Decree No. 111/2025/ND-CP dated May 22, 2025 on amendments to Decree No. 60/2021/ND-CP on financial autonomy of public service providers
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THE GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 111/2025/ND-CP |
Hanoi, May 22, 2025 |
DECREE
AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 60/2021/ND-CP DATED JUNE 21, 2021 ON FINANCIAL AUTONOMY OF PUBLIC SERVICE PROVIDERS
Pursuant to the Law on Government Organization dated February 18, 2025 and the Law on Organization of Local Government dated February 19, 2025;
Pursuant to the Law on State Budget dated June 25, 2015; the Law on amendments to Law on Securities, Law on Accounting, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public Property, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Penalties for Administrative Violations;
Pursuant to the Law on Public Investment dated November 29, 2024;
Pursuant to the Law on Prices dated June 19, 2023;
Pursuant to the Law on management and use of public assets dated June 21, 2017;
Pursuant to the Law on Fees and Charges dated November 25, 2015;
At the request of the Minister of Finance;
The Government promulgates Decree on amendments to some articles of the Government’s Decree No. 60/2021/ND-CP dated June 21, 2021 on financial autonomy of public service providers.
Article 1. Amendments to some articles of the Government’s Decree No. 60/2021/ND-CP dated June 21, 2021 on financial autonomy of public service providers
1. Clause 2 Article 2 shall be amended as follows:
“2. Vietnam Television, Voice of Vietnam, Vietnam News Agency; public service providers affiliated to public service providers shall comply with regulations herein and other relevant laws.”
2. Some clauses of Article 4 shall be amended as follows:
a) Point a clause 3 Article 4 shall be amended as follows:
“a) Ministries and central agencies shall preside over and cooperate with the Ministry of Finance and relevant agencies in requesting the Prime Minister to decide amendments or promulgate the list of public services funded by state budget in their fields and sectors under their management. Ministries and central agencies shall promulgate detailed lists of public services to serve as a basis for bidding, ordering and commissioning (if any).”
b) Point b clause 3 Article 4 shall be amended as follows:
“b) In addition to the lists of public services promulgated according to clause 2 Article 4 of this Decree, specialized agencies affiliated to provincial People's Committees shall request provincial People's Committees to amend or promulgate the list of public services funded by state budget under their delegated management, according to the capabilities of local government state budget and within the estimated budget approved by provincial People's Councils, and submit the list to the Ministry of Finance and supervisory ministries for monitoring during the application of the list.
c) Point c clause 3 shall be added as follows:
“c) Ministries, ministerial agencies, Governmental agencies, provincial People's Committees shall, according to the list of public services in their fields and sectors promulgated by the Prime Minister or the detailed lists promulgated by supervisory ministries decide to or delegate their affiliates to select public service providers to provide public services in the form of bidding, ordering and commissioning.”
3. Clause 1 and clause 2 Article 5 shall be amended as follows:
“1. Prices of public services funded by state budget shall be determined according to law regulations on prices, economic-technical and cost norms (if any) and the roadmap for calculating prices of public services funded by state budget as prescribed in clause 3 of this Article. To be specific:
a) Salary costs constituting the public service price shall be calculated by taking into account the statutory pay rate, salary coefficients by payroll, salary grade, working position, salary-based contributions and allowances according to regulations and policies applicable to public service providers or the working position- or title-based salary and salary-based allowances as prescribed by the State; labour norms introduced by ministries, central agencies or provincial People's Committees with their jurisdiction.
b) Depreciation of fixed assets shall comply with regulations on management and use of public assets and the roadmap for inclusion of fixed asset depreciation costs in public service prices adopted by competent authorities.
2. In cases where economic - technical and cost norms (if any) are not available, prices of public services funded by state budget shall be determined in accordance with law regulations on prices”.
4. Some clauses of Article 6 shall be amended as follows:
a) Point b clause 2 Article 6 shall be amended as follows:
“b) They are allowed to decide service prices according to the market mechanism which must be enough for covering expenses and ensuring reasonable accumulated amounts. In case the provided services are included in the list of goods and services whose prices are set by the Government, such services shall be charged at specific prices stipulated by competent authorities; if competent authorities stipulate maximum prices, they may decide specific prices which must not be higher than maximum prices; if competent authorities stipulate minimum prices, they may decide specific prices which must not be lower than minimum prices; if competent authorities stipulate the price bracket, they may decide specific prices within the price bracket. Specific prices shall be decided in a manner that is consistent with grounds, principles and methods of pricing goods and services in accordance with regulations of the law on prices.”
b) Clause 5 Article 6 shall be added as follows:
“5. If multiple public service providers incur common expenses for various activities (provision of public services funded by state budget and not funded by state budget) and such expenses cannot be separated, every public service provider shall allocate expenses for each specific activity according to criteria, including revenues, expenses, quantity, volume, duration and other criteria appropriate to fields and sectors and regulations of relevant laws. Fixed asset depreciation expenses shall be allocated according to regulations issued by the Ministry of Finance on management, use, and depreciation of fixed assets.”
5. Some clauses of Article 9 shall be amended as follows:
a) Point b clause 1 shall be amended as follows:
“b) The public service provider provides public services which are not funded by state budget and of which prices are determined according to point b clause 2 Article 6 of this Decree, and include adequate fixed asset depreciation costs and accumulated amounts for covering investment expenses.”
b) Point c clause 2 shall be added as follows:
“c) The public service provider provides public services which are not funded by state budget and of which prices are determined according to point b clause 2 Article 6 of this Decree, and self-covers its recurrent expenses but has not yet covered investment expenses.”
6. Some clauses of Article 10 shall be amended as follows:
a) Point a clause 1 shall be amended as follows:
“a) A includes the revenues specified in point a, point b clause 1, clause 2, clause 3 and clause 5 Article 11; point a, point b clause 1, clause 2, clause 3, clause 5 Article 15; clause 2, clause 2a Article 19 hereof. For the revenues specified in point b clause 2 Article 11; point b clause 2 Article 15 and clause 2 Article 19, only the positive difference between revenues and expenses (after depreciation of fixed assets, contribution to the fund for salary reform, fulfillment of obligations to the State) shall be determined; revenues specified in clause 3 Article 11, clause 3 Article 15, and clause 2a Article 19 exclude non-autonomous expenses for recurrent tasks.
Regarding vocational education institutions or higher education institutions, the sources of tuition fees that are the basis for determination of financial autonomy degree exclude contributions to scholarship funds according to regulations of the Government’s Decree on elaboration of the Law on Education.
Regarding higher education institutions, the sources of tuition fees that are the basis for determination of financial autonomy degree exclude funds for science, technology and innovation activities according to regulations in the Government’s Decree on science and technology activities in higher education institutions.”
b) Point b clause 1 shall be amended as follows:
“b) B includes the expenses specified in Article 12, Article 16, Article 20 hereof; and expenses for science and technology tasks selected or directly assigned by competent authorities (for public science and technology organizations); excludes the expenses incurred from the provision of public services not funded by state budget as prescribed in Article 6 hereof.”
c) Clause 3 shall be added as follows:
“3. Recurrent expenses self-covered by public service providers assigned to perform tasks in various fields shall be determined on the basis of annual revenues from and expenditures on recurrent activities assigned by competent authorities within their functions and tasks. Revenues from and expenditures on non-recurrent activities (other than the mentioned recurrent activities) shall not be included in the sources of revenues and expenditure targets when developing the financial autonomy plan.”
7. Point c clause 1 Article 11 shall be amended as follows:
“c) Funding for covering recurrent expenses incurred from performance of tasks assigned by the Government (if any), including: Funding for implementation of national target programs; reciprocal capital for implementation of foreign-invested projects allocated under decisions issued by competent authorities; funding for performance of tasks assigned by competent authorities; funding allocated by competent authorities to public service providers for provision of public services funded by state budget in case economic-technical norms and unit prices are not available for placing orders; funding for implementation of programs/plans/schemes/projects approved by competent authorities.
8. Point a clause 1 Article 12 shall be amended as follows:
“1. Salaries and salary-based contributions
a) While the Government's regulations on salary policies under the Resolution No. 27-NQ/TW dated May 21, 2018 of the seventh plenum of the 12th Central Executive Committee on reform of salary policies for officials, public employees, armed forces and workers of enterprises (hereinafter referred to as “Resolution No. 27-NQ/TW”) are not available, the public service providers shall pay scale-, rank- or position-based salaries, salary-based contributions and allowances as stipulated in Government’s regulations applicable to public service providers; and pay salaries under labor contracts (if any). Whenever the Government makes any changes to salary policies, the public service provider shall use its own revenues for covering the increased salary expenses; no additional funding shall be granted by state budget. The public service provider shall pay rewards in accordance with the Government’s regulations on policies.”
9. Some clauses of Article 14 shall be amended as follows:
a) Point b clause 1 shall be amended as follows:
“b) Contribution to the fund for supplementation of income in case the public service provider pays salaries according to point a clause 1 Article 12 hereof: a group-1 provider shall decide the contribution amount (which is not restricted); a group-2 provider shall make the contribution amount which is restricted to three time less than the sum of scale-, rank- or position-based salary fund, salary-based allowances as stipulated by the Government, wages under labor contracts (if any). If the public service provider pays salaries according to point b clause 1 Article 12 of this Decree, contribution to the fund for supplementation of income is not required.”
b) Point c clause 1 shall be amended as follows:
“c) Contribution to reward fund and welfare fund: Total amounts contributed to both funds shall not exceed the sum of 3-month salaries and the average increase in incomes paid/earned by the public service provider within a year;
c) Point a clause 2 shall be amended as follows:
“a) The fund for development of administrative operations shall be used for investing in construction, renovation, upgradation, maintenance and repair of facilities; purchasing working equipment and instruments, means of transportation; paying land/office rents to serve operations of the public service provider according to regulations (if the funding source for recurrent expenses is not enough to cover land/office rents); improving capability of administrative operations; covering expenses on application of technological and scientific advances; organizing professional training for public employees and workers; attracting and recruiting employees, offering incentive policies to human resources; purchasing copyrighted works and programs; making contribution to joint venture, cooperation or association with domestic and foreign organizations or individuals to perform public administrative operations according to the assigned functions and tasks; partially paying superior authorities/units expenses on purchase of equipment and instruments, construction, renovation, upgradation, maintenance and repair of shared ancillary structures; maintaining order and security, fire and disease prevention, environmental sanitation and other general management costs (the specific expenses shall comply with instructions of superior authority and vary according to the balance of the fund for development of administrative operations) and covering other expenses specified in regulations on internal expenses of the public service provider.
If the fund’s balance exceeds 2 times the annual depreciation of fixed assets and the public service provider does not wish to use the balance to invest in facilities or purchase equipment, the public service provider shall submit the balance to state budget.
The fund for development of administrative operations shall be used for investing in construction, renovation, upgradation of facilities, or purchasing working equipment and instruments in accordance with regulations of the law on public investment, the law on bidding, the law on management of public assets and other relevant regulations.”
d) Point d clause 2 shall be amended as follows:
“d) The welfare fund shall be used for building and repairing welfare facilities of the public service provider; making contribution to construction of common welfare facilities of the branch or with other providers under contracts; spending on operations intended for welfare of public employees and workers in the provider; providing subsidies for public employees or workers faced with unexpected difficulty, including those who have retired, or those faced with work incapacity; further spending on severance pays to public employees and workers in case of downsizing; spending on social and charity activities; providing benefits and implementing incentive policies upon termination of labor contracts and covering other expenses specified in regulations on internal expenses of the public service provider.”
10. Point d clause 1 Article 15 shall be amended as follows:
“d) Funding for covering recurrent expenses incurred from performance of tasks assigned by the Government (if any), including: Funding for implementation of national target programs; reciprocal capital for implementation of foreign-invested projects allocated under decisions issued by competent authorities; funding for performance of tasks assigned by competent authorities; funding allocated by competent authorities to public service providers for provision of public services funded by state budget in case economic-technical norms and their prices are not available; funding for downsizing; funding for provision of training courses for officials and public employees under approved schemes or according to the annually allocated State budget estimate; funding for implementation of programs/plans/schemes/projects approved by competent authorities.”
11. Some clauses of Article 16 shall be amended as follows:
a) The first paragraph of Article 16 shall be amended as follows:
“Based on assigned tasks and financial sources specified in point a and point c clause 1, clause 2, clause 3 (revenues retained for covering recurrent expenses incurred from fee collection) and clause 5 Article 15 hereof, some expenses are regulated as follows:”
b) Point a clause 1 shall be amended as follows:
“While the Government's regulations on salary policies under the Resolution No. 27-NQ/TW are not available, the public service provider shall pay salaries according to the statutory pay rate, scale-, rank- or position-based salary coefficients, salary-based contributions and allowances as stipulated in Government’s regulations applicable to public service providers; and pay salaries under labor contracts (if any).”
c) Point a clause 1 shall be amended as follows:
“c) The public service provider shall pay rewards in accordance with the Government’s regulations on policies.”
d) Clause 5 shall be amended as follows:
“5. Provisions for business, joint venture, cooperation or association activities and other public services which are made according to regulations on provisions made by enterprises, unless special funds for risk management must be established in accordance with specialized laws (if any).”
12. Some clauses of Article 18 shall be amended as follows:
a) Point a clause 2 shall be amended as follows:
“a) While the Government's regulations on salary policies under the Resolution No. 27-NQ/TW are not available, the contribution to the fund for supplementation of income is restricted to twice less than the sum of scale-, rank- or position-based salary fund, salary-based allowances as stipulated by the Government and salaries under labor contracts (if any).”
b) Clause 3 shall be amended as follows:
“3. Contribution to reward fund and welfare fund
Contribution amounts to both funds are as follows:
a) A public service provider that self-covers from 70% to less than 100% of recurrent expenses: total contribution amounts shall not exceed the sum of 2,5-month salaries and the average increase in incomes paid/earned by the provider within a year;
b) A public service provider that self-covers from 30% to less than 70% of recurrent expenses: total contribution amounts shall not exceed the sum of 2-month salaries and the average increase in incomes paid/earned by the provider within a year;
c) A public service provider that self-covers from 10% to less than 30% of recurrent expenses: total contribution amounts shall not exceed the sum of 1,5-month salaries and the average increase in incomes paid/earned by the provider within a year;
13. Some clauses of Article 19 shall be added as follows:
a) Point dd clause 1 shall be added as follows:
“dd) Funding for provision of public services included in the list of public services funded by state budget.”
b) Clauses 2a, 2b, 2c shall be added after clause 2 as follows:
“2a) Collected fees which are retained by the public service provider for covering its expenses in accordance with regulations of the Law on Fees and Charges;
2b) Revenues from business operations; joint-venture, cooperation or association activities which are performed in accordance with regulations of law and under specific schemes approved by competent authorities in conformity with the functions and tasks of the public service provider;
2c) Revenues from leasing of public assets: The provider must fully comply with regulations of the law on management and use of public assets and must have the scheme for leasing of public assets approved by competent authorities.
14. Some clauses of Article 20 shall be amended as follows:
a) The first paragraph of Article 20 shall be amended as follows:
“Based on assigned tasks and financial sources specified in point a clause 1, clause 2, clause 4 Article 19 of this Decree, some expenses are regulated as follows.”
b) Point a clause 1 shall be amended as follows:
“a) While the Government's regulations on salary policies under the Resolution No. 27-NQ/TW are not available, the public service provider shall pay salaries according to the statutory pay rate, scale-, rank- or position-based salary coefficients, salary-based contributions and allowances as stipulated in Government’s regulations applicable to public service providers; and pay salaries under labor contracts (if any).”
c) Point c clause 1 shall be amended as follows
“c) The public service provider shall pay rewards in accordance with the Government’s regulations on policies.”
d) Clause 3 shall be amended as follows:
“3. Operating and managerial expenses
Based on assigned tasks and financial sources, the public service provider shall decide their operating and managerial expenses which shall be restricted to less than the corresponding spending limits announced by competent authorities.
Regarding expenses that have not yet been stipulated by competent authorities, according to actual conditions, the public service provider shall develop spending levels in conformity with its financial sources and specify them in its regulations on internal expenses. The head of the public service provider shall be responsible for his/her decision.”
dd) Clause 3a shall be added after clause 3 as follows:
“3a) Expenses on performance of fee collection tasks as prescribed by the Law on Fees and Charges; expenses on service provision.”
15. Some clauses of Article 22 shall be amended as follows:
a) Clause 1 shall be amended as follows:
“1. At the end of the fiscal year, after posting all revenues and recurrent expenses covered by funding which the autonomy to use is delegated to the public service provider into accounting records, making depreciations of fixed assets, making contribution to the fund for salary reform, paying taxes and other amounts payable to state budget as prescribed, the positive difference between revenues and recurrent expenses (if any) shall be considered as the saved amounts of funding for recurrent expenses.”
b) Clause 4 shall be added as follows:
“4. Public service providers that provide public services not funded by state budget shall make depreciation of fixed assets used for service provision and fixed asset depreciation amounts shall be paid to their funds for development of administrative operations in accordance with clause 2 Article 8 of the Decree No. 60/2021/ND-CP. Public service providers may use their funds for development of administrative operations to repair facilities or purchase working equipment and instruments.”
16. Clause 2, clause 3 and clause 4 Article 24 shall be amended as follows:
“2. Group-1 and group-2 providers operating in the field of healthcare - population shall be allowed to get loans from credit institutions to invest in or build facilities serving their operations within their assigned tasks and functions; get the Government’s concessional credit loans or interest support for investment projects funded by loans granted by credit institutions in accordance with regulations of law (if any). Procedures and power to approve the borrowing plan shall comply with regulations of relevant laws. The use of loans for investment shall comply with regulations of relevant laws.
3. Group-1, group-2 and group-3 providers providing services shall be allowed to get loans from credit institutions and mobilize capital from their public employees and workers to invest in expansion, improvement and repair of their existing facilities; buy additional equipment to improve their service quality and increase the scale of their administrative operations and provide services in conformity with their functions and tasks, and shall themselves take responsibility to repay debts in accordance with regulations of law. Procedures and power to approve the borrowing plan shall comply with regulations of relevant laws. Mobilization of capital from public employees and workers of a provider shall be made under contracts in accordance with regulations of the Civil Code.
4. If a provider has established a management board, school’s council or university’s council, the provider shall seek opinions from the board/council on guidelines for plans for capital borrowing or mobilization and debt repayment. If a provider has not yet established a management board, school’s council or university’s council, the provider shall seek opinions from its superior authority on guidelines for plans for capital borrowing or mobilization and debt repayment.
The head of public service provider shall be responsible for managing and using the mobilized capital in an effective manner within its functions and tasks and paying debt according to regulations of law by way of using the provider's own finances. State budget will not cover these debts.”
17. Clause 2 Article 25 shall be amended as follows:
“2.If public assets are used for joint venture, cooperation or association, public service providers shall develop plans to use public assets for joint venture, cooperation or association and submit such plans to competent authorities/persons for approval according to regulations of the law on management and use of public assets. If a provider has established a management board, school’s council or university’s council, the provider shall request the board/council to ratify its plan before submitting it to competent authority for approval.”
18. Some clauses of Article 26 shall be amended as follows:
a) Clause 2 shall be amended as follows:
“a) Group-1, group-2 and group-3 providers (providers self-covering from 70% to less than 100% of recurrent expenses): Heads of these providers shall, based on their revenues, decide the levels of costs of night shifts, minor and major surgery (covered by revenues from administrative operations instead of state budget) which may be equal to or higher or lower than the cost levels stipulated by the Government and must specify such costs in their regulations on internal expenses.
b) Group-3 (other than those specified in point a of this clause) and Group-4 providers: Heads of these providers shall, based on their revenues generated from administrative operations, decide the levels of costs of night shifts, minor and major surgery which may be equal to or lower than the cost levels stipulated by the Government and must specify such costs in their regulations on internal expenses.
b) Point b clause 3 shall be amended as follows:
“b) Depending on their financial sources, healthcare establishments shall make contributions to the healthcare fund to financially support patients in a difficult situation or unable to pay medical expenses; persons suffering occupational risks arising from performing healthcare procedures and other activities supporting healthcare procedures.
Support contents and funds shall be specified by the head of public service provider and included in its regulations on internal expenses as per law. The head of the healthcare establishment shall issue regulations on provision of support which must ensure public disclosure and transparency.”
19. Clause 2 Article 27 shall be amended as follows:
“2. Funding from state budget shall be provided for covering recurrent expenses of the units assigned to provide medical examination, treatment and health care for leprosy patients or patients with mental disorders, including:
a) Salaries, salary-based contributions and allowances as prescribed in the Government's regulations on salary policies of public service providers which are determined on the basis of the number of employees who receive salaries from state budget and assigned by competent authorities to provide medical examination, treatment and health care for leprosy patients or patients with mental disorders;
b) Expenses on operating, ensuring recurrent activities and providing medical examination, treatment and health care for leprosy patients or patients with mental disorders according to assigned functions and tasks and applicable regulations.
20. Clause 1 Article 28 shall be amended as follows:
“1. Multi-function health centers shall determine rates of self-covering of recurrent expenses in accordance with regulations herein in the field of medical examination and treatment. In case a health center’s revenues from medical examination and treatment and other services are sufficient to cover its recurrent expenses or both its recurrent expenses and investment expenses for medical examination and treatment activities, the health center shall be granted the autonomy of group-1 or group-2 provider and entitled to self-decide the number of employees doing medical works and other works. Expenses on preventive medicine, health improvement, population, food safety, and activities of medical stations of communes, wards or commune-level towns shall be covered by funding derived from state budget on the basis of the number of employees assigned by competent authorities as prescribed in clause 1 Article 27 hereof.
Whenever the State makes any changes to salary policies, after the center has used up its funding for salary reform but its finance is still insufficient, additional funding for salary reform derived from state budget shall be allocated to preventive medicine, health improvement, population, food safety, and activities of medical stations of communes, wards or commune-level towns.”
21. Clause 2 Article 31 shall be amended as follows:
“2. Based on the financial regulations of a regional university which have been issued by the university’s council, Director of that regional university shall develop their own regulations on internal expenses; heads of member universities and affiliated entities of the regional university shall develop their own regulations on internal expenses.”
22. Clause 1 Article 34 shall be amended as follows:
“1. If group-1 providers develop management and accounting schemes under the model of an enterprise which have been approved by competent authorities, they shall comply with regulations on accounting for enterprises (in case public service providers are applying the financial mechanism as enterprises, they are not required to develop schemes and may continue to comply with regulations on accounting for enterprises).”
23. Article 35 shall be amended as follows:
“1. Public service providers shall formulate plans to exercise their autonomy for 05-year stabilization period which is relevant to the social and economic development period stipulated by the Government; estimates of revenues and expenses in the first year of the stabilization period and proposals of their levels of financial autonomy which must be conformable with the functions and tasks assigned by competent authorities (using the form in Appendix II enclosed herewith), and submit them to their superior agencies (level-I budget estimate units). The plan to exercise autonomy must indicate the level of financial autonomy according to 04 groups of providers prescribed herein.
The final year of each stabilization period, public service providers shall report final assessment of the exercise of their autonomy in the previous period, and tasks in the planning year and the next period in order to formulate plans to exercise their autonomy in the next stabilization period and send them to their superior agencies for consideration before March 31.
2. In case a public service provider has affiliated service providers
a) The public service provider shall develop the plan to exercise autonomy and submit it to its superior public service provider for approval after obtaining the consent from the superior agency of the superior public service provider;
b) The superior public service provider shall develop the plan to exercise its autonomy (excluding the plans to exercise autonomy of its affiliated service providers as prescribed in point a of this clause) and send it to the superior agency;
c) If the affiliated service provider is identified as a group-3 or group-4 provider, the superior agency shall seek opinions from the finance authority at the same level to serve as a basis for granting the financial autonomy to the public service provider specified in point a clause 2 of this Article.
3. Based on the plans to exercise autonomy submitted by public service providers (excluding those of the public service providers specified in point a clause 2 of this Article), superior agencies shall consider and verify estimates of revenues and expenses in the first year of the stabilization period and determine funding for recurrent expenses derived from state budget and retained amounts of collected fees; funding from state budget for ordered public services (in case funding for ordered services can be determined at the time of verification of the plan to exercise autonomy); classification of affiliated providers according to levels of their financial autonomy, consolidate and send classification plan and estimates of revenues and expenses of public service providers to finance authorities of the same level (Ministry of Finance or local finance authorities as delegated, or district-level financial management agencies with regard to districts where urban administration models are developed) for consideration and offer of opinions before June 20 of the final year of the stabilization period.
After obtaining written opinions from the finance authorities of the same level, before July 30 of the final year of the stabilization period, the superior agencies shall classify the public service providers and issue decisions to grant the financial autonomy to their affiliated public service providers; decide support funding for recurrent expenses derived from state budget and retained amounts of collected fees; funding from state budget for ordered public services (if any) allocated to the providers under the plan to exercise autonomy in the first year of the stabilization period.
4. After each stabilization period of 05 years, ministries and central agencies (in case the public service provider is managed by a central agency) or provincial People’s Committees (in case the public service provider is managed by a provincial agency) shall review and improve the levels of financial autonomy of group-3 providers (except public service providers that provide basic and essential public services) according to the roadmap and annually reduce at least 2,5% of the direct subsidies provided by state budget on recurrent expenses covered by affiliated public service providers (minus increases and decreases in expenses compared to the previous year's estimate (if any) due to changes to tasks, quantity of employees).
5. Public service providers that have been classified by competent authorities as group-1 or group-2 providers shall continue exercising financial autonomy in accordance with regulations herein; shall not be considered to be transferred into group-3 or group-4 providers during the stabilization period of 05 years or after the stabilization period of 05 years, except for cases where the providers’ functions or tasks have been adjusted or cases of fluctuations in the socio-economic situation, changes in policies and regimes or force majeure events (such as disasters or epidemics) resulting in changes to revenues or expenditures, thereby changing their levels of financial autonomy.”
24. Point c clause 1 Article 36 shall be amended as follows:
“c) Issue or amend economic - technical norms and cost norms (if any) under the state management of ministries or ministerial agencies as the basis for setting prices of public services funded by state budget in accordance with regulations of the Law on Prices and relevant laws which shall be then used for placing orders or organizing bidding for provision of public services according to the Government’s Decree No. 32/2019/ND-CP ;
25. Clause 2 Article 37 shall be amended as follows:
“2. On the basis of economic - technical norms and cost norms (if any) in the fields issued by ministries or ministerial agencies, set prices of public services funded by state budget in accordance with regulations of the Law on Prices and relevant laws which shall be then used for placing orders or organizing bidding for provision of public services according to the Government’s Decree No. 32/2019/ND-CP. Regarding state budget-funded public services whose economic - technical norms are not issued by ministries or ministerial agencies, provincial People’s Committees shall issue economic - technical norms to state budget-funded public services under their management.”
26. Some clauses of Article 39 shall be amended as follows:
a) Clause 1 shall be amended as follows:
“1. Public service providers affiliated to socio-political-professional organizations, social organizations, socio-professional organizations and other organizations that are allowed to exercise the financial autonomy as prescribed in this Decree according to the rule that they shall self-cover their recurrent expenses without funding from state budget.”
d) Clause 3 shall be added as follows:
“3. Regarding public service providers affiliated to the Ministry of Public Security or the Ministry of National Defense, the Minister of Public Security or the Minister of National Defense is assigned to issue regulations on the financial autonomy of its affiliated public service providers according to regulations in this Decree, regulations issued by the Communist Party and relevant laws.
Article 2. Replacement and annulment of some regulations of the Government’s Decree No. 60/2021/ND-CP dated June 21, 2021 on financial autonomy of public service providers
1. The Appendix II enclosed with the Government’s Decree No. 60/2021/ND-CP dated June 21, 2021 is replaced by the Appendix II enclosed with this Decree.
2. Clause 3 Article 14, point b clause 1 Article 16, point b clause 1 Article 20, Article 29 of the Government’s Decree No. 60/2021/ND-CP dated June 21, 2021 shall be annulled.
3. The phrase “Bộ Lao động - Thương binh và Xã hội” (Ministry of Labour – Invalids and Social Affairs) shall be replaced by the phrase “Bộ Nội Vụ” (Ministry of Home Affairs) in point a clause 3 Article 5, point b clause 3 Article 30, clause 3 Article 36 of the Government’s Decree No. 60/2021/ND-CP .
Article 3. Effect and implementation
1. This Decree takes effect from July 07, 2025 and applies from the budget year 2025.
2. Point b clause 2 Article 26 of the Government’s Decree No. 32/2019/ND-CP dated April 10, 2019 shall be amended as follows: “b) Căn cứ định mức kinh tế - kỹ thuật, định mức chi phí (nếu có) của các lĩnh vực đã được các bộ, cơ quan trung ương ban hành để áp dụng làm cơ sở ban hành giá dịch vụ sự nghiệp công sử dụng ngân sách nhà nước theo quy định của pháp luật về giá và quy định pháp luật khác có liên quan để làm cơ sở đặt hàng hoặc đấu thầu cung ứng dịch vụ sự nghiệp công theo quy định tại Nghị định này. Trường hợp đối với những danh mục dịch vụ sự nghiệp công sử dụng ngân sách nhà nước các bộ, cơ quan trung ương không ban hành định mức kinh tế kỹ thuật thì Ủy ban nhân dân cấp tỉnh có trách nhiệm ban hành đối với các dịch vụ sự nghiệp công sử dụng ngân sách nhà nước thuộc phạm vi quản lý để thực hiện tại địa phương”. (b) On the basis of economic - technical norms and cost norms (if any) in the fields issued by ministries or ministerial agencies, set prices of public services funded by state budget in accordance with regulations of the Law on Prices and relevant laws which shall be then used for placing orders or organizing bidding for provision of public services according to regulations in this Decree. Regarding state budget-funded public services whose economic - technical norms are not issued by ministries or ministerial agencies, provincial People’s Committees shall issue economic - technical norms to state budget-funded public services under their management”.).
3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of People's Committees of provinces and central-affiliated cities and relevant organizations and individuals shall be responsible for implementing this Decree./.
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ON BEHALF OF THE GOVERNMENT |
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