Tiếng Việt| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No: 24/1999/ND-CP | Hanoi, April 16, 1999 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the State Budget Law of March 20, 1996; and Law No.06/1998/QH10 of May 20, 1998 Amending and Supplementing a Number of Articles of the State Budget Law;
After consulting the Vietnam Fatherland Front’s Central Committee;
At the proposal of the Minister of Finance,
DECREES:
Article 2.- This Decree takes effect 15 days after its signing.
Article 3.- The Minister of Finance shall guide the implementation of this Decree.
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THE GOVERNMENT
Phan Van Khai
(Issued together with Decree No.24/1999/ND-CP of April 16, 1999 of the Government)
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ORGANIZING THE COLLECTION, MANAGEMENT AND USE OF PEOPLE’S CONTRIBUTIONS
a/ The total capital demand for project construction and completion, the detailed capital allocation to each project item (if any);
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c/ The plan on and balance of capital sources arranged for the project, including people’s contributions;
d/ The contribution level set for each family household.
2. The commune People’s Committee shall rally people to discuss and decide the project’s cost estimate as well as levels of people’s contributions. The way of organizing people’s discussions shall comply with the provisions of Article 7 of this Regulation.
1. The commune People’s Committee shall assume the prime responsibility and coordinate with the Fatherland Front’s Committee, the War Veterans’ Association, the Peasants’ Association and other mass organizations in rally people for discussions and decision in one of the following forms:
a/ People’s meetings in each village or hamlet to discuss and vote publicly or by ballots, then a record thereof is made and sent to the commune People’s Committee.
b/ Meetings of the heads of family households to discuss and vote publicly or by ballots, then a record is made and sent to the commune People’s Committee.
The above-said meetings shall be held when at least two-thirds of the eligible people (or family households) attend.
c/ If such a meeting cannot be held, inquiry cards shall be distributed to family households to collect their opinions.
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3. Where some family heads do not agree yet, the commune People’s Committee shall have to assume the prime responsibility and coordinate with the local Fatherland Front’s Committee, War Veterans’ Association, Peasants’ Association and other mass organizations in persuading and explaining the matter to such households so that the latter may voluntarily make contributions according to the agreement reached by the majority of the family heads mentioned in Clause 2 of this Article. If deeming that the majority’s decision fails to conform to laws and the local administration’s regulations, the commune People’s Committee shall propose the district People’s Committee to consider and decide.
a/ The total maximum contribution amount set by the People’s Council of the province or centrally-run city.
b/ The average income and contribution capability of the people in the locality.
c/ The demand for capital to be mobilized for the project. The demand for mobilized capital shall be determined on the basis of the ratified total cost estimate of the project after subtracting the amounts of capital from the following sources:
- The State budget;
- Financial assistance from domestic organizations and individuals;
- Aids from foreign organizations and individuals.
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2. The contribution levels set for respective subjects of mobilization, including those eligible for reduction or exemption, shall apply only after the majority of family heads reach the unanimity. The commune People’s Committee shall have to publicize the contribution levels, eligible cases of exemption or reduction as well as the reduction levels before organizing the mobilization.
a/ To organize and supervise the construction of the project in strict compliance with the ratified cost estimate, design and implementation tempo;
b/ To manage the project’s supplies, properties and investment capital;
c/ To make final account settlement of the project in time and in strict compliance with the regulations.
2. The communal Finance Board shall have to advise the commune on the project’s cost estimate, forms and levels of mobilization of people’s contributions, and take professional responsibility for the management and use of people’s contributions in strict compliance with the current stipulations of the State.
3. For communes facing with particular difficulties, the State shall partly provide investment capital for the construction of their infrastructure according to the Prime Minister’s Decision No.135/1998/QD-TTg of July 31, 1998. Where such a commune fails to meet conditions for the establishment of the project management board, a district-level project management board shall be set up to organize the management of each commune’s project(s) funded by the State support capital and people’s contributions. The head and members of the district-level project management board shall be decided by the president of the district People’s Committee after consulting and reaching agreement with the standing body of the district People’s Council, the district Fatherland Front’s Committee and other mass organizations of the same level.
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2. The project supervision board shall have to comprehensively supervise all aspects and steps of the mobilization, management and use of people’s contributions for investment in the construction of projects; and supervise the after-test acceptance, hand-over as well as final account settlement of the projects in strict compliance with the regulations, for the right purposes and ensuring efficiency.
3. The project supervision board shall have to detect and promptly notify to the competent level for handling acts of violating the regulations in the process of organizing the mobilization, management and use of people’s contributions for investment in the construction of communal infrastructures.
2. The communal Finance Board shall have to receive and manage people’s contributions. If authorized by the commune People’s Committee, the village or hamlet heads shall collect people’s contributions in their respective locality and have to fully and promptly remit them to the communal Finance Board.
2. The commune People’s Committee shall stipulate the conversion of people’s contributions in workdays and kind into money for cost accounting on the basis of the conversion plan which has been discussed and agreed upon by the people according to Article 7 of this Regulation, at the same time ensuring the compatibility with the local market prices.
3. In cases where the prices of kinds and/or workdays at the time of making contributions are higher or lower by 20% as compared with the projected prices, the involved communes shall have to rally people for discussion and agreement on the prices applicable to the conversion of such kinds and/or workdays which have been contributed by people. The organization of people’s discussions shall comply with the provisions of Article 7 of this Regulation.
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2. The communal Finance Board shall have to open accountancy books to reflect and make cost- accounting of the process of collecting and using people’s contributions for the projects.
a/ If losses are little, it will persuade people to consider such losses their voluntary contributions to the projects.
b/ If the compensation amount is large, it must be concretely determined for inclusion into the project’s cost estimate, so as to calculate the mobilization levels or work out the plan on collections from the project-beneficiaries to offset the losses.
2. Expenses for bid invitation designing, appraisal organization and after-test acceptance (if any) of projects shall be accounted into the project’s value; thriftiness and financial publicity must be ensured.
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2. For a project built by the commune itself, the project management board shall have to open a book for monitoring the details of all expenses for construction materials, workdays and number of operation hours of machines as well as other costs of the project.
2. The after-test acceptance of the project must be supervised by the project supervision board and representative(s) of the Fatherland Front as well as its member organizations.
3. After accepting the project, the commune People’s Committee shall have to hand-over the project to its manager and user. The project must be used for the right purposes and there must be the annual plan and fund for the maintenance and protection thereof.
The communal Finance Board shall have to make final account settlement of the collection and use of people’s contributions, calculating and determining the difference between the actual revenue and the actual expenditure for the project. The handling of the difference (if any) between the actual revenue and actual expenditure must be discussed and decided by the people according to Article 7 of this Regulation.
1. The financial report on the mobilization, use and management of contributions to the project. The report must fully reflect revenues and expenditures symmetrically, ensuring the strict compliance with the prescribed regime, accuracy and understandability;
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3. The report on the after-test acceptance of the project and the report on the evaluation of the project’s quality;
4. The report on the evaluation of the results of the use of capital mobilized for the project.
1. To guide and assist people in executing the investment plan, ensuring the general planning and avoiding show-offs; and, the mobilization must suit the local people’s average incomes and contribution capability.
2. To guide and assist people in undertaking technical measures as well as construction processes and procedures so as to ensure the project’s quality and beautiful look.
3. To guide the account settlement and final account settlement of the project and conduct the financial publicity; to draw up reports and send them to the higher superior authorities for acknowledgement and summing up of the people’s contributions for investment in the construction of the local infrastructure projects.
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THE GOVERNMENT
Phan Van Khai