Tiếng Việt| THE NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No. 47-L/CTN | Hanoi ,March 20, 1996 |
In order to exercise unified management of the national finance, to build a healthy State Budget, to enhance financial discipline, to economically and efficiently use the money of the State, to increase accumulation for national industrialization and modernization along the the socialist orientation, to meet the requirements of socio-economic development, to raise the living standard of the people, and to ensure national defense, security and external relations;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law provides for the establishment, implementation, accounting, examination of the State Budget and the tasks and powers of the State agencies at various levels with respect to the State Budget.
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The National Assembly shall decide the draft State Budget and the allocations of the State Budget; ratify the State Budget accounts.
1. The central budget and the budget of each level of local administration shall be determined according to the concrete sources of revenue and concrete spending tasks;
2. Additional allocation from the higher-level budget to the lower-level budget shall be made to ensure equality, balanced development among the regions and localities. This additional allocation shall be the revenue of the lower-level budget;
3. In case the higher-level State management agency authorizes the lower-level State management agency to carry out an expenditure that comes under the former�s responsibility, funds must be transferred from the higher-level budget to the lower-level budget for performing such task;
4. Except for the supplementary allocations to the revenue source and the authorized spending as stipulated in Clauses 2 and 3 of this Article, the budget of one level shall not be used to pay for the spending that belongs to the task of another level.
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a) It has been included in the approved draft budget, except for cases stipulated in Articles 56 and 62 of this Law;
b) In conformity with the regulations, criteria and norms set by the competent State agency;
c) It has been approved by the heads of the budget-using units and others who are authorized to approve the spending.
In addition to the conditions specified in Points a, b and c of Clause 2 of this Article, if the expenditure is made for a work that requires bidding, bidding must be organized in accordance with prescriptions of the Government.
3. No branch, level or unit is allowed to institute any revenue or expenditure contrary to the provisions of law.
4. The financial agencies at various levels shall have to ensure the timely allocation of fund for expenditures; are entitled to refuse to pay for any spendings that fail to meet the conditions stipulated in Clause 2 of this Article and take responsibility for their decisions.
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2. The borrowings to make up for the State Budget deficit must abide by the following principle: they must not be used for consumption; but only for development purposes; there must be a plan to recover the borrowed capital and ensure budget balance in order to pay the debt when it is due.
3. The local budgets shall be balanced in accordance with the principle that the total expenditure shall not exceed the total revenue; in case a province or city directly under the Central Government (hereafter referred to as province) needs an investment in infrastructure construction which comes under the scope of the provincial budget but which is beyond its ability to balance, such a province shall be allowed to mobilize domestic investment capital as provided for by the Prime Minister; but it must balance its own budget in order to be able to pay all debts when they are due.
2. The Government and the provincial People’s Committees shall be entitled to establish the financial reserve fund from sources such as revenue increases, budget remainder, and to include it in the annual budget expenditure estimate. The financial reserve fund shall be used to meet the requirements of spendings when the revenues have not been collected in time, but such spendings must be immediately reimbursed within the budget year, except for special cases stipulated by the Prime Minister.
The maximum of the financial reserve fund at each level shall be stipulated by the Government.
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1. The State Budget revenue and expenditure shall be accounted for in the Vietnam Dong (VND).
2. The accounting and account statement of the State Budget shall be uniformly carried out in accordance with the accountancy regime of the State and the List of the State Budget.
3. All forms for State Budget revenues and expenditures shall be issued and managed by the Ministry of Finance.
Article 15.- Tasks and powers of the National Assembly:
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2. To decide the national financial and monetary policies in order to contribute to the economic development, ensure the balance between revenue and expenditure of the State Budget;
3. To decide the State Budget estimates with the total revenue, total expenditure, estimate of overspending and sources for compensation;
4. To decide the State Budget allocations according to each type of revenue and each domain of spending in accordance with the proportion between regular spending, development investment spending, and spending for debt payment. On the basis of the decision of the National Assembly on the annual State Budget, the National Assembly assigns the Standing Committee of the National Assembly the task of deciding the plan submitted by the Government on the allocation of the central budget to each ministry, each branch and the additional allocations from the central budget to each province or city directly under the Central Government, and reporting the plan to the National Assembly at its nearest session;
5. To decide the list of national programs and projects; key capital construction projects to be invested with capital from State Budget sources;
6. To decide the readjustment of the State Budget in necessary cases;
7. To supervise the implementation of the State Budget, the national financial and monetary policies, the National Assembly’s resolutions on the annual State Budget, national programs and projects, and key capital construction projects;
8. To ratify the final State Budget statement.
Article 16.- Tasks and powers of the Standing Committee of the National Assembly:
1. To promulgate legal documents in the budgetary field as assigned by the National Assembly;
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3. To supervise the implementation of the laws on budget, national financial and monetary policies, the National Assembly’s resolutions on the annual State Budget.
Article 17.- Tasks and powers of the National Assembly’s Economic and Budgetary Commission:
1. To examine the draft laws and ordinances and other drafts in the budgetary field;
2. To examine the draft State Budget and allocations, the reports on the implementation of the State Budget and the State Budget statement submitted by the Government to the National Assembly;
3. To examine the plan on the allocation of the central budget to each ministry, branch, and the supplementary allocations from the central budget to each province, city directly under the Central Government submitted by the Government to the Standing Committee of the National Assembly;
4. To supervise the activities of the Government, branches and levels in the implementation of the State Budget and the application of the laws on budget by organizations and individuals;
5. To make recommendations to the National Assembly on budgetary, financial and monetary matters.
1. Within their respective tasks and powers, to cooperate with the National Assembly’s Economic and Budgetary Commission in examining the draft laws and ordinances and other drafts in the budgetary field submitted by the Government to the National Assembly and the National Assembly’s Standing Committee;
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Article 19.- Tasks and powers of the State President:
The State President shall discharge the tasks and powers as stipulated by the Constitution and law in signing and ratifying on behalf of the State of the Socialist Republic of Vietnam international treaties in the financial and monetary field.
Article 20.- Tasks and powers of the Government:
1. To submit to the National Assembly, the Standing Committee of the National Assembly draft laws and ordinances and other drafts on the State Budget; to promulgate legal documents on the State Budget in accordance with its authority;
2. To establish and submit to the National Assembly the draft State Budget and the allocations, plans on State Budget readjustment in case of necessity;
3. To establish and submit to the Standing Committee of the National Assembly the detailed plan on the allocation of the central budget;
4. On the basis of the resolutions of the National Assembly and the Standing Committee of the National Assembly to decide the assignment of tasks in the budget revenue and expenditure to each ministry and branch, the tasks in revenue, expenditure and the supplementary allocation from the central budget to each province or city directly under the Central Government;
5. To exercise unified management of the State Budget, ensure close co-ordination between the branches and local managerial agencies in implementing the State Budget;
6. To organize and examine the implementation of the State Budget; to report to the National Assembly and the Standing Committee of the National Assembly on the implementation of the State Budget, national programs and projects and key capital construction projects;
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8. To set forth regulations on the use of the reserve fund from the State Budget and managing the financial reserve fund;
9. To set forth or authorize the competent State Agency to set forth regimes, criteria, levels of State Budget expenditures for uniform application throughout the country;
10. To examine the resolutions of the People’s Councils on budget drafting and budget accounts;
11. To establish and submit to the National Assembly the accounts of the State Budget, the accounts of key capital construction projects of the State.
Article 21.- Tasks and powers of the Ministry of Finance:
1. To prepare draft laws, ordinances and other drafts in the field of State Budget to be submitted to the Government; to issue legal documents on the State Budget within its jurisdiction;
2. To take responsibility before the Government for performing the function of unified management of the State Budget:
a) To exercise unified management and direct the collection of taxes, fees, charges and other revenues of the State Budget;
b) To exercise unified management of the borrowing and debt repayment by the Government, exert financial management of the sources of international aid;
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3. To guide and examine the drafting of the annual State Budgets of the ministries, other central agencies and localities; to co-operate with the related agencies at central and local levels in drafting the State Budget, allocate the State Budget and plans on the allocation of the central budget to be submitted to the Government; propose measures aimed at implementing the policy of increasing revenue, and making economical use of the State Budget;
4. To preside over and in co-operation with the ministries and branches to establish regimes, criteria and levels for the State Budget expenditure to be submitted to the Government for decision, or to make the decision itself in accordance with the assignment of authority by the Government for uniform application throughout the country;
5. To conduct financial inspection and examination regarding all economic organizations, administrative and non-business units and other units which are obliged to make contributions to the State Budget or which use the State Budget;
6. To manage the State Budget funds and other funds of the State;
7. To draw the accounts of the central budget, to consolidate and draw the State Budget accounts to be submitted to the Government;
8. To organize the management and examination of the use of the State properties.
Article 22.- Tasks and powers of the Ministry of Planning and Investment:
1. To submit to the Government the draft plan on socio-economic development of the whole country and the major balances of the national economy, including the balances of finance, money, capital construction investment fund, to serve as basis for the elaboration of the financial and budgetary plans;
2. To cooperate with the Ministry of Finance in drafting the budget and plans on the allocation of the State Budget in areas under its charge;
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Article 23.- Tasks and powers of the Vietnam State Bank:
1. To cooperate with the Ministry of Finance in the establishment of the State Budget estimates regarding the plans and projects of borrowing to make up for State Budget over-spending;
2. To make advance payment to the State Budget so as to handle the temporary deficit of the State Budget fund in accordance with the Prime Minister�s decision.
Article 24.- Tasks and powers of Ministries and branches:
1. To cooperate with the ministry of Finance, the provincial People’s Committees in the process of establishing and allocating the State Budget, drawing the State Budget accounts of the branches and areas under their charge;
2. To cooperate with the Ministry of Finance in examining and monitoring the implementation of the budget of the branches and areas under their charge;
3. To report on the implementation and results of the budget utilization by the branches and in areas under their charge in accordance with the stipulated regime;
4. To cooperate with the Ministry of Finance in establishing regimes, criteria, levels of spending of the State Budget of the branches and areas under their charge.
Article 25.- Tasks and powers of the People’s Council and People’s Committee:
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a) To decide the local draft budget and allocation of budget; to ratify the local budget accounts;
b) To decide policies and measures to implement the local budget;
c) To decide the readjustment of the local budget estimates in case of necessity;
d) To supervise the implementation of the budget that has been decided by the People’s Council;
e) The provincial People’s Council, in addition to the tasks and powers provided for in Points a, b, c and d of Clause 1 of this Article, shall also be entitled to make decision on the collection of fees, charges, surcharges and other contributions by people in accordance with the provisions of law; to decide the assignment of authority to spend on investment in the construction of socio-economic infrastructure projects of the locality submitted by the People’s Committee of the same level.
2. The People’s Committee:
a) To draft the local budget and draw up the plan on its allocation, the plan on readjustment of the local budget in case of necessity, submit it to the People’s Council of the same level for decision, and report to the immediate higher State administrative agency and financial agency;
b) To make the local budget accounts to submit to the People’s Council of the same level for ratification, and to report to the immediate higher State administrative agency and financial agency;
c) To examine the Resolution on the draft budget and the budget accounts by the lower level People’s Council;
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e) To organize the implementation of the local budget;
f) To cooperate with the superior State agencies in managing the State Budget within its territory;
g) To report on the State Budget in accordance with the provisions of law;
h) The provincial People’s Committee, in addition to the tasks and powers provided for in Points a, b, c, d, e, f and g of Clause 2 of this Article, shall also have the task of formulating and submitting to the People’s Council for decision issues stipulated in Point e, Clause 1 of this Article.
Article 26.- Tasks and powers of the State Budget drafting units:
1. To organize the drafting of budget revenues and expenditures within the assigned scope;
2. To organize the implementation of the assigned plans for budget revenue and expenditure; to pay fully and in time the remittances to the budget in accordance with the provisions of law; to spend in conformity with the regimes, purposes, objects and in an economical manner;
3. To guide and examine the implementation of the plans for budget revenues and spendings of the attached units;
4. To manage and use the State properties at the units in conformity with the regimes and purposes and in an efficient manner;
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Article 27.- Organizations and individuals shall have the responsibilities and obligations:
1. To pay fully and in time the taxes, fees, charges and other revenues to the budget in accordance with provisions of law;
2. In case they are allocated capital and funds by the State in accordance with the approved draft budget, they shall have to manage and use those capital and funds for the right purposes, in accordance with the regimes and in an economical and efficient manner;
3. To properly observe the regime of accountancy and statistics of the State.
SOURCES OF REVENUES, SPENDING TASKS OF THE BUDGET OF DIFFERENT LEVELS
Article 28.- The sources of the central budget revenues shall comprise:
1. The revenues to be 100% collected:
a) Export tax, import tax;
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c) Profit tax of units where accounting applies to the whole service;
d) Taxes and other revenues from the petroleum industry to be paid to the central budget in accordance with Government regulations;
e) Profit from capital contributed by the State, State capital recovered at economic establishments, recovered State loans (principal and interest), revenues from the State reserve fund;
f) The Government�s borrowings; non-refund aid granted by foreign governments, organizations or individuals to the Government in accordance with provisions of law;
g) Fees, charges and other revenues contributed to the central budget in accordance with Government regulations;
h) Revenues from the balance of the central budget;
i) Other revenues in accordance with provisions of law.
2. The revenues divided in percentage (%) between the central budget and the provincial budget:
a) Turnover tax;
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c) Income tax from high-income earners;
d) Taxes on transfer of profits abroad;
e) Natural resource tax;
f) Tax on the use of budget capital.
Article 29.- The spending tasks of the central budget shall comprise:
1. Regular spendings on:
a) Non-business activities in the fields of education, training, health-care, social affairs, culture, information, physical training and sports, science, technology and environment and other operations managed by the central agencies;
b) Non-business and economic operations managed by the central agencies;
c) National defense, security and social order and safety, excluding the portion allocated to the locality;
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e) Price subsidies in accordance with the State policies;
f) National programs managed by the Central Government;
g) Support for the social insurance fund as provided for by the Government;
h) Subsidies to people entitled to the social policies managed by the Central Government;
i) Financial support for social organizations and socio-professional organizations at the central level in accordance with provisions of law;
j) Payments for the interests of Government borrowings;
k) Aid;
l) Other expenditures as stipulated by law.
2. Spendings on development investment:
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b) Investment and capital support for State enterprises; contribution of stock capital to joint ventures with enterprises in areas that need the participation of the State in accordance with provisions of law;
c) Spending on the National Investment Support Fund and Development Support Funds for economic development programs and projects;
d) The State reserve.
3. Spending on payment of principals of Government borrowings.
4. Spending on supplementing the financial reserve fund.
5. Spending on supplementing the lower-level budgets.
Article 30.- The revenue sources of the provincial budget shall include:
1. The revenues to be 100% collected;
a) Land rent;
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c) Registration fees;
d) Revenues from State-run lotteries;
e) Non-refund aid donated directly by foreign organizations and individuals to the province in accordance with provisions of law;
f) Fees, charges and other revenues to be contributed to the provincial budget in accordance with the provisions of the Government;
g) Money mobilized from organizations and individuals to invest in construction of infrastructure projects in accordance with provisions of the Government;
h) Voluntary contributions from domestic and foreign organizations and individuals to the provincial budget;
i) Revenues from the balance of the provincial budget;
j) Supplementary allocation from the central budget;
k) Other revenues as provided for by law.
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a) Turnover tax;
b) Profit tax, excluding profit tax of units where accounting is done in all the service;
c) Income tax from high-income earners;
d) Tax on remittance of profits abroad;
e) Natural resources tax;
f) Tax on the use of budget capital.
3. Revenues divided in percentage (%) between the provincial budgets, budgets of districts, precincts, provincial towns and cities (referred to as the district�s budget) and the budgets of communes and townships:
a) Tax on the use of agricultural land;
b) Tax on the transfer of land use right;
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d) Land rent.
Article 31.- The spending tasks of the provincial budget shall include:
1. Regular spending on:
a) Non-business activities in the fields of economy, education, training, health-care, culture, information, physical training and sports, social affairs, science, technology and environment and other non-business operations managed by the provincial agencies;
b) The tasks of national defense, security and social order and safety, assigned to the province;
c) Activities of the agencies of the State, the Communist Party of Vietnam, and socio-political organizations at provincial level;
d) Financial support for the provincial social organizations and socio-professional organizations in accordance with provisions of law;
e) Implementation of social policies managed by the province;
f) The national programs assigned by the Government to the province for management;
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h) Payment of interests on borrowings for investment as stipulated in Clause 3, Article 8 of this Law;
i) Other expenditures in accordance with provisions of law.
2. Spending on development investment:
a) Investment in the construction of socio-economic infrastructure projects managed by the province;
b) Investment and capital support for State enterprises in accordance with provisions of law;
3. Spending for payment of principals of the borrowings for investment as stipulated in Clause 3, Article 8 of this Law.
4. Spending on supplementing the financial reserve fund.
5. Spending on supplementing lower-level budgets.
Article 32.- The revenue sources of the district budget include:
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a) Trade license tax, excluding trade license tax on small business households in communes and townships;
b) Slaughter tax collected from animal-slaughtering businesses located in the ward�s territory;
c) Fees and charges from activities of agencies under the district�s management;
d) Money collected from non-business operations of units managed by the district;
e) Non-refund aid granted by foreign organizations and individuals directly to the district in accordance with provisions of law;
f) Contributions by organizations or individuals to invest in the construction of infrastructure projects in accordance with provisions of the Government;
g) Voluntary contributions by domestic and foreign organizations or individuals to the district�s budget;
h) Revenue from the balance of the district�s budget;
i) Supplements from the provincial budget;
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law.
2. Revenues to be divided in percentage (%) between the provincial budget, province, district budgets and the budgets of communes and townships:
a) Tax on agricultural land use;
b) Tax on transfer of land use right;
c) House and land taxes;
d) Land use charge.
3. In addition to the revenues provided for in Clauses 1 and 2 of this Article, the provincial towns and cities are also given an additional percentage of turnover tax, profit tax, registration fees collected in their respective territory and are entiled to establish their own investment funds in accordance with provisions of the Government.
Article 33.- The spending tasks of the district�s budget shall include:
1. Regular spending on:
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b) The tasks of national defense, security and social order and safety, assigned to the district;
c) The activities of the agencies of the State, the Communist Party of Vietnam and socio-political organizations at district level;
d) Financial support for district social organizations and socio-professional organizations in accordance with provisions of law;
e) Other spendings as provided for by law;
f) In addition to the spending tasks provided for in Points a, b, c, d, e of Clause 1 of this Article, the provincial towns and cities under the provincial management shall also assume the tasks of spending on the management, repair and maintenance of public works and on urban non-business operations.
2. Spending on development investment:
Spending on investment in socio-economic infrastructure projects of the provincial level in accordance with the division of responsibility. The provincial towns and cities shall be tasked with the spendings on investment in the construction of public general education schools of all levels and public utility projects such as lighting, water supply and drainage, inner city transportation, traffic safety, urban sanitation.
3. Spending on supplementing lower-level budgets.
Article 34.- The revenue sources of the commune and township budgets shall include:
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a) The trade license tax on small business households;
b) Animal slaughtering tax;
c) Fees, charges and contributions to be collected for the commune or township budget in accordance with provisions of law;
d) Revenues from the use of the public land fund and profits from other public properties;
e) Money collected from non-business operations managed by the commune or township;
f) Voluntary contributions to the commune and township;
g) Non-refund aid directly donated by foreign organizations and individuals to the commune or township in accordance with provisions of law;
h) Revenue from the balance of the commune or township budget;
i) Supplementary allocation from the higher-level budget;
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2. Revenues divided in percentage (%) between the provincial budget, the district budget, and the commune or township budget:
a) Tax on agricultural land use;
b) Tax on transfer of land use right;
c) House and land taxes;
d) Land use charge.
Article 35.- The spending tasks of the commune or township budgets:
1. Regular spending on:
a) Social work and activities in the fields of culture, information and sports managed by the commune or township;
b) Financial support for extracurricular education, creches and kindergartens managed by the commune or township;
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d) Management, repair or maintenance of architectural projects, public properties, welfare projects and roads managed by the commune or township;
e) Activities of the agencies of the State, the Communist Party of Vietnam and socio-political organizations of the commune or township;
f) Militia and self-defense work; maintenance of social order and safety in the commune or township;
g) Other spendings in accordance with provisions of law.
2. Spending on development investment:
Spending on investment in the construction of socio-economic infrastructure projects in accordance with the assignment of responsibilities by the province.
Article 37.- The revenue sources of the ward budget shall include:
1. Fees, charges and contributions to the ward budget in accordance with provisions of law;
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3. Voluntary contributions from organizations or individuals to the ward;
4. Non-refund aid from foreign organizations or individuals directly to the ward in accordance with provisions of law;
5. Revenue from the balance of the ward budget;
6. Supplementary allocation from the higher-level budget;
7. Other revenues as provided for by law.
Article 38.- The tasks of spending by the the ward budget shall include:
1. Spending on social work and activities in the fields of culture, information and sports managed by the ward;
2. Spending on militia, self-defense, social order and safety work in the ward;
3. Spending for the operation of the agencies of the State, the Communist Party of Vietnam and socio-political organizations at ward level;
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The percentage (%) of revenue to be apportioned to each level shall be kept stable for 3 to 5 years.
1) There is an urgent demand in terms of national defense and security;
2) There are major changes in the budget revenues and expenditures compared to those already allocated.
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2. The revenues in the draft budgets must be determined on the basis of economic growth and provisions of law regarding budget revenues.
3. The expenditures in the draft budgets must be determined on the basis of the socio-economic development targets, the State management and the assurance of national security and defense. For the regular spendings, the drafts must be made on the basis of the sources of revenues from taxes, fees, charges and in compliance with the regimes, norms and levels stipulated by the competent State agencies.
2. On the basis of the Prime Minister�s decisions, the Ministry of Finance shall provide guidance on the requirement, content and time-limit for drafting the State Budget and the control number of the draft State Budget.
2. The local financial agencies of various levels shall consider the draft budgets of the agencies and units of the same level and draft budgets of the lower-level adminitration, to consolidate and make the draft budgets and plans on their allocation and submit them to the People’s Committee of the same level.
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1. Work with budget drafting agencies and units of the same level and the lower-level People’s Committee so as to readjust necessary points in the draft;
2. Recommend measures to ensure the budget balance as provided for in Article 8 of this Law.
During the process of drafting the State Budget, if there is divergence of views between the Ministry of Finance and other central agencies or the localities, the Ministry of Finance shall report to the Government or the Prime Minister for decision in accordance with the assigned authority. This principle shall also apply during the process of drafting local budgets at all levels.
1. The situation of the implementation of the State Budget in the preceding year, grounds for drafting the State Budget, basic contents and solutions aimed at materializing the draft State Budget;
2. The spending tasks of the State Budget in which the important targets and programs of the national economy and major policies of the Party and State related to the State Budget shall be specified;
3. The tasks of the State Budget revenues, accompanied by solutions aimed at mobilizing revenues for the State Budget;
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5. Report on the State�s debts, in which the amounts of due debt, overdue debt, amounts of interest to be paid during the year, the debts that will result from compulsory borrowings to compensate for the State Budget overspending, the capability to repay debts during the year and the amount of debts by the year-end shall be specified;
6. Specific policies and measures aimed at stabilizing finance, currency and the State Budget;
7. List of investment projects for key capital construction works to be built with State Budget sources;
8. Other documents to explain the projected State Budget revenues and expenditures.
2. In case the draft State Budget is not yet decided by the National Assembly, the Government shall re-draft the State Budget and submit it to the National Assembly at a date to be decided by the National Assembly.
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IMPLEMENTATION OF THE STATE BUDGET
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2. The budget drafting units, organizations and individuals shall have to fulfill their obligations of making contributions to the budget in accordance with provisions of law; to use the State Budget finance for the right purposes, in accordance with regulations, and in an economical and efficient manner.
2. Regular and periodic expenditures must be met by funds distributed through the year; seasonal spendings or big purchases shall have to be planned with the financial agencies so that they can take the initiative in disposing the funds.
2. The collection agency shall have the following tasks and powers:
a) To cooperate with the concerned State agencies to organize the collection in conformity with law; be subject to the guidance and control of the People’s Committee and supervision by the People’s Council with regard to budget revenue collection in the locality; cooperate with the Vietnam Fatherland Front and its member organizations in campaigning among organizations and individuals for fulfilling their obligations of budget contribution in accordance with provisions of this Law and other provisions of law;
b) To examine and control the revenue sources of the State Budget;
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d) To inspect the discharge of the task of collection and payment to the State Budget, and handle acts of violation in accordance with provisions of law.
3. All budget revenues shall be paid directly to the State Treasury. In special cases the collecting agency shall be permitted to organize direct collection, but have to make timely and full payment to the State Treasury in accordance with provisions of the Minister of Finance.
1. On the basis of the assigned draft State Budgets, the budget using units shall draw up their spending plans and send them to the financial agency of the same level and the State Treasury at the place of transaction with a view to the timely disposal of funds;
2. The financial agency shall consider the spending plan of the unit and on the basis of the capability of the budget, arrange the quarterly spending plans, and notify the unit with a view to implementation;
3. On the basis of the spending plan announced by the financial agency, the head of the budget using unit shall issue the approval order, and the State Treasury shall examine the legality of the necessary documents as provided for by law and carry out the supply and payment;
4. All the State Budget expenditures shall be implemented when all conditions provided for in Clause 2, Article 5 of this Law are met and in accordance with the principle of direct payment from the State Treasury. The Minister of Finance shall provide detailed guidance on the implementation of this principle.
Spending on capital construction investment shall be supplied fully and in conformity with the planned tempo within the assigned plan. Other expenditures shall only be readjusted within the allocated draft budgets and in accordance with provisions of the Government, except for the cases provided for in Clauses 2 and 3, Article 62 of this Law.
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1. The increase in the revenue and the savings from the expenditure, as compared with the approved estimates can be used to reduce overspending, increase spending on debt payment or supplement the financial reserve fund and to increase other necessary expenditures as provided for by the Government;
2. In case the revenue is lower than the approved estimates, the Prime Minister or the President of the People’s Committee shall be allowed to make adjustments to reduce some corresponding expenditures, and at the same time report it to the Standing Committee of the National Assembly and the National Assembly, the People’s Council of the same level at the nearest session;
3. In case unexpected spendings are required which are higher than the estimate but which can neither be delayed nor met by contingency reserve, the Prime Minister or the President of the People’s Committee shall rearrange all the expenditures in the assigned draft budgets so as to have the necessary sources to meet such unexpected spending requirements;
4. Annually, in case of an increase in the revenue from export tax, import tax and special consumption tax over the assigned revenue, the Government shall decide to channel a percentage (%) of such increase to the provincial budget to invest in the construction of infrastructure projects but shall report it to the Standing Committee of the National Assembly;
5. In case of temporary deficit of the State Budget fund, the financial reserve fund shall be used for remedy. For the central budget, if the financial reserve fund fails to settle the deficit, the State Bank shall make advance payment to the central budget as decided by the Prime Minister.
The advance payment from the financial reserve fund to the budgets of various levels and advance payment from the State Bank to the central budget shall be reimbursed within the budget year, except for special cases to be decided by the Prime Minister.
ACCOUNTANCY AND FINAL STATE BUDGET ACCOUNTS
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2. All revenues of the preceding years budgets paid in the following year must be entered in the following years budget. Expenditures from the preceding years budget which are not yet carried out shall be included in the following years draft budgets only when a competent agency so decides.
2. The data of the accounts shall be compared and certified by the State Treasury at the place of transaction.
3. The heads of the higher-level budget drafting units shall have to examine and approve the budget revenue and expenditure accounts of the units directly under their management, to establish the balance sheet of the budget revenues and expenditures under their management and send them to the financial agencies of the same level.
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2. The Ministry of Finance shall consider and approve budget revenue and expenditure accounts of central agencies, examine the accounts of the local budgets; consolidate and establish the accounts of the State Budget to be submitted to the Government for consideration and to the National Assembly for ratification.
2. In case the budget accounts are not yet ratified by the National Assembly or the People’s Council, the Government or the People’s Committee shall, within their tasks and powers, and the State Auditing agencies which have audited, continue to clarify issues raised by the National Assembly or the People’s Council so as to submit them to the National Assembly or the People’s Council at a date to be decided by the National Assembly or the People’s Council.
1. The revenues collected not in accordance with provisions of law shall be returned to the organizations or individuals that have paid them; all the compulsory revenues that have not been collected shall be fully collected for the State Budget;
2. Expenditures made not in accordance with provisions of law shall be recovered for the State Budget.
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2. The State Audit agency shall have to report the audit results to the Government and, if requested, to the National Assembly or the Standing Committee of the National Assembly. When the National Assembly or the Standing Committee of the National Assembly request audit by the State Audit Agency, the latter shall have to carry it out and report the results.
2. The tasks and powers of the financial inspectors over the establishment, implementation and account statements of the budget shall be carried out in accordance with provisions of law.
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1. Concealing revenue sources, place revenue outside the budget, delay or fail to perform the obligation of payment to the budget;
2. Permitting the exemption or reduction of budget payments, which is contrary to provisions or authority;
3. Taking advantage of position and powers to appropriate or cause damage to the revenue sources of the State Budget and properties;
4. Collecting revenues not in accordance with provisions of law, making expenditures not for the right purposes, and not in accordance with approved draft budget, causing losses to the budget finance;
5. Carrying out the accounting contrarily to the State regime of accountancy and the List of State Budget causing damage to the State Budget;
6. Other acts of violation of provisions of the law on budget.
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The State Budget revenues, expenditures and accounts and issues arising from the implementation of the State Budget prior to the entry into force of this Law shall be applied in accordance with the laws currently in force.
Article 82.- The Government shall adopt detailed regulations for the implementation of this Law.
This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, IXth Legislature, 9th Session on March 20, 1996.
THE CHAIRMAN OF THE NATIONAL ASSEMBLY
Nong Duc Manh
- 1 Decision No. 231/2006/QD-TTg of October 16, 2006, promulgating the regulation on formulation and management of the system of indicators for assessment and supervision of the national foreign debt status
- 2 Decision No. 108/2006/QD-TTg of May 19, 2006, establishing the Vietnam Development Bank
- 3 Decision No. 19/2006/QD-BTC dated March 30, 2006, enforcing the regulations on administrative accounting
- 4 Decision No. 42/2006/QD-TTg, on a number of preferential financial and budgetary mechanisms for Can Tho city, promulgated by the Prime Minister of Government
- 5 Decree No. 04/1999/ND-CP of January 30, 1999, on charges and fees belonging to the state budget
- 6 Decree No. 87-CP of December 19, 1996, of the Government detailing the assignment of responsibilities for managing, drafting, implementing and settling the state budget
- 7 1992 Constitution of the Socialist Republic of Vietnam
- 1 Decision No. 231/2006/QD-TTg of October 16, 2006, promulgating the regulation on formulation and management of the system of indicators for assessment and supervision of the national foreign debt status
- 2 Decision No. 108/2006/QD-TTg of May 19, 2006, establishing the Vietnam Development Bank
- 3 Decision No. 19/2006/QD-BTC dated March 30, 2006, enforcing the regulations on administrative accounting
- 4 Decision No. 42/2006/QD-TTg, on a number of preferential financial and budgetary mechanisms for Can Tho city, promulgated by the Prime Minister of Government
- 5 Circular No. 06/2003/TT-BTC of January 13, 2003, rescribing the regimes of collection, remittance and use management of fees for checking programmed tapes and discs
- 6 Circular No. 03/2003/TT-BTC of January 10, 2003, stipulating the regime of collection, remittance and use management of charges for expertising, and fees for granting certificates of quality and technical safety for, machinery, equipment, supplies and substances subject to strict safety requirements
- 7 Decision no. 1381/QD-TTg of October 24, 2001 approving the feasible project on improving the water environment in ho chi minh city, tau hu - ben nghe - doi - te canal basin, phase i (2001-2006)