Decree of the Ministry of Finance No. 40 / 2001 Coll.
Decree of the Ministry of Finance on the participation of the State Budget in the financing of property reproduction programmes
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40
DECLARATION
Ministry of Finance
of 19 January 2001
on the participation of the State Budget in the financing of property reproduction programmes
The Ministry of Finance, in agreement with the Ministry of Regional Development pursuant to § 13 paragraph 4, in agreement with the Czech National Bank pursuant to § 16 paragraph 3 and § 24 paragraph 5 of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), provides:
Terms
For the purposes of this decree:
(a) a programme for the reproduction of assets financed by the State budget and loans with a State guarantee determined by the budgetary perspective, the State Budget Act for the year in question and the guarantee documents, with the exception of programmes whose financing is governed by a special law, 1)
(b) the administrator of the programme of the administrator of the budget chapter from which the expenditure of the State Budget for financing the programme is to be borne;
(c) the actions part of the programme established by the programme administrator to ensure the achievement of the programme's objectives as set out in its approved documentation;
(d) by an investor, an organisational component of the State, a legal or natural person providing for the preparation and implementation of the action;
(e) a participant in the programme of an investor financing an action from State budget and loans with a State guarantee;
(f) a project of action addressed by the programme administrator, the preparation and implementation of which shall be carried out in accordance with project management rules;
(g) the investment purpose of the preparatory documentation, containing economic and technical documentation for the decision of the programme administrator on the participation of the State budget in the financing of the preparation and implementation of the action;
(h) documentation of the project's economic and technical documents, documents and documents for the decision of the programme administrator on the participation of the State budget in the financing of the project's implementation;
(i) the project management of the activity established by the administrator of the programme to ensure the preparation and implementation of the project by the programme participant or, where appropriate, by a qualified legal or natural person to ensure such activities for the programme participant.
Program documentation
(1) The programme documentation drawn up in accordance with Annex 1 shall be submitted by the programme administrator to the Ministry of Finance (hereinafter referred to as the Ministry).
(a) within a period not exceeding 31 May of the calendar year preceding the year in which the start of its financing is proposed or the amendment of the mandatory parameters in its documentation approved by the Ministry is proposed;
(b) within a time limit agreed with the Ministry so that its discussion in the Government is completed no later than 31 July of the calendar year preceding the year in which its financing is proposed or a change is proposed to be made to the mandatory parameters in its documentation approved by the Government;
(c) within a time limit set by the Government.
(2) The Ministry shall assess the documentation submitted pursuant to paragraph 1 from the point of view of:
(a) compliance with the guidelines for drawing it up set out in Annex 1;
(b) the possibilities for the State budget to participate in the financing of the programme contained in the budgetary perspective;
(c) the possibility of granting State guarantees for loans to finance the programme;
(d) the possibility of involving European Community resources in the financing of the programme contained in the documents on the joint programmes of the Czech Republic and the European Community.
(3) The results of the assessment referred to in paragraph 2 shall be communicated by the Ministry within 30 days of the date of transmission of the programme documentation to the programme administrator in an opinion containing:
(a) the technical, economic, time and financial parameters for the preparation and implementation of the programme (hereinafter referred to as "the programme's binding parameters") to be the subject of the final evaluation of the programme referred to in paragraphs 4, 5 and 6 where the dossier fulfils the aspects referred to in paragraph 2;
(b) guidelines for the recasting of the programme documentation where it does not meet the aspects referred to in paragraph 2.
(4) For the final evaluation of the programme, the programme manager shall submit to the Ministry, within the time limit set in the approved programme documentation, a report containing:
(a) the actual values of the parameters of the approved dossier to the extent specified in Annex 1;
(b) justification for deviations of the actual achieved values of binding programme parameters from those established by the Ministry or Government;
(c) the accounting and financial settlement of State budget funds intended to finance the programme to the extent specified in Annex 3.
(5) The Ministry shall approve the part referred to in paragraph 4 (a) within 30 days of the submission of the report. (c) or require the programme administrator to revise it.
(6) The report on the final evaluation of the programme for which the government has approved the State Budget's participation in its financing shall be submitted by the programme administrator to the Government for information within 30 days of the approval of the part referred to in paragraph 4 (b). (c) by the Ministry.
Information system for financing the reproduction of property
(1) The information system for the financing of the reproduction of assets, which is an integral part of the programming funding information system (hereinafter referred to as the "information system"), contains the selected data for the preparation and implementation of the actions (hereinafter referred to as "input data") listed in Annex 2.
(2) Entry data shall be submitted by the programme administrator to the Ministry within the time limit specified in Annex 2.
(a) provided for in specific legislation governing the preparation of the draft State Budget and the State Final Account;
(b) within 5 days of the beginning of each month.
(3) The programme participant shall submit the input data to the programme administrator in accordance with its instructions.
(4) The Ministry ensures the processing of input data for the production of documentation for draft budgetary perspective, state budget, state final account and analysis of the development of programme financing.
Investment intention
(1) The investment plan of the building project defines and justifies the construction in a material and functional manner and determines the time course of preparation and implementation of the construction and contains at least:
(a) the justification for the necessity of the construction and the evaluation of its effectiveness to the extent and form established by the programme administrator;
(b) requirements for overall urban and architectural construction solutions and requirements for construction technical solutions, for thermal technical characteristics of construction structures, resistance and security in terms of fire and civil protection, summary requirements for areas and spaces, etc.,
(c) the territorial technical conditions for the preparation of the territory, including connection to distribution and communication networks and sewerage, the scope and manner of security of network transhipments, the connection to transport infrastructure, the environmental impact of construction, operation or production, the acquisition of agricultural and forestry funds, etc.,
(d) property relations evidenced by a land map and an extract from the property register;
(e) requirements to ensure the future operation (use) of the building by energy, water, workers, etc., and the expected financial needs of both the operation and reproduction of the property acquired and the sources of its remuneration in the year following the year of entry into service;
(f) assessing the contribution of construction to addressing the employment problem;
(g) drawings and diagrams as determined by the programme administrator;
(h) for buildings, the nature of reconstruction, modernisation and repair also includes documentation of the current situation, including critical technical and economic data on the operation (use) of the restored capacity and the way in which it is financed, to the extent and in the form established by the programme administrator;
(i) the entry data to the extent specified in Annex 2.
(2) The investment plan of the non-building action, i.e. the acquisition, technical evaluation and repair of machinery and equipment, the acquisition and technical evaluation of intangible assets, the acquisition of real estate and other activities ensuring the approved objectives of the programme, defines and justifies the action factually and functionally, determines its timing and contains at least the following:
(a) the justification for the necessity of the action and the evaluation of its effectiveness to the extent and form established by the programme administrator;
(b) a technical description of the property acquired, including the characteristics of the land and its intended use;
(c) requirements to ensure the conditions for the economical use of the assets acquired or other outputs of the implementation of the action with the specification of both investment and non-investment needs and the sources of their remuneration in the year following that in which the project will be completed;
(d) assessing the contribution of the project to addressing the employment problem;
(e) drawings and diagrams as determined by the programme administrator;
(f) the entry data to the extent specified in Annex 2.
(3) The investment project for the construction, restoration and operation of information and communication technologies includes in addition to the framework defined in paragraph 2:
(a) data content and system relations to other public administration information systems;
(b) specifying functional requirements such as performance, safety, reliability, data collection and processing requirements, etc.,
(c) specification of alternatives to solutions and their consequences (economic, time, technological, method of security, etc.);
(d) criteria for assessing alternatives;
(e) the identification of the user group;
(f) the ability to integrate into the relevant European Community information systems.
(4) For actions with an anticipated State budget participation in its financing of less than CZK 10 000 000, the programme manager shall be entitled to determine the content of the investment project to a simplified extent than specified in paragraphs 1, 2 and 3. Such a simplified investment plan shall include:
(a) the justification for the necessity of the action and the evaluation of its effectiveness to the extent and form established by the programme administrator;
(b) the entry data to the extent specified in Annex 2.
(5) The application for a grant shall replace the investment project in the cases provided for in the approved programme documentation, provided that it contains:
(a) the entry data to the extent specified in Annex 2 and the data referred to in paragraph 3;
(b) property relations evidenced by a land map and an extract from the property register in the event of a construction event;
(c) the information necessary for the assessment of the application with regard to the fulfilment of the conditions for the inclusion of the action in the programme established by the programme administrator.
(6) The investment plan is submitted by the organisational bodies of the State, the application for the grant is submitted by the contributory organisations set up by the State administration and other legal or natural persons according to guidelines issued by the programme manager.
Registration of actions
(1) The programme manager shall assess the investment plan or application for the grant and shall issue within 60 days of the date of submission of the grant:
(a) a marketing authorisation for an event in an information system (hereinafter referred to as the registration certificate); or
(b) an opinion containing instructions on their recasting where the registration of an action is refused.
(2) The revised investment plan or the revised application for a subsidy shall be submitted by the programme participant to the programme administrator, which shall carry out their assessment mutatis mutandis as referred to in paragraph 1.
(3) The programme administrator shall specify in the registration sheet:
(a) technical, economic, time and financial parameters of the action;
(b) the rules on project management and the content of the project documentation in the event of a decision to prepare and implement the project;
(c) the amount and form of the participation of the State budget in the financing of the preparation and security of the action, together with the conditions for their implementation;
(d) guidelines for the award of an action where it is not prepared and implemented as a project.
(4) Actions financed by individual expenditure shall be registered by the programme administrator in accordance with paragraph 1 after prior approval by the Ministry.
(5) The application for the approval of the Ministry to register the action referred to in paragraph 4 shall include:
(a) the entry data to the extent specified in Annex 2;
(b) the conclusions of the assessment of the investment project or the request for a subsidy;
(c) the draft registration sheet.
(6) The Ministry shall examine the application drawn up pursuant to paragraph 5 from the point of view of:
(a) compliance of the action with the approved programme documentation;
(b) the economy of the proposed participation of the State budget in the financing of the action.
(7) On the basis of the examination of the application referred to in paragraph 6, the Ministry shall approve the registration of the event within 30 days of the date of submission of the application by a certificate of registration or return the application for revision, stating the reasons for its refusal.
(8) Registered actions cannot be excluded from the information system without the prior approval of the Ministry.
(9) The programme administrator shall submit requests for approval of the decommissioning of the action pursuant to paragraph 8 within the deadlines set out in Article 9 (3).
Individual expenditure assessed
(1) The form of individually assessed expenditure (2) is financed by the decisive actions of the programmes set out in terms of their social importance by the Ministry, as well as by actions where national budget expenditure exceeds CZK 100,000 000.
(2) An action financed in the form of individual expenditure is a project within the meaning of Article 1 (f).
Decision on State Budget participation in the financing of the implementation of the action
(1) The programme participant shall ensure that the project documentation is prepared where the programme manager determines this procedure in the registration sheet in accordance with the conditions set out in Article 5 (3) (b) and submits it to the programme administrator for assessment.
(2) The programme manager shall assess the submitted project documentation with regard to its compliance with the conditions set out in the registration sheet and issue an opinion within 30 days of the date of submission of the dossier,
(a) guidelines for the award of the project's implementation where the documentation submitted is approved;
(b) guidelines on the recasting of the project documentation, unless they approve the documentation submitted.
(3) The revised project documentation shall be submitted by the programme participant to the programme administrator who shall assess the documentation and deliver an opinion in accordance with the procedure referred to in paragraph 2.
(4) The decision on the participation of the State Budget in the financing of the action (hereinafter referred to as the "Decision") shall be taken by the programme administrator on the basis of an assessment of:
(a) documentation of the award of a contract provided for by a specific law, 3)
(b) the draft contract for the work and, where appropriate, the draft other contract documents for the implementation of the action;
(c) evidence of the security of sources of financing for the action provided for by the programme manager;
(d) the input data to the extent specified in Annex 2;
(e) other documents and documents established by the programme administrator.
(5) In the decision of the programme administrator,
(a) binding technical, economic, time and financial parameters of the action (hereinafter referred to as "binding parameters of the action");
(b) rules on the granting of advances and the payment of invoices for work and supplies carried out;
(c) the content and form of the transmission of information on the progress of the action;
(d) where necessary, further conditions for the use of State budget expenditure.
(6) Where a programme participant finds that it is unable to secure the implementation of an action in accordance with the content of the decision referred to in paragraph 5, it shall immediately inform the programme administrator thereof and submit a proposal to amend the decision. The programme administrator shall, within 30 days of receipt of the request, amend the decision or reject the application.
(7) For actions financed in the form of expenditure individually assessed, the programme manager shall submit to the Ministry a draft opinion as referred to in paragraph 2, a draft decision as referred to in paragraph 4 and a draft amendment to the decision and request approval to be given.
(8) The Ministry shall, within 15 days of the date of submission of the documents referred to in paragraph 7, approve the applications or return them for revision, stating the reasons for their refusal.
(9) In the final evaluation of the action, the Ministry, the programme administrator and its participants shall proceed in accordance with Section 8.
Final evaluation of the event
(1) The documentation of the final evaluation of the action shall be submitted by the programme participant within the time limit set by the programme administrator in the decision.
(2) The documentation of the final evaluation of the event contains:
(a) a report on the implementation of the binding indicators and the conditions for the participation of the State budget laid down in the Decision;
(b) in the case of construction projects, the approval decision or decision to put the construction into test operation, issued under special legislation, 4)
(c) the accounting and financial settlement of State budget funds provided for the financing of the action to the extent specified in Annex 3;
(d) the entry dates of facts to the extent set out in Annex 2.
(3) The programme manager shall ensure that the data specified in the final evaluation documentation are checked and where:
(a) establish a breach of the conditions for the participation of the State budget referred to in the decision and, where appropriate, any other unauthorised use of the State budget funds, it shall transmit the findings to the locally competent financial authority as an incentive to initiate proceedings in respect of contributions for breaches of budgetary discipline under a special law, 5)
(b) it shall not identify any breach of the conditions for the participation of the State budget referred to in the decision or any other unauthorised use of the State budget funds, shall terminate the final evaluation.
(4) In the case referred to in paragraph 3 (a), the programme administrator shall terminate the final evaluation in accordance with the instructions of the Ministry.
Binding indicators of State budget expenditure on programme financing
(1) Binding indicators of State budget expenditure on programme financing are laid down in the State budget law for the year in question.
(2) The binding indicators referred to in paragraph 1 may be amended only by a budgetary measure requested by the programme administrator by the Ministry after an evaluation of the actual course of financing the programmes during the current financial year, for a period of:
(a) from 1 January to 28 February;
(b) from 1 January to 31 May;
(c) from 1 January to 31 August,
(d) from 1 January to 15 November;
(e) from 1 January to the date fixed by the Ministry.
(3) The programme manager shall submit the request for budgetary action to the Ministry within 15 days of the end of the period referred to in paragraph 2.
Drawing on public budget expenditure to finance programmes
(1) State budget expenditure for the financing of registered actions shall be drawn up by programme participants up to the limit specified in the notification of the limit of expenditure issued by the programme administrator on the expenditure accounts kept by the Czech National Bank, except in the cases referred to in paragraph 2.
(2) The use of State Budget expenditure (6) for the financing of registered actions is provided by selected banks (hereinafter referred to as "the Bank") in accordance with the procedure set out in the Treaty concluded with the Ministry
(a) until the abovementioned notification, the limit of expenditure issued by the programme administrator to the programme participant for a specific action;
(b) to the above mentioned information system for a specific action, communicated to the bank by the Ministry.
(3) In the contract referred to in paragraph 2, the Ministry shall agree:
(a) the way in which the advance payments and payment of invoices are made for work and supplies to suppliers of registered events;
(b) the content and form of the documents on the basis of which the expenditure of the State budget will be drawn;
(c) the content and form of the information provided by the Bank to the Ministry and programme managers on the amount of expenditure used to finance specific registered actions;
(d) the manner and dates of advance payments of State budget funds from expenditure accounts held by the Czech National Bank to the relevant accounts held by the Bank;
(e) the way in which the advance funds provided by the state budget are cleared from the expenditure accounts held by the Czech National Bank;
(f) the estimated amount of expenditure and the number of actions to be financed by the Bank;
(g) the amount of remuneration for the services provided by the bank in the current financial year.
(4) The advance provided by the State Budget not used to finance the actions will return the bank to the expenditure account held by the Czech National Bank, from which it was drawn, by 31 December of the current financial year.
Recording of the use of state budget funds to finance programmes, their settlement and financial settlement
(1) The programme manager shall record the amount of the use of the national budget appropriations to finance the programme during the current financial year and the amount of the appropriations carried forward to the following year through:
(a) the reserve fund of the State's organisational component, 7)
(b) National Fund, 8)
(c) State financial asset operations. 9)
(2) Settlement and settlement of state budget funds
(a) provided for the financing of the action shall be carried out in the final evaluation of the action pursuant to Article 8;
(b) intended for financing the programme shall be carried out in the final evaluation of the programme in accordance with Article 2 (4) and (5).
(3) The programme participants, the programme administrator and the Ministry shall proceed to record the use of the State budget funds to finance the programmes, their settlement and financial settlement in accordance with Annex 3.
Common provisions
(1) The programme participants may not pay value added tax on the State budget if they can deduct input value added tax. In the information system it indicates financial needs
(a) excluding value added tax by programme participants who may not pay value added tax on the State budget;
(b) including value added tax, other participants in the programme.
(2) The financing of the action in the form of a supply credit is used by the contributory organisations set up by the government body where this form is included in the approved programme documentation and the contract is agreed by the founder.
(3) Reporting services10) submit programme documentation, input data and other information on the preparation, implementation and control of actions under a special regime agreed by the programme administrator with the Ministry to ensure the protection of classified information under specific legislation. 11)
Transitional provisions
(1) The Programme Manager shall submit to the Ministry the documentation of the programmes financed by the State Budget in 2001 by 30 April 2001.
(2) The Programme Manager shall issue the registration forms referred to in Article 5 (1) and the decisions referred to in Article 7 (4), (5) and (6) for actions undertaken in 2001, the implementation of which began before 1 January 2001, by 30 June 2001.
Efficacy
This decree shall take effect on the day of its publication.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 40 / 2001 Coll., on the participation of the state budget in the financing of property reproduction programmes |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.02.2001 |
|---|---|
| Effective from | 06.02.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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