Laws of Vietnam

A. MAJOR OBJECTIVES AND TASKS OF THE 2005 PLAN

I. OBJECTIVES:

1. To develop the economy in a fast, efficient and sustainable manner. To mobilize to the utmost and efficiently use various resources for national development, create marked changes in quality, efficiency and competitiveness of products and the economy. To step up economic restructuring and reduce production costs in order to raise growth quality.

2. To continue to efficiently fulfill international economic integration commitments and roadmaps; to apply strong solutions to boosting export promotion in parallel with exploitation of the domestic market.

3. To continue stronger renewal in the fields of education and training, health, and culture along the direction of stepping up the socialization and raising the quality thereof. To enhance the work of scientific and technological research, develop and raise the quality of human resources, well implement policies on hunger elimination and poverty alleviation, raise the living standards of people, especially those in deep-lying, remote and ethnic minority areas.

4. To continue the organizational renewal and raise the effectiveness and efficiency of operation of State agencies. To step up the administrative reforms, to promote democracy at the grassroots levels, and enhance dialogues between local administrations and population communities.

II. MAJOR TASKS OF THE 2005 PLAN:

1. To strive to achieve an economic growth (GDP) rate of 8.0-8.5%. To continue creating necessary conditions for the economy to develop at higher rates in a stable and sustainable manner in subsequent years.

2. To develop agriculture along the direction of stepping up economic restructuring, combining agricultural production with the processing industry and market, especially the export market. To apply the results of research into new sciences and technologies, first of all the biological technology, to the production of new plant varieties and animal breeds in order to raise productivity, quality and competitiveness of agricultural commodities; to create conditions for, and launch, emulation movements among peasants in rural areas, striving to increase the production value and raise the competitiveness of farm produce. To enhance land-use planning and management. To actively prepare measures to prevent and combat natural disasters (floods, droughts, forest fires,...), take initiative in coping with all circumstances in a timely manner. To strive to increase the agricultural-forestry-fishery value by 3.5-4.0% (the production value increase by 4.5-5.0%).

3. To maintain the high industrial growth rate, renew technologies, raise the industrial production efficiency in parallel with reduction of production costs in order to raise competitiveness, sustain and develop in the course of international economic integration. To develop processing industries, especially farm produce processing and exports-producing industry. To strive to increase the industrial added value by 10.5-11.0% (the production value increase by 15.5-16.5%).

4. To develop in a diversified manner, and raise the quality of, services such as post and telecommunications, transport, tourism, finance, banking, audit, legal consultancy, labor export,. To rectify and reorganize the real estate market, increase the State's revenues from this type of service. To strongly develop the domestic market, especially rural, mountainous, deep-lying and remote markets. To strive to increase the service added value by 7.9-8.2%.

5. To step up the reorganization of State enterprises; to expand equitization of large corporations and State enterprises; to effect the issuance of bonds for a number of large corporations.

6. To take initiative and be more active in preparing and ensuring conditions for international economic integration. To continue fulfilling the signed international commitments. To well prepare conditions for accession to the World Trade Organization (WTO); to create a fair, transparent, stable, smooth and highly competitive investment and business environment in the region. To attract, and raise the efficiency of, foreign direct investment. To concentrate efforts on removing difficulties so as to speed up the disbursement of ODA capital. To strive to increase the export turnover by 12-14%.

7. To raise the national financial capability; to strive to increase the domestic accumulation rate and mobilize more than 37% of GDP for development investment; to strive to achieve the total budget revenues of 21-22% of GDP.

To continue to make healthy the monetary situation, reduce bad debts and overdue debts, and raise the quality of the banking system's services.

8. To step up the socialization in social domains, especially in education, health and culture sectors, in order to mobilize more social resources for investment in such sectors; and at the same time to improve the State management over such domains so as to raise operation efficiency and better meet people's demands.

To efficiently settle burning social issues. To reevaluate the implementation of national target programs, Program 135 and the project on planting 5 million hectares of forests in order to adjust in time policies and mechanisms for implementation and raising the efficiency of the programs. To increase investment in socio-economic development in provinces meeting with exceptional difficulties in mountainous areas in Northern Vietnam, the Central Highlands and Western Southern Vietnam. To step up labor export activities, formulate management mechanisms and policies and enhance training of labor for export. To step by step repel social evils. To take measures to minimize traffic accidents.

9. To speed up the process of administrative reform, continue perfecting the administrative institutions. To raise the ethics and capabilities of the contingent of officials and public employees. To raise the efficiency and transparency of the State's policies.

10. To continue consolidating national defense and security, combine defense and security with socio-economic development; to continue stepping up the repression of organized criminal activities; to enhance disciplines in social management.

III. TASK OF ELABORATING THE 2005 STATE BUDGET ESTIMATES:

1. The State budget revenue estimates must be accurately and adequately calculated according to law provisions on the basis of analyzing and forecasting economic growth elements as well as market changes and price fluctuations'; to take measures to encourage production and business, expand markets and increase export; to fulfill commitments of the international economic integration process; to step up the application of measures to enhance management of value added tax collection and reimbursement, prevent under-collection, combat smuggling and trade fraud.

To estimate the State budget revenues with the desirable mobilization level of 21-22% of GDP, of which the tax and charge revenues shall represent 20-21% of GDP. To strive to increase the domestic revenue estimates of the ministries, central agencies and localities (excluding the revenues from crude oil) by at least 12% over the 2004's figure.

2. The State budget expenditure estimates should focus on the performance of the following major tasks:

a/ To estimate expenditures on development investment, ensuring adequate capital for national key projects according to their execution tempo; to prioritize the increase of investment capital for socio-economic development in mountainous provinces in Northern Vietnam, Northern Central Vietnam, the Central Highlands, border areas meeting with difficulties, regions inhabited by ethnic minority people, large and populous provinces with poor infrastructures; to prioritize the allocation of capital to projects under Program 135, projects on sedentarization and resettlement of reservoir-bed areas covered by large hydro-electric power projects, project on planting 5 million hectares of forests, the State's medical examination and treatment establishments, especially at provincial and grassroots levels, project on conservation and prevention of degradation of important national cultural relics; to allocate adequate reciprocal capital to ODA-funded projects; to ensure adequate capital for planning and investment preparation; to continue allocating capital for solidification of irrigation canals, development of rural traffic and infrastructures for flood-diverging and -slowing areas, aquaculture, craft villages, tourism and marketplaces; to support trade promotion activities, supply market information and expand markets,.

b/ To estimate expenditures on the development of science and technology, education and training, culture, health and social affairs, ensuring funding for realization of regimes and policies and fulfillment of set objectives and tasks. Non-business units with revenues shall fully and efficiently implement the financial management mechanism under the Government's Decree No. 10/2002/ND-CP of January 16, 2002, the State's administrative agencies shall widely implement the mechanism of assignment of package payroll and funding under the Prime Minister's Decision No. 192/2001/QD-TTg of December 17, 2001.

c/ To estimate expenditures on implementation of national target programs (added with the national program on crime prevention and control), Program 135, project on planting 5 million hectares of forests as well as other large programs and projects, based on the overall objectives and objectives set for each period to ensure the efficient use of the budget capital source.

d/ To take initiative in allocating adequate budget and mobilize different financial sources for wage reform associated with administrative reform. The ministries, central agencies, localities and budget-using units should firmly grasp the objectives of wage reform, considering it an important task of their respective agencies, units and localities; to take measures to create sources for wage reform in each agency and unit from revenue sources permitted to be left under the prescribed regime (at least 40%, particularly for the health service, at least 35%), savings from regular expenditures, excluding wages and amounts of wage nature (at least 10%). The central budget and local budgets of all levels shall use at least 50% of the revenue increase of 2004 and the increase of the 2005 revenue estimate over the 2004 estimate to create sources for wage reform.

e/ The central budget and local budgets of all levels must set aside budget reserves according to the provisions of the State Budget Law in order to take initiative in coping with natural disasters, floods, and dealing with other urgent tasks arising beyond the estimates.

The ministries, central agencies, localities and units estimating budgets at various levels shall elaborate estimates strictly according to the prescribed norms, regimes and criteria; fully anticipate expenditure tasks which will arise in the estimation year; ensure the performance of important tasks, must not permit the happening of the situation that additional amounts are requested in the course of implementation after the budget estimates have been assigned by competent authorities.

3. Regarding the work of elaborating local budget estimates:

As 2005 is the second year of the budget-stabilizing period as prescribed in the State Budget Law, the People's Committees of all levels shall elaborate budget estimates of their respective localities on the basis of revenue sources and spending tasks already assigned to them in a stable manner; the 2005 estimates of local budgets of all levels, elaborated on the basis of the percentage (%) of revenues divided among local budgets of all levels and additional amounts allocated from the budgets of superior levels to the budgets of subordinate levels (if any), shall be stabilized at the levels decided by the National Assembly, the National Assembly Standing Committee or the People's Councils, and assigned in 2004 by the Prime Minister or the People's Committees of superior levels. Therefore, in elaborating the 2005 budget estimates, localities should adhere to the above-said 2005 State budget objectives and tasks as well as the provisions of the State Budget Law, paying attention to the following issues:

a/ The estimation of the State budget revenues in localities: On the basis of evaluating the performance of the 2004 revenue tasks (to strive to increase the domestic revenue estimates by at least 5% over the estimates assigned by the Prime Minister); the 2005 economic growth forecast and revenue sources of each branch and each field, economic establishments in localities and newly-arising revenue sources in localities, to accurately and fully calculate revenue sources in each field or each collection item according to regime. In 2005, to strive to increase the domestic revenue estimates by at least 12% over the achieved figure of 2004.

b/ The estimation of local budget expenditures must be based on the 2005 socio-economic development tasks of the localities, the current expenditure regimes, policies and norms, the State budget revenue estimates in the localities, and revenue sources enjoyed by local budgets according to decentralization. Within the local budget revenue sources already determined above, to elaborate specific local budget expenditure estimates for each spending field in the above-prescribed priority order under the provisions of the State Budget Law.

c/ For capital from land-use right transfer revenues, the localities shall arrange corresponding capital construction investment expenditure estimates for investment in socio-economic infrastructures, with their use planned right from the beginning of the year.

d/ To take initiative in calculating sources for wage reform according to the provisions of Item d, Point 2, Section III, Part A of this Directive.

e/ To elaborate estimates for mobilizing and increasing development investment sources under the Government's Decree No. 60/2003/ND-CP of June 6, 2003 detailing and guiding the implementation of the State Budget Law; and at the same time to ensure that the mobilization debt balance (including the 2005 estimated mobilized amount) shall not exceed 30% of capital construction investment expenditure estimates of provincial-level budgets (particularly for Hanoi and Ho Chi Minh cities, no more than 100%). To take initiative in allocating local budgets in order to repay fully and on time debts being borrowed or mobilized amounts, handle capital construction debts and commune budgets' debts, ensuring healthy local budgets strictly according to the prescribed regime.

f/ To estimate expenditures on implementation of national target programs (added with the national target program on crime prevention and control), Program 135 and project on planting 5 million hectares of forests (the work volume performed by localities) on the basis of the prescribed specific objectives and tasks of each target program and tempo of implementation by localities.

g/ On the basis of allocating local budgets and based on the implementation of targeted additional estimates of superior budgets in 2004, to estimate expenditures on the execution of important projects and tasks requiring targeted additions from superior budgets according to the provisions of Item b, Clause 2, Article 29 of the Government's Decree No. 60/2003/ND-CP of June 6, 2003 detailing and guiding the implementation of the State Budget Law. Capital sources from the central budget in direct support of local budgets for investment include national target programs, Program 135, project on planting 5 million hectares of forests, the East Sea-island program and other target programs under the Prime Minister's decisions (support shall be given to investment in infrastructures of border economic zones, infrastructures for tourist, craft villages, aquaculture, flood-diverging and -slowing areas, traffic roads in service of the work of border management, border embankments,...); as well as other large programs, projects and schemes.

4. Together with the estimation of budget expenditures, the ministries, central agencies, localities and budget-using units are requested to report, analyze, explain and evaluate in detail the efficiency of budget expenditures. And at the same time, to concentrate efforts on directing and organizing the settlement, examination and approval of the 2003 budget settlements strictly according to the provisions of the State Budget Law. To handle immediately outstanding problems and violations which have been detected and proposed for handling by the inspecting or auditing bodies.

B. PLAN ELABORATION TEMPO AND ASSIGNMENT OF RESPONSIBILITIES FOR IMPLEMENTATION

1. Regarding the plan elaboration tempo:

In early June 2004, the Ministry of Planning and Investment and the Ministry of Finance shall issue a circular guiding the elaboration of the 2005 socio-economic development plan and budget estimates, provide guidance on the 2005 socio-economic development framework plan and State budget estimates to the ministries, branches, localities and Corporations 91 for use as basis for the elaboration of their plans.

In June and July 2004, the ministries, branches, localities and Corporations 91 shall elaborate their 2005 socio-economic develop-ment plans and State budget estimates and report them to the Ministry of Planning and Investment, the Ministry of Finance and the agencies managing national target programs before July 20, 2004 for synthesis and submission to the Government.

In August 2004, the Ministry of Planning and Investment and the Ministry of Finance shall synthesize the 2005 socio-economic development plan and budget estimates, and at the same time propose a plan on distribution of the plan and State budget norms.

In September 2004, the Ministry of Planning and Investment and the Ministry of Finance shall report on the socio-economic development plan and State budget estimates to the Government for further submission to the National Assembly strictly according to the provisions of the State Budget Law.

Before November 20, 2004, the Prime Minister shall assign the 2005 socio-economic development plan and budget estimates to the ministries, branches, localities and Corporations 91 on the basis of the National Assembly's resolutions on the 2005 State budget estimates and tasks.

Before November 25, 2004, the Ministry of Planning and Investment and the Ministry of Finance shall provide detailed guidance thereon to ministries, branches, localities and Corporations 91.

Before December 10, 2004, the ministries, branches and localities shall decide on the plan on complete allocation of plans and budget estimates to their subordinates on the basis of tasks assigned by the Prime Minister and the guidance of the Ministry of Planning and Investment and the Ministry of Finance.

2. Regarding the assignment of responsibilities for implementation:

a/ The Ministry of Planning and Investment:

To assume the prime responsibility for, and coordinate with the Ministry of Finance in, calculating and formulating plans and major balances for use as basis for guiding the ministries, branches and localities to elaborate their 2005 plans.

To assume the prime responsibility for, and coordinate with the Ministry of Finance and the concerned ministries in, studying and formulating criteria for allocation of capital construction investment capital to ministries and central agencies in 2005; criteria for allocation of targeted additional capital on the 2005 capital construction investment expenditures from the central budget to local budgets in support of capital construction investment, national target programs, Program 135, project on planting 5 million hectares of forests, and other targeted additions, and submit them to competent authorities for decision for use as basis for the elaboration of the 2005 plans on allocation and assignment of targeted capital construction capital additions to localities.

To guide the elaboration and synthesis of the 2005 socio-economic development plan.

To assume the prime responsibility for, and coordinate with the Ministry of Finance in, projecting the development investment plans and capital construction investment capital allocation plans; coordinate with the Ministry of Finance as well as ministries and branches managing national target programs in projecting plans on allocation of capital to programs and projects. To synthesize plans on allocation of expenditure estimates to national target programs.

To work with the ministries, branches and localities on the 2005 socio-economic development plan, investment and national target programs.

b/ The Ministry of Finance:

To guide ministries, branches and localities in evaluating the implementation of the 2004 State budget estimates; elaborate budget estimates and notify the code numbers for examination of 2005 State budget revenue-expenditure estimates to ministries, branches and localities.

To assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the concerned agencies in, elaborating and synthesizing the 2005 State budget estimates; work with ministries and central agencies in elaborating budget estimates. To work with the People's Committees of the provinces and centrally-run cities at the latter's requests (according to the provisions of the State Budget Law).

c/ The ministries, State agencies and Corporations 91:

To coordinate with the Ministry of Planning and Investment and the Ministry of Finance in elaborating socio-economic development tasks and budget estimates in the fields under their respective management.

The ministries and the agencies managing national target programs, Program 135, project on planting 5 million hectares of forests as well as other large programs, projects and schemes shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and the Ministry of Finance in, working with the concerned ministries, branches and localities in evaluating the implementation of the 2005 tasks, estimates and funding allocation plans in the fields under their respective management over the past time, and send reports thereon to the Ministry of Planning and Investment and the Ministry of Finance before July 30, 2004.

The ministries and State agencies, according to their respective functions and on the basis of calculating exploitable resources, shall elaborate socio-economic criteria and propose new solutions, mechanisms, policies or regimes, or propose the amendment or supplementation of current regimes and policies, submit them to competent authorities for promulgation before the time of elaborating the State budget estimates (before July 1, 2004), and notify such to the Ministry of Planning and Investment, the Ministry of Finance as well as the concerned ministries and agencies for use as basis for the elaboration of their plans and budget estimates.

d/ The People's Committees of the provinces and centrally-run cities:

To guide, organize and direct all levels and branches in their respective localities to elaborate their socio-economic development plans and State budget estimates and report thereon to central agencies according to regulations; and at the same time to submit them to competent authorities for decision.

The Prime Minister requests the ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the provincial/municipal People's Committees to organize the implementation of this Directive.

For the Prime Minister
Deputy Prime Minister
NGUYEN TAN DUNG