Nghị định 123/2004/NĐ-CP quy định về một số cơ chế tài chính ngân sách đặc thù đối với Thủ đô Hà Nội

DECREE

OF THE GOVERNMENT NO.123/2004/ND-CP DATED MAY 18, 2004 DEFINING A NUMBER OF FINANCIAL MACHANISMS OF SPECIFIC STATE BUDGET FOR HANOI CAPITAL

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Law on State Budget dated December 16, 2002;

Pursuant to the Ordinance on Capital dated December 28, 2000 of the Standing Committee of the National Assembly;

Pursuant to the Official Dispatch No. 212/NQ-UBTVQH11 dated March 22, 2004 of the Standing Committee of the National Assembly;

At the proposal of the Minister of Finance,

DECREES:

Chapter 1:

ON BUDGET MANAGEMENT OF HANOI CAPITAL

Article 1.

1. Revenue sources and spending tasks of Hanoi capital budget are allocated in accordance with the regulations of the Law on State Budget. Municipal People's Committee submits to the Municipal People’s Council for decision to decentralize revenue sources and specific spending tasks between budgets at the levels of cities (cities, districts, wards and communes) in accordance with the regulations of the Law State Budget and suitable to the actual situation and requirements of economic - social development, assurance of security and defense, security, social order and safety of the city. As for the communes, towns’ budgets, they comply with the provisions of point b, clause 1, Article 34 of the Law on State Budget.

The State prioritizes the investment on the budget and other financial resources to develop economy – society of city for the city to play a role as a political - economic - social center of the region and the whole country.

2. Every year, based on budget estimates assigned by the Prime Minister and the guidance of the Ministry of Finance, the People's Committees of Hanoi city submits to the People's Council of the city for deciding: the estimate of revenues and expenditures of the municipal budget; allocation of tasks of revenues and expenditures for each agency or unit of municipal-level budget; the additional numbers from the municipal budget for the inferior-level budget in accordance with the requirements of social - economic development of the city ​​and ensuring the implementation of general orientation of the state budget.

3. For efficient use of land fund managed by the city, city People's Committee may be advanced from the city budget or from the mobilization source according to regime providing for the construction projects of technical infrastructure of investment mission of state to hold auction of land use right, after the auction of land use rights is conducted, it will be withdrawn to refund the budget or return the mobilization funds.

Article 2. Percentage (%) dividing the revenues is divided between the central budget and municipal budget due to the Government submitting to the National Assembly Standing Committee for decision; stabilization time of dividing percentage (%) shall be submitted by the Government to the National Assembly for decision.

Article 3.

1. Every year, if there is an increase in central budget’s revenue compared to the estimate assigned by the Prime Minister from the revenues dividing between central budget and municipal budget as stipulated in clause 2, Article 30 of the State Budget Law, municipal budget is rewarded 30% of the increased revenue, but not exceeding increased revenue compared to the implementation level of previous year.

2. The central budget supplements with goal for the city corresponding to the total central budget revenue increase compared to the estimate assigned by the Prime Minister for the revenues dividing between central budget and remaining municipal budget (after making reward to be in excess of revenue in accordance with provision in clause 1 of this Article) and the corresponding level of overall revenue increase compared to the estimate assigned by the Prime Minister of the central budget revenues enjoying 100 %, excluding the revenues: the VAT of imported goods; the revenues which the management city is not allocated for collecting, the revenues which are not arisen in the area of ​​Hanoi, but they are only settled to remit in Hanoi city; the cost-accounting for revenues and expenditures and the revenues are retained in the unit for management spending through the State budget as prescribed by law.

3. Based on the rewards and additional sources with goal from increased revenue source prescribed in clause 1, clause 2 of this Article, the municipal People's Committee submits to the City People’s Council for deciding: the investment in the construction of the infrastructure works; repayment of the mobilization; and implementation of important tasks to develop economy - society, ensure defense, security, social order and safety of the capital and reward the inferior-level budget.

Chapter 2:

ON MOBILIZATION OF FINANCIAL RESOURCES FOR INVESTMENT IN HANOI CAPITAL

Article 4.

1. The Government prioritizes to allocate official development assistance (ODA) for the Capital to invest in the programs, projects to build the system of urban technical infrastructure, environment, and public welfare.

2. The allocation of investment capital for projects funded with official development assistance (ODA) is implemented by the following principles:

a) For ODA projects invested by budget:

- For the projects, works due to ministries and central agencies to be the project owner, work owner, the allocation of capital shall be guaranteed (including counterpart funds) by the central budget.

- For the projects, works due to the municipal People's Committee to be the project owner, the City shall allocate from the municipal budget resources to ensure the counterpart funds of the projects, works.

b) For ODA projects loaned for re-lending, prioritized to allocate capital for investment projects likely to recover funds, production projects of export commodities which are highly competitive in the international market.

3. Specific level of capital allocation of official development assistance (ODA), capital for implementing the programs and projects for the Hanoi city is balanced in the state budget every year submitted by Government to the National Assembly for decision.

Article 5.

1. Hanoi city is entitled to mobilize domestic investment capital through the form of issuing local government bonds, and other mobilization forms as prescribed by law; the city budget is responsible for payment of principal, interest, and related expenses.

2. Hanoi city is entitled to mobilize foreign loans for investment in infrastructure development of the task of the municipal budget spending under the principle: the municipal People's Committee set up plans, finds loan source and consult the Ministries: of Finance, Planning and Investment, State Bank of Vietnam before submitting to the Prime Minister for consideration and decision under the mechanism that government loans for lending the city to implement the projects, works at the request of the municipal People's Committee. The city is responsible for allocating funds from the municipal budget to pay principal and interest as prescribed by law.

3. The total outstanding of mobilization capital sources for investment in the projects and works of the investment task of the municipal budget in clause 1, clause 2 of this Article not exceeding 100% of the total budget capital of basis construction investment of the municipal budget under estimates decided annually by the municipal People's Council (not including mobilization capital source of investment in the projects in accordance with the law regulations, investment capital from additional sources with unstable target from the central budget to the municipal budget (if any)).

Article 6. The mobilization of investment capital to build infrastructure within the municipal budget scope provided for in Article 5 of this Decree shall be implemented as follows:

1. When wishing to raise investment capital, the city People's Committee makes plan and submit to the city People's Council for decision in accordance with the law regulations.

2. Mobilization of investment capital for the works and projects must ensure the principles: works, projects using investment mobilization capital must ensure economic - social effectiveness; investment works, projects on the list of investment in 5-year plan which has been decided by the city People’s Council; works, projects which had investment decisions of the competent authority. The city must allocate to balance the local budget to pay off the debt when due.

Article 7. In addition to raising funds for the works, projects of subject to investment from the budget capital as stipulated in Article 5 of this Decree, for other projects likely to recover capital, the People's Committee of the city decides or submits to the competent authorities to decide in accordance with the law regulations on the mobilization of investment in the forms: of BOT (build - operate - transfer), BTO (build - transfer - operate), BT (build - transfer) and other forms. Implementation of financial solutions is to support investment loan interest rates, to offset a part of the difference between costs and service price as prescribed by law.

Article 8. People's Committee of Hanoi city may decide to receive the non-refundable aids for the city regardless of the size of aids; particularly for the aids related to religion, defense, security, it must be reported to the Prime Minister for decision; Chairman of city People's Committee is responsible for receiving, managing and efficiently using these aids, conducting the cost accounting, settlement regime in accordance with law regulations; periodically to report to the Ministry of Finance, Ministry of Planning and Investment for monitoring, supervising and synthesizing to report to the Prime Minister.

Chapter 3:

IMPLEMENTATION ORGANIZATION

Article 9.

1. Minister of Finance guides the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, chairmen of People's Council and People's Committee of Hanoi city are responsible for the implementation of this Decree.

Article 10.

1. Other contents on the implementation of the state budget not provided for in this Decree shall comply with the State Budget Law and Decree No.60/2003/ND-CP of June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law.

2. This Decree takes effect 15 days from its publication in Official Gazette.

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