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THE GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 358/2025/ND-CP |
Hanoi, December 31, 2025 |
MECHANISM FOR MANAGEMENT AND ORGANIZATION OF IMPLEMENTATION OF NATIONAL TARGET PROGRAMS
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Organization of Local Government No. 72/2025/QH15;
Pursuant to the Law on State Budget No. 89/2025/QH15;
Pursuant to the Law on Public Investment No. 58/2024/QH15, amended by the Law No. 90/2025/QH15;
Pursuant to the Law on Bidding No. 22/2023/QH15 amended by Law No. 57/2024/QH15 and Law No. 90/2025/QH15;
At the request of the Minister of Finance;
The Government hereby promulgates Decree on mechanism for management and organization of implementation of national target programs.
This Decree provides for mechanism for management and organization of implementation of national target programs regarding:
1. Formulation, approval, assignment and adjustment to plans to implement national target programs for the five-year period and each year.
2. Management and use of funding for implementation of national target programs.
3. Mechanism for organization of implementation of construction investment projects that are of small scale, technically simple with participation of the community.
4. Production development assistance organization mechanism in national target programs.
5. Delegation of power over management, increase in capacity, communication and disclosure of information on national target programs.
6. Monitoring, inspection, supervision, assessment and report on results of implementation of national target programs.
This Decree applies to authorities, organizations and individuals participating in or related to management and organization of implementation of national target programs.
Article 3. Definition of terms
In this Decree, the terms below are construed as follows:
1. National target program owner (hereinafter referred to as “program owner”) refers to a ministry or central authority assigned by the Government or the Prime Minister to prepare an investment policy proposal report, approve the program in accordance with the Law on Public Investment, and preside over managing the national target program nationwide.
2. Component project under a national target program (hereinafter referred to as “component project”) refers to a collection of contents, activities, or sub-projects, component contents, and components associated with responsibilities of an agency presiding over management and provision of guidance on implementation, and an agency using the program’s resources to organize implementation of a project with a view to achieving one or several groups of specific objectives and targets of the national target program.
3. Component project owner refers to a ministry or central authority presiding over management of one or several component projects under a national target program according to a decision to approve the national target program.
4. Steering Committee on national target program refers to an inter-disciplinary cooperation organization established by a competent authority to assist a competent authority in directing and administering cooperation in performance of common, important, and inter-disciplinary tasks related to management and organization of implementation of national target programs under its management.
5. Commune-level construction investment project management board is established in accordance with the law on construction to organize the implementation of a construction investment project under the management of the commune-level People’s Committee.
6. Board for development of village, hamlet, residential area, residential quarter or equivalent (hereinafter referred to as “village development board) refers to an organization elected by the local community, operating according to the agreed-upon rules, and recognized by the commune-level People’s Committee.
7. Plan to implement a national target program for the 05-year period refers to a collection of objectives, tasks, 5-year medium-term public investment plan, estimated development investment capital, and estimated recurrent expenditures for the 5-year period of implementation of the national target program.
8. Plan to implement a national target program each year refers to a collection of objectives, tasks, estimated state budget and annual public investment plans funded by state budget for implementation of the national target program.
9. Affiliation-presiding unit refers to an enterprise, cooperative or cooperative union presiding over establishing a production development project for cooperation with affiliation partners in implementation of the project along the value chain.
10. Affiliate refers to an individual, household, enterprise, cooperative union, cooperative, cooperation group, or community group that cooperates with the affiliation-presiding unit in implementation of the production development project along the value chain.
11. Community team or group refers to a form of voluntary affiliation among households and resident groups, within the same residential area, jointly participating in development of production, livelihoods, or socio-economic development tasks in the community.
The community team or group is identified in one of the following forms: household group or resident group certified by the commune-level People’s Committee; household group or resident group represented by a socio-political organization, a village development board, or reputable individual residing an ethnic minority and mountainous area; or cooperation group voluntarily established in accordance with the law.
12. Production development project refers to a collection of activities carried out by an organization/individual during formulation, design and organization of the combination of factors such as raw materials, labor, funding and technology for production, processing, distribution, and consumption of products and goods, or provision of services in the market.
13. Value-chain linked production development project refers to a production development project implemented by an affiliation-presiding unit on the basis of cooperation with affiliation partners in different stages of the value chain through a linkage contract with a view to developing production, improving quality of products, and providing outlets for goods and services.
14. Value-chain linked production development assistance refers to use of state budget for provision of partial funding for the affiliation-presiding unit and affiliation partners to implement the value-chain linked production development project, with a view to offering employment, increasing income for project participants, and contributing to sustainable production development promotion, development of rural economy, economy of ethnic minority and mountainous areas, and economy in disadvantaged areas and extremely disadvantaged areas.
15. Community-based production development project refers to a production development project self-formulated, managed, and implemented by a community team or group.
16. Community-based production development assistance refers to use of state budget for provision of partial or full funding for a community team or group to implement a community production development project with a view to offering employment, increasing income for project participants, promoting rural economic development, developing startups and business initiation, diversifying livelihoods, and replicating each poverty reduction model.
17. Task-based production development assistance refers to use of state budget for provision of partial or full funding for each resident or household to implement a community production development project by commissioning, assignment of tasks or bidding with a view to offering employment, increasing income for residents, promoting rural economic development, developing startups and business initiation, diversifying livelihoods, and replicating each poverty reduction model.
18. Specific production development assistance refers to use of state budget for implementation of a production development project associated with protection of national defense and security, application of new science and technology, environmental protection, adaption to climate change, and remedial measures against natural disasters.
19. Production development project management agency (hereinafter referred to as “project management agency”) refers to a state agency or a public service provider assigned to implement production development assistance activities under a national target program.
20. Production development project owner (hereinafter referred to as “project owner”) refers to an affiliation-presiding unit, community team or group, or agency/unit directly managing and implementing the production development project in accordance with the approval decision issued by the competent authority.
Article 4. Principles of management and organization of implementation of national target programs
1. Comply with the Constitution and laws on state budget, construction, public investment and bidding; regulations on delegation and devolution of power in the Law on Government Organization and the Law on Organization of Local Government; and relevant regulations of specialized laws.
2. Clearly delegate tasks, jurisdiction and accountability between central state authorities and local governments for management and implementation of each National Target Program. Central authorities shall promulgate mechanisms and policies, manage, monitor, inspect and provide guidance on implementation; while local authorities shall decide to select contents, allocate resources and take solutions to organize implementation of programs in conformity with practical conditions and within the framework of objectives approved.
3. Strengthen delegation of power and empowerment to provincial authorities and commune-level authorities to develop their initiative and flexibility when managing and implementing national target programs. Promote the people’s rights of owners and consider the people as the destination upon design in mechanisms, policies, development of contents, and management and adoption of solutions to implementation of national target programs. Maintain the local community’s leading role when participating in formulation of plans, implementation and supervision of national target programs.
4. Synchronously implement management measures; strengthen efficient mobilization and use of social resources; integrate various funding sources to implement national target programs with a view to ensuring concentrated, economical, efficient, public and transparent use of these funds; prevent loss and waste; address issues related to fragmented and overlapped investments; avoid outstanding debt accrued from basic construction.
5. Publicly and transparently manage and organize implementation of national target programs.
FORMULATION, APPROVAL, ASSIGNMENT AND ADJUSTMENT TO PLANS TO IMPLEMENT 5-YEAR AND ANNUAL NATIONAL TARGET PROGRAMS
Article 5. Formulation, decision and assignment of plan to implement 5-year national target program
1. Pursuant to the National Assembly’s Resolution on approval of investment guidelines for the national target program; and the Prime Minister’s Decision on principles, criteria, and norms for allocation of central government budget to implementation of the program, the program owner shall preside over and cooperate with component project owners and relevant agencies in:
a) Assigning objectives, tasks and solutions for allocation of a medium-term public investment plan funded by central government budget for the 5-year period of the national target program to ministries, central authorities and provincial authorities; proposing key solutions for implementation of the 5-year national target program and submit such solutions to the Ministry of Finance that will send a consolidated report to a competent authority in accordance with the Law on Public Investment.
b) Notifying the estimated total central government budget recurrent expenditure for the 5-year period of the national target program to each ministry, central authority, and provincial authority.
2. Pursuant to the National Assembly’s Resolution on allocation of medium-term public investment plan funded by central government budget for the 5-year period, the Ministry of Finance shall send a consolidated report to and request the Prime Minister to assign objectives, tasks, and the medium-term public investment plan funded by central government budget for the 5-year period to ministries, central authorities, and provincial authorities on the basis of total funding for the program.
Regarding unused and unallocated funding for the national target program according to the medium-term public investment plan funded by central government budget, the Government shall decide the allocation and send an assessment report to the National Assembly at the end of the medium-term investment period.
Article 6. Formulation, approval and assignment of plans to implement 5-year national target programs at ministries, central and local authorities
1. Formulation and allocation of plans to implement 5-year national target programs at ministries and central authorities
a) Pursuant to the Prime Minister’s Decision on assignment of medium-term public investment plans funded by central government budget, ministries and central authorities shall allocate a medium-term public investment plan for each national target program (if any), specific to component projects, list and funding provided for each public investment project in accordance with the Law on Public Investment.
b) Ministries and central authorities shall report the result of the allocation of 5-year medium-term public investment plan for each national target program via the National Public Investment Information System and Database.
2. Formulation, approval and assignment of plans to implement 5-year national target programs at provincial authorities
a) Pursuant to the Prime Minister’s Decision on assignment of medium-term public investment plans funded by central government budget and the program owner’s notification of the estimated total central government budget recurrent expenditure for the 5-year period of each national target program, the provincial People’s Committee shall send the provincial People’s Council opinions on the proposed allocation of the medium-term public investment plan funded by central government budget, specific to component project, list, and funding provided for each public investment task and project, including: project name, project owner (investor), location, funding structure, scale, total investment, implementation duration, and other relevant information; medium-term public investment plan funded by provincial-government budget and estimated total provincial-budget recurrent expenditure for the 5-year period of each national target program.
In case the power delegation is required, the provincial People’s Committee shall request the provincial People’s Council to decide to delegate power to commune-level People’s Council to decide allocation of and adjustment to medium-term and annual public investment plans funded by central government budget, specific to component projects, lists, and funding provided for public investment projects and tasks under each national target program.
b) Pursuant to the provincial People’s Council’s Resolution, the provincial People’s Committee shall assign objectives, tasks and the medium-term public investment plan funded by state budget, specific to central government budget and provincial budgets for the 5-year period; and notify estimated total state budget recurrent expenditure, specific to central government budget and provincial budgets for the 5-year period of the implementation of each national target program to relevant departments, boards and commune-level authorities under its management.
Specific allocation of the public investment plan shall comply with the provincial People’s Council’s regulations.
c) The provincial People’s Committee shall prepare a consolidated report on the result of the allocation of 5-year medium-term public investment plan for each national target program via the National Public Investment Information System and Database.
3. Formulation, approval and assignment of plans to implement 5-year national target programs at commune-level authorities
a) The commune-level People’s Committee shall request the commune-level People’s Council to decide a medium-term public investment plan funded by commune-level budget and total commune-level budget recurrent expenditure (if any) for each national target program.
If the commune-level People’s Committee is delegated to decide the detailed allocation of the medium-term public investment plan funded by central government budget/provincial budget, it shall request the commune-level People’s Council to decide a medium-term public investment plan funded by state budget, specific to component projects, list, and funding provided for each public investment task and project, including: project name, project owner (investor), location, funding structure, and scale according to regulations on delegation issued by the provincial People’s Council; total investment; implementation duration; and other relevant information.
b) Pursuant to the provincial People’s Council’s Resolution, the provincial People’s Committee’s Decision, the commune-level People’s Council’s Resolution, the commune-level People’s Committee shall assign the medium-term public investment plan and notify estimated total state budget recurrent expenditure for the 5-year period to units.
c) The commune-level People’s Committee shall report the result of the allocation of 5-year medium-term public investment plan for each national target program via the National Public Investment Information System and Database.
Article 7. Formulation, approval and assignment of plans to implement annual national target programs
1. Formulation and approval of state budget estimates and annual public investment plans funded by state budget for the implementation of each national target program at all levels shall comply with the Law on the State Budget and the Law on Public Investment
a) Ministries, central authorities, and provincial People’s Committees shall report results of fulfillment of objectives, performance of tasks and allocation and use of state budget for the implementation year; propose central government budget expenditure estimates, specific to contents and tasks of each component project; propose lists and funding provided for each public investment task and project; and propose objectives for each annual national target program to be submitted to the program/component project owner.
b) The program owner shall preside over and cooperate with the component project owner in specifically assessing results of fulfillment of objectives, performance of tasks, and allocation and use of state budget for the implementation year; and proposing demands for balance and solutions for allocation of central government budget expenditure estimates and public investment plans funded by central government budget, solutions for assignment of objectives for each annual national target program to each ministry, central or local authority, solutions to management, organization of implementation, and results expected to be achieved to the Ministry of Finance.
c) Procedures, content and duration for formulation of state budget estimates and annual public investment plans shall comply with the Law on the State Budget, the Law on Public Investment, the Circular of the Ministry of Finance on formulation of annual state budget estimates and relevant documents.
Program owners shall preside over and cooperate with component project owners in providing guidance for ministries, central and local authorities on formulation of annual public investment plans and estimates for each national target program.
2. Plans to implement annual national target programs shall be assigned as follows
a) Pursuant to the National Assembly’s Resolution on allocation of annual central government budget estimates, and the Government’s Resolution on additional central government budget estimates and annual public investment plans funded by central government budget (if any), the Prime Minister shall assign ministries, central authorities and provincial People’s Committees objectives of each program; central government budget estimates for implementation of national target programs on the basis of total estimate of each program, specific investment and recurrent expenditures; and public investment plans funded by central government budget on the basis of total funding for each program.
b) Ministries, central authorities, and People’s Committees at all levels shall complete allocation and assignment of state budget estimates and annual public investment plans funded by state budget to their inferior agencies and units, specific to central and local government budgets, expenditure sectors, expenditures, and funding provided for each public investment task and project under component projects of each national target program.
Formulation, approval and assignment of list of public investment projects for the implementation of each national target program at local areas shall comply with regulations on delegation issued by the provincial People’s Council.
Article 8. Methods of formulating plans for community-involved implementation of national target programs
1. Methods for formulating plans for community-involved implementation of national target programs may be applied to formulation of 5-year and annual plans at the commune level to execute the following contents:
a) Production development, list of investment projects, and other contents and operations under the national target program to be implemented within the commune.
b) Identification of state budget demands; potential for raising of funding from the local community within the commune, and other lawful funding sources (if any).
c) Solutions for implementation and assignment of responsibilities of the parties.
2. Procedures for formulating plans shall be followed as follows:
a) On the basis of guidelines and notification of the estimated state budget for implementation of each national target program at the provincial level, the commune-level People’s Committee shall assign professional divisions to notify village development boards, mass organizations and relevant parties of objectives, planned operations, forms of financial aid and state budget grants to implement each national target program in the commune.
b) The professional division assigned to implement the national target program shall provide guidance for village development boards to hold meetings to agree on the proposed demands for the implementation of each national target program.
c) Each village development board shall review and finalize the demands of the local community according to each national target program and send finalized demands to the professional division that will submit a consolidated report to the People’s Committee of the commune.
d) The commune-level People’s Committee shall finalize the plan for implementation of the national target program at the commune level, request the commune-level People’s Council to approve and include it in the 5-year medium-term public investment plan, or the annual state budget estimate, the annual public investment plan at the commune level; and subsequently submit the approved plan to the provincial People’s Committee for consolidation.
3. Requirements for formulation of the plan shall be fulfilled as follows:
a) The plan shall be formulated openly and transparently to ensure the promotion of democracy at the grassroots level, gender equality and the participation of regulatory authorities, representatives of mass organizations, representatives of the local community residing in the commune.
b) The local community may propose and give opinions on the plan for implementation of items, operations and investment projects of the national target program at the commune.
Article 9. Execution of plans to implement national target programs
1. Execution of a plan to implement a 5-year national target program
a) Within 45 working days from the date on which the Prime Minister assigns the 5-year medium-term public investment plan funded by central government budget, ministries, central authorities and People’s Committees at all levels shall complete the allocation of the medium-term public investment plan for each national target program; report the allocation result via the National Public Investment Information System and Database; and issue plans to implement all or each 5-year national target program.
b) Each ministry or central authority’s plan to implement the national target program includes tasks, operations, estimated funding to be allocated, funding structure, including investment and recurrent expenditures, specific to each component project of each program; list and funding provided for each public investment task and project (if any); and implementation solutions.
c) The People’s Committee’s plan to implement the 05-year national target program includes objectives and targets for the 05-year period; proposed allocation of state budget, specific to central and local government budgets, investment and recurrent expenditures, and other raised funding sources for implementation of contents, operations, and component projects of each program; list and funding provided for each public investment task and project; and solutions for raising of funding and organization of implementation.
Detailed plans for implementation of national target programs at all local levels shall comply with regulations on delegation issued by provincial People’s Councils.
2. Execution of a plan to implement an annual national target program
a) By December 31st each year, ministries, central authorities and People’s Committees at all levels shall complete allocation and assignment of state budget estimates and public investment plans funded by state budget for the following year for each national target program; and report results of such allocation and assignment via the National Public Investment Information System and Database.
In case where additional central government budget estimates or public investment plans funded by central government budget are assigned in the year, ministries, central authorities and People’s Committees at all levels shall complete allocation and assignment of estimates and plans to their inferior agencies and units within 10 working days from the date on which the Prime Minister assigns additional estimates/plans.
b) The Ministry of Finance shall conduct reviews and report results of allocation and assignment of annual state budget estimates and public investment plans, provided by ministries, central and local authorities. Where it is found that the allocation is inconsistent with estimates or public investment plans as assigned, or does not comply with regulations of laws on state budget and public investment, the Ministry of Finance shall send its written opinions to relevant ministries, central and local authorities within 10 working days from the date of receipt of reports on allocation from such ministries, central and local authorities.
c) Within 90 working days from the date on which the Prime Minister assigns estimates and plans, the Ministry of Finance shall send a consolidated report to a competent authority on solutions for transfer, revocation or processing of state budget estimates and public investment plans funded by central government budget that have not yet been detailedly allocated by ministries, central and local authorities to their inferior agencies and units for implementation.
d) If the plan execution is behind schedule and annually allocated central government budget funding is not fully disbursed but extension is not granted, disbursement may not be carried on in the next year, or the funding is returned to the central government budget in the execution year, then the local government shall provide sufficient funding to ensure timely and complete fulfillment of tasks and projects, thereby meeting objectives of each program.
dd) The transfer of state budget expenditures and the extension of implementation and disbursement of public investment funding for each national target program shall comply with regulations of the Law on State Budget and the Law on Public Investment.
Article 10. Adjustments to plans to implement national target programs
1. Adjustments to a plan to implement a 05-year national target program
a) The Government shall request the National Assembly to decide to adjust total state budget funding, including central and local government budgets, public investment capital and recurrent expenditures for each 05-year national target program, at the same time as report proposed investment guidelines for the program in accordance with the Law on Public Investment.
b) The adjustment to the 05-year medium-term public investment plan funded by state budget for implementation of each national target program at all levels shall comply with regulations of the Law on Public Investment.
The Prime Minister shall decide to adjust medium-term public investment plans funded by central government budget among ministries, central and local authorities, provided that total medium-term capital for each national target program decided by the National Assembly is not exceeded.
Heads of ministries, central authorities, provincial People’s Committees, or competent authorities, according to provincial People’s Councils’ regulations on delegation shall decide the adjustment to the medium-term public investment plan funded by central government budget, including adjustment to funding for component projects, list, and funding provided for public investment projects on implementation of each program under their management, provided that total medium-term capital for each program as assigned by the competent authority remains unchanged.
People’s Committees at all levels shall decide the adjustment to the medium-term public investment plan funded by local government budget for implementation of each national target program, provided that total medium-term capital for each national target program as decided by People’s Councils of the same level remains unchanged.
c) The Prime Minister or the competent authority authorized by the Prime Minister, shall decide to adjust objectives and targets of each 05-year national target program for each ministry, central or local authority as proposed by the program owner.
d) Ministers or Heads of program-managing agencies shall decide to adjust the estimated total recurrent expenditures on each 05-year national target program among ministries, central and local authorities, according to the Prime Minister’s Decision on principles, criteria, and norms for allocation of central government budget for implementation of each program, and provided that total central government budget recurrent expenditure on each 05-year national target program as decided by the National Assembly is not exceeded.
2. Adjustments to a plan to implement an annual national target program
a) The adjustment to annual state budget expenditure estimate for implementation of each national target program at all levels shall comply with regulations of the Law on State Budget.
The Government shall decide to adjust annual central government budget expenditure estimate for implementation of each national target program among ministries, central and local authorities, included in total annual central government budget expenditure estimate decide by the National Assembly at the proposal of the program owner.
Heads of ministries, central authorities, provincial People’s Committees, or budget-using units at all levels shall decide the adjustment to annual state budget estimate for each national target program under their management before December 15, every year, provided that total budget estimated for each program as decided by the competent authority is not exceeded and report the adjustment result in accordance with the Law on State Budget.
In case of adjustment to expenditures carried forward from the previous year, heads of ministries, central authorities, People’s Committees, or budget-using units at all levels shall decide the adjustment to budget estimate and plan for each national target program in accordance with the National Assembly’s Resolution on approval of investment guidelines for each program and relevant regulations.
b) The adjustment to the annual public investment plan for implementation of each national target program at all levels shall comply with regulations of the Law on Public Investment.
The Government shall decide to adjust the annual public investment plan funded by central government budget for implementation of each national target program among ministries, central and local authorities at the proposal of the program owner.
Heads of ministries, central authorities, provincial People’s Committees, or competent authorities, according to provincial People’s Councils’ regulations on delegation shall decide the adjustment to annual public investment plans funded by central government budget, including adjustment to funding for component projects, list, and funding provided for public investment projects on implementation of each program under their management, provided that total annual funding for each national target program as assigned by the competent authority remains unchanged.
People’s Committees at all levels shall decide the adjustment to the annual public investment plan funded by local government budget for implementation of each national target program before December 15, every year, provided that total annual funding for each national target program as decided by People’s Councils of the same level remains unchanged.
In case of adjustment to funding carried forward from the previous year, heads of ministries, central authorities, People’s Committees, or state budget-using units at all levels shall decide the adjustment in accordance with the National Assembly’s Resolution on approval of investment guidelines for each program and relevant regulations.
c) The Prime Minister or the competent authority authorized by the Prime Minister, shall decide to adjust annual targets for objectives and tasks of each ministry, central or local authority as proposed by the program owner.
MANAGEMENT AND USE OF FUNDING FOR IMPLEMENTATION OF NATIONAL TARGET PROGRAMS
Article 11. Management and use of state budget funding for implementation of national target programs
1. State budget funding for implementation of the national target program shall be included in the medium-term public investment plan, the 05-year financial plan, the annual state budget estimate and the annual public investment plan funded by state budget at all levels.
a) Central government budget for implementation of the national target program shall be allocated according to the National Assembly’s Resolution on approval of investment guidelines for the national target program and the medium-term public investment plan funded by central government budget for the 05-year period.
b) Local government budgets for implementation of national target programs shall be allocated in the following cases:
Each local authority receiving funding from central government budget for implementation of the national target program shall be responsible for allocating its local government budget for the 05-year period and balancing its annual local government budget to ensure that the budget is not lower than the reciprocal capital for each program as prescribed by the competent authority.
Each local authority that does not receive funding from central government budget for implementation of the national target program shall be responsible for allocating its local government budget for the 05-year period and balancing annual state budget to implement each program.
2. Allocation and use of state budget for implementation of national target programs shall adhere to the following principles
a) The allocation and use of state budget for implementation of each national target program shall comply with regulations of the Law on State Budget, the Law on Public Investment, the National Assembly’s Resolution on approval of investment guidelines for each national target program; and the Prime Minister’s Decision on principles, criteria, and norms for allocation and proportion of reciprocal capital provided by local government budget for implementation of each national target program and relevant regulations; maintain focused and key investment, be transparent and public, avoid duplication and ensure that objectives, mechanisms and policies are centralized and unified managed.
b) The allocation of central government budget to ministries, central and local authorities for implementation of annual national target programs shall be based on capacity to balance state budget and the result of the assessment of the previous year’s implementation, use and disbursement of state budget by each ministry, central/local authority; focus on investment and implementation of assistance policies in disadvantaged and extremely disadvantaged areas, ethnic minority and mountainous areas, border and sea areas and islands.
In case of cancellation of allocation or inability to allocate funding according to the estimate/plan because the subject of assistance no longer exists or the expenditure objective has ended, the total funding from central government budget for the 5-year period and the subsequent years for each program shall be reduced accordingly.
c) The Prime Minister shall allocate central government budget to ministries, central and local authorities on the basis of total funding for programs, specific to investment and recurrent expenditures; ministries, central and local authorities shall decide the detailed allocation according to content, tasks, expenditure, investment project, and component project under each national target program.
d) Agencies and units at all levels using state budget to implement each national target program shall be concentrated, meet the correct objectives and use budget for the correct subjects; avoid duplication, loss and waste.
3. State budget shall cover:
a) Content and operations of each national target program according to the competent authority’s Decision on approval of national target program.
b) Inspection, supervision, assessment and operations of the Steering Committee on national target program at all levels.
4. Management, payment, and final settlement of state budget for implementation of tasks, operations, and projects under the national target program are prescribed as follows:
a) Management, advance payment, payment, and final settlement of public investment capital for implementation of investment projects and tasks under national target programs shall comply with regulations of the Law on State Budget, the Law on Public Investment, the Government’s Decree on management, payment, and final settlement of projects using public investment capital, Article 12 of this Decree, and other relevant legislative documents.
b) Management, advance payment, payment, and final settlement of state budget recurrent expenditure funding for the implementation of each national target program shall comply with regulations of the Law on State Budget, the Government’s Decree on elaboration of the Law on State Budget, the Government’s Decree on administrative procedures in the field of State Treasury, the Circular of the Ministry of Finance on management, use, payment, and final settlement of state budget recurrent expenditure funding for the implementation of each national target program, and other relevant legislative documents.
Article 12. Mechanisms for use of state budget funding as investment assistance for subjects of national target programs
1. Principles
a) Public investment capital in monetary form on the basis of norms applied to individuals and households making self-investment according to assistance contents of the national target program shall be managed by objective instead of investment project. Property formed after the investment is not public property.
b) Objectives, contents and subjects shall comply with the Decision on approval of the national target program. Technical conditions and requirements (if any) of each policy shall comply with regulations of relevant specialized laws.
c) The Prime Minister shall prescribe funding from central government budget, and the provincial People’s Council shall decide funding from local government budget for each policy beneficiary.
2. Procedures for compiling, reviewing and deciding list of beneficiaries:
a) Annually, the commune-level People’s Committee shall assign its specialized division to public announce policy information, review, assess, and compile a list of beneficiaries who need and are eligible for assistance, in conformity with content, subjects, principles, and criteria prescribed by each policy, and submit the list to the commune-level People’s Committee for approval before a competent authority assigns the annual funding estimate and plan to it.
b) The commune-level specialized division shall be responsible for publicly announcing the list of beneficiaries and funding for each content of the policy at the head office of the commune-level People’s Committee, the division’s head office, and its web portal.
3. Funding withdrawal and payment to eligible beneficiaries
a) On the basis of the medium-term public investment plan and the annual public investment plan funded by state budget as assigned by the competent authority, the commune-level People’s Committee shall assign its specialized division that is an accounting unit or budget estimate unit to withdraw funding from the State Treasury to make separate payment to each beneficiary
In case within 30 days from the date of funding withdrawal, the payment to the beneficiary is not completed, the commune-level specialized division shall be responsible for returning the unpaid funding to the State Treasury.
b) The provincial People’s Committee shall decide implementation progress, conditions for advance payment, advanced funding and payment to each beneficiary only once or twice
In case of installment payments, the first payment shall be made after the beneficiary has completed the workload as scheduled and funding is prescribed by the provincial People’s Committee; the remainder shall be paid after the beneficiary has completed the investment.
4. Documenting the process of policy implementation and payment to eligible beneficiaries
a) Documents for monitoring the process of policy implementation include a logbook for monitoring the implementation by each beneficiary from the time of initial payment of funding until the completion of payment and final settlement of funding, certified by the specialized division of the commune-level People’s Committee; a record confirming the result of acceptance of workload completed as scheduled between the specialized division of the commune-level People’s Committee assigned to implement the national target program and each beneficiary, using Form No. 01 attached to this Decree; other relevant documents as prescribed by specialized laws or regulations issued by the provincial People’s Committee (if any); payment documents; the list of beneficiaries signing for receipt of funding, and written payment confirmation.
Documents for monitoring the process of policy implementation shall be stored at the commune-level specialized division.
b) Documents for payment include a written request for funding withdrawal, using Form No. 02; list of beneficiaries and funding provided for households, approved by the competent authority, certified by signatures of beneficiaries, their authorized representatives, or the household owners, and using Form No. 03 enclosed with this Decree; the medium-term public investment plan and annual investment plans funded by state budget as assigned by the competent authority; and the list of beneficiaries approved by the competent authority.
Each payment document shall be made into 02 copies. 01 copy shall be submitted to the State Treasury to withdraw funding for payment to the beneficiary; and 01 copy shall be stored at the commune-level specialized division.
5. Monitoring the process of implementation and final settlement of funding
a) The commune-level specialized division shall monitor, inspect and certify implementation results and final settlement of funding paid to beneficiaries.
b) In case the beneficiary has received the initial payment but has not followed procedures for paying the remainder according to norms by the end of the national target program implementation period, the commune-level specialized division shall issue a written notification requiring the beneficiary to strictly follow investment result acceptance procedures and procedures for paying the remainder as regulated.
No more than 03 notifications shall be issued within 30 days from the end of the national target program implementation period.
c) In case after 03 notifications, the beneficiary fails to strictly follow procedures for accepting investment results and paying the remainder, the commune-level People’s Committee shall finally settle the paid funding; and does not pay or finally settle the remainder according to norms (if any).
Article 13. Integration of funding sources for implementation of national target programs
1. Principles of integration of funding sources for implementation of national target programs
a) Funding sources shall only be integrated for implementation of national target programs in case of simultaneous duplication of objectives, subjects, scope, location and implementation contents. Such integration must ensure that the objectives and tasks of each program remain unchanged.
b) Funding sources for other programs and projects that do not belong to the national target program but have the same objectives, beneficiaries, operations, and are implemented in the same administrative division shall be integrated to mobilize resources for fulfillment of objectives and tasks of each national target program.
c) Funding sources, mechanisms for implementation, payment, and final settlement of funding for each content, operation, project, and investment item under each program, project or policy shall be clearly defined; funding sources for programs/projects/policies must not be combined after integration.
2. Funding integration content and plan among national target programs, and integration of funding from other programs and projects for implementation of national target programs, shall comply with the provincial People’s Council’s regulations.
3. Procedures for payment and final settlement of funding integrated shall be followed in accordance with respective mechanisms for management and use of funding for each program, project, task or policy.
Article 14. Raising, managing and using social policy credit capital for implementation of national target programs
1. Social policy credit capital for implementation of a national target program shall be raised as follows:
a) Allocating state budget funding on the basis of capacity to balance and mobilize resources to the maximum to implement preferential credit policies for eligible beneficiaries of the national target program. Central government budget for social policy credit shall be balanced and included in total public investment capital from central government budget in accordance with the National Assembly’s Resolution on approval of investment guidelines for each program.
b) On the basis of the National Assembly’s Resolution on approval of investment guidelines for each national target program, the program owner shall request the Prime Minister to decide beneficiaries to and conditions for loans; scope, loans, term, and interest rates; funding sources; interest rate subsidization, and other relevant contents for social policy credit for eligible beneficiaries and specific assistance of the national target program.
c) Based on local socio-economic conditions, the provincial People’s Committee shall request the provincial People’s Council to decide mechanisms, policies, and scale of allocation of self-balanced local government budget for implementation of preferential credit policies for eligible beneficiaries and specific assistance of the national target program in accordance with the Law on Public Investment and the Law on State Budget.
2. Social policy credit capital for implementation of national target programs shall be managed and used according to each preferential credit policy approved by the competent authority and regulations of the law on credit.
Article 15. Raising and using other lawful funding sources for implementation of national target programs
1. Lawful funding sources for implementation of a national target program shall be raised as follows
a) Raise and attract funding from enterprises, organizations, and individuals to implement production assistance projects and other operations in accordance with the law on investment.
b) Mobilize voluntary contributions from enterprises, organizations and individuals by cash, in-kind contribution or labor days to implement the national target program in a manner that is voluntary, public, transparent and accountable as prescribed by law.
2. Lawful funding sources for implementation of a national target program shall be used as follows
a) Funding from enterprises, organizations, and individuals through investment attraction policies shall be managed and used in accordance with the law on investment and relevant legislative documents.
b) Voluntary contributions in cash or in kind from organizations and individuals shall be managed and used in accordance with the law on state budget and relevant legislative documents.
Voluntary contributions from organizations and individuals shall be used in accordance with written commitments between contributors and competent state management agencies in a public and transparent manner.
c) Voluntary contributions in cash, in kind, or by labor days from the community participating in the implementation of national target programs shall be directly managed and used by the community.
MECHANISMS FOR ORGANIZATION OF IMPLEMENTATION OF CONSTRUCTION INVESTMENT PROJECTS THAT ARE OF SMALL SCALE, TECHNICALLY SIMPLE WITH PARTICIPATION OF THE COMMUNITY
Article 16. General regulations on organization of implementation of construction investment projects that are of small scale, technically simple with participation of the community
1. Construction investment projects that are of small scale, technically simple with participation of the community (hereinafter referred to as “community projects”) shall have their economic-technical reports prepared in a simple form. Contractor selection shall be organized by the “community participation” method; and management of operation and maintenance of works shall follow standard procedures decided by the local authority.
2. State budget shall partially cover funding and the remaining funding is provided by the community and covered by other lawful funding sources to implement construction investment projects. Regarding projects to be implemented in ethnic minority and mountainous areas or extremely disadvantaged areas, state budget shall cover up to 100% of the investment
3. Contributions from the community in cash or in kind, or by labor days converted into cash shall be included in the work value to monitor and manage the agreed contribution percentage; they must not be recorded as state budget revenues or expenditures.
4. The unit price for preparation of a simple economic-technical report on employment or use of local materials shall be determined based on the market price in the area where the project is implemented.
The specialized division assigned to implement the national target program, the commune-level construction investment project management board , or the village development board shall be responsible for determining the market price for employment or use of local materials.
5. The payment of state budget funding for implementation of the construction investment project must be based on the result of acceptance of completed workload, certified by the specialized division assigned to implement the national target program or the commune-level construction investment project management board. Project management costs shall comply with regulations of the law on investment in construction.
Article 17. Criteria for identification of community projects
1. Community projects are under a national target program, implemented within a commune-level administrative division, and managed by the commune-level People’s Committee.
2. Community projects are technically simple or use model designs or typical designs, or existing designs previously applied within the province or city.
a) Criteria for identification of construction investment projects that are technically simple shall comply with the construction law; projects in other specialized sectors shall be implemented in accordance with relevant specialized laws.
b) Criteria for model designs, typical designs, and existing designs shall comply with regulations issued by the provincial People’s Committee.
3. Total investment in the project must not exceed total investment in a project included in the list of community projects as prescribed by each local authority.
The provincial People’s Committee shall prescribe the list of community projects and criteria for maximum total investment in a project according to each community project type; however, total investment shall not exceed total investment in a project requiring an economic-technical report as prescribed by the construction law.
Article 18. Preparation of simple economic-technical reports
1. Content of a simple economic-technical report
a) Description of the project, including project name, investment objectives, construction location, land use area, project owner, scale, and duration; total investment and investment funding structure (including state budget, contributions from the community, and other lawfully raised funding, if any); expected self-implementation capacity of the community, the community enjoying benefits and the contractor selection plan with participation of the community
b) Drawing design and the list of construction investment costs in one of the following cases: drawings that are technically simple; drawings according to model or typical designs applied within the province or city; or drawings according to existing designs previously applied within the province or city.
2. Procedures for preparing the simple economic-technical report
a) Based on the guidelines given by the provincial People’s Committee, the commune-level People’s Committee shall assign the specialized division or the commune-level construction investment project management board to notify village development boards and the local community within the village of the project/works.
In case where projects or works are not yet included in the list on which the community has given opinions during the formulation of medium-term or annual public investment plan, the specialized division shall seek opinions from the community in accordance with procedures prescribed in Article 8 of this Decree.
b) The specialized division or the commune-level construction investment project management board shall prepare the simple economic-technical report and submit it to the commune-level People’s Committee.
In case where the commune-level People’s Committee assigns the community to self-implement the project, the village development board shall prepare a simple economic-technical report and submit it to the commune-level People’s Committee.
Article 19. Appraisal of simple economic-technical reports and approval of investment in projects
1. An application for appraisal includes: a simple economic-technical report as prescribed in clause 1, Article 18 of this Decree; the minutes of the community’s meeting; and legal documents and materials related to construction of the works (if any).
2. Appraisal of the simple economic-technical report
a) The commune-level People’s Committee shall assign the specialized division in charge of construction management or specialized management related to the project eligible for special mechanism to propose the establishment of an appraisal team and an assistance team to appraise the simple economic-technical report.
The appraisal team consists of the Head who is a leader of the specialized division in charge of construction management or specialized management related to the community project; a representative of the community investment supervision board; representatives of the specialized division in charge of finance and other relevant specialized divisions; and experts or persons with professional qualifications elected by the community.
b) The leadership of the commune-level People’s Committee shall establish an appraisal team for the simple economic-technical report at the proposal of the specialized division as prescribed in point a, clause 2 of this Article
c) The duration for organization of the appraisal of the simple economic-technical report and completion of the appraisal result report shall not exceed 10 working days from the date of receipt of a complete and valid application.
3. Contents to be appraised
a) Assessment of the consistency of the project with construction planning, local land-use planning, and other relevant planning.
b) Assessment of the consistency of drawings with actual site conditions; safety and measures for assurance of the safety of adjacent infrastructure; fulfillment of environmental protection requirements; and technical feasibility, the self-implementation capacity of the community or the assigned organization.
c) Reasonableness of costs compared to local market prices and other similar projects that have been or are being implemented (if any).
d) Capacity to raise funding according to each funding source, including: state budget funding compared to the 5-year medium-term plan assigned by the competent authority; contributions from organizations and individuals; and other lawfully raised capital.
dd) Expected construction progress.
4. Approval of investment in the project
a) On the basis of appraisal opinions, the specialized division or the commune-level construction investment project management board or the village development board shall complete the application and submit it to the Chairperson of commune-level People’s Committee to decide to approve the investment project.
b) The investment approval decision shall clearly define the community’s roles in organization and supervision of construction, management of operation and maintenance of works.
Article 20. Selection of contractors for implementation of community projects
1. Selection for a contractor for a single construction package or multiple construction packages to implement a community project approved in the contractor selection plan is “community participation”. The maximum value of a single package with the community participation shall comply with regulations of the Law on Bidding.
2. Principles of selection of a contractor for a package with the community participation during the implementation of the national target program
a) Community, a mass organization, or a team or group of local laborers must reside in the commune, ward, or special zone where the project exists, and possess experience and technical qualification in organization of the implementation of small-scale and technically simple construction packages.
b) In case where no community, mass organization, or team/group of local laborers within the commune, ward, or special zone is available or eligible to implement the package, the commune-level People’s Committee may extend the search to include the entire city or province.
c) In case where no community, mass organization, or team/group of local laborers within the commune, ward, or special zone is available or eligible to implement the package within the province/city, the commune-level People’s Committee may select a cooperative to implement the package.
3. Eligibility of the cooperative, community, mass organization, team or group of laborers to implement the package
a) Eligibility of the community, mass organization, team or group of laborers shall comply with regulations of the Government’s Decree on elaboration and measures for enforcement of the Law on Bidding regarding contractor selection.
b) The cooperative participating in the implementation of the package must be headquartered in the commune, ward, or special zone, or in the province or city where the project exists, with priority given to the cooperative that is headquartered in the commune, ward, or special zone where the project exists; must provide documents proving its capacity and experience in implementation of similar investment works; and commit to employ local laborers residing in the commune, ward, or special zone as the direct labor force for construction.
4. Procedures for selecting the contractor
a) The specialized division assigned to implement the national target program or the commune-level construction investment project management board shall draft a contract including requirements for scope and content of workload, quality and progress, contract price, and the rights and obligations of the parties.
b) The specialized division or the commune-level construction investment project management board shall publicly notify the invitation to participate in the package at the commune-level People’s Committee’s head office, through commune-level mass media, and at community meeting places within at least 03 working days. The notification must clearly state the time for the meeting to discuss the package implementation plan.
c) The community, mass organization, team or group of laborers or the cooperative shall receive the draft contract to conduct study and prepare an application for implementation of the package, including: full name, age, capacity, and experience of each participant appropriate to the nature of the package; the bid price; and the implementation schedule.
d) The specialized division or the commune-level construction investment project management board shall conduct review and assessment to select the best contractor and invite a representative for negotiation and signature of the contract; the priority shall be given to the mass organization, team or group of laborers or the cooperative employing ethnic minorities, members of poor households, near-poor households, or newly escaped-from-poverty households.
dd) The maximum duration from the public notification of the invitation to participate in the package until the signature of contract shall be 30 days.
e) The specialized division or the commune-level construction investment project management board shall publicly post the result of selection of the community, mass organization, team or group of laborers or the cooperative for implementation of the package on the Vietnam National E-Procurement System or at its head office and through commune-level mass media.
5. In case where the directly benefiting community has sufficient capacity for management and organization of construction of the technically simple project and total investment is less than 500 million VND, the commune-level People’s Committee may select a mechanism for assigning the community (via the village development board) to self-implement the project. The provincial People’s Committee shall prescribe forms and norms of state budget funding for implementation of the project.
Article 21. Management of construction of works, payment and final settlement of community projects
1. Organization of construction of works
a) On the basis of the project investment approval decision, the contractor selection result, and the assigned funding plan, the specialized division assigned to implement the national target program or the commune-level construction investment project management board shall sign a construction contract with the representative of the winning community, organization, team/group of laborers, or cooperative (hereinafter referred to as “construction contractor”) for implementation
b) In case where the mechanism prescribed in clause 5, Article 20 of this Decree is applied, in the project investment approval decision, the commune-level People’s Committee shall assign the village development board (the construction contractor) to act as the focal agency for implementation of the project and signature of the construction contract with the local resident directly participating in the construction.
2. Responsibility of the construction contractor
a) Establish construction methods and schedule; and propose safety measures for occupations with high risk of occupational insecurity (if any).
b) Organize the inspection of materials, components, construction products, and installed equipment before and during construction; construct works and control quality of construction in accordance with design requirements according to the project investment approval decision, and the construction contract.
c) In case of any discrepancies or inconsistencies between design documents and the construction contract (if any), and actual conditions during construction, notify the specialized division assigned to implement the national target program, the commune-level construction investment project management board, or the commune-level community supervision board to make necessary adjustments.
d) Make a construction logbook, including the following information: the number of workers and construction equipment at the site construction; construction tasks performed and accepted every day at the site construction; incidents, defects, occupational accidents, other issues arising, and remedial or handling measures (if any).
dd) Prepare and store as-built drawings and construction management dossiers, then hand them over to the specialized division assigned to implement the national target program or the commune-level construction investment project management board when completing the construction. As-built drawings shall be prepared in accordance with the law on construction.
3. Responsibilities for management of quality and supervision of construction of works
a) The commune-level People’s Committee shall manage quality, progress, volume, occupational safety, construction environment, and costs of management of investment in construction of each work according to a mechanism for organization of implementation of community projects.
b) The specialized division assigned to implement the national target program, the commune-level construction investment project management board, or the commune-level community supervision board shall be responsible for supervision during construction of works.
4. The specialized division assigned to implement the national target program, the commune-level construction investment project management board, or the commune-level community supervision board shall be responsible for supervision of construction of works as follows:
a) Inspect and certify the type, quality, and quantity of materials, components, construction products, and equipment installed in the work, documents on origin and certification of quality (if any) as required by the design dossier.
b) Inspect, supervise and urge the contractor to construct works at the construction site in accordance with design requirements, construction methods, safety measures, and the project schedule; and perform acceptance tasks as prescribed.
c) Inspect and certify as-built drawings and the completed construction quantity; organize the preparation and storage of construction management dossiers in accordance with regulations.
5. The specialized division assigned to implement the national target program or the commune-level construction investment project management board shall organize the acceptance of construction works and final acceptance of completion of the project; the acceptance results shall be certified by a record, and the acceptance of construction works may be recorded directly in the construction logbook. Main contents of the record include:
a) Name of construction task or work accepted, time and location for acceptance.
b) Signatories to the construction acceptance record, including the specialized division assigned to implement the national target program or the commune-level construction investment project management board, the commune community supervision board, and the representative of the construction contractor.
The record of final acceptance of completion of the project shall be signed by the aforementioned parties, the representative of the commune-level People’s Committee, and other relevant parties as decided by the commune-level People’s Committee.
c) Acceptance conclusion, which clearly states the approval or rejection of the acceptance; requirements for repair or completion of the performed tasks, and other requirements (if any).
6. Procedures for payment and final settlement of community projects shall comply with regulations of clause 4, Article 11 of this Decree.
Article 22. Management of operation and maintenance of works invested and constructed under mechanism for organization of implementation of community projects
1. The provincial People’s Committee shall issue model maintenance procedures for management of operation and maintenance of works invested and constructed under a mechanism for organization of implementation of community projects.
Model maintenance procedures include subjects/objects, methods, and frequency of inspection; content and instructions for maintenance suitable for each work part, work type, and installed equipment; time and instructions for periodic replacement of installed equipment; instructions for methods for repair of defects and handling of degraded works; the service life of the work, its parts, items, and installed equipment; other instructions related to maintenance of the work and regulations on conditions for assurance of occupational safety and environmental hygiene during the maintenance process, and other contents as prescribed by the law on construction.
2. Pursuant to regulations of the provincial People’s Committee, the commune-level People’s Committee shall:
a) assign the specialized division assigned to implement the national target program, the commune-level construction investment project management board, or the village development board to directly manage operation of the constructed work.
b) assign the specialized division assigned to implement the national target program or the commune-level construction investment project management board to formulate a maintenance plan on the basis of model maintenance procedures as prescribed by the provincial People’s Committee.
c) decide the maintenance plan and select the community, mass organization, or team or group of local laborers or cooperative to maintain the constructed work.
3. Construction work maintenance costs shall be determined by estimates in accordance with the law on investment in construction of works.
Maintenance costs include costs for annual maintenance tasks, work repair costs, consultancy costs serving maintenance, maintenance management costs incurred the owner or the manager/user, and other costs (if any).
PRODUCTION DEVELOPMENT ASSISTANCE MECHANISM IN NATIONAL TARGET PROGRAMS
Article 23. Management and provision of assistance in development of production
1. State budget shall grant funding for development of production in the form of a project; the assistance period shall be determined according to production cycles, divided into multiple fiscal year, and does not exceed the duration of the national target program. The program owner shall provide guidance on the application of technical conditions for each type of production development project within the scope of the national target program.
2. Production development projects must ensure that at least 50% of participants are beneficiaries of the national target program, with priority given to projects where over 70% of participants are members of poor households, near-poor households, newly escaped-from-poverty households, ethnic minority households, people with meritorious services to the revolution, or women from poor and ethnic minority households.
State budget shall provide funding for each participant in the production development project according to the project approval decision.
3. Costs for selection of production development projects (including: costs for surveys and assessments; establishment of project selection councils; selection of units in charge of commissioning and assignment of tasks; organization of bidding for selection of product and service providers; appraisal of prices in plans for purchase of materials, goods, and services) shall be included in funding for development of production or recurrent expenditures incurred by the agencies in charge of production development assistance, without exceeding 5% of total funding allocated for production development assistance
4. Payment and final settlement of state budget funding for production development assistance shall be based on the results of acceptance of completed workload volumes according to the annual progress.
Article 24. Management and use of state budget funding for purchase of goods and services for implementation of production development projects
1. In case the project management agency directly purchases goods and services, then transfers them to the affiliation-presiding unit, or the community team or group, state budget shall be managed and used as follows:
The project management agency shall purchase goods and services in accordance with the Law on State Budget, the Law on Bidding, and the Government’s Decree on assignment of tasks, commissioning or bidding for provision of public products and services using state budget from recurrent expenditures, and other relevant laws.
2. In case the project owner is assigned to self-purchase purchases goods and services to implement the production development project, state budget shall be managed and used as follows:
a) In case where the affiliation-presiding unit or affiliation partners directly produce and supply goods and services within their business lines, or where the community team or group self-produces and supplies goods and services, the project management agency shall directly pay costs for production and supply of goods and services to the project owner on the basis assistance norms decided by the provincial People’s Council.
b) In case where the project owner uses goods and services directly produced and supplied by local residents (who do not participate in the project) within the project area, the project management agency shall verify and pay the project owner based on the prices of such goods and services purchased in the commune.
In case goods and services of the same type are not available in the project area, the project management agency shall refer to the prices of identical goods and services within the province or city to decide the payment to the project owner.
c) In case where the project owner enters into a purchase contract with a provider that is not a project participant, the project management agency shall pay the provider based on the purchase contract certified by the project owner, the provider, and the project management agency. The payment amount shall not exceed state budget norm for implementation of the project as decided by the provincial People’s Council.
The project owner is responsible for providing all sales invoices and other documents (if any) to the project management agency within 15 days from the date of receipt of the goods and services from the provider.
3. The purchase method and the unit in charge of purchasing goods and services must be specifically identified in the production development project approval decision.
Article 25. Management and use of property formed from production development assistance
1. Management and use of property formed during the project implementation duration
a) The affiliation-presiding unit, the community team or group and the unit directly implementing the production development project shall be responsible for managing, protecting, and using property for the intended purposes as specified in the project approval decision, and making a logbook to monitor use and depreciation of the fixed property during the project implementation duration.
Management, use and depreciation of property formed from production development assistance, and the determination of the property’s residual value at a specific time, shall be the same as those for the fixed property in accordance with the law on management, use, and depreciation of fixed property.
b) Regarding production tools, instruments, seeds, and livestock provided for and assigned to participants in the project for direct management and use for production development, the logbook is not required to be made to monitor use and depreciation of the fixed property during the project implementation duration.
2. Disposal of property upon completion of value-chain linked production development project
a) The property ownership is transferred to the affiliation-presiding unit or affiliation parties. Such property includes property with initial value of less than 500 million VND, fully or partially covered by state budget funding; property with initial value of at least 500 million VND, covered by state budget funding that does not exceed 20% of the property value; and land-attached property partially or fully formed from State’s subsidy and constructed on land of which the affiliation-presiding unit or affiliation parties have land use rights.
The method for distributing the property ownership among the affiliation-presiding unit or affiliation parties shall follow the property disposal method specified in the project approval decision.
b) In case the property is the right to use land allocated by the State without collection of land use levy, or leased or allocated by the State with collection of land use levy and land rents and land use levies are covered by state budget; the property is land use rights legally transferred from others and the amounts of transfer of land use rights are covered by state budget; and the land-attached property does not fall under the cases specified in point a, clause 2 of this Article, such property shall be disposed in accordance with regulations of the land law.
c) Damaged and unusable property shall be demolished or disposed.
In case where supplies and materials are collected from the demolished or disposed property, they shall be sold. The proceeds, after deducting costs for demolition, disposal, and sale (including: valuation costs, auction organization costs, and taxes as prescribed), shall be returned to the affiliation-presiding unit or affiliation parties in proportion to their initial contribution to the property’s formation; the value corresponding to the State’s subsidy shall be remitted to state budget of the same level.
d) The property partially or fully provided by the State and not included in the property group specified in points a, b, c clause 2 of this Article shall be disposed as follows:
The affiliation-presiding unit or affiliation parties shall hire a valuation organization to assess the property upon the project completion and submit an application for handover of the property to the project management agency. The application includes an application form for handover of the property; a logbook for monitoring use and depreciation of the fixed property (01 certified copy); a valuation report prepared by the valuation organization (01 certified copy); and other documents (if any).
The priority shall be given to sale of the property to the affiliation-presiding unit or affiliation parties; the affiliation-presiding unit or affiliation parties shall be responsible for paying the project management agency the property value, after deducting valuation costs, which corresponds to the State’s funding granted for transfer to state budget of the same level.
If the affiliation-presiding unit or affiliation parties refuse the preemptive right to purchase the property, the project management agency shall sell the property in accordance with the law on property auctions. The proceeds from the property sale, after deducting costs for valuation, auction, and taxes as prescribed, shall be returned to the affiliation-presiding unit or affiliation parties in proportion to their initial contributions to the property’s formation; the value corresponding to the State’s funding granted shall be remitted to state budget. The affiliation-presiding unit shall transfer all vouchers (01 certified copy) determining valuation costs and other relevant costs to the project management agency.
3. Upon completion of a community production development project or production development project implemented under a task-based or specific production development assistance mechanism, the property shall be disposed as follows
a) The property ownership is transferred the community or the subject of assistance of the project.
b) The property ownership is distributed among households and individuals participating in the project by the property disposal method specified in the project approval decision.
4. The type and value of property formed from the production development project (if any); the beneficiaries, the methods for managing and using the property during the project implementation duration, and the property disposal methods upon the project completion must be specifically defined in the production development project approval decision.
Section 2. VALUE-CHAIN LINKED PRODUCTION DEVELOPMENT ASSISTANCE MECHANISM
Article 26. Conditions for selection and methods, details, and funding for implementation of value-chain linked production development projects
1. Conditions for selection of a value-chain linked production development project
a) The value-chain linked production development project shall identify results regarding job creation index, income growth level, and contributions to local socio-economic development according to the annual plan and upon the project completion.
b) The affiliation-presiding unit or affiliation parties must have a contract or memorandum of cooperation in training, technical assistance, supply of input materials and services, production organization, harvest, preliminary processing, processing, procurement, and consumption of products.
c) Meeting technical conditions for each type of production development project in each sector and field under the management in accordance with specialized laws.
d) Maintaining the rate of participation of residents who are beneficiaries of the national target program in accordance with regulations of clause 2, Article 23 of this Decree.
dd) Meeting other conditions as prescribed by the provincial People’s Committee (if any).
2. Methods of assisting the implementation of a value-chain linked production development project
a) In-kind assistance and provision of services for the affiliation-presiding unit or affiliation parties through the affiliation-presiding unit. Goods and services shall be purchased according to regulations in clause 1 Article 24 of this Decree.
b) Direct provision of assistance in cash for the affiliation-presiding unit self-implementing the project according to the project approval decision. The project management agency shall pay funding to the affiliation-presiding unit in accordance with clause 2 Article 24 of this Decree.
c) Combination of direct provision of assistance in cash and in-kind assistance and provision of services.
3. Details and funding granted by state budget
a) Details about assistance from state budget in implementation of the value-chain linked production development project shall be consistent with the decision to approve each national target program and the program owner’s guidelines.
b) The maximum funding for a value-chain linked production development project and the funding norm applied to each participant shall comply with regulations issued by the provincial People’s Council.
c) The competent authority approving the project shall decide the specific funding granted by state budget for a project, provided that it does not exceed the maximum funding per project as decided by the provincial People’s Council.
Article 27. Linkage project proposal
1. A linkage project proposal includes:
a) A written proposal, using Form No. 04 enclosed with this Decree;
b) Project content, using Form No. 05 enclosed with this Decree;
c) Written agreement to appoint a unit to act as the affiliation-presiding unit, using Form No. 06 enclosed with this Decree;
d) Commitment to the quality of products, goods, and services; a certified copy of the linkage contract; and other documents (if any) as prescribed by the provincial People’s Committee.
2. The provincial People’s Committee shall prescribe the proposal-receiving authority and the method for submitting the proposal by each local business line or sector.
Article 28. Procedures for selecting linkage projects
1. Notification of plan and preparation of project proposal
a) The agency assigned to implement production development assistance activities shall notify an implementation plan for value-chain linked production development assistance activities under national target programs on mass media, on its website, or by public posting at the agency’s head office.
The plan to implement production development activities shall clarify the following information: objectives, requirements, and criteria for selection of the production development project; deadline for receipt of the proposal; duration for assessment and selection of the project; duration for public disclosure of the result of selection; the duration for receipt and response to a petition for the result of selection (if any); duration for finalization of the proposal to be submitted to the competent authority for selection of the project; and other relevant contents.
b) The affiliation-presiding unit shall prepare a project proposal in accordance with the Article 27 of this Decree and send it to the agency notifying the plan to implement production development activities.
2. Organization of assessment of project proposal
a) The agency assigned to implement production development activities shall request the competent authority to establish a council for assessment of the linkage project proposal in accordance with regulations on delegation of power over approval of selection of the project issued by the provincial People’s Committee. The council shall automatically dissolve after the competent authority decides to approve the project selection. The agency assigned to implement production development activities shall assist the council.
Leaders of the provincial People’s Committee shall establish a council for selection of a value-chain linked production development project managed by the provincial authority. The provincial selection council is composed of the President who is a leader of the specialized department managing the project’s sectors, members who are representatives of relevant departments, a representative of the People’s Committee of commune where the project is implemented, and independent experts or other members.
Leaders of the commune-level People’s Committee shall establish a council for selection of a value-chain linked production development project managed by the commune-level authority. The commune-level selection council is composed of the President who is a leader of the specialized division affiliated to the commune-level People’s Committee, members who are representatives of relevant divisions, and independent experts or other members.
b) The selection council shall proceed to assess each value-chain linked production development project proposal.
The assessment content must clarify the fulfillment of requirements for proposal, procedures, and conditions prescribed in Article 26 of this Decree; the necessity of implementation of the linkage project; the purchase plan and the focal agency in charge of implementing plans for purchase of production supplies and equipment, provision of services, and plant varieties or livestock breeds proposed for assistance from state budget (if any); methods for management and use of property during the project implementation and disposal of property upon the project completion; and risks and financial contingency plans (if any).
3. Public disclosure of information and finalization of project approval proposal
a) The agency assigned to implement production development assistance activities shall publicly disclose the Council’s assessment result at its head office and on the website of the project management agency, or the website of the provincial People’s Committee (regarding projects managed at the provincial authority), or the website of the commune-level People’s Committee (regarding projects managed at the commune-level authority). The duration for such disclosure is 05 working days from the date on which the council’s assessment report is made.
b) Within the public disclosure period, if a petition is received from the affiliation-presiding unit, the agency assigned to implement production development assistance activities must provide a written response for the affiliation-presiding unit. Where necessary, the agency shall consult the selection council before responding to the affiliation-presiding unit. The response duration shall not exceed 05 working days from the date of receipt of the petition from the affiliation-presiding unit.
c) After 10 working days from the date of public disclosure, the agency assigned to implement production development assistance activities shall finalize the proposal to be submitted to the competent authority for decision to select each project.
4. Project selection decision
a) On the basis of the assessment report made by the project selection council and the proposal from the agency assigned to implement production development assistance activities, the leadership of the provincial People’s Committee shall decide or authorize the head of provincial department to approve the project managed by the provincial authority; the leadership of the commune-level People’s Committee shall decide or authorize the head of specialized division to approve the project under the management of the commune-level authority.
b) The project approval content includes the following information: project name; name of the affiliation-presiding unit and names of affiliation parties; implementation period; implementation location; total cost and capital structure, including state budget, the affiliation-presiding unit’s capital, affiliation parties’ contribution, concessional credit (if any), and integrated funding from implementation of policies (if any); content, activities, and responsibilities of the parties for each item/activity; funding, progress in disbursement and payment of funding from state budget, and a detailed estimate for each content/activity; expected results by the fiscal year and upon the project completion, and the linkage plan; the purchase plan and the focal agency in charge of implementing plans for purchase of production supplies and equipment, provision of services, and plant varieties or livestock breeds proposed for assistance from state budget (if any); assistance and subsidy paid to households or individuals participating in the project; methods for management and use of the property during the project implementation and the property disposal upon completion of the project (if any); assistance methods; financial contingency plans for risks (if any); disciplinary actions and mechanism for recovery of state budget funding in case the affiliation-presiding unit violates the commitment; and other relevant contents (if any).
5. The provincial People’s Committee shall decide the delegation of power over approval and management of the value-chain linked production development project within the province.
Article 29. Management and organization of implementation of projects
1. On the basis of the decision issued by the competent authority approving the value-chain linked production development assistance project, the project management agency shall sign a contract with the affiliation-presiding unit to implement the project. The signed contract must clearly specify requirements for progress, outcomes, and the responsibilities of all relevant parties for the implementation of the linkage project.
2. The project management agency, the affiliation-presiding unit and association parties shall organize the implementation of project in a manner that fulfils requirements for content, progress, tasks and power delegated as specified in the project approval decision and the responsibilities defined in the signed contract.
3. The project management agency shall prepare a logbook to monitor the implementation, and organize the acceptance, payment, and disbursement of funding for implementation of the project in accordance with the project selection approval decision and the contract signed with the affiliation-presiding unit.
The management, advance, payment, and final settlement of state budget funding for the implementation of value-chain linked production development assistance project shall comply with regulations of clause 4, Article 11 of this Decree.
4. The affiliation-presiding unit shall prepare a logbook to monitor use and depreciation of the fixed property and send periodic reports to the agency implementing production development assistance activities (if any) during the project implementation; and dispose the property upon completion of the project in accordance with regulations Article 25 of this Decree.
5. The project management agency shall terminate the contract signed with the affiliation-presiding unit after the affiliation-presiding unit has fulfilled all requirements according to the competent authority’s project approval decision and the contract.
Section 3. COMMUNITY-BASED PRODUCTION DEVELOPMENT ASSISTANCE MECHANISM
Article 30. Conditions for selection and methods, details, and funding for implementation of community-based production development projects
1. Conditions for selection of a community-based project
a) Meeting technical conditions for each type of production development project in each sector and field under the management in accordance with the program owner’s regulations.
b) Maintaining the rate of participation of the target population of the national target program in accordance with regulations of clause 2, Article 23 of this Decree.
c) The community group or team must have members gaining experience in implementation of production development projects or activities within the local area.
d) Each household participating the project shall fulfill conditions for facilities, labor, and production materials to meet the project’s requirements and must commit to reciprocal capital for the implementation of project.
dd) Meeting other conditions as prescribed by the provincial People’s Committee (if any).
2. Methods of assisting the implementation of the community-based production development project
a) In-kind assistance and provision of services for the community group or team. Goods and services shall be purchased according to regulations in clause 1 Article 24 of this Decree.
b) Direct provision of assistance in cash for the community group or team self-implementing the project according to the project approval decision. The project management agency shall pay funding to the group/team/household in accordance with clause 2 Article 24 of this Decree.
c) Combination of direct provision of assistance in cash and in-kind assistance and provision of services.
3. Details and funding granted by state budget
a) Details about assistance from state budget in implementation of the community-based production development project shall be consistent with the decision to approve each national target program and the program owner’s guidelines.
b) The maximum funding for a community-based production development project and the funding norm applied to each participant in the project shall comply with regulations issued by the provincial People’s Council.
c) The competent authority approving the project shall decide the specific funding granted by state budget for a project, provided that it does not exceed the maximum funding per project as decided by the provincial People’s Council.
Article 31. Community-based production development project proposal
1. Community-based production development project proposal
a) A written proposal, using Form No. 07 enclosed with this Decree;
b) Project content, using Form No. 08 enclosed with this Decree;
c) Minutes of the meeting with residents and other relevant documents (if any).
2. The provincial People’s Committee shall prescribe the proposal-receiving authority and the method for submitting the proposal by each local business line or sector.
Article 32. Selection of community-based projects
1. Notification of plan and preparation of project proposal
a) The specialized division affiliated to the commune-level People’s Committee assigned to implement production development assistance activities shall notify the plan to implement community-based production development assistance activities on mass media, on the commune-level People’s Committee’s website, or through the public posting at the division’s head office and the head office of the commune-level People’s Committee
b) The community group or team shall prepare the project proposal in accordance with regulations of Article 31 of this Decree and submit it to the specialized division affiliated to the commune-level People’s Committee.
2. Organization of assessment of project proposal
a) The specialized division affiliated to the commune-level authority assigned to implement production development assistance activities shall request the commune-level People’s Committee to establish a team for assessment of the project proposal. The assessment team shall automatically dissolve after the competent authority decides to approve the project selection. The specialized division shall assist the assessment team.
The assessment team is composed of the team leader who is a leader of the commune-level People’s Committee or the authorized head of the specialized division; members who are leaders of relevant specialized divisions (if a leader of the commune-level People’s Committee is the team leader) or representatives of relevant specialized divisions (if the head of the specialized division is the team leader); and experts or persons having professional qualifications and experience in implementation of production development assistance activities (if necessary).
b) The project assessment team shall conduct the assessment and provide opinions on the community-based production development project proposal within 20 days from the date of receipt of the valid proposal as prescribed in Article 31 of this Decree.
The assessment content must clarify the fulfillment of conditions prescribed in Article 30 of this Decree; the necessity of implementation of the project; the purchase plan and the focal agency in charge of implementing plans for purchase of production supplies and equipment, provision of services, and plant varieties or livestock breeds, using state budget funding (if any);
3. Public disclosure of information and finalization of project approval proposal
a) After 05 working days from the date on which the assessment report is made by the team, the agency assigned to implement production development assistance activities shall publicly disclose the selection result at the head office.
The publicly disclosed content must clarify the eligible project and the basis for selection; and the ineligible project and the reasons for rejection.
b) Within the public disclosure period, if a petition is received from the group/team, the agency assigned to implement production development assistance activities must provide a written response within 05 working days. Where necessary, the agency shall consult the assessment team before responding to the group/team.
c) After 10 working days from the date of public disclosure, the agency assigned to implement production development assistance activities shall finalize the proposal to be submitted to the competent authority for decision to select each project.
4. Project selection decision
a) On the basis the project assessment team’s opinions and the recommendation from the agency assigned to implement production development assistance activities, the Chairperson of the commune-level People’s Committee shall decide, or authorize the Head of a relevant specialized division to decide, to approve the selection of a production development project proposed by the community.
b) The project decision includes the following information: name of the project, name of the plan; representative of the community and list of communities participating in the project; implementation period; implementation location; eligible participants; the project’s activities; detailed funding estimate; funding for implementation of the project, including state budget, concessional credit loans (if any) and integrated funding from implementation of policies (if any); reciprocal capital provided by participating households (if any); content, activities, and responsibilities of the parties for each activity; funding, progress in disbursement and payment of funding from state budget, and a detailed estimate for each content/activity; expected efficiency/results of the purchase plan/project and the focal agency in charge of implementing plans for purchase of production supplies and equipment, provision of services, and plant varieties or livestock breeds proposed for assistance from state budget (if any); methods for management and use of the property during the project implementation and the property disposal upon completion of the project (if any); assistance methods; financial contingency plans for risks (if any); disciplinary actions in case of violations against the commitment (if any).
Article 33. Management and organization of implementation of projects
1. On the basis of the decision issued by the competent authority approving the community-based production development assistance project, the project management agency shall sign a contract with the representative of the community group/team to implement production development assistance activities. The signed contract must clearly specify requirements for progress, outcomes, and the responsibilities of all relevant parties for the implementation of the project.
2. The project management agency, the group/team shall organize the implementation of project in a manner that fulfils requirements for content, progress, tasks and powers assigned at the project approval decision and the responsibilities defined in the signed contract.
3. The project management agency shall prepare a logbook to monitor the implementation, and organize the acceptance, payment, and disbursement of funding for implementation of the project in accordance with the project selection approval decision and the contract signed with the community group/team.
The management, advance, payment, and final settlement of state budget funding for the implementation of community-based production development project shall comply with regulations of clause 4, Article 11 of this Decree.
4. The household group/team shall prepare a logbook to monitor use of the property during the project implementation; and dispose the property upon completion of the project in accordance with regulations Article 25 of this Decree.
5. The project management agency shall terminate the contract signed with the community group/team after the community group/team has fulfilled all requirements according to the competent authority’s project approval decision and the contract.
Section 4. TASK-BASED PRODUCTION DEVELOPMENT ASSISTANCE MECHANISM
Article 34. Conditions for task-based production development assistance
1. Task-based production development assistance mechanism is applied in one of the following case:
a) The agency assigned to implement production development assistance activities has considered the possibility of applying the value-chain linked or community-based production development assistance mechanism, but it is impossible to mobilize enterprises, cooperatives or other organizations to participate, or no recommendation from the community is given;
b) Implementing projects on provision of assistance for persons seriously damaged by natural disaster, diseases, climate change or environmental pollution or vulnerable persons;
c) Implementing product assistance projects associated with protection of national defense and security, gender equality, environmental protection, adaption to climate change;
d) Implementing models of application of new production technologies and techniques.
2. Regarding a project implemented according to the task-based production development assistance mechanism, at least 70% of funding shall be used for production activities or provision of services for residents.
Article 35. Assistance mechanism
1. Task-based production development assistance refers to a list of public services, using state budget funding and implemented through assignment of tasks, commissioning or bidding in accordance with the Government’s regulations on assignment of tasks, commissioning, or bidding for provision of public products and services funded by state budget’s recurrent expenditures.
2. Funding and methods for providing assistance
a) Funding granted by state budget for implementation of one (01) project shall not exceed 03 billion VND. Suppliers, households and the community participating in projects are encouraged to make reciprocal contributions (in cash, working days or in kind).
The provincial People’s Committee shall request the People’s Council of the same level to decide funding provided for each resident or household participating in the project, or increase in funding for a project to over 03 billion VND per project, within the local resource balancing capacity.
b) State budget funding is provided through the assignee, supplier or contractor to implement production development assistance activities and relevant parties.
Article 36. Approval of projects and procedures for selecting project-implementing units
1. Approval of a project
a) Pursuant to the Decision to approve the national target program, competent authorities’ regulations and guidance on implementation of production development assistance activities under the national target program, state budget estimates, and other relevant regulations, the agency assigned to perform production development assistance tasks shall approve task-based production development assistance model scheme or project.
b) The project approval content includes project name; implementation period; implementation location; beneficiaries of the project; relevant activities; detailed funding estimate for each task and activity; contents, activities, tasks subject to commissioning, assignment or bidding, whether separately or collectively; expected efficiency and results; organization and management of property formed after assistance (if any); the purchase plan and the focal agency in charge of implementing plans for purchase of production supplies and equipment, provision of services, and plant varieties or livestock breeds proposed for assistance from state budget (if any); methods for management and use of property during the project implementation and disposal of property upon the project completion; financial contingency plans (if any) and other contents as prescribed by the provincial People’s Committee.
2. Procedures for selecting a project-implementing unit
a) The project management agency shall notify a plan to select a unit in charge of commissioning or assignment of tasks or a contractor to provide products and services for the implementation of the task-based production development assistance project, scheme, or model on mass media, on its website, or by the public posting at the agency’s head office.
b) The project management agency shall organize selection and issue a task assignment decision to the assigned party, or sign a commissioning contract with the supplier or the contractor to implement production development assistance activities in accordance with the Government’s regulations on assignment, commissioning or bidding for provision of public products and services funded by state budget’s recurrent expenditures.
Article 37. Management and organization of implementation
1. An unit selected to implement a project shall implement activities included in the project in accordance with the contract signed with the project management agency.
2. The project management agency shall provide guidance, supervise, pay and disburse funding on the basis of the acceptance result in each stage of completion of activities in progress specified in the task assignment decision, the commissioning contract, or the contract signed with the selected contractor.
3. Management, advance, payment, and final settlement of state budget funding for the implementation of production development project applying the task-based production development assistance mechanism shall comply with regulations of clause 4, Article 11 of this Decree.
Section 5. SPECIFIC PRODUCTION DEVELOPMENT ASSISTANCE MECHANISM
Article 38. Conditions for specific production development assistance mechanism
1. Specific production development assistance mechanism is applied in one of the following case:
a) Implementing new production development projects for experimental scientific research and innovation in production before the large-scale application.
b) Implementing production development projects associated with economic development and protection of national defense and security, environmental protection, adaption to climate change.
c) Implementing production development projects in remote and isolated areas, border areas, and islands to restore production after natural disasters and epidemics.
2. The production development project shall be consistent with each national target program according to the competent authority’s approval decision.
Article 39. Formulation and approval of production development projects
1. Ministries and central authorities granted funding for implementation of production development assistance activities shall assign their affiliates to formulate projects; and establish project selection councils.
2. On the basis of opinions given by the project selection council, the Minister or the Head of the central authority shall decide to approve the project applying the special production development assistance mechanism.
Article 40. Project implementation assistance mechanism
1. State budget shall grant funding for implementation of a project in conformity with the objectives and tasks specified in the decision issued by the competent authority approving each program.
2. Ministers and Heads of central authorities granted funding for implementation of production development assistance activities shall decide total funding for each project, making sure that total funding for projects does not exceed total funding estimated as assigned by the competent authority.
3. Expenditures on each project content or activity, and assistance norms for each beneficiary of the production development project shall comply with regulations of relevant specialized laws.
In case specialized laws do not govern assistance norms for each beneficiary of the production development project, the ministry or the central authority in charge of management of the project shall send a report to the Prime Minister for decision.
Article 41. Management and organization of implementation of projects
Ministries and central authorities in charge of management and implementation of projects shall use, pay, and disburse funding on the basis of project acceptance results in conformity with the approved objectives, tasks, and implementation progress, and according to regulations of clause 4, Article 11 of this Decree.
DELEGATION OF POWER OVER MANAGEMENT, INCREASE IN CAPACITY, COMMUNICATION AND DISCLOSURE OF INFORMATION ON NATIONAL TARGET PROGRAMS
Article 42. Delegation of power over management of implementation of national target programs at all levels
1. Delegation of power over management of implementation of national target programs
a) The Ministry of Finance is a focal agency assisting the Government in state management and general consolidation of national target programs.
b) The program owner shall manage the national target program on a nationwide scale. The component project owner shall preside over and cooperate with the program owner in managing the component project on a nationwide scale in accordance with the tasks assigned in the Decision issued by the competent authority approving the national target program.
The program owner and the component project owner shall bear full responsibility for the efficiency in use of state budget funding for implementation of the program/component project under their management without any overlap or wastefulness.
Results of the fulfillment of objectives and tasks, and allocation, use and disbursement of central government budget for each national target program shall be used to assess fulfillment of tasks by program owners, component project owners, and heads of agencies managing programs/components projects under their management.
c) Ministries and central authorities assigned by the Prime Minister plans and estimates for implementation of national target programs shall manage and organize the fulfillment of the assigned tasks within their jurisdiction, and take full responsibilities for the efficiency in use of state budget without any overlap, loss, or wastefulness. Results of allocation and use of state budget for each national target program shall be used to assess fulfillment of tasks by ministries, central authorities, ministers and heads of central authorities.
d) Provincial and commune-level People’s Committees shall manage the implementation of national target programs within their provinces and communes; allocate reciprocal capital from local government budgets for each national target program as prescribed; and use state budget for the intended objectives and eligible beneficiaries without any loss or wastefulness. Results of allocation and use of state budget for each national target program shall be used to assess fulfillment of tasks by People’s Committees and Chairpersons of People’s Committees at all levels.
dd) Provincial specialized departments and boards; commune-level specialized divisions and boards; and budget-using units at all levels shall manage and directly implement specific contents, activities, and projects under national target programs in accordance with regulations issued by the provincial People’s Committees. Results of use of state budget for each national target program shall be used to assess fulfillment of tasks by agencies, units and heads of agencies and units at all levels.
2. Direction and management of cooperation in implementation of national target programs though Steering Committees at all levels:
a) Steering Committees for national target programs or Steering Committees for each specific national target program at all levels, and their assistance departments, shall be established in a simplified and effective manner without any additional state management focal agency or increase in the headcount
b) Procedures for establishment, reorganization, and dissolution of the Central Steering Committee shall comply with the Prime Minister’s regulations on establishment, organization, and operation of inter-sect oral cooperation organizations.
c) Establishment, reorganization, and dissolution of provincial and commune-level Steering Committees shall follow the guidelines given by the Ministry of Home Affairs.
Article 43. Increase in capacity for management and implementation of national target programs
1. Requirements for increase in capacity for management and implementation of national target programs
a) Strengthening delegation of power and empowerment; clearly assigning tasks for implementation of contents and activities under national target programs to increase capacity for management and organization of implementation of cadres, civil servants, and public employees at all levels; and enhancing the self-implementation capacity of the local community.
b) Increase in capacity for management and implementation of national target programs shall be consistent with cultural characteristics and customs of each ethnic group and region, and be associated with improvement of skills in organization of implementation and output-based assessment.
2. Increase in capacity for management and implementation of national target programs
a) Organizing compliance, monitoring and inspecting compliance with regulations on assignment of tasks, delegation of powers, and empowerment for planning and management of investment according to the specific production development assistance mechanism as prescribed in this Decree.
b) Developing programs, curricula and materials; providing training and refresher training for cadres, civil servants, public employees and staff directly managing and implementing national target programs.
c) Providing training and refresher training for local communities in management and techniques for activities under national target programs, and skills in community-based supervision of national target programs.
Article 44. Communication and dissemination of national target programs
1. Requirements for communication and dissemination of national target programs
a) Develop communication and dissemination of national target programs that are appropriate to cultural characteristics, customs, capacities, and demands for receipt of each target group in each local area.
b) Diversify communication and dissemination forms; prioritize communication and dissemination with participation of local communities at the grassroots level; and apply new technologies, information technology, and digital transformation to communication.
c) Integrate contents into communication and dissemination of national target programs in an economical and effective manner and without any overlap and wastefulness.
2. Communication and dissemination of national target programs
a) Development of plans and communication and dissemination of national target programs.
b) Communication and dissemination of the Communist Party’s guidelines, the State’s laws, regulations, and guiding documents related to national target programs.
c) Communication and dissemination of good practices, typical and exemplary models, achieved results, and solutions to difficulties and to management and implementation of national target programs.
d) Dialogues about regulatory policies for implementation of national target programs.
dd) Organization of press competitions for dissemination of national target programs.
3. Communication and dissemination forms
a) Issuance of media categories, publications, digital products, and other forms of dissemination (if any).
b) Public meet-ups or gatherings.
c) Communication and dissemination with the help of persons having good reputation and typical farmers.
Article 45. Disclosure of information about national target programs
1. Program owners, component project owners, ministries, central authorities, People’s Committees at all levels, relevant agencies and units shall disclose information about national target programs within their respective functions and tasks.
2. Disclosure of information about national target programs:
a) Documents on management and organization of implementation of national target programs; decisions on investment in national target programs that are issued over time; criteria and norms for funding allocated for implementation of national target programs.
b) Five-year and annual plans for implementation of national target programs at each level; list of investment projects; mobilization of resources and rise in other funding sources.
c) Reports on implementation of national target programs; legally-required financial statements (e.g. final settlement of funding sources, completed quantities and disbursement of funding for implementation of investment projects).
d) Results of inspection and handling of violations and acts of misconduct or corruption committed by cadres and civil servants taking part in management and implementation of national target programs may commit.
dd) Public feedback or comments, and results achieved from dealing with public feedback and comments.
e) Other contents according to relevant laws.
3. Form and duration of public disclosure of information about national target programs shall comply with the law on information access.
MONITORING, INSPECTION, SUPERVISION, ASSESSMENT AND REPORT ON RESULTS OF IMPLEMENTATION OF NATIONAL TARGET PROGRAMS
Article 46. Monitoring and inspecting implementation of national target programs
1. Responsibilities for monitoring and inspecting national target programs shall be fulfilled in accordance with the Law on Public Investment.
2. The program owner shall monitor and inspect a national target program as follows
a) Management and organization of implementation of the program at all levels: development of a system of documents on management and organization of implementation of the program; formulation of five-year and annual implementation plans; implementation of and adjustment to the plan to implement the program; and communication and increase in capacity for management of the program and the component project.
b) Implementation of the program at all levels: progress, extent, and results of the fulfillment of objectives and tasks; and quantities of items and activities involved in the national target program that are completed or in progress.
c) Implementation of the medium-term public investment plan, annual state budget estimates, and annual public investment plans, including: rise in and use of funding for implementation of the program; use of state budget funding for implementation of investment projects, contents, and activities under the program: disbursement, payment, final settlement, and arrears of capital construction funds (if any).
d) Implementation organization capacity, compliance with regulations on program and management of investment; and measures to handle violations detected by the competent authority (if any) within the responsibility of the component project owner/ministry/central authority/People’s Committee at all levels, and relevant agencies and units.
dd) Compliance with regulations on reports on supervision and assessment of the program within the responsibility of the component project owner/ministry/central authority/provincial People’s Committee.
3. The component project owner shall monitor and inspect a national target program as follows
a) Development of a system of guiding documents on implementation of the component project as delegated; and communication and increase in capacity for management and implementation of activities of the component project.
b) Fulfillment of objectives, tasks, and implementation of tasks and activities involved in the component projects; rise in and use of funding for implementation of the component project.
c) Compliance with regulations on management of investment, management of state budget funding, capacity for management of the component project, actions against violations detected by the competent authority (if any) within the responsibility of the ministry/central authority/People’s Committee at all levels, and relevant agencies and units.
d) General management of implementation of the component project; formulation, assessment, approval and implementation of investment projects included in the component project; implementation of state budget estimates and disbursement results; issues and problems that may arise and assessment of resolution of such issues and problems.
4. Ministries and central authorities assigned to perform tasks and contents in national target programs shall monitor and inspect national target programs as follows
a) Management and organization of implementation of the programs at ministries and central authorities: progress, extent, and results of the fulfillment of objectives and tasks; and quantities of items and activities involved in national target programs that are completed or in progress.
b) Use of state budget funding: disbursement, payment, final settlement of funding for implementation of investment projects (if any), tasks and activities in programs.
c) Organization of implementation and compliance with regulations on management of programs and management of investment; and measures to handle violations detected by competent authorities (if any) and committed by their affiliates.
5. The provincial People’s Committee or the commune-level People’s Committee shall monitor and inspect a national target program as follows
a) Management and organization of implementation of the program under its management: development of documents on management and organization of implementation of the program; formulation of five-year and annual implementation plans; implementation of and adjustment to the plan to implement the program; and communication and increase in capacity for management of the program.
b) Implementation of the program under its management: progress, extent, and results of the fulfillment of objectives and tasks; and quantities of items and activities involved in the program that are completed or in progress.
c) Implementation of the medium-term public investment plan, annual state budget estimates, and annual public investment plans under its management, including: rise in and use of funding for implementation of the program; use of state budget funding for implementation of investment projects, contents, and activities under the program: disbursement, payment, final settlement, and arrears of capital construction funds (if any).
d) Capacity for organization of implementation and compliance with regulations on management of programs and management of investment; and measures to handle violations detected by competent authorities (if any) and committed by their affiliates.
dd) Compliance with regulations on reports on implementation of the program under its management.
6. The Ministry of Finance shall monitor and inspect national target programs as follows
a) Progress and results of development and issuance of mechanisms and policies on management and organization of implementation of each national target program by program owners and component project owners, and ministries, central and local authorities assigned to implement national target programs.
b) Implementation of national target programs: progress in fulfillment of the objectives of each program; results of rise and use of funding for implementation of programs, use of state budget funding: disbursement, payment, final settlement of funding for implementation of investment projects (if any), tasks and activities in programs; issues and problems that may arise and assessment of resolution of such issues and problems within the responsibilities of program owners, component project owners, ministries, central authorities, People’s Committees, and their affiliates at all levels
c) Progress and compliance with regulations on reports on supervision and assessment by program owners, component project owners and provincial People’s Committees.
d) Compliance with regulations on management, organization of implementation, formulation, appraisal, and decision on investment in projects under programs at ministries, central and local authorities.
dd) Settling and serving measures for settling the detected issues caused by relevant agencies/units.
7. Costs of monitoring and inspecting national target programs by program owners, component project owners, ministries, central authorities, People’s Committees at all levels, the Ministry of Finance shall be included in annual budget for recurrent expenditures on national target programs.
Article 47. Assessment and final settlement of funding for national target programs
1. Assessment of national target programs shall comply with the Law on Public Investment; final settlement of funding for national target programs shall comply with the Law on the State Budget and other relevant regulations.
2. Monthly assessment (updated every week)
a) Management of programs in the month.
b) Allocation, use and disbursement of state budget funding.
c) Results of the fulfillment of objectives and tasks (updated additional objectives/tasks).
d) Issues and problems that arise and causes.
d) Solutions for implementation and proposals and recommendations.
3. Biannual and annual assessment
a) Management of programs in the program implementation year, including formulation of policies on management and organization of implementation of programs; cooperation in management and organization of implementation of programs; communication, information, monitoring and assessment of programs;
b) Rise in and use of funding; results of allocation, use and disbursement of state budget funding.
c) Level of attainment of objectives and targets compared to those specified in annual or five-year plans as assigned by competent authorities.
d) Issues and problems that arise and causes.
dd) Orientation and solutions for implementation and proposals and recommendations.
4. In-process assessment
a) Management of programs, including formulation of policies on management and organization of implementation of programs; cooperation in management and organization of implementation of programs; communication, information, monitoring, inspection and assessment of programs, supervision of community-based investment; compliance with supervision practices of publicly-elected bodies.
b) Rise in, allocation and use of funding.
c) Attainment of objectives and targets, including assessment of achieved outcomes compared to expected outcomes approved by competent authorities; level of fulfillment of objectives and tasks of programs by the assessment date compared to the expected level stated in five-year plans.
d) Issues and problems and causes.
dd) Recommendations about solutions for implementation of programs over a period from the assessment date to the ending year of the five-year period, including recommendations about adjustments to programs (if any).
5. Upon-completion assessment, final settlement of funding for programs and assessment of impacts
a) Management of programs, including establishment of systems of policies on management and organization of implementation; cooperation in management and organization of implementation of programs; communication, information, monitoring, inspection and assessment of programs, supervision of community-based investment; compliance with supervision practices of publicly-elected bodies.
b) Consolidation of results of final settlement of used funding and state budget funding; use of funding and cumulative value of completed works that has been settled annually by the ending date of each program; and assessment of results of rise, allocation and use of funding
c) Attainment of objectives and targets, specific tasks compared to expected objectives approved by competent authorities;
d) Assessment of programs’ impacts and efficiency in investment in socio-economic development; sustainability; gender equality; and environment and ecology (if any).
dd) Lessons learned after the closure of programs, necessary advices and recommendations for maintenance of results achieved from implementation of programs; solutions for reduction in adverse impacts on society and environment (if any).
6. Ad hoc assessment
a) Assessment of the contents specified in clause 4 of this Article.
b) Clarification of unexpected events (if any), causes thereof and responsibilities of entities and persons involved; impacts of these unexpected events on implementation of programs, possibility of fulfillment of objectives set out in programs.
7. Costs of assessment and final settlement of national target programs by program owners, component project owners, ministries, central authorities, People’s Committees at all levels, the Ministry of Finance shall be included in annual budget for recurrent expenditures on national target programs
Article 48. Methods of monitoring, inspecting, assessing and finally settling national target programs
1. Methods of monitoring national target programs
a) Making a consolidated report on implementation in accordance with Article 46 of this Decree.
b) Establishing field mission groups to work with relevant agencies and units at all levels to monitor the implementation of national target programs.
c) Collecting information and data from the national target program database and other relevant databases.
d) Other methods as prescribed in relevant specialized laws (if any).
2. Methods of inspecting national target programs
a) The inspection agency shall issue an inspection plan for the planning year and send it to the inspectees.
Before conducting an inspection, the inspection agency shall issue a written notification specifying inspection contents, requirements for provision of dossiers, and time for the inspection.
Upon completion of the inspection, the inspection agency shall issue a conclusion notifying the inspection result.
b) The duration for inspection of an inspectee shall not exceed 05 working days.
3. Methods of assessing national target programs
a) Making a consolidated report on assessment of the implementation in accordance with Article 47 of this Decree.
b) Establishing field mission groups to work with relevant agencies and units at all levels to assess the implementation of national target programs.
c) Collecting information and data from the national target program database and other relevant databases.
d) Other methods as prescribed in relevant specialized laws (if any).
4. Final settlement of funding for national target programs
a) State budget-using agencies and units, and project owners implementing national target programs, shall finally settling used funding and state budget funding in accordance with the Law on the State Budget, the Law on Public Investment, and other relevant guiding documents.
b) When reporting final settlement of used funding and state budget funding every year in accordance with the Law on the State Budget, the Law on Public Investment, and other relevant guiding documents, ministries, central authorities and provincial People’s Committees shall simultaneously send results of final settlement of funding for each program to the program owner.
At the time of closure of programs, ministries, central authorities, and provincial People’s Committees shall make consolidated reports on final settlement of cumulative state budget funding for implementation of each national target program approved annually by competent authorities in accordance with the Law on the State Budget up to the closure time, and send them to each program owner.
c) The program owner shall consolidate and include results of final settlement of state budget funding for each national target program in the program/project closure report, to be submitted to the Government to report to the National Assembly.
Article 49. Reporting, establishment of indicators for assessment and database of national target programs
1. Reports on monitoring and assessment of national target programs
a) The Ministry of Finance shall make reports on monitoring and assessment of national target programs on a monthly, annual or in-process basis, or at the closure time under its management and as assigned by the Government and the Prime Minister.
b) The program owner shall preside over and cooperate with component project owners in reporting monitoring and assessment of national target programs on a monthly, annual, in-progress, ad-hoc basis, and at the end of the 5-year period as assigned by the Government and the Prime Minister.
c) Ministries, central authorities, and provincial People’s Committees shall report implementation of national target programs on a monthly, biannual or annual basis; report assessment of implementation of national target programs on an in-progress, in-period, ad hoc basis or at the end of the 5-year period as requested by the competent authority.
d) Provincial specialized departments and boards; commune-level specialized divisions and boards; and agencies and units at all levels directly implementing national target programs shall report the implementation of these programs in accordance with the guidelines given by the provincial People’s Committee.
2. Establishment of indicators for assessment of national target programs
a) Indicators for assessment of national target programs include input indicators, output indicators, outcome indicators, and impact assessment indicators.
b) Within 60 working days from the date of approval of each national target program, the program owner shall preside over and cooperate with the component project owner in establishing and promulgating assessment indicators for the national target program.
3. Establishment of information system and database of national target programs
a) The Ministry of Finance and the program owner shall establish a national target program supervision and assessment information system (hereinafter referred to as “System”), a national target program management information system, and a national target program database in accordance with the Prime Minister’s regulations.
b) The Ministry of Finance, program owners, component project owners, ministries, central authorities, People’s Committees at all levels, and relevant agencies and units shall report on monitoring and assessment of national target programs online via the System and other related information systems in accordance with the Prime Minister’s regulations.
c) Information and data collected and stored in the System and the national target program database shall be the original information and data on national target programs. In case of discrepancies between physical data and data on the System, the information in the System shall be used for activities related to state management of national target programs.
d) Costs of construction, upgradation, operational management, implementation, and updating of online reports on the System and national target program management information systems shall be covered by annual funding for implementation of national target programs, without exceeding 10% of total cost of management of programs and projects as prescribed by law.
Article 50. Community-based investment supervision of national target programs
1. National target programs shall be subject to community-based supervision. Vietnam Fatherland Front Committees at all levels shall preside over organizing community-based supervision of national target programs.
2. Community-based supervision of national target programs
a) Compliance with regulations of law on management and organization of the implementation of national target programs; and regulations on management and use of investment capital and management of state budget.
b) Investment projects on implementation of national target programs.
c) Formulation and organization of implementation of plans and progress in implementation of activities and tasks for each national target program.
d) Public and transparent management of public investment and state budget in accordance with regulations of the Law on Public Investment and the Law on the State Budget.
dd) Detection of acts that harm the community’s interests; negative impacts of projects on the community’s living environment; and acts that cause wastefulness or loss of programs’ capital and property.
e) Collection of opinions on assessment of development and organization of implementation of each national target program from the community.
3. Procedures for community-based supervision shall comply with regulations of the Law on Public Investment.
4. Costs of assistance in community-based supervision of national target programs shall comply with the Government’s regulations on costs of supervision and assessment of investment.
TASKS OF MINISTRIES, CENTRAL AND LOCAL AUTHORITIES
Article 51. Tasks of the Ministry of Finance
1. Request competent authorities to promulgate, or promulgate within its jurisdiction, general regulations on management and implementation of national target programs; and regulations on management, use, payment, and final settlement of recurrent expenditures on each national target program.
2. Make a consolidated proposal for balance and allocation plans; assign targets, tasks, and the 5-year medium-term public investment plan funded by central government budget ; and formulate central government budget estimates and annual public investment plans funded by central government budget for the implementation of each national target program, in accordance with the Law on the State Budget and the Law on Public Investment
3. Request the Prime Minister to promulgate regulations on development of the national database and the online reporting via the System.
4. Monitor, consolidate, and report to the Government and the Prime Minister on results of allocation, use, and disbursement of state budget funding for the implementation of national target programs.
5. Monitor, inspect, and assess national target programs in accordance with Articles 46 and 47 of this Decree, and the reporting regime as prescribed in Article 49 of this Decree.
Article 52. Program owners’ tasks
1. Preside over and cooperate with component project owners to perform the tasks:
a) Formulate and request the Prime Minister to promulgate principles, criteria, and norms for allocation of central government budget funding and the percentage of reciprocal capital from local government budgets for the implementation of national target programs.
b) Propose promulgation of or promulgate detailed regulations on the implementation of projects, sub-projects, and component contents of national target programs.
c) Provide guidance for ministries, central and local authorities on formulation of medium-term public investment plans, state budget estimates, and annual public investment plans for the implementation of national target programs.
d) Prescribe indicators for assessment of national target programs in accordance with Article 49 of this Decree.
dd) Propose demands and plans for allocation and adjustments to the 5-year medium-term public investment plan funded by central government budget; central government budget estimates; and annual public investment plans funded by central government budget for the implementation of national target programs specific to ministries, central and provincial authorities.
e) Notify the estimated and adjusted total central government budget recurrent expenditure funding for the 5-year period of national target programs to ministries, central and provincial authorities.
g) Consolidate results of final settlement of funding used, state budget funding, use of funding, and the cumulative value of completed works that has been settled annually of national target programs, from the commencement to the closure of the program, as prescribed in clause 4, Article 48 of this Decree.
2. Preside over and cooperate with SBV and relevant agencies in developing preferential credit policies for the implementation of national target programs, in accordance with point b, clause 1, Article 14 of this Decree.
3. Preside over monitoring, inspecting, and assessing national target programs in accordance with Articles 46 and 47 of this Decree, and preparing reports on national target programs as prescribed in Article 49 of this Decree.
Article 53. Component project owners’ tasks
1. Cooperate with program owners to perform the tasks:
a) Formulate and request the Prime Minister to promulgate principles, criteria, and norms for allocation of central government budget funding and the percentage of reciprocal capital from local government budgets for the implementation of national target programs.
b) Formulate regulations and guidelines for implementation of component projects; indicators for assessment of component projects.
c) Formulate plans for allocation and adjustments to medium-term public investment plans, central government budget estimates, annual public investment plans funded by central government budget specific to ministries, central and provincial authorities; be fully responsible for the efficiency in use of state budget funding for implementation of component projects of national target programs, without overlap, wastefulness or loss.
d) Give notification of the adjusted total central government budget recurrent expenditure funding for the 5-year period of national target programs to ministries, central and provincial authorities.
2. Monitor and inspect component projects according to Article 46 of this Decree, and the reporting regime as prescribed in Article 49 of this Decree.
Article 54. Tasks of ministries and central authorities managing fields and sectors related to organization of implementation of national target programs
1. The Ministry of Construction shall:
a) Issue specific regulations on criteria for construction investment projects that are technically simple, as prescribed in point a, clause 2, Article 17 of this Decree
b) Provide guidance on compliance with regulations in Articles 21, 22 of this Decree if any problem arises.
2. The Ministry of Home Affairs shall provide guidance on establishment and improvement of Steering Committees and their assistance departments for national target programs at all levels.
3. SBV shall:
a) Conduct study and finalize preferential credit policies at the Vietnam Bank for Social Policies to implement national target programs.
b) Cooperate with program owners in developing preferential credit policies for the implementation of national target programs, in accordance with point b, clause 1, Article 14 of this Decree.
4. Ministries and central authorities shall:
a) Issue specific regulations on criteria for projects that are technically simple under their management (if any), as prescribed in point a, clause 2, Article 17 of this Decree.
b) Provide guidance and propose amendments, or amend within their jurisdiction, regulations of specialized laws related to management and implementation of tasks and activities under each national target program in case any problem arises.
Article 55. Tasks of ministries and central authorities assigned to perform tasks under national target programs
1. Formulate state budget estimates and annual public investment plans in accordance with regulations, standards, and norms for the implementation of each content, activity, task and investment project; and submit them to program owners and component project owners as prescribed in Article 7 of this Decree.
2. Allocate and organize the implementation of the 5-year medium-term public investment plan, state budget expenditure estimates, and annual public investment plans in accordance with regulations.
3. Report results of final settlement of funding used and state budget funding for each national target program, as prescribed in clause 4, Article 48 of this Decree
4. Monitor, inspect, and assess national target programs in accordance with Articles 46 and 47 of this Decree, and the reporting regime as prescribed in Article 49 of this Decree.
Article 56. Tasks of provincial People’s Committees
1. Formulate and request provincial People’s Councils to decide:
a) Allocation of medium-term public investment plans funded by targeted funding from central government budget; and mechanism for delegation of power over decision and adjustment to lists of medium-term and annual public investment projects funded by central government budget, as prescribed in Article 6 of this Decree.
b) Allocation of central government budget estimates and annual public investment plans as prescribed in Article 7 of this Decree.
c) Allocation of reciprocal capital from local government budgets according to the Prime Minister’s Decision on principles, criteria, and norms for allocation and percentage of reciprocal capital from local government budgets; and principles, criteria, and norms for allocation of state budget funding (including: targeted funding from central government budget and self-balanced local government budget funding) for the implementation of each national target program in the provinces.
d) Funding for 01 project, and norms for assistance provided for participants in local production development projects as prescribed in Articles 26, 30 and 35 of this Decree.
dd) Local authorities of provinces and cities not receiving assistance from central government budget shall request provincial People’s Councils to decide programs, projects, mechanisms, and policies for implementation of national target programs funded by local government budgets, in accordance with the Law on the State Budget and the Law on Public Investment.
2. Promulgate documents on implementation of construction investment projects that are of small scale, technically simple with participation of the community, as prescribed in Chapter IV of this Decree:
a) Promulgate regulations on criteria for model and typical designs, or application of existing designs within provinces or cities; the list of project types and the maximum total investment for each project included in the list of community projects, as prescribed in Article 17 of this Decree.
b) Prescribe assistance forms, funding, management, payment and final settlement of investment capital granted by state budget to the community according to clause 5 Article 20 of this Decree.
c) Prescribe procedures for maintenance of models for works constructed under the mechanism for organizing implementation of projects that are of small scale, technically simple with participation of the community, as prescribed in Article 22 of this Decree.
3. Allocate, assign and direct organization of the implementation of the 5-year medium-term public investment plan, state budget expenditure estimates, and annual public investment plans in accordance with Articles 6, 7 and 9 of this Decree.
4. Report results of final settlement of funding used and state budget funding for each national target program, as prescribed in clause 4, Article 48 of this Decree.
5. Monitor, inspect, and assess national target programs in their provinces in accordance with Articles 46 and 47 of this Decree, and the reporting regime as prescribed in Article 49 of this Decree.
Article 57. Transition clauses
1. Regulations on development of the database and the online reporting regime for supervision and assessment of national target programs promulgated by the Prime Minister before the effective date of this Decree shall continue to be applied.
2. Regulations on organization of implementation of projects that are of small scale, technically simple with participation of the community specified in Chapter IV of the Government’s Decree No. 27/2022/ND-CP dated April 19, 2022 and clause 2 Article 5 of the Government’s Decree No. 125/2025/ND-CP dated June 11, 2025; regulations, applications and procedures for selection of projects, plans and models of development of production as specified in clauses 12, 13 and 14 Article 1 of the Government’s Decree No. 38/2023/ND-CP dated June 24, 2023, Article 24 of the Government’s Decree No. 27/2022/ND-CP dated April 19, 2022 and clause 2 Article 5 of the Government’s Decree No. 125/2025/ND-CP dated June 11, 2025 shall continue to be applied, processed and followed until the end of the period of implementation of national target programs for the 2021-2025 period (including the extended period as prescribed by the National Assembly’s Resolutions).
Article 58. Addition of regulations after point c clause 1 Article 45 of the Government’s Decree No. 254/2025/ND-CP dated September 26, 2025
“If the cost settlement value proposed by the investor for the project/component project/sub-project/work/work item for independent implementation of the national target program is less than 05 billion VND, the cost of verification and approval of such cost settlement shall be 0,57% of the cost settlement value proposed but shall not be smaller than 500.000 VND.”.
1. This Decree takes effect from the date on which it is signed for promulgation.
2. The following regulations shall be annulled:
a) the Government’s Decree No. 27/2022/ND-CP dated April 19, 2022
b) the Government’s Decree No. 38/2023/ND-CP dated June 24, 2023
c) clause 2 Article 5 of the Government’s Decree No. 125/2025/ND-CP dated June 11, 2025.
3. Other contents related to state management of state budget, public investment, construction investment project management, and management and use of property from projects funded by state budget, and any contents not prescribed in this Decree, shall comply with relevant specialized law.
4. In case legislative documents referred to this Decree are amended or replaced, the newest documents shall be applied.
Article 60. Responsibility for implementation
Ministers, Heads of ministerial-level authorities, Heads of Governmental authorities, Chairpersons of People’s Committees of provinces and cities, and relevant organizations and individuals shall be responsible for implementing this Decree.
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ON BEHALF OF THE GOVERNMENT Nguyen Hoa Binh |
