Nghị định 107/2011/NĐ-CP hướng dẫn điểm c khoản 2 Điều 15 Luật Cơ quan đại diện Việt Nam ở nước ngoài

DECREE

STIPULATING IN DETAIL POINT C, CLAUSE 2, ARTICLE 15 OF THE LAW ON OVERSEAS REPRESENTATIVE MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM

THE GOVERNMENT

Pursuant to the Law on Organization of Government dated December 25, 2001;

Pursuant to the Law on state budget dated December 16, 2002;

Pursuant to regulations at point c, clause 2, Article 15 of the Law on overseas representative missions of the Socialist Republic of Vietnam No. 33/2009/QH12 passed by the twelfth National Assembly of the Socialist Republic of Vietnam, 5th session on June 18, 2009;

Considering the proposal of the Minister of Finance

DECREE:

Article 1. Scope and subjects of adjustment

1. This Decree stipulates the cost estimate, allocation, management, use and final settlement of funds at overseas representative missions of the Socialist Republic of Vietnam when implementing the particular professional activities allocated by the concerned agencies in charge of these activities as prescribed at point c, Clause 2 Article 15 of the Law on overseas representative missions of the Socialist Republic of Vietnam

2. The funds for implementation of particular professional activities with content specified in Article 2 of this Decree are allocated from the state budget to the agencies in charge of these activities to assume the prime responsibility for implementation outside the territory of Vietnam according to specific tasks, or programs, schemes and projects approved by the competent authority.

3. This Decree does not adjust for funds of the state budget allocated for the Ministry of Defense, Ministry of Public Security, Office of the Party Central Committee and funds for the implementation of programs, schemes and projects of the concerned agencies that the Governmental Prime Minister has regulated by separate mechanisms.

Article 2. Content of particular professional activities

The content of particular professional activities carried out by the Vietnamese representative agencies in foreign countries including:

1. Activities of organizing fairs, exhibitions, trade, introducing and promoting Vietnamese goods, services, labor and investment opportunities in Vietnam.

2. Activities of collecting and purchasing valuable economic information: activities of assessment and verification of economic partner; the activities of mobilizating partners, business customers, investors, transnational corporations, big companies in the areas and localities to promote trade, investment, tourism, technical science, expansion of labor export market.

3. Activities of organization of occasional events in foreign countries are decided by the Prime Minister.

4. Other particular professional activities in each area of work of the concerned agencies are approved by the levels of competent authority for the content and fund of implementation.

Article 3. Estimating, allocating, managing, using and settling funds.

The estimate, allocation and settlement of funds for particular professional activities are carried out as prescribed by the Law on State Budget and documents guiding the Law on State Budget and the following regulations:

1. Annually, at the time of making budget estimate, based on the objectives, strategic direction for branch development and guidance to set up plans and estimate cost of budget of the Ministry of Finance, the concerned agencies make plans for implementing specific particular professional activities (in which detailing for each specific task, or schemes or projects) submit to the competent authorities for approval of content as a basis for estimating general funds into the annual budget estimate of the concerned agencies and sent to the Ministry of Finance for summing up to present to the competent authority for approval and allocation of cost estimate for the concerned agencies to execute them. The cost estimate for implementation of particular professional are assigned and noted the specific contents in the general estimate of annual budget of the concerned agencies

2. The concerned agencies basing on the allocated estimate, basing on duties that need to be deployed for particular professional activities of the branches in each locality will send out written notice to require the Vietnamese representative agencies in foreign countries to cooperate and allocate seconded officials to carry out particular professional task. Based on the content of work, regime, norms of current expenditure, the concerned agencies will present to the competent authority for approval of content and detailed estimate of the funds for implementing particular activities as a basis for transferring funds to the account of the Vietnamese representative agencies in foreign countries.

3. The Vietnamese representative agencies in foreign countries are responsible for allocating officials consistent with the characteristic of work, ensuring work is done effectively; organize accounting and separately monitor funds transferred by the concerned agencies to carry out particular professional activities (not accounted in the operational funding resource of the Vietnamese representative agencies in foreign countries) at the same time having responsibilities to manage and use the funds for serving the particular professional activities in conformity with the right purpose and content of the particular activities assigned by the concerned agencies. After finishing work, the Vietnamese representative agencies in foreign countries will assemble all spending documents and send to the concerned agencies for settlement of funds with the state budget as prescribed by the law. The Vietnamese representative agencies in foreign countries must take responsibilities for the legality of the settling documents.

4. The funds for implementation of particular professional activity which the concerned agencies have been transferred to the account of the Vietnamese representative offices in foreign countries unused up by the end of the year shall transferred to the following year to keep on implementing in accordance with the content of particular activities approved by the competent authority. The funds for carrying out of particular professional activity which estimated at the State Treasure are residual by the end of the year shall be cancelled as prescribed; in necessary case to be transferred to the following year for detail of tasks approved by the competent authority will be considered and decided by the Minister of Ministry of Finance. The procedures for transferring balance to the subsequent year will be complied with current regulations.

Article 4. Effect

This Decree will take effect since January 10, 2012

Article 5. Responsibility for execution

The Ministers, Heads of ministerial agencies, Heads of agencies directly under the Government are liable to execute this Decree.

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