municipalities directly under central government (hereinafter referred to as provinces and municipalities), submit them to the customs administration and finance department.

3. Entities authorized by competent authorities to collect state budget revenues from fees, levies, and other revenue sources prepare the state budget revenue proposal according to legal provisions and submit it to the tax authority and the same-level finance department under their jurisdiction.

Article 13. Preparation of the State budget proposal by budgetary entities

1. Budgetary entities prepare the state budget revenue and expenditure proposals within their assigned scope and responsibilities, ensuring compliance with legal bases and submitting proposed budget data to the directly superior budgetary entity.

Where a budgetary entity is an administrative body tasked with providing services and collecting fees, it must separately prepare the service and fee revenue proposal.

Where a budgetary entity is authorized by competent authorities to manage state finances based on the performance of assigned tasks as stipulated in Article 5 of this Decree, it must separately allocate funds for each specific task, service, or product.

2. The directly superior budgetary entity (if not the first-level budgetary entity) reviews and consolidates the revenue and expenditure proposals from subordinate entities within its jurisdiction, ensuring compliance with reporting documents and data to be submitted to the higher-level first-level budgetary entity.

3. For entities responsible for managing infrastructure assets, operating and maintaining such assets, or implementing tasks related to budget preparation, they must submit their budget proposals to the relevant state administrative body overseeing the sector's activities for review and consolidation together with the state expenditure proposal of that administrative body.

4. The first-level budgetary entity reviews and consolidates the revenue and expenditure proposals submitted by subordinate entities and those specified in paragraph 3 of this Article, ensuring compliance with documentation and data to be reported to the same-level finance department.

5. The preparation of state budget revenue and expenditure proposals by budgetary entities must comply with the criteria and requirements as stipulated in Articles 44 and 2 of Article 45 of the State Budget Law.

Article 14. Preparation of the state budget proposal, central government budget allocation plan, and local government budget proposal

1. Regarding the preparation of the state budget proposal and central government budget allocation plan:

a) The Ministry of Finance shall lead in compiling and preparing the state budget revenue and expenditure proposals and the central government budget allocation plan for submission to the Government, including documents as specified in Article 49 of the State Budget Law;

b) In accordance with instructions from the Government, acting on behalf of the Prime Minister, the Minister of Finance shall report and explain the state budget revenue and expenditure proposals and the central government budget allocation plan to the National Assembly and the National Assembly as required by law;

c) Ministries and central agencies shall cooperate with the Ministry of Finance in explaining the proposed state budget items within their respective sectors or fields when requested.

2. Regarding the preparation of local government budget proposals:

a) Local finance departments shall lead in consolidating the state budget revenue proposals from revenue collection entities, the state budget revenue and expenditure proposals of first-level budgetary entities under their jurisdiction, and prepare the local state budget revenue proposal for submission to the People's Committee for presentation to the Standing Committee of the People's Council for review and comments;

After receiving comments from the Standing Committee of the People's Council, the People's Committee forwards the state budget revenue proposals and local state budget revenue and expenditure proposals to the provincial People's Committee and the provincial finance department;

b) The provincial finance department shall lead in consolidating the state budget revenue proposals from revenue collection entities, the state budget revenue and expenditure proposals of first-level budgetary entities under its jurisdiction, and the local state budget revenue and expenditure proposals; prepare the state budget revenue proposal for the province's jurisdiction and the local state budget revenue and expenditure plan for submission to the provincial People's Committee for presentation to the Standing Committee of the People's Council for review and comments.

After receiving comments from the Standing Committee of the People's Council, the provincial People's Committee forwards the state budget revenue proposals and local state budget revenue and expenditure plans to the Ministry of Finance, the National Audit Office, the Ministry of Science and Technology (for research, technology, innovation, and digital transformation expenditures), and ministries responsible for national programs (for program-specific expenditures).

Article 15. Time for Guidance on Preparation, Construction, Compilation, Decision and Allocation of State Budget

1. By May 15th each year, the Prime Minister shall issue regulations on the preparation of the socio-economic development plan and state budget for the following year; based on which, within ten days thereafter, the Ministry of Finance shall issue guidelines.

2. Based on the provisions of the Prime Minister and the guidelines issued by the Ministry of Finance under Clause 1 hereof, within seven days from the date of issuance of the guidelines by the Ministry of Finance:

a) Central ministries and agencies shall provide guidance for the preparation of the state budget for the following year in their respective areas and fields of management;

b) People's Committees at provincial level shall provide guidance for the preparation of the state budget for the following year at their localities, consistent with the requirements, content, and time frame for the preparation of the state budget.

3. By July 10th each year:

a) Central ministries and agencies shall submit to the Ministry of Finance and the National Audit Office the state budget revenue and expenditure plan, allocation scheme for the following year, detailed by sector and budget unit; concurrently send to the Ministry of Science and Technology (for scientific research, technology, innovation, and digital transformation budgets), and ministries in charge of national programs (for national program budgets);

b) People's Committees at provincial level shall submit to the Ministry of Finance and the National Audit Office the state budget plan for their localities for the following year; concurrently send to the Ministry of Science and Technology (for scientific research, technology, innovation, and digital transformation budgets), and ministries in charge of national programs (for national program budgets);

c) Within seven days from receipt of the plans submitted by central ministries and agencies and provincial-level localities, where necessary, the Ministry of Finance, Ministry of Science and Technology, and ministries in charge of national programs may request additional bases, calculation grounds, and explanatory documents; relevant central ministries and agencies and provincial-level People's Committees shall complete and submit supplementary reports within seven days from the date of such requests.

4. By August 1st each year:

a) The Ministry of Science and Technology shall send to the Ministry of Finance a consolidated report, proposing an estimated total budget for scientific research, technology, innovation, and digital transformation based on the proposals from central ministries and agencies and provincial-level localities, detailing capital investment and recurrent expenditures, central government budgets and local government budgets, ensuring alignment with Party policies and national laws;

b) Ministries in charge of national programs shall send to the Ministry of Finance an estimated total budget for each program, detailing capital investment and recurrent expenditures, central government budgets and local government budgets, within the approved total budget and feasible implementation scope.

5. By August 10th each year:

a) The Ministry of Finance shall report to the Prime Minister on the projected principles, key indicators, and balanced framework for state budget revenues and expenditures for the following year;

b) The Ministry of Science and Technology (for scientific research, technology, innovation, and digital transformation fields) and ministries in charge of national programs (for national program budgets) shall send to the Ministry of Finance proposed budget allocation plans for each ministry, central agency, and province according to the forms specified in Article 18 of this Decree.

6. Central ministries and agencies and provincial-level localities are responsible for submitting their state budget plans within the timeframes set forth in Clauses 3, 4, and 5 hereof for consolidation.

7. Based on the Prime Minister's comments on the projected principles, key indicators, and balanced framework for state budget revenues and expenditures for the following year, the Ministry of Finance shall finalize the state budget report and central government budget allocation plan, to be submitted to the Government for review before September 20th in accordance with Article 46, Paragraph 2 of the State Budget Law.

8. Based on the National Assembly's scrutiny comments, the Ministry of Finance shall lead the finalization of the state budget implementation report and central government budget allocation plan, to be submitted to the Government for presentation to the National Assembly Deputies no later than twenty days before the opening of the year-end National Assembly session.

9. Based on the National Assembly's resolution on the state budget and central government budget allocation for the following year, by November 20th, the Prime Minister shall allocate revenue and expenditure budgets to each ministry, central agency, and province in accordance with Article 26, Paragraph 2 of the State Budget Law.

10. Within five working days from the date of the Prime Minister's decision on budget allocation, the Ministry of Finance shall detail the state budget tasks for each ministry, central agency, and province as per Article 27, Paragraph 6 of the State Budget Law.

In accordance with their functions and responsibilities, the Ministry of Science and Technology shall provide guidance to central ministries and agencies and provincial-level localities on the implementation of the state budget allocated by the Prime Minister, ensuring alignment with objectives, tasks, and legal provisions related to science, technology, innovation, and digital transformation.

11. Based on the Prime Minister's decision on budget allocation and that of the Ministry of Finance, People's Committees at provincial level shall submit a resolution to the same-level People's Council for approval by December 10th, setting out the state budget revenue and expenditure plan and local government budget allocations in accordance with Article 31, Clauses 1 and 2, Points b and c thereof.

Within five working days from the date of resolution by the provincial-level People's Council on the state budget, the People's Committee at that level shall allocate the following year’s revenue and expenditure budgets to each agency and unit under its jurisdiction and local government budgets, in accordance with Article 32, Paragraph 5 thereof. Simultaneously, report to the Ministry of Finance on the state budget resolution by the provincial-level People's Council and allocation by the People's Committee at that level.

12. Not later than ten days from the date when the People's Council of the province decides the budget estimate and allocates the budget, based on the decision assigning the provincial people's committee’s budget estimate, the People's Council of the commune decides the budget estimate for national budget revenues within its territory, the budget revenue and expenditure at the commune level, and allocates the budget estimate at the commune level.

Not later than five working days from the date when the People's Council of the commune decides the budget estimate, the people’s committee of the commune assigns the budget estimate for revenues and expenditures to each subordinate agency and unit, simultaneously reporting to the Department of Finance the budget estimate decided by the People's Council of the commune and assigned by the people’s committee.

Article 16. Revising the National Budget Estimate

1. The revision of the national budget estimate and the allocation plan for central budget shall be carried out in accordance with the provisions of Clause 1, Article 50 of the Law on the State Budget; the time for revising the estimate is determined by the National Assembly.

2. The revision of the local budget estimate and the allocation plan at the provincial level shall be conducted as follows:

a) In case the local budget estimate and the provincial budget allocation plan have not been decided by the People's Council of the province, the people’s committee of the province revises the budget estimate for the undetermined content, submits it to the same-level People's Council at the time determined by the People's Council, but ensuring that the decision on the budget estimate is completed before December 15;

b) In case the Prime Minister assigns the budget revenue and expenditure estimates for the next year to the provinces later than the deadline specified in Clause 5, Article 46 of the Law on the State Budget, the people’s committee of the province submits the local budget estimate and provincial budget allocation plan no later than five working days from the date of receiving the assigned budget. In case it has not been decided by the People's Council of the province, the people’s committee revises the budget estimate for the undetermined content, submits it to the same-level People's Council at the time determined by the People's Council, but ensuring that the decision on the budget estimate is completed before December 18.

3. The people’s committee of the province stipulates the time for revising the budget estimates for the commune level, ensuring that the submission, decision-making, and assignment of the budget to subordinate agencies and units receiving the assigned budget at the commune level are completed by December 31 in accordance with the provisions of Clause 8, Article 46 of the Law on the State Budget.

Article 17. Organizing Discussion of the National Budget Estimate

1. The central ministries and agencies, as well as local agencies and units, organize discussions on the national budget estimate with their subordinate agencies and units in accordance with the provisions of Clause 1, Article 48 of the Law on the State Budget.

2. Financial authorities at all levels:

a) Take the lead in organizing discussions on the annual budget estimate with agencies and units at the same level and the people’s committee of the province (for the Ministry of Finance), or the people’s committee of the commune (for provincial departments of finance) according to the content specified in Clause 2, Article 48 of the Law on the State Budget. The provincial department of finance decides the form of budget estimate discussion with the people’s committee of the commune based on the actual situation at the local level;

b) Take the lead and cooperate with relevant agencies at the same level in compiling and preparing the budget estimates and allocation plans for their own budgets, reporting to competent authorities according to the provisions of the Law on the State Budget;

c) Take the lead and cooperate with relevant agencies in proposing balanced budget schemes and measures aimed at implementing policies to increase revenue and save on state budget expenditures.

Article 18. Budget Form for State Budget

The Minister of Finance shall specify the system of budget form for preparation, construction, and consolidation of state budget, allocation of central government budget; local government budget, allocation of local government budget.

 

Chapter III

APPROVAL OF THE STATE BUDGET

 

Article 19. Allocation and Assignment of State Budget

1. After being assigned the state budget by the Prime Minister, Ministry of Finance, People's Committee, the budgetary units at central and local levels shall implement the allocation and assignment of state budget to other units ensuring the time limit and provisions stipulated in Article 52 of the Law on State Budget, send such information to the same level financial agency and national treasury for implementation. The units assigned with the state budget include:

a) Units using state budget within their management scope;

b) Government agencies, public sector entities allocated to manage infrastructure assets in accordance with laws governing the management and use of public assets; entities delegated to manage, operate, maintain infrastructure assets in accordance with relevant laws; enterprises allocated to manage infrastructure assets under non-state capital contribution forms for asset maintenance work in compliance with laws on the management and use of public assets; units assigned by competent authorities to perform tasks using state budget in accordance with the Investment Law, Construction Law, and other relevant laws;

c) Units at lower levels of the budget when authorized to implement their own expenditure tasks in accordance with paragraph 6 of Article 9 of the State Budget Law.

2. The assigned budget for units using state budget must be detailed by each field, expenditure task, ensuring consistency from the consolidation stage to the allocation and assignment stages. In cases where expenditure tasks manage budgets based on the results of their implementation, the budget must be detailed by each task, service, product; delegated expenditure tasks must be detailed by each delegated task.

3. After receiving the report with an explanation of the assigned budget from the first-level budgetary unit, the same level financial agency shall conduct a review and provide comments on the budget assigned to the units using state budget in accordance with paragraph 2 of Article 51 of the State Budget Law.

4. The Minister of Finance shall specify the specific content of reports and explanations for the allocation of budget by the first-level budgetary unit, forms for assigning budgets from the first-level budgetary unit to units using state budget, accounting and data entry of assigned budgets into the state budget management information system and national treasury.

Article 20. Organization of State Budget Collection

1. Manage and implement the collection of taxes, fees, levies, and other revenues belonging to the state budget in accordance with laws requiring direct payment into the National Treasury. In case permitted for collection through entrusted collection, it must be fully and timely paid into the National Treasury in accordance with the provisions of the Minister of Finance.

2. Non-refundable aid funds from foreign governments, organizations, or individuals to the State, Government of Vietnam, and local authorities shall be collected and remitted promptly to the state budget; where agreements or funding arrangements specify direct disbursement to programs or projects, periodic accounting must be conducted in accordance with the provisions of the Minister of Finance.

3. The National Treasury may open accounts at the State Bank of Vietnam and commercial banks to concentrate state budget revenues; fully and timely record all revenues into the budget, adjust revenues for budgets at different levels according to regulations.

4. The Minister of Finance shall specify specific provisions on organizing collection, accounting for collections, refunds, and non-refundable aid funds into the National Treasury.

Article 21. Organization of State Budget Expenditure

1. Based on the conditions for budget expenditure stipulated in Clause 2, Article 12 of the Law on State Budget, the head of the unit using the budget shall, in accordance with Clause 19, Paragraph 1 of this Decree, prepare a file requesting expenditure to be submitted to the National Treasury for payment or advance payment in accordance with regulations.

Expenditures for salaries, allowances, social assistance, scholarships and other regular monthly expenditures necessary for the operation of the agency or unit shall be made according to the budget and in line with the monthly implementation progress throughout the year; expenditures for development investment projects, state budget expenditures as stipulated in Article 40 of the Law on State Budget, and other non-regular expenditures shall be settled within the allocated budget, in accordance with the implementation schedule and relevant legal provisions.

2. Based on the file requesting expenditure submitted by the unit using the budget, the National Treasury shall examine the file, compare it with the budget already allocated to the unit, and settle the payment according to the request; it may refuse to pay expenditures not included in the budget except for advance payments of the state budget as stipulated in Article 53 of the Law on State Budget or according to Government regulations on administrative procedures under the jurisdiction of the National Treasury and on management, settlement, and final accounts of projects using public investment funds.

3. Advance payment of the state budget is carried out in accordance with Article 53 of the Law on State Budget:

a) Based on the request from the unit using the budget, the transaction National Treasury shall make advance payments for expenditures related to salaries and other allowances and business expenses as stipulated in points (a) and (b) of Clause 2, Article 53 of the Law on State Budget;

b) Based on the request from the first-level budget unit, with a written opinion from the same level finance agency regarding advance payments for expenditures as stipulated in points (d) and (j) of Clause 2, Article 53 of the Law on State Budget, submitted to the National Treasury for implementation;

c) Based on the request from people's committees at all levels, Ministry of Finance (for requests from provincial people's committees), and Department of Finance (for requests from commune people's committees) with a written opinion regarding advance payments for supplementary allocations balanced from higher-level budget to lower-level budget as stipulated in point (c) of Clause 2, Article 53 of the Law on State Budget, submitted to the National Treasury for implementation;

d) After the budget is allocated by competent authorities, the National Treasury shall make accounting entries to recover funds advanced under points (a), (b), and (c) of this clause.

4. In case agencies, organizations, or units using the budget fail to comply with reporting, settlement, financial statements, and other reports in a timely manner as required by law, the finance agency may request the National Treasury to suspend expenditure except for salaries, allowances, social assistance, scholarships, and certain essential expenditures as specified by the Minister of Finance. The finance agency shall be responsible for its decision. When suspending expenditure, the finance agency simultaneously informs the superior management authority of the agencies, organizations, or units affected.

5. Advance payment and recovery of funds for budget-using units are carried out in accordance with Clause 1, Article 58 of the Law on State Budget.

In case all advance payments have not been recovered by the end of the settlement period, the handling of any remaining balance is conducted in accordance with point (c), paragraph 3 of this Decree.

6. For development investment expenditures:

a) Expenditures for programs, projects, and tasks falling under public investment, excluding those specified in points (b) and (c) of this clause, are carried out in accordance with Government regulations on managing, settling, and finalizing project expenditures using public investment funds;

b) Expenditures to compensate interest rates and management fees for policy banks are made within the allocated budget, according to implementation progress and relevant legal provisions;

c) Expenditures to provide capital contributions to policy banks, state financial institutions outside the budget, and support investments in other entities as decided by the Government or Prime Minister are carried out within the allocated budget, according to implementation progress and relevant legal provisions;

d) Other development investment expenditures are made within the allocated budget, according to implementation progress and relevant legal provisions.

7. For expenditures managed based on task performance results:

Based on the allocated budget, contracts, agreements already signed, implementation schedule of tasks, services, products, and achievement levels of approved result indicators as reviewed by the agency assigning the task, the head of the unit using the budget prepares a file requesting expenditure to be submitted for payment or advance at the National Treasury where transactions occur in accordance with prescribed procedures.

8. For expenditures from foreign government loans or grants under an agreement or funding arrangement that specifies disbursement through a bank to transfer funds directly to programs, projects, if allocated in the development budget, they are carried out according to Government regulations on managing, settling, and finalizing project expenditures using public investment funds; if allocated in the regular budget, based on the request from the unit using the budget, the National Treasury shall make accounting entries for state budget revenues and expenditures in accordance with regulations.

9. For supplementary expenditures from higher-level budgets to lower-level budgets, the subordinate finance agency shall withdraw the budget at the National Treasury.

10. For national reserve funds, they are implemented in accordance with legal provisions on national reserves and other relevant legal provisions.

Article 11. The Minister of Finance shall specify and guide the procedures, formalities, documentation for requesting disbursement, accounting, payment with respect to investment development expenditures, national reserve expenditures, expenditures from borrowed or foreign aid funds, delegated expenses, and supplementary budgetary allocations from higher-level budgets to lower-level budgets; specify in detail the implementation of state budget accounting work.

Article 22. Organization of State Budget Management

Paragraph 1. Financial agencies shall ensure sources for timely payment of expenditures as per the budget. In case of temporary shortfall in the state budget fund, it shall be handled as follows:

a) For the central state budget fund: The Ministry of Finance may advance from the central financial reserve fund, national treasury funds, and other lawful financial resources to address the situation. If these funds are insufficient, the Ministry of Finance shall report to the Prime Minister for decision on advancing from the State Bank of Vietnam in accordance with paragraph 1 of Article 60 of the Law on State Budget;

b) For provincial state budget fund: The provincial Department of Finance shall submit to the People's Committee of the province for examination and decision on advancing from the provincial financial reserve fund and other lawful local financial resources. In case after such advances, there is still a shortfall, the People's Committee of the province may request the Ministry of Finance to advance from the central financial reserve fund, central budget, and other lawful central financial resources. The amount advanced must be repaid within the time limit decided by the competent authority and no later than 12 months from the date of advance;

c) For commune state budget fund: Based on the request of the People's Committee of the commune, the provincial Department of Finance shall submit to the People's Committee of the province for decision on advancing funds to the commune budget from the provincial financial reserve fund, provincial budget, and other lawful local financial resources. The amount advanced must be repaid within the time limit decided by the competent authority and no later than 12 months from the date of advance;

Paragraph 2. Procedures and formalities for adjusting revenue and expenditure tasks during the execution of state budget:

a) In case of adjustment to the central government's revenue and expenditure budget of some central ministries, agencies, and certain provinces or cities without increasing the total borrowing limit or fiscal deficit as per paragraph 2 of Article 54 of the Law on State Budget, the Ministry of Finance shall take the lead in formulating an adjustment plan, submit it for decision by the Government, regularly report to the Standing Committee of the National Assembly, and report to the National Assembly at the nearest session;

b) In case of adjusting local government revenue and expenditure budget as per paragraph 3 of Article 54 of the Law on State Budget, the local financial agency shall take the lead in formulating an adjustment plan for local government revenue and expenditure budget, submit it to the same level People's Committee for decision, regularly report to the Standing Committee of the People's Council, and report to the same level People's Council at the nearest session.

Paragraph 3. Adjustment of budgets already allocated to using agencies shall be carried out in accordance with Article 55 of the Law on State Budget.

Paragraph 4. In case of investment expenditures for programs or projects utilizing ODA funds or preferential loans from donors not included in the budget or exceeding the budgeted amount, the Ministry of Finance shall take the lead in submitting a report to the Government for decision before implementation and report to the National Assembly at the nearest session.

Paragraph 5. Utilization of financial reserve funds shall be carried out in accordance with Article 10 of this Decree.

Article 23. Principles, Criteria, and Conditions for Advance Appropriation of Next Year's Budget

1. Principles for Advance Appropriation of Next Year's Budget:

a) The budgets at all levels may be advanced from next year's budget to implement important and urgent programs, tasks, and projects that have been decided by the competent authority in accordance with legal provisions to ensure project implementation progress, savings, and efficiency;

b) The maximum advance appropriation of next year's budget shall not exceed 30% of the total budgeted expenditure for the program, task, or project. In cases where programs, tasks, or projects are part of the medium-term investment plan, the advance appropriation from next year's budget must not exceed the total medium-term planned capital minus the annual budget already disbursed during the medium-term period;

c) When allocating next year's budget, the competent authority shall ensure that sufficient funds advanced are recovered; in cases where such allocation is not made or insufficient to recover all advanced funds, no further advance appropriation from next year's budget may be provided to units with remaining advances.

2. Criteria for Advance Appropriation of Next Year's Budget:

a) Programs, tasks, and investment projects that have been approved by the competent authority, are ready to implement according to legal provisions on public investment, construction, state budget, and related laws, requiring accelerated implementation;

b) Urgent and important regular expenditure tasks that have been approved or have received approval for immediate execution but have not yet been allocated a budget or insufficiently allocated.

3. Conditions for Advance Appropriation of Next Year's Budget:

a) Ensuring balanced state budget funds at each level;

b) Agencies, units, and project owners must submit documentation and reports explaining the necessity of advance appropriation, commit to implementing the budgeted expenditure, and bear responsibility for proposing such requests;

c) Programs, tasks, and projects utilizing public investment capital must be part of the medium-term investment plan, except where programs, tasks, or projects are not required to be included in the medium-term investment plan according to the Public Investment Law.

4. Based on proposals from central ministries, agencies, and provincial people's committees, the Ministry of Finance shall lead in submitting decisions for advance appropriation of next year's central budget to the Government; compile and report to the Standing Committee of the National Assembly, along with reports on budget implementation.

5. Based on proposals from local agencies, units, and local finance authorities, they shall lead in submitting decisions for advance appropriation of next year's budget at their level to the respective people's committees; report to the standing committee of the people's assembly and the same-level people's assembly along with reports on budget implementation.

Article 24. Allocation of Budget for Items Not Detailedly Allocated at Year-End

1. The budget not detailedly allocated at year-end as specified in point a, clause 5 of Article 19 and point a, clause 2 of Article 31 of the State Budget Law is part of the state budget that has been decided by the National Assembly or people's assemblies at various levels but

does not meet the conditions to be detailedly allocated to agencies using the budget and lower-level budgets at the time of year-end budget allocation, including:

a) Funds for implementing policies, systems, programs, tasks managed by central ministries, sectors that require further legal basis or guidance to implement;

b) Funds for implementing policies, systems to be issued in the year's budget under the authority of provincial people's assemblies as per point l, clause 9 of Article 31 of the State Budget Law but not yet issued at the time of year-end budget allocation;

c) Funds for tasks that have been approved by competent authorities for implementation but do not meet the documentation and conditions to be detailedly allocated from the beginning of the year;

d) Funds for tasks with defined standards, criteria but where specific beneficiaries cannot be determined at the time of budget preparation.

2. Based on approval from the competent authority regarding policies, systems, programs, tasks already allocated from the unallocated detailed budget and implementation progress, the agency using the budget shall submit a request to supplement funds with detailed explanations of expenditure content and relevant documents to the I-level budget agency for compilation and reporting to the same-level finance department; separately report to the science and technology agency if it pertains to scientific research, innovation, creative transformation, and digitalization.

3. Based on requests from the I-level budget agency and the science and technology agency at the same level, the Ministry of Finance shall be responsible for reviewing, compiling, reporting to the Prime Minister, and local finance departments at all levels shall review, compile, report to their respective people's committees for consideration and decision-making on allocating funds from the unallocated detailed budget to supplement tasks under their responsibility.

4. For tasks that fall within the responsibilities of higher-level budgets, the commune people's committee reports to the provincial finance department for compilation and submission to the provincial people's committee for examination and handling using the unallocated detailed budget at the provincial level; the provincial people's committee reports to the Ministry of Finance for compilation and submission to the Prime Minister for consideration and handling from the unallocated detailed budget at the central level.

5. After receiving approval from the competent authority, the I-level budget agency shall promptly allocate and detail the budget to subordinate units ensuring alignment with objectives, expenditure content, and implementation timelines as per Articles 51 and 52 of the State Budget Law.

6. The process for requesting supplementary funds follows the budget preparation procedures specified in Article 13 of this Decree.

Article 25. Use of Contingency Fund of the State Budget

2. The decision-making authority on using the contingency fund of the state budget is as stipulated in Clause 4 of Article 10 of the Law on State Budget.

3. In the process of implementing the state budget, when there arises a task falling under the contents of expenditure from the contingency fund as provided for in Clause 1 of this article, ministries, agencies at the central level, and local authorities shall compile and submit supplementary budget proposals with detailed explanations requesting supplementation from the contingency fund and bear legal responsibility for their proposals:

a) For the central government's contingency fund, based on the requests from ministries, agencies at the central level, and localities, the Ministry of Finance shall take the lead in compiling and submitting to the Prime Minister for examination and decision-making on supplementary budget implementation;

b) For the contingency funds of lower levels, based on the requests from authorities, units, financial authorities, the people's committee at the same level shall decide on the supplementary budget implementation.

4. The central government budget is allocated to programs, tasks, and projects outside the medium-term investment plan in accordance with Article 27 of this Decree.

5. Quarterly, no later than 20 days after the end of each quarter, the Ministry of Finance shall report to the Government for reporting to the Standing Committee of the National Assembly on the use of the central government's contingency fund; report to the National Assembly at the nearest session; people's committees shall report to the standing committee of the People's Council on the use of local government's contingency funds and report to the People's Council at the nearest session.

Article 26. Allocation and Use of Increased Revenue over Budget or Remaining Budget

1. For the central budget:

By February 28th each year, the Ministry of Finance shall take the lead in coordinating with relevant agencies to compile and develop a plan for using increased revenue over the budget or remaining budget from the previous year's central budget, submit it to the Government for examination and decision-making, and report the results of implementation to the National Assembly at the nearest session.

2. For local budgets:

By February 28th each year, the financial authorities of localities shall take the lead in coordinating with relevant agencies to develop a plan for using increased revenue over the budget or remaining budget from the previous year's own budget, submit it to the people's committee at the same level for decision-making and report the results of implementation to the standing committee of the People's Council at the nearest session.

3. In case there is an adjustment in the budget revenue according to Article 54 of the Law on State Budget during the fiscal year, the compilation, allocation, and reporting of the use of increased revenue over the budget as stipulated in Clause 1 and Clause 2, Clauses a and b of Clause 5 of this article must ensure that there is no overlap with the contents already allocated and used during implementation according to decisions by competent authorities.

4. The procedures and processes for allocating funds for programs, tasks, and projects outside the medium-term investment plan are carried out in accordance with Article 27 of this Decree.

5. Annual Excess Revenue Award:

a) The award for excess revenue from revenues shared between the central government budget and local government budgets as stipulated in Item a, Clause 3 of Article 61 of the Law on State Budget is implemented when the central government does not fall short of its budget and the locality has actual revenue higher than the budget due to assignments by the Prime Minister and Ministry of Finance but not exceeding the increase in revenue compared to the previous year's implementation;

b) The award for excess revenue from export duties, import duties as stipulated in Item b, Clause 3 of Article 61 of the Law on State Budget is implemented based on the difference between actual revenue and budgeted revenue assigned by the Prime Minister and Ministry of Finance but not exceeding the increase in revenue compared to the previous year's implementation;

c) Based on the level of award determined by the Government, the people's committee at the provincial level shall decide on the use of the awarded amount according to Item c, Clause 3 of Article 61 of the Law on State Budget.

6. At the end of the fiscal year, based on the ability to balance the budget at each level, higher-level budgets will consider supporting lower-level budgets in handling revenue shortfalls under the following circumstances:

a) Actual revenue is lower than the budget due to objective reasons such as natural disasters, emergencies, epidemics, changes in national policies that reduce revenue, or other special cases decided by the Government;

b) Lower-level budgets have already adjusted and reduced expenditure tasks according to Clause 1 of Article 61 of the Law on State Budget and have used all legal financial resources to the maximum extent but still cannot ensure balanced local budget;

c) The people's committee at the provincial level compiles and reports the shortfall, reasons, and measures for handling in accordance with Items a and b of this clause, sends it to the Ministry of Finance for compilation and submission to the Government for examination and decision-making on support from the central government budget; the people's committee at the commune level submits its report to the provincial finance department for compilation and submission to the people's committee at the provincial level for examination and decision-making on support from the provincial budget.

c) The People's Committee at the provincial level shall compile and report on shortfalls in revenue, their causes, and measures for handling them in accordance with points a and b of this clause, sending such reports to the Ministry of Finance for compilation and submission to the Government for consideration and decision-making regarding central government budgetary support; the People's Committee at the district level shall submit reports to the Department of Finance for compilation and submission to the provincial People's Committee for consideration and decision-making on provincial budgetary support.

Article 27. Allocation and Utilization of Budgetary Contingency Fund, Surplus Revenue over Budgeted Estimate, and Remaining Budget for Programs, Tasks, and Projects Outside the Medium-Term Public Investment Program

1. Principles of Allocation and Utilization:

a) In accordance with the provisions of Article 10 and Article 61 of the National Budget Law regarding authority, objectives, scope, and beneficiaries;

b) Prioritizing allocation of funds that are focused, frugal, effective, and ensuring balanced resource mobilization while maintaining transparency and openness;

c) Localities receiving financial support from higher-level budgets must ensure adequate funding from their own budget sources and other legitimate financial resources to complete the programs, tasks, and projects in accordance with approved investment targets and timelines.

2. Allocation and Utilization of Budgetary Contingency Fund for Programs, Tasks, and Projects Outside the Medium-Term Public Investment Program:

Based on the provisions of Article 10 of the National Budget Law; taking into account the proposals and responsibilities of agencies, units, and localities as stipulated in Paragraphs 1 and 2 of this Decree's Article 25, the Ministry of Finance shall compile and submit to the Prime Minister (for central budget) or the local finance agency for submission to the People's Committee (for local budget) a decision on utilizing their own budgetary contingency fund to allocate funds to agencies, units, and localities according to total amounts or detailed allocations for programs, tasks, and projects.

3. Allocation and Utilization of Surplus Revenue over Budgeted Estimate and Remaining Budget for Programs, Tasks, and Projects Outside the Medium-Term Public Investment Program:

Based on proposals from agencies, units, and localities, the Ministry of Finance (for central budget) or the local finance agency (for local budget) shall compile a funding allocation plan for programs, tasks, and projects outside the medium-term public investment program within their surplus revenue over budgeted estimate and remaining budget according to the provisions of Paragraphs 1 and 2 of this Decree's Article 26.

Based on the Government’s decision on the use of surplus revenue and remaining budget estimates for the central budget, the Ministry of Finance shall submit to the Prime Minister a decision allocating funds to each ministry or agency at the central level and each province or city according to total amounts or detailed allocations for programs, tasks, and projects.

4. Procedures, approval processes, investment decisions, implementation of programs, tasks, and projects shall be carried out in accordance with laws on public investment and relevant laws.

5. Management, settlement, and final accounting of funds for the implementation of programs, tasks, and projects in accordance with current laws.

Article 28. Opening an Account at the State Treasury

1. Units using budgetary resources and organizations receiving financial support from the state must open accounts at the State Treasury and be subject to scrutiny by finance agencies and the State Treasury during payment and expenditure processes. In cases where units using budgetary resources or organizations receiving financial support are permitted to open accounts at banks for concentrating certain receipts, they must manage and utilize funds in accordance with relevant laws.

2. The Minister of Finance shall issue detailed regulations and guidelines on opening and utilizing accounts at the State Treasury.

Article 29. Reporting System

1. State agencies, organizations, and units shall report on the implementation of state budget execution in accordance with the provisions of Article 62 of the Law on State Budget.

2. The Minister of Finance shall prescribe the format and deadlines for reporting applicable to reports specified in paragraphs 1, 2, 3, 4, 5, 6, and 7 of Article 62 of the Law on State Budget.

3. The format and deadlines for reporting applicable to reports specified in paragraph 8 of Article 62 of the Law on State Budget shall be implemented in accordance with a Resolution of the Standing Committee of the National Assembly on the issuance of regulations for budget preparation, review, submission to the National Assembly for decision-making on state budget revenue and expenditure plans, allocation of central government budget, and approval of final accounts.

 

Chapter IV

STATE BUDGET ACCOUNTING AND SETTLEMENT

 

Article 30. Closing Accounts and End-of-Year State Budget Revenue and Expenditure Processing

1. At the end of the state budget year, relevant state agencies, organizations, and units shall close their accounting books and process end-of-year state budget revenue and expenditure in accordance with the requirements specified in paragraphs 2 and 3 hereof.

2. During the period of finalizing the settlement as provided in paragraph 2 of Article 66 of the Law on State Budget, state agencies, organizations, and units at all levels shall perform the following:

a) Continue accounting for state budget revenue and expenditure incurred from January 31 onwards but with documents still in transit;

b) Account for state budget expenditures for provisional payments that meet the conditions for payment, as well as payments for work or volume completed from January 31 onwards which were assigned in the state budget plan;

c) For units implementing a self-financing mechanism of public sector enterprises and the regime of self-responsibility regarding staffing and administrative expenses management, accounting shall be conducted for expenditures from savings in administrative expenses and distribution of financial results from the previous year;

d) Adjust any errors in the accounting of state budget revenue and expenditure.

3. The closing of accounts must meet the following requirements:

a) Revenue from the state budget of previous years, but paid after January 1 of the subsequent year, shall be accounted for and settled as revenue of the subsequent year, except for revenue specified in paragraph 2(a) hereof;

b) After the finalization period for the settlement of the state budget ends, any unexecuted or unused expenditure budgets, including those supplemented during the year, must be canceled, unless transferred to the next year according to Article 31 of this Decree;

c) For provisional payments made in accordance with regulations that remain unsettled by the end of the finalization period for the state budget settlement:

For unrecouped provisional capital investment funds, they shall be transferred to the next year for management and recoupment, and settlement of completed work volumes. If not transferred, the unit shall return the state budget before February 15 of the following year; after this period, the State Treasury shall recover the provisional payment by deducting from the corresponding expenditure field in the next year's state budget plan of the unit; if the next year's budget does not allocate funds for that expenditure field or allocates less than the amount to be recovered, the State Treasury shall notify the same-level finance department to handle it;

For provisional payments for ongoing contract tasks or expenditures transferred to the next year according to Article 31 of this Decree, the remaining provisional payment balance shall be managed and recouped, and settled with completed work volumes. If not transferred, the unit shall return the state budget before February 15 of the following year; after this period, the State Treasury shall recover the provisional payment by deducting from the corresponding expenditure field in the next year's state budget plan of the unit; if the next year's budget does not allocate funds for that expenditure field or allocates less than the amount to be recovered, the State Treasury shall notify the same-level finance department to handle it;

d) Provisional receipts and provisional withholdings shall be processed in accordance with decisions by competent authorities. For any balance remaining on provisional receipt accounts as of December 31 of the budget year without a decision from the competent authority for processing, they shall be transferred to the next year for follow-up processing according to legal provisions;

d) Inventories of materials and goods at units in the budget plan up to December 31 of the budget year shall be inventoried in accordance with regulations and handled as follows: The value of purchased inventory items is settled into state budget expenditures for the budget year in accordance with regulations; if used for the next year, the unit closely monitors usage and reports separately; if not used, a liquidation committee is formed to sell and remit funds to the state budget, subject to legal provisions for public sector enterprises;

e) By December 31, the balance in the account of state budget funds held by units in the budget plan at the State Treasury shall continue to be utilized during the finalization period; if still remaining after this period, it shall be returned to the state budget, except where a task is transferred to the next year according to Article 31 of this Decree.

The balance on non-state budget account funds shall be used in accordance with relevant legal provisions for the next year.

Article 31. Transfer of Budget Sources from the Previous Year to the Next Year

1. By the end of the finalization period for the settlement, any budget estimates for state budget expenditures (including those unallocated at the budget level, provisional allocations in the budget, and balances in state budget deposit accounts) that have not been fully executed or are not exhausted shall be transferred to the next year for continued use, including:

a) Budget estimates supplemented by the Prime Minister and local people's committees after September 30 of the implementation year, except where the expenditure tasks have expired;

b) Expenditures on development investment that will be transferred to the next year in accordance with the provisions of the Law on Investment when the investment plan is extended and disbursed according to the regulations of the Law on Investment;

c) National target programs currently being implemented under a resolution of the National Assembly but not exceeding December 31 of the following year;

d) Expenditures for purchasing goods, services (including leasing goods, services), maintenance, renovation, upgrading, expansion, and construction of project components in projects that have completed their procurement procedures, signed contracts or completed bidding processes before December 31 of the implementation year in accordance with the law on tendering;

d) Sources for implementing salary policies, allowances, subsidies, and amounts calculated based on salaries; sources for implementing social security policies;

e) Autonomous funding allocated to public sector units and state organs;

g) Expenditures for science, technology, innovation, and digital transformation;

h) Expenditures for national reserves;

i) Aid expenditures for foreign governments that have been assigned budget estimates by competent authorities;

k) Funds from non-reimbursable aid of foreign governments, organizations, or individuals to the State, Government of Vietnam, and local governments, voluntary contributions from domestic and international organizations and individuals that have specific tasks assigned for expenditure;

l) Funds required to be returned to higher-level budgets according to the conclusions and recommendations of auditing and inspection agencies.

2. Any increased revenue over budget estimates and remaining budget estimates at the budget level may be used in accordance with the provisions of paragraph 2 of Article 61 of the State Budget Law, provided that a plan for such use has been decided by competent authorities to be implemented in the next year.

3. The Minister of Finance shall specify specific procedures and formalities for processing, accounting, and transferring budget sources to the next year.

Article 32. Requirements, Procedures for Reviewing, Consolidating, and Reporting State Budget Settlements

1. The preparation of state budget settlements must comply with the requirements specified in Article 67 of the State Budget Law.

2. For units using state budget funds that manage budgets based on the results of task execution, they shall prepare a budget settlement report according to the prescribed system and submit it to the higher-level budget allocation unit or the unit assigned the budget. In cases where lower-level agencies receive delegated funding from higher-level authorities, they shall report the delegated funding portion to the higher-level authority.

3. Procedures for reviewing, consolidating, and reporting state budget settlements of budget allocation units:

a) Budget using units prepare a budget settlement report according to the prescribed system and submit it to the higher-level budget allocation unit or the unit assigned the budget. In cases where lower-level agencies receive delegated funding from higher-level authorities, they shall report the delegated funding portion to the higher-level authority that has delegated the funds;

b) The review of settlements is conducted in accordance with the provisions of paragraph 2 of Article 69 of the State Budget Law;

c) Higher-level budget allocation units or budget assigning units conduct reviews, issue approval notifications for budget settlement reports of budget using units under their jurisdiction and those assigned budgets according to the provisions of paragraph 1 of Article 51 of the State Budget Law;

d) Higher-level budget allocation units consolidate budget settlement reports of budget using units within their jurisdiction that have been reviewed in accordance with the provisions of paragraph 2 of Article 69 of the State Budget Law and submit them to higher-level budget allocation units; for first-tier budget allocation units, they consolidate settlements from subordinate units and those assigned budgets and send them to the same level financial authorities;

d) Financial authorities at all levels check the budget settlement reports of first-tier budget allocation units for completeness and accuracy between the settlement data and confirmations by the State Treasury; consolidate annual settlements of first-tier budget allocation units under their own budget and those from lower-level budgets. In cases where a first-tier budget allocation unit is also a budget using unit, it prepares a settlement report to be checked against the confirmation by the State Treasury for completeness and accuracy between the settlement data. The head of the unit is responsible for the budget settlement of his or her unit.

4. Procedures for preparing, reviewing, and consolidating budgets for programs, projects, and investment development tasks, major national projects, and national target programs:

a) Program managers, project leaders, and task executors must report on the use of funds, budget expenditures, usage status, value of completed work, and settlement reports for each year to the funding disbursement agency, higher-level authorities, and same-level financial authorities. Upon completion of projects, they shall prepare comprehensive settlement reports for all funds used, including budget expenditures, along with a statement explaining fund usage and submit them to the funding disbursement agency and competent authorities responsible for reviewing such reports;

b) Units assigned budgets for national target programs shall report on their allocated budget expenditures according to regulations while simultaneously reporting to higher-level authorities to consolidate reports for the managing authority of the national target program.

c) For national target programs and major national projects decided by the National Assembly to invest in, in addition to the provisions at points a and b of this clause, the program or project subject shall prepare a final account report for submission to the Government for examination before presenting it to the National Assembly.

5. Procedure for final accounting of local budget:

a) The People's Committee of the locality shall prepare the final accounts of national budget revenues within its jurisdiction and the final accounts of local budget revenues and expenditures, report such accounts to the Standing Committee of the People's Council at the same level for comments by March 10th of the following year, and adopt and finalize these reports before submitting them to the People's Council at the same level for examination and approval. At the same time, they shall send copies to the Department of Finance.

b) The People's Council of the locality shall examine and approve the final accounts report of its own local budget by March 31st of the following year, and submit it to the People's Committee at the provincial level no later than five working days after the approval of the final accounts report.

6. Procedure for final accounting of provincial budget:

a) The Department of Finance shall compile the final accounts of local budgets that have been approved by the People's Councils at the localities, verify the final accounts of first-level budget units under the provincial budget regarding the completeness and accuracy of data in the final accounts compared to the confirmation from the State Treasury; compile the final accounts of other first-level budget units under the provincial budget; prepare a report on the final accounting of national budget revenues within its jurisdiction and the final accounts of local budget revenues and expenditures, submit such reports to the People's Committee at the province for forwarding to the Ministry of Finance and the National Audit Office by May 1st of the following year.

b) The People's Committee at the provincial level shall report the final accounting of the provincial budget to the Standing Committee of the People's Council at the same level for comments, adopt and finalize these reports before submitting them to the People's Council at the province for approval of the provincial budget by July 1st of the following year.

7. Procedure for final accounting of national budget:

a) First-level budget units under the central budget shall prepare a report on the final accounts of budget revenues and expenditures within their jurisdiction, send such reports to the Ministry of Finance and the National Audit Office by July 5th of the following year.

b) The People's Committee at the provincial level shall submit the final accounting report of the local budget that has been approved by the People's Council at the province to the Ministry of Finance and the National Audit Office by July 5th of the following year.

c) Based on the results of examination, compilation with respect to the final accounts of first-level budget units under the central budget and the final accounting reports of local budgets that have been approved by the People's Council at the province, the Ministry of Finance shall compile and prepare a report on the final accounting of national budget for submission to the Government and forwarding to the National Audit Office no later than August 15th of the following year.

d) The Government shall submit the final accounting report of the national budget to the Standing Committee of the National Assembly by September 20th of the following year for comments, adopt and finalize it before submitting it to the National Assembly.

d) Procedures and formalities for auditing by the organs of the National Assembly in approving the final accounts of the national budget shall be carried out according to the Resolution of the Standing Committee of the National Assembly on promulgating regulations on compiling, auditing, and submitting the draft state budget to the National Assembly for decision-making, allocation plan of central budget funds, and approval of the final accounting of the national budget.

e) The National Assembly shall examine and approve the final accounts of the national budget no later than 12 months after the end of the budget year.

8. After the provincial budget and local budget final accounts approved by the People's Councils, and the national budget final account approved by the National Assembly, in case of discovering discrepancies in budget revenues and expenditures not in accordance with regulations, including audit recommendations, such cases shall be handled according to the provisions at paragraph 8 of Article 67 of the Law on State Budget and incorporated into the final accounts for that year: any unregulated budget revenues or expenditures discovered in a given year will be included in the final account of national budget revenues for that year; any refunds identified in a given year will be included in the final account of national budget expenditures for that year, without adjusting the approved final accounts of the national budget by the National Assembly and People's Councils at all levels.

Article 33. Handling of Budget Surplus

1. The central budget surplus and the provincial budget surplus as defined in Clause 15, Article 4 of the National Budget Law shall be determined after the end of the budget year based on a comparison between the total revenue exceeding the total expenditure of the national budget excluding borrowings and expenditures from borrowing sources, including principal repayment.

2. The handling of the budget surplus is carried out in accordance with Clause 1, Article 74 of the National Budget Law after the National Assembly and local People's Councils have approved the budget settlement, specifically:

a) The central budget surplus and provincial budget surplus are used to repay principal on national budget borrowings for which allocation was not made or was insufficient at the beginning of the year; 50% of the remaining surplus is allocated to the financial reserve fund at the same level, while the other 50% is recorded as revenue in the next fiscal year. If the financial reserve fund has already reached 25% of the annual budget allocation, the remaining surplus will be recorded as revenue for the next fiscal year;

b) The provincial budget surplus is recorded as revenue for the next fiscal year.

Article 34. Budget Settlement Report Forms

1. The national budget settlement report form submitted to the National Assembly by the Government shall be implemented in accordance with the Resolution of the Standing Committee of the National Assembly on the regulations for preparing, reviewing, and submitting the national budget draft and the central budget allocation plan, as well as approving the budget settlement.

2. The Minister of Finance shall specify the details of the national budget settlement report form.

 

Chapter V

PUBLIC DISCLOSURE OF THE NATIONAL BUDGET AND COMMUNITY SUPERVISION OVER THE NATIONAL BUDGET
Article 35. Scope and Subjects for Public Disclosure of the National Budget

 

1. The scope of disclosure includes:

a) The national budget draft submitted to the National Assembly, People's Council; the national budget already decided by competent authorities; reports on the implementation of the national budget; budget settlements approved by the National Assembly and People's Council;

b) Budget drafts, implementation status, and settlement reports for budgetary units and organizations receiving support from the national budget;

c) Financial plans, implementation status, and settlement reports for financial funds outside the budget managed at the central level;

d) Disclosure in public works as prescribed by Article 15 of the Public Works Law;

e) Data and explanatory reports on disclosed budget documents excluding detailed data, explanatory reports related to defense, security, national reserves, and information, data provided for budget allocation under state secrecy laws.

2. Subjects required to disclose the national budget include:

a) All levels of government budgets;

b) Budgetary units;

c) Organizations receiving support from the national budget;

d) Financial funds outside the budget managed at the provincial level.

3. Subjects required to disclose budget procedures include:

a) Revenue collection agencies;

b) Finance departments;

c) State treasuries.

Article 36. Responsibilities of Agencies and Units in Disclosing the National Budget

1. The Ministry of Finance shall disclose the following:

a) Data and explanatory reports on national budget drafts, central budget allocations submitted to the National Assembly; financial plans for non-budgetary state financial funds managed at the central level;

b) Data and budget allocation already decided by the National Assembly and assigned by the Prime Minister;

c) Data and explanatory reports on the implementation of the national budget (quarterly, semi-annually, annually) reported to the Government;

d) Data and explanatory reports on the approved national budget settlements.

2. People's Committees at provincial level shall disclose or delegate the Provincial Department of Finance to disclose the following:

a) Data and explanatory reports on local budget drafts, central budget allocations submitted to the provincial People's Council for decision; financial plans for non-budgetary state financial funds managed at the provincial level;

b) Data and budget allocation already decided by the provincial People's Council and assigned by the provincial People's Committee;

c) Data and explanatory reports on the implementation of local budgets (quarterly, semi-annually, annually) reported to the provincial People's Committee;

d) Data and explanatory reports on approved local budget settlements.

3. People's Committees at the commune level shall disclose the commune budget, financial activities at the commune level, and direct support from the national budget to residents in their jurisdiction:

a) Data and explanatory reports on commune budget drafts, other financial plans submitted to the commune People's Council;

b) Data and budget allocation already decided by the commune People's Council;

c) Data and explanatory reports on the implementation of the commune budget (quarterly, semi-annually, annually);

d) Data and explanatory reports on approved commune budget settlements, results of financial activities at the commune level reported to the commune People's Council;

e) Direct support from the national budget for residents in their jurisdiction, including: State policies and support programs; procedures and processes for review and payment; results of review and payment for beneficiaries.

4. Budgetary units shall disclose the following:

a) Data and explanatory reports on the national budget revenue and expenditure allocations received from competent authorities and other funding sources (if applicable); implementation status of the national budget (quarterly, semi-annually, annually); approved national budget settlements; receipt, management, and utilization of donor funds and voluntary contributions.

For expenditures managed based on task completion results, in addition to the disclosures required above, the budgetary unit must disclose reports on achievements and the extent of completion of assigned targets, indicators, quality, quantity of public services.

5. Various organizations receiving state budget support are required to publicly disclose their state budget revenue and expenditure forecasts allocated by competent authorities as well as other funding sources (if any); the implementation status of state budget revenue and expenditure forecasts for three months, six months, nine months, and annually; financial statements on revenues and expenditures, contributions from organizations and individuals; the basis for determining the level of support and the amount of state budget funds provided to the unit.

6. State financial funds outside the state budget are required to publicly disclose: Financial plans allocated by competent authorities, including supplementary and adjusted plans (if any); implementation status of financial plans for six months and annually; annual financial statements approved by competent authorities.

Article 37. Timing of Public Disclosure of the Budget

1. State budget revenue and expenditure forecasts, as well as annual budget allocation schemes submitted to the National Assembly or People's Council must be publicly disclosed no later than five working days after the opening of the National Assembly or People's Council session.

2. State budget revenue and expenditure forecasts, as well as annual budget allocation schemes decided by competent authorities; final state budget revenue and expenditure for the year approved by competent authorities must be publicly disclosed no later than thirty days from the date when the approval document is issued.

3. The implementation status of the state budget for three months, six months, nine months, and annually must be publicly disclosed no later than ten days after the end of the reporting period; the implementation status of the state budget for the year must be publicly disclosed no later than ten days from the date when the report is submitted to competent authorities.

4. Documents related to policies and direct support measures provided by the State to residents in the area must be publicly disclosed no later than three working days after receipt by the local People's Committee; results of the examination, approval, and payment for beneficiaries of state policies and programs as per regulations must be publicly disclosed no later than thirty days from the date when the local People's Committee approves and pays.

5. State financial funds outside the budget must disclose their financial plans and final financial statements no later than ten days after receipt or approval by competent authorities; they must also disclose implementation status of finances for six months and annually no later than ten days from submission to competent authorities.

6. Budget procedures must be publicly disclosed no later than five working days after issuance by the competent authority.

Article 38. Forms, Indicators, Templates, and Reporting Procedures for Public Disclosure of State Budget

1. The form of public disclosure of state budget is carried out in accordance with the provisions at point b of clause 1 of Article 15 of the Law on State Budget.

2. The Minister of Finance shall specify specific indicators, templates, and reporting procedures for public disclosure of state budget.

Article 39. Responsibilities of Government Agencies in Monitoring and Supervising Public Disclosure of the State Budget

1. The Ministry of Finance is responsible for monitoring and supervising the public disclosure of budgets by central ministries and agencies, as well as provincial people's committees; in case of non-compliance or improper public disclosure as per Articles 35, 36, and 37 of this Decree, it shall issue a document requesting timely rectification or publicly list the organizations and units involved based on the nature and severity of the violation.

2. Central ministries and agencies are responsible for monitoring and promptly addressing any non-compliance or improper public disclosure by their subordinate organizations and units.

3. People's Committees are responsible for monitoring and supervising the public disclosure of budgets by subordinate organizations and local people's committees (for provincial-level People's Committees); in case of non-compliance or improper public disclosure, they shall issue a document requesting timely rectification or publicly list the organizations and units involved based on the nature and severity of the violation.

Article 40. Community Oversight of State Budget

1. Community oversight of the state budget is an activity carried out by local National Assembly Committees in accordance with the provisions of Clause 1, Article 16 of the Law on State Budget and the Law on the National Assembly Committee, as well as the social supervision regulation of the National Assembly Committee.

2. The forms of oversight are conducted in accordance with the provisions of the Law on the National Assembly Committee and relevant laws.

3. The agencies, organizations, units subject to oversight, and related agencies have the responsibility to:

a) Provide full and timely information and documents related to the content of the oversight as requested by local National Assembly Committees or member organizations of local National Assembly Committees;

b) Examine, resolve, explain, and respond to the suggestions of the people, local National Assembly Committees, or member organizations of local National Assembly Committees within their delegated authority; in cases exceeding their authority, promptly report to the competent agency for examination and resolution;

c) Publicize the results of resolving, explaining, and responding to the suggestions of the people, local National Assembly Committees, or member organizations of local National Assembly Committees related to the content of the oversight.

 

Chapter VI

USE OF LOCAL INVESTMENT DEVELOPMENT FUNDS FOR INFRASTRUCTURE PROJECTS
IN THE TERRITORY BELONGING TO THE SPENDING RESPONSIBILITY OF
SUPERIOR LEVEL BUDGET; SUPPORT FOR OTHER LOCALITIES
INVESTING IN KEY PROJECTS, REGIONAL LINKAGE, NATIONAL AND INTERNATIONAL
PROJECTS WITH WIDESPREAD IMPACT, CREATING ECONOMIC-SOCIAL DEVELOPMENT
MOTIVATION AND OTHER IMPORTANT MISSIONS
Article 41. Implementation Principles
1. Localities shall use the local investment development funds for infrastructure projects on their territory that fall under the spending responsibility of the superior level budget; support other localities in investing in key projects, regional linkage, national and international projects with widespread impact, creating economic-social development motivation, and other important missions (hereinafter referred to as supported locality) while ensuring it is within the capacity of the local budget balance and does not affect the implementation of tasks under their own level of budget responsibility.

 

2. The supported locality shall exchange and agree with the agency or organization entrusted with directly managing the investment project falling under the spending responsibility of the superior level budget regarding the total amount (or support), method (or support) of expenditure, and the time frame for implementation.

3. The agency or organization entrusted with directly managing the investment project falling under the spending responsibility of the superior level budget and receiving support shall cooperate with the supported locality to build and complete the project according to schedule, objectives, ensuring effectiveness, transparency, preventing waste, and loss.

4. The method of expenditure for infrastructure projects on their territory that fall under the spending responsibility of the superior level budget and supporting other localities is carried out through direct investment or by means of funds.

5. The preparation of medium-term investment plans, annual budgeting and final accounting for expenditures related to infrastructure projects on their territory that fall under the spending responsibility of the superior level budget and supporting other localities; final accounting upon completion of the project shall be conducted in accordance with laws on state budget, public works, relevant laws, and Article 42 of this Decree.

4. The method of expenditure for investment projects within the territory falling under the responsibilities of the higher-level budget and supporting other localities shall be carried out through direct investment or by means of funds.

5. The preparation of medium-term investment planning, annual budgeting and final accounting of the state budget concerning expenditures for investment projects within the territory falling under the responsibilities of the higher-level budget and supporting other localities; the final accounting of completed projects shall be conducted in accordance with laws on the state budget, public investment, relevant laws, and the provisions of this Decree's Article 42.

Article 42. Formulation of Medium-Term Investment Planning, Annual Budgeting, Settlements, and Completion Audit for Projects on Local Territory within the Scope of Central Government Budget Expenditure and Support to Other Localities

1. Direct Investment Method:

a) Based on investment law provisions and exchanges and agreements as stipulated in Clause 2 of Article 41 of this Decree, the local authority shall support by:

Compiling expenditures for projects within its territory that fall under the scope of central government budget expenditure and support to other localities into the local medium-term investment plan, serving as a basis for compiling annual development investment budgeting at the local level.

Implementing project and engineering works according to agreed schedules; conducting annual capital settlement and completion audit in accordance with relevant laws, and transferring completed construction projects after investment construction is finished in accordance with Article 41 of this Decree;

b) The agency or organization entrusted with direct management of the investment project within the scope of central government budget expenditure shall receive support from a local authority. Such an entity has the responsibility to cooperate with the supporting local authority for annual state budget compilation; receiving and managing construction projects after completion in accordance with Article 43 of this Decree.

2. By Monetary Transfer:

a) Based on exchanges and agreements as stipulated in Clause 2 of Article 41 of this Decree, the local authority shall support by:

Compiling annual development investment budget for expenditures related to projects within its territory that fall under the scope of central government budget expenditure and support to other localities.

Transferring funds to the higher-level agency or receiving locality according to project implementation progress; settling supported funding in accordance with the State Budget Law;

b) The agency or organization entrusted with direct management of the investment project within the scope of central government budget expenditure that receives support has the responsibility to manage and use the supported funds in line with their objectives, in compliance with prescribed regulations; conducting annual capital settlement and completion audit according to laws on state budget, public investment, and other relevant laws.

Article 43. Management of Infrastructure Projects Post-Investment

1. Projects managed by the central government, after completion of construction, shall be transferred from the provincial people's committee to a central government authority for management, operation, exploitation, maintenance in accordance with legal provisions on public asset management and use; if transferred to local management, then transfer procedures and management operations are conducted according to relevant laws.

2. Projects managed by local authorities, after completion of construction projects or works, shall be transferred from the lower-level people's committee to a higher-level government authority for management, operation, exploitation, maintenance in accordance with legal provisions on public asset management and use; if transferred back to local management including support to other localities, then transfer procedures and management operations are conducted according to relevant laws.

 

Chapter VII

FIVE-YEAR FINANCIAL PLANNING

 

Article 44. Subject of Five-Year Financial Planning

1. The Ministry of Finance shall take the lead and cooperate with relevant central ministries and agencies to prepare the national five-year financial plan for submission to the Government for review and decision, which will then be reported to the National Assembly.

2. People's Committees at provincial level shall direct the Provincial Department of Finance to take the lead and cooperate with other relevant local agencies in preparing the provincial five-year financial plan for submission to the People's Council of the province for review and decision.

Article 45. Basis for Preparing Five-Year Financial Planning

1. The basis for preparing the national five-year financial plan:

a) The implementation status of the previous five-year socio-economic development plan and the five-year national financial plan;

b) Socio-economic, financial, public debt, and tax reform strategies; relevant plans as prescribed by planning laws; projected targets, indicators, and directions for socio-economic development over the next five years at the national, sectoral, and field levels;

c) Financial and budgetary regulations, including international treaties to which the Socialist Republic of Vietnam is a party; directions for amending, supplementing, or issuing new regulations during the five-year period;

d) Projections on the impact of domestic and global conditions on the mobilization and utilization of financial and budgetary resources over the next five years;

e) Instructions from the Prime Minister regarding the preparation of socio-economic development plans and five-year financial plans.

2. The basis for preparing the provincial five-year financial plan:

a) The implementation status of the previous five-year socio-economic development plan and the five-year financial plan at the local level;

b) Socio-economic, financial, public debt strategies; relevant plans as prescribed by planning laws; projected targets, indicators, and directions for socio-economic development over the next five years at the national, sectoral, field, and local levels;

c) Projections on the socio-economic conditions that may affect the mobilization and utilization of financial and budgetary resources at the local level over the next five years;

d) Financial and budgetary regulations; including international treaties to which the Socialist Republic of Vietnam is a party; directions for amending, supplementing, or issuing new regulations during the five-year period;

e) Instructions from the Prime Minister and the provincial People's Committee regarding the preparation of socio-economic development plans and five-year financial plans.

Article 46. Requirements for Preparing Five-Year Financial Planning

1. Consistent with the objectives, tasks, and solutions set forth in the National Strategy on Socio-Economic Development; strategies related to finance, public debt, tax reform; projected targets, indicators, and directions for socio-economic development over the next five years at the national, sectoral, and field levels.

2. Consistent with projections of socio-economic conditions, the ability to balance government revenue, mobilization and repayment of debts, and requirements for ensuring national financial safety during the next five-year period; consistent with principles of balancing, managing, and decentralizing budget revenues, expenditure tasks, and public debt management.

3. Prioritize the allocation of state budget resources to implement major policies and initiatives of the Party and the State in each period.

4. Transparent, open, and effective.

Article 47. Content of Five-Year Financial Plan

1. Content of the Five-Year National Financial Plan:

a) Evaluation of the implementation of targets, indicators, and main tasks in the previous five-year national financial plan, achievements attained, shortcomings and weaknesses, causes, and lessons learned;

b) Determination of general objectives;

c) Determination of specific and primary financial and budgetary objectives, including: Revenue and revenue structure, expenditure and expenditure structure; budget deficit; government debt, public debt, foreign debt of the country; mobilization of domestic and foreign borrowing capital; allocation and distribution of resources, budget structure over a five-year planning period;

d) Determination of the framework for balancing the national budget, including:

Total revenue of the national budget (absolute amount and ratio to gross domestic product - GDP), detailed internal revenue, crude oil revenue, balanced revenue from export-import activities and aid; factors affecting national budget revenue and main solutions to implement.

Total expenditure of the national budget (absolute amount and ratio to GDP), detailed development investment expenditure, state reserve expenditure, interest payment expenditure, aid expenditure, regular expenditure; factors affecting national budget expenditure and main solutions to implement.

Balance of the national budget, including: Budget deficit (absolute amount and ratio to GDP); total borrowing by the national budget, including borrowing to cover deficits and borrowing for repayment of principal of the national budget; factors affecting the balance of the national budget and measures to ensure the safety and sustainability of the national budget;

d) Indicators related to debt management, including: Limit indicators on debt; public debt level, government debt, foreign debt of the country; ratio of debt repayment to national budget revenue; total mobilization; policies and management solutions aimed at ensuring the safety and sustainability of public debt;

e) Other financial measures to implement the five-year national financial plan.

2. Content of the Five-Year Provincial/Urban Financial Plan:

a) Evaluation of the implementation of targets, indicators, and main tasks in the previous five-year provincial/urban financial plan, achievements attained, shortcomings and weaknesses, causes, and lessons learned;

b) Determination of general objectives;

c) Determination of specific and primary local financial and budgetary objectives, including: Revenue and revenue structure, expenditure and expenditure structure; local budget deficit; provincial government debt; mobilization and distribution of resources, local budget structure over a five-year planning period;

d) Determination of the framework for balancing the local budget, including:

Total national budget revenue within the province and local budget revenue, detailed internal revenue, crude oil revenue, balanced revenue from export-import activities and aid; factors affecting national budget revenue and main solutions to implement.

Total expenditure of the local budget, detailed development investment expenditure, interest payment expenditure, aid expenditure, regular expenditure; factors affecting local budget expenditure and main solutions to implement.

Balance of the local budget, including: Local budget deficit; total borrowing by the local budget, including borrowing to cover deficits and borrowing for repayment of principal of the local budget; factors affecting the balance of the local budget and measures to ensure the safety and sustainability of the local budget.

d) Indicators related to local debt management, including: Borrowing limits, outstanding local government borrowings; projected borrowing and repayments; policies and management solutions aimed at ensuring the safety and sustainability of local government debt;

e) Other financial measures to implement the five-year provincial/urban financial plan.

Article 48. Procedure for Formulating a Five-Year Financial Plan

1. Procedure for Formulating the Five-Year National Financial Plan:

a) By May 15 of the fifth year of the preceding five-year financial plan period, the Prime Minister issues a Directive on formulating the subsequent five-year national financial plan together with regulations for developing the socio-economic development and state budget estimates for the following year;

b) By August 10 of the fifth year of the preceding five-year financial plan period, the Ministry of Finance reports to the Prime Minister on the orientation of the subsequent five-year national financial plan;

c) Based on the Prime Minister's comments, the Ministry of Finance shall finalize the subsequent five-year national financial plan and report it to the Government for submission to the Standing Committee of the National Assembly for review before September 20 of the fifth year of the preceding five-year financial plan period;

d) Based on the Standing Committee of the National Assembly's comments, the Ministry of Finance shall finalize the subsequent five-year national financial plan and report it to the Government for submission to the National Assembly for review at the same time as submitting the state budget estimates for the first year of the subsequent five-year financial plan period;

d) Based on the Standing Committee of the previous National Assembly's comments, the Government shall submit the subsequent five-year national financial plan to the new National Assembly during its first session for examination and decision.

2. Procedure for Formulating a Five-Year Financial Plan at the Provincial Level:

a) In accordance with the Prime Minister's Directive on formulating the subsequent five-year financial plan, the People's Committee of the province shall direct the Department of Finance to take the lead in coordinating with relevant agencies and units to develop the subsequent five-year provincial financial plan;

b) By August 20 of the fifth year of the preceding five-year financial plan period, the People's Committee of the province reports to the Standing Committee of the same level People's Council on the subsequent five-year provincial financial plan for comments;

c) By September 10 of the fifth year of the preceding five-year financial plan period, based on the Standing Committee of the People's Council's comments, the People's Committee of the province shall finalize the five-year financial plan of the locality and send it to the Ministry of Finance for review;

d) Based on the Ministry of Finance's comments, the People's Committee of the province shall complete the subsequent five-year provincial financial plan and report it to the same level People's Council for comments at the same time as submitting the state budget estimates for the first year of the subsequent five-year financial plan period;

d) Based on the previous People's Council's comments, the People's Committee of the province shall submit the subsequent five-year provincial financial plan to the new People's Council during its first session for examination and decision.

Article 49. Responsibilities of Authorities in Formulating a Five-Year Financial Plan

1. The Ministry of Finance shall take the lead in drafting the Prime Minister's Directive on formulating the five-year financial plan, develop the national five-year financial plan, and provide comments to the People's Committee of the province regarding the provincial five-year financial plan.

2. Central ministries and agencies shall cooperate with the Ministry of Finance during the process of formulating the national five-year financial plan.

3. The People's Committees of provinces and cities shall direct the Department of Finance and other relevant units at the local level to develop the provincial five-year financial plan.

 

Chapter VIII

TRANSITIONAL PROVISIONS

 

Article 50. Transitional Provisions

1. For the final accounts of the state budget for 2024 and the procedures, requirements for preparing the state budget for 2026, these shall be carried out in accordance with the provisions of Law No. 83/2015/QH13 on State Budget, as amended by Laws Nos. 59/2020/QH14 and 56/2024/QH15, Decree No. 163/2016/NĐ-CP of the Government, which details the implementation of certain provisions of the Law on State Budget.

2. For the handling of increases or decreases in state budget revenues and expenditures compared to the budgeted amounts at the end of the state budget year 2025, this shall be carried out in accordance with the provisions of Law No. 89/2025/QH15 on State Budget and the provisions of this Decree. Specifically, for the scope determining the revenues to be allocated as a basis for rewards for exceeding the budgeted revenue and the level of such rewards for state budgets below, this shall be carried out in accordance with the provisions of Law No. 83/2015/QH13 on State Budget.

3. For the final accounts of the state budget for 2025, including the handling of year-end revenues and expenditures, requirements, preparation, examination, consolidation, time limits, and procedures for final accounting, processing of carryovers, and handling of revenues and expenditures not in accordance with regulations after the state budget is approved, these shall be carried out in accordance with the provisions of Law No. 89/2025/QH15 on State Budget and the provisions of this Decree.

Article 51. Implementation Provisions

1. This Decree comes into effect from the state budget year 2026, except for the cases specified in Articles 13, 14, 15, 16, and 21 of this Decree related to scientific research, technology, innovation, and digital transformation, which shall be implemented from July 1, 2025, as provided in paragraph 3 of Article 77 of the Law on State Budget.

2. Decree No. 163/2016/NĐ-CP of the Government, which details the implementation of certain provisions of the Law on State Budget, Decree No. 45/2017/NĐ-CP of the Government, which details the preparation of a five-year financial plan and a three-year state budget-financial plan, and Decree No. 149/2025/NĐ-CP of the Government, which details certain contents amended by Article 4 of Law No. 56/2024/QH15, shall cease to be effective from the date this Decree comes into effect.

Article 52. Responsibilities for Implementation

1. The Minister of Finance shall guide and organize the implementation of this Decree.

2. The heads of ministries, central agency heads, and chairmen of people's committees of provinces and cities are responsible for implementing this Decree.