Revision to the state budget estimates in 2022 and revision to the Medium-term public investment plan of the period from 2021 to 2025 in Vietnam

What are revision to the state budget estimates in 2022 and revision to the Medium-term public investment plan of the period 2021 - 2025 in Vietnam?

In Article 2, Resolution 69/2022/QH15 (effective from December 26, 2022) stipulates revision to the state budget estimates in 2022 and revision to the Medium-term public investment plan of the period 2021 - 2025 as follows:

1. Add 1.707,58 billion VND of revenue from the Oil and gas prospecting and exploration fund at Vietnam National Oil and Gas Group to state budget revenue and expenditure estimates in 2022 at request of the Government under Presentation No. 31/TTr-CP and Report No. 32/BC-CP dated October 16, 2022. The Government shall be responsible for accuracy of the data; paying and finalizing as per the law when making state budget revenue and expenditure. State audit shall audit as per the law.

2. Add 7.265 billion VND of Medium-term public investment plan with foreign capital and central government budget funding sources for the period of 2021 - 2025 to Ministry of Transport from unallocated central government budget in order to fund 1 project where Vietnam Infrastructure Development and Finance Investment Joint Stock Company acts as project developer and which has been permitted by the National Assembly to convert on-lend capital and Government guarantee into capital for dispensing of state budget according to Resolution No. 63/2022/QH15.

3. Add 31.392 billion VND of investment expenditure estimates with foreign capital to Ministry of Transport while increasing state budget deficit in 2022 in order to prepare for capital plan of 5 projects in 2022, including: 1 project where Vietnam Infrastructure Development and Finance Investment Joint Stock Company acts as project developer, and 4 projects where Vietnam Expressway Corporation acts as project developer which have been permitted by the National Assembly to convert on-lend capital and Government guarantee into capital for dispensing of state budget according to Resolution No. 63/2022/QH15.

4. Permit the use of debt repayment estimates of the central government budget in 2022 to settle all due foreign loans of the Vietnam Expressway Corporation and all advance principal and foreign loans of the Vietnam Infrastructure Development and Finance Investment Joint Stock Company that have been converted to capital for dispensing of state budget as per the law. The Government shall be responsible for the incurred amount and settling, finalizing as per the law.

5. Permit the extension of disbursement period of investment and professional capital of the central government budget in 2022 (including plan for 2021 that has been extended to 2022) of 3 National target programs that have been distributed by the Standing Committee of the National Assembly under Resolution No. 517/NQ-UBTVQH15 dated May 22, 2022 and not disbursed to the end of December 31, 2023.

6. Permit the inclusion of central government budget-funded investments generated from the handling and rearrangement operations of housing and land conducted by ministries and central authorities in the annual state budget estimates on the basis of realistic revenue capacity and report to the National Assembly.

7. Regarding the revision of Medium-term public investment plan funded by central government budget among internal tasks and projects of each Ministry, central authority, and local authority, the Law on Public Investment shall be adequately adhered to. If internal shift changes total capital of the Medium-term public investment of 2021 - 2025 of a field or sector, immediately report to the National Assembly, and in cases of emergency or during the interval between meetings of the National Assembly, the Government shall consolidate and report to the Standing Committee of the National Assembly in order to present to the National Assembly in the next meeting.

8. Regarding the replacement or addition of new tasks and projects in the Medium-term public investment plan of 2021 - 2025 compared to the list reported to the National Assembly by the Government in the 1^st Meeting of the 15^th National Assembly, the Government shall request the National Assembly to consider, and in cases of emergency or during the interval between meetings of the National Assembly, the Government shall report to the Standing Committee of the National Assembly for remarks prior to allocating capital for medium-term public investment for the period of 2021 - 2025 and present to the National Assembly in the next meeting.

9. From 2022, the central government budget shall receive 100% of revenues generated by electronic commerce and business activities that utilize digital platforms, cross-border services, and other services registered by foreign service providers which register their taxpayer identity, declare tax, and pay tax via website of the General Department of Taxation.

10. The Government shall develop solutions for allocating the remaining capital of the Medium-term public investment plan, the Program for socio-economic recovery and development in order to fund projects in the Program as soon as they are eligible as per the law and request the Standing Committee of the National Assembly to make remarks before March 31, 2023. Once the time limit is reached, any unallocated capital of the Medium-term public investment plan shall be transferred to provision of the Medium-term public investment plan whereas the remaining capital of the Program for socio-economic recovery and development shall not be allocated further.

What are responsibilities of assignment of the Government in state budget estimates for 2023 in Vietnam?

Article 4 of Resolution 69/2022/QH15 (effective from December 26, 2022) stipulates that responsibilities of assignment of the Government in state budget estimates for 2023 as follows:

1. Concentrate on implementing fiscal policies appropriately, effectively, and promptly in order to adapt to complicated shift in and out of Vietnam, maintain macroeconomic, control inflation, boost growth, and ensure major balances of the economy.

2. Continue to finalize state budget revenue system, enhance revenue management, restructure revenue sources in order to maintain sustainability; research amendment, addition, and improvement of tax administration regulations, especially in new and emerging business sectors in the digital economy and cross-border transactions, etc. ensure sufficient, adequate, and timely collection of fees, charges, taxes, and other collectibles to the state budget. If central government budget revenues in 2023 exceed the estimates, the Government shall request the Standing Committee of the National Assembly to allocate resources in order to implement salary reform as per the law and reduce state budget deficit. Consolidate and submit reports on implementation of Resolution No. 94/2019/QH14 of the National Assembly to the National Assembly in the meeting by the end of 2023.

From 2023, the Government shall develop mechanisms for monitoring tax declared and paid by foreign suppliers with respect to revenues generated by provision of goods and services for individuals and enterprises in Vietnam in order to assess, improve, and ensure the implementation of tax administration policies on foreign suppliers.

Closely monitor VAT, import duty, and export duty refund; continue to implement administrative reforms pertaining to tax, promote digitalization of tax administration; strictly implement regulations and law on auctioning when transferring, leasing public property, assigning land, and leasing land as per the law.

Immediately implement solutions for promoting equitization and divestment of state capital in enterprises in 2021 - 2025, associate leading individuals with responsibilities; aim towards approving and revising scheme for enterprise restructuring; fully promulgate guiding documents in order to create the legal basis for implementation.

Research and improve financial regulations in land in accordance with Resolution No. 18-NQ/TW dated June 16, 2022 of the 5^th Meeting of the 13^th Central Executive Committee in order to ensure mutual benefits between the Government, land users, and investors; adopt solutions for reasonably and effectively regulating revenues generated by land levy and land rents between central government budget and local government budget; adopt solutions for reinforcing and improving leader role of central government budget.

3. Enforce discipline and order, emphasis responsibilities of leading individuals in managing and using finance, budget; regulate state budget expenditure closely, economically, and effectively; cut all unnecessary expenditure, thoroughly reduce recurrent expenditure; only promulgate policies that increase budget expenditure when necessary and adequate resources present; allocate and distribute estimates in a timely manner in accordance with the Law on State Budget; increase investment preparation quality, remediate the tardiness in implementing public investment projects and disbursement of public investment; strictly reroute capital of projects behind progress to more capable projects with disbursement potentials, minimize transfer of funding sources; review all responsibilities involved in low disbursement of public investment

Direct research and adjustment of expenditure, prioritize expenditure on regular maintenance, preservation, especially in the field of transport; promulgate economic, technical norms and assessment criteria and standards of public services, regulations on monitoring, supervising, and controlling quality of services, effectiveness of public service providers in order to serve as the basis for developing unit price, order plans, and assigning public service providers with tasks.

Adopt effectively solutions for improving quality of proposal, preparation, and approval of ODA projects, develop specific plans for implementation for each stage, research solutions for cases where capital is returned due to subjective reasons.

4. Continue to direct ministries, central government authorities, and local government authorities to downsize, rearrange organization structure; improve management regulations, financial regulations, reorganize systems of public service providers, reduce direct support from state budget for public service providers.

5. Extensively coordinate anti-wasteful and efficient practice; increase inspection and examination, process responsibilities of organizations and individuals in complying with regulations on anti-wasteful and efficient practice, and ensure effectiveness of state budget use. Prioritize implementation of relevant details under Resolutions pertaining to extensive implementation of policies and regulations on anti-wasteful and efficient practice.

6. Closely monitor central government budget deficit, local government budget deficit, and loans of local government budget. Increase inspection and examination of loan application, use of loans, and loan repayment, especially in regard to new loan agreements, foreign loan, loan under Government guarantee; assess and forecast loan default risk, solvency in order to adopt effective solutions for managing and coordinating state budget; actively implement solutions for restructuring public debt in accordance with the Law on Public Debt Management; ensure effectiveness and efficiency when repurchasing, swapping, or selling Government bonds; govern expenditure on issuing, repurchasing, swapping, and selling Government bonds within the expenditure estimates on interest repayment of central government budget in 2023 decided by the Government.

7. Provide specific guidance on implementation of Clause 1 and Clause 2 Article 3 hereof.

What are supervising and auditing implementation of state budget estimates in Vietnam?

Article 5 of Resolution 69/2022/QH15 (effective from December 26, 2022) stipulates supervising and auditing implementation of state budget estimates as follows:

1. Standing Committee of the National Assembly, Finance and Budget Committee, Council for Ethnic Affairs, and other Committees of the National Assembly, the National Assembly deputies’ delegations, National Assembly deputies, Vietnamese Fatherland Front, and member organizations, within their tasks and powers, shall supervise the implementation of this Resolution.

2. State audit, within their tasks and powers, shall audit the implementation of this Resolution to ensure compliance with the law.

Best Regards!