Chương VII Nghị định 27/2022/NĐ-CP quy định về cơ chế quản lý, tổ chức thực hiện các chương trình mục tiêu quốc gia: Giám sát, đánh giá chương trình mục tiêu quốc gia

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.