Thông tư 25/2011/TT-BKHCN

CIRCULAR

REGULATION ON SPENDING CONTENT FOR IMPLEMENTATION OF DUTIES UNDER THE SCHEME FOR THE IMPLEMENTATION OF TECHNICAL BARRIER TO TRADE PERIOD 2011-2015

Pursuant to the Decree No.28/2008/ND-CP dated March 14, 2008 of the Government stipulating functions, duties, rights and organizational structure of the Ministry of Science and Technology;

Implementing the Decision No. 682/QD-TTg dated May 10, 2011 of the Prime Minister approving the project for the implementation of technical barrier to trade period 2011-2015;

The Minister of Science and Technology has stipulated the spending content for the implementation of technical barrier to trade period 2011-2015;

Chapter I

GENERAL REGULATIONS

Article 1. Scope of adjustment and subjects of application

1. This Circular specifically stipulates the spending content for implementation of duties under the scheme for the implementation of technical barrier to trade period 2011-2015 (hereafter referred to as TBT scheme) approved in the Decree No. 682/QD-TTg dated May 10, 2011 of the Prime Minister.

2. This Circular is applied to the Ministries, ministerial-level agencies and agencies under the Government concerned, People’s Committee of centrally-affiliated cities and provinces (hereafter referred to as Ministry, branch and locality) and organization, individuals to organize the implementation of duties under the TBT scheme.

Article 2. Funds for implementing duties under TBT scheme

1. The central budget balances the funds for the duties under the TBT scheme implemented by Ministries and Central agencies; the local budget balances the funds for the duties under the TBT scheme implemented by locality.

The state budget spent on the management activities of the TBT scheme; disseminating and propagandizing on TBT; improving legal basis for TBT activities; enhancing capacity of the state management agency and technical organization to serve the state management in setting up and deploying technical measures on TBT; enhancing TBT inter-branch capacity, the network of notification agencies and inquiry point of Vietnam on TBT; researching to build up and guide to apply technical measures to the enterprises to improve the efficiency of production and trading and promote import and export.

2. The science and technology development fund of enterprise makes spending on activities of organization applying technical measures on TBT to improve the efficiency of production and trading and promote import and export at enterprise; strengthening technical facility to carry out the technical measures on TBT; training, refreshing and improving awareness and skills in TBT for officials and employees of the enterprise.

3. Aid, financial sponsorships and investment from the foreign and domestic organizations and individuals and other legal capital resources used as required to implement specific duties under TBT scheme and as agreed of organization concerned.

Chapter II

SPECIFIC REGULATIONS

Article 3. The content of spending on implementation of duties under TBT scheme

1. Spending on the overall operation of the TBT scheme, including construction of action plans, implementation plans TBT scheme, information, propaganda, inspecting and evaluating implementation of the TBT scheme; conferences draft, preliminary and final review of the TBT scheme activities of the standing body; the organizational activities, project management and implementation TBT scheme.

2. Spending on implementing duties under TBT scheme prescribed in the Article 1 of the Decision No.682/QD-TTg dated May 10, 2011 of the Prime Minister approving the project for the implementation of technical barrier to trade period 2011-2015, namely:

a) Spending on reviewing, amending and supplement the legal normative documents, technical standards concerned to regulate the activities about the technical barriers to trade in Vietnam;

b) Spending on collecting information, translating documents, researching, analyzing and building technical measures, mechanism for controlling import export goods; spending on signing and implementing agreements to mutually recognize on the result of assessment in conformity with domestic and foreign partners; spending on building and taking part in information network for quick warning on goods quality among nations;

c) Spending on studying the regulations of the World Trade Organization (WTO), experience of countries in guiding and assisting enterprises to overcome technical barriers to trade, import and export of goods, and at the same time ensuring to comply with regulations in international trade; spending on dissemination, guidance and application of technical measures at enterprises.

d) Spending on surveying, studying and exchanging experiences in the country and abroad; participating in seminars, annual meeting, negotiation on TBT; spending on researching to make planning, strategies, regulations and policy; spending on organizing training courses, sending cadres, officials and employees for training and refreshing in the country and abroad on TBT;

dd) Spending on training professional and technical capacity for members of TBT interbranch and officials of TBT network in Vietnam; spending on advisory and consultative activities of TBT interbranch; spending on meetings, conferences and seminars of TBT interbranch; spending on improving technical equipment to serve the system of notification and inquiry on TBT;

e) Spending on activities of information, propagation and dissemination on means of communication; releasing informative publications, building and maintaining websites, building database (soft and hard copies) on the activities of TBT scheme.

3. Other spending directly relating to the activities of TBT scheme.

Article 4. Spending level from the state budget

1. Spending on professional activities

The spending level for implementing duties under TBT scheme complies with the current financial regulations. In order to facilitate the application of spending levels, some documents can be listed for application as follows:

a) Spending on explanation, assessment and acceptance of subjects and projects under TBT scheme implemented according to the documents: the Inter-Circular No. 44/2007/TTLT-BTC-BKHCN dated May 07, 2007 of the Inter- Ministry of Finance, Science and Technology guiding the norm and allocation fund estimates for scientific and technological subjects and projects; the Inter-Circular No. 93/2006/TTLT-BTC-BKHCN dated October 04, 2006 of the Inter- Ministry of Finance, Science and Technology guiding the funding package of scientific and technological subjects and projects using the state budget.

b) Spending on collecting and reviewing legal normative documents shall comply with the Inter-Circular No. 158/2007/TTLT-BTC-BTP dated December 28, 2007 of the Inter- Ministry of Finance, Science and Technology guiding the management and the use of funds to assist the examination of legal normative documents;

c) Spending on amending, supplementing and creating new legal normative, spending on translating documents in according to the Inter-Circular No. 192/2010/TTLT-BTC-BTP-VPCP dated December 02, 2010 of the Inter- Ministry of Finance, Justice and Government Office guiding the cost estimate, management, use and settlement of funds of the state budget to ensure the work of creation of legal normative documents and improvement of legal system.

d) Spending on reviewing, amending and supplementing the technical standards for application of technical barrier in Vietnam complies with the Inter-Circular No. 145/2009/TTLT-BTC-BKHCN dated July 17, 2009 of the Inter- Ministry of Finance, Science and Technology guiding the management and use of fund for building national and technical standards.

dd) Spending on traveling expenses and conference organization in the coutry complies with the Circular No. 97/2010/TT-BTC dated July 06, 2010 of the Ministry of Finance stipulating regulations on traveling expenses, spending on organizing conferences for the state agencies and public non-business units.

e) Spending on reception of foreign delegations and organization of international conferences complies with the Circular No. 01/2010/TT-BTC dated January 06, 2010 of the Ministry of Finance stipulating the regulations on the spending of foreign guests coming to work in Vietnam, spending on organizing international conferences and seminars in Vietnam and spending on reception of domestic guests; spending on officials taking short term business trip abroad complies with regulations in the Circular No. 91/2005/TT-BTC dated October 18, 2005 of the Ministry of Finance stipulating the regulations on traveling expenses for officials and state public servants taking short-term business trip abroad funded by the state budget.

g) Spending on training activity complies with the Circular No. 139/2010/TT-BTC dated September 21, 2010 of the Ministry of Finance stipulating the cost estimate, management and use of budget from the state budget intended for the work of training and refreshing cadres and state officials.

h) Spending on the activity of inspection, examination and control; funds reserved for assessment of the conformity with technical standards and regulations complies with regulations in the following documents: the Circular No. 06/2007/TT-BTC dated January 26, 2007 of the Ministry of Finance guiding the cost estimate, management and use of funds to ensure the work of inspection on implementation of policy, strategy, planning and plan; the Circular No. 28/2010/TTLT-BTC-BKHCN dated March 03, 2010 of the Inter-Ministry of Finance and Science and Technology guiding the management and use of funds for the state inspection on the quality of goods and products.

i) Spending on the activity to create websites complies with the Circular No. 137/2007/TT-BTC dated November 28, 2007 of the Finance Ministry stipulating the spending on website creation

k) Spending on the dissemination and education of law comply with the Joint-circular No. 73/2010/TTLT-BTC-BTP dated May 14, 2012 of the inter-ministry of Finance and Justice guiding the establishing, managing, use and accounting the budget serving the dissemination and education of law

When the documents stipulated in this Clause are superseded, amended or implemented, the spending rate on the objectives in the TBT scheme shall be make under the newer documents.

2. Spending on procurement of equipment, facilities and materials

The procurement of equipment, facilities and materials complies with the order and procedures prescribed by the current regulations of the State on tender of procurement of goods.

Article 5. Spending level from the fund for scientific and technological development of enterprise, aid capital, financing, investment of organization and individuals in the country and abroad and other legal capital sources

1. The spending level from the fund for scientific and technological development of enterprise shall be decided by the head of enterprise. In case there have not been regulations on the spending level; the regulations in this Circular may be applied.

2. The spending level from the aid capital, financing, investment and other legal capital sources are applied in accordance with agreement between organizations. In case there have not been agreement s on the spending level, the regulations in this Circular may be applied.

Chapter III

WORK OF FINANCIAL MANAGEMENT

Article 6. Estimating cost, allocating and assigning cost estimate

The estimate of cost, allocation and assignment of fund estimate to carry out the duties of TBT scheme are implemented in conformity with the Law on State Budget and guiding documents, namely:

1. Annually, at the time of estimating revenues and expenditures of the State budget, the Ministries, branches and localities will make the cost estimate to ensure the implementation of duties of TBT scheme to sum up to the estimate of the Ministries, branches and localities and submit to the competent authority for approval as prescribed, at the same time submit to the Ministry of Science and Technology in order to sum up and coordinate to implement it.

2. The allocation and assignment of estimate in accordance with regulations on financial management and decentralization of the current budget.

Article 7. Management, use and settlement of budget

1. The funds spent to implement the duties of TBT scheme are managed, used and settled in conformity with the current regulations of the Law on State budget, the documents guiding the implementation of the Law on State budget and specific regulations in this Circular.

2. The use of funds for the implementation of duties of TBT scheme must ensure full legal and valid documents in conformity with the current financial regulations and regulations in this Circular.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 8. Effect

1. This Circular will take effect since November 15, 2011.

2. During the course of implementation, if there is any problem and difficulty arising, promptly report to the Ministry of Science and Technology for study, amendment and supplement accordingly.