Conditions for assigning the tasks of provision of public service using state budget in Vietnam

Conditions for assigning the tasks of provision of public services using state budget in Vietnam​ (Image from the Internet)

1. Conditions for assigning the tasks of provision of public services using state budget in Vietnam

Conditions for assigning the tasks of provision of public services using state budget in Vietnam according to Article 9 Decree 32/2019/ND-CP are as follows:

- The assignment of the provision of public services using state budget funds is only applicable to public service providers under the superior management agency that is allocated funding for the provision of public services.

- The assignment of the provision of public services using state budget funds to public service providers must meet all the following conditions:

+ The public service unit has the function and duty of providing public services appropriate to the public service activities assigned according to the decision of a competent authority. Additionally, for public service providers assigned tasks in fields requiring state licensing, the entity must have been licensed by a competent authority according to specialized legal provisions.

+ The public service unit has been granted financial autonomy by a competent authority according to the autonomy mechanism of public service providers in each field.

+ The provision of public service is a regular annual duty of the unit, which has been and is being assigned tasks by the superior management agency.

+ The list of public services that have no established economic-technical norms and unit prices, implemented according to reasonable quantities, volumes, and costs as approved by a competent authority.

- Specific Conditions for assigning the tasks of provision of public services using state budget in Vietnam funds (if any) as stipulated in Clause 3, Article 7 Decree 32/2019/ND-CP are carried out according to the Decision of the Prime Minister of the Government of Vietnam.

2. Basis for ordering the provision of public services using state budget in Vietnam

The basis for ordering the provision of public services using state budget in Vietnam according to Article 13 Decree 32/2019/ND-CP is as follows:

- The revenue and expenditure estimates allocated by the competent authority.

- The decision of the competent authority on the list of public services using state budget funds implemented by the ordering method.

- The unit price, price of public services using state budget funds for ordering is determined based on the current economic-technical norms and cost norms of the State and decided by the competent authority according to the provisions of the pricing laws and other relevant legislation. For ordering the provision of public service conducted by public service providers, based on the pricing schedule whether fully cost-effective or not according to the autonomy mechanism of public service providers in respective fields (education and training; vocational education; healthcare; culture, sports, and tourism; information and communications; science and technology; economic services, and other services).

- In cases where the public service belongs to the list of services with fees, the fee for public service follows the provisions of the laws on fees and charges.

- Other ordering bases according to specialized legal provisions (if any).

- Based on the allocated estimates; the list of public services for ordering; the unit price, price, service fees for public service determined by a competent authority; other ordering bases (if any); the superior management agency determines the quantity, volume of public service to order from the implementing units. In case of ordering public service providers according to prices or fees that are not fully cost-effective, the state budget supports the unstructured cost portion in the public service prices or fees.

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