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Decree 26/2008/nd-Cp: Regarding The Management And Use Of State Budget Funds Secured For The Work Of The International Treaties And International Agreements

Original Language Title: Nghị định 26/2008/NĐ-CP: Về 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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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law signing, joining and implementing international treaties on June 14, 2005;

Pursuant to the law on State budget of 16 December 2002;

Basing the Ordinance signed and implement international agreements on 20 April 2007;

Considering the recommendation of the Minister of Foreign Affairs, Decree: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the guaranteed funding, estimating, management, use and settlement funding due to State budget levels for the signing, joining and implementing international treaties on behalf of the State or on behalf of the Government according to the provisions of the law on signing, joining and implementing international treaties (hereinafter referred to as the work of international treaties) and the the signing of the partnership and the implementation of international agreements on behalf of State agencies at the Central, provincial agencies, the central organ of the organization according to the provisions of the Ordinance on signing and implementing international agreements (hereinafter referred to as the work of the international agreement) 2. This decree applies 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 (hereinafter referred to as the Agency).

Article 2. Ensure principles, management and use of funds for the work of international treaties and the work of international agreements 1. Funding for the work of the international treaties, the work of the international agreement of the State authorities at the Central, provincial authority was secured from the State budget to implement international cooperation within the scope of the functions, duties and powers of the management body, in the framework of international treaties or as assigned by the State , Government.

2. Funding for the work of the international treaties, the work of the international agreements of the central organ of the Organization was secured from the State budget in the event that the Agency made international cooperation within the framework of international treaties or as assigned by the State Government; the case of the international agreements of the central organ of the Organization in order to implement other international cooperation funding for signing and implementing international agreements that are guaranteed from the financial resources of the central organ of the organization.

3. Funding for the work of the international treaties, the work of the international agreement in the budget level would then do the budget levels that guarantee and are arranged in genus estimation for the regular activities of the Agency to perform international treaties, international agreements; the case cost incurred in addition to the budget estimates shall be supplemented with the appropriate provisions of this Decree and the law on the State budget.

4. The Agency is funding the State budget to perform international treaties, international agreements are the responsibility of management, use of funds granted, proper purpose the right content, in the right mode and the level of expenditure under the provisions of this Decree and the law on financial-budget.

5. in case of 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 the law on management and use of that funding.

Article 3. Distributed funds for the work of international treaties and the work of international agreements 1. The central budget funding levels for international treaties and international agreements include: a) the funding for the work of the international treaties of the central State bodies; provincial bodies and the central organ of the Organization of the State, the Government assigned to perform international treaties;

b) funding for the work of the international agreements of Central State bodies; provincial bodies and the central organ of the Organization in the event that international agreements aimed at making international cooperation activities in the framework of international treaties or as assigned by the State, Government.

2. provincial budget funding level for the international agreement of provincial agencies in order to make international cooperation in the scope of the functions, duties and powers of provincial agencies.

Chapter II ESTIMATING, management, USE and PAYMENT of FUNDS for the WORK of the CONVENTION and the WORK of INTERNATIONAL QƯỐC the INTERNATIONAL AGREEMENTS article 4. Content expenses international treaties 1. Construction of the project, plan on negotiating, signing, ratification, accession, approval of international treaties: the genus translation organisation international treaties; the meeting Organization took comments on draft international treaties; buy, collect material; survey of practices, reviewing, comparing with international treaties in domestic law; organize seminars, meetings to get comments or review of the project, plan on negotiating, signing, phệ standard, approval, accession to international treaties in the case of international treaties have complex content, range widely applied.

2. Inspection proposed negotiation, signing, joining international treaties; assess articles in international and other activities deprived serves proposed negotiation, signing, joining international treaties: the genus 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.

3. Organization of negotiation, signing, approval, ratification, accession to international treaties: the genus negotiator organisation, welcomed the delegation of negotiators abroad; 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 other necessary expenses of serving directly the verification, approval, approve or joining international treaties.

4. The implementation of international treaties: tributary Chieu, 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; the Organization of the meeting, approving the plan, the project of implementation of international treaties; implementation of the plan of the project implementation of 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 the other necessary cost serving directly the activity make international treaties to which Vietnam is a member.

5. Inspection, monitoring, summarizing the situation of signing, joining, implementing international treaties: the genus drafting, translation of country reports on the implementation of international treaties several parties under the provisions of international treaties; test organization, active monitoring contracting, implementation of international treaties; compiling the report, the Organization of the meeting reviews the report examined, monitored, summarized the situation of signing, joining, implementing international treaties.

Article 5. Content expenses of international agreements 1. Preparation of negotiations, to sign the international agreement: the genus translation international agreements, organization of meetings, opinions on draft international agreements and other necessary costs in direct service of preparing negotiations, signed international agreements.

2. The work of the Organization, negotiating international agreements: the genus negotiator organisation, welcomed the delegation of negotiators abroad; Organization of negotiations, to sign the international agreement in the country or abroad.

3. The implementation of international agreements: the genus 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.

4. 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.

Article 6. Costs for international treaties and international agreements 1. The use of secured funding for the work of international treaties, the work of the international agreements made under the regime of financial spending on work in the country, the work of short term travel costs abroad, conferences, translation, overtime cost of stationery, printing and other costs according to the provisions of the law.

2. for 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; the case has changed the level of the financial contribution, the Agency chaired the international treaties carry opinions of the Ministry of Foreign Affairs, the Ministry of finance and the Prime Minister's decision.

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; the case has changed the level of the 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.


3. With regard to the expenses due to the nature of the work of particular international treaties, international agreements which are not yet spending provisions in the legal text, the current level of spending is done according to the instructions of the Ministry of finance.

Article 7. Created, distributed and additional cost estimation 1. The estimate of funding granted from the State budget for international treaties, international agreements work is done according to the law on the State budget and the provisions in this Decree.

2. Every year, the ministries, ministerial agencies, government agencies, other agencies are guaranteed funding from the central budget for international treaties, international agreements, based on the function, the tasks have a responsibility to set the expected planning and budgeting for the work of international treaties the international agreement, the work of the Agency; the overall synthesis on budgeting in the agency sent the Ministry of finance, Ministry of Foreign Affairs, Government Office, the Office of the National Assembly for estimating the State budget according to the provisions of the law on the State budget.

The agencies when estimating the funding for the work of the international treaties, international agreements are expected of the funds needed, enclose the base estimation sent the Ministry of finance to assess expected financial resources to ensure that the work of the international treaties, the work of the international agreement.

3. provincial agencies estimating funding from local budgets for the work of the international agreement of provincial authorities and send estimates funding for financial institutions at the same level as prescribed by the law on the State budget.

4. The base estimation often genera are assigned authority, the body responsible for allocating funding for the units performed operations in the work of international treaties, the work of the international agreement.

5. 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 and the need for additional budget estimation in the supplement budget estimation is done according to the rules the law on the State budget.

Article 8. Manage, use and settlement of funds 1. The Agency made the work of the international treaties, the work of the international agreement are responsible for the management, use and settlement of funds granted, proper purpose the right content and the level of expenditure under the provisions of this Decree and the law on financial-budget.

2. Funding for the work of the international treaties, the work of the international agreement for the actual content, the corresponding expenditure item accounting of contents State budget according to the provisions of the law on the State budget.

Article 9. Test, inspection and handling violation 1. The inspection, inspection of the management and use of funds for the work of international treaties and international agreements are made according to the provisions of the law on inspection, inspections in the field of finance and the State budget.

2. Agencies, organizations, individuals violating the provisions of this Decree shall be dealt with according to the provisions of the law.

Chapter III article 10 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect after 15 days from the date The report.

Article 11. Responsibilities to the Minister of finance is responsible for guiding and implementing this Decree.

Article 12. Responsibility of Ministers, heads of ministerial agencies, government agencies, other agencies in the Central Government, the President of the people's Committee of the central cities, is responsible for the implementation of this Decree.