Thông tư 33/2024/TT-BTC kinh phí đầu tư xây dựng duy trì vận hành Cơ sở dữ liệu về giá

CIRCULAR

PRESCRIBING FUNDING FOR ESTABLISHMENT, MAINTENANCE, UPGRADING, MANAGEMENT AND OPERATION OF PRICE DATABASES 

Pursuant to the Prices Law dated June 19, 2023;

Pursuant to the Government’s Decree No. 14/2023/ND-CP dated April 20, 2023 defining functions, tasks, powers and organizational structure of the Ministry of Finance of Vietnam;

At the request of the Director of the Price Management Department;

The Minister of Finance of Vietnam promulgates a Circular prescribing funding for establishment, maintenance, upgrading, management and operation of price databases.

Article 1. Scope and regulated entities

1. Scope:

This Circular introduces regulations on funding for establishment, maintenance, upgrading, management and operation of price databases.

2. Regulated entities

This Circular applies to administrative authorities and public service providers, and other authorities and organizations that use state funding for making investment in establishment, maintenance, upgrading, management and operation of price databases.

Article 2. Funding for making investment in establishment and upgrading of price databases

1. Funding for making investment in establishment and upgrading of price databases includes:

a) Public investment funding allocated by state budget;

b) Other lawful sources of funding (if any).

2. Public investment funding for making investment in establishment and upgrading of price databases shall be used in accordance with provisions of the Law on public investment, the Law on state budget and their guiding documents.

3. Based on actual conditions of existing facilities, technical and economic norms on information technology and researches, authorities and units tasked with establishing price databases shall determine and submit investment contents to competent authorities for approval as the basis for allocation of funding.

Funding for making investment in establishment and upgrading of the national price database is included in the state budget estimate of the Ministry of Finance of Vietnam; funding for making investment in establishment of provincial price databases is included in state budget estimates of provincial governments according to applicable regulations on hierarchical management of state budget.

Article 3. Funding for maintenance, management and operation of price databases

1. Funding for maintenance, management and operation of price databases includes:

a) State budget-derived funding for recurrent expenditures as prescribed in the Law on state budget which is allocated by competent authorities and included in annual state budget expenditure estimates of relevant authorities and units (including annual additional funding);

b) Revenues earned from non-business activities; funds for development of non-business activities, and other lawful funds (if any);

c) Donations lawfully granted by domestic and foreign organizations and individuals, and other lawful revenues as prescribed by law.

2. Authorities and organizations tasked with maintaining, managing and operating price databases shall make annual estimates of state budget-covered costs of maintenance, management and operation of price databases, and submit them to competent authorities for approval in accordance with regulations of law.

3. The Ministry of Finance of Vietnam and provincial People’s Committees shall consider including funding for maintenance, management and operation of price databases in their annual state budget estimates in a manner that complies with provisions of the Law on state budget and relevant laws.

Article 4. Preparation and implementation of cost estimates, and statement of state budget funding

Preparation, management and implementation of cost estimates, and statement of state budget-derived funding for making investment in establishment, maintenance, upgrading, management and operation of price databases shall comply with provisions of the Law on state budget, the Law on accounting, the Law on public investment, the Law on bidding, the Government’s Decree No. 73/2019/ND-CP dated September 05, 2019, their guiding documents, and relevant laws.

Article 5. Expenditures associated with maintenance, management and operation of price databases, and limits thereof

Expenditures on maintenance, management and operation of price databases which are covered by state budget-derived funding for recurrent expenditures shall comply with the Law on state budget, its guiding documents and relevant laws.

The following provisions shall apply to any expenditures actually incurred during the maintenance, management and operation of price databases:

1. Expenditures on collection of information and data serving the maintenance, management and operation of price databases shall be paid in accordance with provisions of the Circular No. 194/2012/TT-BTC dated November 15, 2012 of the Minister of Finance of Vietnam.

2. Expenditures on hiring of specialists, in case existing personnel is incapable of performing tasks, for analyzing and forecasting domestic and international market prices of goods, services and property used for maintaining, managing and operating price databases shall be paid at the expenditure limits on hiring of specialists prescribed in the Circular No. 02/2015/TT-BLDTBXH dated January 12, 2015 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam.

3. Expenditures on ensuring safety, security and confidentiality of information included in price databases shall be paid in accordance with provisions of the Circular No. 121/2018/TT-BTC dated December 12, 2018 of the Minister of Finance of Vietnam and its guiding documents.

4. Expenditures on purchasing of information and data serving the maintenance, management and operation of price databases shall be paid under contracts signed in accordance with regulations of law on economic contracts.

5. Other expenditures actually incurred by authorities and units tasked with maintaining, managing and operating price databases shall be paid in accordance with relevant regulations of law.

6. Provisions on expenditures other than salaries of officials and public employees to be covered by state budget-funding enshrined in this Circular and other legislative documents referred to in this Circular shall apply until regulations on salary reform under the Resolution No. 27/NQ-TW dated May 21, 2018 of the 7^th Meeting of the 12^th Central Executive Committee come into force.

Article 6. Implementation organization

1. Authorities and units tasked with establishing, managing and operating price databases shall direct relevant authorities, organizations and units to implement provisions of this Circular.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Finance of Vietnam for consideration.

Article 7. Effect

1. This Circular comes into force from July 01, 2024.

2. If any legislative documents referred to in this Circular are amended or superseded, the new ones shall apply./.