Chapter III
IMPLEMENTATION PROVISIONS
Article 15. Duties and powers of the Ministry of Finance
1. Providing detailed instructions about the levels and details of expenditures on implementation of the spending commitments according to the actual implementation situation; expenditures in the form of paying first, controlling later; details of state budget revenues according to the form of document on payment to the state budget.
2. Taking charge of directing, managing, supervising, inspecting and examining the implementation of administrative procedures for State Treasury operations as prescribed by law.
3. Directing the State Treasury to:
a) Comply with regulations on administrative procedures for State Treasury operations, ensure the time limit for handling of each administrative procedure in accordance with the provisions of this Decree; guide the transaction units to provide dossiers and completely fill in the forms and dossiers of administrative procedures, ensure conformance to the requirements of supplementing dossiers of administrative procedures specified in this Decree according to which supplementation shall be performed not more than once during the process of handling of dossiers, and the time limit for returning invalid dossiers for each administrative procedure shall not exceed the time limit for handling of such administrative procedures; it is not allowed to request the transaction unit to supplement documents other than those specified in this Decree. In case the State Treasury has managed to access electronic contract information from the national bidding network, the State Treasury must not request the unit using the state budget to send the contract to the State Treasury.
b) Prepare necessary conditions to fully implement online public services for administrative procedures for State Treasury operations.
c) Grant recovered state budget remittance documents or duplicate copies of state budget remittance vouchers at the request of state budget payers, for cases where state budget payers make direct payment at the State Treasury.
Article 16. Duties and powers of Ministries, Ministry-level agencies, sectors and local authorities
1. Ministries, Ministry-level agencies, sectors and local authorities:
a) Direct their affiliated units to abide by the regulations on state budget management, public investment, construction and regulations on administrative procedures for State Treasury operations as prescribed in this Decree; accelerate the application of information technology to use public services in the process of implementing administrative procedures for State Treasury operations according to the schedule specified in Clause 5, Article 17 of this Decree.
b) Establish a database of charges and fees under its management; carry out fee or charge data connection and sharing with other relevant agencies and units as prescribed by law.
2. The Ministry of Planning and Investment shall establish connection and exchange of information on e-transactions in bidding activities with the Ministry of Finance and other ministries, agencies and organizations according to the Government's objectives and programs and E-government in conformity with practical conditions and law provisions.
3. The Ministry of Justice shall develop a national database on sanctioning of administrative violations according to the Government's Decree No. 20/2016/ND-CP dated March 30, 2016, providing for the national database on handling of administrative violations.
Article 17. Duties and powers of transaction units
1. Fully comply with the provisions of the State Budget Law, the Law on Public Investment, the Bidding Law, the Construction Law and other relevant laws in the process of managing and using authorized state budget funds.
2. Strictly abide by the regulations on administrative procedures for State Treasury operations prescribed in this Decree; take responsibility for keeping all state budget spending documents and vouchers according to the prescribed regime.
3. Take responsibility for spending decisions; processes, forms and results of contractor selection in accordance with the Bidding Law and its guiding documents; the accuracy of the unit prices, volumes and values of payment requests; take responsibility for and strictly comply with the regimes, standards and norms prescribed by competent state agencies; technical criteria and quantity of assets purchased by state budget-using units according to law provisions; contents inscribed on the statements of payment/advance details; sheet of payment to beneficiaries and other relevant documents.
4. Take responsibility for signing contracts with goods and service suppliers in accordance with competent authorities' decisions to approve contractor selection results; issue internal spending regulations in accordance with the unit's regulations on assigning autonomy and self-responsibility; approving finalization of costs of exit delegations in accordance with the competent authorities' decision on sending officers to overseas missions and estimation of costs of exit delegations approved by the unit's heads.
5. Units using the state budget (except for units involved in the security and defense activities) shall have to prepare all necessary conditions for using public services when carrying out administrative procedures for State Treasury operations according to the following schedule:
a) By March 31, 2020, implement these administrative procedures at all units using the state budget that have transactions with the State Treasury of provinces and centrally run cities; State Treasuries of cities, districts, towns under the control of provinces and centrally-affiliated cities.
b) By March 31, 2020, implement these administrative procedures at all units using the state budget that have transactions with the State Treasuries nationwide.
c) In case of ineligibility to use level 4 online public services according to the schedule specified at Points a and b of this Article, units using the state budget must send written requests to the State Treasuries where transactions are made for their final report to the Ministry of Finance to seek their specific decisions on whether units may continue to carry out administrative procedures by the direct mode at the State Treasury’s headquarter, within 03 months from the deadline for the unit’s participation in online level 4 public services with the State Treasury as prescribed at Points a and b of this Clause.
Article 18. Entry into force
1. This Decree shall take effect on March 16, 2020 and repeal regulations on administrative procedures for collection and refund of state budget revenues through the State Treasury; control of state budget spending through the State Treasury; registration and use of accounts at the State Treasury as prescribed in current legal documents.
2. In case the legislative documents cited in this Decree are amended, supplemented or replaced with other legal documents, such amendments, supplements and replacements shall apply.
3. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, and Chairpersons of People’s Committees of centrally-affiliated cities and provinces, shall be responsible for implementing this Decree./.
Tìm kiếm
Nghị định 11/2020/NĐ-CP (Bản Word)
Nghị định 11/2020/NĐ-CP (Bản Pdf)