Nghị định 27/2022/NĐ-CP quy định về cơ chế quản lý, tổ chức thực hiện các chương trình mục tiêu quốc gia

DECREE

PRESCRIBING MECHANISM FOR MANAGEMENT AND IMPLEMENTATION OF NATIONAL TARGET PROGRAMS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Local Government Organization dated June 19, 2015; the Law on Amendments and Supplements to certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Law on Construction dated June 18, 2014; the Law on Amendments and Supplements to several the Law on Construction dated June 17, 2020;

Pursuant to the Law on Bidding dated November 26, 2013;

Upon the request of the Minister of Planning and Investment;

The Government herein promulgates the Decree providing for the mechanism for management and implementation of national target programs.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree discusses the mechanism for for management and implementation of national target programs with respect to:

1. Formulation and assignment of the plans for implementation of national target programs for the five-year period and each year.

2. Mobilization and utilization of resources for implementation of national target programs.

3. Dedicated mechanism for implementation of small-scale and uncomplicated-technique construction projects.

4. Organizational mechanism for production development support in national target programs.

5. Management of national target programs.

6. Supervision and assessment of national target programs.

Article 2. Subjects of application

This Decree shall apply to authorities, entities and persons involved in or related to management and implementation of national target programs.

Article 3. Interpretation

For the purposes of this Decree, terms used herein shall be construed as follows:

1. Project, sub-project, component item of a national target program (referred to as component project) refers to a set of specific objectives, tasks, activities and solutions designed to achieve the objectives of the national target program.

2. Owner of a project, sub-project or component item of a national target program (referred to as a component project owner) refers to a ministry or central authority assigned by the Prime Minister to lead the management of one or several component projects under the national target program in the program investment decision.

3. Managing body of a national target program (referred to as program managing body) refers to a Ministry, central authority and provincial-level People's Committee assigned by the Prime Minister to fulfill objectives, tasks and budget plans for implementation of the national target program.

4. Affiliation lead unit refers to an enterprise, cooperative or cooperative alliance putting forward a project and plan for cooperation with a person, mass group or artel in carrying out activities to develop production throughout an area falling within the range of investment of a national target program.

5. Affiliate refers to an individual or family household eligible for support granted by a national target program, mass group or artel.

6. Counterpart fund for implementation of a national target program refers to a local budget allocated or provided according to the financial plan, the medium-term public investment plan for the five-year period, the state budget estimate or the annual public investment plan to directly fund implementation of requirements and activities of the national target program.

7. Pooling of funds for implementation of a national target programs refers to the act of using funds from various programs and projects as investment in carrying out another work, project or job, if the funder and funding recipient share the same goal and have the same property as well as are carried out in the same area, in order to pool the maximum amount of funding for implementation of the national target program.

8. Dedicated mechanism for implementation of small-scale and uncomplicated-technique construction projects refers to the act of using simple and concise procedures for project formulation, evaluation, decision, contractor selection, construction management and maintenance for construction projects in which the local community is involved.

9. Production development support activity under a national target program refers to the act of offering the state budget’s partial grant to subjects of the national target program and mobilizing other lawful funds for production, product consumption, and provision of business services in order to promote rural economic development, business start-up, entrepreneurship; diversify livelihoods; make widespread use of poverty reduction models and projects; bring stable income and improve income for the target population of the national target program. Production development support activities shall include: Support for the development of value chain-linked production; support for the development of community-based production; support for the development of task-based production; support for the development of purpose-made production.

10. Support for the development of value chain-linked production refers to the method of giving support through a project or plan for cooperation between a host unit and an affiliate in producing and consuming goods and services according to a value chain.

11. Support for the development of community-based production refers to the method of supporting the local community in executing a production development project and plan that the local community puts forward and implements.

12. Support for the development of task-based production refers to the method of giving support during the order placement, commissioning, task assignment, procurement or contracting process to select a fully qualified and experienced body to offer the population support for production and consumption of products and services.

13. Support for the development of purpose-made production refers to the method of giving support by means of prototypical projects or models; projects or models helping to link the development of production with national defence, security, environmental protection, adaptation to climate change and gender equality under the control and management of a ministry or central authority.

14. Supervision of a national target program refers to the act of monitoring and inspecting the plan for implementation of national target programs (including the plan for public investment of funds of national target programs), management and progress of national target programs.

15. Assessment of a national target program refers to the act of determining the level of attainment by specific objectives and targets compared with those set out in investment decisions or assessment criteria prescribed by the State at a certain time. The assessment of a national target program is categorised into: Annual evaluation; in-process assessment; upon-completion and impact evaluation; ad-hoc evaluation conducted to measure the implementation of the program.

Article 4. Principles of management and implementation of national target programs

1. Ensure compliance with law on public investment, state budget and other relevant regulatory provisions.

2. Duly fulfill the responsibilities of ministries, central authorities, local authorities at all levels, heads of agencies, units and other related organizations during the process of management and implementation of programs.

3. Strengthen the decentralization and empowerment process in order for of local authorities, especially grassroots-level authorities, to improve their initiative and flexibility when managing and implementing national target programs. Promote the role of the population community in the process of planning, organizing, implementing and monitoring national target programs.

4. Synchronously implement management measures and strengthen pooling of funds for the implementation of national target programs with the aim of ensuring concentrated, economical and efficient use of these funds; address issues related to fragmented and overlapped investments; avoid loss, waste and outstanding debt accrued from capital construction.

5. Ensure public supervision and transparency in the process of management and implementation of national target programs.

Chapter II

FORMULATION AND ASSIGNMENT OF FIVE-YEAR AND ANNUAL PLANS FOR IMPLEMENTATION OF NATIONAL TARGET PROGRAMS

Article 5. Formulation and assignment of the national master plan for implementation of national target programs during the five-year period

1. Formulating, appraising, making investment policy or investment decisions on national target programs shall comply with the provisions of Chapter II in the Law on Public Investment.

2. The formulation of national master plans for national target programs for the 5-year period shall come after the Prime Minister signs off on the decisions on investment in the national target programs; impose regulations regarding allocation principles, criteria, norms of central budget funds and percents of counterpart capital of local budgets for implementation of national target programs.

3. Program owners shall take charge of and cooperate with component project owners and relevant agencies in formulating the national master plan for implementation of national target programs for the 5-year period for submission to the Ministry of Planning and Investment, and the Ministry of Finance. Each plan shall include the following recommendations and proposals:

a) Scheme for assigning objectives, tasks and core of a national target program to the program managing agency.

b) Scheme for allocating central budget funds, including total funding and central budget funding structure , in each year of support for a program managing agency.

c) Main solutions for execution of the plan for implementation of national target programs for the five-year period.

4. The Ministry of Planning and Investment shall take charge of finalizing the national master plan for implementation of national target programs for the five-year period and submit it to the relevant competent authority.

5. The Prime Minister shall assign the national master plan for implementation of national target programs for the five-year period, including objectives, tasks, key requirements, total funding, and structure of the central budget funding, to program managing agencies.

Article 6. Formulation, approval and assignment of the five-year plan for implementation of national target programs of program managing agencies

1. Formulation of five-year plans for implementation of national target programs of program managing agencies shall come after the Prime Minister assigns the national master plan for implementation of national target programs for the five-year period.

2. Planning bases

a) Five-year socio-economic development plans, mid-term public investment plans of ministries, central or local authorities.

b) Prime Minister’s approval decisions on investment in national target programs; Prime Minister’s decisions to introduce allocation principles, criteria, norms of central budget funds and percents of counterpart capital of local budgets for implementation of national target programs.

c) Prime Minister’s decision to assign the national master plan for implementation of national target programs during the five-year period.

d) Instructions on how to design objectives, tasks, requirements and activities involved in implementation of national target programs provided by program owners or component project owners.

3. Each local plan shall contain the followings:

a) Objectives and targets expected to be achieved during the 5-year period; specific tasks to be performed according to the project components of each national target program.

b) Capability of mobilizing funds for implementation of national target programs, including: state budget (including central budget, local budget) funds; funds pooled by local programs and projects; loans; other lawfully mobilized funds (if any).

c) Allocation principles, criteria and norms of the state budget’s estimated funds for implementation of national target programs at localities.

d) Details, funded activities, estimated amounts of allocated funding and activity-specific funding structure; percentage of construction projects to be implemented under the dedicated mechanism; list of priority investment projects (if any).

d) Solutions for mobilization of funds and implementation thereof.

4. Each plan of a ministry or central authority shall contain the followings:

a) Details, requirements, funded activities and estimated amounts of allocated funding, activity-specific funding structure; list of investment projects (if any).

b) Implementation solutions.

5. Within 30 working days from the day on which the Prime Minister assigns the national master plan for implementation of national target programs during the five-year period, program managing agencies shall formulate, approve and assign five-year plans for implementation of national target programs in accordance with the Law on Public Investment and the Law on State Budget.

Article 7. Formulation and assignment of annual plans for implementation of national target programs

1. Formulation of annual plans for implementation of national target programs of ministries, central authorities and local authorities shall coincide with the formulation of annual socio-economic development plans, public investment plans and state budget estimates.

2. Each annual plan of a local authority shall contain the followings:

a) Review of achievements in implementation of national target programs.

b) Anticipated detailed objectives, targets and tasks of the next-year plan by specific requirements and component projects.

c) Proposed funding for implementation of national target programs, including: state budget (including central budget, local budget) funds; pooled funds pooled by local programs and projects; loans; other lawfully mobilized funds (if any).

d) Estimated amounts of allocated funding for fulfillment of requirements and implementation of activities; list of investment projects, percentage of investment projects to be implemented according to dedicated mechanisms.

dd) Management and implementation solutions.

3. Each annual plan of a ministry or central authority shall contain the followings:

a) Review of achievements in implementation of national target programs.

b) Details, requirements, funded activities, estimated amounts of allocated funding and funding structure specific to activities of the next-year plan; list of investment projects (if any).

c) Implementation solutions.

4. Bases and steps in formulating of annual plans for implementation of national target programs of ministries, central and local authorities shall comply with the Prime Minister’s Directive, the guidance of the Ministry of Planning and Investment, and Ministry of Finance.

The planning for implementation of items and activities included in a national target program and joined by people living in commune-level areas shall comply with the regulatory provisions of Article 8 of this Decree.

5. Assignment of annual plans for implementation of national target programs

a) The Prime Minister shall assign program managing agencies plans for implementation of national target programs in the following year, including total amount of funding and structure of central budget funds (e.g. funds for capital investment and governmental service purposes); objectives and targets of each national target program under law on state budget and public investment.

b) Ministries, central authorities and People’s Committees must finish assigning tasks and requirements; the estimates of annual state budget funding specific to component projects of each national target program; capital investment, governmental service, domestic and overseas funding structure; the list of investment projects for implementation of national target programs, to directly affiliated agencies and entities as per law on state budget and public investment.

Article 8. Methods of formulating plans for community-involved implementation of national target programs

1. Requirements for formulation of the plan for community-involved implementation of national target programs

a) The planning process shall be carried out 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 commune-level areas.

b) The local community may propose and give comments on the plan for implementation of items, activities and investment projects of the national target program at the commune-level areas.

2. Contents of the plan:

a) Requirements, activities, list of investment projects.

b) Capability of mobilizing funds: State budget grants, funds raised from local community; other lawful funds (if any).

c) Solutions for implementation and assignment of responsibilities of stakeholders.

3. Steps in formulation of the plan for community-involved implementation of national target programs

a) Based on the guidance and announcement of the estimated state budget funds for implementation of the national target programs at the district level, the commune-level People's Committees shall widely notify the local community at the hamlet level and equivalent (referred to as village), mass organizations and stakeholders of the objectives, planned activities, forms of financial aid and state budget grants to carry out the national target programs in communes.

b) The commune-level People's Committees shall guide Village Development Boards to hold meetings to agree on the proposed demands for the implementation of activities under the national target program.

c) Each Village Development Board reviews and finalizes the demands of the local community and sends finalized demands to the People's Committee of the commune.

d) The receiving commune-level People's Committee holds a meeting with the sending Village Development Board and mass organizations to discuss and agree on the items, requirements and activities to be included in the plan for implementation of national target programs at their respective communes, as well as clarify the contributions and capabilities of involvement of local community.

d) The commune-level People’s Committee finalizes the plan for implementation of the national target program at the commune level for submission to the commune-level People’s Council to seek its approval available in the socio-economic development plan in the following year at the commune level, and submits the final plan to the district-level People’s Committee for synthesis purposes.

Chapter III

MOBILIZATION AND UTILIZATION OF FUNDING SOURCES FOR IMPLEMENTATION OF NATIONAL TARGET PROGRAMS

Article 9. Mobilization and utilization of funding sources for implementation of national target programs

1. State budget funds for implementation of national target programs shall be estimated in the medium-term public investment plan and the five-year financial plan; estimated and made available for use in the annual public investment plan and budget estimate.

a) Central budget shall estimate, provide and allocate funds for implementation of a national target program according to total funding approved by the National Assembly in the investment policy for implementation of national target programs, the medium-term public investment plan for the five-year period.

b) Local budgets shall estimate, provide and allocate counterpart funds for implementation of national target programs. The proportion of local budget’s counterpart funds specific to national target programs shall be decided by the Prime Minister.

2. Principles of apportioning and transferring the central budget funds to program managing agencies

a) Comply with allocation principles, criteria and norms of central budget funds for implementation of specific national target programs within the guidelines laid down by the Prime Minister.

b) Align with the schedule of implementation of the five-year plan ratified by the competent authority.

c) Fund apportionment and transfer shall be carried out on the basis of achievements according to objectives and targets assigned by competent authorities, counterpart funds contributed by local budgets and fund disbursements in the implementation year.

3. Apportionment of state budget funds by local authorities shall comply with the regulations on principles, criteria and norms of state budget allocations of the local competent authorities.

4. Costs of the followings shall be covered by the state budget

a) Implementing investment items, activities and projects according to the Prime Minister's decision on approval of investment in the national target program. Preferential treatment towards investment, maintenance of construction works and support for production development shall be specified in Chapter IV and Chapter V of this Decree.

b) Setting up and maintaining operation of systems for supervision and assessment of national target programs.

c) Activities of the central and local Steering Committees on national target programs.

5. Disbursement and settlement of state budget funds for implementation of national target programs shall be subject to state budget funds for implementation of national target programs under the Government’s regulations on management, disbursement and settlement of funds for publicly-funded projects prescribed herein and under the MoF’s guidance.

Article 10. Pooling of funds for implementation of national target programs

1. Principles

a) The purpose of pooling of funds is to carry out investment projects, activities and items sharing the same objectives and taking place at the same commune or district.

b) The pooling of funds shall not lead to any change in objectives and tasks of each program or project; must ensure limits on overlapping and duplication situation that can happen in terms of the scope, receivers and requirements of the syndicated fund; should avoid fragmented investment and waste during use.

c) The pooling process must be carried out synchronously from the stage of policy formulation, budget planning, allocation, allocation, utilization, payment and settlement of funds.

d) Focus on pooling funds for implementation of objectives and activities in poor districts; extremely underprivileged communes at coastal areas and islands; communes and villages with extreme difficulties in ethnic minority and mountainous areas.

dd) Clearly determine the mobilization and contribution rate of funds by specific programs and projects involved in the pooling transaction; agree on limits on spending by specific items and activities involved in the pooling transaction; ensure the processes and procedures for payment and settlement of pooled funds adapt to real circumstances at localities.

e) Clearly assign and decentralize responsibilities of presiding and cooperating agencies and units towards the pooling of funds.

2. Aims of the pooling of funds between national target programs, and from other programs or projects:

a) Investment projects.

b) Activities of support for development of production under national target programs.

c) Occupational skills improvement, vocational training, management and implementation capacity development training activities; communication about national target programs.

d) Inspection, evaluation and seminars of implementation of national target programs at all levels.

dd) Others involved in each national target program (if any).

3. Steps and procedures for payment and settlement of pooled funds shall be subject to the regulations of competent local authorities.

Article 11. Mobilization and utilization of loans for implementation of national target programs

1. Mobilization and utilization of loans for implementation of national target programs

a) Raise as many loans as possible for implementation of national target programs through credit policies applied to specific receivers, borrowers and investment items of each national target program. Mechanism for mobilization of loans shall be subject to the Government’s regulations on lending and borrowing policies for implementation of national target programs.

b) Based on the Government’s lending and borrowing policies, provincial People's Committees shall seek decisions from the same-level People's Councils on loan amounts, allocate local budget funds for implementation of lending and borrowing policies, provide loan support for specific borrowers, industries, items and tasks of each national target program in order to adapt to local socio-economic characteristics and regulatory provisions regarding management of policy-based loans.

2. Use loans in accordance with regulations of specific lending and borrowing policies and regulatory provisions regarding credit services; facilitate loans to be extended through the entrustment mechanism via social policy banks.

Article 12. Mobilization and utilization of other lawful funds for implementation of national target programs

1. Mobilization and utilization of other lawful funds for implementation of national target programs

a) Mobilize and raise funds from enterprises, organizations and individuals which are used for implementation of production supporting projects and other activities prescribed by law.

b) Accept voluntary financial contributions from the public (e.g. in cash, in kind or working days), enterprises and organizations for implementation of national target programs according to the principle that such contributions must be made on a voluntary, transparent and open manner, and accountability for such contributions must be clear in accordance with law.

2. Utilization of other lawful funds for implementation of national target programs

a) Funds raised from enterprises, organizations and individuals through investment attraction policies shall be utilized in accordance with law on investment and other relevant legal normative documents.

b) Contributions (in cash or in kind) of enterprises, organizations and individuals distributed for use in accordance with regulations of local regulatory authorities shall be subject to regulatory provisions of the Law on State Budget and other relevant legal normative documents.

c) Voluntary contributions (in cash, in kind or in working days) of local community to implementation of national target programs shall be directly managed and used by the local community.

Chapter IV

DEDICATED MECHANISM FOR IMPLEMENTATION OF SMALL-SCALE AND UNCOMPLICATED-TECHNIQUE CONSTRUCTION PROJECTS

Article 13. Principles of dedicated policy-based implementation of construction projects

1. The public involvement in the process of formulation of dossiers, construction and maintenance shall be required for dedicated mechanism-based implementation of small-scale and uncomplicated-technique construction projects. The percentage of construction projects implemented according to the dedicated mechanism shall be subject to the provincial People’s Council’s decision.

2. The state budget shall provide partial grants while the rest of funds shall come from public contributions and other local lawful funds for implementation of these construction projects. For projects to be carried out at extremely underprivileged communes or villages, the state budget shall offer the full grants. The amount of state budget funding for a single project shall be decided by local regulatory authorities.

3. Public contributions, maybe in cash, in kind or in working days converted into money, must be included in the value of a construction project for the purposes of monitoring and control of agreed contribution rates; must be exempted from being accounted for as state budget revenues or expenditures.

4. Local workforce and materials used for dedicated policy-based implementation of construction projects are preferred. Cost proposals used for formulation of project dossiers shall be formulated according to market prices.

5. The amounts of state budget grants for implementation of construction projects shall be paid on the basis of successfully-tested completed quantities validated by commune-level People's Committees.

Article 14. Criteria for selection of construction projects to be implemented according to the dedicated mechanism

1. They are classified as one of the items of a national target program.

2. Each project of this kind is located within a commune and is put under the control of the commune-level People's Committee.

3. Total investment in each construction project is not greater than 05 billion dong.

4. Each project has uncomplicated techniques, sample or prototypical design or any available design in use in the district where it is intended for implementation.

5. Each project is on the list of projects eligible for the dedicated mechanism that is made known to the public by the provincial People's Committee.

Article 15. Formulation of simplified construction dossiers

1. With respect to construction projects to be implemented according to the dedicated mechanism, formulation of simplified construction economic-technical reports (briefly called simplified construction dossiers).

2. Each simplified construction dossier shall include

a) Project title, investment objectives, construction location, usable land, project investor, project scale and duration.

b) Total investment amount and structure of investment funds, including: State budget grants (e.g. central budget, local budget at all levels), public contributions and other lawful funds.

c) Construction drawing based on sample or prototypical design or available design already in use in the district where a project is located; schedule of construction costs.

d) Proposed capabilities of self-implementation of the public or community benefiting from the project; plan for contractor selection in which local community is involved.

3. Formulation of simplified construction dossiers

a) Based on the local plan to offer local investment support, instruct competent local authorities and commune-level Project Management Boards to advise village-based local community of the project or work for their participation in the process of formulation of simplified construction dossier.

b) Each Project Management Board formulates the simplified construction dossier for submission to the commune-level People’s Committee for its review and approval.

c) Where the commune-level People’s Committee assigns any village-level regulatory authority to implement the work, the Village Development Board shall formulate the simplified construction dossier for submission to the commune-level People's Committee for its review and consent.

4. Where there is any issue or problem arising from formulation of the simplified construction dossier, the commune-level People’s Committee shall request the district-level People’s Committee to assign its subordinate to appoint its qualified personnel to assist in formulation of the simplified construction dossier.

Article 16. Review of simplified construction dossiers and approval of investment in construction projects

1. Each dossier submitted for review shall be composed of: The simplified construction dossier prescribed in clause 2 of Article 15 herein; minutes of the meeting of local community; legal documents and records related to construction activities (if any).

2. Conducting the review of the simplified construction dossier

a) Commune-level People’s Committees shall have the burden of reviewing the simplified construction dossiers. Each review team is joined by the President of the commune-level People's Committee as the team leader; representatives of the Public Supervision Board of the commune, commune-level officers in charge of land, agriculture, construction, environment, finance and accounting fields; professionals or qualified persons nominated by the public (if any).

b) Where commune-level People’s Committees are not competent to conduct the review of the construction dossiers, they can request the district-level People’s Committees in writing to assign its functional subordinates to conduct the review.

3. What to be reviewed

a) Consistency of the project with the local construction or land use planning schemes and other relevant planning schemes.

b) Alignment of the construction drawing with the actual condition of construction ground; safety level and solutions for adjacent infrastructure, conformance to environmental protection requirements; technical feasibility, self-implementation capabilities of local community and organizations assigned to work on the project.

c) Rationality of costs to be assessed when they are compared with local market prices and those of other similar projects in the past and in progress (if any).

d) Capacity to mobilize funds according to the funding structure, including: Capacity to provide state budget funds compared to the mid-term plan during the 5-year period approved by the competent authority; contributions of organizations, individuals; and other lawfully mobilized funds.

dd) Planned construction schedule.

4. Duration of each review and reporting of review results: Agencies conducting the review of simplified construction dossiers shall send written review reports to commune-level People’s Committees within 10 working days of receipt of all legally required documents.

5. Investment project approval:

a) Based on the opinions obtained after completion of the review, the commune-level Project Management Board or the Village Development Board completes the dossier for submission to the President of the commune-level People's Committee to seek its approval of the investment project.

b) As for new projects receiving annual funds, the duration of approval of the investment project must precede the date of assignment of the detailed budget for implementation of the project.

Article 17. Selection of contractors executing construction contracts as part of small-scale and/or uncomplicated-technique construction projects

1. The approach to selection of contractors executing construction contracts as part of small-scale and/or uncomplicated-technique construction projects that is approved according to the contractor selection plan shall be the public participation in the contractor selection process.

2. Principles of selection of contractors participating in the contracts in which public involvement is required

a) Local community, mass organizations and groups of construction workers must be residents of the commune where the project is located; those who have professional experience and technical qualification in terms of implementation of small-sized and uncomplicated construction contracts.

b) Where there is none of local community, mass organizations and groups of construction workers at the commune qualified for implementation of the contract; or selection thereof is failed, the commune-level People’s Committee may extend its choice to the district.

c) Where there is none of local community, mass organizations and groups of construction workers at the district qualified for implementation of the contract; or selection thereof is failed, the commune-level People’s Committee may appoint a cooperative to execute the contract.

3. Legal status of local cooperatives, community, mass organizations, groups of construction workers executing the contracts

a) Representatives of local community, mass organizations or groups of construction workers must have full capacity to perform civil acts as per law; are not criminally prosecuted; are appointed by local community, mass organizations or groups of construction workers to act on their behalf to conclude the contract.

b) Cooperatives participating in execution of the contract must have their main offices at communes or districts where the projects are located, preferably those cooperatives whose main offices are located at the communes where the projects are located; have dossiers proving capacity and experience of execution of similar projects; and make commitment to hiring direct builders that are residents of the communes where the projects are located.

4. Contractor selection procedures:

a) The commune-level Project Management Board drafts the contract, including requirements concerning the scope and items of work that need to be done, quality, expected progress, contract price, rights and obligations of involved parties.

b) The commune-level Project Management Board publicly posts the notice (within at least 3 working days) regarding the invitation for bid for implementation of the contract at the office of the commune-level People's Committee and by means of communication at the commune or other community gathering places. The notice should clarify the time of meeting in which plans for implementation of the contract are discussed.

c) The contractor interested in the investment project receives and studies the draft contract, and then prepares the registration form for implementation of the contract or the project, including: Full name, age, capacity and experience corresponding to the characteristics of the contract, of members participating in implementation of the contract; awarding price and project implementation timeline.

d) The commune-level Project Management Board considers and assesses the candidates; selects the best contractor; invites the representative to enter into the negotiation prior to conclusion of the contract, preferably cooperatives, mass organizations, groups of construction workers hiring the workforce that are residents living in poor households, near poor households, households newly escaping from poverty or ethnic people.

dd) The maximum period from the date of public notice of invitation for bid for implementation of the contract to the date of conclusion of the contract shall be 15 days.

5. Where the local community directly benefiting from the project is qualified for management and execution of the uncomplicated-technique construction project in which total investment is less than 500 million dong, the commune-level People's Committee may apply the mechanism for assigning local community to autonomously implement the project according to the support norm set out by the provincial People's Committee.

Article 18. Organization and management of construction, acceptance testing of construction work, payment and settlement of funds for implementation of construction projects

1. Construction organization

a) Based on the decision on approval of investment project, results of selection of the construction unit and the budget assignment plan, the commune-level Project Management Board proceeds to enter into the contract with the representative of the local community, organization or group of construction workers awarded the contract in order for such contract to be executed.

b) Where the mechanism prescribed in clause 5 of Article 17 herein is applied, based on the decision to approve the investment project, the commune-level Project Management Board signs the contract with the Village Development Board to execute the contract.

2. Construction quality management and supervision

a) Commune-level People’s Committee carries out the management of quality, progress, quantities, occupational safety and environment, and construction costs according to the dedicated mechanism.

b) The commune-level Project Management Board and Supervision Board of the local community living in the commune are responsible for superintending the construction process.

c) Procedures and processes for construction quality management shall follow the instructions of the Ministry of Construction.

3. Acceptance testing of construction work, payment and settlement of construction costs

a) The commune-level Project Management Board conducting the acceptance testing of construction work shall be composed of the followings: Representative of the commune-level People’s Committee, Supervision Board of the local community of the commune; representative of the local community, mass organization, group of construction workers or cooperative; other participants subject to the decision of the commune-level People’s Committee.

b) Procedures and processes for payment and settlement of costs of projects or construction works eligible for the dedicated mechanism shall be subject to the instructions of the Ministry of Finance.

4. Costs of preferential treatment towards investment preparation, project management shall be subject to law on investment and construction.

Article 19. Operational management and maintenance of investment projects eligible for the dedicated mechanism

1. Pursuant to the regulations of the provincial People’s Committees, commune-level People’s Committees shall perform the following tasks:

a) Assign the commune-level Project Management Board or the Village Development Board to directly manage operation of construction works; the commune-level Project Management Board to develop the maintenance plan.

b) Decide the maintenance plan and choose the local community, mass organization, group of construction workers or cooperative to carry out the maintenance of construction works.

2. Activities involved in the maintenance of a construction work

a) Quality inspection, maintenance and repair.

b) Replacement of items or equipment without any change in the usability and scale of the construction work.

3. Maintenance procedures, tasks involved and norms of costs of such maintenance shall follow the instructions of the Ministry of Construction.

Chapter V

ORGANIZATIONAL MECHANISM FOR SUPPORT FOR DEVELOPMENT OF PRODUCTION ACTIVITIES UNDER NATIONAL TARGET PROGRAMS

Article 20. Principles of management of support for development of production activities of national target programs

1. State budget grant offered as support for development of production refers to conditional aid; the duration of support shall vary, depending on the manufacturing cycle or the term of investment in a national target program.

2. The mechanism for syndication of funds used as financial support for development of production activities in a national target program shall be implemented according to the regulations of Article 10 herein.

3. Mobilization of loans, funds from enterprises, cooperatives, cooperative alliances, organizations and individuals must be strengthened.

4. Funds of a national target program are preferably used as support for implementation of projects and plans for development of production according to the value chains; projects and models in poor districts; extremely underprivileged communes at coastal areas and islands; communes and villages facing extreme difficulties in ethnic minority and mountainous areas.

5. Projects and models providing support for production must ensure that at least 50% of participating residents are beneficiaries of financial support of national target programs, preferably those with more than 70% of participating residents who are people living in poor households, near poor households, households newly escaping from poverty, ethnic minority households, persons rendering meritorious service to the revolution, and women living in poor households, that will be funded more.

6. Payment and settlement of state budget funds used for providing financial support for development of production activities shall be based on results of acceptance testing of completed quantities in each year or stage.

Article 21. Support for development of value chain-linked production

1. Conditions for support for development of value chain-linked production

a) Data on the employment index, the rate of income raise and contribution to the local socio-economic development compared to the annual plan and the deadline for completion of the project must be shown in the linkage project and plan.

b) Affiliation lead unit and affiliates must have the contract or the memorandum of understanding on cooperation in terms of professional training, engineering assistance, provision of input materials and services, production organization, harvesting, preliminary treatment, processing, procurement and consumption of products.

c) The rate of involvement of the target population of national target programs shall be subject to the regulations laid down in clause 5 of Article 20 herein and those imposed by local regulatory authorities having appropriate jurisdiction.

2. The sample dossier on proposal for the linkage or affiliated project or plan for production and consumption of agricultural products shall be subject to the Government’s regulations on incentive policies for development of cooperation and affiliation in production and consumption of farm products.

The sample dossier on proposal for the linkage or affiliated plan or project in other industries and sectors and the conduit for dossiers of such kind shall be subject to the instructions provided by the program managing body.

3. Selection of the linkage or affiliation plan or project

a) The affiliation lead unit prepares the dossier on proposal for implementation of the project or plan on recommendation about support for development of value chain-linked production. The contents of each proposal dossier should clarify the following information: Capacity of the affiliation lead unit; the plan and scheme for production, business and consumption of products and provision of services; the detailed cost estimate of the plan year; key output indicators associated with project implementation timelines; the notarized copy of the contract, or the memorandum of understanding signed between the affiliation lead unit and the affiliate; other contents (if any) as prescribed by the program managing body.

b) The program managing body shall, within their competence, set up the Review Committee for linkage or affiliation projects and plans, agencies, units or departments working as assistants to the Committee.

The Committee shall be composed of the followings: The Committee's Chairperson that must be one of the leadership of a ministry, central authority, provincial People’s Committee; one of the leadership of a subordinate of a ministry, central authority; the leadership of sectoral regulatory affiliates under the delegated authority; the Committee’s members who are the leadership of People’s Committees of the districts where linkage or affiliation plans or projects are sited; representatives of regulatory authorities in the investment, financial fields, professional industries and sectors, and independent professionals or others (where required).

The review should give clear explanations about conformance to the requirements prescribed in clause 1 of this Article and the necessity of the linkage or affiliation plan or project.

c) Based on the review opinions, the Minister, the Head of the central authority shall issue their decision or authorize the Head of the agency or unit directly subordinate to the ministry or central authority to issue decision on approval of the linkage or affiliated plan or project; the President of the provincial People's Committee shall be vested with authority to issue his/her decision or authorize the Chairperson of the district-level People’s Committee to do so. The head of the local authority directly affiliated to the provincial People's Committee shall be authorized to issue decision on approval of the linkage or affiliated plan or project.

d) The decision on approval of the linkage or affiliated plan or project should contain the followings: Project or plan title; implementation period; location; total budget, structure of funds (e.g. state budget funds, funds of linkage lead units, contributions of affiliates, soft loans, funds mixed or pooled from various financial support policies); description and amounts of state budget funding; expected outcomes measured at the end of the budgetary year and till the time of completion; eligible participants; disciplinary actions and mechanism for recovery of state budget grants that must be described in case where the affiliation lead unit violates its commitments and other relevant requirements (if any).

4. Financial support tasks to be performed by using state budget grants for funding national target programs under the guidance of program managing bodies shall be in line with specific national target programs. The following details of support offered to affiliates must be preferred:

a) Training in production techniques; management skills; improvement of capacity for contract, value chain management and market development.

b) Transfer and application of new scientific and technological advances; application of the technical process for production and management of quality in sync with value chains.

c) Supplies and equipment intended for production and supply of services, plant and livestock varieties.

d) Advertising and trade promotion of goods and services.

5. Amounts and methods of provision of state budget grants approved by competent regulatory authorities for implementation of national target programs

a) The maximum grant is not greater than 80% of total cost per a linkage or affiliation project or plan in an extremely underprivileged area; not greater than 70% in an underprivileged area; not greater than 50% in another area within the reach of investment of national target programs. The particular amount of grant per a project shall be subject to the program managing body’s instructions.

b) The state budget grants for implementation of linkage or affiliation plans or projects shall be offered through affiliation lead units.

6. Transferees of funds for supporting production development shall sign contracts with affiliation lead units to implement affiliation or linkage projects or plans; supervise, settle and disburse funds based on the results of acceptance testing in specific stages of completed items and activities involved in affiliation or linkage plans and projects according to the schedule decided by competent authorities.

Article 22. Support for development of community-based production

1. Conditions for offering support to community-based production plans or projects

a) Ensure that the rate of involvement of the target population of national target programs conforms to the regulations laid down in clause 5 of Article 20 herein and those imposed by local regulatory authorities having appropriate jurisdiction.

b) The local community proposing a production development project refers to a group of households certified by the commune-level People’s Committee; an artel set up voluntarily as per law; a group of households represented by socio-political organizations; a group of households represented by Village Development Boards or a group of households represented by renowned ethnics in mountainous areas.

c) Community group must be composed of members who are successful in business.

d) Households participating in a project must meet conditions regarding facilities, labor and means of production that are commensurate with items of a project and must commit to providing the sufficient amount of counterpart fund for implementation of the project.

2. Sample dossiers, procedures, processes and items of the review of dossiers on proposal for production projects or plans shall be subject to the instructions provided by program managing bodies.

3. Selection of community-based production plans or projects

a) The local community shall formulate the dossier on proposal for the production plan or project. Each dossier should contain the followings: Minutes of the meeting with residents; plan for production, business and consumption of products; total project cost, proposed amounts of state budget grants, contributions of members of the community group; project outcomes; forms of circulation, rotary use, management of physical objects or cash circulated in the community (if any); supervisory responsibilities of commune-level People’s Committee towards management of physical objects or circulated cash; demands for professional training and engineering drills; others (if any) in accordance with regulations of local regulatory authorities.

b) The district-level People’s Committee shall set up the Commission for review of dossiers on proposal for production plans and projects, and decide on the units or divisions working as assistants to the Commission. The Commission shall be composed of the followings: The Commission’s Chief who is one of the leadership of the district-level People’s Committee; members who are holding the executive posts in the People’s Committee of the commune where the community-based production plan or project is sited; participants who are the leadership of functional divisions of the district-level People's Committee; professionals or persons acquiring professional qualification and experience related to support for production development that are nominated by the community (if any).

c) Based on the review opinions, the Chairperson of the district-level People’s Committee shall issue the decision or authorize the Chairperson of the commune-level People’s Committee, the Head of the agency or unit directly subordinate to the district-level People’s Committee to issue decision on approval of the production development plan or project proposed by the community.

d) The decision on approval of the plan or project for support for production development must contain the followings: Plan or project title; implementation period; location; eligible participants; activities involved; estimated budget; funding sources (e.g. state budget grants, soft loans, mixed/syndicated loans from different financial support policies and counterpart funds of participating households (if any)); types and amounts of revolving funds (if any); anticipated efficiency, expected outcomes; responsibilities of specific presiding and cooperating bodies; sanctions to be imposed in case of violation against commitments (if any).

4. Financial support tasks to be performed by using state budget grants for funding for implementation of national target programs under the guidance of program managing bodies shall be in line with specific national target programs. The followings are preferred:

a) On-demand engineering training for members of the community group, training in improvement of capacity for management and operation of the community group.

b) Supplies and equipment intended for production and supply of services, plant and livestock varieties.

c) Advertising and trade promotion of goods and services; tracing of product origin and product labelling.

5. Amounts and methods of provision of state budget grants approved by competent regulatory authorities for implementation of national target programs

a) The maximum grant is not greater than 95% of total cost per a project located in an extremely underprivileged area; not greater than 80% in an underprivileged area; not greater than 60% in another area within the reach of investment of national target programs. The particular amount of grant per a project shall be subject to the program managing body’s instructions.

b) State budget grants used for funding the production plans or projects shall be offered through the representatives that the community nominates.

6. Transferees of funds for supporting production development shall sign contracts with representatives of the community group; provide instructions on how to supervise, settle and disburse funds based on the results of acceptance testing in specific stages of completed items and activities involved in production plans or projects according to the schedule decided by competent authorities.

7. Part of grants in cash or in kind may revolve for circulation thereof in the community according to specific plans or projects for support for community-based production development approved by competent authorities.

a) The community shall, at their discretion, manage and take charge of revolving and circulating funds internally. Where the community is not competent to manage funds, transferees of grants used for funding production development shall appoint their personnel to assist the community in managing and taking charge of fund revolving and circulation.

b) Transferees of estimated budgets for implementation of plans or projects shall keep the final accounts of the actual and recorded amounts of state budget expenditures on support for community-based production development in specific projects in accordance with the Law on State Budget.

c) The provincial People’s Committees shall impose regulations on the rates of revolving funds and procedures for circulation of funds, procedures for monitoring and supervision of transferees of funds for support for development of production, and others relating to management of fund circulation within the community.

d) Upon completion of the project, if any participant in the project has no demand for fund in cash or in kind for fund revolving, circulating, re-investment or production expansion purposes, transferees of grants for funding production development shall make decisions on recovery of funds in cash or proceeds from closeout of physical objects to withdraw funds and remit them into the deposit accounts that they open at the State Treasury for use as support for implementation of new plans or projects approved by competent authorities (if any) or into the state budget in accordance with regulations in force.

Article 23. Support for development of task-based production

1. Financial support for development of task-based production shall be given in the following circumstances:

a) After examining the possibility of applying the support approaches specified in Article 21 and 22, such financial support is given when there is none of involvement of enterprises, cooperatives, other organizations, or funding proposals for funding submitted by the local community; to resident support projects seriously damaged by natural disaster, diseases, climate change or environmental pollution; to the projects or models intended for vulnerable persons; for production associated with strengthening of national defence and security and gender equality; to the models of application of new production technologies and techniques.

b) At least 70% of state budget grants need to be used for supporting production activities directly relating to the population’s production activities.

2. Processes, procedures and requirements of financial support for task-based production shall be subject to the Government’s regulations on task assignment, commissioning, order placement and tendering for provision of public products and services funded by the state budget's regular expenditures.

3. Amounts and methods of provision of state budget grants used for funding national target programs

a) The maximum amount of grants used for funding one (01) project shall be 03 billion dong. Suppliers, households and community participating in projects are advised to make counterpart contributions (in cash, working days or in kind).

b) The state budget grants are offered through assignees and suppliers.

4. Offerors or assignors sign supply contracts with suppliers or task assignment decisions towards assignees; provide instructions on how to supervise, settle and disburse funds based on the results of acceptance testing in specific stages of completed items and activities involved according to the schedule approved by competent authorities.

Article 24. Support for development of purpose-made production

1. Financial support for development of purpose-made production shall be given in the following circumstances:

a) Such financial support is given to the new production development projects and models to be piloted to carry out scientific researches and production innovation before widespread use; the projects or models of production development aligned with economic development and maintenance of national defence, security, environmental protection and adaptation to climate change.

b) Such financial support is given to the projects and models of development of production that are not fitted to support approaches stipulated in Article 21, 22 and 23 herein.

2. Ministries and central authorities assigned the budget for support for production shall formulate and approve projects and models aligned with objectives, tasks and requirements of component projects according to decisions on approval of investment in national target programs.

3. The state budget shall provide adequate funding for implementation of projects and models aligned with the objectives and tasks specified in the Prime Minister's decision on approval of investment in national target programs. Ministries and central authorities shall implement the projects and models, and disburse funds based on results of acceptance testing of the projects and models according to the approved objectives and tasks.

Chapter VI

ORGANIZATION OF MANAGEMENT OF NATIONAL TARGET PROGRAMS

Article 25. Organization of management of national target programs at the central level

1. The Ministry of Planning and Investment shall play the leading and general role in state management of national target programs.

2. Program owners and component project owners shall take charge of programs and component projects under the Prime Minister's decisions.

3. The central Steering Committee for national target programs are established and operated under the decision of competent authority, ensuring conciseness, efficiency and avoiding any personnel increase.

Article 26. Organization of management and governance of national target programs at the local level

1. Provincial People’s Committees shall take control of national target programs under their jurisdiction.

2. The Steering Committees for national target programs at local levels are established and operated under the decision of competent authority, ensuring conciseness, efficiency and avoiding any personnel increase.

3. Project Management Boards of communes, wards, towns (collectively called commune-level Management Boards) are set up for implementation of national target programs located within communes. The Committee’s Chief must be the Chairperson of a commune-level People’s Committee; members are composed of the followings: Officers of commune-level regulatory authorities in charge of the cadastral – agriculture – construction and environment, finance – accounting fields; representatives of socio-political associations and local communities.

4. Boards for development of villages, hamlets, residential areas, residential quarters and equivalent (collectively referred to as Village Development Board) shall be elected by local communities and operated under the agreed-upon rules and regulations, and granted recognition by commune-level People's Committees. Each Village Development Board must have at least a member who has good reputation and experience in carrying out contracts for execution of small-scale and uncomplicated-technique construction works.

Article 27. Enhancement of capacity for organization of management and implementation of national target programs

1. Requirements concerning enhancement of capacity for organization of management and implementation of national target programs

a) Boost up decentralization and delegation of authority; clearly assign duties to carry out tasks and activities involved in national target programs in order to improve the capacity for management and organization of implementation of public personnel and employees at all levels; increase the capacity for self-implementation of the local community.

b) Integrate such requirements to be complied with into the task of organization of implementation of capacity building activities towards public personnel, employees and local communities at the grassroots level.

c) Design training courses on enhancement of the capacity for management and implementation of national target programs to ensure that these training courses are in line with cultural values, traditional customs and practices of specific ethnicities, regions and closely connected with the enhancement of skills in organization of implementation and outcome-based assessment.

2. Activities of enhancement of capacity for organization of management and implementation of national target programs

a) Undertake the implementation and supervision of conformance to regulations on assignment, decentralization, delegation of authority in the process of planning and management of investments according to the dedicated mechanism, and provision of support for development of production under this Decree.

b) Design training curricula, syllabi and training materials; provide training and coaching courses or drills for public personnel and employees directly managing and taking control of implementation of national target programs.

c) Organize training and mentoring courses for local community on management and engineering professional knowledge about implementation of activities involved in national target programs, and skills at supervision of local community towards national target programs.

Article 28. Communication and building of public awareness of national target programs

1. Requirements concerning communication and building of public awareness of national target programs

a) Design communication and public awareness building campaigns towards national target programs to ensure that they must suit cultural values, traditional customs and practices, and competency and demands for information about these national target programs by specific local target audiences.

b) Diversify modes of communication and public awareness building; preferably, those involving grassroots-level local communities.

c) Integrate communication and building of public awareness of national target programs to ensure cost efficiency, effectiveness and avoid overlapping situation that may occur, as well as waste.

2. Activities involved in the communication and building of public awareness of national target programs

a) Plan and design activities of communication and building of public awareness of national target programs.

b) Communicate and raise public awareness of regulatory provisions and guides or manuals concerning national target programs.

c) Communicate and raise public awareness of good practices, examples, typical characters, achievements, issues or problems arising in the course of management and implementation of national target programs.

d) Hold dialogues about regulatory policies for implementation of national target programs.

dd) Organize press and media competitions related to national target programs.

3. Forms of communication and building of public awareness

a) Release journals, media publications, digital products and carry out other manners of propaganda (if any).

b) Hold other public meet-ups or gatherings.

c) Carry out communication and building of public awareness with the help of persons having good reputation and typical farmers.

Article 29. Public disclosure of information about national target programs

1. Program owners, component project owners, program managing bodies and their directly subordinate or affiliated agencies or units shall make information about national target programs available for public use within the range of their respective functions and duties.

2. Information about national target programs that need to be publicly announced shall include the followings:

a) Regulatory and organizational documents for implementation of the national target program; decisions on investment in national target programs that are issued over time; allocation criteria and norms of funds for implementation of national target programs.

b) Five-year and annual plans for implementation of national target programs at specific level of jurisdiction; list of investment projects by localities; updated progress in mobilization of resources and other funding sources.

c) Performance reports on implementation of national target programs; legally-required financial statements (e.g. final accounts of funds, completed quantities and fund disbursements for implementation of investment projects).

d) Findings obtained from the inspection process, results achieved from taking actions against violations, acts of misconduct or corruption that office holders or personnel taking part in management, administration and implementation of national target programs may commit.

dd) Public feedback or comments, and results achieved from dealing with public feedback and comments.

3. Form and duration of public disclosure of information about national target programs shall be subject to law on information access.

Chapter VII

SUPERVISION AND ASSESSMENT OF NATIONAL TARGET PROGRAMS

Article 30. Supervision of national target programs

1. Responsibilities, processes, procedures and formalities for supervision of national target programs shall be subject to the regulations laid down in Article 71 in the Law on Public Investment and the Government’s regulations on supervision and evaluation of investments.

2. Scope of the program owner’s supervision

a) Administrative management of implementation of national target programs: Formulate regulatory and organizational documents on implementation of national target programs; five-year and annual plans for implementation of national target programs; implement and revise plans for implementation of national target programs; communicate and enhance the capacity for management of programs and component projects.

b) In-process management of implementation of national target programs: Supervise the progress, development, degree of fulfilment and results of performance with respect to established objectives and tasks; quantities of items and activities involved in national target programs that are completed or in progress.

c) In-process management of implementation of budgets for investment and state budget estimates: Supervising the mobilization and utilization of funds for implementation of programs and component projects; how state budget funds are used for implementation of investment projects; jobs and activities involved in programs or component projects (e.g. disbursement, payment, settlement, arrears of capital construction funds (if any)).

d) Management of capacity for implementation, compliance with regulations on management of programs, management of investments, actions against violations detected by competent authorities (if any) of owners of component projects and program managing bodies.

dd) Management of compliance with regulations on supervision and assessment of programs of owners of component projects and program managing bodies.

e) Reporting of performance with respect to implementation of programs, results of handling of issues and problems under respective jurisdiction and proposal for plans for mitigation of difficulties, issues and problems ultra vires.

3. Scope of the component project owner’s supervision

a) Management of formulation of guides or manuals for implementation of component projects under their jurisdiction; communication, enhancement of the management capacity, implementation of tasks and activities involved in component projects.

b) Management of fulfilment of objectives, duties, and implementation of tasks and activities involved in component projects.

c) Management of compliance with regulations on management of investment, management of state budget funds, capacity for management of component projects, actions against violations detected by competent authorities (if any) of program managing bodies.

d) General management of implementation of component projects; formulation, evaluation, approval and implementation of investment projects; implementation of state budget estimates and disbursement results; issues and problems that may arise and assessment of how they are resolved.

dd) Reporting of performance with respect to implementation of component projects; results of handling of issues and problems under respective jurisdiction and proposal for plans for mitigation of difficulties, issues and problems ultra vires.

4. Scope of the supervision by program managing bodies and persons having competence in making decisions on investment in national target programs shall be subject to the regulations laid down in Article 71 in the Law on Public Investment and the Government’s regulations on supervision and evaluation of investments.

5. Scope of the supervision by state regulatory authorities in charge of public investment affairs

a) Management of compliance with the reporting regime for supervision and assessment of program owners, component project owners and program managing bodies in accordance with regulations.

b) General management of performance with respect to implementation of national target programs: the progress in fulfilment of objectives by specific programs; implementation of budgets for implementation of national target programs (e.g. investment, public service funds), disbursement of funds; issues and problems likely to arise and assessment of whether these issues and problems are successfully handled.

c) Management of compliance with regulations on management and organization of implementation, formulation, assessment and approval of investment projects under programs by owners of programs, component projects, managing bodies, agencies and units directly executing programs at all levels.

d) Management of imposition of enforcement and execution of sanctions against discovered issues of concerned agencies and units.

dd) Reporting of and proposed plan for actions against problems or issues falling outside competence.

6. Costs of supervision of national target programs by program owners, component project owners, managing bodies and state regulatory authorities in charge of public investment shall be covered by annual public service budgets used for funding national target programs.

Article 31. Scope of evaluation of national target programs

1. Responsibilities, processes, procedures and formalities for evaluation of national target programs shall be subject to the regulations laid down in Article 72 of the Law on Public Investment and the Government’s regulations on investment supervision and evaluation.

2. Scope of annual evaluation

a) Management of programs in the program implementation year, including evaluation of formulated policies on management and organization of implementation of programs; coordination and cooperation in management and organization of implementation of programs; communication, monitoring, supervision and evaluation of programs; compliance with supervision practices of publicly-elected bodies.

b) Mobilization, allocation and utilization of funds.

c) Level of attainment of goals 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) Guidelines and solutions for implementation of programs in the following years.

3. Scope of in-process evaluation

a) Management of programs, including evaluation of formulated policies on management and organization of implementation of programs; coordination and cooperation in management and organization of implementation of programs; communication, monitoring, supervision and evaluation of programs; compliance with supervision practices of publicly-elected bodies.

b) Mobilization, allocation and utilization of funds.

c) Attainment of goals and targets, including evaluation of achieved outcomes compared to expected outcomes approved by competent authorities; level of fulfillment of goals and objectives of programs by the evaluation date compared to the expected level stated in five-year plans.

d) Issues and problems likely to arise and causes.

dd) Recommendations about solutions for implementation of programs over a period from the evaluation date to the ending year of the five-year period, including recommendations about revision of programs (if any).

4. Scope of upon-completion and impact evaluation

a) Program management, including evaluation of formulated policies on management and organization of implementation of programs; governance and cooperation in management and organization of implementation of programs; communication, monitoring, supervision and evaluation of programs; compliance with supervision practices of publicly-elected bodies.

b) Mobilization, allocation and utilization of funds.

c) Attainment of specific goals, targets and objectives of programs compared to the expected ones approved by competent authorities.

d) Impacts and effects of investment in programs on socio-economic development; sustainability of programs; gender equality; environmental, biological impacts of programs (if any).

dd) Lesson learned after completion 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).

5. Scope of ad-hoc evaluation

a) Those stated in clause 1 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.

6. Costs of evaluation of national target programs by program owners, component project owners, managing bodies and state regulatory authorities in charge of public investment that are covered by annual public service budgets used for funding national target programs.

Article 32. Establishment of indicators, forms and system for supervision and evaluation of national target programs

1. Establishment of indicators and forms for use in supervision and evaluation of national target programs

a) Indicators and forms for use in supervision and evaluation of national target programs, including: Input, output targets and assessment indicators of implementation and results of implementation and evaluation of impacts; forms designed for collection of information.

b) Program owners shall create indicators and forms used for supervision and evaluation of national target programs within the maximum period of 60 days of receipt of the Prime Minister's decision on approval of investment in programs.

c) Component project owners shall create indicators and forms used for supervision and evaluation of component projects, and cooperate with program owners on indicators jointly used for evaluation of national target programs.

2. Establishment of the system for supervision and evaluation of national target programs (hereinafter referred to system)

a) The system shall be set up at the Ministry of Planning and Investment on the basis of data networking between the national information system and database and other systems for management of national target programs with the aim of acquiring, integrating and storing updated information necessary for supervision and evaluation of national target progams nationwide.

b) The Ministry of Planning and Investment shall develop standards for networking data with servers of program owners; synthesize data and carry out reporting of the progress in implementation of national target programs on the system; manage the system operation.

c) Program owners shall set up the system for management of national target programs by assigned tasks, and integration of data into the system’s database.

d) Component project owners shall provide updated information on the systems for management of national target programs of program owners.

dd) Managing bodies shall instruct their specialized affiliates to input data on indicators and forms used for supervision and evaluation of national target programs in accordance with the Prime Minister’s regulations.

3. Reporting of supervision and evaluation of national target programs

a) The Ministry of Planning and Investment shall prepare the Government’s reports for submission to the National Assembly on the in-process, ad-hoc and upon-completion evaluation of implementation of national target programs over the five-year period by the deadline set by competent authorities.

b) Program owners shall complete the Government’s reports for submission to the National Assembly on the progress in implementation of national target programs on an annual basis by October in the implementation years; the in-process, ad-hoc and final review reports on implementation of national target programs over the 5-year period by the deadline set by competent authorities.

c) Component project owners shall cooperate with program owners in completing annual review reports on implementation of component projects; in-process, ad-hoc and upon-completion evaluation reports on implementation of component projects over the five-year period.

d) Managing bodies in charge of national target programs shall complete annual review reports on the progress in implementation of national target programs; in-process, stage-specific, ad-hoc and upon-completion review reports on implementation of national target programs over the 5-year period by the deadline set by competent authorities.

dd) All-level agencies and units directly implementing national target programs shall complete review reports on the progress in implementation of national target programs under the guidance of program managing bodies.

e) Supervision and evaluation reports shall be made on the System. Where there is any conflict between physical data and electronic data, the electronic data available on the system shall serve as a basis to compile general reports.

4. When using electronic data available on the system, requirements concerning management and implementation of national target programs, and requirements for compliance of management and digitalization of information necessary for provision, analysis and completion of reports and sharing of information with regulatory provisions regarding sharing of digital data and cybersecurity, must be observed.

5. Expenses paid for setting up, upgrading, managing the operation, preparation and posting of updated reports on the System and other systems for management of national target programs shall be covered by annual budgets for supervision and evaluation of national target programs on condition that they do not exceed 10% of permissible total cost of management of programs and projects.

Article 33. Public supervision of national target programs

1. For national target programs subjected to public supervision, Fatherland Front Committees of Vietnam at all levels shall take control of public supervision of national target programs.

2. Scope of public supervision

a) Compliance with regulatory provisions regarding management, governance and implementation of national target programs; regulatory provisions concerning management and utilization of investment funds and state budget management.

b) Investment projects of national target programs.

c) Plan formulation and implementation of plans, progress in implementation of tasks and activities of specific national target programs.

d) Public disclosure and transparency in the process of management of public investment and state budget in accordance with Article 14 in the Law on Public Investment, and Article 15 in the Law on State Budget.

d) Discovery of acts that may harm public benefits and interests; negative impacts of projects on the living environment of the public; acts that inflict any loss and waste of capital and assets of programs.

e) Public surveys on commencement and implementation of specific national target programs.

3. Procedures, processes and regimes for public supervision shall be subject to the regulations of the Law on Public Investment and the Government’s regulations on supervision and assessment of investment.

4. Costs of public supervision of national target programs shall be subject to the Government’s regulations on costs and expenses of investment supervision and evaluation.

Chapter VIII

IMPLEMENTATION

Article 34. Responsibilities of the Ministry of Planning and Investment

1. Request issuance of general regulations on management of national target programs and instructions for implementation thereof under its jurisdiction; give instructions about management and utilization of investment funds for implementation of national target programs.

2. Submit proposal for provision of the central budget’s capital development funds for implementation of specific national target programs on a five-year and annual basis.

3. Finalize the plan for distribution of the central budget’s capital development funds; finalize and seek competent authorities’ consent to objectives, requirements and plans for apportionment and assignment of the central budget grants for implementation of national target programs for the 5-year period or each year.

4. Formulate and seek the Prime Minister’s approval of issuance of regulations on principles of formulation of the set of indicators, forms and cooperation regulations, responsibilities for collection, storage and implementation of the reporting regime in the supervision and evaluation of national target programs.

5. Set up the System for supervision and evaluation of national target programs as per Article 32 herein.

6. Carry out the supervision of national target programs as per Article 30 herein.

7. Complete reports on supervision and evaluation of national target programs as per Article 32 herein.

Article 35. Responsibilities of the Ministry of Finance

1. Provide instructions about management and utilization of public service funds for implementation of items, activities and projects involved in accordance with competent authorities’ decision and regulations laid down herein.

2. Make proposal to provide the central budget's public service funds for implementation of specific national target programs during the 5-year period or each year; finalize the plan for distribution of the central budget's public service funds for implementation of specific national target programs during the 5-year period or each year.

3. Carry out the periodic and ad-hoc inspection of how funds of national target programs are used by program managing bodies or their affiliates are utilized; monitor, finalize and report to the Government on results of disbursement of the state budget funds for implementation of national target programs under its jurisdiction.

Article 36. Responsibilities of program owners

1. Formulate and seek the Prime Minister’s approval decisions on allocation principles, criteria, norms and amounts of central budget funds for specific activities of a national target program; percents of the local budget’s counterpart funding for participation in implementation of national target programs.

2. Issue, under their jurisdiction, or formulate and seek competent authorities' approval of regulations and instructions about organization of implementation of national target programs.

3. Formulate indicators and forms used for supervision and evaluation of national target programs as provided in Article 32 within the maximum period of 60 working days of receipt of the competent authority’s investment decision.

4. Formulate and complete the System for management of national target programs as per Article 32 herein; establish the data networking relationship with the System under the instructions of the Ministry of Planning and Investment.

5. Carry out the supervision of national target programs as per Article 30 herein.

6. Complete reports on supervision and evaluation of national target programs as per Article 32 herein.

Article 37. Responsibilities of component project owners

1. Formulate the plans for implementation of component projects for the period of 5 year and each year for submission to program owners in accordance with Article 5 and 7 herein.

2. Issue, under their jurisdiction, or formulate and seek competent authorities' approval of professional regulations and instructions on implementation of component projects.

3. Cooperate with program owners in determining indicators and forms used for supervision and evaluation of component projects under Article 32 herein; push towards, monitor and inspect provision of updated indicators and forms used for supervision and evaluation of component projects as per Article 32 herein.

4. Carry out the supervision of component projects as per Article 30 herein.

5. Complete reports on supervision and evaluation of national target programs as per Article 32 herein.

Article 38. Responsibilities of the Ministry of Construction

The Ministry of Construction shall provide instructions about procedures and processes for management of quality of construction works, details and norms of costs of maintenance of construction works developed according to the dedicated mechanism prescribed in Article 19 herein.

Article 39. Responsibilities of Ministries and central authorities acting as program managing bodies

1. Formulate the operational plans, propose funding demands for the period of 5 years and each year for submission to program owners or component project owners in accordance with Article 5 and 7 herein.

2. Issue, under their jurisdiction, or formulate and seek competent authorities' approval of scope of and procedures for provision of production development support under regulations laid down in Article 23 and 24 herein.

3. Carry out the supervision of national target programs as per Article 30 herein.

4. Complete reports on supervision and evaluation of national target programs as per Article 32 herein.

Article 40. Responsibilities of provincial People’s Committees

1. Propose and seek the approval decision of the provincial People’s Councils of:

a) Amounts of the local budget’s counterpart funding; allocation principles, criteria and norms of the state budget’s funds for implementation of national target programs at the local level.

b) Mechanism for syndication or pooling of funds between national target programs; between national target programs and other programs or projects within a local jurisdiction as per Article 10 herein.

c) Mechanism for mobilization of different resources as per Article 11 and 12 herein.

d) Scope of grants, sample dossiers, procedures and processes for selection of projects, plans and schemes for production, selection of order-placing units for implementation of activities aimed for assisting in production development as per Article 21, 22 and 23 herein.

2. Set out regulations on decentralization of authority over management and implementation of national target programs located within local jurisdictions as per regulations of this Decree.

3. Formulate, approve and assign the plans for implementation of national target programs for the five-year period as provided in Article 6 herein; formulate and assign the plans for implementation of national target programs each year in accordance with Article 7 herein.

4. Promulgate regulations regarding organization of management of investment according to the dedicated mechanism prescribed in Chapter IV herein:

a) Formulate and request Ministries, central authorities in charge of sectors and industries and issue the list of projects eligible for the dedicated mechanism prescribed in Article 14 herein; decide or authorize district-level People’s Committees and specialized affiliates of provincial People's Committees to decide designs and prototypical designs as well as apply available designs for the projects specified in Article 14 herein.

b) Make decision on amounts of financial aid for investment arrangements and project management.

c) Regulate the management, payment and settlement of the state budget’s investment funds that the public is assigned for self-implementation of construction works according to prescribed norms of financial aid (e.g. in kind or in cash).

d) Regulate the management and operation of construction works; regulate maintenance and norms of costs of maintenance of construction works.

5. Impose regulations on the mechanism for provision of partially revolving funds in cash or in kind for circulation in the public as per clause 6 of Article 22 herein.

6. Give instructions to carry out, organize the supervision and evaluation of national target programs located within local jurisdictions as per Article 30 herein.

7. Complete reports on supervision and evaluation of national target programs as per Article 32 herein.

Article 41. Entry into force

1. This Decree shall enter into force as from the signature date.

2. The Prime Minister's Decision No. 41/2016/QD-TTg dated October 10, 2016, promulgating the mechanism for management and governance of implementation of national target programs; the Government’s Decree No. 161/2016/ND-CP dated December 2, 2016, regulating the dedicated mechanism in the management of investment in several projects belonged to national target programs over the period of 2016 - 2020.

3. Regulations laid down in Chapter IV and V herein shall apply in the management and organization of implementation of specific national target programs according to the time frame approved by the National Assembly.

4. The dedicated mechanism specified in Chapter IV herein shall not be applied to investment and construction projects on power supply and distribution grids.

5. Other activities related to the state management of public investment, state budget, management of investment and construction projects and those not regulated herein shall be subject to respective regulations of specialized legislation.

Article 42. Implementation responsibilities

Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of provinces and centrally-affiliated cities and other organizations and individuals involved, shall be responsible for implementing this Decree.

Bài viết liên quan