Who must publish the state budget of Vietnam? What are the contents of the state budget of Vietnam to be published?
Who must publish the state budget of Vietnam?
Pursuant to Clause 2, Article 15 of the 2015 Law on State Budget of Vietnam stipulating as follows:
Publishing of state budget
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2. Publishing of state budget procedures:
a) Collecting authorities, financial authorities, and State Treasuries shall publish state budget procedures;
b) Contents to be published: regulations on procedures for declaration, collection, payment, exemption, reduction, deferral, refund of payments; advanced payment, amounts allocated and paid to state budget;
c) The publishing may be carried out by posting at transaction places and on websites of the aforementioned agencies.
Thus, collecting authorities, financial authorities, and State Treasuries shall publish state budget procedures.
Who must publish the state budget of Vietnam? What are the contents of the state budget of Vietnam to be published?
What are the contents of the state budget of Vietnam to be published?
Pursuant to Clause 1, Article 15 of the 2015 Law on State Budget of Vietnam stipulating as follows:
Publishing of state budget
1. State budget estimates that have been submitted to the National Assembly and the People’s Councils; State budget estimates that have been approved by competent authorities; reports on state budget enactment; state budget statements approved by the National Assembly and the People’s Councils; estimates, enactment reports, statements of budgets of budget estimate units, organizations funded by state budget, fundamental construction programs/projects funded by state budget must be published in accordance with regulations below:
a) Contents to be published include: data and description of state budget estimates been submitted to the National Assembly and the People’s Councils; state budget estimates made by competent authorities; use of state budget, and state budget statements; implementation of proposals of State Audit Office of Vietnam; except for detailed data and description related to national defense, security, and national reserve;
b) State budget shall be published in one or some of the following manners: announcement at meetings; posting at offices; issued in publications; written notifications to relevant organizations and individuals; posting on websites; announcement through the media;
c) Every state budget estimate must be published within 05 working days from the day on which it is sent by the government to members of the National Assembly or by the People’s Committee to the People’s Council.
Reports on state budget estimates approved by competent authorities, state budget statements approved by competent authorities, result of state budget audit, result of implementation proposals of State Audit Office of Vietnam must be published within 30 days from the day on which they are issued.
Quarterly and biannual reports on state budget enactment must be published within 15 days from the ending day of the quarter or half-year period.
The annual report on state budget enactment must be published when it is submitted by the government to the National Assembly at the mid-year meeting of the next year.
Thus, the contents to be published include:
- Data and description of state budget estimates been submitted to the National Assembly and the People’s Councils; state budget estimates made by competent authorities; use of state budget, and state budget statements;
- Implementation of proposals of State Audit Office of Vietnam; except for detailed data and description related to national defense, security, and national reserve.
What acts are prohibited in the state budget sector?
Pursuant to Article 18 of the 2015 Law on State Budget of Vietnam stipulating the prohibited acts in the state budget sector as follows:
- Misusing position or power to appropriate state budget; irresponsibility that causes losses to state budget.
- Collecting revenues against regulations of tax laws and other regulations of law on collection of revenues; incorrectly distributing sources of revenue between various levels of state budget; improperly retaining state budget revenues; collecting revenues against the law.
- Spending without budget estimates except for the case in Article 51 of the 2015 Law on State Budget of Vietnam; Spending against given budget estimates; spending against regulations, standards, and limits on expenditure, or on improper purposes; making expenditures against the law.
- Deciding investment in programs/projects funded by state budget ultra vires or without determined capital sources.
- Taking loans against the law; taking loans beyond the state budget capacity.
- Using state budget to grant loans, make advanced payment, or contribute capital against the law.
- Delaying enactment of budget expenditures while all conditions prescribed by law have been satisfied.
- Doing accounting against accounting regulations and list of state budget entries.
- Making, submitting state budget estimates or statements behind schedule.
- Approving state budget statements against the law.
- Using the state budget fund at a State Treasury beyond the budget estimate approved by a competent authority, except for the case of temporary funding or advance funding from next year’s budget prescribed in Article 51 and Article 57 of the 2015 Law on State Budget of Vietnam.
Nguyễn Thị Hồng Nhung
