Nghị quyết 69/2022/QH15 về dự toán ngân sách nhà nước năm 2023 do Quốc hội ban hành

RESOLUTION

ON STATE BUDGET ESTIMATES IN 2023

NATIONAL ASSEMBLY

Pursuant to Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on State Budget No. 83/2015/QH13 amended by the Law No. 59/2020/QH14;

On the basis of Report No. 32/BC-CP dated October 16, 2022 of the Government; Assessment Report No. 53/BC-UBTCNS15-m dated October 19, 2022 of the Finance and Budget Committee; Report No. 362/BC-UBTVQH15 dated November 11, 2022 of the Standing Committee of the National Assembly and remarks of members of the National Assembly.

HEREBY RESOLVES:

Article 1. Approving the state budget estimates for 2023

1. Total state budget revenue is 1.620.744 billion VND.

2. Total state budget spending is 2.076.244 billion VND.

3. State budget deficit is 455.500 billion VND, corresponding to 4,42% GDP, including:

Central government budget deficit is 430.500 billion VND, corresponding to 4,18% GPD;

Local government budget deficit is 25.000 billion VND, corresponding to 0,24% GDP.

4. Total loan of state budget is 648.213 billion VND.

(Appendices No. I, II, III, and IV attached hereto)

Article 2. Revision to the state budget estimates in 2022 and revision to the Medium-term public investment plan of the period 2021 - 2025

1. Add 1.707,58 billion VND of revenue from the Oil and gas prospecting and exploration fund at Vietnam National Oil and Gas Group to state budget revenue and expenditure estimates in 2022 at request of the Government under Presentation No. 31/TTr-CP and Report No. 32/BC-CP dated October 16, 2022. The Government shall be responsible for accuracy of the data; paying and finalizing as per the law when making state budget revenue and expenditure. State audit shall audit as per the law.

2. Add 7.265 billion VND of Medium-term public investment plan with foreign capital and central government budget funding sources for the period of 2021 - 2025 to Ministry of Transport from unallocated central government budget in order to fund 1 project where Vietnam Infrastructure Development and Finance Investment Joint Stock Company acts as project developer and which has been permitted by the National Assembly to convert on-lend capital and Government guarantee into capital for dispensing of state budget according to Resolution No. 63/2022/QH15.

3. Add 31.392 billion VND of investment expenditure estimates with foreign capital to Ministry of Transport while increasing state budget deficit in 2022 in order to prepare for capital plan of 5 projects in 2022, including: 1 project where Vietnam Infrastructure Development and Finance Investment Joint Stock Company acts as project developer, and 4 projects where Vietnam Expressway Corporation acts as project developer which have been permitted by the National Assembly to convert on-lend capital and Government guarantee into capital for dispensing of state budget according to Resolution No. 63/2022/QH15.

4. Permit the use of debt repayment estimates of the central government budget in 2022 to settle all due foreign loans of the Vietnam Expressway Corporation and all advance principal and foreign loans of the Vietnam Infrastructure Development and Finance Investment Joint Stock Company that have been converted to capital for dispensing of state budget as per the law. The Government shall be responsible for the incurred amount and settling, finalizing as per the law.

5. Permit the extension of disbursement period of investment and professional capital of the central government budget in 2022 (including plan for 2021 that has been extended to 2022) of 3 National target programs that have been distributed by the Standing Committee of the National Assembly under Resolution No. 517/NQ-UBTVQH15 dated May 22, 2022 and not disbursed to the end of December 31, 2023.

6. Permit the inclusion of central government budget-funded investments generated from the handling and rearrangement operations of housing and land conducted by ministries and central authorities in the annual state budget estimates on the basis of realistic revenue capacity and report to the National Assembly.

7. Regarding the revision of Medium-term public investment plan funded by central government budget among internal tasks and projects of each Ministry, central authority, and local authority, the Law on Public Investment shall be adequately adhered to. If internal shift changes total capital of the Medium-term public investment of 2021 - 2025 of a field or sector, immediately report to the National Assembly, and in cases of emergency or during the interval between meetings of the National Assembly, the Government shall consolidate and report to the Standing Committee of the National Assembly in order to present to the National Assembly in the next meeting.

8. Regarding the replacement or addition of new tasks and projects in the Medium-term public investment plan of 2021 - 2025 compared to the list reported to the National Assembly by the Government in the 1^st Meeting of the 15^th National Assembly, the Government shall request the National Assembly to consider, and in cases of emergency or during the interval between meetings of the National Assembly, the Government shall report to the Standing Committee of the National Assembly for remarks prior to allocating capital for medium-term public investment for the period of 2021 - 2025 and present to the National Assembly in the next meeting.

9. From 2022, the central government budget shall receive 100% of revenues generated by electronic commerce and business activities that utilize digital platforms, cross-border services, and other services registered by foreign service providers which register their taxpayer identity, declare tax, and pay tax via website of the General Department of Taxation.

10. The Government shall develop solutions for allocating the remaining capital of the Medium-term public investment plan, the Program for socio-economic recovery and development in order to fund projects in the Program as soon as they are eligible as per the law and request the Standing Committee of the National Assembly to make remarks before March 31, 2023. Once the time limit is reached, any unallocated capital of the Medium-term public investment plan shall be transferred to provision of the Medium-term public investment plan whereas the remaining capital of the Program for socio-economic recovery and development shall not be allocated further.

Article 3. Regarding implementation of salary policies

1. General reform of salary policies according to Resolution No. 27-NQ/TW dated May 21, 2018 of the 7^th Meeting of the 12th Central Executive Committee is not yet implemented in 2023. From July 1, 2023, raise statutory pay rate of officials, public officials, and public employees to 1,8 million VND/month; increase pension and social insurance allowance by 12,5% for beneficiaries of state budget allowance and provide additional support for persons retiring before 1995 with low benefit level; increase standard allowance level for persons with meritorious services no lower than the poor household standard in urban areas and increase expenditure on social security policies associated with statutory pay rate by 20,8%. From January 1, 2023, raise professional allowance of preventive and center-based healthcare workers according to Conclusion No. 25-KL/TW dated December 30, 2021 of the Politburo.

2. Continue to implement specific financial and income regulations in regard to agencies and entities that are implementing specific financial and income regulations in central level for several state agencies and administrative units until general reform of salary policies under Resolution No. 27-NQ/TW dated May 21, 2018 of the 7^th Meeting of the 12^th Central Executive Committee is implemented; monthly salaries and additional income calculated using the statutory pay rate of 1,8 million VND/month from July 1, 2023 must not exceed the average increased salaries and income of 2022 (excluding the salaries and additional income brought by adjustment of rank-based pay rate or increase in work rank).

3. Ministries, central government authorities, and local government authorities shall adopt solutions for generating resources for salary policy reform as per the law. During 2023 - 2025, continue to exclude some revenues when calculating revenues of local government budget in order to implement salary reform in accordance with Resolution No. 34/2021/QH15 dated November 13, 2021 of the National Assembly.

Article 4. Assignment of the Government

1. Concentrate on implementing fiscal policies appropriately, effectively, and promptly in order to adapt to complicated shift in and out of Vietnam, maintain macroeconomic, control inflation, boost growth, and ensure major balances of the economy.

2. Continue to finalize state budget revenue system, enhance revenue management, restructure revenue sources in order to maintain sustainability; research amendment, addition, and improvement of tax administration regulations, especially in new and emerging business sectors in the digital economy and cross-border transactions, etc. ensure sufficient, adequate, and timely collection of fees, charges, taxes, and other collectibles to the state budget. If central government budget revenues in 2023 exceed the estimates, the Government shall request the Standing Committee of the National Assembly to allocate resources in order to implement salary reform as per the law and reduce state budget deficit. Consolidate and submit reports on implementation of Resolution No. 94/2019/QH14 of the National Assembly to the National Assembly in the meeting by the end of 2023.

From 2023, the Government shall develop mechanisms for monitoring tax declared and paid by foreign suppliers with respect to revenues generated by provision of goods and services for individuals and enterprises in Vietnam in order to assess, improve, and ensure the implementation of tax administration policies on foreign suppliers.

Closely monitor VAT, import duty, and export duty refund; continue to implement administrative reforms pertaining to tax, promote digitalization of tax administration; strictly implement regulations and law on auctioning when transferring, leasing public property, assigning land, and leasing land as per the law.

Immediately implement solutions for promoting equitization and divestment of state capital in enterprises in 2021 - 2025, associate leading individuals with responsibilities; aim towards approving and revising scheme for enterprise restructuring; fully promulgate guiding documents in order to create the legal basis for implementation.

Research and improve financial regulations in land in accordance with Resolution No. 18-NQ/TW dated June 16, 2022 of the 5^th Meeting of the 13^th Central Executive Committee in order to ensure mutual benefits between the Government, land users, and investors; adopt solutions for reasonably and effectively regulating revenues generated by land levy and land rents between central government budget and local government budget; adopt solutions for reinforcing and improving leader role of central government budget.

3. Enforce discipline and order, emphasis responsibilities of leading individuals in managing and using finance, budget; regulate state budget expenditure closely, economically, and effectively; cut all unnecessary expenditure, thoroughly reduce recurrent expenditure; only promulgate policies that increase budget expenditure when necessary and adequate resources present; allocate and distribute estimates in a timely manner in accordance with the Law on State Budget; increase investment preparation quality, remediate the tardiness in implementing public investment projects and disbursement of public investment; strictly reroute capital of projects behind progress to more capable projects with disbursement potentials, minimize transfer of funding sources; review all responsibilities involved in low disbursement of public investment

Direct research and adjustment of expenditure, prioritize expenditure on regular maintenance, preservation, especially in the field of transport; promulgate economic, technical norms and assessment criteria and standards of public services, regulations on monitoring, supervising, and controlling quality of services, effectiveness of public service providers in order to serve as the basis for developing unit price, order plans, and assigning public service providers with tasks.

Adopt effectively solutions for improving quality of proposal, preparation, and approval of ODA projects, develop specific plans for implementation for each stage, research solutions for cases where capital is returned due to subjective reasons.

4. Continue to direct ministries, central government authorities, and local government authorities to downsize, rearrange organization structure; improve management regulations, financial regulations, reorganize systems of public service providers, reduce direct support from state budget for public service providers.

5. Extensively coordinate anti-wasteful and efficient practice; increase inspection and examination, process responsibilities of organizations and individuals in complying with regulations on anti-wasteful and efficient practice, and ensure effectiveness of state budget use. Prioritize implementation of relevant details under Resolutions pertaining to extensive implementation of policies and regulations on anti-wasteful and efficient practice.

6. Closely monitor central government budget deficit, local government budget deficit, and loans of local government budget. Increase inspection and examination of loan application, use of loans, and loan repayment, especially in regard to new loan agreements, foreign loan, loan under Government guarantee; assess and forecast loan default risk, solvency in order to adopt effective solutions for managing and coordinating state budget; actively implement solutions for restructuring public debt in accordance with the Law on Public Debt Management; ensure effectiveness and efficiency when repurchasing, swapping, or selling Government bonds; govern expenditure on issuing, repurchasing, swapping, and selling Government bonds within the expenditure estimates on interest repayment of central government budget in 2023 decided by the Government.

7. Provide specific guidance on implementation of Clause 1 and Clause 2 Article 3 hereof.

Article 5. Supervising and auditing implementation of state budget estimates

1. Standing Committee of the National Assembly, Finance and Budget Committee, Council for Ethnic Affairs, and other Committees of the National Assembly, the National Assembly deputies’ delegations, National Assembly deputies, Vietnamese Fatherland Front, and member organizations, within their tasks and powers, shall supervise the implementation of this Resolution.

2. State audit, within their tasks and powers, shall audit the implementation of this Resolution to ensure compliance with the law.

This Resolution is approved by the 15^th National Assembly of the Socialist Republic of Vietnam in the 4^th meeting on November 11, 2022.

APPENDIX I

STATE BUDGET BALANCE FOR 2023
(Attached to Resolution No. 69/2022/QH15 dated November 11, 2022 of the National Assembly)

Unit: Billion VND

Note:

(1) Not including the expected use of approximately 47 thousand billion VND of salary reform sources of central government budget and local government budget allocated from previous years.

(2) The difference between deficit of provinces with local government budget deficits and surplus of provinces with local government budget surpluses

(3) Including loans for covering deficit of central government budget and loans for covering deficit of provinces with local government budget deficit.

APPENDIX II

FIELD-BASED STATE BUDGET REVENUE ESTIMATES IN 2023
(Attached to Resolution No. 69/2022/QH15 dated November 11, 2022 of the National Assembly)

Unit: Billion VND

Note: (1) Including revenues from foreign suppliers that are not based in Vietnam.

APPENDIX III

REVENUE AND EXPENDITURE BALANCES OF CENTRAL GOVERNMENT BUDGET AND LOCAL GOVERNMENT BUDGET IN 2023
(Attached to Resolution No. 69/2022/QH15 dated November 11, 2022 of the National Assembly)

Unit: Billion VND

Note:

(1) The difference between deficit of provinces with local government budget deficits and surplus of provinces with local government budget surpluses

APPENDIX IV

EXPENDITURE ESTIMATES OF STATE BUDGET, CENTRAL GOVERNMENT BUDGET, AND LOCAL GOVERNMENT BUDGET ACCORDING TO EXPENDITURE STRUCTURE IN 2023
(Attached to Resolution No. 69/2022/QH dated November 11, 2022 of the National Assembly)

Unit: Billion VND

Note:

(1) Not including the expected use of approximately 47 thousand billion VND of salary reform sources of central government budget and local government budget allocated from previous years.

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This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed