Thông tư 01/2017/TT-BKHĐT lập kế hoạch đầu tư cấp xã các chương trình mục tiêu quốc gia

CIRCULAR

Providing guidance on the commune-level investment planning process for the implementation of national target programs

Pursuant to the Law on Public Investment No. 49/2014/QH13 dated June 18, 2014;

Pursuant to the Government's Decree No. 136/2015/ND-CP dated December 31, 2015, guiding the implementation of a number of articles of the Law on Public Investment;

Pursuant to the Government's Decree No. 77/2015/ND-CP dated September 10, 2015, on annual and medium-term public investment plan;

Pursuant to the Government’s Decree No. 116/2008/ND-CP dated November 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Pursuant to the Prime Minister's Decision No. 41/2016/QD-TTg dated October 10, 16, promulgating the regulation on management and administration of the implementation of national target programs.

At the proposal of the Director of the Department of Agricultural Economy;

The Minister of Planning and Investment hereby promulgates the Circular providing guidance on the commune-level investment planning process for the implementation of national target programs:

Article 1. Scope of regulation and subjects of application

1. This Circular provides guidance on the commune-level investment planning process for the implementation of medium-term and annual national target programs (hereinafter referred to as the commune-level investment plan).

2. This Circular applies to agencies, organizations, and individuals involved in the implementation of commune-level investment projects under national target programs.

Article 2. Grounds for formulation of the commune-level investment plan

1. Local socio-economic development plans, relevant master plans, and commune-level new-style rural area building schemes approved by competent authorities.

2. Objectives, target groups, and criteria of national target programs. Priority shall be given to projects associated with production development and income enhancement for the population.

3. Performance of the previous period’s socio-economic development plan and national target programs.

4. Needs and projected capacity for balancing capital sources (central budget, provincial-, district-, and commune-level budgets, people’s contributions, and other lawful funding sources) for the implementation of national target programs.

Article 3. Principles for formulation of the commune-level investment plan

1. Participation of organizations and residential communities in villages and communes.

2. Democratic, public, and transparent implementation.

3. Assurance of the balancing capacity of resources at all levels and the resource contribution capacity of the community.

Article 4. Contents of the commune-level investment plan

1. The situation of implementation of the commune-level investment plan of the previous period.

2. Investment objectives and orientations in the medium-term/annual plan.

3. Solutions and recommendations.

4. List of investment projects.

The template for the commune-level investment plan is provided in the Appendix to this Circular.

Article 5. Investment planning process

1. Planning units

a) The village planning team (village or equivalent unit such as hamlet, residential group, etc.) shall consist of 3 to 5 members, headed by the village head, who shall propose additional members. In case where equivalent organization has already been recognized, such organization shall serve as the village planning team.

After its establishment, the head of the village planning team shall report to the commune-level People’s Committee and announce the list of team members via the village loudspeaker system or by other means of communication to the residents of the village. Where necessary, the commune-level People’s Committee may provide opinions on the adjustment or supplementation of members of the village planning team.

b) The commune-level management board for the implementation of national target programs (hereinafter referred to as the commune management board) shall be the commune-level planning unit.

2. Preparation for planning

a) Based on the guidance from superior levels on public investment planning:

The provincial-level Department of Planning and Investment shall assume the prime responsibility for, and coordinate with, the provincial-level Department of Finance in, providing guidance to subordinate agencies and units on the organization and implementation of commune-level investment planning; projecting state budget funds and other funding sources to support communes in implementing national target programs.

District-level People’s Committees shall project the district-level budget and other lawful funding sources to support communes in implementing national target programs.

b) The commune management board shall perform the following tasks:

Inform the village planning teams of the commune’s projected budget, the projected amount of support to villages (if any); reiterate the objectives, target groups, and investment criteria of the national target programs, and investment orientations for the planning period. The above-mentioned information shall be sent in writing to villages and publicly posted at the headquarters of the commune-level People’s Committee.

Provide guidance to the village planning teams on the method for selecting and prioritizing investment projects, and the organization of village meetings to ensure that the principles of community participation in commune-level investment planning are upheld.

3. Village-level planning meeting

Based on the guidance of the commune management board, the village planning team shall organize a village meeting with the participation of representatives of households, agencies, and organizations located in or related to the area (village meetings may be combined with other village meetings):

a) The village meeting shall be held to evaluate the implementation status, determine the needs, and select investment projects (within the village or commune), and prepare a list of investment projects to be submitted to the commune management board for consolidation into the commune-level investment plan. The commune management board shall assign representatives to attend and support the organization of the village meeting (if necessary).

The village planning team shall prepare the contents of the meeting, propose investment projects; make preliminary cost estimates and conduct initial analyses of the objectives and necessity of the investment projects to provide the community with a basis for selecting and prioritizing the projects.

b) Proposed investment projects shall be prioritized and compiled into a list of investment projects including the following details: Project name, scale, start and completion time, implementation location, total investment amount, structure of state budget funds and other funding sources, and form of implementation.

c) The village meeting shall validate the list of investment projects where:

More than 50% of the total number of household representatives in the village or those authorized by the households attend the meeting;

More than 50% of the attendees agree with the list of investment projects.

In case the village meeting cannot be held, the village planning team shall distribute opinion collection forms regarding the list of investment projects to households, ensuring that more than 50% of the total number of households in the village agree.

d) Upon conclusion of the village meeting, the village planning team shall submit the list of investment projects, the meeting minutes, and other accompanying documents to the commune management board.

4. Drafting of the commune-level investment plan

Based on the grounds and principles for formulation of the commune-level investment plan and the proposals from the villages, the commune management board shall draft the commune-level investment plan in accordance with Article 4 of this Circular.

The commune management board may propose additional inter-village projects where necessary.

5. Commune-level planning meeting

The commune-level planning meeting shall be held for the purpose of selecting, prioritizing investment projects, and finalizing the commune-level investment plan; the order of project prioritization shall comply with Clause 4, Article 54 of the Law on Public Investment.

Participants of the meeting shall include the commune management board and the heads of village planning teams. Meeting participants shall discuss and vote to adopt the commune-level investment plan, ensuring that more than 50% of the participants agree.

6. Organization of community consultation

a) The draft commune-level investment plan shall be reported by the commune management board to the commune-level People’s Committee, then publicly announced at the headquarters of the commune-level People’s Committee; and sent to the village planning teams to organize meetings with households, organizations, and social associations in the villages to discuss and gather feedback.

The opinions of organizations and individuals shall be compiled by the village planning teams and submitted to the commune management board.

b) The draft commune-level investment plan, after incorporation of comments from organizations and individuals, shall be further discussed at the commune-level planning meeting for continued revision and reporting to the commune-level People’s Committee.

7. Consultation with superior authorities and consolidation of the commune-level investment plan

a) The commune-level People’s Committee shall review the draft commune-level investment plan and submit it to the commune-level People’s Council for opinion.

b) Based on the opinions of the commune-level People’s Council (or the Standing Committee of the commune-level People’s Council), the commune-level People’s Committee shall direct the finalization of the draft commune-level investment plan and submit it to the district-level People’s Committee for comments.

c) Based on the comments of the district-level People’s Committee, the commune-level People’s Committee shall finalize the commune-level investment plan, submit it to the commune-level People’s Council for approval, and subsequently send it to the district-level People’s Committee for consolidation into the district-level public investment plan in accordance with the Law on Public Investment and Decree No. 77/2015/ND-CP.

Article 6. Time frame and funding for implementation

1. The time frame for implementing the commune-level investment plan shall comply with the Law on Public Investment and the guidance of superior authorities.

2. Funding for organizing and implementing the formulation of the commune-level investment plan shall be sourced from decentralized non-business funds and non-business funds of national target programs allocated to local authorities for management in accordance with the Law on the State Budget.

Article 7. Responsibilities of People’s Committees of provinces and centrally run cities

1. To review and revise relevant local regulations on commune-level investment planning (if any) to ensure conformity with the provisions of this Circular.

2. To direct the provincial-level Department of Planning and Investment to assume the prime responsibility for, and coordinate with relevant agencies in, supervising, evaluating, and providing detailed guidance to district- and commune-level authorities on the organization and implementation of commune-level investment planning as prescribed in this Circular.

3. To direct the provincial-level Department of Finance to develop cost norms for supporting the organization and implementation of commune-level investment planning in accordance with local conditions, and to report to the provincial-level People’s Committee for submission to the provincial-level People’s Council for promulgation.

4. Before March 31 every year, the provincial-level People’s Committee shall report on the organization and implementation of this Circular in the previous year to the Ministry of Planning and Investment for consolidation and monitoring purposes.

Article 8. Effect

This Circular takes effect from February 2, 2017.

Any difficulties arising in the course of implementation should be reported in writing to the Ministry of Planning and Investment for consideration and settlement./.

* All Appendices are not translated herein.