Chương VIII: Tổ chức thực hiện

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.