Circular 133/2013/tt-Btc: The Provisions On The Management And Use Of State Budget Funds Secured For The Work Of The International Treaties And International Agreements

Original Language Title: Thông tư 129/2013/TT-BTC: Quy định việc quản lý và sử dụng kinh phí ngân sách nhà nước bảo đảm cho công tác điều ước quốc tế và công tác thỏa thuận quốc tế

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The CIRCULAR regulates the management and use of State budget funds secured for the work of the international treaties and international agreements work _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 26/2008/ND-CP dated 5 March 2008 of the Government on the management and use of State budget funds secured for the work of the international treaties and international agreements;
According to the proposal of the Director General, Finance Administration career;
The Minister of Finance issued a circular guiding the management and use of State budget funds secured for the work of the international treaties and the work of the international agreement are as follows: article 1. Scope and objects 1. This circular regulates the management, use and settlement funding due to State budget guarantee for international treaties and international agreements under the provisions of Decree No. 26/2008/ND-CP dated 5 March 2008 of the Government on the management and use of State budget funds secured for the work of the international treaties and agreements the international agreement.
2. This circular apply to ministries, ministerial agencies, government agencies, other central agencies, provincial agencies, the central organ of the Organization was granted the State budget to perform international treaties and international agreements work.
Article 2. Cost of implementation 1. Funding for the work of the international treaties, the work of international agreements in the Mission of the level would do the budget levels that guarantee and are arranged in genus estimation of normal operations of the Agency assigned responsibility for implementing the work of the international treaties, the work of international agreements; specifically: a) to the central budget to ensure funding for the work of the international treaties and international agreements include:-ensure funding for international treaties and international agreements by the Ministry, the central agencies;
-Ensure funding for international treaties and international agreements are the State, the Government assigned for provincial agencies;
b) provincial budget to ensure funding for the work of the international cooperation agreement of provincial agencies in order to make international cooperation in the scope of the functions, duties and powers of provincial agencies.
2. where the work of the international treaties, international agreements are financed from sources of official development assistance (ODA), in aid of the foreign non-governmental organizations, other organizations and individuals outside the reception, management and use of funding that is made under the provisions of Decree No. 38/2013/ND-CP on April 23, 2013 the Government's management and use of official development assistance resources, ODA and concessional loan source of donors, Decree No. 93/2009/ND-CP of September 22, 2009 by the Government about the regulations and the use of non-government foreign aid and related guidance documents.
3. where the work of the international agreements of the central organ of the Organization, in order to make international cooperation other than in the cases mentioned in paragraph 1, item 2 of this Thing, then the cost for the signing and implementation of the international agreement which are secured from the financial resources of the Central Agency , of the organization.
4. The Agency was given the responsibility of presiding to perform international treaties, international agreements have a responsibility to use the funds granted for your purposes, content, mode of current financial expenditure and the provisions of this circular.
Article 3. The operation and content of the genus for the activities of international treaties, the work of international agreements 1. The activities of the international treaties, international agreements include: a) to build the project.
b) study proposed building long-term and annual plans on signing, joining and implementing international treaties, international agreements.
c) investigation, survey and research, reviews, summarizing the practices in the process of establishment of the proposed building, drafting, propose negotiating, signing, joining international treaties, international agreements.
d) drafting international treaties, international agreements.
DD) reviews the impact of international treaties, international agreements.
e) Organization draft opinions of international treaties, the opinions of the object subject to the impact of the agreement on international trade.
g) suggestions, a draft assessment, international agreements, international treaties.
h) verify, ratify, ratify international treaties.
I) reviewing system, international treaties, international agreements serve directly for the work of the international treaty, the international agreement.
k) announced international treaties, international agreements.
l) Translation of international treaties, international agreements to foreign or foreign to the Vietnamese.
m) track, reviews the implementation of international treaties, international agreements.
2. Pursuant to the nature, the degree of complexity of each international treaties, international agreements, the Agency, the unit was given the task of presiding, made by the following: a) content of the genus perform international treaties: follow the genus content have been stipulated in article 4 of chapter II of Decree No. 26/2008/ND-CP dated 5/3/2008 of the Government on the management of management and use of funds the State budget guarantees for international treaties and international agreements work. Genus-specific content as follows:-for the construction project, plan on negotiating, signing, approval, accession to international treaties: translation organisation international treaties; survey of practices; the report reviews the suitability of international treaties with the basic principles of international law; the report reviewing the treaties along the field and assess the suitability of international treaties with domestic law; the meeting Organization took comments on draft international treaties; buy, collect material; organize seminars, meetings to get comments or review of the project, plan on negotiating, signing, joining international treaties in the case of international treaties have complex content, range widely applied;
-Expenses check proposed negotiation, signing, joining international treaties; the evaluation of international treaties, and other activities serve the proposed negotiation, signing, joining international treaties: + Buy, collect material; the Organization of the meeting, compiled the report examined the proposal to negotiate, sign, joining international treaties, report the evaluation of international treaties;
+ Other operating expenses proposed service negotiation, signing, joining international treaties: research establishment of the proposed negotiations, signing, joining international treaties; build the program, long term and annual planning of the negotiation, signing, joining and implementing international treaties; construction methods of negotiating international treaties; build a detailed outline for the draft international treaty-drafting international treaties, international treaties comments, suggestions about the approval, ratification of international treaties; building research report; construction spending report outline; the genus authority serving the international treaties, consultant appraisal of international treaties (if any); genus-level legal opinions for the international treaties, the loan agreement, the guarantee agreement;
-For organization, negotiation, approval, ratification, accession to international treaties including: negotiating organization, welcomes foreign negotiator; Organization of negotiations, to sign the international treaties in the country or abroad; the Organization of the meeting, compiled the report verified international treaties; and the other necessary cost serving directly the verification, approval, approve or joining international treaties;
-Inspection, monitoring, summarizing the situation of signing, joining, implementing international treaties: the genus drafting, translation, national reports on the implementation of international treaties; compiling the report, the Organization of the meeting reviews checking, monitoring, summarizing the situation of signing, joining, implementing international treaties;
-The implementation of international treaties: + meeting, approved the plan, the project of implementation of international treaties; the organization plans to implement international treaties; reviewing, comparing with international treaties in domestic law; organized dialogue, Conference in Vietnam or overseas to attend the Conference on the implementation of international treaties and other necessary expenses of direct service activities make international treaties to which Vietnam is a Member; legal, exemplify the international treaties; announced international treaties on the newspapers and almanacs of international treaties; advocacy, popular international treaties; buy, collect the material serves to direct the implementation of international treaties; translation of international treaties and documents serving directly the implementation of international treaties; financial contribution or annuity for international organizations established by international treaties to which Vietnam is a Member;
+ Other necessary cost serving directly the activity make international treaties to which Vietnam is a member: the genus for the posted operation of international treaties and international agreements; Statistics of international treaties.
b) genus content to perform international agreement: follow the content of the genus has prescribed in article 5 chapter II Decree No. 26/2008/ND-CP dated 5/3/2008 of the Government on the management and use of State budget funds secured for the work of the international treaties and international agreements work. Genus-specific content as follows:-preparation of negotiations, to sign the international agreement: + translation in international agreements; the Organization of the meeting took the comments on the draft international agreement; the text of the opinion of the Ministry of Foreign Affairs for the proposed international agreement;

+ Other necessary costs directly serves the preparation of negotiations, to sign the international agreement: proposed studies of negotiation, signing, international agreements; build the program, long-term and annual plans of the negotiation, conclusion and implementation of international agreements; construction scheme of negotiations; build a detailed program proposal for the draft international agreements, drafting of international agreements, the international agreement to comments; building research report.
-The Organization, negotiating, signing international agreements: the Organization negotiator, welcomed the delegation of negotiators abroad; Organization of negotiations, to sign the international agreement in the country or abroad;
-Inspection, monitoring, summarizing the situation concluded and implemented international agreements: the genus test organization, oversaw the signing and implementation of international agreements; compiling the report, the Organization of the meeting reviews the test reports, monitoring, summarizing the situation, implement international agreements;
-The implementation of international agreements: archive, copy, publish, transmit, disseminate international agreements; the organization plans to implement international agreements; the financial contribution under international agreements; the meeting held in the country or abroad on the implementation of international agreements and other necessary expenses of serving directly the implementation of international agreements.
Article 4. The level of genus 1. The content of the chi Conference organization in the country, charges for staff travel; the work cost for staff travel abroad; genus overtime, night work: follow the current regulation mode.
2. Spend reviewing domestic text and reviewing statistics, international treaties, international agreements in the field of serving directly the formulation of international treaties, international agreements: follow mode of regulation of the Ministry of finance and the Ministry of Justice on the management and use of funds for inspection , processing, reviewing, codified the legal text.
3. With regard to the research work of construction plans for the negotiations proposed to negotiate international treaties, international agreements; building research report; review of constitutionality, the compatibility level of international treaties with the provisions of the law of Vietnam; the report reviews the possibility of application of international treaties in Vietnam and recommended measures to amend, Supplement, abolition or enactment of new legal text in order to make international treaties, international agreements; the report reviews the suitability of international treaties with the basic principles of international law; the report reviewing the treaties along the field and assess the suitability of the treaties: to follow the current regulations of the Ministry of finance, the Ministry of science and technology guidelines and allocate the funding estimates for the subject, science and technology projects that use State budget corresponds to the level of genus for thematic type 1.
With respect to international treaties relating to various ministries, different fields of research, build the negotiating approach proposed for the negotiation of international treaties for each of the ministries, the field was the genus corresponds to the level of spending for type 1 research topics in the field of social sciences and the Humanities under the current rules of the Ministry of finance The Ministry of science and technology guidelines and allocate the funding estimates for the subject, science projects that use the State budget.
4. translation Expenditure (including translation in reviewing, collated the text of international treaties by Vietnamese with texts of international treaties in foreign languages); genus hosts abroad to work in Vietnam: to follow the current regulations of the Ministry of finance about the spending regime welcomes foreigners to work in Vietnam, spent organizing the Conference, International Conference in Vietnam and in-country living expenses.
5. expenses expenses announced international treaties on almanacs of international treaties; construction spending data of international treaties; costs exemplify, document printing; genus buy, collect materials; genus buy Office products serve directly for the drafting of international treaties and international agreements work: follow the actual spending vouchers, according to the contract of supply units, for the case of collected material must have valid documents (table declaration signed in the pay of the person who provided the document) on spending, the content must be approved by the authorized prior to estimation.
The printing office supplies shopping, if in an bid to then conduct the tender according to the current rules.
6. The genus propaganda, popular international treaties, international agreements: to follow the current regulation mode of propagation of popular legal education.
7. With regard to the financial contribution expenditures under international treaties, international agreements, the level of the financial contribution to be made as follows: a) the level of financial contribution by international treaties (including financial contributions, the annuity for international organizations established by international treaties , aid to foreign Governments, or other financial contribution under international treaties): are made pursuant to the provisions of international treaties, relevant international organizations, to which Vietnam is a Member; in case of change of the level of financial contribution compared to the provisions of international treaties, the Agency chaired the international treaties carry opinions of the Ministry of Foreign Affairs, the Ministry of finance and the Prime Minister decided to make the contribution base.
b financial contributions) level international agreements (including financial contributions, the annuity for international organizations established by international agreements, or other financial contribution under international agreements): are made pursuant to the provisions of the relevant international agreements currently in force; in case of change of the level of financial contribution, the Agency chaired the international agreements made taking the opinion of the Ministry of Foreign Affairs, the Ministry of finance and the Agency decided the signing of the international agreement that approved the level of the financial contribution under international agreements.
8. A number of modes, unique nature, spending to serve international treaties, international agreements: a) the genus drafting detailed outline:-with regard to the drafting of new international treaties: spending must not exceed 3 million/outline;
-With regard to international treaties amend, Supplement; international agreements drafted new: costs must not exceed 2.5 million dong/outline;
-For international agreement amends and supplements: costs must not exceed 2,000,000 VND/outline.
b) genus of drafting international treaties, international agreements:-new draft international treaties: spending a maximum of 8,000,000/draft text;
-Drafting the draft international treaties amend, Supplement; the draft international agreement: spending a maximum of 5,000,000 VND/draft text.
c) spent on the individuals involved in the meeting consulted on draft international treaties, international agreements; Seminar on negotiation plan, signed, ratified, approved, joining international treaties, international agreements; the genus authority, investment treaties appraisal of international treaties (if any):-the person chairing the meeting: 150,000 VND/person/class;
-Members attending: 100,000 VND/person/class;
-Take the opinion essay written by the participants: maximum spending 500,000 Dong/text.
d) Genus report comments; justification to absorb comments; evaluation report of international treaties; the report examined the proposal for negotiations, the signing of international treaties; the text of the opinion of the Ministry of Foreign Affairs for the proposed international agreement: spending a maximum of 1,000,000 VND/reports/text.
DD) report Spending reviews, reviews of the review, the Commissioner assessed; conferences under the orders of the presiding Editor:-with regard to the draft international treaties, a new international agreement or the alternative: spending a maximum of 1,000,000 VND/reports;
-With regard to the draft international treaty, the international agreement modifying and supplementing a number of articles: maximum spending 700,000 Dong/report.
e) reports to track the implementation of international treaties, international agreements:-track report implementation of international treaties, the international agreement, the Prime Minister, the Government, State President; report the situation to the civil law of the provisions of international treaties to enforce international commitments by the Ministry of Justice, Ministry of Foreign Affairs: maximum 8,000,000/spending reports;
Report-monitoring the implementation of international treaties, international agreements of the ministries: 5,000,000 VND/maximum spending report;
Report-monitor the implementation of international treaties, international agreements according to thematic; or irregularly: 3,000,000 Dong/maximum spending report.
g) Genus text editor comments, appraisal, assessment report text:-text comments: + for draft international treaties: the maximum spending 1,000,000 VND/text;
+ For the draft international treaty amendments and supplements; international agreements: the maximum spending 500,000 Dong/text;
-Assessment report, assessment report: + for draft new treaties or the alternative: spending a maximum of 1,500,000 Dong/reports;
+ With respect to the draft Convention of the international treaty amendments and supplements; international agreements: the maximum spending 1,000,000;
h) Genus corrects the perfect outline of the research report, a presentation, the presentation: maximum spending 500,000 Dong/modify times.
I) Genus corrects the draft international treaties, international agreements: 600,000 Dong/modify times.
k) Genus-level legal opinions for the international treaties, the loan agreement, the agreement guarantees the maximum spending Government: 4,000,000 VND/1 legal opinions (including all costs related to the work of the legal opinions such as: level editor, meeting, room documents, expert opinions and other service jobs the grant of legal opinions).

l) genus of independent expert opinions: where the proposed negotiations, signing of or accession treaties, international treaties, the evaluation recommendations, expected program drafting international treaties, international agreements; the papers, draft treaties, international agreements and other types of reports relating to international treaties, international agreements in specialized, complex field of expertise to advisory opinions, critics of the independent expert, the maximum spending is 1,000,000 VND/writing suggestions. m) spent on fostering for members directly involved in the negotiations , meeting with the partner on international treaties and international agreements to be held in the country; genus fostered for reviewing text serves international treaties signing ceremony, international agreement Vietnam visit the staff of senior leaders abroad: 150,000 VND/person/class.
n) other expenses incurred directly serving the work of the international treaties, the work of international agreements: payment according to invoice, proof of actual spending legal under provisions of the accounting Act and within the budget estimates had been delivered by the authority presiding over the implementation of international treaties , the work of the international agreement.
With respect to international treaties relating to various ministries, different sectors, the implementation of the above work for each of the ministries, the field is spent according to the costs from point a to point n clause 8 this.
Article 5. Establishment and allocation management, estimation and settlement guaranteed funding for the work of international treaties, the work of the international agreements establish, manage, allocate, payment and settlement guaranteed funding for the work of international treaties, the work of the international agreement to follow the writing guide the implementation of the law on the State budget and the following rules : 1. Estimating and allocating funds: a) estimating: – for the Ministry, the central organ: every year, the agencies, the unit was assigned to perform the work of an international treaty, the international agreement based on the content of the genus, the genus level specified in this circular and other related documents to estimating funding guarantees for the work of the international treaties and the work of the international agreement to send the governing body. Governing body General estimation of funding guarantees for international treaties and the work of the Agency's international agreements, the subdivisions sent Foreign Ministry, government offices, the Congressional Office to General, track; at the same time the overall synthesis on the budgeting of regular annual spending by ministries, ministerial agencies, government agencies sent the Finance Ministry under the provisions of the law on the State budget and guidance documents;
-For local: every year, mission base to perform international agreement in the scope of the functions, duties and powers of provincial authorities, the provincial agency estimating funding secured for the work of the international agreement from the local budget combined to estimate the budget of the Agency submitting the financial Department General estimation of expenditure on public local media reported the provincial people's Committee of the provincial people's Council for approval under the provisions of the law on the State budget and guidance documents.
Particularly for the task to perform international treaties and international agreements are the State, the Government assigned to perform (due to the central budget guarantees), provincial agencies estimating the funding guarantees for international treaties and international agreements work send Department of finance province of General synthesis on the local budget estimation (estimation section targeted supplements from the central budget to local budgets) to send the Finance Ministry Estimating aggregate annual budget process approved by the authorized under the provisions of the law on the State budget and guidance documents; Council sent the Foreign Ministry, government offices, the Congressional offices to track, aggregate.
b) distribution estimation, Executive budget estimation:-after the budget estimates are approved by the authority, the Ministry of finance making the estimation for the ministries, central agencies in funding regular annual spending and make funding for local in the form of supplements that aim to make the task of the work of the international treaties and the work of international agreements under the approved plan;
-The ministries, local execution of funding for the agencies subdivisions perform international treaties and international agreements work done (after evaluation of the opinion of the financial bodies at the same level) under the provisions of the law on the State budget and writing guide , and send the financial agencies and the State Treasury where the open trading accounts unit to coordinate implementation.
c) case should proceed to fold the operation concluded, join, implement international treaties, or signing, the implementation of international agreements at the discretion of the competent authorities that no activity in planning the work of the international treaties, international agreements, the Agency assigned to oversee the host of international treaties international agreements work, estimating the financial agencies send details to review the approval authority to advance estimates next year's budget; at the same time general content has been approved in the budget estimates next year.
2. Using and finalizing funding: a) the funding for the work of the international treaties, international agreements and settlement under the provisions of the law on the State budget and guidance documents.
b) oversee the funding of international treaties, the work of the international agreement on the accounting cost of delivery does not perform self mode and according to the chapter, type, account, item of contents State budget according to the current rules.
Article 6. Implementation 1. The costs specified in this circular is the maximum spending, based on the ability to budget and complex nature of each draft international treaties and the draft international agreement, Ministers, heads of ministerial agencies, government agencies spending provisions specifically applicable to the Agency , subdivisions; The PPC, the central city in the people's Council, the specific spending provisions applicable to these agencies, local units but not exceeding the maximum expenditure provisions of this circular.
2. This circular effect since November 10, 2013 replaced the circular No. 65/2008/TT-BTC dated 21 July, 2008 by the Ministry of Finance shall guide the management and use of State budget funds secured for the work of the international treaties and international agreements work. In 2013 the Ministry, local branches arranged in range estimation of budget year 2013 have been assigned to perform.
3. in the implementation process if there are difficulties and obstacles, the proposal reflects the units of the Ministry of finance to study, modify and supplemented accordingly./.