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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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FINANCE MINISTRY
Numbers: 129 /2013/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 18, 2013

IT ' S SMART

Regulation of management and use of a state budget budget guarantee

for international treaty work and international agreement work.

________________________

Base of Protocol 60 /2003/ND-CP June 6, 2003 by the Government Regulation and guidelines for the implementation of the State Budget Law;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Finance;

Base of Protocol 26 /2008/NĐ-CP March 5, 2008 by the Government on Management and the use of the state budget budget guarantee for international treaty work and international agreement work;

At the suggestion of the Chief Financial Officer of the Career.

The Minister of Finance issued the Information Guide to the Management and Use of the State Budget funding guarantee for international convention work and international agreement work as follows:

What? 1. The tuning range and subject apply

1. This information regulates the management, use and funding of funds provided by the state budget for international treaty work and the regulation of international agreement by regulation at the International Protocol. 26 /2008/NĐ-CP March 5, 2008 by the Government on Management and the use of the state budget budget guarantee for international treaty work and international agreement work.

2. This information applies to ministries, peer agencies, government agencies, other agencies in the Central, the provincial agency, the central body of the organization granted state budgets to carry out international treaty work and the agreement to deal with the United States. International.

What? 2. Cost of execution

1. The funding for international treaty work, the international agreement on which level of office is guaranteed by that budget, and is set up in the regular operational expenses estimate of the agencies tasked with implementing the work of the company. International treaties, international agreements; in particular:

a) The central budget guarantees the funding for international treaty work and international agreement work:

-The guarantee funding for international treaty work and international agreement work done by the ministries, the Central Authority; and

-The guarantee funding for international convention work and international agreement work is granted by the State, the Government devolve to the provincial agencies implemented;

b) The provincial budget guarantees the funding for the provincial agency ' s international cooperation agreement to implement international cooperation within the functional range, the mandate, the powers of the provincial agency.

2. The case of international treaty work, the international agreement work funded from the source of formal development assistance (ODA), the aid of foreign non-governmental organizations, other organizations and individuals abroad, the reception, management, and use of the government of the country. The source of that funding is made by regulation at the Digital Decree. 38 /2013/NĐ-CP April 23, 2013 of the Government Regulation Management and its use of the official development support of ODA and the funding source of grants of donors, Decree No. 1. 93 /2009/NĐ-CP October 22, 2009 of the Government on Management Regulation and the use of foreign non-governmental aid and related guidance texts.

3. The case for international agreement by the central agency, of the organization aimed at implementing other international cooperation not under the circumstances stated at paragraph 1, paragraph 2 This is the funding for the signing and the implementation of that international agreement secured from the treaty. the financial resources of the central organ, of that organization.

4. The Agency is tasked to host the implementation of international treaty work, the international agreement with responsibility for the use of the right to use the right, content, financial spending regime, and the provisions of this Information.

What? 3. Activity and content details for the activities of international convention work, international agreement work, and international law.

1. The activities of international convention work, international agreement work including:

a) Building the project.

b) Construction research proposes long-term and annual planning proposals on the signing, accession and implementation of international treaties, international agreements.

c) Investigation, survey and research, evaluation, implementation of the practical sum in the process of construction proposals, drafting, proposal of negotiation, sign, accession to international treaties, international agreements.

d) drafted international treaties, international agreements.

) Evaluation of the impact of international treaties, international agreements.

e) The organization took the initiative to draft international treaties, taking the initiative of the subject subject to the impact on international trade agreements.

g), the appraisal of the international agreement, the international treaty.

h) Judges, approx, approving international treaties.

i) Runder, the international regulatory system, the international agreement that serves directly for international treaties, international agreements.

) The international treaty, the international agreement.

l) International treaties, international agreements to foreign languages or from foreign languages to Vietnamese.

m) Watch, evaluate the situation that makes international treaties, international agreements.

2. The property base, the complexity level of each international treaty, the international agreement, the agency, the unit that is assigned to the task, perform the following following:

a) The content of the implementation of the international treaty:

Implementation of the genus content has been specified at Article 4 Chapter II Digital Protocol. 26 /2008/NĐ-CP The Government's March 5 March 2008, the government's budget budget guarantees international treaties and international agreements. The specific genus content is as follows:

-Chi for the project construction project, plans for negotiation, sign, approval, accession to international treaties: The Organization for International Convention; survey practices; report assessing the suitcases of international treaties with the basic principles of international law; the report sweeping international treaties with the field and assessing the suitcase of international treaties with domestic law; the organization meets with opinions on the draft of international treaties; buy, gather materials; organize seminars, meetings to take opinions or opinions on international law. Review of the project, plan for negotiation, sign, join international treaties in case the international convention has complex content, broad scope of application;

-Chi for the inspection of the proposal for negotiation, sign, accession to international treaties; appraisal of international treaties and other activities that serve the proposal for negotiation, sign, join international treaties:

+ Buy, gather materials; hold meetings, compile reports of proposed negotiation proposals, sign, join international treaties, report international treaties;

+ Chi for other activities serving the proposal to negotiate, sign, join the international treaty: The study proposes negotiation, signing, accession to international treaties; building programmes, long-term plans and years of negotiation, signing, accession, and implementation of the project. international treaty; construction of the international treaty negotiation; construction of the blueprint for the international treaty draft, the drafting of international treaties, the international treaty, and international treaty approval, and the ratification of international treaties. The subject matter; the construction site for reporting; in the service of the international treaty appraisal, the international treaty appraisal advisory (if any); the idea of intent. legal for international treaties, the loan agreement, the Government guarantee agreement;

-Chi for the organization to hold negotiation, sign, approve, be judges, ratites, join the international convention including: Organization of the Negotiation, the delegation of foreign talks; the negotiation organization, the signing of international treaties in the country or abroad; holding international meetings. a review of the inspection, compacts the report of an international treaty of inquiry; and other necessary expenses that serve directly of the inspection, approval, approval, or accession of international treaties;

-The audit, monitoring, summup of the contracting situation, accession, implementation of the international treaty: The drafting, translation, national report on the implementation of international treaties; the reporting of the report, the organization of the inspection review meetings, monitoring, sump end the situation of signing, entering, making international treaties;

-The organizational work on international treaties:

+ Organization meets with opinions, approval of the plan, the project to implement international treaties; the organization of plans to implement international treaties; review, compare international treaties with domestic law; organization of dialogue, conference in Vietnam or attend conferences in the United States. Foreign to the implementation of international treaties and other necessary costs of serving directly operating the international treaty, Vietnam is a member; in exile, the international convention, and the announcement of international treaties, and the international treaty announcement. International; propagation, dissemination of international treaties; purchase, collection of materials that serve directly to the implementation of international treaties; international treaty translation. and the direct service documentation of the implementation of the international treaty; financial contributions or dates for international organizations established under the international convention that Vietnam is a member;

+ Other essential costs serve directly to operate the international treaty that Vietnam is a member: Chi for the operation to post international treaties and international agreements; statistics international treaties.

b) The content of the implementation of the international agreement:

Implement in accordance with the specified genus content at Article 5 Chapter II Protocol 26 /2008/NĐ-CP The Government's March 5 March 2008, the government's budget budget guarantees international treaties and international agreements. The specific genus content is as follows:

-Negotiable arrangements, international agreements:

+ International agreement translation; holding meetings taking the opinion on the draft of the international agreement; the Foreign Ministry ' s opinion text on the proposal to sign the International Agreement;

+ Other essential costs directly serve the negotiation preparation, sign the international agreement: Research proposes negotiation proposal, signing, international agreement; program building, long-term and annual plans for negotiation, signing and implementation of the national agreement with the United States. Construction of the negotiation; construction of the blueprint for the draft of the international agreement, drafting the international agreement, which agreed to international agreements; the research work on the construction of the seminal report.

-Public Organization, negotiation, sign of international agreement: The Organization of the Negotiation, the delegation of foreign talks; the negotiation organization, signing international agreements in foreign or foreign;

-The inspection, monitoring, summup of the contracting situation and the implementation of the international agreement: The Expenditure Examination, which oversees the signing and implementation of the international agreement; compiled the report, which organizes the evaluation of the inspection report, the monitoring, sump. the situation of the signing, the implementation of the international agreement;

-The organization organizes the international agreement: Archives, stars, announced, propagate, disseminate international agreements; the organization implementing plans to implement an international agreement; financial contributions under international agreements; the organization meeting in the country or the country. Foreign to the implementation of international agreements and other necessary expenses to direct the implementation of the international agreement.

What? 4. Level

1. The contents of the conference in the country, which works for the staff to work in the domestic business; the work of fees for the staff to work abroad; the spending of the night, overtime, and the implementation of the existing regulatory regimes.

2. Detail in domestic text and review, statistics international treaties, international agreements in the same field of direct service construction work on international treaties, international agreements: Enforcement of the current regulatory regime of the Ministry of Finance and Ministry of Finance of the United States. The judiciary in terms of management and use of the funding for inspection, processing, and review, the legal system for the text of the law.

3. For the research work to build the negotiation method for the proposal to negotiate international treaties, the international agreement; the study of the construction of the seminal report; the report reviews the constitutid, the compatibility level of the international treaty with the rules. the Vietnamese law; the report reviews the possibility of adopting international treaties in Vietnam and the petition of revised, complementary, repeal, or promulgable legislation that rules the law to carry out international treaties, international agreements; report, media, and international law. assess the suitcase of the international treaty with the fundamental principles of international law; the report sweeping international treaties with the field and assessing the facts of the international law. conform to the International Convention: Implemutation of the current regulation of the Ministry of Finance, the Ministry of Science and the Technology of the Quantitative Guidance and the allocation of funds to the topics, the scientific project and the technology that uses the state budget that corresponds to the extent of the cost. for category 1.

For international treaties related to various ministries, disciplines, fields of study, construction of the negotiation method for the proposed international treaty negotiation proposal for each ministry, the sector, the field is spent on the level of the cost to the expert. category 1 study in the field of social science and humorology by the current regulation of the Ministry of Finance, the Ministry of Science and Technology that guide the level and allocation of funds to the topics, the scientific project has the use of state budgets.

4. The translation genus (including translation in the sweep, international reference to international treaties with the international treaty text); details of foreign unions in Vietnam: Implementuation of current regulations. The Ministry of Finance is on the spending of foreign visitors working in Vietnam, spending conferences, international conferences in Vietnam and domestic spending.

5. Clause: Details of international treaties on the yearbook of international treaties; the genus builds international treaty data; the cost of the stars, printing documents; the purchase, collection of documents; the purchase of the stationing office directly for the drafting of international treaties and the United States. International agreements: Impleminally from the actual genus, under the contract of the supply unit, for the case of collecting documents that must be valid from a valid certificate (the account signing of the supplier's money), the above spent content must be obtained. Granted permission to approve the bill prior to execution.

Printing, shopping for stationing, if a bid is a bid, does a bidding process.

6. Propaganda, disseminism of international treaties, international agreements: In accordance with the current regulatory regime on the common propaganda of law education.

7. For the financial contribution expenditures under the international treaty, the international agreement, the financial contribution level is implemented as follows:

a) The level of financial contribution under international treaties (including financial contributions, dates for international organizations established under international treaties, aid to foreign governments, or other financial contributions under international treaties): implemented base on the basis of an international treaty. into the regulation of the international convention, the relevant international organization that Vietnam is a member; in the event of a change in financial contribution compared to the regulation of the international treaty, the presiding body makes international treaties take the opinion of the Ministry of Foreign Affairs. deliver, the Ministry of Finance and the Prime Minister decide to make a donation base.

b) Financial contributions under an international agreement (including financial contribution, date for international organization established under international agreement, or other financial contributions under international agreement): implemented base on the regulation of the agreement, which is a part of the agreement. The relevant international is in effect; in the event of a change in financial contribution, the presiding agency makes an international agreement taken by the Ministry of Foreign Affairs, the Ministry of Finance and the agency that has decided the signing of that international agreement approx. The financial contribution to the international agreement.

8. Some of the regimes, the level of genus that are in particular the privilege of serving international treaty work, international agreement work:

a)

-For the new draft international convention: The maximum spending is no more than $3,000,000/offering;

-For the revised international treaty, the addition; the new draft of the international agreement: The maximum spending is no more than 2,500,000v/offering;

-For the revised international agreement, the additional: The maximum spending is no more than 2,000.000v/offering.

b) The drafting of international treaties, international agreement work:

-New drafting draft International Convention: A maximum cost of $8,000,000.

-drafted a draft of the revised international treaty, supplemally; the draft of the international agreement: A maximum cost of 5,000,000.

c) Chi for individuals who participate in the meeting take an opinion on the draft of international treaties, international agreements; seminars on negotiation plans, signs, approval, approval, accession to international treaties, international agreements; the board of the co-appraisal of the international treaty, the consultant. appraisal of international treaties (if any):

-The host of the meeting was 150,000.

-Members of attendance: $100,000.

-Take the written reference opinion of the participants ' text: The maximum cost of 500,000 per text/text.

d) The report aggregated the opinion; report the proceeds of the comment; the report of international treaties; the report examining the proposal for negotiation, signing of the international treaty; the Ministry of Foreign Affairs's opinion on the proposal to sign the International Agreement: a maximum of 1,000,000 copper/reporting/text.

) The report of the comment, the assessment of the counter-judges, the appraisal committee; the report is in accordance with the order of the editor ' s executive order:

-For the draft of the international treaty, the new or alternative international agreement: The maximum cost of 1,000,000.

-For the draft of the international treaty, the international agreement is revised, adding some things: The maximum amount of 700,000 copper/reporting.

e) The report follows the implementation of the international treaty, the international agreement:

-The report follows the implementation of the International Convention, the International Agreement for the Prime Minister, the Government, the President of the Country; reports the interlaws of the international treaty to enforce international commitments by the Ministry of Justice, the Ministry of Foreign Affairs. implementation: The maximum amount of $8,000,000 b/report;

-The report follows the implementation of the international treaty implementation, the annual periodic international agreement of the ministries, the sector: A maximum amount of 5,000,000 ng/report;

-The report follows the implementation of the international convention, the international agreement by the subject; or the breakthrough: The maximum spending of 3,000,000 ng/report.

g) The draft feedback text, the appraisal report, the text judge:

-Text:

+ For the draft International Convention: A maximum amount of 1,000,000 copper/text;

+ For the draft of the revised international treaty, the addition; international agreement: The maximum cost of 500,000 copper/text;

-appraisal report, appraisal report:

+ For the draft of the new international convention or replace: The maximum spending of 1,500,000 copper/reporting;

+ For the draft of the revised international treaty treaty, addition; international agreement: The maximum cost of 1,000,000;

h) The complete rationing of the proposal for the study of the report types, the demonstration, the presentation: The maximum cost of ¥ 500,000.

i) The rationally adjusted for international treaties, the international agreement: 600,000.

) The legal opinion genus for international treaties, the loan agreement, the Government guarantee agreement: A maximum spending of 4,000,000 dollars/1 legal opinion (including all costs associated with legal opinion-level work such as: drafting, meeting, translation, opinion, etc.) An expert in protest and other affairs serves as a legal opinion.

l) Detail independent expert opinion: The case of recommending negotiation, signing or accession of international treaties, which appraisal of the treaty, envisage, envisage the program to draft international treaties, international agreements; the program, the international treaty draft, the agreement. International agreements, international agreements, international agreements, independent experts, and other independent experts ' responses, the maximum cost of 1,000,000 people.

m) Compensation for members directly involved in the days of negotiations, meeting with the partner side on international treaties and international agreements held in the country; the fostering for the review of the document serving the international treaty, the agreement of the agreement of the treaty. The international visits to Vietnam by foreign leaders: 150,000đ/session.

n) Other expenses that arise in direct service to international treaties work, international agreement work: Payment by invoice, certification from legal entity spending by the provisions of the Accounting Law and are within the scope of the budget bill that has been delivered. of the presiding officer of the international treaty, the international agreement.

For international treaties involving various ministries, disciplines, fields, the implementation of the above work on each one, the sector, the field is spent on the level of the limb from point a to point n 8 This.

What? 5. Set up and allocate the estimate, manage and decide the funding of the guarantee for international treaty work, international agreement work.

The establishment of the bill, management, issuing, payment, and funding of funding guarantees international treaties, the international agreement to implement the implementation of the State Budget Act and the following regulations:

1. Cost and allocate funds:

a) Accounting:

-For ministries, central agencies: Every year, agencies, units are tasked with carrying out the work of international treaty work, the international agreement on the basis of the underlying content, the level of regulation at this level and the relevant documents. other to establish a funding bill that ensures international convention work and international agreement work to send the underlying governing body. The governing body sums up the funding of funding guarantees for international treaty work and the agency ' s international agreement work, the unit directly to the Ministry of Foreign Affairs, Government Office, Congressional Office for General Affairs, monitoring; simultaneously general aggregate in the United States. The Ministry of China's annual spending budget, peer-to-peer agency, the Government's agency to the Ministry of Finance according to the provisions of the State Budget Law and the manual text;

-For the local: Every year, the task base performs international agreements within the functional range, the mandate, the powers of the provincial agency, the provincial agency that sets up the guarantee funding for international agreement work from the local budget. General integration of the agency's budget bill to the Department of Finance General Department of General Finance to the local cost of the local People's Committee, the Provincial Committee of the Provincial People's Assembly approved under the provisions of the State Budget Law and the manual text.

For the task of performing international treaties and international agreement work implemented by the State, the Government devolve implemented (due to the guarantee central budget), the provincial legislature envisage the funding of funding guarantees for international and public treaties. The international agreement sends the Department of General Finance General to the local budget bill (part of the additional accounting that has a target from the central budget for the local budget) to send the Ministry of Finance aggregable to the expected annual budget bill. the approval authority under the regulation of the State Budget Law and the manual text; co-sent the State Department, Government Office, National Office. I ' m going to watch, sum up.

b) The appropriation of the bill, which approx the budget bill:

-After the budget bill is granted approved authorship, the Ministry of Finance performs an accounting for ministries, industry, central agencies in the annual spending budget and the implementation of funding for the local in the added form of a more efficient way. target to carry out the mission of international treaty work and the planned international agreement under the plan was approved;

-The ministries, the sector, the local practice of delivering the funding to the unit agencies directly implementing international treaty work and the implementation of the international agreement implementation (after having the appraisal opinion of the same-level financial agency) prescribed at the Budget Law. The state book and the manual text, the co-sent the financial institution and the state treasury where the unit opens the transaction account to coordinate the execution.

c) The case needs to proceed with the folding of contracting activities, to join, implement international treaties, or to sign, implement the international agreement under the decision of the competent agency that the operation is not yet in the international treaty planning plan, the company ' s work. The international agreement, the agency, is assigned to the implementation of the International Convention on International Agreement, which provides the international agreement to provide a detailed financial body to consider the authorship approved by the approved authorship of the following year's budget. The content of the content was approved for the next year's budget bill.

2. Use and resolve the funding:

a) The funding for international convention work, the international agreement work is used and determined by the regulation of the State Budget Law and the manual text.

b) The cost of performing an international treaty, the international agreement of agreement is to be auditated into the portion of the transaction budget that does not implement the autonomy and the program, type, paragraph, item of the state budget item according to the current regulation.

What? 6. Organization to execute

1. The regulatory levels at this level are the maximum amount, based on the ability to budget and the complexity of each international treaty project and draft international agreement, the minister, the head of the peer-to-peer agency, the government agency that regulates the level. The specific genus applies to the agencies, units of subordination; UBND, the central city of the Central Committee of the Provincial People's Council that regulates the specific costs of the agencies, the local unit, but not beyond the maximum level of regulations in the United States. Hey.

2. This message has the enforcement effect since November 10, 2013 replacing the Digital Information Act. 65 /2008/TT-BTC On 21 July 2008, the Ministry of Finance directed the management and use of the state budget budget guarantee for international treaty work and international agreement work. In 2013, the ministries, industry, and local arrangements within the 2013 budget bill were delivered to implement.

3. In the course of execution if there is difficulty entanging, suggesting units to reflect on the Ministry of Finance for research, modification, complement.

KT. MINISTER.
Captain.

(signed)

Nguyen Thu Minh