Thông tư 29/1999/TT-BTC

CIRCULAR

GUIDING THE IMPLEMENTATION OF FINANCIAL PUBLICITY WITH REGARD TO FUNDS HAVING REVENUES FROM PEOPLE'S CONTRIBUTIONS

In furtherance of Decision No.225/1998/QD-TTg of November 20, 1998 of the Prime Minister promulgating the Regulation on financial publicity with regard to the State budget at all levels, all budget drafting units, State enterprises and funds with revenues from people’s contributions, the Finance Ministry guides the implementation of financial publicity with regard to funds having revenues from people’s contributions as follows:

I. FINANCIAL PUBLICITY WITH REGARD TO FUNDS HAVING REVENUES FROM PEOPLE'S CONTRIBUTIONS

1. Contents to he publicized:

1.1. The head of the administrative agency competent to allow the establishment of a fund shall make public the following contents:

a/ Documents on the fund’s purposes, the regulations on the fund’s operation, the use purposes of the fund’s revenues, the conditions, criteria, interests and obligations of the fund beneficiaries;

b/ Documents announcing fund contributors, forms of contribution and level of contribution by each subject; subjects entitled to exemption or reduction and the levels thereof ( applicable to funds with revenues being compulsory contributions;

1.2. The head of the fund’s management board (or account holder) shall make public the following contents:

a/ Lists of organizations and individuals that have made contributions or provided aid to the fund and their contributed amounts.

b/ The fund’s quarterly and annual settlement of account according to each revenue-expenditure content already ratified.

2. Form of publicity: Posting at the funds’ offices and publicly announcing at direct meetings with the organizations and individuals that have made contributions or provided aid to the funds.

3. The time for publicity:

3.1. Making public the contents mentioned in Part I, Clause 1, Point 1.1, Item a before mobilizing contributions and campaigning for aids from organizations and individuals.

3.2. Making public the contents mentioned in Part I, Clause 1, Point 1.1, Item b at least 15 days before the implementation thereof.

3.3. Making public the contents mentioned in Part I, Clause 1, Point 1.2, Item a 15 days after the end of each operation period of the fund.

3.4. The settlement of the fund’s revenues and expenditures and the results of the use of the fund shall be made public as follows:

- 15 days after the end of a quarter for the quarterly settlement of accounts and the results of the quarterly use of the fund.

- On February 15 of the following year at the latest, for the yearly settlement of accounts and the results of the yearly use of the fund.

II. THE FINANCIAL PUBLICITY FOR THE PROCESS OF MOBILIZING PEOPLE'S CONTRIBUTIONS FOR INVESTMENT IN THE CONSTRUCTION OF INFRASTRUCTURAL WORKS IN COMMUNES AND DISTRICT TOWNS

1. Contents to be made public: For each infrastructural construction project using people�s contributions, the president of the commune/district town People’s Committee shall make public the followings contents:

1.1. The investment undertaking, the purposes of mobilizing people’s contributions for investment in the construction of projects;

1.2. The project’s estimate already ratified by the competent level;

1.3. Sources of investment capital for the projects, including the source of mobilized capital contributed by people, being calculated for the entire project or separately for each project item (if any);

1.4. The documents announcing the contributors, form and level of contribution for each of them, and subjects entitled to exemption or reduction and the level thereof;

1.5. The reports on final settlement of the capital and the use of capital for projects and measures to handle the unused revenues or the capital deficit against the expenditures on the investment in the projects;

1.6. The reports on the results of test for acceptance of the volume and quality of the projects and the approved reports on the final settlement of the projects;

1.7. For capital construction projects (project items) opened to bidding according to the current Regulation on Bidding, the chairman of the bid evaluation council shall make public the following contents:

a/ Mode and form of bidding: division of bid packages (if any); criteria of the contractors; the list of members of the bid evaluation council;

b/ The list of contractors participating in the bidding; the list of contractors fully meeting the conditions for participation in the bidding; norms of selecting bids in various bidding rounds;

c/ The results of bid selection: contractors participating in the final bidding, evaluation of the contractors’ capability to meet the bid-selecting norms, the bid winner;

2. Form of publicity: Posting up at the offices of the People’s Committees of communes or district townships and announcing at direct meetings with the commune or district township population.

3. The time for publicity:

a/ Making public the investment undertaking, the purposes of mobilizing people’s contributions, estimates for construction of projects, source of investment capital for the projects, subjects to be mobilized, form of mobilization and level of contribution for each mobilized subject mentioned in Part II, Clause 1, Point 1.1, Point 1.2. Point 1.3 and Point 1.4 to the people at least 15 days before the implementation thereof.

b/ Making public the contents mentioned in Part II, Clause 1, Point 1.5 within 15 days after the final settlement of accounts is ratified.

- Making public the contents prescribed in Part II, Clause 1, Point 1.6 within 15 days after the reports are ratified.

c/ With regard to bidding for project construction:

- Making public the contents prescribed in Part II, Clause 1, Point 1.7, Item a, 15 days before the bid opening;

- Making public the contents prescribed in Part II, Clause 1, Point 1.7, Item b, two days after the completion of the preliminary selection of contractors.

- Making public the contents prescribed in Part II, Clause 1, Point 1.7, Item c, two days after the bidding result is available.

III. REPLYING TO THE QUESTIONING

1. The heads of the administrative bodies competent to allow the setting up of the funds, heads of the fund’ management boards (or the fund account’s holder), presidents of the People’s Committees of communes and district townships where people are mobilized to contribute to the investment in the infrastructural construction, and chairmen of the bid evaluation councils shall have to answer questions about the publicized contents according to their responsibility prescribed in this Circular.

The reply to questioning shall be effected through the forms of sending official dispatches to the questioners or direct meetings between parties concerned.

2. Replies must be given to questioners within 5 days after receiving the questions. In cases where the questioned content is complicated, requiring more time to prepare the answer, the specific date of reply must be made to the questioner but shall not be more than 20 days after the receipt of the questioned content.

3. The contents of questions and the replies thereto must be made public together with the financial publicity contents to subjects receiving public information as follows:

- For funds with revenues from people’s contributions, they shall be made public at meetings between the funds and organizations as well as individuals that have contributed or provided aids to the funds, and be posted up at the funds’ offices.

- For cases where people’s contributions are mobilized for investment in the construction of infrastructures in communes and district townships, announcement thereon shall be made at the local population’s meetings on mobilization of contributions to the investment in the construction of such infrastructural works (if any), and postings made at the offices of the commune and district township People’s Committees.

IV. ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect 15 days after its signing for promulgation.

2. The presidents of the People’s Committees of the provinces and centrally-run cities shall have to guide the implementation of financial publicity for funds with revenues from the local people’s contributions and activities campaigning for people’s contributions to investment in the construction of infrastructure in communes and district townships.

The heads of the administrative bodies competent to allow the setting up of funds, heads of the management boards (or account holders) of the funds having revenues from people’s contributions and the presidents of the commune and district township People’s Committee shall have to implement the provisions in this Circular.