Circular 92/2014/ttlt-Btc-Btp-Vpcp: Guidelines For Estimating, Management, Use And Settlement Of Funds The State Budget Ensures The Legal Text And Complete The Contest

Original Language Title: Thông tư liên tịch 92/2014/TTLT-BTC-BTP-VPCP: Hướng dẫn lập dự toán, quản lý, sử dụng và quyết toán kinh phí ngân sách nhà nước bảo đảm cho công tác xây dựng văn bản quy phạm pháp luật và hoàn thi

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CIRCULAR Guide to estimating, management, use and settlement of funds the State budget ensures the legal text and improve the legal system _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;
Pursuant to Decree No. 24/2009/ND-CP on March 5th, 2009 by government regulation and details measures law enacted the legal text;
Pursuant to Decree No. 59/2012/ND-CP on July 23, 2012 of the Government on monitoring implementation of the law;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 74/2012/ND-CP dated September 29, 2012 of the Government functions, tasks, powers and organizational structure of the Office of the Government;
The Minister of finance, the Minister of Justice, Minister of Government Office issued the circular Guide to estimating, management, use and settlement of funds the State budget ensures the legal text and improve the legal system.
Article 1. Scope this circular guides estimating, management, use and settlement of funds the State budget ensures the legal text (hereinafter collectively referred to as text) and perfecting the legal system of the bodies, the unit, including the following text : 1. Law, resolutions of the National Assembly.
2. Ordinances, resolutions of the Standing Committee of the National Assembly.
3. The order, the decision of the President.
4. The Decree of the Government.
5. The decision of the Prime Minister.
6. Resolution of the Council of judges of the Supreme People's Court; Circular of the Chief Justice of the Supreme People's Court.
7. The circular of the Minister of the Supreme People's Procuratorate.
8. The circular of the Ministers, heads of ministerial agencies.
9. The decision of the State Auditor General.
10. joint resolution between the Commission of the National Assembly or between the Government with the authority of the central social-political organisation.
11. Circular between the Chief Justice of the Supreme People's Court to the Minister the Supreme People's Procuracy; between the Ministers, heads of ministerial-level agencies with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy; among the Ministers, heads of ministerial agencies.
12. The other legal documents under the provisions of the law on issuing legal text (not including the legal texts of the Council of the people, the people's Committee).
Article 2. Principles of estimating, management, use and settlement of funds 1. Secured funding for the construction of the text and improve the legal system do State budget levels, are combined into the estimation of budget spent on the Agency's regular units. In addition to this funding, the State budget a funding arrangement to support the construction of the project laws and ordinances, including the program of building laws and ordinances to be informed and give the Agency the unit chaired drafting, evaluation, project assessment laws and ordinances.
2. The estimating, management, use and secured funding for settlement construction and perfecting the legal system should be made under the provisions of the law on the State budget, documents detailing Law Enforcement Guide, State budget and this circular.
3. The arrangement of funding secured for the construction of the text and improve the legal system at the Agency, which was made under the program, the official plan and the program, additional plans for the year, ensuring conformity with the progress the mission and within the budget estimates have been delivered. The event text is issued, not yet in text construction program of the National Assembly, the Government and the event text in the program but transferred to the following year or to pause execution, the bodies, the unit hosted the editor must timely notification to the Ministry of finance , Office, government offices, the Ministry of Justice to synthesize, Supplement and adjust funding accordingly.
4. The use of secured funding for the construction of the text and improve the legal system to correct the purpose, content, mode and costs according to the provisions of the law on the financial spending mode and the provisions of this circular.
5. On the basis of estimated State budget was delivered, the nature and complexity of the text is expected to build and operate to perfect the legal system are scheduled to perform, the heads, the unit was given the host decided to allocate specific funding level accordingly.
Article 3. Activities and content for the text construction activities and improve the system of law 1. Text building activities and improve the legal system are the State budget ensures funding made include: a) research, establishment of the proposed construction of the text;
b) Established to recommend the program build laws and ordinances; scheduled construction program of Government decrees; text building programs of the ministries and organisations assigned to perform;
c) investigation, survey and research, reviews, summarizing the practices in the process of establishment of the proposed building, text editor and law enforcement;
d) text editor;
DD) reviews the impact of the text;
e) organized the people's opinions about the project, the draft text; comments of the object subject to the direct effects of the project, the draft text;
g) suggestions, project appraisal, the draft text;
h) assessment of the Office of the Government on the project, the draft text;
I) reviewing, text system served directly for the formulation of the text and improve the legal system;
k) publication text;
l) translating into foreign languages, ethnic minorities;
m) impact evaluation after the implementation of the text;
n) monitor, assess law enforcement.
2. Pursuant to the nature, the degree of complexity of each text building activities and improve the legal system to the provisions in clause 1 of this article, the Agency assigned unit, chaired the task performed by the following: a) the collection, review, reviews of the text;
b), documents, text, foreign language, ethnic minority to Vietnamese and vice versa;
c) research and evaluation, summarizing the practices on issues related to the process of building and perfecting the legal system;
d) investigation, survey on issues related to serving the research process, the establishment of the proposed construction of the text; establish recommendations, expected the program to build the text; reviews the impact of the text; text editor;
DD) Organization of meetings, seminars, debates, conferences and served directly to text construction activities and improve the legal system;
e) Spent drafting the outline type, a demonstration, the process; the type of research reports and reviews, summarizing the practices; the report reviews the impact of the text; the draft proposal to build text; the draft proposal, expected the program to build the text and the draft text;
g) to pay remuneration for those involved in research, practical advice in the process of building and perfecting the legal system;
h) Genus suggestions, advice on the proposed construction of the text; the proposal, expected the program to build the text; comments, appraisal, assessment project, the draft text;
I) held to introduce the content text, draft opinions of the people and the object subject to the direct effects of the text;
k) modify, finalize the outline type, a demonstration, the process; the types of reports; the draft proposal to build text; the draft proposal, expected the program to build the text and the draft text;
l) spent on the active publication laws and ordinances and the text has been signed by the authorized issuing;
m) Organization reviews the impact after implementation of the text;
n) monitor the situation of the implementation of the law;
o) print, copy, buy materials and other necessary cost serving directly the activities build the text and improve the legal system.
Article 4. Costs for the content in the text-building activities and improve legal system costs have particular properties, was secured from the State budget for some of the content in the text-building activities and improve the legal system are specified as follows : 1. The genus drafting detailed outline the draft text a) against laws and ordinances: Ordinance law projects drafted new or alternative: spending a maximum of 4,500,000/outline;
The project of law, Ordinance amending and supplementing a number of articles: maximum spending 3,800,000/outline.
b) for the resolution of the National Assembly, the resolution of the Standing Committee of the National Assembly, decrees of the Government, the resolution of the President of the National Assembly Committee between or among Governments with the Central Agency of social-political organizations: the new text editor or replace: 3,000,000 Dong/maximum spending outline;
The revised text, the addition of a number of things: the maximum spending 2,300,000/outline.
c) against the decision of the Prime Minister: the new text editor or alternative: maximum spending 2,300,000/outline;
The modified text editor, some additional things: spending a maximum of 1,500,000 Dong/outline.
d) for a joint circular between the Chief Justice of the Supreme People's Court to the Minister the Supreme People's Procuracy; circular between Ministers, heads of ministerial-level agencies with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy; circular between the Ministers, heads of ministerial-level agencies: the new text editor or replace: 1,500,000 VND/maximum spending outline;
The modified text editor, some additional things: spending a maximum of 1,000,000 VND/outline.
DD) with respect to the circular of the Ministers, heads of ministerial agencies; resolution of the Council of judges of the Supreme People's Court, the circular of the Chief Justice of the Supreme People's Court; the circular of the Minister of the Supreme People's Procuracy; the decision by the State Auditor General:

New text editor or the alternative: spending a maximum of 1,000,000 VND/outline;
The modified text editor, some additional things: spending a maximum of 800,000 Dong/outline.
2. The genus text editor a) against laws and ordinances: Ordinance law projects drafted new or alternative: spending a maximum of 12,000,000/draft text;
The project of law, Ordinance amending and supplementing a number of things: spending a maximum of 7,500,000 VND/draft text.
b) for the resolution of the National Assembly, the resolution of the Standing Committee of the National Assembly, decrees of the Government, the resolution of the President of the National Assembly Committee between or among Governments with the Central Agency of social-political organizations: the new text editor or the alternative: spending a maximum of 7,500,000 VND/draft text;
The modified text editor, some additional things: spending a maximum of 4,500,000/draft text.
c) against the decision of the Prime Minister: the new text editor or alternative: spending a maximum of 6,000,000/draft text;
The revised text, the addition of a number of things: the maximum spending 3,000,000 Dong/draft text.
d) for a joint circular between the Chief Justice of the Supreme People's Court to the Minister the Supreme People's Procuracy; circular between Ministers, heads of ministerial-level agencies with Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuracy; circular between the Ministers, heads of ministerial-level agencies: the new text editor or alternative: maximum spending 4,000,000/draft text;
The modified text editor, some additional things: spending a maximum of 2,000,000 VND/draft text.
DD) with respect to the circular of the Ministers, heads of ministerial agencies; resolution of the Council of judges of the Supreme People's Court, the circular of the Chief Justice of the Supreme People's Court, the circular of the Minister of the Supreme People's Procuracy; the decision by the State Auditor General: drafting new or alternative text: maximum spending 3,000,000 dong/the draft text;
The modified text editor, some additional things: spending a maximum of 2,000,000 VND/draft text.
3. Spent drafting the reports serve to build the text and improve the legal system a) General statements of opinion; justification, receiving comments, appraisal: 1,500,000 VND/maximum spending report.
b) report reviews, reviews of the review, the Commissioner authority, conferences under orders of the Agency, chaired the drafting unit: in the project law, new Ordinances or alternative: spending a maximum of 1,500,000 Dong/reports;
The project of law, Ordinance amending and supplementing a number of articles: maximum 1,000,000 VND/spending reports;
For the rest of the text: maximum 800,000 VND/spending reports.
c) assessment report on the impact of the text: to report preliminary impact assessment: the maximum spending 4,000,000/reports;
The report reviews the impact simply: spending a maximum of 5,000,000 VND/reports;
The report reviews the full impact: spending a maximum of 6,000,000/report.
d) tracking report law enforcement: situation report monitoring the law enforcement by the Government Ministry of justice chaired build: 12,000,000/maximum spending report;
The report tracked law enforcement situation periodically of the ministries: maximum 8,000,000/spending reports;
The report tracks the situation according to the law enforcement topics: maximum 5,000,000 VND/spending reports;
The report tracked law enforcement situation is irregular: 3,000,000 Dong/maximum spending report.
4. Text Editor comments, appraisal, assessment report writing a) text comments: in the project law, new Ordinances or alternative: maximum spending 1,000,000 VND/text;
The project of law, Ordinance amending and supplementing a number of articles: maximum spending 700,000 Dong/text;
For the rest of the text: the maximum spending 500,000 Dong/text.
b) report appraisal, assessment: in the project law, Ordinance: 1,500,000 VND/maximum spending report;
With regard to the draft decree, resolution, resolution of the President, the Prime Minister's decision, circular: maximum 1,000,000 VND/spending reports;
With regard to the draft circular, a decision of the Auditor General of State: maximum spending 500,000 Dong/report.
5. Modify the perfect outline of research, types of reports, a presentation, a written submission sheet: maximum spending 500,000 Dong/modify times.
6. Modify the draft text: spending a maximum of 600,000 Dong/modify times.
7. Read for individuals involved in meetings, seminars, talks, conferences and press a) participated in a meeting, seminar, Conference, talks is set to serve the expected construction programs, drafting, impact assessment, evaluation, feedback, writing assessment; Census, survey; tracking, evaluation of the situation in law enforcement: Presiding: spending 150,000 VND/person/meetings;
Members attending: spending 100,000 VND/person/meetings;
Opinion essay written by the participants: maximum spending 500,000 Dong/text.
b) attended the news conference announcing the law, Ordinance and the text has been signed by the authorized issuing: The briefing: costs 150,000 VND/person/meetings;
Members attending: costs 70,000 VND/person/meeting.
8. The genus rent room and editing documents documents from English to Vietnamese: spending a maximum of 120,000 VND/pages (350 words);
Translate materials from English to Vietnamese: maximum spending 150,000 VND/pages (350 words);
Translate materials from English into Vietnamese ethnic minorities: the maximum spending 100,000 Dong/pages (350 words);
Proofreading a document translation: maximum spending 40,000 Dong/pages (350 words).
For some common language compiled spending be allowed to increase up to 30% compared to the level of genus compiled above.
9. The genus advisory opinions of independent experts in the case suggested the construction of text; the proposal, expected the program to build the text; presentation, process, draft text and specialized reports, complex field of expertise to advisory opinions, critics of the independent expert, the maximum 1,000,000 VND/spending reports.
10. In addition to follow for the spending provisions from paragraph 1 to paragraph 9 of this article, the level of spending for other content is made and applied according to the mode of current financial spending, include: a) for expenses charge work for domestic travel officer , to organize a meeting, Conference, seminar, summary, summarizing made under the provisions of the Ministry of Finance on the diem regime, the regime spent on Conference organization for State agencies and the public;
b) with respect to the expenses for the Organization of the Corps to go overseas survey made according to the regulations of the Ministry of Finance of diem regime for public servants short term travel abroad due to State budget coverage;
c) for organizing the polls, surveys, sociological investigation was done according to the regulations of the Ministry of Finance shall guide the management, use and settlement expense made the investigation from State budget sources;
d) for the establishment of the database system information service for construction and perfecting the legal system is done according to the regulations of the Ministry of finance instructed the creation of electronic news spending in information technology and the current rules about information technology , construction and management of the database;
DD) with respect to the research work, the construction of the specialized service of the text and improve the legal system; build the type of presentation, brochures; establishment of the proposed construction of the text; establish recommendations, expected the program to build the text; assessment report, summarizing the practices; the report reviews the impact of the text; the report tracked law enforcement situation is done and applied according to the regulations of the Ministry of finance, the Ministry of science and technology of building norms and allocate the funding estimates for the subject, science and technology projects that use the State budget;
e) of your Spending, the system turns the text serves to direct the formulation of the text and improve the legal system to follow the regulations of the Ministry of finance and the Ministry of Justice guidelines on the management and use of funds for inspection, handling the legal text.
Article 5. The quota allocation of funding secured for the construction of the text and improve the system of law 1. The quota allocation of funding secured for the construction of the text and improve the legal system must perform on the basis of the activity, the content, the level of expenditure provided for in article 3 and article 4 of this circular and is done as follows: a) draft decree of the Government level, allocating a maximum of 38 million, the draft text have less complex content, just opinions of some participants, the Central sector and a maximum of 60 million, the draft text with complex content, must take the opinions of many of the participating ministries, Central and local unions. The case of the draft decree is held widely opinions, meeting several times with wide scope, then the level of allocation of funding by agency heads, the assigned unit chaired drafting, construction decisions within the budget estimation often genera were delivered;
b) draft decision of the Prime Minister, draft resolutions of the Council of judges of the Supreme People's Court, contact President: resolution allocating levels up to 30 million VND/draft text has the content less complicated or less must organize meetings and up to 50 million, the draft text with complex content or to organize meetings opinions many times;
c) draft circulars, circular, a decision of the State Auditor General: allocating a maximum level of 15 million, the draft text have less complex content, the narrow scope and 30 million VND/draft text with complex content, the scope of objects made in the country , to organize the meeting consulted several times;
d) to project the laws and ordinances, the extent of the funding allocation is made according to the degree of complexity of each project laws and ordinances.

2. In addition to the funding allocation limit specified in paragraph 1 of this article, based on the likely funding source, in case of need, the agency heads, the unit hosted a layout, arrangement of funds from its regular spending budget has been allocated to support the implementation of the activities involved in the process of building and perfecting the system the law. 
Article 6. Estimating, management, use and secured funding for settlement construction and perfecting the legal system 1. The estimating, management of funding secured for the construction of the text and improve the legal system are as follows: a) every year, the base function, its tasks; the genus content, activities defined in article 3 and costs stipulated in article 4 of this circular, the bodies, the unit established a detailed estimation of funding secured for the construction of the text and improve the legal system, the general public often genera budget estimates annual financial appraisal and synthesis process of Government to the Parliament decision According to the provisions of the law on the State budget;
b) the allocation of funding secured for the construction of the text and improve the legal system is done according to the provisions of the law on the State budget;
c) for funding support for the Agency is given the task of presiding over the drafting, evaluation, verification laws and ordinances in the program of building laws and ordinances are passed by Congress each year was as follows: on the basis of expected allocation of funding support for the Agency is given the task of presiding over the drafting assessment, investigation, law, Ordinance of the law building program, the Ordinance was passed by Congress by the Office of the National Assembly; The Finance Ministry the prime consideration for approval. After being approved by the Prime Minister, the Ministry of Finance made the funding announcement to support construction of the project laws and ordinances to the Ministry, the Agency made.
2. The use and secured funding for settlement construction and perfecting the legal system are as follows: a) the payment of the secured funding for the construction of the text and improve the legal system is done according to the equity method on the completed product is accompanied by the detailed content of the genus genus level, according to the provisions of this circular, do not need to enclose the invoice, voucher;
b) where last year the task of building and perfecting the legal system has not completed are the competent authorities to allow a transition year after the implementation of the corresponding expenditure was converted to use and settlement the following year;
c) funding secured for the construction of the text and improve the legal system for content, the corresponding expenditure item accounting of contents of State budget.
Article 7. Terms of implementation 1. This circular effect since October 9 in 2014 and replaces circular No. 201/2009/TTLT-BTC-BTP-VPCP on 02/12/2010 of the Ministry of finance, the Ministry of Justice, the Office of the Government guidance estimating, management, use and settlement of funds the State budget ensures the legal text and improve the legal system.
2. As for the cost of construction of the text and improve the legal system by 2014, the bodies, the unit actively arranged within the budget estimates by 2014 has been assigned authority to make.
3. in the implementation process if there are difficulties and obstacles, suggest the bodies, timely unit reflects on the Ministry of finance, the Ministry of Justice, the Office of Government to study the amended and supplemented accordingly./.