Resolution 111/2024/QH15 mechanisms and policies to implement national target programs

RESOLUTION

On a number of specific mechanisms and policies to implement national target programs

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THE NATIONAL ASSEMBLY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13, of which a number of articles is amended and supplemented under the Law No. 65/2020/QH14;

Pursuant to the Law on Promulgation of Legal Documents No. 80/2015/QH13, of which a number of articles is amended and under the Law No. 63/2020/QH14;

RESOLVES:

Article 1. Scope of regulations

This Resolution prescribes a number of specific mechanisms and policies to implement the national target program on building new rural areas for the 2021-2025 period, the national target program on sustainable poverty reduction for the 2021-2025 period, the national target program on socio-economic development in ethnic minority and mountainous areas for the 2021-2030 period (hereinafter referred to as the national target programs).

Article 2. Subjects of application

This Resolution applies to agencies, organizations and individuals participating or involved in the management and implementation of the national target programs.

Article 3. Interpretation of terms

In this Resolution, the following terms below are construed as follows:

1. Component projects include: projects and mini-projects under the national target program on socio-economic development in ethnic minority and mountainous areas for the 2021-2030 period, the national target program on sustainable poverty reduction for the 2021-2025 period; component contents and contents of the national target program on building new rural areas for the 2021-2025 period.

2. Projects on support for production development include: projects on support for the development of value chain-linked production and projects on support for the development of community-based production.

3. Projects on support for the development of value chain-linked production include: projects and plans on production development that are developed and proposed by enterprises, cooperatives, and unions of cooperatives (hereinafter collectively referred to as host units) in cooperation with individuals and households eligible for support by the national target programs, community teams or groups, and cooperative groups, and are approved by competent authorities to link and form a value chain for producing and consuming goods and services.

4. Projects on support for the development of community-based production include: projects and plans on production development that are developed and proposed by residential communities (villages, hamlets and equivalent communities; residential groups or households), and are approved by competent authorities.

5. Production development project owner (hereinafter referred to as project owner) refers to a linkage leader or a residential community stated in the decision to approve the project on support for production development.

6. Management agency of projects on support for production development (hereinafter referred to as project management agency) refers to a state agency assigned to estimate the implementation of production development support activities and specifically determined in the decision to approve the project on support for production development.

7. Small-scale construction investment projects with uncomplicated techniques refer to investment projects that fully meet the following criteria: included in the investment items of the national target programs; implemented in 01 commune-level administrative unit and managed by the commune-level People's Committee; having a total project investment not exceeding VND 05 billion; applying uncomplicated techniques and having existing designs that have been applied in the district where the project is implemented, or having sample designs or typical designs.

Article 4. Specific mechanisms and policies in implementing the national target programs

1. Regarding allocation and assignment of annual central budget current expenditure estimates:

a) The National Assembly shall decide to allocate annual central budget current expenditure estimates to each locality according to the total fund of each national target program;

b) The Prime Minister shall assign annual central budget current expenditure estimates to each locality according to the total current expenditure of each national target program;

c) The provincial-level People's Council shall decide to allocate, or assign district-level People's Councils to decide to allocate annual central budget current expenditure estimates of each national target program, detailed to component projects.

2. Regarding adjustment to state budget estimates and annual plans on investment funded by the state budget:

a) The provincial-level People's Council shall decide to adjust the state budget estimates for 2024 (current expenditure) and the state budget estimates not fully disbursed in 2023 (including investment expenditure and current expenditure) of the national target programs that have been brought forward to 2024 in accordance with Resolution No. 104/2023/QH15 dated November 10, 2023 and Resolution No. 108/2023/QH15 dated November 29, 2023 of the National Assembly;

b) The provincial-level and district-level People's Committees shall, based on the decentralized authority, decide to adjust plans on investment funded by the state budget of the national target programs that have not been fully disbursed in 2023 and have been brought forward to 2024 in accordance with Resolution No. 104/2023/QH15 dated November 10, 2023 and Resolution No. 108/2023/QH15 dated November 29, 2023 of the National Assembly;

c) Principles for adjustment;

c1. Adjustment to state budget estimates from component projects that no longer have support subjects or are not eligible to disburse funds according to regulations or have a low disbursement rate to supplement estimates for implementation of other component projects in the same national target program must ensure that it does not exceed the total state budget estimates and does not change the structure of investment expenditures and current expenditures of each national target program assigned by competent authorities;

c2. Adjustment to annual plans on investment funded by the state budget between investment projects in the list of medium-term public investment projects for the 2021-2025 period in the same national target program shall ensure that it does not exceed the total investment capital level assigned by competent authorities in the medium-term public investment plan of each project, and the total capital level in the year of each national target program.

3. Regarding promulgation of regulations on order, procedures, criteria, and sample dossiers for selecting production development projects:

a) The provincial-level People's Committee may decide on the order, procedures, criteria, and sample dossiers for selecting projects in production development support activities within the contents of the national target programs in the case where the provincial-level People's Council has not promulgated regulations on these contents;

b) In the case where it is necessary to amend or supplement the order, procedures, criteria, and sample dossiers for selecting projects in production development support activities within the contents of the national target programs promulgated by the provincial-level People's Council, the provincial-level People's Committee shall decide on amendments and supplements after obtaining the approval from the Standing Committee of the provincial-level People's Council, and report to the People's Council of the same level at the next session.

4. Regarding the use of state budget in the case where project owners are assigned to self-procure goods and services for implementation of production development projects:

a) A project owner shall decide to procure goods and services within the contents of the project on support for production development approved by a competent authority;

b) Based on the decision to approve the project on support for production development, the project management agency shall provide financial support from the state budget to the project owner for procurement of goods and services as follows:

b1. In the case where the project owner directly produces and supplies goods and services in his/her business line, the project management agency shall directly pay the costs of production and supply of goods and services to the project owner according to support norms prescribed by the provincial-level People's Council. In the case where these norms are not available, the project management agency shall make payment according to the prices of goods and services approved in the project approval decision of the competent authority; the authority competent to approve the project shall decide the prices of goods and services based on the prices of goods and services of the same type traded in the locality where the project is implemented, and proposed by a specialized financial agency under the People's Committee of the same level; in the case where there are no goods or services of the same type traded in the locality, the specialized financial agency under the People's Committee of the same level shall refer to the selling price of goods and services of the same type in the locality to propose the prices; For a project approved by the chairperson of a commune-level People's Committee, the specialized financial agency under the district-level People's Committee shall propose the prices;

b2. In case of using goods and services directly produced and provided by people in the locality where the project is implemented, the project management agency shall directly pay the costs of production and supply of goods and services to the project owner according to the prices of goods and services traded in the commune-level locality that are confirmed by the commune-level People's Committee. In the case where the goods or services of the same type are not traded in the locality where the project is implemented, the project management agency shall refer to the selling prices of goods and services of the same type in the province to decide on financial support for the project owner;

b3. In the case where the project owner signs a contract to procure goods and services with a supplier who is not a member of the production development project, the project management agency shall pay the supplier of goods and services under a procurement contract confirmed by three parties, including the project owner, the service and goods supplier and the project management agency. The project owner shall be responsible for providing full documents proving procurement operations, including sales invoices and other documents (if any), to the project management agency no later than 15 days from the date of receipt of goods and services from the supplier.

5. Regarding management and use of property formed in projects on support for production development:

a) Property formed in projects on support for production development shall not apply the law provisions on management and use of public property in the following cases:

a1. Property valued less than VND 500 million that is supported with all or part of the capital from the state budget;

a2. Property for supporting the community participating in project implementation;

a3. Property valued at VND 500 million or more that is supported with the capital from the state budget but not exceeding 20% ​​of the property value;

b) Project management agencies shall be responsible for monitoring and supervising the management and use of property during the project implementation.

6. Regarding entrustment of capital from the local budget to the system of banks for social policies:

a) Based on the capability to balance the local budget, provincial- and district- level People's Councils may decide to allocate local budget capital, including public investment capital, other development investment capital, and current expenditures, assign the People's Committees at the same level to entrust local Vietnam Banks for Social Policies to support the implementation of the following activities of the national target programs: developing production and business, creating jobs, stabilizing livelihoods, supporting housing improvement; developing products under the One Commune One Product Program; maintaining and developing traditional craft villages; developing rural tourism;

b) Subjects eligible for preferential loan support include enterprises, cooperatives, and cooperative unions in ethnic minority and mountainous areas, rural areas, and poor districts; ethnic minority individuals, poor households, near-poor households, households newly escaping from poverty, households with an average living standard, workers in areas within the scope of implementation of the national target programs;

c) The submission, approval and assignment of medium-term public investment plans and annual capital investment plans to entrust local Vietnam Banks for Social Policies do not require making a list of programs and projects in accordance with the Law on Public Investment;

d) The provincial-level People's Committee shall prescribe the conditions, contents, and levels of preferential loans to implement each credit policy supporting preferential loans in accordance with Points a and b of this Clause.

7. Regarding the pilot mechanism of decentralization to the district level in management and implementation of the national target programs in the 2024-2025 period:

a) The provincial-level People's Council may decide to select no more than 02 districts to pilot the decentralization mechanism. The provincial-level People's Committee shall decide to assign specific objectives, tasks, and requirements for each national target program to the selected pilot districts;

 b) The district-level People's Council may decide to adjust the plan for allocating public investment capital and current funding among the national target programs in the medium-term public investment plan, annual capital investment plan, and annual state budget estimates that have been assigned by a competent authority; perform the state budget capital structure between investment and current expenditures of component projects that no longer have support subjects to focus capital on implementing other component projects under the national target programs in the 2021-2025 period;

c) The annual state budget settlement of the district implementing the pilot mechanism shall be carried out according to the medium-term public investment plan, annual capital investment plan, and annual state budget estimate that have been adjusted by the district-level People's Council in accordance with Point b of this Clause.

8. Regarding the assignment of medium-term public investment plans and annual capital investments for small-scale construction investment projects with uncomplicated techniques:

a) Based on the list of expected projects reported to the district-level People's Council, the People's Committee of the same level shall assign medium-term public investment plans to implement small-scale construction investment projects with uncomplicated techniques according to the total capital of projects; It is not mandatory to assign the list of projects in medium-term public investment plans;

b) The allocation and assignment of annual capital investment plans to implement small-scale construction investment projects with uncomplicated techniques, detailed to each project, shall be carried out according to the principle that the total support capital from the state budget is accumulated up to the time of capital allocation but must not exceed the total capital for implementing these projects in medium-term public investment plans.

Article 5. Organization of implementation

1. The Government shall organize the implementation of this Resolution; review and evaluate the implementation of the Resolution and report to the National Assembly at the first session in 2026 or at the time of proposing investment policies related to these national target programs in the 2026-2030 period.

2. Provincial-level People's Councils and People's Committees shall organize and implement the tasks assigned in this Resolution.

3. The National Assembly, National Assembly Standing Committee, Ethnic Council, other Committees of the National Assembly, delegations of National Assembly deputies of provinces and centrally-run cities, and National Assembly deputies shall supervise the implementation of the Resolution.

Article 6. Implementation provisions

1. This Resolution takes effect from the date of adoption by the National Assembly until the National Assembly promulgates other regulations.

2. Mechanisms and policies specified in Clause 2, Article 4 of this Resolution do not apply to the management and use of foreign capital mobilized to implement the national target programs.

3. Before this Resolution takes effect, if the localities have made adjustments to the state budget estimates for 2023 and the capital investment plans for 2023 (including the state budget estimates and the capital investment plans not yet fully disbursed in 2021 and 2022, and brought forward to 2023 according to regulations) in accordance with the adjustment principles specified at Point c, Clause 2, Article 4 of this Resolution, this Resolution shall apply.

This Resolution was adopted on January 18, 2024, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 5^th extraordinary session.

Chairman of the National Assembly
VUONG DINH HUE