Quyết định 42/2002/QD-TTG

DECISION

ON THE MANAGEMENT AND ADMINISTRATION OF NATIONAL TARGET PROGRAMS

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of December 25, 2001;
With a view to enhancing and further renovating the mechanism for management and administration of national target programs;
At the proposal of the Minister of Planning and Investment,

DECIDES:

I. GENERAL PROVISIONS

Article 1.- A national target program is an assortment of synchronous objectives, tasks and solutions regarding economic, social, scientific, technological and environmental issues as well as mechanisms, policies and organization in order to achieve one or several objectives laid down in the overall strategy for national socio-economic development in a given period.

A national target program consists of various projects to achieve the program’s objectives. The objects of management and planning shall be determined according to the program and investment shall be made according to the projects.

Article 2.- A project under a national target program is an assortment of activities to perform a particular task aiming to achieve one or several specific objectives already determined clearly in the program with definite resource(s) and within a definite time limit.

Article 3.- Criteria for selecting a national target program

1. Issues selected for settlement through a national target program must be urgent, inter-sectoral, inter-regional and important for the national socio-economic development and should be tackled with concentrated resources and under the Government’s direction.

2. The objectives of a national target program must be explicit, quantifiable and included in the national overall strategy.

3. The duration for implementation of a national target program must be specified, usually 5 years, or phased into separate five-year periods.

4. The social issues already committed internationally by the Vietnamese Government shall comply with the world or regional common programs.

Article 4.- Contents of a national target program:

1. The actual situation of the field to be covered by the national target program; urgent issues to be addressed by the national target program.

2. The scope, size and general objectives of the program; the basic targets to be attained in each specific period of time; the program’s projects.

3. The total funding for the program, including the funding for the handling of scientific and technological issues (if any), the annual fund allocations and methods of mobilizing capital sources.

4. The mechanism and policies for implementation of the program.

5. The requirements on human resource training for implementation of the program.

6. Scientific and technological issues to be handled (if any).

7. The general socio-economic efficiency of the program and each project.

8. The possible integration with other programs.

9. The schedule and tempo of implementation of the program and projects.

10. The international cooperation (if any).

11. The plan and parameters for inspection and supervision of the situation on implementation of the program.

II. ELABORATION, EVALUATION, RATIFICATION, AND REPORTING ON THE RESULTS OF IMPLEMENTATION, OF NATIONAL TARGET PROGRAMS

Article 5.- Basing themselves on the contents and tasks of the 10-year strategy and 5-year plans, the ministries, branches and central agencies shall propose burning social issues to be settled through national target programs.

The Ministry of Planning and Investment shall assume the prime responsibility and coordinate with the Ministry of Finance, the relevant ministries, branches and central agencies in selecting and drawing up the list of national target programs and projecting the program-managing agencies, then submit it to the National Assembly for approval.

Article 6.- The agencies assigned to manage national target programs shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the concerned ministries, branches, central agencies and localities in organizing the elaboration of the programs contents and projects.

The elaboration of programs and projects shall be conducted by the time of drawing up the annual and five-year plans.

Article 7.- The Ministry of Planning and Investment shall assume the prime responsibility and coordinate with the Ministry of Finance and the concerned ministries, branches, central agencies and localities in organizing the evaluation of national target programs and submit them to the Prime Minister for approval.

The time limit for evaluation of a national target program shall not exceed 45 days after the date the complete and valid dossiers are received.

The evaluation and ratification of the program’s projects shall comply with the current regulations on investment and construction management.

Article 8.- When elaborating the annual and five-year plans, if the funding conditions or a program’s objectives change, the Ministry of Planning and Investment shall coordinate with the Finance Ministry and the national target program-managing agency in submitting to the Government the adjustments to the national target program according to the following specific contents:

1. Evaluation of the already implemented part(s) of the program.

2. Rationale for the necessity of adjustment and reasons therefor.

3. Contents of adjustment (including the program’s objectives, tasks and funding).

4. Impacts of such adjustments on the ultimate objective of the program and the efficiency of adjustment.

Article 9.-

1. The ministries, branches and central agencies participating in the management and execution of projects under national target programs and the People’s Committees of the provinces and centrally-run cities shall have to make regular (quarterly and yearly) reports on the implementation of national target programs (their objectives, tasks, funding, mechanisms and policies...); mid-term reports, for five-year national target programs, and final-review reports upon the completion of national target programs, according to the set forms.

The above-mentioned reports shall be sent to the Prime Minister, the Ministry of Planning and Investment, the Ministry of Finance and the national target program-managing agencies.

2. The national target program-managing agencies shall have to make regular (quarterly and yearly) reports on the implementation of national target programs; mid-term reports, for five-year national target programs, and final- review reports upon the completion of national target programs.

The above-mentioned reports shall be sent to the Prime Minister, the Ministry of Planning and Investment and the Finance Ministry.

3. The Ministry of Planning and Investment shall assume the prime responsibility and coordinate with the Finance Ministry in making quarterly, yearly, mid-term and final reviews on the situation and results of implementation of national target programs, and reporting them to the Prime Minister.

III. FINANCIAL MECHANISM FOR NATIONAL TARGET PROGRAMS

Article 10.- Annually, on the basis of the tasks and objectives of projects under national target programs, the national target program-managing agencies shall assume the prime responsibility together with the Ministry of Planning and Investment and the Ministry of Finance in proposing budget allocation levels for national target programs so that the Ministry of Planning and Investment may sum them up and report to the Government for consideration and submission to the National Assembly for approval.

Article 11.- Basing itself on the budget allocation level notified by the competent authority for each program, the national target program-managing agency shall project the program�s fund allocations to each ministry, branch, central agency and locality before sending them to the Ministry of Finance and the Ministry of Planning and Investment for incorporation in the budget plans of the ministries, branches and localities and submission to the Prime Minister for decision.

Article 12.- The funds for implementation of national target programs shall be balanced within the central budget expenditure estimates and granted by the Finance Ministry directly to the ministries, branches and central agencies for performance of tasks of the centrally-run programs and additionally allocated to the targeted provinces and centrally-run cities for performance of tasks of the locally-run programs.

The management of expenditure and final settlement of the funds of national target programs shall comply with the provisions of the Law on State Budget, its guiding documents and relevant documents of the Government.

Article 13.- In order to materialize the programs objectives, in addition to the State budget capital sources, it is necessary to mobilize more credit capital inside and outside the country as well as contributions by organizations, individuals and communities for implementation of the programs.

With regard to capital sources mobilized from the people, the national target program-managing agencies and the People’s Committees of the provinces and centrally-run cities (where programs are implemented) may use them for the performance of tasks included in the programs� contents but must conduct the management, settlement and final settlement thereof according to current regulations.

IV. ASSIGNMENT AND DECENTRALIZATION OF THE MANAGEMENT AND ADMINISTRATION OF NATIONAL TARGET PROGRAMS

Article 14.- The Ministry of Planning and Investment is tasked:

1. To act as the main body to assist the Government in managing and administering the national target programs.

2. On the basis of the State’s five-year and 10-year socio-economic development orientations and the proposals of the ministries, branches, central agencies and localities, to assume the prime responsibility and coordinate with the Finance Ministry in selecting, drawing up the list of national target programs and projecting program-managing agencies, then submit them to the Government for consideration and further submission to the National Assembly.

3. To assume the prime responsibility and coordinate with the Finance Ministry and the concerned ministries, branches, central agencies and localities in organizing the evaluation of national target programs and submit them to the Prime Minister for approval.

4. To assume the prime responsibility and coordinate with the Finance Ministry in proposing the total budget allocation for each specific national target program (including non-business capital and development investment capital), and submit it to the Government for consideration and further submission to the National Assembly for approval.

5. To assume the prime responsibility and coordinate with the ministries, branches, central agencies and localities in formulating the mechanism for management and administration of national target programs, and submit them to the Government for promulgation.

6. To join the national target program-managing agencies in projecting the programs fund allocations according to their tasks and objectives.

To incorporate funding sources of national target programs, which have been allocated to the ministries, branches, central agencies as well as provinces and centrally-run cities, into their respective overall plans in order to submit them to the Prime Minister for consideration and decision.

7. To notify the national target program-managing agencies and localities of the orientations for elaboration of annual plans of national target programs.

8. To coordinate with the national target program-managing agencies and concerned ministries and branches in organizing inspection and supervision of the implementation of national target programs by the ministries, branches, central agencies and localities.

9. To sum up the situation on implementation of national target programs (quarterly and yearly) as well as the mid-term and term-end implementation situation and results of national target programs, find out obstacles and problems and propose handling measures therefor, report them to the Prime Minister and concurrently send reports thereon to the Finance Ministry.

Article 15.- The Finance Ministry is tasked:

1. To coordinate with the Ministry of Planning and Investment in proposing the total fund allocation for each specific national target program (including non-business capital and development investment capital).

2. To allocate funds already balanced in the central budget’s annual expenditure estimates to the ministries, branches and central agencies for the realization of objectives and tasks of the centrally-run national target programs.

To additionally allocate funds to the targeted provinces and centrally-run cities according to the fund-allocation plans of national target programs.

To inspect and guide the national target program-managing agencies to strictly comply with current regulations on financial and accounting regime.

3. To join the national target program-managing agencies in projecting the program’s fund allocations according to their tasks and objectives.

4. To organize inspection and supervision of the use of funds of national target programs by the ministries, branches, central agencies and localities.

5. To approve and notify the final settlements of funds of national target programs made by the ministries, branches and central agencies, in the State budget’s final settlement.

To sum up the final settlements of programs made by the ministries, branches, central agencies and localities, report them to the Prime Minister and concurrently send reports thereon to the Ministry of Planning and Investment.

Article 16.- The national target program-managing agencies are tasked:

1. To assume the prime responsibility and coordinate with the ministries, branches, central agencies as well as provinces and centrally-run cities in organizing the elaboration of the programs contents and projects, send them to the Ministry of Planning and Investment and the Finance Ministry for evaluation and submission to the Prime Minister for approval.

2. To set up the Management Boards of national target programs to assist the heads of the agencies in managing and organizing the implementation of the programs; dissolve the Management Boards of national target programs upon the completion thereof.

The manager of a national target program is a leader of the national target program-managing agency. The Management Board’s members shall include the competent representatives of the planning, accounting and relevant sections.

The regulations on the operations of the Management Boards of national target programs shall be decided by the national target program-managing agencies.

The funding for operations of the Management Boards of national target programs shall be arranged within the regular operation funds of the national target program-managing agencies.

3. For national target programs of special importance, their Management Boards must include members from the relevant ministries, branches and central agencies.

The composition and operation regulations of the Management Boards of these national target programs shall be decided by the Prime Minister.

4. Annually, the national target program-managing agencies shall have to elaborate plans on the objectives, tasks and funding demand and propose measures for the implementation of national target programs then send them to the Ministry of Planning and Investment and the Finance Ministry for summing up and submission to the Government.

Basing themselves on the total funding levels of the programs notified by the competent authorities, the national target program-managing agencies shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment and the Finance Ministry in projecting the programs fund allocation, in terms of both allocation structure and levels, to the ministries, branches, central agencies as well as provinces and centrally-run cities in compatibility with the already approved objectives and tasks (in case of divergent opinions on the structure and specific capital levels for implementing units, the opinions of the program-managing agencies shall prevail).

The documents on the assignment of objectives and tasks and allocation of funds of the programs shall be sent to the Ministry of Planning and Investment and the Finance Ministry for inclusion in the budgets of the ministries, branches, central agencies as well as provinces and centrally-run cities, and submission to the Prime Minister for decision.

5. To take responsibility for settling funds of national target programs, which they directly implement.

To take responsibility for the use of funds of national target programs for the right purposes and efficiently, preventing losses.

6. To assume the prime responsibility and coordinate with the functional agencies in elaborating regulations and policies and providing professional guidance for the ministries, branches, central agencies as well as provinces and centrally-run cities so that the latter have basis for the implementation thereof.

7. To direct the subordinate agencies in localities to coordinate with the provincial/municipal Planning and Investment Services in working out annual plans of national target programs (their objectives, tasks, funding and measures for implementation organization) so as to incorporate them in the overall socio-economic development plans of the provinces and centrally-run cities.

8. To guide the People’s Committees of the provinces and centrally-run cities to elaborate annual plans of national target programs (their objectives, tasks, funding, measures for implementation organization); to fully comply with the contents and tempo of reporting on the implementation of national target programs according to general regulations.

9. To urge, inspect and supervise the implementation of national target programs by the ministries, branches, central agencies as well as provinces and centrally-run cities.

10. To periodically (quarterly, yearly, at mid-term and upon the completion of programs), sum up the situation on implementation of national target programs by the ministries, branches, central agencies as well as provinces and centrally-run cities, and report it to the Prime Minister, the Ministry of Planning and Investment and the Finance Ministry.

Article 17.- The ministries, branches and central agencies participating in the management and implementation of national target programs are tasked:

1. Annually, on the basis of the guidance of the national target program-managing agencies, the Ministry of Planning and Investment and the Finance Ministry, to work out plans for the realization of objectives and tasks, proposing sources for the execution of national target programs projects assigned to them for management, and send those plans to the national target program-managing agencies, the Ministry of Planning and Investment and the Finance Ministry.

2. To take responsibility for the deployment of annual plans in strict compliance with the objectives, tasks and tempo of the projects assigned to them for management and implementation.

3. To take responsibility for management, settlement and final settlement of the funds of national target programs which they directly implement according to current regulations on finance.

To take responsibility for the use of funds of national target programs for the right purposes and efficiently, not causing losses.

4. Besides the assigned funds, to be allowed to mobilize other sources as prescribed by law for execution of projects under national target programs.

To report the fund supplementation levels (if any) to the program-managing agencies.

5. To sum up (quarterly, yearly, at mid-term and upon the completion of the programs) the situation on execution of projects under national target programs assigned to them for management and implementation according to the prescribed contents, forms and time limits, and report it to the Prime Minister, the national target program-managing agencies, the Ministry of Planning and Investment and the Finance Ministry.

Article 18.- The presidents of the People’s Committees of the provinces and centrally-run cities are tasked:

1. To unify the management of sources, administer and organize the realization of objectives and tasks of national target programs in their respective localities.

2. To set up steering committees for national target programs in their respective localities in order to manage, elaborate plans for, incorporate and organize the administration of implementation of, national target programs in localities.

The head of a steering committee shall be one leader of the People’s Committee of the province or centrally-run city. The standing member of the committee shall be one leader of the provincial/municipal Planning and Investment Service while the other members shall be representatives of the leaderships of the concerned provincial/municipal Services, Departments and branches.

Each province or centrally-run city shall set up only one steering committee for administration of all national target programs in the locality.

The operation regulations of the steering committees shall be decided by the presidents of the People’s Committees of the provinces and centrally-run cities.

The operation funds of the steering committees shall be ensured by the local budgets.

3. Annually, on the basis of the guidance of the national target program-managing agencies, the Ministry of Planning and Investment and the Finance Ministry, to direct the provincial/municipal Planning and Investment Services to coordinate with other services, departments and branches in working out plans for national target programs in localities (their objectives, tasks, sources and measures for implementation organization, mechanisms and policies), and send them to the national target program-managing agencies, the Ministry of Planning and Investment and the Finance Ministry.

4. To organize the evaluation and approval of the locally-run projects under national target programs according to current regulations.

5. To organize the incorporation and coordination of resources of national target programs and locally-run projects so as to avoid overlapping, reduce the number of coordinators and concentrate resources on the priority objectives.

6. Besides the funds allocated by central agencies, to organize the mobilization of local sources (including funds, workdays and other material elements) as supplements for implementation of the programs.

To report the fund-supplementation level (if any) of each program to the program-managing agency.

7. To assign the plan norms on objectives, tasks and funding of locally-run national target programs in localities to project investors and district People’s Committees for implementation.

8. To take responsibility for the use of funds of national target programs in localities according to the assigned objectives and tasks, for the right purposes, with efficiency and not causing losses; to take responsibility for management, settlement and final settlement according to current regulations.

9. To organize the inspection and supervision of, the implementation of national target programs in the localities.

To rectify in time errors in the implementation of programs.

To strictly handle cases of wasting funds due to irresponsibility or corruption

10. To sum up (quarterly, yearly, at mid-term and upon the completion of programs) the situation on implementation of national target programs in localities according to the prescribed contents, forms and time limits, and report it to the Prime Minister, the Ministry of Planning and Investment, the Finance Ministry and the national target program-managing agencies.

V. ASSIGNMENT OF PLAN NORMS OF NATIONAL TARGET PROGRAMS

Article 19.- The Prime Minister shall assign the ministries, ministerial-level agencies, agencies attached to the Government, central agencies as well as provinces and centrally-run cities the norms on:

1. The total funding for all national target programs, including the investment development capital and non-business funding.

2. Objectives and tasks of each national target program implemented in the localities.

Article 20.- Basing themselves on the total budget estimates and objectives and tasks of national target programs assigned by the Prime Minister, the presidents of the People’s Committees of the provinces and centrally-run cities shall have to take initiative in incorporating and arranging funds for each objective and task of each national target program, send the plans on allocated funds (including the centrally-supported funds and locally-mobilized funds) as well as objectives and tasks of each national target program to the Ministry of Planning and Investment, the Finance Ministry and the national target program-managing agencies.

The Finance Ministry shall base itself on the funding plan already assigned to each national target program of each locality to allocate funds and conduct final settlement thereof.

VI. IMPLEMENTATION PROVISIONS

Article 21.- This Decision takes effect as from the date of its signing.

This Decision replaces the Prime Minister’s Decision No.531/TTg of August 8, 1996 on the management of national programs; Decision No.05/1998/QD-TTg of January 14, 1998 on the management of national target programs; Decision No.38/2000/QD-TTg of March 24, 2000 on amendments and supplements to a number of articles of Decision No.531/TTg of August 8, 1996.

The national target programs defined in the Prime Minister’s Decision No.71/2001/QD-TTg of May 4, 2001 shall comply with the provisions of this Decision.

Article 22.- The Ministry of Planning and Investment shall coordinate with the Finance Ministry in guiding the implementation of this Decision.

Article 23.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision.