The proposal on the arrangement of the medium-term public investment plan for the period 2021-2025 for public investment projects using foreign capital from the central budget that have been disbursed since 2019 and have not been accounted for in the state budget was presented by Minister of Finance Nguyen Van Thang. Accordingly, the capital construction projects with foreign capital that have been disbursed but have not been accounted for in the state budget are mainly due to the special nature of foreign loan disbursement and changes in policy mechanisms.
In order to have a legal basis to handle foreign capital capital construction items that have not been recorded as revenue or expenditure in the state budget, the Government submits to the National Assembly for consideration and permission to arrange the medium-term public investment plan using foreign capital from the central budget for the period 2021-2025 for ministries, central agencies and localities to record revenue and expenditure for state budget items disbursed from 2019 and earlier.
The Government submitted to the National Assembly and the National Assembly Standing Committee for consideration and decision to allow the allocation of VND 4,390,042 million from the reserve fund for the medium-term public investment plan of the central budget (foreign capital) for the period 2021-2025 in Resolution No. 93/2023/QH15 dated June 22, 2023 of the National Assembly to arrange the medium-term public investment plan for the period 2021-2025 of the central budget capital from foreign sources for ministries, central agencies and localities to handle revenue and expenditure recording (details in Appendix II attached).
Assign the Government and the Prime Minister to direct the implementation of the additional allocation of VND 4,390,042 million from the reserve fund for the medium-term public investment plan of the central budget (foreign capital) for the period 2021-2025 to ministries, central agencies and localities according to the provisions of the law on public investment. Decide on the adjustment of the medium-term and annual public investment plan according to authority in case of continued occurrence of foreign capital that has been disbursed but has not been accounted for in the state budget capital.
The audit report presented by Chairman of the Economic and Financial Committee Phan Van Mai stated that the Standing Committee of the Committee found that from the 2016 budget year onwards, in accordance with the State Budget Law No. 01/2002/QH11, public investment capital disbursement using foreign capital was carried out according to actual progress, then revenue and expenditure were recorded in the state budget.
State Budget Law No. 83/2015/QH13, effective from the 2017 budget year, stipulates that "state budget expenditures can only be made when there is an assigned budget estimate", so the disbursement of public investment capital using foreign capital from 2017 can only be made when there is an assigned budget estimate. Cases of disbursement without an estimate are not in accordance with the provisions of State Budget Law No. 83/2015/QH13.
The Government's proposal to allocate the medium-term public investment plan for the 2021-2025 period to handle the revenue and expenditure recording of VND 4,390,042 billion without clearly identifying the disbursed capital from 2016 and earlier, the disbursed capital from the central budget for the 2017-2019 period and the reason for not clearly identifying is not enough legal basis for the National Assembly Standing Committee to consider and give opinions to submit to the National Assembly for consideration and decision at the 10th Session of the 15th National Assembly.
In the Submission, the Government mentioned special and similar cases that have been permitted by the National Assembly but are not precedents for appropriate application to the content of this Submission of the Government.
Concluding the session, Vice Chairman of the National Assembly Nguyen Duc Hai stated that after carefully reviewing and considering the Government's submission and the verification report, the National Assembly Standing Committee agreed with the recommendation of the verification agency.
Specifically, the data and content of the Government's Submission do not have sufficient legal basis and conditions for the National Assembly Standing Committee to consider the Government's proposal to the National Assembly at the 10th Session of the 15th National Assembly on arranging the medium-term public investment plan for the period 2021 - 2025 for ministries, central agencies and localities to handle the recording of revenue and expenditure for foreign capital disbursed for basic construction investment from 2019 and earlier but not yet accounted for in the state budget.
The National Assembly Standing Committee requested the Government to direct relevant ministries and local agencies to review and determine the amount of ODA loans and foreign concessional loans disbursed from 2019 onwards that have not been budgeted and the reasons for not being accounted for in accordance with regulations, and submit them to the National Assembly for consideration and decision when approving the state budget settlement. The State Audit shall conduct an audit on this content to ensure the accuracy of the settlement data.
Source: https://daibieunhandan.vn/chi-ngan-sach-nha-nuoc-chi-duoc-thuc-hien-khi-da-co-du-toan-ngan-sach-duoc-giao-10395998.html
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