Chapter II
FORMULATION OF FIVE-YEAR FINANCE PLANS
Article 5. Formulators of five-year finance plans
1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and related ministries and central agencies in, formulating national five-year finance plans and reporting them to the Government for submission to the National Assembly for consideration and decision.
2. Provincial-level People’s Committees shall direct provincial-level Finance Departments to assume prime responsibility for, and coordinate with provincial-level Planning and Investment Departments and other related local agencies in, formulating provincial-level five-year finance plans and reporting them to provincial-level People’s Councils for consideration and decision.
Article 6. Grounds for formulation of five-year finance plans
1. Grounds for formulation of a national five-year finance plan:
a/ The implementation of the five-year socio-economic development plan and finance plan of the previous period;
b/ Socio-economic development and finance-state budget objectives, targets and orientations set forth in the national strategy and five-year plan on socio-economic development; and strategies on finance, public debts and tax system reform;
c/ Regulations on finance-state budget, including also treaties which the Socialist Republic of Vietnam has signed or acceded to; and orientations for revision of existing regulations and promulgation of new ones in the five-year planning period;
d/ Forecasts about the international and domestic economic and financial situation which might affect the ability to mobilize and the demand for finance-state budget resources in the five-year planning period;
dd/ The Prime Minister’s directions on formulation of five-year socio-economic development plans and five-year finance plans.
2. Grounds for formulation of a provincial-level five-year finance plan:
a/ The implementation of the local five-year socio-economic development plan and finance plan of the previous period;
b/ Socio-economic development and finance-state budget objectives, targets and orientations set forth in the national strategy and five-year plan on socio-economic development; strategies on finance, public debts and tax system reform; socio-economic development objectives, targets and orientations in the five-year planning period of the locality; and approved socio-economic development master plan of the locality;
c/ Forecasts about the socio-economic situation which might affect the locality’s ability to mobilize and demand for finance-state budget resources in the five-year planning period;
d/ Regulations on finance-state budget, including also mechanisms for assignment of revenue sources and spending tasks between the central budget and local budgets and among local administrations of different levels; and orientations for revision of existing regulations and promulgation of new ones in the five-year planning period;
dd/ Directions of the Prime Minister and provincial-level People’s Committee on formulation of five-year socio-economic development plans and five-year finance plans.
Article 7. Requirements on formulation of five-year finance plans
1. Being conformable with the objectives, tasks and solutions set in the national socioeconomic development strategy; strategies on finance, public debts and tax system reform; and with national and local socio-economic development objectives, targets and orientations in each five-year planning period.
2. Being conformable with forecasts about the socio-economic situation, capacity of balancing state budget revenue sources, raising funds and repaying debts, and requirements on national financial safety limits in each five-year planning period; being conformable with the principles of balancing, management and assignment of state budget revenue sources and spending tasks and principles of public debt management.
3. Prioritizing the allocation of state budget funds for implementation of major guidelines and policies of the Party and State in each period.
4. Ensuring publicity, transparency and effectiveness.
Article 8. Contents of five-year finance plans
1. Contents of a national five-year finance plan:
a / Evaluation of the performance of major objectives, targets and tasks of the national five-year finance plan of the previous period; achievements, shortcomings, limitations, reasons therefor and drawn lessons and experiences;
b/ Determination of overall objectives of the five-year finance plan;
c/ Determination of specific and major finance-state budget objectives, covering state budget revenues and structure of state budget revenues; state budget expenditures and structure of state budget expenditures; state budget deficit; government debts, public debts and national foreign debts; domestic and foreign borrowings; mobilization and distribution of resources, and structure of the state budget in the five-year planning period;
d/ Determination of the state budget balance, covering:
Total state budget revenues (the absolute figure and ratio to gross domestic product - GDP), sector-based structure of state budget revenues; regulatory and managerial solutions to mobilizing state budget revenue sources;
Total state budget expenditures (the absolute figure and ratio to GDP), structure of state budget expenditures categorized by development investment expenditure, national reserve expenditure, current expenditure, interest payment expenditure, expenditure for aid provision and other expenditures; factors affecting state budget expenditures and regulatory and managerial solutions to ensuring a reasonable and sustainable structure of state budget expenditures and improving state budget spending efficiency;
State budget balance: State budget deficit or surplus (the absolute figure and ratio to GDP); total borrowings of the state budget, including borrowings for offsetting of deficit and borrowings for repayment of principal debts of the state budget, and solutions to ensuring safety and sustainability of the state budget;
dd/ Debt management indicators, including debt limits; balance of public debts, government debts and national foreign debts; ratio of debt repayment expenditure to total state budget revenue; total level of debts; and regulatory and managerial solutions to ensuring public debt safety and stability;
e/ Forecasts about risks that might affect the state budget balance and debt management indicators;
f/ Other financial solutions to ensuring the implementation of the national five-year finance plan.
2. Contents of a provincial-level five-year finance plan:
a/ Evaluation of performance of major objectives, targets and tasks set in the local five- year finance plan of the previous period; achievements, shortcomings, limitations, reasons therefor and drawn lessons and experiences;
b/ Determination of the overall objectives of the five-year finance plan;
c/ Determination of specific and major finance-budget objectives of the locality, covering state budget revenues and revenue structure, state budget expenditures and expenditure structure; local budget deficit; debts of the provincial budget; mobilization and distribution of resources and structure of the local budget in the five-year planning period;
d/ Determination the local budget balance, covering:
State budget revenues from local sources and revenues for balancing the local budget, covering total revenues; the figures and structure of state budget revenues categorized by domestic revenue and import and export revenue; factors affecting local budget revenues and regulatory and managerial solutions to ensuring local budget revenue sources;
Local budget expenditures, covering total expenditures, figures and structure of local budget expenditures categorized by development investment expenditure, current expenditure, interest payment expenditure; factors affecting local budget expenditures and regulatory and managerial solutions to ensuring a reasonable and stable expenditure structure and improving the efficiency of local budget spending;
Local budget balance: Local budget deficit or surplus, total borrowings of the local budget, including borrowings for offsetting deficit and borrowings for repayment of principal debts of the local budget; and solutions to ensuring safety and stability of the local budget;
dd/ Local debt management indicators, including limits and balance of debts of local administrations; loan borrowing and debt repayment plans; and regulatory and managerial solutions to ensuring safety and stability of debts of local administrations;
e/ Forecasts about risks that might affect the local budget balance and local debt management indicators;
f/ Other financial solutions to implementing the five-year finance plan.
Article 9. Order of formulation of five-year finance plans
1. Order of formulating national five-year finance plans:
a/ Before March 31 of the fourth year of each five-year finance plan, the Prime Minister shall issue a directive on formulation of the national five-year finance plan for the subsequent period;
b/ Before December 31 of the fourth year of each five-year finance plan, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related ministries and agencies in, anticipating major socio-economic targets for the subsequent five-year period and send them to the Ministry of Finance for use as a basis for formulation of the national five-year finance plan for the subsequent period;
c/ Before June 30 of the fifth year of each five-year finance plan, based on the socio-economic development plan of the subsequent five-year period already submitted to the Government, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and related ministries and agencies in, formulating the national five-year finance plan for the subsequent period and submitting it to the Prime Minister;
d/ Before September 20 of the fifth year of each five-year finance plan, based on the Prime Minister’s opinions, the Ministry of Finance shall finalize the national five-year finance period for the subsequent period and report it to the Government for submission to the Standing Committee and agencies of the National Assembly;
dd/ Before October 20 of the fifth year of each five-year finance plan, based on opinions of the Standing Committee and Committees of the National Assembly, the Ministry of Finance shall finalize the national five-year finance plan for the subsequent period and report it to the Prime Minister for submission to the National Assembly.
2. Order of formulation of provincial-level five-year finance plans:
a/ Before May 15 of the fourth year of each five-year finance plan based on the Prime Minister’s directive on formulation of the five-year finance plan for the subsequent period, provincial-level People’s Committees shall direct provincial-level Finance Departments to assume the prime responsibility for, and coordinate with provincial-level Planning and Investment Departments and related agencies and units in, formulating their local five-year finance plans for the subsequent period;
b/ Before November 30 of the fourth year of each five-year finance plan, provincial- level People’s Committees shall report their local five-year finance plans for the subsequent period to their provincial-level People’s Councils’ Standing Bodies;
c/ Before December 31 of the fourth year of each five-year finance plan, provincial-level People’s Committees shall send their local five-year finance plans for the subsequent period which have been finalized based on opinions of provincial-level People’s Councils’ Standing Bodies to the Ministry of Finance and Ministry of Planning and Investment for opinion;
d/ Before July 20 of the fifth year of each five-year finance plan, provincial-level People’s Committees shall finalize their local five-year finance plan for the subsequent period and send them together with documents on annual state budget estimates to the Ministry of Finance and Ministry of Planning and Investment;
dd/ Based on the opinions of the Ministry of Finance and Ministry of Planning and Investment, provincial-level People’s Committees shall finalize their local five-year finance plans for the subsequent period and report them to their provincial-level People’s Councils for consideration and decision together with the budget estimates for the first year of the subsequent five-year planning period;
e/ Before December 10 of the fifth year of each five-year finance plan, based on their local socio-economic development plans for the subsequent five-year period, provincial- level People’s Councils shall consider and decide on their local five-year finance plans of the subsequent period.
Article 10. Adjustment of five-year finance plans
1. For national five-year finance plans
a/ Upon occurrence of any changes in major objectives or targets of the national five-year socio-economic development plan or occurrence of urgent defense and security requirements, leading to great changes in the state budget balance or ability to raise funds from various sources, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and related agencies in, formulating a plan on adjustment of the national five-year finance plan and reporting it to the Government for submission to the National Assembly for decision together with the budget estimate of the year of adjustment;
b/ The formulation of plans on adjustment of national five-year finance plans (if any) must comply with the order and time frame of formulating national five-year finance plans.
2. For provincial-level five-year finance plans:
a/ Upon occurrence of any changes in major objectives or targets of its local five-year socio-economic development plan or occurrence of urgent defense and security requirements, leading to great changes in the local budget balance or ability to raise funds from various sources, a provincial-level People’s Committee shall direct its provincial-level Finance Department to assume the prime responsibility for formulating a plan on adjustment of the provincial-level five-year finance plan, report it to the Standing Body of the provincial-level People’s Council for opinion, and then send it to the Ministry of Finance and Ministry of Planning and Investment for opinion before submitting it, together with the budget estimate of the year of adjustment, to the provincial-level People’s Council for decision;
b/ The formulation of plans on adjustment of provincial-level five-year finance plans (if any) must comply with the order and time frame of formulating provincial-level five- year finance plans,
c/ Provincial-level People’s Committees shall send to the Ministry of Finance and Ministry of Planning and Investment adjusted provincial-level five-year finance plans within 30 days after such plans are approved by provincial-level People’s Councils.
Article 11. Tasks and powers of agencies and organizations in formulation of five- year finance plans
1. Tasks and powers of the Prime Minister:
a/ To promulgate directives on formulation of national five-year finance plans;
b/ To direct the formulation of national five-year finance plans and adjustment of national five-year finance plans when necessary;
c/ To organize inspection of the formulation of five-year finance plans by localities;
2. Tasks and powers of the Ministry of Finance:
a/ To propose the Prime Minister to promulgate directives on formulation of national five-year finance plans;
b/ To assume prime responsibility for formulating national five-year finance plans and reporting them the Prime Minister and Government for submission to the National Assembly Standing Committee and National Assembly for decision;
c/ To assume the prime responsibility for formulating plans on adjustment of national five-year finance plans under Clause 1, Article 10 of this Decree;
d/ To give opinions on formulation or adjustment of provincial-level five-year finance plans.
2. Tasks and powers of the Ministry of Planning and Investment:
a/ To assume the prime responsibility for, and coordinate with ministries, central agencies and localities in, determining major socio-economic targets for each five-year period serving the formulation of national five-year finance plans;
b/ To coordinate with the Ministry of Finance and related ministries and sectors in formulating and adjusting national five-year finance plans;
c/ To give opinions on the formulation or adjustment of provincial-level five-year finance plans.
4. Tasks and powers of ministries and central agencies:
a/ To coordinate with the Ministry of Planning and Investment in determining major socio-economic targets of each five-year period in the sectors and fields under their management serving the formulation of national five-year finance plans;
b/ To coordinate with the Ministry of Finance in formulating or adjusting national five-year finance plans.
5. Tasks and powers of provincial-level People’s Committees:
a/ To direct provincial-level Planning and Investment Departments to assume the prime responsibility for, and coordinate with related local agencies and units in, determining major socio-economic targets of their localities for each five-year period and notify them to provincial-level Finance Departments serving the formulation of provincial-level five-year finance plans;
b/ To direct provincial departments and local functional agencies to coordinate with provincial-level Investment and Planning Departments in determining major socio-economic targets in the sectors and fields under their management in each five-year period serving the formulation and adjustment of provincial-level five-year finance plans;
c/ To direct provincial-level Finance Departments to assume the prime responsibility for, and coordinate with provincial-level Planning and Investment Departments, Tax Departments, Customs Departments and other related local agencies and units in, formulating and adjusting provincial-level five-year finance plans and reporting them to provincial-level People’s Committees for submission to provincial-level People’s Councils for decision and sending to the Ministry of Finance and Ministry of Planning and Investment under this Decree.
Tìm kiếm
Nghị định 45/2017/NĐ-CP (Bản Word)
Nghị định 45/2017/NĐ-CP (Bản Pdf)