97606 a Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Public Expenditure and Financial Accountability (PEFA) Assessment Nepal PFM Performance Assessment II a s o f F Y 2013/ 14 G o v e r n m e n t o f N e pa l G o v e r n m e n t o f N e pa l Public Expenditure and Ministry of Finance Financial Accountability Secretariat Nepal: Scaling up Electricity Access through Mini and Micro Hydropower Applications b Public Expenditure and Financial Accountability b Assessment Nepal PFM Performance Assessment II 1. Introduction Public Expenditure and Financial Accountability (PEFA) Assessment Nepal PFM Performance Assessment II a s o f F Y 2013/ 14 May 2015 G o v e r n m e n t o f N e pa l G o v e r n m e n t o f N e pa l Public Expenditure and Ministry of Finance Financial Accountability Secretariat 1. Introduction ii Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Currency and Exchange Rates Currency unit = Nepalese Rupees (NPR) 1 USD = 97.15 NPR (As of July 19, 2014) Fiscal Year July 15 to July 14 Nepalese FY2070 is equivalent to World Bank FY2013. Public Expenditure and Financial Accountability iii Assessment Nepal PFM Performance Assessment II Public Expenditure and Financial Accountability iv Assessment Nepal PFM Performance Assessment II Public Expenditure and Financial Accountability v Assessment Nepal PFM Performance Assessment II Public Expenditure and Financial Accountability vi Assessment Nepal PFM Performance Assessment II Public Expenditure and Financial Accountability vii Assessment Nepal PFM Performance Assessment II Public Expenditure and Financial Accountability viii Assessment Nepal PFM Performance Assessment II Contents Message.....................................................................................................................................................................................................................................................iii FOREWORD................................................................................................................................................................................................................................................V PREFACE AND ACKNOWLEDGMENTS...............................................................................................................................................................................VII ABBREVIATIONS AND ACRONYMS.....................................................................................................................................................................................-X SUMMARY ASSESSMENT............................................................................................................................................................................................................XII A. INTEGRATED ASSESSMENT OF PFM PERFORMANCE--------------------------------------------------------------------------------XII ix B. IMPACT OF PFM WEAKNESSES ON BUDGET OUTCOMES-------------------------------------------------------------------------XIV Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II C. CHANGE IN PERFORMANCE--------------------------------------------------------------------------------------------------------------- XV D. INTERNATIONAL COMPARISON OF THE PEFA RATINGS--------------------------------------------------------------------------- XVII 1 INTRODUCTION---------------------------------------------------------------------------------------------------------------------------------- 1 1.1 OBJECTIVE---------------------------------------------------------------------------------------------------------------------------------------- 1 1.2 COMPOSITION OF TEAM AND ROLES OF STAKEHOLDERS------------------------------------------------------------------------- 1 1.3 PEFA ASSESSMENT PROCESS---------------------------------------------------------------------------------------------------------------- 1 1.4 SCOPE OF THE ASSESSMENT---------------------------------------------------------------------------------------------------------------- 2 1.5 REFORM SUGGESTIONS---------------------------------------------------------------------------------------------------------------------- 2 1.6 QUALITY ASSURANCE------------------------------------------------------------------------------------------------------------------------- 2 2 COUNTRY BACKGROUND INFORMATION----------------------------------------------------------------------------------------- 3 2.1 ECONOMIC GROWTH------------------------------------------------------------------------------------------------------------------------- 3 2.2 CHALLENGES/PRIORITY AREAS------------------------------------------------------------------------------------------------------------- 3 2.3 PFM INSTITUTIONS----------------------------------------------------------------------------------------------------------------------------- 3 3 ASSESSMENT OF THE PFM SYSTEMS, PROCESSES, AND INSTITUTIONS--------------------------------------------- 7 3.1 BUDGET CREDIBILITY (PI-1-4)--------------------------------------------------------------------------------------------------------------- 7 3.2 COMPREHENSIVENESS AND TRANSPARENCY (PI-5-10)-----------------------------------------------------------------------------13 3.3 POLICY-BASED BUDGETING (PI-11-12)--------------------------------------------------------------------------------------------------23 3.4 PREDICTABILITY AND CONTROL IN BUDGET EXECUTION (PI-13-20)-----------------------------------------------------------28 3.5 ACCOUNTING, RECORDING AND REPORTING (PI-22-25)---------------------------------------------------------------------------49 3.6 EXTERNAL SCRUTINY AND AUDIT (PI-26-28)------------------------------------------------------------------------------------------56 3. 7 DONOR PRACTICES---------------------------------------------------------------------------------------------------------------------------63 4 Recent and ongoing reforms------------------------------------------------------------------------------------------69 4.1 Reform components under PFM MDTF-------------------------------------------------------------------------------------------69 4.2 Institutional factors supporting reform planning and implementation-----------------------------------70 ANNEX A: ORGANIZATIONAL STRUCTURE OF PFM INSTITUTIONS-------------------------------------------------------------------71 ANNEX B: CALCULATION SHEET FOR PFM PERFORMANCE INDICATORS-----------------------------------------------------------74 ANNEX C: PEFA ASSESSMENT TEAMS AND WORKING GROUPS-----------------------------------------------------------------------77 Abbreviations and Acronyms ADB Asian Development Bank AMP Aid Management Platform BMIS Budget Management Information System x DECS District Expenditure Control System DSA Debt Sustainability Analysis Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II DTCO District Treasury Controller Office EMIS Education Management Information System FCGO Financial Comptroller General Office FMIS Financial Management Information System FPR Financial Procedure Regulations FY Fiscal year GDP Gross Domestic Product GFS Government Finance Statistics HMIS Health Management Information System IECCD International Economic Cooperation Division (of MoF) ICAN Institute of Chartered Accountants of Nepal IFAC International Federation of Accountants INTOSAI International Organization of Supreme Audit Institutions IPSAS International Public Sector Accounting Standard (of IFAC) ISSAI International Standards for Supreme Audit Institutions IRD Inland Revenue Department IMF International Monetary Fund LMIS Logistics Management Information System LSGA Local Self Governance Act MCPM Minimum conditions and performance measures (for local bodies) MDA Ministries, Departments and Agencies MoF Ministry of Finance MoGA Ministry of General Administration MoFALD Ministry of Federal Affairs and Local Development MTBF Medium-term budget framework MTEF Medium-term expenditure framework NPC National Planning Commission NPSAS Nepalese Public Sector Accounting Standards NRB Nepal Rastra Bank OAG Office of the Auditor General PAC Public Accounts Committee PAN Permanent Account Number xi PEFA Public Expenditure and Financial Accountability Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II PETS Public Expenditure Tracking Survey PFM Public financial management PPMO Public Procurement Monitoring Office SAI Supreme audit institution SNG Subnational government SWAp Sector-wide approach TSA Treasury Single Account UNCITRAL United Nations Commission for International Trade and Law Summary Assessment N epal has made substantial progress in deepen- improved with the implementation of Treasury ing the structures and processes of public fi- Single Account (TSA). nancial management (PFM), particularly in the l Comprehensiveness. Budget comprehensive- xii use of information technology. Investment efficiency gains achieved despite the political transition period ness is the hallmark of the country’s PFM system driven by technology aiding systemic changes. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II (2006-2010) when reform was not a first priority. If Enforcement of financial reporting rules to au- these improvements are linked and catalyze reforms tonomous bodies, state-owned enterprises, and in all phases of PFM, it would increase the chances of local governments can reduce overall fiscal risks. Nepal’s graduation to middle-income status and help l Budget formulation process. Multi-year budget in reducing poverty. planning has assisted in maintaining sound macro fiscal aggregate. Costed sector strategies can lend A. Integrated assessment of PFM to formulating a realistic procurement plan and performance overall improve budget implementation. The objective of this assessment is to update the l Budget execution. Rules and regulations guide Public Financial Management Review published in budget execution, but weak enforcement of early 2008 (Report No. 43384-NP). The assessment is these rules have impeded gains made in up- expected to assist the government in (a) establishing stream budget process. Linking payroll to per- indicator-led assessment of the country’s PFM sys- sonnel records and enforcement of rules that tem; (b) updating fiduciary environment of the PFM discourage non-competitive methods of pro- systems and processes of the country; and (c) assist- curement can improve budget execution. ing in identifying those parts of the PFM system that l Accounting and reporting. Nepal has made may need further reform and development. impressive strides in budget coverage, compara- bility, and its timely reporting. Weak technical ca- The commitment to change and reform to PFM sys- pacity in the analysis of financial statements has tems and process by the Government of Nepal has lowered efficiency in public expenditure. Recon- produced results. Among 28 performance indicators ciliation of revenue accounts is an issue. (PI), 16 indicators improved, 10 indicators remained l Audits. Audit coverage and quality has im- unchanged, and 2 indicators deteriorated. However, proved. But, the limited scope of performance compared to 2008 with improved systems, data avail- audit and weak enforcement of corrective mea- ability has assisted to fine-tune the assessment and sures against flagged irregularities has lowered downgrade the rating of an indicator to reflect the meaningful behavioral changes. Performance current system. The absence of the parliament during auditing coverage and involvement of civil so- the assessment period added to the downgrading of ciety in auditing performances is expected to another indicator. strengthen overall performance auditing. l Donors. Donors predictability of budget sup- The key findings in the assessment include the fol- port, financial reporting, and greater use of na- lowing: tional procedures has improved. l Credibility. Budget credibility is internalized; budget outturns compared to original are stable; The following discussion elaborates on the main PFM and monitoring of budget, especially arrears, has findings of the performance indicators within the six critical dimensions. xiii (a) Credibility of the budget (PI 1-4) (c) Policy-based budgeting (PI 11-12) Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II At the aggregate level, the budget, both expendi- Fiscal prudence at the aggregate fiscal level, facilitat- ture and revenue (PI-1 and 3), is credible, and cred- ed by a rolling medium-term expenditure framework ibility has become internalized. One weak spot is the (MTEF), is a strong feature of Nepal’s PFM (PI-11). But composition of expenditure (PI-2). Budget variance, in the absence of costed sector strategies within an although declining with the return of political stabil- aggregate fiscal framework and lack of capacity for ity, has resulted from a combination of poor budgets preparing sectorial business plans, there is much (where execution require re-allocation during the room for aligning budgets more closely to develop- year)and some budget indiscipline (evidenced by ment plans (PI-12). Expansionary investment plans the number of votes that spend more than the au- are constrained by weak of implementation capacity, thorized budgets)particularly in public investment by especially on the capital expenditure side. Procure- the Ministry of Finance (MOF). The contingency fund ment plans are not prepared as part of annual work is not large. And because of the TSA and Financial program budgets, therefore the budgets are not Management Information System (FMIS), payments realistic. Coupled with late approval of the budget are more prompt and better monitored compared to and cumbersome spending procedures, little of the the last assessment (PI-4). The implementation of ac- year’s development budget is spent in the first four tivity level budget coding is expected to strengthen months, and there always is a rush to spend in the program budgeting, help monitor budget imple- last four months. This is mitigated to some extent by mentation, and reduce expenditure variances. flexible virement rules. (b) Comprehensiveness and transparency (PI 5-10) (d) Predictability and control in budget execution Budget information has become more transparent (PI 13-21) (PI-5 and 6) after the implementation of Government The legal and process framework for determining tax Finance Statistics (GFS) classification and the TSA. The liabilities is clear and minimizes discretionary power public’s access to fiscal reports is good (PI-10). How- of tax officers. This is reinforced by a transparent tax ever, the fiscal reports are not comprehensive and appeals mechanism (PI-13). Taxpayer registration many autonomous government agencies and donor and assessments have also been improved (PI-14). projects operate outside the TSA/FMIS framework (PI- However, there are issues in the accounting for as- 7). sessments and collections, and tax arrears have con- tinued to mount each year; there is insufficient atten- Fiscal relations between central government and lo- tion to clearing old arrears (PI-15). cal bodies are complex (PI-8). Even though there are allocation formulae for unconditional block grants The Parliament approval of the budget, at times, may — the major source of revenue to the local bodies extend into the end of the first trimester of the fis- — they are not being followed. The timing of grant cal year. Pending approval, ministry, departments, releases, although trimester-based, is not strictly ad- and agencies (MDA) are authorized to spend up to hered to. A review of the grant system is planned. four months of the previous year’s budget (at least for ongoing priority projects);but new programs and Local bodies and public enterprises regularly sub- projects are delayed and subject to political interfer- mit their financial statements to the center, but their ence outside the formal budget-approval process. consolidation is delayed. There is no comprehensive Information technology has been used to reach out assessment of fiscal risk to the government despite to stakeholders – on the revenue side to taxpayers major accumulated losses in some public enterprises and on the expenditure side to resource users. This (PI-9). has increased efficiency in tax collection and budget management. The rollouts of the TSA and FMIS to all S. Summary Assessment 75 districts have provided reliable and up-to-date in- tive measures against flagged irregularities and lack xiv formation on budget execution (PI-16). of progress on recommendations of the OAG have contributed to the weakening of PFM governance. A Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II The Treasury surplus over the past years has eased high-level committee is following up on this. When cash and debt management (PI-17). The payroll is still in session, the Public Accounts Committee (PAC) has largely managed manually, and it is not linked digi- scrutinized issues other than budget execution; this tally to personnel records (PI-18). Since 2007, the legal has weakened directives by the legislature to the ex- and regulatory framework for procurement has been ecutive to improve budget execution performance based on international standards. Most procurement (PI-26 to 28). is through open and competitive bidding, but there is lack of central data for justifying non-competitive B. Impact of PFM weaknesses on methods of procurement, and the compliance with budget outcomes rules (PI-19). Aggregate fiscal discipline. On aggregate, reve- nue and expenditure budgets are realized, but the The developmental impact of spending has been composition of actual spending varies significantly reduced by widespread irregularities and weak-en- from the budget, and in some cases ministries are forcement of rules. Commitment control is weak de- allowed to overspend. Debt levels are reasonable spite the existence of rules and regulations (PI-20). In- and well monitored. However, fiscal risk appears ternal audit is beset by conflicts of interest as internal high from parts of the public sector that are not auditors also function, from time to time, as accounts within the TSA, particularly the public enterprises. officers. The audit is not focused on internal control There is no regular assessment either explicit or systems and their risks but is oriented to identifying implicit of operating deficits, liabilities, and contin- transactional irregularities, which reduces its effec- gent liabilities. tiveness (PI-21). Tax arrears arise where assessments are made but are (e) Accounting, recording and reporting (PI 22-25) in dispute or not paid for other reasons. This reduces The TSA rollout has strengthened cash-based ac- certainty of taxes: the lack of follow-up and resolution counting practices and transparency. Expenditure of arrears puts the whole tax system into question. cash reports are generated, and the mid-year report- ing is comprehensive, except for the omission of sev- Strategic allocation of resources. High variances eral autonomous government agencies and donor at the project, program, and departmental levels project accounts. Reconciliation of revenue accounts indicate that the planned resource allocations are is still an issue. Progress has been made in piloting not being implemented most efficiently. Disorderly the international financial reporting standard (cash- execution is compounded by weak project man- based IPSAS) at the ministry level. But there are tech- agement: projects are admitted into the budget nical capacity issues in the recording and analysis of without technical analysis of their feasibility, and financial statements as the result of over-stretched contracts are not adequately monitored. The omis- account personnel and limited refresher training to sion of several autonomous government agencies update personnel on systemic and accounting stan- and donor-funded projects from the overall fiscal dards changes (PI-24 and 25). picture means that resource allocations are seg- mented and are not optimal overall. Local body rev- (f) External scrutiny and audit (PI 26-28) enues and expenditures are also not integrated. The Office of Auditor General (OAG) conducts finan- cial and regularity audits on a majority of government Efficient service delivery. Efficient service delivery revenues and expenditures using INTOSAI-based is possible when delivery units have lead time for standards and submits audit reports through the planning and there is assurance that planned pro- President within four months of submission of the curement commitments can be made in accordance financial statements. Weak enforcement of correc- with program/project requirements. At present, there is no real link between budgeting, procurement plan- C. Change in Performance ning, and authorization of spending, which lowers in- This is a report on the second Public Expenditure xv vestment efficiency. and Financial Accountability (PEFA) assessment Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II of Nepal. The focus of the report is therefore on The splitting of large contracts into smaller lots re- identifying changes in performance that have oc- duces the opportunity for economies of scale. Value curred in financial management of central govern- for money is also reduced by long and complex ad- ment since 2008 when the previous PEFA assess- ministrative procedures, and this is not factored in ment was done. Tables 1 and 2 summarize these the cost of delay. changes. Table 1: Summary of PEFA Rating Scoring Comparable PFM Performance Indicators 2008 2014 Change since 2008 method ratings A: PFM OUT-TURNS I: Credibility of the Budget PI-1 Aggregate expenditure B A M1 Yes Variances reduced. out-turn compared to original approved budget PI-2 Composition of C C+ M1 Changed No direct comparability. expenditure out-turns C methodology compared to original A approved budget. PI-3 Aggregate revenue A A M1 Changed Performance unchanged out-turns compared methodology to original approved budget. PI-4 Stock and monitoring D+ B+ M1 Yes Stock of arrears below 2% and system in of expenditure pay- C A place to generate arrears data. ment arrears. D B B: KEY CROSS-CUTTING ISSUES II. Comprehensiveness and Transparency PI-5 Classification of the C A M1 Yes Expanded budget classifications - compre- budget hensive PI-6 Comprehensiveness of B A M1 Yes Performance improvement regard to information included in information benchmark 3: deficit financing, the budget documen- describing anticipated debt composition. tation PI-7 Extent of unreported C D+ M1 Yes Higher proportion of extra budgetary opera- government opera- D tions than before tions C PI-8 Transparency of inter- C C+ M2 Yes Subnational government’s fiscal data report- governmental Fiscal C C ing strengthened Relations C C C B PI-9 Oversight of aggregate D+ C M1 Yes Performance improves regard to benchmark fiscal risk from other C C 2: subnational net fiscal position monitored public sector entities D C and audited. PI-10 Public access to key B A M1 Yes Performance of benchmark 4 improved: fiscal information Reports on central government consolidated are made public within six months of com- pleted audits. C: BUDGET CYCLE III. Policy-Based Budgeting PI-11 Orderliness and par- C+ A M2 Yes Issuance and adherence of budget discussion ticipation in the annual B A as per budget calendar. budget process B A D NA S. Summary Assessment Scoring Comparable xvi PFM Performance Indicators 2008 2014 method ratings Change since 2008 PI-12 Multi-year perspec- C+ B M2 Yes Debt Sustainability Analysis conducted an- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II tive in fiscal planning, B B nually. expenditure policy and C A budgeting C C C C IV. PREDICATABILITY &CONTROL in BUDGET EXECUTION PI-13 Transparency of tax- C+ A M2 Yes Performance improved on the following: payer obligations and C A a) Tax obligation is clear and discretionary liabilities C A power limited; B B b) Taxpayer’s access to information is com- prehensive, clear and expanded. PI-14 Effectiveness of C A M2 Yes Overall improvement in taxpayer registration measures for taxpayer C B and tax assessment. registration and tax C A assessment. C A PI-15 Effectiveness in collec- D+ D+ M1 Yes Performance unchanged tion of tax payments D D B B D D PI-16 Predictability in the C+ C+ M1 Yes Improvement on cash flow forecast, infor- availability of funds C C mation to MDAs on expenditure ceilings for commitment of B B and transparency of adjustment to budget expenditures. C C allocations. PI-17 Recoding and manage- C+ C+ M2 Yes Performance unchanged ment of cash balances, C C debt and guarantees B B C C PI-18 Effectiveness of payroll C+ C+ M2 Yes Performance unchanged. controls C C B B C C B C PI-19 Competition, value for C B M2 New dimen- Use of open competition, operation of money and controls in C B sions, cannot independent administrative procurement procurement C D be compared compliant system. C C A PI-20 Effectiveness of inter- C C M1 Yes Performance unchanged. nal controls for non- C C salary expenditures. C C C C PI-21 Effectiveness of inter- D+ D+ M1 Yes Performance unchanged. nal audit D D C C D D V: Accounting, Recording and Reporting PI-22 Timeliness and C+ C+ M2 Yes Reconciliation issues on the revenue ac- regularity of accounts B (i) C counts. reconciliation C (ii) B PI-23 Availability of informa- C A M1 Yes Improvement on resources made available tion on resources to service delivery units incl. completion of received by service PET survey. delivery units PI-24 Quality and timeli- C+ C+ M1 Yes System able to show direct comparison ness of in-year budget C C between original budget and expenditure reports A A and there is no material difference in data C B accuracy. However, the system is unable to depict commitments on a monthly basis. PFM Performance Indicators 2008 2014 Scoring method Comparable ratings Change since 2008 xvii PI-25 Quality and timeli- C+ C+ M1 Yes Performance unchanged Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II ness if annual financial C C statements A A C C VI. External Scrutiny and Audit PI-26 Scope, nature and D+ C+ M1 Yes Audit coverage expanded and timely submis- follow-up of external B B sion of audit reports audit D C C C PI-27 Legislative scrutiny of D+ D M1 Yes No parliament annual budget law C D D NA D NA B NA PI-28 Legislative scrutiny of D D M1 Yes No parliament external audit reports D D C NA C NA D. Donor Practices D-1 Predictability of Direct D D+ M1 Yes Improvement in timeliness of donor dis- Budget Support D D bursements D A D-2 Financial information D C+ M1 Yes Improvement in donor information on provided by donors for D B project support budgeting and report- D C ing on project and program aid D-3 Proportion of aid that D C M1 Yes Greater use of national procedures is managed by use of national procedures. Table 2: Summary of Changes in Indicator Ratings since 2007 Assessment Change in Ratings Number of Indicators % Indicators Upwards 19 61 Downwards 2 7 Remained the same 10 32 TOTAL 31 100 D. International Comparison of the the Nepal PFM system rating is better or equal on PEFA Ratings four dimensions, and rating is lower on two (exter- A comparison with other countries shows that the nal scrutiny and audit and comprehensiveness and Nepal PFM system is relatively strong. Figure 1 transparency).1 In addition, Figure 2 shows that as shows that Nepal’s PEFA ratings are better than the the average rating for all of the Nepal PEFA indica- average of 15 fragile states and 27 low-income coun- tors increased from 2008 to 2014 (numerical rating tries (LICs) (except for the external scrutiny and audit increased from 2.2 to 2.7), the performance of Ne- where it is somewhat lower). Further, compared to pal’s PFM system improved relative to other coun- the average of 51 middle-income countries (MICs), tries over this timeframe. 1 The assessment data were quantified using the following conversion for each Performance Indicator (PI): A = 4, B+ = 3.5, B = 3, C+ = 2.5 C = 2, D+ = 1.5 and D = 1. This is based on first calculating the dimension-level average for each country, and thereafter the average for each dimension for each country group. S. Summary Assessment Figure1 : International Comparison of PEFA Ratings xviii A. Credibility of the budget Nepal Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II 4.00 15 Fragile States 26 Lics 3.00 52 MICS F. External scrutiny 2.00 B. Comprehensiveness and audit and transparency 1.00 0.00 E. Accounting, recording C. Policy-based and reporting budgeting D. Predictability and control of budget execution Country Credibility Comprehen- Policy-based Predictability Accounting, External of budget siveness and budgeting and control of recording scrutiny transparency budget execution and reporting and audit Nepal 3.5 2.7 3.25 2.5 2.6 1.5 15 fragile states 2.0 2.0 2.3 1.9 2.0 1.7 26 LICs 2.4 2.4 2.5 2.4 2.1 1.8 52 MICs 2.8 2.8 2.8 2.5 2.5 2.3 Source: Ratings for international comparisons reported in Afghanistan PEFA, August 2013, p. 10. Figure 2 : Nepal PEFA Ratings 2008 and 2014 Nepal PEFA Ratings 2014 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 Guinea Bissau Central African Republic Haiti Togo Comoros Myanmar South Sudan Chad Guinea Liberia Madagascar Gambia, The Niger Krygyz Republic Bangladesh Zimbabwe Congo, Dem Rep. of Nepal 08 Benin Zambia Cambodia Seirra Leone Kenya Malawi Uganda Tajikistan Tanzania Burundi Afghanistan Zambia Nepal 01 (Dr.) Mali Mozambique Ethiopia 10 Rwanda Ethiopia 01 (Dr.) Burkina Faso 1. Introduction 1.1 Objective guided by the successful partnership arrangement The objective of this assessment is to update the for the first assessment in 2008 when the World Public Expenditure and Financial Management Bank had worked in close partnership with the gov- (PEFA) assessment published in early 2008 (Report No. 43384-NP). The assessment is expected to assist ernment-led team. The government team vetted the assessment of individual indicators. 1 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II the Government of Nepal to (a) establish indicator- led assessment of the country’s PFM system,(b) up- The Government’s high-level PFM Steering Com- date the fiduciary environment of the PFM systems mittee, chaired by the Finance Secretary, provided and processes of the country, and (c) assist in identi- policy guidance for the assessment. The Steering fying those parts of the PFM system that may need Committee guided and approved the assessment further reform and development. content and specific indicator ratings. A working committee of Joint Secretaries from selected min- The specific objectives of this assessment are to: istries provided additional guidance and specific l Update the overview of PFM performance in ac- comments on the assessment report and proposed cordance with the PEFA Performance Manage- rating. The working committee was chaired by ment Framework; the PEFA Secretariat (Nepal) Coordinator and co- l Establish and explain the level of performance chaired by the Chief of the Budget and Program against PEFA 2008 ratings; Division (MoF). The member secretary of the PEFA l Prepare PFM progress report that would feed into Secretariat (Nepal) was also member secretary to government and donor dialogue on PFM reform the working committee. The PEFA Secretariat (Ne- in the short, medium and long term, including (i) pal) coordinated the work of assessment leaders in identifying possible short-term interventions to six core dimensions compromising nine teams. The assist in improving the processes and (ii) identify- lead focal persons of the six core dimensions were ing priority PFM reform areas that can be devel- also on the working committee. The lead focal per- oped to improve the management and control son was responsible for delivering the assessment of resource use (tax and aid) within a medium- to reports under the core pillars. Nepal’s development long-term period. partners (ADB, EU, DfID, and IMF) actively partici- pated at various stages of the assessment and peer reviewed the project concept note and advised the 1.2 Composition of Team and Roles Bank team at thematic PFM donor meetings. Each of Stakeholders assessment team had five to eight members based This assessment was undertaken in full ownership on comprehensiveness of the indicators. and participation of the Government of Nepal. The institutional and organizational approach taken by 1.3 PEFA assessment process the Government of Nepal ensured coordination The Government’s responsibility was assigned to among various government institutions. The assess- PEFA Secretariat (Nepal) by establishing the Steer- ment was led by the Ministry of Finance (MoF) and ing Committee. The assessment was launched at coordinated by PEFA Secretariat (Nepal) and guided an inaugural session attended by government task by the process developed by the PEFA Secretariat teams and World Bank representative. At the inau- based in Washington, D.C. This PEFA assessment was gural session, the government team and the Bank 1. Introduction discussed issues pertaining to the PEFA Framework August 11, 2014. Meetings were held with the PEFA 2 and the working methodology to be adopted. This Secretariat at the Financial Comptroller General Of- helped to enhance the understanding of the pro- fice (FCGO) and with the MoF Budget Division. This Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II cesses and to mutually agree up-front on the poten- final draft of the report addresses all the comments tial outcomes of the assessments. Subsequently, se- received up to November 31, 2014. ries of training workshops on the PEFA assessment were organized for the assessment teams. 1.4 Scope of the assessment The report covers the central government, as de- The working committee compiled the PEFA high- fined in IMF-GFS, which includes autonomous level performance indicator set (Annex 2 of the con- government agencies at central level (see indicator cept note) together with any applicable supporting PI-7), but not public enterprises and local govern- documentation and analyses. An inventory of exist- ments except insofar as they may be a source of fis- ing materials was prepared, with the starting data cal risk to the Government of Nepal (PI-9). This is the and documents available from previous and ongo- same coverage as required by the PEFA framework ing assessments. for central government (Blue Book) and includes all 31 indicators covering all phases of public financial The task team supported and followed up with management as prescribed in the PEFA Framework. fieldwork, where required, to collect missing infor- mation, with special focus on shortcomings in in- 1.5 Reform Suggestions stitutional arrangements, systems, and processes in Respective teams were encouraged to list suggest- the PFM cycle. The assessment included collection ed reform activities against all indicators. These are of additional documentation, including meeting listed in Annex 2. These suggested reforms are the minutes, and interviews with government counter- starting point toward finalization of PFM reform ac- part teams and main stakeholders. Thereafter, the tivities, post finalization of this assessment. team prepared a Draft Performance Report in May 2014, a rapid assessment in accordance with the 1.6 Quality assurance PEFA PFM Performance Measurement Framework The involvement of multiple stakeholders helped to guidelines. The team highlighted reform areas un- assure quality of the assessment as did the review of der each indicator. The report was updated and re- the concept note by major development partners fined following advice from a World Bank team. A including the PEFA Secretariat in Washington. The specialist in the use of PEFA methodology assisted findings of the assessment were shared with the in the later drafts and visited Nepal in August 17-20, donors in September 2014 and their comments as- 2014. A fourth draft was prepared from additional sisted the finalization of the draft report. The World inputs and evidence provided by the working com- Bank also provided continuous quality control sup- mittee and was distributed to all stakeholders on port. 2. Country background information 2.1 Economic Growth Revenue collection remained strong. Tax and The economy grew by 5.2 percent in FY14 compared non-tax revenues reached 18.38 percent of GDP to 3.5 percent in FY13 and 4.6 percent in FY12. This as compared to 17.60 percent in FY13 and 16 per- 3 was possible despite the lackluster industrial growth cent in FY12. On the expenditure side, government Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II (2.7 percent in FY14 compared to 2.5 percent in FY13 expenses grew after falling down to 21.19 percent and 3 percent in FY12) as private actors held back of GDP in FY13 relative to 22.21 percent of GDP in investment owing to political uncertainty and poor FY12. Government expenditure reached 23.33 per- investment climate, including frequent labor prob- cent of GDP (including financing) with only 3.31 lems. The government estimated GDP growth at 5.2 percent going to capital formation. percent in FY14.The GDP growth was due mostly to (a) good agriculture sector performance (4.7 per- 2.2 Challenges/Priority areas cent in FY14 compared to 1.1 percent growth in Developing a growth promotion vision/agenda. FY13) owing to a good monsoon and timely sup- Nepal aspires to graduate to “developing country” ply of inputs during the plantation season and (b) status by 2022.The authorities have not articulated strong services sector performance (6.1 percent in the development to underpin this outcome nor FY14 compared to 5.2 percent in FY13 with some have they identified policies and reforms that are linkages to growth in remittance transfers. needed to attain the goal. Inflation. Inflation stood at 9.1 percent against the Resolving Nepal’s ‘fiscal paradox’. Nepal is the government target of 8 percent. The continued only country in South Asia to record a budget sur- increase in food prices (11.6 percent in FY14 com- plus (helped by buoyant revenue growth). Its level of pared to 9.7 percent in FY13) kept inflation high de- indebtedness is modest and it is flush with liquidity spite a slower rise in non-food prices (6.8 percent (thanks to large remittance inflows); yet it struggles in FY14 compared to 10.1 percent in FY13). Food to maintain investment even at existing low levels. prices remained inexplicably high despite a bumper harvest both in Nepal and India. Boosting investment. Faster and sustained econom- ic growth will not be possible without higher levels of Fiscal outturn. Timely adoption of the budget saw investment, but Nepal’s model of growth appears pre- a growth in government expenditure, but the qual- mised on remittance-financed consumption. ity of the expenditure remained questionable with 46 percent of the expenses bunched in the last tri- 2.3 PFM Institutions mester and 21 percent of the expenditure spent in Major responsibility for the management of the pub- the last month of the fiscal year. In FY13, owing to lic finance in Nepal rests by law with the Parliament, significant delays adopting a full-fledged budget, Ministry of Finance, the National Planning Commis- Nepal experienced a (real) fiscal contraction with sion (NPC), the Public Procurement Monitoring Of- solid revenue growth far outstripping the Govern- fice (PPMO), and the Financial Comptroller General ment’s ability to invest. Office. Annex A provides more details on structures of these and other public finance institutions. 2. Country background information Nepal is a federal republic with a multi-party pol- Ministries with nationwide operations have their 4 ity. The President is the head of state and the Prime own district offices, and these are counted as de- Minister is the head of Government. Both are elect- concentrated units. Their revenues and expendi- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II ed by the Parliament. The most recent election, held tures are included in the central budget and ac- in November 2013, elected 240 representatives counts while that of local bodies are separate from through the first-past-the-post system and 335 rep- the central budget and accounts. resentatives through proportional representation. The elected Constituent Assembly is also the legis- According to a 2013 OAG report there are 3,744 lative body. public offices (including the Supreme Court, execu- tive, legislature, constitutional bodies, Nepal army, Structure of Nepal’s public sector. Nepal’s public armed police force, Nepal police, courts, and MDAs), sector functions at three levels: central, district and 92 corporate bodies, and 808 boards and other in- local. For administrative purposes the 75 districts are stitutions. Table 8 shows the approximate structure grouped in 14 zones and 5 development regions. and expenditure of the Government of Nepal. Nepal has 3,754 village development committees and 99 municipalities. Each of the 75 districts has a National Planning Commission. The Prime Minister district development committee. The Local Self Gov- chairs the National Planning Commission and a Vice- ernance Act (LSGA) declares as “local bodies” all dis- chair appointed by the government leads its day-to- trict development committees, village development day affairs. The NPC functions include the following: committees, and municipalities with their own legal l Formulate development policies and prepare personality, rules and regulations, and elected politi- periodic development plans within the frame- cal leadership. However, as there has been no local work of a long-term development perspective; election since the local councils were dissolved in l Explore internal and external resources and in- 2002, these entities have been run by civil servants digenous and foreign technology and make rec- assigned by the central government. For this PEFA as- ommendations to the Government; sessment, these local bodies are considered as sub- l Explore innovative approaches for sustainable national governments rather than de-concentrated development; central government units. Fiscal relations between l Formulate annual programs and assist the Gov- the local bodies and central government are de- ernment in implementation; scribed under PI-8in part 3, Assessment of PFM Sys- l Provide guidelines, advice, and suggestions to tems, Processes, and Institutions]. sectorial MDAs and local bodies and assist them in plan and project formulation; Table 3 : Structure of General Government July 2013 NR millions Number of Transfers from % of units Expenditure Net total central govern- expenditure ment Central government ministries, incl. de-con- 45 302,054 23,300* 270,054 68.0 centrated offices Autonomous government agencies (estimate) 1,460 95.000 95,000 23.9 District development committees 75 Municipalities 58 32,000 32,000 8.1 Village development committees 3,915 TOTAL 5,553 397,054 100.0 Sources: Budget Speech and Annexes 13 July 2014, and World Bank estimates. Note: The number of VDC and Municipalities is of pre changes. The latest count is in the text section. * Parts of the grants to social service (code 26400, NR 79,190m) are to Autonomous government agencies. This should be deducted as well as the 23,300m to local bodies, but could not be identified. The total therefore includes some double counting. l Advise Government on institutional development to the Government. The office also coordinates pro- of M&E systems to monitor program and project curement, including debarment proceedings, and 5 implementation according to plan targets and supports capacity building through professional Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II outlay, and carry out impact evaluations; development plans and training for public officials l Provide guidelines for data collection and carry and bidders. It also plans and coordinates technical out action research necessary for the evaluation assistance on public procurement and functions as of new policies and for the refinement of the the secretariat of the Procurement Review Commit- planning process; tee. The PPMO reports to the Government annually. l Provide guidelines on policy targets and priori- It also monitors public procurement through site ties regarding annual budget formulation to the visits and documents. Other functions include: Ministry of Finance and all line ministries before issuing the budget formulation circular; l Developing indicators for continuous monitor- l Formulate a policy framework for approval of ing of the public procurement proceedings; district-level projects by ministerial secretaries; l Advising on public procurement; l Approve central-level projects; l Establishing and maintaining websites dedicat- l Set annual targets for development programs by ed to public procurement management; December of each year; and l Developing and issuing standard bidding docu- l Advise government offices on accepting any ments for civil works, goods, and consultancy; and kind of aid (kind or cash) and aid agreements. l Issuing manuals, directives, instructions, and technical notes for public procurement. Financial Comptroller General Office. Major re- sponsibilities of the FCGO is treasury management. Ministry of Finance The FCGO oversees all government expenditures International Economic Cooperation Division against the budget, centrally records revenue col- (IECCD), Ministry of Finance is responsible for mo- lection and other receipts, and prepares consoli- bilization and optimal use of resources through for- dated financial statements. Its functions cover con- eign aid for accomplishing the development goals ducting internal audit of revenue and expenditures. of reducing poverty reduction and realizing sustain- Another important responsibility is to ensure timely able, high-economic growth. repayment of internal and external debts, investing in loans and equity of public enterprises, and main- Economic Policy Analysis Division is charged with taining records of these financial transactions. It also analyzing economic trends and issues like govern- manages pension distribution to retired govern- ment expenditure, revenue mobilization, budgetary ment employees. deficit, internal and external debt, price and infla- tion, and monetary and foreign exchange policy. Its The FCGO has 4 divisions and 14 sections. Its field of- responsibilities also include conducting studies for fices are spread across all 75 districts of the country. taking actions for attaining sustainable economic In each district there is a District Treasury Controller growth and stability in line with the changing glob- Office (DTCO) that is involved in releasing budgets al context. It also conducts market analysis, moni- to government offices, budgetary controls, and re- tors prices, adopts measures for maintaining price porting. One office under FCGO manages pensions stability, and works to prevent money laundering. of retired civil servants. The Government Dues Re- covery Office is responsible for recoveries. Budget and Program Division helps in implement- ing government fiscal policies by preparing public Public Procurement Monitoring Office. The main expenditure plans needed for attaining sustainable PPMO functions are to prepare a public procurement and pro-poor growth facilitated by stable, prudent, policy and recommend implementation measures and sustainable macroeconomic environment. 2. Country background information Monitoring and Evaluation Division is respon- PFM-related institutions executes the reforms. The 6 sible for enhancing good performance practice Secretariat has also been assigned the role of coor- against standards through quality control, and pro- dinating this PEFA assessment. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II ductivity gained from efficient use of resources for enhancing the revenue base. Public enterprises and autonomous govern- ment agencies. Nepal has 37 public enterprises Financial Sector Management Division improves, that report annually to Ministry of Finance. The OAG coordinates, monitors, develops, and expands the lists another 808 parastatals (autonomous govern- banking and the financial sector. ment agencies, boards, and committees) in Nepal but does not distinguish between commercial and Revenue Management Division is mainly respon- non-commercial or between public enterprises and sible for formulating revenue policy and guidelines, autonomous government agencies. These bodies carrying out revenue forecasting, and implement- report to their parent ministries and are subject to ing policies. audit by the OAG. The World Bank made an analysis of all parastatals in 2013, classifying them according PEFA Secretariat (Nepal) was established in 2009 to IMF-GFS. There appear to be at least 1,372 non- to coordinate PFM reform activities. The Finance commercial entities that are part of central govern- Secretary is the chair of the Steering Committee, ment according to GFS criteria [see text under PI-7 which provides overall policy and reform guidance. (i) in part 3, Assessment of PFM Systems, Processes, A Working Committee with representatives from all and Institutions]. 3. Assessment of the Pfm systems, processes, and institutions 3.1 Budget credibility (PI-1-4) Justification of rating Effectiveness of public financial management is In the three fiscal years under review, the actual ex- measured by how the Government implements penditure went above the threshold of 5 percent its policies and plans with regard to its budget. The only once in FY13. The deviation was 5.9 percent 7 credibility of the budget is determined by how close while the deviations for FY12 and FY11 were at 1.9 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II the intention (planned, expenditure, and revenue) is percent and 4.05 percent, respectively (Table 3.1, with actual use of resources and expenditures. Four and more details in Annex B). A tighter and imple- indicators measure the budget credibility based on mentable budget size (guided by realistic budget planned versus actual status of implementation. formulation guidelines)and the mid-year budget review, which steered budget execution for remain- PI-1: Aggregate expenditure outturns compared ing period of the fiscal year using data generated to original approved budget by the Treasury Single Account (TSA), strengthened The government’s ability to implement the budget budget formulation and use processes. These new is important for delivering the intended public ser- processes supported by data are marked improve- vices as expressed in policy, and for ensuring the ments compared to the first PEFA assessment. planned outputs. This indicator measures the gov- ernment's ability to spend budgeted expenditures Table 3.1 : Budget Outturn by comparing actual expenditure outturn with pri- NRs billions mary budgeted expenditure.2 FY2011 FY2012 FY2013 Original budgeted total 213.93 229.27 291.54 Scoring method: M1 primary expenditure Assessing dimension PI-1: The difference be- Actual expenditure 205.26 233.67 274.19 tween actual primary expenditure and the origi- Difference between 8.66 -4.40 17.35 nally budgeted primary expenditure. actual and original budgeted primary Rating PI-1: A. In no more than one year in the expenditure last three years has the actual expenditure devi- Difference as percent 4.05% 1.92% 5.95% ated by an amount equivalent to more than 5 of original budgeted percent of budgeted expenditure primary expenditure Source; Financial Comptroller General Office. PI-1 Summary Rating Framework Information Explanation of change, since 2008 Indicator Evidence used Rating in 2008 requirement sources PI-1 Percentage A In no more than Annual reports B Budget preparation process has of actual one year, over of FCGO been strengthened through budget expenditure last three years, guidelines and budget preparation to budgeted did actual expen- manuals; data generated from TSA expenditure for diture deviate guideline budget preparation and last three fiscal by an amount mid-year budget review; virement years. more than 5% from surplus heads to high burn-rate of budgeted heads are based on data generated expenditure by TSA while contingency funds are tied for intended activities 2 Primary expenditure is defined as total expenditure net of debt services and donor-funded expenditure. 3. Assessment of the Pfm systems, processes, and institutions PI-2: The composition of expenditure outturn Justification of Rating: 8 compared to original approved budget. The variances in the composition of expenditure at Execution of the policy intent is firmer when there is the MDAs for the review period (FY11-FY13) com- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II minimum change at the budget execution level as pared to the expenditure3 were 11.8 percent in compared to original budget. Minimum changes dur- FY11; 16.7 percent in FY12, and 5.3 percent in FY13 ing the execution stage from original budget, at the (more details in Annex B). administrative level, confirm policy intent execution with minimum variance in expenditure compositions. In FY13, of five large spending MDAs (46 percent of This is measured through two dimensions: (i) the ex- the total budget), the composite variance was 4.4 tent to which reallocations between budget heads percent and overall variance only 8.3 percent. Vari- during the execution have contributed to variance in ance signals the remaking of the budget during the expenditure composition, and (ii) size of contingency implementation phase, but the variance has been budget and level of actual expenditure charged to brought under control recently with closer moni- the budget head. The second dimension recognizes toring of implementation by budget managers, as- that it is prudent to include an amount to allow for sisted by on-line data (Table 3.2). unforeseen events as a contingency reserve. Yet, such a reserve should not be so large as to undermine the Under the current practice, appropriation under overall budget credibility. policy financing and miscellaneous is held by the Ministry of Finance (MoF), which is then subse- Scoring method PI-2: M1 quently transferred to appropriate ministry in the Rating PI-2: C+ course of activity implementation. This is the case for public investment (loans and shares) in large en- Assessed dimension (i): Extent of the variance ergy, irrigation, and drinking water projects. This has in expenditure composition during the three led to large variances under the code MoF – Public years, excluding contingency items. Enterprises (see Annex B). Rating dimension (i):C. Variance in expenditure composition exceeded 15 percent in no more than one of the last three years Table 3.2 : Five Largest Ministries Data for year = 2013 Five Largest Ministries Rs. Billion Administrative or functional head Budget Actual Adjusted Deviation Absolute Percent budget deviation Ministry of Education 45.9 46.0 44.7 1.2 1.2 2.7 Ministry of Local Development 24.6 25.3 24.0 1.3 1.3 5.4 Ministry of Home Affairs 23.5 23.7 22.9 0.8 0.8 3.6 Ministry of Defence 21.4 21.1 20.9 0.2 0.2 1.0 Ministry of Physical Planning and Construction 22.3 19.4 21.7 (2.3) 2.3 10.7 Allocated expenditure 137.8 135.5 134.3 1.2 5.9 Contingency 12.3 2.0 Total expenditure 150.1 137.5 Overall (PI-1) variance 8.3 Composition (PI-2) variance 4.4 Contingency share of budget 1.4 3 Adjusted for the aggregate deviation. Table 3.3: Share of contingency fund use in total budget Assessed dimension (ii): The average amount S. N. Fiscal Year Percentage Average 9 of expenditure actually charged to the con- 1. 2011 O Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II tingency vote over the last three years. 2. 2012 0.04 0.25% Rating for dimension (ii): A. Actual expenditure 3. 2013 0.7 charged to the contingency vote was on average less than 3 percent of the original budget The relatively high use of the contingency budget in 2012/13 was on account of second Constituent Justification of rating: Assembly election and in anticipation of plausible The total contingency budget (current and capital) government restructuring. as a share of budget is low. While the current contin- gency fund is for non-budgeted expenditure (natural The improvement in appropriation and use of the emergencies, executive decisions, and others), capital contingency budget is the result of following mea- contingency budget is appropriated for projects that sures: (a) budget can only be allocated under the were unable to complete negotiations within the contingency head by clearly stating the purpose; (b) budget preparation cut-off date. Both these accounts past budget implementation information anchors are under Mo jurisdiction and have clear guidelines budget planning and formulation alongside the aim on the use of these funds. The budgeted allocation to optimize the use of resources on the ground; and to the contingency fund during the last three years (c) mid-year budget review process for redirecting averaged 0.25 percent of the total budget, but little resources and/or freezing resources allocated for expenditure was charged against the contingency unjustifiable activities. budget. The use of the budget was mainly confined to virement to ministries, where actual expenditure was charged in accordance with good practice. PI-2 Summary Explanation of Rating in Framework Information change, since Indicator Evidence Rating 2008 requirement sources 2008 PI-2 C+ PI-2(i) Variance in FY11 C In three assessed Annual report of C Methodology was 11.8%, in FYs, only FY12 was FCGO change FY12was16.7%, the composition and in FY13 was of variance above 5.3%. 15% PI-2(ii) Actual expendi- A Actual expenditure Annual report of NA Methodology ture to the con- charged to contin- FCGO change tingency budget gency budget was was 0.25% on an on average less average for three than 3% of original years. budget 3. Assessment of the Pfm systems, processes, and institutions PI-3: Difference between estimated revenue in Only in one year of the three fiscal years, was revenue 10 approved budget and actual revenue outturn collection below 97 percent of the target (Table 3.4). Revenue accuracy lends to budget credibility to the In FY11, revenue collection was 92 percent of target. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II extent that resources users are assured of funds from Annual remittance inflow of 25 percent of GDP has the treasury as negotiated. This assessment compares fueled consumption. This has not only contributed deviation of revenue from forecast to collection. to the economy’s growth through the consump- tion route but has also resulted in robust revenue Scoring method: M1 collections. Revenue collection, as a percentage of Assessed PI-3: Actual domestic revenue col- the budget target was 101 percent in FY12 and 102 lection compared to domestic revenue in the percent in FY13 as a result of administrative reforms original, approved budget. in taxation. Rating PI-3: A. Actual domestic revenue was between 97 percent and 106 percent of Table 3.5 : Selected major taxes budgeted domestic revenue in at least two of NPR billion the last three years FY2011 FY2011 FY2012 FY2013 Tax revenue 172.8 211.7 259.2 Justification for Rating The Budget and Resource Committee—Vice-Chair of  Income Tax 42.1 52.9 66.1 National Planning Commission, Governor of the Ne-  Taxes on Property 6.6 3.6 5.3 pal Rastra Bank (NRB), and MoF Secretary—prepares  Consumption tax 88.4 110.6 129.3 and provides the ceiling of the estimated resource  Trade Tax 35.7 44.7 58.5 (revenue and aid) availability and its use (budget ex- Non-Tax revenue 25.6 32.7 36.8 penditure) for any given fiscal year, thereby initiating  Charges 10.2 0.3 0.3 the process of annual budget formulation process six months before the new fiscal year begins.  Sales of services 1.6 6.9 11.2  Dividends 8.6 9.4 10.8 Table 3.4 : Revenue collection versus budget target Others 5.2 16.1 14.5 NPR billion Fiscal Year Budget % Collection estimates 2011 216.644 198.376 92 2012 241.77 244.374 101 2013 289.605 296.021 102 PI-3 Summary Explanation of Score in Indicator Evidence Score Framework require- Information Sources changes, since 2007 ment 2007 PI-3 The actual domestic A Actual domestic rev- Annual Economic A Tax administra- revenue collection enue collection was Statement published tive reforms’ compared to revenue between 97% and by the Office of impact on tax estimates in FYs 2011, 106% of budgeted Comptroller General collection backed 2012 and 2013 are domestic revenue in by conspicuous respectively 92%, 101% at least two of the last consumption fu- and 102% of revenue three years. eled by remittance target. inflow. PI-4: Stock and monitoring of expenditure This statement of arrears is to be forwarded with the payment arrears financial statement to the pertinent supervisory of- 11 The indicators assess the size and the system that fice, concerned ministry, DTCO, and OAG. There is Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II tracks expenditure arrears. High level of arrears de- no age analysis of arrears. notes inadequate commitment controls, cash ra- tioning, inadequate budgeting for contracts, lack of There is legal and process clarity and guidance to information, etc. that not only lowers the credibility discourage expenditure payment arrears/ liabilities of the budget but can also lead to lower account- for the next fiscal year. Such expenditure can only ability of money use. There are 2 dimensions to this be paid if the money authorized for the current fis- indicator cal year is sufficient. Capital expenditure arrears are to be incorporated into the annual program of the next Scoring method: M1 fiscal year and must be approved by the concerned RatingPI-4: B+ ministry and the National Planning Commission. The stock of expenditure payment arrears was be- Assessed dimension (i): Stock of expenditure low 0.5 percent of expenditure in the last two years payment arrears (as a percentage of actual to- (FY12, 0.31 percent of total expenditure; and FY13, tal expenditure) and any recent change in the 0.15 percent of the total expenditure). stock. Rating: A. The stock of arrears is low (i.e., is be- Table 3.6: Arrears in FY 12 and 13 low 2 percent of total expenditure) Amount Arrears Fiscal Budget (Million (Million (%) Year head Justification of the Rating NPR) NPR) ‘Arrears’ in Nepal means liabilities for goods/servic- Recurrent 243,460 665.7 0.27 es received or work done for which invoices have 2011/12 Capital 51,390 257.5 0.50 been received but have not yet been paid. They are Total 294,850 923.2 0.31 counted as arrears even though the invoice may not Recurrent 247,456 170.2 0.07 be immediately payable. According to FCGO, there 2012/13 Capital 54,598 287.1 0.52 are arrears on goods and services and work done, Total 302,054 457.3 0.15 including salary arrears, but no arrears in debt ser- Source: FCGO – FMIS Arrears reporting module. vice. The rule is that bills should be paid within 30 Note: Consolidated Financial Statements for FY12/13 Executive Summary, days of receipt. Financial Procedure Rules 2064 has para.11, Table 13 is headed “Outstanding Advances and Arrears” but should be headed “Outstanding Advances and Irregularities”, nothing to do with specific guidelines in recording arrears and Rule 40 expenditure arrears. (7) states: No liability shall be created in a manner to incur ex- penditure beyond the budget limit for the current year. However, in exceptional circumstances, when ex- penditure incurred is above appropriated budget, the amount due and payable shall be entered in the state- ment of due amount, setting out the reason for mak- ing payment of the amount as per the bill and voucher for the coming year, and get it certified by the Office In-charge and the District Treasury Comptroller Office (DTCO) within the 15th day of the month of Shrawan (last day of end of fiscal year, usually 15th of July). 3. Assessment of the Pfm systems, processes, and institutions Table 3.7: DECS-generated arrears record for FY13 12 Assessed dimension (ii): Availability of data for moni- Government of Nepal toring the stock of expenditure payment arrears. Ministry of Finance Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Rating: B. Data on stock of arrears is generated Financial Comptroller General Office annually but may not be complete for a few Expenditure Payment Due identified expenditure categories or specified Fiscal Year 2012/13 budget institutions District/Ministry/Office/Budget Sub-head/ Expenditure Expenditure Line-item Payment Due Justification of the Rating 01 Taplejung   Enforcement of Form 18 (arrears form) initiates the   314 Ministry of Home Affairs   recording of payment outstanding at transaction 01-314--01 District Administra- level. Thereafter, the District Expenditure Control   tion Office   System (DECS) records expenditure payment ar- 3140163 District Administra- rears. With the implementation of TSA, outstand-   tion Offices   ing consolidated payment arrears is generated   21111 Salary 177,087.00 automatically, which is then verified for material in-   Total 177,087.00 consistency. Both internal and external audits certify 3491023 Reconstruction and the scale and level of outstanding arrears. The OAG   Restoration Program   report in 2012/13 does not mention expenditure ar- 26412 Conditional rears as an issue. Table 3.7 shows a DECS-generated Recurrent Grant for Government agencies, arrears record for FY13 detailing the name of dis-   committees, and boards 148,800.00 trict, ministry, by charts of accounts and total. These         Total 148,800.00 reports are then automatically compiled into con-         District wide total 325,887.00 solidated arrear report and then submitted to OAG. There is no evidence of age profiling of the arrears. PI-4 Summary Evidence Used Rating Framework Source of Rating Explanation of requirement information in 2008 change since 2008 (i) Stock of expenditure payment arrears (as a percentage of actual total expenditure) and any recent change in the stock. Financial statement of FCGO A The stock of Annual report of C Stock of expenditure pay- of FY11/12 and12/13. The arrears is low FCGO FY2011/12 and ment arrears has reduced expenditure payment ar- (i.e., below 2% of FY2012/13. significantly due to strong rears to actual expenditure total expendi- Annual Report of OAG control measures used by were respectively0.31% ture) and statements pro- MoF and enhancement of (FY11/12) and 0.15% duced by the SUs. recording system through (FY12/13). Records main- FMIS/ TSA/DECS. tained by DTCOs in TSA/ DECS based on statements submitted by spending units and verification of ob- servations by internal audit and external audit by OAG. (ii)Availability of data for monitoring the stock of expenditure payment arrears. Annual report of the FCGO B Data on the FMIS, DECS/TSA D The record system of expen- DECS/TSA system (enforced stock of arrears is system, annual report diture payment arrears has since 2009) has forced generated annu- of FCGO, office-wide re- been significantly improved the offices to record such ally but does not ports and annual audit due to the improvement of arrears in FMIS and prepare include an age reports of OAG. FMIS and implementation district-wise annual report. profile. of the DECS/ TSA system. Monitoring of expenditure payment arrears is possible in the online system. Govern- ment has strongly enforced the means of control while releasing the authorization letter. 3.2 Comprehensiveness and Justification of Rating Transparency (PI-5-10) The budget cycle—formulation, execution, record- 13 Comprehensiveness and transparency of budget is as- ing, and reporting—is based on administrative, eco- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II sessed through six indicators (PI-5-10). These indicators nomic, and functional classification using GFS/CO- assess the classification of budget information in rela- FOG standards. Both classifications and the charts of tion to comparable international indicators, its com- accounts are aligned. The chart of accounts covers prehensiveness, and the access of stakeholders to this both revenue and expenditure accounts. Reports information. The assessment also includes the extent can be generated for all stages of the budget cycle to which unreported information on operations and to 50 sub-functions. The remaining 19 GFS sub- fiscal relations between layers of government is trans- functions are not presently applicable and hence parent and available in the public domain. not in use, but can be operationalized as needed. The budget architecture can provide this informa- PI- 5 Classification of the budget tion upon operationalization. This indicator assesses comparability of budget cycle information, its formulation, execution, reporting, and Gender responsive, pro-poor, climate change, and recording in relation to international standards. Stan- the strategic pillars of the periodic Plan are also used dards from IMF Government Finance Statistics (1986 to classify the budget. The chart of accounts can gen- or 2001 version) and UN Classification of Functions of erate all information, for all stages of budget cycle, Government (COFOG) are used for comparison. from the FMIS system. This information is publicly available in both, print and electronic, platforms. Scoring method: M1 Assessed dimension: The classification system Like budget, revenue codes are GFS compliant and used for formulation, execution, and reporting are recorded and monitored using the administra- of the central government's budget. tive, economic, and functional classifications. While Rating PI-5:A. The budget formulation and ex- the revenue codes cover 100 percent on the eco- ecution is based on administrative, economic, and nomic side, the social security tax and a few other sub-functional classification, using GFS/COFOG taxes are covered on the administrative side of rev- standards or a standard that can produce consis- enue codes. As noted above, all fiscal information tent documentation according to those standards. is publically available. However, revenue classifica- (Program classification may substitute for sub- tion does not include the social contribution; it is functional classification, if it is applied with a level included separately as the social security tax under of detail at least corresponding to sub-function.) the remuneration tax head. PI-5 Summary Rating Explanation of change in 2008 since 2008 Evidence used Rating Framework requirement Information sources Budget formula- A Budget formulation and Budget Formulation C Compared with 2008, tion and execution is execution is based on Manual, January 2011 performance has presented in summary administrative, economic, (MoF). improved with more ef- form in accordance and functional classifica- Chart of Accounts, fective use of functional with economic and tion using at least the 10 May 2009 (FCGO). and economic classifi- functional classifica- main COFOG functions, Budget Operation cation according to GFS tions using GFS 2001 and GFS 2001 standards Guideline, 2011 (MOF). 2001 standards. Budget standards. The detailed for50 of 69 sub-functions. Consolidated Finan- documentation is now budget formulation and The remaining 19 sub- cial Statement F/Y comprehensive. execution is presented codes are not applicable 2011/12 (FCGO). on the administrative in the country but can be classification, broken made operational when down by program and the need arises. sub-program as per the country's need. 3. Assessment of the Pfm systems, processes, and institutions PI-6: Comprehensiveness of information or the estimated outturn), presented in the same 14 included in budget documentation. format as the budget proposal; Nine information elements measure the comprehen- (8) Summarized budget data for both revenue and Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II siveness of the budget submitted by the central gov- expenditure according to the main heads of the ernment to the legislature for scrutiny and approval. classifications used (refer toPI-5), including data These nine information elements are as follows: for the current and previous year; and (9) Explanation of budget implications of new policy (1) Macro-economic assumptions, including at least initiatives, with estimates of budgetary impact of estimates of aggregate growth, inflation, and ex- all major revenue policy changes and/or some change rate; major changes to expenditure programs. (2) Fiscal deficit, defined according to GFS or other internationally recognized standard; Scoring method: M1 (3) Deficit financing, describing anticipated composi- tion; Assessed dimension: Share of the 9 elements listed (4) Debt stock, including details at least for the be- information in the budget documentation most re- ginning of the current year; cently issued by the central government (in order to (5) Financial assets, including details at least for the count in the assessment, the full specification of the beginning of the current year; information benchmark must be met). (6) Prior year’s budget outturn, presented in the same format as the budget proposal; Rating PI-6:A. Recent budget documentation ful- (7) Current year’s budget (either the revised budget fills 7 of the 9 information benchmarks. PI-6 Summary Rating in Explanation of change 2008 since 2008 Evidence used Rating Framework Information sources requirement Recent budget A Recent budget Budget speech 2013/14; B Previous assessment documentation documentation fulfills FCGO accumulated rating 5-6 of 9 marks. fulfills 8 of 9 8 of 9 information Financial Report; Budget documentation benchmarks. benchmarks Economic Survey; has now been more MTEF document. comprehensive. Is there sufficient Information element: Information sources information to fulfil the requested rating? Yes Macro-economic Budget speech of FY 2013/14(Para 401). Estimates assumptions, of economic growth of 5.5% and 8% inflation have including estimates been set. Estimation of debt servicing is based on of aggregate growth, foreign exchange rate of any particular date of the inflation & exchange current fiscal year. rate. Yes Fiscal deficit, defined Budget/fiscal deficit is calculated as per GFS 2001 according to GFS or standards and provided in the annex-1 of Budget other internationally Speech. In para 400 of the Budget Speech states recognized standard and clarifies the level of fiscal deficit. Yes Deficit financing, Deficit financing aggregate level decomposition is describing anticipated available in annexes: 1, 4, and 8 of Budget Speech. composition. Loan wise decomposition information is available on the source book – ‘White Book’. NO Debt stock, including FCGO and Central Bank report debt stock. details at least for Economic survey reports end of the year debt the beginning of the stock (ten years) at aggregate level. But, there is current year. no complete external debt database as there is no recording of on-lent loans and guarantees and no entity records domestic debt beyond the registry in place at the Central Bank. PI-6 Summary Evidence used Rating Framework Information sources Rating in 2008 Explanation of change since 2008 15 requirement Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II No Financial Assets, There is no Information on financial assets including details at (aggregate). least for the beginning of the current year. Yes Prior year’s budget Last two year's line item wise budget is presented outturn, presented in in the budget speech book and appropriation the same format as the book (red book) annexes. budget proposal. Yes Current year’s budget Approved budget or estimated outturn is included (either revised budget in Budget Speech 2013/14 annexes: 1,4, 8. or the estimated outturn), presented in the same format as the budget proposal. Yes Summarized budget Summarized budget data for, revenue and data according to expenditure, according to the main heads of the main heads, including classification (ref. PI-5), including data for the data for current & current and previous year, is presented in Budget previous year. Speech annex: 4, 8 and appropriation book (red book annex). Yes Explanation of budget Explanations of budget implications of new implications of new policy initiatives, with estimates of the budgetary policy initiatives, impact of all major revenue policy changes and/ with estimates of the or major changes to the expenditure programs are budgetary impact. explained in detail in the Budget Speech. These numbers are then reflected in the annexes. PI-7: Extent of unreported government operations. Justification for Rating: This indicator assesses the completeness of central Annually, the subnational governments (SNGs) and government’s operation (revenue and expenditure) many public enterprises and autonomous govern- by including fiscal statements on extra-budgetary op- ment agencies submit financial reports to their erations and donor cash-funded activities. Two dimen- respective parent ministries and the Ministry of sions, one focusing on the level of extra-budgetary Finance. However, a consolidated fiscal report of operations (which are not reported) and non-reported all autonomous government agencies and subna- donor-funded activities but implemented by the Gov- tional governments is not prepared thus lowering ernment (commodity grant, supplies and contracts to the accountability of resource use. There is no good which the Government is not a party, donor technical handle on extra-budgetary operations stemming assistance, and MDA-implemented trust funds) should from subnational governments and autonomous be included to complete the picture of central govern- government agencies. The consolidated financial ment revenue, expenditure, and financing. statement does not cover revenues and expendi- tures of major autonomous government agencies Scoring method: M1 and various funds (e.g., peacebuilding activities RatingPI-7: D+ under Ministry of Peace and Reconstruction, other than shown in the budget book, Citizen Invest- Assessed dimension (i): The level of extra-budgetary ment Trust, Employee Provident Fund, and Social expenditure (other than donor-funded projects), Security Fund). The OAG estimates that there are at which is unreported (i.e., not included in fiscal reports). least 1,372 autonomous government agencies, with Rating: D. The level of unreported extra-budget- many reported to be outside the central govern- ary expenditure (other than donor-funded proj- ment budget and therefore outside the central ac- ects) constitutes more than 10 percent of total counting and reporting system. These bodies were expenditure. roughly estimated to have had expenditure of NPR 95 billion in FY 2012. 3. Assessment of the Pfm systems, processes, and institutions There are also significant unreported tax expenditures 16 and quasi-fiscal expenditures. Though these categories Assessed dimension (ii): Income/expenditure information on donor-funded projects, which is are not counted as expenditure under current account- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II included in fiscal reports. ing/reporting standards, they are “hidden expenditures” Rating: C. Complete income/expenditure information and evidently an important part of the whole fiscal archi- for all loan-financed projects is included in fiscal reports tecture. Tax expenditures (granted to diplomatic institu- tions, donor-funded projects, and other tax-exempted and therefore included in FMIS and financial reports) as entities as per section 18 of Finance Ordinance 2013) add 46 percent.5 Only 29 percent (0.64 x 0.46) of all aid was up to NRs 31.4 billion, approximately 11 percent of total fully reported. The Development Cooperation Report revenue collection.4 Quasi-fiscal activities, particularly by does not analyze this between grant and loan, but public enterprises selling at below cost, have not been ac- shows that 18.5 percent of all aid was on loan terms counted. Even without these two categories, unreported (US$177.90 million), while 81.5 percent was on grant expenditure is considerably more than 10 percent of total or technical assistance terms (US$781.93 million). Table expenditure, which in 2012/13 was NRs 302.1 billion. 3.8 indicates that only 13 percent of grant aid and tech- nical assistance (US$100.45 million) was fully reported. Justification of Rating All loan-financed project financial activity is reported, re- Table 3.8 : External assistance in FY12/13 corded, and audited. There are some exceptions when US$ millions it comes to grant-financed activities, some of which are implemented outside the government’s purview. The Reported Not reported Total Development Cooperation Report 2013 cites the sta- Grant and TA 100.45 681.48 781.93 tus of aid reporting as follows: (a) on budget 64 percent Loan 177.90 0.00 177.90 and (b) on treasury (i.e., channeled through the Treasury Total 278.35 681.48 959.83 PI-7 Summary Rating Explanation of change in 2008 since 2008 Evidence used Rating Framework Information requirement sources PI-7 D+ C Dimension (i): There are 1,062 D The level of OAG Report C Expanded coverage of parastatals (including autonomous unreported 2013 government operations government agencies, trust funds, extra-budgetary Budget and strengthening of and state corporations) in which expenditure (other Speech 2013 processes, systems, and government has a majority stake. than donor- institutions compared to Estimated unreported expenditure is funded projects) last assessment. considerably more than 10% of total is estimated to be expenditure; comprehensive details over 10%. on expenditure and on-tax revenues are not included in fiscal reports, not even as consolidations with other central government expenditure. Dimension (ii): Development C Complete income/ Development c The 2008 assessment Cooperation Report 2013 cites the expenditure Cooperation said complete income/ status of aid reporting as 29% on information is Report expenditure information budget and on Treasury, of which included in fiscal 2012/13 for all loan-financed all loan aid is reported and the reports for all loan Budget projects is included in balance (US$681.48 million) is grant financed projects Speech 2013 fiscal reports. The 2013 and TA aid. and at least 50% (by Development Cooperation value) of grant- Report shows that the financed projects. figure is more than 50%. 4 OAG Report 2014. 5 These numbers could be well-below numbers reported to OECD in 2013. PI-8: Transparency of inter-governmental national governments by international nongovern- fiscal relations. mental organizations (INGOs) and national nongov- 17 The Local Self-Governance Act (LSGA) has assigned ernmental organizations (NGOs), including many Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II both expenditure and revenue assignments to the central-level donors. These lateral funding resources subnational governments.6 The central government do not come under purview of the central govern- makes large budgetary resource transfers to the sub- ment and hence are outside the budget. national governments for providing basic services to the public through the budget. These transfers are A transparent, rule-based system guides the central above what is collected under devolved-revenue as- unconditional block grants to subnational govern- signments. Through three dimensions, this indicator ments. The Ministry of Finance makes the vertical assesses the extent to which there is transparency in allocation by deciding how much will be divided inter-governmental fiscal relationship. All three dimen- among the subnational government as uncondi- sions are rated according to performance in the last tional (block) and conditional (earmarked) grant, completed financial year (i.e., FY13/14). The central capital and recurrent. Conditional grants are mostly government makes transfers directly to the district tied to education, roads, and other infrastructure development committees (first subnational tier of spending. government), municipalities, and village development committees (second subnational tier of government). Dimension (i) is concerned only with the horizontal allocation to each local body. Scoring method: M2 Rating PI -8: C+ Five criteria guide the central government’s verti- cal allocation to the subnational governments, the Assessed dimension (i): Transparent and population weightage being about 50 percent in rules-based systems in the horizontal alloca- the transfer formula (Table 3.9). In FY12/13, the to- tion among subnational governments of un- tal transfer by the central government to the local conditional and conditional transfers from bodies was NPR 23.3 billion(or 7.7 percent of total central government (both budgeted and ac- central government expenditure), out of which un- tual allocations). conditional grant was NPR 10.3 billion (3.4 percent). Rating: C. The horizontal allocation of only In addition to central government transfers, subna- a small part of transfers from central govern- tional governments receive performance grants af- ment (10-50 percent) is determined by trans- ter meeting minimum performance conditions. This parent, rules-based systems. minimum condition and performance measure- ment (MCPM) system was piloted in 2004 and now applies to all local bodies. Justification for Rating: The LSGA (1999) empowers local (three-tiered) There is no recent evidence of the use of the hori- governments to implement development activities zontal allocation formula reportedly prepared by based on local priorities. Since 2002, government the National Planning Commission. The allocation has devolved agriculture and livestock extension formulae are now being updated with technical as- services, primary education, and primary health to sistance factoring in the poverty status and social local governments by creating management com- outcome of regions and districts. mittees to run the services. A budget is provided for carrying out these functions, which govern- Dimension (i) covers also the horizontal allocation of ment agencies also continue to provide. The fund- revenues that are collected by central government ing comprises conditional and unconditional block and shared with subnational governments, princi- grants, revenue generated from devolved-revenue pally mining and mountaineering royalties, in accor- assignments, and lateral grants made to the sub- dance with LSGA 1999 (section 220) and the Local 6 Expenditure assignment: all basic services and revenue assignment: land tax, rent tax, entertainment tax, and housing tax. 3. Assessment of the Pfm systems, processes, and institutions Self-Governance Regulation 1999, rule 211. The al- Budget guideline directives and ceilings for re- 18 location is prescribed by law and is transparent al- spective subnational governments are commu- though there is ambiguity on some revenue items.7 nicated in print and also posted on the website Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II The local share of the central collections in 2012/13 (www.mofald.gov.np). Subnational government was about NPR1.1 billion. A third form of transfer budget preparation is very much a top-down-driv- from the centre to local bodies is social payments to en process. In the absence of elected local govern- senior citizens; disabled, endangered ethnic groups; ments, the timeline has not always been followed. single women security scheme; and others. The so- Although budget ceilings are known, final shape cial payments are transferred to local bodies under of the budget program is decided by a coordina- a separate budget line. They are all earmarked and tion body of local political parties and civil society are counted here together with conditional grants. in the districts and in Kathmandu. Line ministries, on behalf of the subnational government, contrib- A rough calculation shows that total central trans- ute substantially in shaping up the budget, which is fers to local bodies in FY12/13 were about NPR 32 published later than the prescribed date. In FY15, for billion, of which unconditional grants (NPR 10.3 bil- example, the National Planning Commission sent lion) and shared revenues (NPR 1.1 billion) were rea- budget ceilings to the district development com- sonably transparent and predictable. It added up to mittees on December 2, 2013, and a week later the NPR 11.4 billion, or 36 percent of all central transfers. Ministry of Federal Affairs and Local Development asked local bodies to submit the budget proposal Assessed dimension (ii): Timeliness of reliable by mid-March 2014. It was too late for making sig- information to subnational governments on nificant changes. their allocations from the central government for the coming year. Assessed Dimension (iii):Extent to which con- Rating: C. Reliable information to subnational solidated fiscal data (at least on revenue and ex- governments is issued before the start of the penditure) is collected and reported for general sub national’s fiscal year, but too late for signifi- government according to sectorial categories. cant budget changes to be made. Rating: B. Fiscal information (exante and expost) that is consistent with central government fiscal reporting is collected for at least 75 percent (by Justification of Rating value) of subnational government expenditure LSGA 1999 prescribes the timetable to be fol- and consolidated into annual reports within 18 lowed for the preparation of subnational govern- months of the end of the fiscal year ment budget planning and formulation process. Table 3.9. : Criteria for allocation to subnational governments Poverty (human Weighted Level/Entity Population Area Cost index/a dev. index) revenue/b District development committee 40% 25% 10% 25% -- Municipalities 50% 25% 10% -- 15% Village development committee 60% -- 10% 30% -- /a This is based on the cost of a standard basket of goods since the cost varies from one local body to another. /b While other criteria are based on need, the revenue criterion is based on collection of own source revenue, to encourage mobilization of local revenue. 7 Unclear, overlapping, and ambiguous revenue assignments create confusion on responsibilities, jurisdiction, and tax rates. For example, tax on rental income from house and land is under the tax authority of both, central government and LBs. The central level levies 15% tax on such rental, whereas the Local Self-Governance Regulation permits municipalities to charge 2%. The regulations do not specify whether the 2% municipal share is in fact included in the central government tax rate of 15% or if municipalities can raise their 2% on top of central governments share. Municipalities have not been able to collect any substantial revenue from this source due to this confusion (LBFC report, p. 23). Justification of Rating months of the end of the fiscal year. All central-level Fiscal information (exante and expost) of district transfers, conditional and unconditional, and expen- 19 development committee is consistent with cen- ditures are reported under GFS codes. With urbaniza- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II tral government fiscal reporting, more on the ex- tion and increase in rural household income rise, the penditure side than revenue. On-budget resource subnational government’s dependence on central transferred to subnational government is recorded government transfers is declining but is still large in and accounted. The Office of Auditor General limits absolute terms. Although there is no firm handle on auditing of subnational government accounts to the percentage of subnational government expen- only district development committee. Accounts of diture funded through their own resources, one re- second-tier governments (municipalities and village port suggests that in FY13 subnational governments development committees) are outside the purview funded 10 percent of their expenditure through its of OAG. On-budget expenditure information collect- own resources compared to 2 percent a decade ear- ed is consistent for at least 75 percent (by value) of lier. There are lapses in reporting revenue collected subnational government expenditure.8 Consolidated by the subnational governments, and the reporting expenditure annual reports are prepared within 8 is not done under the GFS format. PI-8 Summary Rating in Explanation of change Framework require- Information 2008 since 2008 Evidence used Rating ment sources PI-8 C+ C Although horizontal alloca- tions to SNGs are reason- (i) Horizontal alloca- Since 1998/99, grants have ably transparent, the entire tion of only a small increased annually incre- de-concentration grant was part of transfers from mentally on a criteria and MOFALD Report not reflected in the 2007 central government formula base, but it does not assessment as there was no (10-50%) is deter- exceed 50 percent of total C Budget Appro- C mechanism to verify source mined by transpar- budget fund transfer to local priation Book, of information (aggregated). ent and rules-based bodies. 2012/13 The process of verification systems. has improved with move to on-line budget preparation from past manual-based budget preparation. (ii) Planning informa- Grant information (ceil- tion to SNG is issued ing for next FY, i.e. July to before the start of Issue of budget December 2013) was issued the SNG fiscal year, ceilings to local Partly due to change in FY, to SNG levels, but it was too C but too late for bodies from C but delays also noted in late for significant budget significant budget planning sec- previous 2 years. changes to be made. changes to be made. tion, MOFALD. (iii) Fiscal information Fiscal information with (at least expost) that central government fiscal is consistent with reporting is collected for at central government least 75% (by value) of SNG SNG reports are collected fiscal reporting is expenditure and consoli- and Local Fiscal Commis- collected for at least dated into annual reports sion prepares consolidated 75% (by value) of LBFC Publica- B C within 8 months of the FY financial statement within 8 SNG expenditure and tion end. But it is supposed that months after completion of consolidated into at least 75% (by value) of the fiscal year. annual reports within SNG expenditure is the same 10 months of the end as previous because the of the fiscal year. increment in local revenue is not more than 2%. http://www.fcgo.gov.np/report-publications/district-wise-expenditure 8 3. Assessment of the Pfm systems, processes, and institutions PI-9: Oversight of aggregate fiscal risk from consolidated report but is said to be large. For ex- 20 other public sector entities. ample, a loan of NPR27 billion to the Nepal Electricity Macro fiscal aggregate management prudence is Authority was written off two years ago, and yet this Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II the responsibility of central government, and Nepal Authority still reports a loss of NPR 14 billion. Some has done well on this rating by staying within the government-owned entities, such as Nepal Oil Cor- agreed level of net domestic borrowing. However, poration, Janakpur Cigarette Factory, and Nepal Drug all fiscal risks arising from activities of subnational Limited have large accumulated losses; therefore, the governments, autonomous government agen- consolidated report on fiscal risk is weak. cies, and public enterprises, including state-owned banks, may not be fully captured in the year-end fi- nancial statement of the central government, thus Assessed dimension (ii): Extent of central gov- raising questions on the reported aggregate fiscal ernment monitoring of subnational govern- risks. This indicator assesses the capacity of the cen- ment’s fiscal position. tral government to monitor and manage the fiscal Rating: C. The net fiscal position is monitored risks arising from its units, affiliated agencies, boards, at least annually for the most important level and other levels of government. of subnational government, but a consolidated overview is missing or significantly incomplete. Scoring method: M1 Rating PI-9: C Justification of the Rating Assessed dimension (i): Extent of central The LSGA 1999 authorizes subnational govern- government monitoring of autonomous ments to meet their fiscal gap through debt and government agencies and public enterpris- can accept foreign loan with prior central govern- es. ment consent. As financial institutions request the Rating: C. Most autonomous government central government guarantee of loan extended to agencies and public enterprises submit fiscal subnational governments, the volume of such loans reports to the central governments, at least an- are low because the loan guarantee is not provided nually, but a consolidated overview is missing without cabinet approval. or significantly incomplete. The OAG audits subnational government’s internal audit reports, but such audits are weak in coverage Justification of Rating and reporting of all fiscal transactions are signifi- The Financial Procedures Act 1999 and its Regula- cantly incomplete. ICAN-registered auditors audit tion, as well as other laws enforce and stipulate that the financial accounts of subnational governments. all autonomous government agencies and public The monitoring division of the Ministry of Federal enterprises must have their accounts audited, and Affairs and Local Development monitor all the local reported to the parent ministry or the Ministry of Fi- bodies and the Local Governance Finance Commis- nance. The Ministry of Finance publishes the status sion monitors and appraises the functioning of all of all major public enterprises annually (Yellow Book). local bodies on the MCPM-indicator basis and pre- Altogether 37 major public enterprises submit their pares a consolidated report. But an overall fiscal risk financial statements, and these entities cover above report does not exist. The TSA is yet to capture infor- 90 percent of government obligations. In FY13, the mation of revenue and expenditure of local govern- OAG had audited the financial account of 92 cor- ments, other than central government transfers to porate bodies, 805 boards and committees, and local bodies. Since government accounting is on a 75district development committees. Not all audits cash basis and the existing process to capture ar- become part of the annual OAG report. The scale of rears is loosely implemented, the scale and level of risks arising from these entities is not reported in the reported outstanding arrears is an underestimate. PI-9 Summary Rating in Explanation of 21 Framework Information 2008 change since 2008 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Evidence used Rating requirement sources C D+ Major public enterprise and C All major autonomous OAG Report, C The creation of a new autonomous government government agencies 2012 unit in 2009 at the agencies submit financial and public enterprises Accountant MoF has resulted in accounts to the Accountant submit fiscal reports, General's the centralization General's Department and including audited Department; and consolidation MoF on an annual basis. A accounts to the website of information on consolidated overall fiscal risk central governments public enterprises report has not been issued at least annually, and autonomous but consolidated government overview is missing agencies and also in or significantly the publication of an incomplete. overall report. Fiscal information on SNG is C The net fiscal position Local D SNG fiscal and monitored annually on the is monitored at Government accounting basis of MCPM. Financial status least annually for Fiscal information is analysis of SNG is also prepared the most important Commission monitored but not annually. But it is not used to level of SNG, but Report, 2013. used to produce a produce an overall fiscal risk a consolidated MCPM fiscal risk analysis report. overview is missing assessment or report. In the or is significantly report of local period examined in incomplete. bodies 2012. 2007, SNGs were not monitored annually. PI-10: Public access to key fiscal information The Budget Speech is uploaded on MOF website Easy access to fiscal information to the public de- immediately upon its presentation in Parliament. termines the level of transparency. This is measured All budget-related documents are uploaded on through six elements of fiscal information. MOF website and also published.9 Similarly, the Na- tional Planning Commission publishes and makes Scoring method: M1 available on its website the MTEF, and central-level Assessed dimension: Number of six listed ele- programs and projects (part 1) and district-level pro- ments of public access to information that are grams and projects (part 2) within a month of bud- fulfilled:(i) annual budget,(ii) in-year budget get presentation. Furthermore, Right to Information reports,(iii) year-end financial statements,(iv) ex- Act, 2007, guarantees public access to information ternal audit reports,(v) contract awards greater held by government upon request to the appropri- thanUS$100,000,and (vi) funding resources to ate body. primary service units in at least 2 sectors such as elementary schools and primary health clinics. (ii) In-year budget execution reports: Reports are Rating: A routinely made available to the public through appro- priate means within a month of completion. Justification of the Rating All expenditure reporting can be received on a real- The government makes all of the 6 listed types of time basis through the TSA system at the FCGO. The information available to the public. Ministry of Finance meets the press each month and delivers statements on monitoring of budget (i) Annual budget documentation: A complete set of implementation, revenue and foreign assistance documents can be obtained by public through means mobilization, and status of public expenditure and when it is submitted to the legislature. public enterprise management. The Central Bank 9 Economic survey, status paper of public enterprises, resource book and annual appropriation document (Red Book) resource book as well as the three- year capital budget by project and programs. 3. Assessment of the Pfm systems, processes, and institutions prepares a weekly treasury position and provides it (v) Contract awards: Award of all contracts with val- to the concerned authorities on demand. However, ue above US$100,000 equivalent is published at least 22 this report is not available to the public. The Central quarterly through appropriate means. Bank makes its fiscal reports public in its monthly Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II economic monitoring report. In addition, the mid- The Public Procurement Act (PPA) 2006 is the legal term and year-end evaluation of budget implemen- basis for contract management. Information con- tation status is also published. cerning approval of tender has to be published (Sec- tion 47 of PPA). All approved and awarded tenders (iii)Year-end financial statements: The year-end are reported on the official portal of PPMO regularly. financial statements are made available to the pub- Government offices publicize the approved tender lic through appropriate means normally within six documents on their websites. The district-level of- months of completed audits. fices paste such documents on notice-boards of offices with high public movement such as district The FCGO prepares the annual financial statements administrative offices, district treasury offices, and within six months and publishes the Consolidated chamber of commerce and industry. Financial Report. The FGCO submits audit informa- tion to the OAG upon completion. (vi) Resources available to primary service units: Information is publicized through appropriate means (iv) External audit reports: All reports on central gov- at least annually, or available upon request, for primary ernment consolidated operations are made available service units with national coverage in at least two sec- to public through appropriate means within 6 months tors such as elementary schools or primary health clinics. of completed audit. No discrimination is made of program- or project- External audit is completed within eight months level activities. All programs are in the line-item bud- after the FY end, and it takes an additional three getary system. The Ministry of Finance makes the months for submitting it to the legislature. After Budget Speech and the annual budget appropria- completing the audit, the report is made available tion book (Red Book) available to the public, and the to the public either as a published document or by National Planning Commission provides program posting it on the website. and project information in two parts. The ministries can provide additional information as needed. Table 3.10 : 2013 Budget Preparation Schedule and timeliness and compliance. Actual date Actual date Required Legend NPC program Budget discussion completion date finalization date at MoF Budget circular date Dec 10 Feb 2, Feb 2, 2013 Budget discussion date March 11 March 28 June 14,2013 Budget finalization date May 12 April 10 July 13, 2013 Budget discussion time frame. March 2 March 28 July 13, 2013 Cabinet approval of budget. May 18 July 15 Budget submission date to the Parliament* May 16 July 15 July 15,2013 Parliament approval of the budget (ordinance) * July 11 July 15       *   In the absence of Parliament, budget announced through an Ordinance by the President PI-10 Summary Rating Explanation of change since 23 Framework require- Information in 2008 2008 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Evidence used Rating ment sources Government makes avail- MoF website A able all of the 6 listed www.mof.gov.np. B PI-10 types of information. All budget documents are published Met (i) Annual budget MoF website on MoF website after it is submitted documentation is made www.mof.gov.np. to Parliament; the approved budget public when submitted is published after approval to legislature. The annual budget execution report Met (ii) In-year budget execu- MoF website is available to the public after it tion reports are pub- www.mof.gov.np. is presented to Parliament on the lished within one month MoF website within one month of of their completion. completion. The audited final accounts are made Met (iii) Year-end financial MoF website Budget docu- available to the public in a timely statements are published www.mof.gov.np. ments are timely manner. within 6 months of com- FCGO consolidated made available pleted audit. Financial report. to the public. The change reflects progress made in All reports are available to the public Met (iv) Timely availability of Auditor's general public access to after they are presented in Parlia- external audit reports to website. FCGO and OAG ment on the OAG website within six the public. reports. month of audit completion. Information on tender awards is Met (v) Contract awards Concerned office published systematically. with value above website, notice USD$100,000 are pub- board and daily lished before and after newspapers. contract is awarded. Information on resources received by Met (vi) Availability to MoF website primary service providers is available public of information on www.mof.gov.np upon request. resources to all primary Concerned service units. agencies provide information upon request or are pub- lished on notice board. 3.3 Policy-Based Budgeting (PI-11-12) Scoring Method: M2 Rating: PI-11: A PI-11: Orderliness and participation in the annual budget process. Assessed dimension (i): Existence of and adher- The Ministry of Finance and National Planning Com- ence to a fixed budget calendar mission jointly prepare the national budget. There Rating: A. A clear annual budget calendar exists, is active participation from ministries, departments, is generally adhered to, and allows MDAs enough and agencies in budget preparation where settle- time (at least six weeks from receipt of budget ments on outstanding issues are done. Parliament circular) to meaningfully complete their detailed actively participates in policy debates. Active par- estimates on time. ticipation of the legislature in budget formulation through the Budget Committee is an area that Justification of Rating could be further strengthened. There is a clear and detailed annual budget prepa- ration calendar. The Budget Formulation Guideline contains all necessary information and guidance 3. Assessment of the Pfm systems, processes, and institutions for MDAs on budget preparation, including calcu- Justification for Rating 24 lators for respective data requested under budget The Resource Committee guides the preparation request forms. The budget preparation starts with of a medium-term macroeconomic framework. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II the issuance of a joint circular (NPC/MoF) with bud- Members of this committee are the NPC vice-chair- get ceilings and guidance to the MDAs of the next person, member-secretary, and finance secretary; FY budget priorities, four months before the start Central Bank Governor, and the Financial Comptrol- of the new fiscal year. This circular assigns dates of ler General. This committee decides the size of the budget submission, negotiations, roles, responsibili- budget based on the agreed macro fiscal framework ties, and activities during the preparation process for the new fiscal year. The sectorial- and ministry- and responsibilities of the concerned institutions. level ceilings are prepared by the National Planning But in practice, there are lapses in the adherence to Commission in close consultation with the Ministry the budget circular timelines. Although several rea- of Finance using the agreed ceiling as basis. A clear sons can be assigned to missed deadlines, repeated and comprehensive budget guideline with ceilings budget negotiations force the MDAs to miss sug- is then issued to the MDAs. This circular is the begin- gested budget preparation dates largely as a result ning of the budget preparation cycle, keeping the of insufficient planning at the MDA level and incre- size within the limit set by the Resource Committee. mental nature of budget ceilings that forces both The final size of the budget is larger than the ceil- the resource providers and users to negotiate sev- ing reflecting the changed resource availability, and eral times. Otherwise, sufficient time (four months) the Cabinet endorses this higher number before the is provided to MDAs to prepare, negotiate, and fi- budget is submitted Parliament. nalize the budget in a meaningful manner. The FY 2013 budget preparation milestones are shown in Assessed dimension (iii): Timely budget Table 3.10. approval by the legislature Rating: NA. The legislature approves the bud- While sufficient time is provided for budget ne- get before the start of the fiscal year, but a de- gotiations, approval of annual work program and lay of up to two months has taken place for ap- spending authorizations are completed later in the proval in one of the last three years. fiscal year. The OAG report (2013) states that spend- ing authorization amounting to 2.3 percent of FY13 Justification for Rating budget was given at the end of the fiscal year. The Finance Minister submits the proposed budget to the Parliament for approval, a week before the start of the fiscal year (i.e., mid-July). It usually takes Assessed dimension (ii): Guidance on the prep- 2 months for Parliament to pass the budget and ob- aration of budget submissions. tain the President’s seal required by all laws. In the Rating: A. A comprehensive and clear budget last three years, there were two instances when the circular is issued to MDAs, which reflects ceilings budget was approved though an executive ordi- approved by Cabinet prior to the circular’s distri- nance because there was no Parliament. Therefore, bution to MDAs. the rating is not applicable in this dimension. PI-11 Summary Evidence used Rating Framework Information Rating in 2008 Explanation of change since 2008 25 requirement sources Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II There exists a clear annual budget A (i) Existence of an NPC records B Update in budget calendar. For this purpose, MoF publishes adherence to a fixed preparation Budget Formulation Guidelines by budget calendar. guidelines that consulting with all stakeholders that has facilitated the are involved in the budget formulation line ministry to process, including NPC. Generally, prepare budget the Guidelines need to be updated for discussion with every two years. The latest version was MoF/NPC two published in 2012. The budget calendar months in advance, has clearly mentioned the dates, roles, well before budget responsibilities, and activities during announcement the budget preparation process and date. responsibilities of the concerned institutions. It allows MDAs reasonable time (about 2 months from the receipt of the budget circular) to send their budget and program proposals to the NPC and MoF for budgetary discussions. A Resource Committee has been set up A (ii) Clarity/ Records of B A comprehensive in NPC for the preparation of medium- comprehensiveness of NPC and clear budget term macroeconomic framework. This political involvement circular is issued Committee meeting is chaired by the in the guidance on to MDAs, which vice-chairperson of the NPC and is preparation of budget reflects ceilings participated by all the members of the submissions (budget approved by NPC, its Member- Secretary, Finance circular or equivalent). Cabinet. Secretary, Central Bank Governor and the Financial Comptroller General. Moreover, a clear and comprehensive budget guidelines (macro and sectorial) and budget ceiling is circulated to all the MDAs keeping the total budget size within the limit set by the Resource Committee. In the last three years there were two NA D Absence of instances when the budget was approved (iii) Timely budget Parliament. through an executive ordinance because approval by the there was no Parliament. legislature or similarly mandated body (within the last three years). 3. Assessment of the Pfm systems, processes, and institutions PI-12: Multi-year perspectives in fiscal planning, assessments that had concluded that Nepal faced 26 expenditure policy, and budgeting moderate risk of debt distress. Although the au- This indicator refers to practice of multi-year fiscal thorities expressed some concern in the change of Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II policy, its planning and budget practice by the cen- mix of loans and grants of IDA assistance with the tral government. There are four indicator dimensions: change in DSA rating, they broadly agreed with the (i) preparation of multi-year fiscal forecast and func- 2013 DSA findings. tional allocations, (ii) scope and frequency of debt sustainability analysis (DSA), (iii) existence of sector strategies with multi-year costing of recurrent and in- Assessed dimension (iii): Existence of costed vestment expenditure, and (iv) linkages between in- sector strategies. vestment budget and forward expenditure estimates Rating: C. Statements of sector strategies exist for several major sectors but are only substan- Scoring Method: M2 tially costed for sectors representing up to 25 Rating of PI-12: B percent of primary expenditure, or costed strate- gies cover more sectors but are inconsistent with Assessed dimension (i):Multi-year fiscal fore- aggregate fiscal forecasts. casts and functional allocations. Rating: B. Forecasts of fiscal aggregates (on the basis of main categories of economic and func- Justification of Rating tional/sector classification) are prepared for at Dimension (iii) refers to the last completed budget least two years on a rolling annual basis. Links (FY2013/14). between multi-year estimates and subsequent setting of annual budget ceiling are clear, and The Government prepared business plans for seven differences explained sectors, but it could not be continued. Sector wide approaches (SWAps) had been adopted in three sec- Justification of Rating tors (i.e., education, health, and rural roads). These Nepal has had a MTEF since FY2002/03. This frame- sectors and subsectors have costed strategies. But work covers a three-year period anchored by a mac- these costed strategies are inconsistent with aggre- roeconomic fiscal framework on a rolling annual gate fiscal forecasts of MTEF. The allocation for these basis, with economic and functional classifications. three sectors covers about 20 percent of the total The first year of the MTEF is the fiscal year budget; budget (net of donor funds). Some initiative was the forecasted budget ceilings for the next two taken to prepare SWAp in trade as well. years are enunciated on the MTEF document. Al- though forward ceilings are set, the actual budget Assessed dimension (iv): Linkages between size may differ with availability of resources, change investment budget and forward expenditure in policy focus, and regime changes. Annual policy estimates. changes anchored by budget allocations are an- Rating: C. Many investment decisions have weak nounced through the budget speech. links to sector strategies and their recurrent cost implications are included in forward budget esti- Assessed dimension (ii): Scope and frequency mates only in a few (but major) cases. of debt sustainability analysis (DSA). Rating. Debt sustainability analysis for external Justification of Rating and domestic debt is undertaken annually. Although sector strategies are spelled out in the plan document, links between strategies and their investment and recurrent cost implications are Justification of Rating weak. Few sectors like education, health, and rural IMF has conducted the DSA for Nepal for three roads have costed sector strategies. In absence of consecutive years as part of its Article IV report. sector strategies, the business plans guide the in- The 2013 DSA concluded that Nepal’s risk of debt vestment, but it is limited to a broad level of recur- distress is low; it was a change from the previous rent aggregate cost structure. PI-12 Summary Evidence used Rating Framework Information Rating in 2008 Explanation of change since 27 2008 requirement sources Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Nepal has been preparing the MTEF since B Preparation NPC and MoF B No change. the FY02/03. This MTEF is prepared for a of multi-year reports Forecast for three-year period. It has a macroeconomic fiscal forecast two years are framework for a three-year period based and functional provided, and on the main categories of economic and allocations. budget speech functional/sector classifications prepared enunciates the on a rolling annual basis. The first year of budget focus. the MTEF is the budget, and the forward forecast sets the ceiling for the coming years. Links between multi-year estimates and subsequent setting of annual budget ceilings are clear and differences are explained in the MTEF document. Therefore, there exists a clear link between MTEF and the annual budget. The previous periodic plans (i.e., the 11thand the 12thplans) were fiscally anchored by the MTEFs. Disaggregate sectorial and sub-sectorial ceilings were also enunciated in the MTEF. However, there is the provision for crossing the ceiling allocated for the ministries if they could mobilize additional external resources. So there is some flexibility allowed to the ministries The FCGO debt-servicing unit maintains A Scope and C records of external debt. External debt frequency of DSA. information is received from development partners and is recorded by the FCGO debt-servicing unit. The Central Bank used to publish the total outstanding debt, both domestic and foreign, in its quarterly bulletin. It is not usual practice for the government to do debt sustainability analysis. However, agencies like IMF and World Bank used to regularly publish the DSA reports that could be used by the government for its analysis. A few years ago, the Government prepared C Existence of NPC, MoF, C the business plans for seven sectors. But it sector strategies MFALD, MoE, was not continued. Sector strategies were with multi- and MoHP prepared in the periodic plan documents. year costing of reports. SWAPs are in place in education, health recurrent and and rural road sectors. Some initiative was investment also taken to prepare a SWAp in the trade expenditure. sector. The budget allocation for these three sectors covers about 27% of the total. Although sector strategies are spelled out C Linkages NPC, MoF, C in the plan document, the links to them between MFALD, MoE, and their investment and recurrent cost investment and MoHP implications is weak. Sector strategies with budget and reports cost estimates exist only in education, forward health, and rural roads. Therefore the link expenditure between sector strategies, the investment, estimates. and forward expenditure estimates is weak in most of the sectors. 3. Assessment of the Pfm systems, processes, and institutions 3.4 Predictability and control in (VAT), and excise tax collection, while the Depart- 28 budget execution (PI-13-20) ment of Customs administers custom tax. Depart- Resource predictability lowers fund shortage ap- ment of Revenue Investigation works to control Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II prehension of the front-line agencies to plan and leakages and recommends punitive actions. The deliver services during the fiscal year and beyond. MoF Revenue Management Division coordinates Resource predictability and availability supports the the work of these three departments. budget execution rate, strengthens forward plan- ning to leverage expenditure outputs on time, and Tax is collected based on provisions of the follow- subsequently lowers transaction costs associated ing laws, rules, and regulations: Value Added Tax Act with non-availability of funds during budget execu- 2052 (1995) and Value Added Tax Rules 1996 for VAT tion cycle. Above all, it reduces the requirement of management, Income Tax Act 2001 and Income Tax re-budgeting, thereby strengthening policy execu- Rules 2002 for income tax management, and Cus- tion through implementation. Availability of do- toms Act 2007 and Customs Rules 2007 for customs mestic resources fortifies resource predictability and management. Similarly, the Excise Act 2001 and Ex- fund availability for implementers to leverage the cise Rules 2002 are enforced for managing excise intended spending outputs. duties. All these laws and regulations have their own procedures. In addition to the aforementioned laws PI-13: Transparency of taxpayer obligations and and regulations, the Income Tax Directives 2009, liabilities Value Added Tax Directives 2012, Excise Duty Direc- This indicator has three dimensions, namely: (i) Clar- tives 2011, Customs Tax Directives 2008, and Rent ity and Comprehensiveness of Tax Liabilities; (ii) Tax- Tax Directives 2011 clarify and ensure transparency payer's Access to Information on Tax Liabilities and tax laws and collection. Administrative Procedures; and (iii) Existence and Functioning of a Tax Appeal Mechanism The administrative discretionary powers come un- der the Income Tax Act 2001, section 11; VAT Act Scoring Method: M2 1995, section1; and section 9 of the Excise Duty Act Rating PI-13: A 2001 and Custom Tax Act 2007. These provisions articulate situations and conditions wherein dis- Assessed dimension (i): Clarity and Compre- cretionary power is delegated to tax officers and is hensiveness of Tax Liabilities confined to the situation when material difference arises in tax assessment. Revenue Exemption Rules Rating: A. Legislation and procedures on tax and Regulations 2002 guide the Ministry of Finance are comprehensive and clear. The discretion- on tax exemptions, which can be executed only af- ary power of government officials is absolutely ter securing Cabinet approval and only under spe- controlled by law. cial circumstances. Justification of Rating Tax collection is primarily based on self-declaration. Article 89 of the Interim Constitution of Nepal The taxpayer can pay the tax by self-declaring the li- 2007bars taxation without legislation. Tax rates are ability, and the onus lies on tax departments to pro- fixed by law and can be changed only when the vide reasonable evidences for requiring payments related provisions are amended by parliament. The above the self-declared amount—reinforcing mu- Government’s Working Procedure Rules 2007 and tual accountability. Likewise on trade tax, there is Work Division Rules 2012 make the Ministry of Fi- the clear, legal provision that allows the taxpayer to nance responsible for revenue administration. The declare the transaction value of goods at the cus- Inland Revenue Department (IRD) is the principal toms point; if officials have reasonable doubts, they agency responsible for income tax, value added tax can buy the declared consignment at the declared rates. These provisions have been embedded in the mation on legal tax obligations and administrative tax laws not only to strengthen mutual accountabil- procedures are also available on the website.11 29 ity of tax declaration and collection, but to also re- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II duce the discretionary power of tax administrators. The booklet with information on tax and methods of calculation for compliance with the tax laws, bro- In addition to these measures, an independent chures, and circulars are also available on the web- Revenue Consultative Committee—a stakeholders sites of the different revenue agencies. Every reve- committee with membership drawn from nomina- nue administration office displays a Citizen’s Charter tions from the Federation of Nepalese Chamber of with information for taxpayers on the tax adminis- Commerce and Industry, Nepal Chamber of Com- tration procedures. The Citizen’s Charter provides merce, a professor of economics from a university, information on rates, timeframe for tax procedures, and representatives of other stakeholders—provide charges, timeframes for tax installments, fines for policy suggestions to the Government for strength- delays, and more. The information on tax install- ening and improving revenue administration. The ment schemes is published and broadcast in both Revenue Consultative Committee holds meetings print and broadcast media. The Government has es- with the budget team during the formulation and tablished 13Tax Service Offices in Kathmandu Valley occasionally on a needs basis. This committee sug- and 13 Taxpayer Service Centers in districts and re- gests measures (legal, administrative, and policy) to gions to facilitate and improve tax information and strengthen revenue administration to the Finance collection. This has improved access and interface of Minister. These processes and institutional arrange- taxpayers with tax administration. ments have reduced real and perceived discretion- ary power of tax administration because the com- The Inland Revenue Offices and Taxpayer Service mittees allow stakeholder oversight. Offices carry out taxpayer education programs on laws, procedures, and administrative processes all Assessed dimension (ii): Taxpayer's access to in- over Nepal. In FY13, 1.1 million people were pro- formation on tax liabilities and administrative vided tax education, up from 0.626 million people procedures in FY12 and 0.541 million people in FY11. In addi- Rating: A. Taxpayers have easy access to compre- tion, the informative programs about taxes are also hensive, user friendly and up-to-date information broadcast on Nepal Television. The notices on obli- tax liabilities and administrative procedures for gations of taxpayers are also published and broad- all major taxes, and the revenue administration cast regularly. Such notices are prepared on specific supplements this with active taxpayer education subjects/issues. Sector-related interaction programs campaigns. on tax are also organized. Taxpayer education pro- grams are not confined to particular places, rather they are run throughout the country. Facilitators Justification of Rating are deployed at the Customs Department and The taxpayer has easy and trouble-free access to tax major Custom Offices to inform the taxpayers. The laws and other information on revenue administra- outreach to taxpayers through seminars and work- tion. The information is clear, transparent and up- shops doubled to 1,173 events in FY13 from 513 dated regularly. Different acts and rules of revenue events in FY11. Such programs benefit taxpayers administration and directives10 and procedures, in- who get guidance on taxation and where and how cluding tax calculator, remuneration tax calculator to access this information, while the tax administra- are available on websites of different agencies. Infor- tion obtains direct feedback and suggestions for 10 Value Added Tax Act 1995 and Value Added Tax Rules 1996; Income Tax Act 2001 and Income Tax Rules 2002; Customs Act 2007 and Customs Rules 2007; Excise Act 2001 and Excise Rules 2002; Income Tax Directives 2009, Value Added Tax Directives 2012, Excise Tax Directives 2011, Customs Tax Directives 2008, and Rent Tax Directives 2011. 11 www.ird.gov.np, www.customs.gov.np, www.mof.gov.np. 3. Assessment of the Pfm systems, processes, and institutions improvements. These reviews, seminars, and work- Justification for Rating 30 shops have contributed to the uniformity of imple- The Income Tax Act 2001, Value Added Tax Act 1995, mentation of tax laws, strengthened homogeneity Custom Act 2007, and Excise Act 2001 allow tax- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II in decision-making processes, and enhanced trans- payers to appeal for administrative reviews, when parency of the tax administration. These measures the revenue administration disagrees with the self- have also been rewarded by taxpayer willingness assessed tax liability. In addition, the taxpayers can to fulfill legal obligations. Almost all of materials also appeal decisions of the tax officer on Income on tax laws and taxpayer education are available in Tax, VAT, and Excise to the IRD Director General. Nepali language; some materials are also available in English. An independent Revenue Tribunal chaired by a judge from the Court of Appeals has been estab- Assessed dimension (iii): Existence and func- lished under Revenue Tribunal Act 2031. Tax ap- tioning of a tax appeal mechanism. peal cases have doubled to 1,570 in FY13 from 760 Rating: B.A tax appeals system of transparent in FY11. The decision rate (judgment dispensed) is administrative procedures is completely set up about 23 percent of cases that are registered each and functional, but it is either too early to assess year. The taxpayer has the recourse to appeal at the its effectiveness or some issues relating to ac- Supreme Court if not satisfied with the verdict of cess, efficiency, fairness or effective follow up on the Tribunal. In such a case, the Supreme Court may its decisions need to be addressed. direct the Tribunal to re-evaluate the judgment. However, most tax appeal decisions are not made promptly, and this causes the taxpayer’s payments to remain tied up for long periods of time. PI- 13 Summary Reasons for 31 Framework Information Rating Summary Evidence Rating Method change since Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II requirement source in 2008 2008 PI-13 (i) Value Added Tax Act 2052 A M2 Laws and pro- Tax laws and C The laws (1995)and Value Added Tax cedures for all rules, annual and rules Rules 2053 ( 1996); Income major taxes are reports of have been Tax Act 2058 (2001) and comprehensive IRD and Cus- improved to Income Tax Rules 2059 and clear, with toms Depart- make things (2002); and Customs Act strictly limited ment, and clear; the 2064 (2007) and Customs discretionary Directives of discretionary Rules 2064 (2007); Excise power for the Income Tax, power of tax Act 2058 (2001) and Excise government en- VAT, Excise administra- Rules 2059 (2002); Income tities involved and Custom tion has been Tax Directives 2066 (2009), Tax. controlled. Value Added Tax Directives 2069 (2012), Excise Tax Directives 2068 (2011), Customs Tax Directives 2065 (2008) and Rent Tax Directives 2068 (2011); as well as Annual Reports of Inland Revenue Depart- ment and Custom Depart- ment all clearly exhibit the comprehensiveness and clarity of legislations and procedures. The discre- tionary power of govern- ment officers too is totally controlled by the law. PI-13 (ii) Tax laws and rules, A M2 Taxpayers have Tax and C Acts and Rules directives, procedures, tax easy access to revenue are made calculators, brochures, cir- comprehensive, laws, annual available on culars, FAQs are available user friendly reports of the websites. on departmental websites. and up-to-date departments, Taxpayer Citizen’s Charters are information on information Service offices displayed at all revenue tax liabilities and and direc- have been offices. Taxpayer education administrative tives avail- established. programs – workshops, procedures for able in the Facilitators as seminars, interactions, all major taxes, websites of well as help etc. are being organized and the govern- the depart- counters also regularly. Facilitators and ment supple- ments help to ensure Taxpayer Service Offices ments this with information have been established. The active taxpayer flow. information flow is broad education cam- and comprehensive. paigns. PI-13 (iii) Revenue Tribunal, Admin- B M2 A tax appeals The records B istrative Review Commit- system of of decisions tee and Tax Evaluation transparent of Review Review Committee have administrative Committees been established. procedures established completely under set up and Income Tax functional, but Act, Value it is either too Added Tax early to assess Act, Excise its effectiveness Act and of some issues Custom Act. relating to ac- The review cess, efficiency, records and fairness or of Inland effective follow Revenue up on its deci- Department sions need to be and Revenue addressed. Tribunal. 3. Assessment of the Pfm systems, processes, and institutions PI-14: Effectiveness of measures for taxpayer 32 registration and tax assessment Assessed dimension (ii): Effectiveness of penal- ` ties for non-compliance with registration and Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Scoring Method: M2 declaration obligations Rating PI14: A Rating: A. Penalties for all areas of non-compli- ance are sufficiently high to act as deterrents and Assessed dimension (i): Control in the Taxpayer are consistently administered. Registration System Rating: B. Taxpayers are registered in a complete Justification of Rating database system with some linkages to other Penalties for non-compliance included in the tax relevant government registration system and fi- laws and penalties are on a higher side. For example, nancial sector regulations. Income Tax Act 2001 states, “a taxpayer who doesn't comply to the tax laws are penalized with a fine up Justification of Rating to 100 percent fine.”Similarly, the Value Added Tax A nine-digit Permanent Account Number (PAN) has Act 2052 (1995) states, “taxpayer, who is found guilty been in operation since 1999. In 2014, 1.2 million of non-compliance of VAT tax law during market people had this unique taxpayer identification (Table monitoring and tax assessment, will be penalized 3.11). Tax laws clearly state that every taxpayer should with a fine up to NRs.10,000 every time. And if the mention their PAN withal turnovers to related gov- taxpayer is found guilty of tax evasion, he/she will ernment agencies, its enforcement is weak. A system be penalized up to 100 percent fine.” Likewise, the of automatic provisional PAN is provided to all new Excise Act 2058 states, “taxpayer’s goods can be de- businesses once they register for business at the Of- tained and held in custody for non-compliance”. For fice of the Company Registrar. The Inland Revenue non-compliance to Customs Act 2007, the taxpayer Department is connected to the Company Regis- can be penalized up to 200 percent as fine and even trar’s Office through a dedicated Internet line; when be imprisoned. a new business is registered, this data is automati- cally transmitted to IRD, which promptly provides a A Separate Revenue Investigation Department has provisional PAN to the applicant. The client receives been established under the Revenue Leakage (In- business registration certificate along with the PAN. vestigation and Control) Act 1995 and a Post-Clear- With enforcement of PAN on the coverage side, tax ance Audit Office has been set up under the Cus- revenue collection has improved substantially. En- tom Act 2007. These offices investigate tax evasion. couraged by this initiative, plans are underway to The IRD prepares an annual plan for tax assessment link PAN to the services provided by Land Tax Of- and investigation for implementation. The IRD in- fice on land and house registrations, Department of vestigated 373 tax evasion cases in FY12 and deter- Transport Management on vehicle registration, and mined NPR 1.75 billion as payables (tax and fines). In Kathmandu Municipality on house plan registration FY13 it investigated 737 cases and determined NRs for construction. With enforcement of PAN at these 2.09 billion as payable. service areas, non-tax revenue collection is expected to increase with comprehensive linkages to govern- Assessed dimension (iii): Planning and Monitoring ment registration system facilitating monitoring and of Tax Audit and Fraud Investigation Programs. enforcement of financial sector regulations. Rating: A. Tax audits and fraud investigations are managed and reported on accordingly to Table 3.11: PAN registration records up to FY2014 a comprehensive and documented audit plan, with clear risk assessment criteria for all major Account name Number of registrants taxes that apply self-assessment. VAT 133,299 Income Tax 686,173 Justification of Rating Personal PAN 433,093 Annual work plan is prepared for to undertake the TOTAL 1,252,656 number of tax audits and investigations of self-as- Source: IRD sessed tax statements. Annual targets for tax audit and fraud investigation are set for all offices. Taxpay- The numbers of tax audits have increased four- ers are selected on the basis of potential risk of non- fold and, based on these audits, tax collection has 33 compliance. Different indicators guide the identifi- increased by three folds in the span of three years Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II cation of such risks. (Table 3.12). Table 3.12 : Tax audits and revenue collection NRs SN Year Number of cases Income VAT Excise Total 1 2011 1,513 1.93 0.38 0.05 2.37 2 2012 3,255 3.31 1.25 0.11 4.68 3 2013 4,115 6.15 1.13 0.06 7.33 Source: IRD PI-14 Summary Summary Evidence Rating Method Framework Information Rating Reasons for requirement Source in 2008 change since 2008 PI-14 (i) The record of B M2 Taxpayers are Directive C Expansion taxpayers with registered in a central published by and scope PAN remains intact database system IrD, directives coverage of in IRD central for individual taxes, and notices on PAN. database system. which may not be website. Every taxpayer is fully and consistently registered with a linked. Linkage to nine- digit PAN. The other registration/ work to establish licensing functions linkages with may be weak but are other government then supplemented agencies is just by occasional beginning. surveys of potential taxpayers. PI-14(ii) Legal action is taken A M2 Penalties for The provisions C Many against taxpayers noncompliance of tax laws and taxpayers not included in the generally exist, statements and who did not tax system according but substantial data provided by participate to the provisions changes to their IRD in FY13. in tax of penalties in the structure and levels system were Value Added Tax Act of administration penalized 2052 (1995), Income are needed for according to Tax Act 2058 (2001), real impact on Value Added Excise Act 2058 compliance. Tax Act. This (2001) and Custom action has Act 2064 (2007), and increased on the basis of the the criteria of report of tax audit, tax and tax fraud investigation participation. and market monitoring. PI-14 (iii) The work plan of A M2 Tax audits and IRD annual reports B The indicators selecting taxpayers frauds investigations of 2068 (2011), 2069 for risk on the basis of are managed (2012) and 2070 identification potential risk of and reported on (2013). The numbers are set. The noncompliance and according to a of tax audit and tax audit and tax audit existed in comprehensive and fraud investigations investigation accordance with the documented audit according to are carried out provisions of the plan, with clear risk the documents on the basis laws, annual reports assessment criteria provided by Custom of annual of departments, for all major taxes Department. The work plan. and the information that apply self- number of post- provided by IRD. assessment. clearance audits and revenue earned by them. 3. Assessment of the Pfm systems, processes, and institutions PI-15: Effectiveness in the collection of tax Table 3.13: Tax arrears 34 payments Tax arrears in NRS in billions The scale of tax arrears represents laxity in the en- OAG Report Cumulative Annual Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II forcement of tax rules and weakness in its systems 2013 102.88 9.71 and process effectiveness. Large tax arrears denote 2012 93.17 29.86 elements of dysfunctional tax structure and are an 2011 63.31 10.41 opportunity cost missed in funding planned invest- 2010 52.90 19.97 ment. In Nepal, the scale of reported tax arrears is 2009 32.93 large and its management is weak partly due to the Source: OAG 2013 report. judicial arrangements to dispense tax appeal cases. An Arrears Settlement Evaluation and Monitor- Scoring Method: M1 ing Committee was formed twice to settle old ar- Rating PI-15: D+ rears but failed to reach a meaningful conclusion in settlements. In the absence of opening balance of Assessed dimension (i): Collection ratio for arrears, it is difficult to estimate what was realized gross tax arrears, being the percentage age during the fiscal year other than through derived of tax arrears at the beginning of a fiscal year, means, as noted above. There is no data on actual which was collected during the fiscal year (av- collection of opening arrears for each of the last two erage of the last two fiscal years). years, but it is evident from the rising trend of arrears Rating: D. The debt (arrear) collection ratio in that the collection ratio is very low. the most recent year was below 60 percent and the total amount of tax arrears is more than 2 Assessed dimension (ii): Effectiveness of percent of total annual collection. transfer of tax collections to the Treasury by the Revenue Administration. Justification of Rating Rating: B. Revenue collections are transferred Systems for identifying arrears, recording and audit- to the Treasury at least weekly. ing are in place but enforcement of arrears collec- tion is weak. The record of tax collection and arrears Justification of Rating is placed in the Central Database System (software As per the provision of Article 4 of the Financial Pro- database) segregated by major tax streams and is cedures Act 2055, taxpayers deposit the payable tax updated annually. The OAG carries out the annual amount directly at accounts at Central Bank and/or audit of these arrears and submits the report to the its dedicated accounts maintained at the commer- legislature. Although tax offices are given annual tar- cial banks. The law allows a minimum of two days gets to collect arrears and such targets are included to complete this transaction. With the implemen- in their performance indicators, the aggregate out- tation of the TSA, revenue collection is reconciled standing is on the rise (Table 3.13). One reason for and collection reported through the NRB’s weekly the rise of arrears, among many, is the practice of Central Treasury reports denoting that collected carrying forward cumulative arrears, many of which revenue was deposited into the Treasury account are more than two decades old. The OAG reported within a week. outstanding cumulative government revenue ar- rears of NPR102.88 billion in its 2012/13 report – this was 34.8 percent of the total collection. Most revenue collected is deposited directly to the bank for revenue accounts and is transferred to the Assessed dimension (iii): Frequency of com- 35 plete accounts reconciliation among tax as- Treasury on a daily basis, with few exceptions. Rev- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II sessments, collections, arrears records and enues collected through banks are recorded daily receipts by the Treasury. by DTCOs on receiving statements. These data are Rating: D. Complete reconciliation of tax assess- reconciled daily with the banks, and monthly with ments, collections, arrears and transfers to Trea- the tax or revenue collection offices. There are some sury does not take place annually OR is done lapses in the transfer of revenue collected to the with more than 3 months’ delay. Treasury the same day resulting from revenue col- lected by diplomatic missions, after office closes, Justification of Rating distance between the revenue offices and the near- Tax collected is deposited into the revenue accounts est bank, and negligence of a few tax offices. The maintained at the Central Bank and/or the designated latter is a weakness in enforcement. commercial banks. In the absence of an effective sys- tem that records (a) assessed tax dues, (b) collections received, and (c) outstanding balance of tax accounts, the reconciliation of the three processes is minimal. This has made aggregate reconciliation of tax ac- counts difficult. This has perpetuated the practice of reporting aggregate numbers in terms of assessment dues, revenue collected, and arrears, with little effort and incentive to clear arrears at the transaction level. PI-15 Summary Summary Evidence Rating Method Framework Information Rating Reasons for requirement source in 2008 change since 2008 PI-15 (i) FY2013 OAG report. D M1 The debt collec- Annual D tion ratio in most reports 2068 recent year was (2011) and below 60% and 2069 (2012) total amount of of the OAG. tax arrears is sig- nificant (i.e., more than 2% of total collection.) PI-15(ii) Financial Procedures Act B M1 All tax revenue Financial Pro- B TSA system sets a 2-day time limit for is paid directly cedures Act is employed. revenue to be deposited into accounts 2055 (1998) Almost all to the Treasury account. controlled by the and Financial revenue offices While this provision is Treasury and all Administra- have the facility adhered to, a few admin- transfers to the tion Rules for taxpayer istrative units deposit the Treasury are made 2056 (1999). to deposit tax revenue collection only daily, with a few through a bank. within a week. exceptions. PI-15 (iii) Financial Procedures Act D M1 Complete Financial re- D 1998 and Financial Admin- reconciliation of ports and an- istration Rules 1999 require tax assessments, nual reports that the account reconcili- collections, arrears published by ation of revenue should be and transfers to respective done. But the account Treasury does not depart- reconciliation between take place an- ments. data recorded in Central nually or is done Database System and with more than 3 the revenue collected in months delay. Treasury is not completed within 3 months from the end of the fiscal year. 3. Assessment of the Pfm systems, processes, and institutions PI-16: Predictability in the availability of funds Justification of the Rating for commitment of expenditures. MDAs are provided reliable information on commit- 36 Effective execution of the budget, in accordance with ment ceilings at least quarterly in advance. MDAs are the work plans, requires that the spending MDAs re- assured of the availability of budget and fully authorized Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II ceive reliable information on fund availability that they in advance to spend based on the approved programs. can spend for recurrent and capital inputs. This indica- They are well informed within 15 days of the start of the tor assesses the extent to which the Ministry of Finance new fiscal year. The MTEF prioritization criteria have en- provides reliable information on fund availability to abled MDAs to plan and commit expenditure for (at the MDAs that manage administrative (or program) bud- least) four months in advance. Priority one projects (80 get heads (or votes) in the central government budget plus of total budget) are assured one-third of funds from and therefore are the primary recipients of such infor- the approved budget on the very first day of the fiscal mation. The MDAs referred to in this indicator are the year and expenditure funds are replenished on the day same as those concerned in indicator PI-11. statement of expenditure is submitted to the DTCOs. Likewise, priority two and three budget lines are assured Scoring Method: M1 one-sixth or an amount equal to two months of the ap- Rating PI-16: C+ proved budget value. This practice is anchored by the Financial Procedures Regulations 2007. Assessed dimension (i): Extent to which cash flows are forecast and monitored. Section 32 of the Financial Procedures Regulations Rating: C. Cash flow forecast is prepared for the fiscal 2007 states that after the enactment of the Appropria- year but is not (or partially and infrequently) updated tion Act, the Finance Secretary will send the budget statements and authorization letter to the secretaries Justification of the Rating of ministries, and the secretaries of ministries will send The Operational TSA System Guidelines 2011 states to department and offices similar authorization letters, monthly allocation of appropriation (i.e., OAG Form approved programs, sources of expenditure, and de- 20) should be prepared after receiving the letter of tailed line items within 15 days of receipt of MoF autho- authorization, the annual program is approved, and rization. Upon enactment of the Appropriation Act by annual procurement plan completed and agreed Parliament, a statement of programs and projects with upon. Upon completion of this process, a copy of this the ceiling of the budgeted amounts (the Red Book) information is sent to the District Treasury Offices at is issued simultaneously. The Red Book providesMDAs the beginning of the new financial year. However, in with reliable indication of actual resources available for practice, at the beginning of the year, a consolidated commitment more than four months in advance. cash flow forecast is prepared for the fiscal year and is part of the budget document submitted to the Assessed dimension (iii): Frequency and Parliament. Because most programs are finalized af- transparency of adjustments to budget allo- ter submission of the budget to the parliament, the cations, which are decided above the level of submitted cash flow projection is at best an estimate. management of MDAs. Rating: C. Significant in-year adjustments are fre- In the absence of a mechanism to provide a con- quent, but undertaken with some transparency. solidated cash flow statement, much less a forecast, reconciliation of cash position still remains an issue. In-year reconciliation of government operation is Justification of the Rating weak and the IMF is planning technical assistance to There are transparent legal provisions for adjust- forecast cash flows at the request of the Government. ment and virement from one budget heading to another and one source of financing to another. Assessed dimension (ii): Reliability and hori- Article 95 of the Interim Constitution has provision zon of periodic in-year information to MDAs for supplementary budget estimates. The Minister on ceilings for expenditure commitment for Finance presents to the Legislature-Parliament Rating: B. MDAs are provided reliable information on a supplementary estimate, either the sum autho- commitment ceilings at least quarterly in advance. rized for spending for a particular service by the Appropriation Act for the current financial year is insuf- ficient, or a need has arisen for expenditures on some from other subheadings. Likewise, the DTCOs can new service not provided for by the Appropriation Act transfer funds within the recurrent and capital expen- for that year, or that the expenditures made during ditures of the budget when directed by the FCGO. 37 that financial year exceed the amount authorized by Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II the Appropriation Act. Likewise, Article 99 of the Con- However, in practice, there are substantial levels of stitution also governs matters relating to the transfer virement, and the scale of this activity increases dur- of monies appropriated by the Act from one head to ing the last trimester of the fiscal year, especially on the another and other financial procedures are governed capital account side. In FY13 a staggering NRs 52.521 by law according to Article 99 of the Constitution. billion was transferred from 236 budget subheadings to 514 sub-heading. This alone was 13 percent of the Section 8 (Transfer of budget) of the Financial Proce- FY13 expenditure. On the capital side, virement was 32 dures Act 1999 states that if the amount under any percent of capital expenditure (according to the 2013 heading specified in the Appropriation Act is not suf- OAG report). The OAG report also noted that 497 new ficient and such a shortfall is surplus under any one programs were added through the contingency bud- or more than one heading specified in that Act, the get headings. The same report also states that excess Ministry of Finance may transfer the budget from one expenditure was made in 28 budget heads—NRs 9.88 heading to another subject to the ceiling specified billion or 3.3 percent of FY13 expenditure. Budgetary in the Appropriation Act (not exceeding more than discipline is weakened when 70 percent of capital ex- 10 percent). The provisions relating to the transfer penditure is done during the last trimester, and, more of budget under subheadings is prescribed in the specifically, during the last month of the fiscal year. The Financial Procedure Rules 2007. Section 40(3) of the scale of virement and bunching of expenditure dur- Financial Procedure Rules 2007 allows government ing the last trimester alludes to the fact that although secretaries or department heads to transfer amounts budget transfer is anchored and done within the rules not exceeding more than 25 percent of the budget and regulations that govern such transfers, the in-year subheading to which the amount is to be transferred budget transfer is significant. PI-16 Summary Explanation of Rating in change since Evidence used Information 2008 Rating Framework requirement 2008 sources PI-16 C+ C+ Line ministries prepare pro-forma C (i) A cash flow forecast is District Treasury C Change in this cash flows at start of each fiscal prepared for fiscal year Offices, finance rating was caused year and also prepare monthly and is updated monthly officers of major by the imple- pro-forma cash flows, however on basis of actual cash spending agen- mentation of TSA these are updated only when inflows and outflows. cies system all over the there is a significant deviation country from anticipated expenditure There are provisions of authoriza- B (ii) MDAs are provided MoF, District B No change tion guidance letters from MoF reliable information on Treasury Offices, and FCGO to MDAs along with commitment ceilings at finance officers of the ceiling of budgeted amount least quarterly in major spending (Red Book) after promulgation Advance. agencies of Appropriation Act; increasing trend on revenue collection and more predictability and transpar- ency in foreign aid mobilization have increased the reliability and horizon of information on ceiling for committing expenditure. Signification-year virement. C (iii) Significant in-year MoF, District C No change adjustments to budget Treasury Offices, allocations take place only finance officers of once or twice in a year and major spending are done in a transparent agencies and predictable way. 3. Assessment of the Pfm systems, processes, and institutions PI-17: Recording and management of cash Debt Management Department is responsible for balances, debt and guarantees. issuing and accounting of domestic debt in compli- 38 Fiscal space knowledge or lack thereof is an important ance to the Public Debt Act 2002 for raising funds in element of overall aggregate fiscal management. This accordance with the Appropriation Act provisions. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II information is best addressed when a country opera- The NRB maintains accounts of detail transactions tionalizes an effective debt management system and on domestic debt and its liabilities. has processes in place to plan, issue, and monitor debt dynamics and issuance of debt instruments prudently. The use of the Commonwealth Secretariat Debt Re- One important element of monitoring of a country’s cording and Management System was discontinued in debt dynamics is the system and processes in place 2004. Thereafter, all debt data have been entered and for debt management. Monitoring of debt determines updated manually in Excel worksheets, a process weak- how well the country manages borrowing. Nepal’s ness that needs immediate correction to ensure data se- debt-to-GDP ratio is lowest in the region as a result of curity. Since 2013, the FCGO has been using MS-Access prudent fiscal policy implementation supported by to record debt data. As data recording is done manually, functional debt management processes. data security and reconciliation is an in-year issue. Donor technical assistance is now being provided to rectify the Scoring method: M2 security of debt data recording. The identified software Rating PI-17: C+ has management information capabilities. Assessed dimension (i): Quality of debt data Assessed dimension (ii): Extent of consolida- recording and reporting. tion of the government's cash balances. Rating: C. Domestic and foreign debt records Rating: B. Most cash balance are calculated and are complete, updated, and reconciled annual- consolidated at least weekly, some extra-bud- ly. Data quality is considered fair, but some gaps getary funds remain outside the arrangement. and reconciliation problems are recognized. Re- ports on debt stock and service are produced Justification of Rating annually (occasionally) or with limited content. The TSA is in operation. Cash balances are calculated daily with some lapses.12 Major cash balances are calcu- Justification of the Rating lated weekly and are reflected in the weekly Treasury Re- The MoF Economic Affairs and Policy Analysis Divi- port that gives budgetary cash expenditure, revenues, sion is responsible for debt management. This is foreign grant, loan, cash accounts of local authorities, done in coordination with the NPC, NRB, and FCGO and financing balance. However, off budget expendi- and other divisions. The NRB Open Market Operation ture (estimated 18 percent for government and 36 per- Committee, with representation from the MoF, NRB, cent for donor) is not part of Treasury reporting. and FCGO, manages the issuance of internal debt in- struments, both timing and type. Debt records and The TSA rollout has also enabled the Government transaction records (payment and issuances) are up- to centralize the payment function at DTCOs and dated regularly and reconciled at least once in a year. strengthened cash management by closing down 13,717 bank accounts. The system can now support The FCGO keeps the records of debt data that is the compilation of consolidated cash flow statements complete and is made public in the Economic Sur- for individual ministries as well as for the central gov- vey annually. Stock and operations are covered in ernment. However, expenditure incurred by local bod- monthly NRB economic data, while debt service is ies’ from their own sources of revenue (about 2 percent covered at the FCGO’s FMIS. The FCGO is responsi- of the total central revenue) and extra-budgetary ex- ble for recording of external debt operation, repay- penses are still outside the TSA recording system. ment of domestic and external debts, and preparing a consolidated financial statement on public debt Extra-budgetary funds are expected to be significant operations. The NRB is entrusted with responsibility as there is over 10 percent of total expenditure whose of managing domestic borrowings. The NRB Public exact figure is not known to the Government. Nearly14,000 bank accounts of 4,000 spending units have been closed, leaving 443 Treasury-managed bank accounts that are operated by 79 DTCOs. 12 all contracting of loans and issuance of guarantees. Assessed dimension (iii): System for contract- ing loans and issuance of guarantees. The Foreign Aid Policy 2002 restricts any form of ex- ternal guarantee: “{government will}…not guarantee 39 Rating: C. Central government’s contracting Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II foreign loans for government-owned or other institu- loans and issuance of guarantees are always tions.” Additionally, the NRB Act 2002 has also made approved by a single responsible entity but provisions for extending overdraft to Government are not decided on the basis of clear guideline, not exceeding 5 percent of preceding fiscal year’s criteria, or overall ceilings. revenue. This has to be repaid within 180 days. Justification of Rating Although the rules and regulations governing con- The Interim Constitution states that “No loan shall be tracting of loans and issuance of guarantee are clear, raised and guarantee given by the Government of enforcement remains an issue. According to Clause Nepal except in accordance with law.” The National 4(1) of the Credit and Guarantee Act 2025 the Govern- Debt and Guarantee Act is the basis of borrowing ment of Nepal can provide guarantee only in case of and is amended at the beginning of the fiscal year. government development projects and to purchase During annual budget preparation, the Resource new aircraft for the Nepal Airlines Corporation. As Committee (comprising the NPC chairman, NRB Gov- per the decision of the Government, it had provided ernor, and the Finance Secretary) recommends the guarantee to the Nepal Oil Corporation of NRs5 billion annual debt ceiling (external and internal). A debt bill (NPR 1 billion from the Karmachari Sanchaya Kosh or (along with the appropriate bill, estimate of revenue) Employees Provident Fund, and NPR4 billion from the has been presented to the Parliament for approval. Nagarik Lagani Kosh or the Citizens Investment Trust). However, there is no organic budget/debt law on Accounting documents show that Government has debt ceiling. Currently, the Government is preparing made NPR 18.8 billion available to the Nepal Oil Corpo- a Fiscal Responsibility and Budget Management Act ration as of January 2013. The money came from the that is expected to recommend overall debt ceiling. aforementioned two institutions. Si milarly, the Gov- ernment has not realized principal and interest, which The Economic Affairs and Policy Analysis Division co- amounts to NRs 2.4 billion provided to 25 different ordinates the overall debt strategies and operations organizations, including the Gorakhkali Rubber Udyog. in coordination with the NPC, NRB, FCGO, and other According to the existing law, the Government is not divisions. Therefore, the Ministry of Finance approves allowed to provide guarantee to these organizations. PI-17 Summary Explanation of Framework Information Rating in Evidence used Rating change since requirement source 2008 2008 Domestic and foreign debt  C Domestic and foreign debt  MOF, FCGO, C No change in records maintained by records are complete, updated, Central Bank. performance.  dedicated unit at FCGO are and reconciled at least annu- complete, updated, and ally. Data quality is consid- reconciled annually. Data ered fair, but some gaps and quality is fair. Some gaps and reconciliation problems are reconciliation problems are recognized. Reports on debt observed. Reports on debt stock and service are produced stock and servicing are pub- only annually with limited lished annually. content. Cash balances are calculated  B Most cash balance are calcu-  Treasury, Fi-  B   TSA imple- and consolidated at least lated and consolidated at least nance officer of mented. weekly. Extra-budgetary weekly, some extra-budgetary major spending No change in funds remain outside the ar- funds remain outside the ar- agencies. performance.  rangement. rangement. Government contracting  C Central government contract-  MoF (Debt  C  No change in loans and issuance of guaran- ing loans and issuance of guar- Management performance.  tees are always approved by antees are always approved by Department) single responsible entity but single responsible entity but and Central are not decided on the basis are not decided on the basis Bank. of clear guideline, criteria, or of clear guideline, criteria, or overall ceilings overall ceilings. 3. Assessment of the Pfm systems, processes, and institutions PI-18: Effectiveness of payroll controls To mitigate this issue, at the Ministry of Education, 40 (Scoring Method M1) personnel records and payroll data of teachers are Often weak management of the wage bill, usually reconciled once every four months (while releasing Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II one of the biggest items of government expenditure, budget to the school management committees). leads to the financial hemorrhaging of the Treasury. This has helped to effectively control a large com- Effective control of the payroll system strengthens ponent of the payroll cost. However, there are lapses sound financial management. Payroll management is underpinned by personnel database system that is in payroll reconciliation of teachers funded through dynamic in nature and has the capability to capture the Rahath quota and Per Child Fund-funding sourc- evolving personnel information. Four dimensions es. Both modes of salary payment, bank transfer (in capture the status of payroll management. urban areas), and cash (in remote areas) are used. Scoring method: M1 According to a 2014 OAG report, the recording of Rating PI – 18: C+ teacher payments through conditional and uncon- ditional grants remains an issue. Assessed dimension (i): Degree of integration and reconciliation between personnel records and Assessed dimension (ii): Timeliness of changes payroll data. to personnel records and the payroll. Rating: C. A personnel database may not be fully Rating: B. Up to three months delay occurs in maintained, but reconciliation of the payroll with per- updating changes to the personnel records and sonnel records takes place at least every six months. payroll but affects only a minority of changes. Justification of the Rating Retroactive adjustments made occasionally. The payroll expenditure is managed by FCGO. Re- sponsibility for personnel records of civil service Justification of Rating management (recording, updating, and changes) The DTCO audits payroll data of central government rests with designated departments: (a) Department employees each month, and OAG audits these records of Civil Personnel Records,(b) Department of Teach- annually. Although personnel and payroll data are not ers Personnel Records,(c) Department of Police Per- directly inked, payroll is supported by full documenta- sonnel Records, and (d) Office of Army Personnel tion of all personnel and checked against the previous Records the Department of Civil Personnel Records. month’s payroll data. All promotion, transfer, and re- These four departments report to the concerned wards are bought to the notice of record keeping agen- ministries. This is near 100 percent record of central cies and account sections of concerned offices. Once government employees but not for all government- the information is updated, payroll change is recorded, owned organizations. account sections are notified of the changes, and trans- action is rechecked at the time of payment of the next All personnel records are stored electronically. Dif- month’s salary. The duration for completing any status ferent employee recruitment streams require man- change is less than one month in urban areas and less agement of individual databases, but there is no than three months for personnel working in the rural ar- inter-linkage. Payroll data, personnel records, and eas. As reported by the OAG, retroactive adjustment is personnel database of the recruitment streams are rare, maximum of 3 percent of salary payment. yet to be electronically linked to a central repository or control system. Re-conciliation (manual) of these Assessed dimension (iii): Internal controls of data bases are undertaken three times a year: (a) at changes to personnel records and the payroll. the time of passing the salary report, (b) at the time Rating: C. Controls exist but are not adequate to of budget preparation, and (c) at the time of inter- ensure full integrity of data nal and external audit. But stiller-conciliation issues exist. Budget appropriation is based on posts rather Justification of Rating than on verification of employees at work, and this The Good Governance Act defines the role of sec- has created discrepancies in cash management. retary, minister, and other authorities regarding transfer, compensation, and other personnel man- Justification of Rating agement activities. The Ministry of General Admin- In general, payroll of every employee is verified and 41 istration undertakes management audits annually certified by the Personnel Records Department of Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II on changes of personnel records, and this process the civil service; concerned records keeping depart- is followed for staff transfer decision-making. Al- ments of the army, police, and teachers; and DTCOs. though this audit activity acts as a system of checks Internal audit is also done. Spending units make and balances in personnel management, full integ- monthly checks, and OAG does the final audit. How- rity of payroll data is far from complete because it ever, there is no physical verification, and such verifi- does not have an audit trail, and also because en- cation activity is limited to book data reconciliation. forcement of rules and regulations are at best weak. An annual, full complete payroll audit is not done, but audit of the payroll has taken place in the last three Assessed dimension (iv): Existence of payroll years. The DTCO carries out internal payroll audits audits to identify control weakness and/ or once a month, and OAG audits the records. These ghost workers. two audits control the “double dipping” to a large ex- tent. But lapses in reconciliation of the process, espe- Rating: C. Partial payroll audits or staff surveys cially for contract (temporary) worker records and the have been undertaken within the last three years. weak verification process, has resulted in a few “ghost workers”, the scale of which is minimum compared to total civil service strength of nearly half million. PI-18 Summary Rating Explanation in 2008 of changes Evidence used Rating Framework requirement Information sources since 2008 Overall Rating PI-18 C+ C+ Each employee gets a C (i) A personnel database Auditor General, Treasury C personal ID with the first may not be fully main- Controller, MoGA, Depart- appointment and changes tained, but reconcilia- ment of Education, Hydro- in personal profile are tion of the payroll with power Project Development updated regularly. Payroll personnel records takes Committee, Department of each month is verified place at least every six of Civil Personnel Records, with the salary report, months. Department of Police transfer order, and other Personnel Records, Depart- changes. However, recon- ment of Teacher Personnel ciliation problems do exist Records, District Education for lack of integration of Office, Banke and Kailali, the personnel database Audit Report 2069, PSC An- and payroll every month. nual Report 2069, Education Information Report 2014. Personnel records are B (ii) Up to three months Auditor General, Treasury B No change updated after receiv- delay occurs in updating Controller, MoGA, Depart- ing authorized letter of changes to the personnel ment of Education, Hydro- changes in personnel pro- records and payroll but power Project Development file from the government affects only a minority Committee, Department offices. Letters in transit of changes. Retroactive of Civil Personnel Records, may create reconciliation adjustments made oc- Department of Police problem. casionally Personnel Records, Depart- ment of Teacher Personnel Records, District Education Office, Banke and Kailali, Audit Report 2069, Annual Report 2069 PSC, Education Information Report 2014. 3. Assessment of the Pfm systems, processes, and institutions PI-18 Summary Rating Explanation 42 Evidence used Rating Framework requirement Information sources in 2008 of changes since 2008 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Personnel records are C (iii) Controls exist but are Auditor General, Treasury C No change maintained, according to not adequate to ensure Controller, MoGA, Depart- civil service law, jointly by full integrity of data. ment of Education, Hydro- record keeping agencies, power Project Development ministries, and the office Committee, Department concerned. However, there of Civil Personnel Records, is a different system and Department of Police basis for keeping person- Personnel Records, Depart- nel records. Authority ment of Teacher Personnel and basis for changes to Records, District Education personnel records and the Office, Banke and Kailali, payroll are clear and are Audit Report 2069, Annual checked in the manage- Report 2069 PSC, Education ment audit Information Report 2014. Personnel records are C (iv) A payroll audit cover- Auditor General, Treasury B Change. verified. ing all central govern- Controller, MoGA, Depart- ment entities is partially ment of Education, Hydro- conducted, but there is power Project Development no physical verification. Committee, Department of Civil Personnel Records, Department of Police Personnel Records, Depart- ment of Teacher Personnel Records, District Education Office, Banke and Kailali, Audit Report 2069, PSC An- nual Report 2069, Education Information Report 2014. PI-19: Transparency, competition and Justification of the Rating complaints mechanisms in procurement The Public Procurement Act (2007) and Public Pro- This indicator was revised in 2011 and now contains curement Rules (2007) regulate public procurement. four dimensions. While the procurement system op- The Act (clause 64) establishes the Public Procure- erates within its own framework, it benefits from the ment Monitoring Office and defines its functions overall control environment that exists in the PFM and powers. The PPMO functions directly under the system, including public access to information, inter- Office of the Prime Minister and Council of Ministers. nal controls operated by implementing agencies, and Different laws and rules require the PPMO to ensure external audit. The procurement system also contrib- that all public procurement takes into account the utes to many aspects of the PFM system, providing principles of (a) an open, transparent, objective, and information that enables realistic budget formula- competitive procurement, and (b) “obtain the maxi- tion, providing access to information to stakeholders mum returns of public expenditures in an economi- that contribute to public awareness and transpar- cal and rational manner by promoting competition, ency, and supporting efficiency and accountability in fairness, honesty, accountability and reliability in delivery of government programs. (The following in- public procurement processes,” Public Procurement dicators impact on or are influenced by procurement: Act” PI-4, PI-10, PI-12, P-20, PI-21, PI-24, PI-26 and PI-28). The legislation and regulation are easily available Scoring method: M 2 online (both in Nepali and English), and printed Rating PI-19: B copies can be purchased at a minimum cost in various bookstores across Nepal. Additionally, any Assessed dimension (i): Transparency, compre- public document must be available to the public by hensiveness, and competition in the legal and the Right to Information Act. The PPMO has a well- regulatory framework. functioning website. Rating: B. The legal framework meets five of the six listed requirements. The regulatory framework applies to all procure- Justification of Rating ment carried out by a public entity (defined in Sec- Open competition is clearly identified by the PPA as 43 tion 2b of PPA). PPA (clause 3) clearly states that any the default method. Clause 9 states that “Public enti- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II procurement contrary to the PPA provisions will be- ty making any procurement shall, to the extent pos- come null and void. After the enforcement of the sible, make by inviting open bids, and provide equal PPA/PPR all procurement-related regulations and opportunity to qualified bidders to participate in bylaws have been amended to comply with PPA/ such procurement process without any discrimina- PPR provisions. tion.’’ Section 8 discourages piecemeal procurement by stating: “in making procurement pursuant to this The situations where procurement methods (other Act and the rules framed under this Act, procure- than open domestic competition) may be used are ment shall not be so made in piecemeal as to limit specified in the law and its regulations. For example, competition.” However, several OAG reports have sections 15 and 41 of PPA provide guidance on the stated that this practice of slicing procurement into international bidding and direct procurement in de- smaller packages in order to avoid the open bidding tail, respectively. thresholds is still widely prevalent. The PPA also provides for public access to procure- When direct procurement method is selected, public ment information in relation to bidding opportuni- entity has to provide justification and clarification as ties, contract awards and government procurement stated in the Section 41 of PPA. Furthermore, depar- plans, and data on the resolution of procurement ture from a competitive process or direct procure- complaints. Bidding opportunities and contract ment has to be approved by the Cabinet (Section 41). awards are publicly accessible while government procurement plans are not. This benchmark has not The OAG report on FY2013 states that only 8.46 per- been met. cent of procurement is done through less competi- tive methods and the rest on a competitive basis. An independent Procurement Review Committee, as provided by PPA (sections 47, 48), has also been At its initiative, FCGO independently completed a established. sample study of selected districts on the mode of procurement and concluded that 88.77 percent of Assessed dimension (ii): Use of competitive procurement at the sampled districts was through procurement methods. the open competitive method and only 11 percent Rating: D. For less than 60 percent of the value under direct procurement. However, this dimension of the contracts awarded or reliable, data is not is rated D since there was insufficient data to deter- available. mine the value of contracts awarded other than by open competition, and the percentage of such con- tracts were legally justified. Table 3.14: Procurement competition Method Sample ministries No. of contracts Amounts (billion) % Open competition 21 5,139 22.92 91.56 Piecemeal 13 729 pieces 0.81 3.23 Direct procurement 19 1.31 5.23 (limited competition) Total 25.01 100 Source: OAG report on FY2013, paras.63-65. Note that OAG shows that 5,139 is the total number of contracts. ‘Piecemeal’ is where contracts are split to bring them under the threshold to avoid competitive tendering. 3. Assessment of the Pfm systems, processes, and institutions 44 Assessed dimension (iii): Public access to complete, reliable and timely procurement Assessed dimension (iv): Existence of an inde- pendent administrative procurement com- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II information. plaints system. Rating: C. At least two of the key procurement Rating: A. The procurement complaints system information elements are complete and reliable meets all seven criteria. for government units representing 50 percent of procurement operations (by value) and made available to the public through appropriate Justification of Rating means. The Public Procurement Act has a formal complaints or appeals mechanism (Clauses 48 through 51) and meets criteria (ii) and three of the other five criteria Justification of Rating under review. Key procurement information, except procurement plans, is disseminated through a variety of means in The Public Procurement Review Committee is a re- a timely manner, for example: quirement of the law that also defines its functions. The committee comprises a chair and two members. l Tender or pre-qualification is published in a daily The chair is drawn from the pool of former judges newspaper of national circulation; in the case of of the Appellate Court and one member from the an international tender, it is published in interna- pool of retired first-class officers of the Engineering tional media. Service of the Government of Nepal. Although PPA l Notice on request for sealed quotation is pub- does not specify members shall be drawn from the lished in a newspaper with local or national cir- private sector and civil society, it does state that one culation. member should be a public procurement expert. l Solicitation of bids is published on the website The Committee members should not be holding a of the concerned entity in the case of a central- post in any public entity or be involved in any kind level public entity or the PPMO; and in case of of procurement activity. The Committee does not a district-level public entity, such notice may be charge any fee; but 0.5 percent of the total procure- placed on the website of that entity or the PPMO. ment value must be deposited for the review pro- cess. The fee is refundable in the complaint is jus- Publication of opportunities provides sufficient tified but is forfeited if the complaint is dismissed. time—consistent with the method, nature, and The law spells out clear procedures for reviewing complexity of procurement—for potential bidders complaints with a timeframe for appeals by the bid- to obtain documents and respond to the advertise- ders, and decision-making by the Review Commit- ment. Currently, there are 32 different portals under tee. The Committee has the authority to suspend various government entities to publish informa- the procurement process and issues decision within tion on procurement of national and international the required (30 day maximum) time period. Its de- goods, works, and services. It is reported that these cisions are binding on all parties. multitude of sources of information cover 75 per- cent of total procurement. Such may not be the As per the record made available by the Public Pro- case in announcing contract awards. The PPMO is curement Review Committee, there were 22 com- now trying to combine all these portals into a one- plaints registered and reviewed in FY13. Thirteen stop portal. Data on procurement complaints is decisions were made in favor of the procuring enti- published in the annual report of PPMO. ties. Decisions made by Review Committee are pub- lished in the annual PPMO reports. Dimension PI-19 Summary Rating Framework requirement Rating in 2008 Explanation of change since 2008 45 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Overall P-19 B D (i)Transparency, B The legal and regulatory framework for procurement Not Not comparable. The new comprehensive- should: compa- methodology uses 4 dimen- ness and rable sions, instead of 3, and is more competition in be organized hierarchically, and pres-  comprehensive. The major the legal and ence is clearly established reform since 2006 has been regulatory be freely and easily accessible to the the passage in parliament of framework  PPA2006 embodying a com- public through appropriate means prehensive set of international apply to all procurement undertaken  good procurement practices. using government funds This became effective from FY08. make open competitive procurement  the default method of procurement and The PPA/PPR as a modern pro- define clearly the situations in which curement law with provisions other methods can be used and how in line with UNCITRAL model this is to be justified law is in place and in practice. provide for public access to all of the Master Procurement Plan and  Annual Procurement Plan as following procurement information: government procurement plans, bidding provisioned in law are not opportunities, contract awards, and data available in public at large. on resolution of procurement complaints provide for an independent administra-  tive procurement review process for handling procurement complaints by participants prior to contract signature (ii) Use of com- D Open competitive method as a default. Not (ii) OAG report shows that petitive Electronic bidding. compa- most of procurement is done procurement rable by using open competition methods and electronic bidding in large procurement entities, DoR, (iii) Public access C Bidding opportunities, contract awards, and data DoI, DoLLIDAR etc., but no to complete, reli- on resolution of procurement complaints are made information on legitimacy of able, and timely available to the people and it comprises of more non-competitive contracts. procurement than 75% of the procurement operations. information. (iv) A Complaints are reviewed by a body that: Not Not comparable. The new Existence of an compa- methodology uses 4 dimen- independent • is comprised of experienced  rable sions, instead of 3, and is more administrative professionals, familiar with the legal comprehensive. The major procurement framework for procurement and includes reform since 2006 has been complaints members drawn from the private sector the passage in Parliament of system and civil society as well as government; the PPA 2006 embodying a Comprehensive set of interna- • is not involved in any capacity in  tional good procurement transactions or in the Procurement practices: this process leading to contract award became effective from FY decisions; 2008. An independent Procurement • does not charge fees that prohibit  Review Committee is in place access by concerned parties; and reviewing the complaints. • follows processes for submission and  resolution of complaints that are clearly defined and publicly available • exercises the authority to suspend the  procurement process; • issues decisions within the timeframe  specified in the rules/regulations • issues decisions that are binding on all  parties (without precluding subsequent access to an external higher authority). 3. Assessment of the Pfm systems, processes, and institutions PI-20: Effectiveness of internal controls for Implementation of the TSA and its status report, and 46 non-salary expenditure. weekly Treasury reports assist budget implementers A country needs an effective internal control system in ensuring that release orders match with cash avail- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II in operation for managing risks to ensure value-for- ability. The DTCOs are expected to keep records of money spent. Rules and regulation also need to be cash estimate on the basis of Ma.Le.Pa.Form-20.Sec- enforced and changed only for genuine reasons to tion 35(2) of FPR 2007 states that, “any expenditure leverage public investment to development out- should be incurred only if there is an approved bud- puts. That such a system is in place must be evident get and balance to cover the expenditure amount”. from reports – internal and external audits or other The OAG 2014 report states that 28 budget heads surveys – carried out by budget managers. One had expenditure above the allocation; this is 3 per- such indicator of an effective control system is how cent of fiscal year expenditure. While this alludes well non-salary expenditure is managed, starting to presence of laxity in expenditure commitment with control of expenditure commitments and in- control, the above situation is the result of virement cluding managing of expenditure arrears that result undertaken, within economic codes and at project when payment obligations mismatch the projected level, within a ministry matching the changing im- cash availability. plementation environment on the ground. There is no record of any line ministries’ expenditure that is Three dimensions are rated under the evaluation above budget ceiling – the hard budget constraint of this indicator: (i) effectiveness of expenditure set for all individual line ministries. commitment controls; (ii) comprehensiveness, rel- evance, and understanding of other internal control rules/ procedures; and (iii) degree of compliance Assessed dimension (ii): Comprehensiveness, rele- with rules for processing and recording transactions. vance and understanding of other internal control rules/procedures Scoring Method: M2 Rating: C. Other internal control rules and proce- Rating PI-20: C dures consist of a basic set of rules for processing and recording transactions, which are understood by those directly involved in their application. Some Assessed dimension (i): Effectiveness of expen- rules and procedures may be excessive, while con- diture commitment controls. trols may be deficient in areas of minor importance. Rating: C. Expenditure commitment control pro- cedures exist and are partially effective, but they may not comprehensively cover all expenditure or they may occasionally be violated. Justification of Rating Rules and procedures under FPR 2007; procurement rules, operational guidelines, and norms prepared Justification of Rating by the Ministry of Finance; and respective control There are clear, legal provisions [Constitution, Ar- rules and procedures in health, education, physical ticle 9; Financial Procedure Act, Section 5, Financial infrastructure, and local development sectors devel- Procedure Regulations (FPR) 2007] and systems oped by MDAs govern internal controls and proce- and processes (Resource Committee, MTEF, Budget, dures of budget execution. But the enforcement is Budget Authorization, and the release process) to weak. Various OAG reports suggest developing and guide and to enforce budget commitment controls. implementing internal control systems that contrib- The DTCOs release funds only after ensuring that all ute to improve fiscal discipline and to reduce fidu- due diligent documents are tallied and are in con- ciary risks.13 The 2014 OAG report states, “There is a formity to the rules of budget release procedures. general trend of not complying with the provisions OAG report, 2010(pages 11 and 450); OAG report, 2011(pages 13, 14 and 452); and OAG report, 2012(pages 13 and 425). 13 stated in rule (95) 1 of the FPR 2064 (2007) as most Justification of Rating of the concerned ministries/departments have not There is compliance in most transactions and a prepared and implemented internal control sys- breach of rules is an offence. A committee led by 47 tems, concerned ministries/departments have not the Chief Secretary monitors progress made on the Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II undertaken inspection and monitoring, salary re- recommended actions to be taken in the OAG re- ports have not been passed and the procurement port. OAG recommendations on issues of weak con- plan was not prepared. The internal audit conduct- trols, despite being addressed, have not produced ed by the DTCO has not been effective.” the desired results. The scale of irregularities is on the rise, in absolute terms, but is on a decline as a Assessed dimension (iii): Degree of compliance percentage of the audited amount. The 2014 OAG with rules for processing and recording trans- report cites areas where controls have been circum- actions. vented in relation to (a) compliance of law, (b) rev- Rating: C. Rules are complied with in a signifi- enue leakages and control, (c) procurement, and (d) cant majority of transactions, but use of simpli- contract management fied, emergency procedures in unjustified situa- tions is an important concern. PI-20 Summary Rat- Explanation of ing in change since Evidence used Rating Framework requirement Information sources 2008 2008 Overall PI-20 C Commitments for all C Expenditure commitment Financial Procedure Act C No change. expenditure categories control procedures exist 2055, Financial Adminis- are registered in the ac- and are partially effec- tration Regulation 2064, counting system: this in- tive, but they may not Public Procurement Act corporates comprehen- comprehensively cover all and Public Procurement sive controls that limit expenditure or they are Regulation, LSGA2055, Lo- expenditure commit- occasionally violated. cal Self Governance Regula- ments according to cash tion 2056, Local Bodies availability (conformity Financial Administration with budget allocations Regulation 2064; OAGN and availability). Annual Reports 2067, 2068, and 2069; MOF records; FCGO records related to commitment controls and internal audit. Internal controls are C Other internal control rules As above. C There is some implemented through and procedures consist progress in formu- rules/regulations and of basic set of rules for lating controlling FMIS, including all execu- processing and record- rules but not suf- tion stages. There are ing transactions, which ficient enough to many formal procedures/ are understood by those affect the rating. manual to disseminate directly involved in their and communicate application. Some rules internal control rules, and procedures may be and the DTCOs (IAA) are excessive while controls considering checking its may be deficient in areas of effectiveness. minor importance. The existing control C Rules are complied with As above. C No change mechanisms are un- in a significant majority derstood and followed of transactions, but use in most transactions. of simplified, emergency However, occasionally procedures in unjustified simplified procedures situations is an important are used without further concern. justification. 3. Assessment of the Pfm systems, processes, and institutions PI-21: Effectiveness of internal audit use of financial resources. The DTCO prepares a re- 48 Under the PI-21, the assessment focus is provision port on the financial transaction status. The current of regular and adequate feedback to management auditing practice, scope, and coverage is insufficient Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II through an internal audit function, which will ulti- to cover all systemic issues. It is enough for check- mately evaluate the performance of the internal ing numeric and arithmetic errors, verifying the ac- control systems and support promotion of good curacy of transactions, and preparing the treasury governance. To fulfill this objective, the internal au- report. The OAG report states that other systemic dit function should meet international standards issues (especially in achieving result, checking effec- such as the International Standards for the Profes- tiveness of internal control system, and efficient use sional Practice in Internal Audit. The following ar- of financial resources) are not addressed properly. rangements and processes are expected for assur- ing effectiveness of internal audit: Assessed dimension (ii): Frequency and distri- l Appropriate structure (particularly with regard to bution of reports. professional independence); Rating: C. Reports are issued regularly for most l Sufficient breadth of mandate (access to infor- government entities, but may not be submitted mation and power to report); to the Ministry of Finance and the supreme audit l Use of professional audit methods (including risk institution. assessment techniques). Justification of Rating Scoring Method: M1 There is clear requirement that DTCO should audit Overall Rating PI-21: D+ every 4 months and distribute its reports. As per the requirement, reports are to be issued regularly for Assessed dimension (i): Coverage and quality all government entities. But in practice, reports are of the internal audit function. issued annually but not tri-semester. The reports are Rating: D. There is little or no internal audit submitted to the supreme audit institution but not focused on systems monitoring. to Ministry of Finance. There is no separate internal audit standard, but the Justification of Rating regulation and guidelines list the subject areas to The coverage of internal audit is 100 percent, but be covered in detail with checklists and reporting there is still a question on the quality of reports. formats for checking standards of different financial Even though a clear set of professional internal au- activities. In FY13/14,FCGO began publishing the in- dit standard does not exist, the internal audit man- ternal audit report. ual covers many critical aspects of those standards. There is a very little focus on systemic issues. Assessed dimension (iii): Extent of manage- The FCGO through the DTCO is responsible for inter- ment response to internal audit findings. nal audits. The internal audit sections of the district Rating: D. Internal audit recommendations are development committees and municipalities are re- usually ignored (with few exceptions). sponsible for auditing all local development funds in local bodies. The coverage of internal audit is 100 Justification of Rating percent. There is a separate account sub-group in DTCO reports to respective expenditure units, and the civil service of internal auditors who work at respective unit mangers are requested to imple- DTCO. Under current legal provision, DTCO should ment recommendations in the report. But follow- perform internal audit of revenue, expenditure, de- up is rare. The OAG report states that there is weak posits, and other funds of all government offices. follow-up for tracking implementation of the rec- The internal audit also covers all financial transac- ommendations. There is no information on actions tions and their processes, target achievement, and taken by managers. PI-21 Summary Framework Rating Explanation of change 49 Evidence used Rating Information sources in 2008 requirement since 2008 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Overall PI-21 D+ D+ Coverage of auditing is 100%, which cover D Coverage and Financial Procedure D No change. all financial transaction and its process, quality of the Act2055, Financial achievement of targets; utilization of finan- internal audit Administration Regula- cial resources in efficient, economic, and function. tion 2064, Local Self effective way; checking the internal control Governance Act 2055, system within organization; and presenting Local Self Governance actual report of financial transaction. Regulation 2056, As per provision, current auditing practice Local Bodies Financial is not enough to cover the all systematic Administration Regula- issues. It is mainly successful in checking tion 2064; OAGN numeric and arithmetic errors, verifying the Annual Reports 2067, accuracy of transaction, and preparing trea- 2068, and 2069; MOF sury position. OAG reports have stated that records; FCGO records other systematic issues (especially in achiev- related to commitment ing result, checking effectiveness of internal controls and internal control system, and efficient use of financial audit. resources) are not addressed properly. There is no separate internal audit standard but the regulation and guidelines have mentioned subject areas to be covered in detail with checklists, reporting format, and checking standards of different financial activities for internal audit purpose. Internal audit reports are issued to audited C Frequency and As above C No Change. entity and their concerned ministry and distribution of department. It is also sent to OAG and reports. FCGO. The reports are not sent to MoF. The compiled internal audit report is published by FCGO. It has started to share suggestions with concerned line ministries and central agencies. The report should have been produced each trimester, which is not the case. It is done annually in most cases. DTCO reports to respective expenditure D Extent of As above D Although, units and the manager is required to address management It is almost the suggestions. The manager needs to take response to impossible action on suggestions of the internal audit, internal audit to ignore the and supervising agencies are required to findings. recommen- monitor and take actions as needed. The dation pro- OAG report states tracking of implementa- vided by the tion is weak. There is no information on managers, actions taken by managers. there is little evidence of follow up. 3.5 Accounting, recording and PI-22: Timeliness and regularity of accounts reporting (PI-22-25) reconciliation This framework ensures that adequate records and This indicator assesses the timeliness and reconcilia- information are produced, maintained, and dis- tion of government accounts to ensure the function- seminated to meet decision-making control, man- ing of internal control and its foundation for good agement and reporting purposes. Four indicators quality information (data reliability) availability to (PI-22-25) are assessed in this part of the framework. management. This assessment is also about minimiz- ing any material differences held in various govern- ment accounts and the use of suspense accounts. 3. Assessment of the Pfm systems, processes, and institutions Reconciliation of accounts is being enforced after 50 the introduction of the TSA and material evidence Assessed dimension (ii): Regularity of reconcili- difference is under control to a large extent. Mate- ation and clearance of suspense accounts and Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II rial differences do exist as a result of difference in advances. coverage such as the omission of grants and direct Rating: B. Reconciliation and clearance of sus- payments by donors from the FMIS/TSA. pense accounts and advances take place at least annually within two months of end of period. Scoring Method: M2 Some accounts have balances brought forward. Overall Rating PI 22: C+ Justification of Rating Reconciliation and clearance of suspense accounts Assessed Dimensions (i): Regularity of bank are in practice. There are clear provisions for settle- reconciliations. ments of advances in the accounting as per FPR 2007. Rating: C. Bank reconciliation for all Treasury- There is no particular provision for suspense accounts managed bank accounts takes place quarterly, (items that are temporarily held pending final dispo- usually within eight weeks of end of quarter. sition) in government accounting. The FPR 2007 has a provision for offices to settle advances within 21 days from the date of receipt of the statement along Justification of Rating with bills and vouchers. There has been a noticeable A total of 1,988 treasury-managed accounts are in improvement in management of advances following use (of which, 81 percent are denoted as miscella- the introduction of TSA with the enforcement of rules neous accounts).With the implementation of TSA by DTCOs, which manage records of advances of OAG system in FY2013, a single bank account (expen- Form-22. Based on this record the operating units are diture, revenue, deposit and other) for all spend- required to submit details of outstanding advances ing units is operated by DTCOs. The accounts are in the prescribed format (OAG form-14) every month maintained at government-approved banks and to concerned DTCO and line ministries/departments. its branches (130 units). The DTCOs perform “day While submitting accounts of the last month of every close” function and send daily reports to NRB for ac- fiscal year, the responsible person submits a state- count settlement. On the expenditure side, besides ment of the advance outstanding for that FY and the check-issued amount not being cashed, there was previous FY, description of the advances whose time- no other material difference. Issues of wrong label- limit for settlement has expired, and those accounts ing of source of fund have been addressed as per for which time limit has not expired. The submission due diligence guidelines. On the revenue accounts, also includes detailed records and reasons to the “material differences” are settled subsequently in the concerned ministries/departments. following month. The origin of material differences in the revenue account can be largely categorized There are processes to limit overdue advances: Bank under the following: (a) wrong label of tax stream, cash book (OAG form-5);monthly statement of ex- (b) wrong label of tax office location, (c) human er- penditure (OAGform13);statements of advances ror in data feeding, and (d) laxity in enforcement on outstanding (OAG form-14);annual financial state- follow-up taking longer in reconciliation of material ment (OAG form-17);central statement of outstand- differences. To mitigate these identified issues, the ing advance(OAG-204);annual financial statement, Government has initiated the rollout of the Revenue including foreign resource (OAG form-208);central Management Information System at large tax col- financial statement of Government resource (OAG- lection offices to daily reconcile these differences 209);central financial statement, including foreign that are picked up by the system to not wait for end resource (OAG form-210);brief financial and perfor- of the month to initiate reconciliation activities. mance report(OAG-211); and expenditure state- ment, including foreign resource (OAG form-213). Of the total outstanding advances at the end of The enforcement of these forms has yielded posi- FY2013, only 7.5 percent have crossed the time limit 51 tive outcomes, and reconciliation of accounts is un- for settlement (FMIS, FCGO).14 The Auditor General’s Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II dertaken within two months of FY-end. Advances Annual Report 2014 showed38 percent as outstand- outstanding at year-end are carried forward by the ing advances from the total irregularities at the time. last voucher and brought forward by the first vouch- The time expired irregularities were 7.5 percent, and er during the next fiscal year in the bank cash book. those with time for settlement were 19.5 percent. PI-22 Summary Rating Explanation of change Framework require- in 2008 since 2008 Evidence used Rating Information ment sources Overall PI-22 C+ C+ Reconciliation issues. There are issues in reconcili- C (i) Bank reconciliation FCGO (statistics B Lax management over- ation of revenue accounts for all Treasury-man- analysis, IT, and sight on enforcement of while reconciliation of aged bank accounts treasury sections reconciliation of accounts expenditure accounts takes place quarterly, of FCGO), past on the revenue side, partial are done as per schedule. usually within eight PEFA assessor, fulfillment. Data generated by FCGO weeks of end of DTCOs, system, monthly, quarterly quarter. operating units, and year-end reports are FPR2007 verified. Suspense accounts are not B (ii) Reconciliation and FCGO (statistics C FPR 2007 has clear provision maintained in government clearance of sus- analysis, IT, and for taking and clearing the accounting. FPR 2007 has pense accounts and treasury section outstanding advances. clear provision for taking advances take place at of FCGO), past Likewise various advance- and clearing the outstand- least annually within PEFA assessor, related OAG Forms ing advances. Clearance two months of end DTCOs, (No. 5, 13,14,17,208, 209, of advances takes place of period. Some ac- operating units, 210, 211, and 213) have regularly on the basis of counts have uncleared FPR2007. been amended so that prescribed period. balances brought outstanding advances are forward. clearly distinguished be- tween time-limit and other not exceeded. 2013 Consolidated Financial Statement reports – 3.37% as outstanding advance of actual expenditure. 14 3. Assessment of the Pfm systems, processes, and institutions PI-23 Availability of information on resources in kind and cash, monthly in health sector and tri- 52 received by service delivery units mesterly in the education sector. Front-line service delivery units are often reported to Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II face difficulties in securing approved appropriation In the health sector, Logistics Management Information of funds. Timely availability of appropriated funds System (LMIS) collects information of all supplies on a denotes effectiveness of the PFM systems in place. monthly basis. This software-backed information collec- Besides accounting information, timely capture of rel- tion was introduced in 2009, and its reports are electroni- evant information facilitates correction measures to cally available and inform the status of medicine supplies leverage output from the use of public resources. Such to the District Public Health Service, region, and centers. informed decision-making can facilitate the provision These reports are available in the public domain within of basic services through front-line service providers. 7 days of the next month.15 In addition, a separate inven- tory status report is also available on the website. Since Scoring method: M1 the last two decades, the Health Management Informa- tion System (HMIS) has been in operation to capture qual- Dimension (i): Collection and processing of informa- itative health information on 38 indicators. These reports tion to demonstrate the resources that were actually are then compiled every month to produce a monthly received (in cash and kind) by the most common central report and are used for decision-making by health front-line service delivery units (focus on primary workers, program managers, and directors. schools and primary health clinics) in relation to the overall resources made available to the sector(s), irre- Similarly, the Education Management Information Sys- spective of which level of government is responsible tem (EMIS) compiles education-related expenses and for the operation and funding of those units. supplies on a trimester basis. In addition, through social audits, Parent-Teacher Associations monitor the func- Rating PI-23: A. Routine data collection or account- tioning of community-managed schools every trimes- ing systems provide reliable information on all types of ter (one third of total schools). These reports are then resources received in cash and in kind by both primary submitted to Department of Education for necessary schools and primary health clinics across the country. The corrective steps, if so recommended. These reports are information is compiled into reports at least annually. mandatory for the release of funds to the school. In addi- tion to social audits, it is also mandatory to submit finan- Justification of Rating cial audits of the previous year expenditure to release Expenditure data is regularly collected from the ser- current fiscal year, third-trimester funds of the current fis- vice delivery units. The primary schools and primary cal year. To corroborate the data supplied and what is in health clinics receive resources from District Edu- practice, in 2013 an education Public Expenditure Track- cation Office and District Health Office and are re- ing Survey (PETS) was completed to inform the educa- corded at district offices. These offices collect data, tion decision-makers of the status of education sector. PI-23 Summary Explanation of Rating Framework change since Evidence Used Rating Information sources in 2008 requirement 2008 A (i) Collection and processing of infor- Department of Health, C Improved PETS undertaken mation to demonstrate the resources District Health Office, coverage and by NPC in 2012 and that were actually received (in cash District Education MIS systems in again under School and kind) by the most common front- Office , Primary School place (HMIS, Sector Reform line service delivery units (focus on LMIS, IMS has Program in 2013. All primary schools and primary health developed) incl. expenditure (cash clinics) in relation to the overall special surveys and in-kind) data resources made available to the undertaken. routinely recorded. sector(s), irrespective of which level of government is responsible for the operation and funding of those units. www.dohslmd.gov.np 15 PI-24 Quality and timeliness of in-year budget sury position, and MoF Revenue Division produces reports monthly revenue collection that has information on In-year budget execution information facilitates in- target achievement, monthly collection, and col- 53 formed corrections during implementation. However, lection rates of all major taxes. These reports assist Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II for this to happen systems and processes must be in budget managers to make mid-year budget correc- place to generate budget execution (commitment to tions. Such statements are announced through the expenditure) information in real time that is both de- mid-year budget review, which includes, in addition pendable and of substance. Three dimensions of this to expenditure reports, the physical monitoring as- indicator assess the status of in-year budget reports. sessment of priority projects/programs. Scoring method: M1 The current system is short in coverage of commit- Overall Rating PI-14: C+ ment. The system is weak in reporting outstanding commitments and/or the uncommitted balance re- Assessed dimension (i): Scope of reports in ported/shown on monthly reports. To address this, terms of coverage and compatibility with bud- a pilot program is underway; if proven effective, this get estimates. program will be mainstreamed in the next fiscal year. Rating: C. Comparison to budget is possible only Assessed dimension (ii): Timeliness of the issue for main administrative headings. Expenditure is of reports. captured either at commitment or at payment Rating: A. Reports are prepared quarterly or more fre- stage (not both). quently and issued within 4 weeks of end of period. Justification of Rating Justification of the Rating The system (classification side) allows direct com- As noted above, there are systems and processes parison to the budget. However, the system is un- in place to generate daily aggregate expenditure able to depict commitments on a monthly basis. report, monthly ministry-wise functional and eco- nomic head expenditure reports, and weekly treasury Government prepares and submits budget request reports. The monthly reports are made available on electronically through the Line Ministry Budget In- the website no later than 7 days into the new month. formation System (LMBIS). The FCGO produces daily Dedicated lines reporting the expenditure status budget execution reports through the TSA/FMIS. (daily and monthly reporting of expenditure against Synchronization of the BMIS and FMIS databases commitment by charts of accounts under adminis- has enabled systems to generate budget execution trative and functional classifications against budget data by functions, administrative, and economic codes) are made available to designated persons heads. The TSA helps to generate real-time cash (MoF budget division, NPC Vice Chairman, OAG, and expenditure by all three categories. This information secretaries of selected line ministries) thus facilitating has enabled budget managers to make informed informed decisions. The Ministry of Finance imple- decisions on budget execution, and therefrom make ments mid-year budget corrections through its mid- necessary in-year implementation changes. The fol- term review report, data of which is generated from lowing data is available on the FCGO website: (a) FMIS and substantiated by field reports on imple- daily budgetary status, (b) monthly ministry expen- mentation status of national priority projects. diture status and burn rate, (c) monthly ministry and economic head cumulative expenditure and current Assessed dimension (iii): Quality of information monthly expenditure by economic classification, (d) Rating: B. There are some concerns about accu- monthly district-wise budget execution (cumula- racy, but data issues are generally highlighted in tive and current month expenditure), and (e) yearly the reports and do not compromise overall con- consolidated financial statement.16 In addition to sistency/ usefulness. these reports, Central Bank produces weekly Trea- http://www.fcgo.gov.np/report-publications/ 16 3. Assessment of the Pfm systems, processes, and institutions Justification of Rating coverage and process issues but in no way hamper 54 There are no serious material concerns on data in- decision-making. Since FMIS records actual transac- tegrity and accuracy. Sometimes there are minor tion-level data and no fund is released/authorized Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II data errors. Barring few issues in the GFS classifica- without submission of previous expenditure report, tion that reports lower levels of capital expenditure, there is no materially significant issue about data re- the quality of information is accurate. Reconcilia- ported by the ministries. tion issues, identified under PI-24, are the result of PI-24 Summary Rating Explanation of change since Framework re- Information in 2008 2008 Evidence Used Rating quirement sources  The current system is short  C Classification of  FCGO, DTCO,  C Synchronization of BMIS and in coverage of commitment. data allows direct line minis- FMIS databases has enabled The system is weak in report- comparison to the tries, MoF systems to generate budget ing outstanding commit- original budget. execution data by functions, ments and/or uncommitted Information includes administrative and economic balance reported/shown all items of budget heads. With the implementation on monthly reports. To estimates. Expen- of TSA, real-time cash expen- address this, a pilot program diture is covered at diture can be generated by all is underway; and if proven both commitment three categories. This information effective, this program will and payment stages. has enabled budget managers to be mainstreamed in the next make and take informed decision fiscal year. on budget execution. It also allows them to make necessary in-year budget implementation changes. But, the system is short in coverage of commitment. Reports are produced every  A Reports are pre-    A  No Change in performance month within 7 days of the pared quarterly or close of the month. After TSA more frequently, rollout, daily reporting sys- and issued within tem with timely information 4 weeks of end of is available in the FMIS. period. Government reports are now  B There are some    C Significant improvements in generated from FMIS. Rec- concerns about bank reconciliations have been onciliation of check issued accuracy, but data achieved through TSA system. and cashed can be done on issues are generally At the district level it is done on a daily basis. highlighted in the daily basis, and at the Central reports and do not Bank it is done monthly. That is compromise overall why it is providing more accurate consistency/ useful- data. FMIS generates central re- ness. port with help of the TSA system in real time. PI-25 Quality and timeliness of annual financial statements in accordance with Nepal Public Sector statements Accounting Standards (NPSAS), based on Interna- The quality of annual financial statements depends tional Public Sector Accounting Standard (IPAS) 1.6, 55 on the process of preparation, ERP software in DECS, which requires consolidation of the transactions of Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II and accounting principles/standards used by the controlled entities, in part, financial cash reporting. Government. Consolidated annual financial state- This has not yet happened. ments are prepared by using DECS in each DTCO; such reports from all 75 districts are consolidated by Assessed dimension (ii): Timeliness of Submis- the FCGO. The same annual financial statements are sion of the Financial Statements also prepared manually and compiled at each min- Rating: A. The statements are submitted for ex- istry and consolidated again at the FCGO level. Both ternal audit within 6 months of the end of the manual and system-generated annual financial fiscal year. statements are reconciled by FCGO for any errors, omissions, and other clerical errors before sending them to OAG. Justification of Rating The Financial Procedure Act 2055 and FPR 2064 Scoring Method: M1 require the annual financial statements to be pre- Overall Rating PI-25: C+ pared within 6 months from FY-end. The FCGO is responsible for compiling and submitting the con- Assessed dimension (i): Completeness of the Fi- solidated annual financial statements to the OAG. nancial Statements For FY12/13, FCGO submitted the annual financial Rating: C. A consolidated government state- statements to OAG within 6 months from the FY- ments is prepared annually. Information on rev- end (mid-January 2014). enue, expenditure, and bank account balance may not always be complete; but the omissions Assessed dimension (iii): Accounting standards are not significant. used Rating: C. Statements are presented in consis- tent format over time with some disclosure of Justification of Rating accounting standards. The Government is using cash basis of accounting for the purpose of preparing annual financial state- ments covering expenditure and revenue under Justification of Rating single financial statements. Financial statements The NPSAS, based on IPSAS, was developed by the of government-owned entities, especially public Accounting Standards Board, Nepal, in FY2009/10 enterprises, are prepared separately annually. The and was approved by the Cabinet on September FCGO loan section generates a total liabilities re- 15, 2009 (2066/5/30). However, the standard is not port, and this data feeds into the annual Economic used for preparing the annual financial statements. Survey. The recording of asset information is not yet The Government piloted the NPSAS in two minis- mainstreamed, but asset record-keeping is prac- tries in FY14. All ministries, DTCO, and entities pre- ticed in selected departments of a few ministries. pare consolidated financial statements when using While data is recorded and accounts are generated, OAG form no. 13 (Statements of Expenditure), no. the Government has yet to compile whole-of-the- 14 (Statements of Advances), no. 15 (Statements of government accounts or consolidated financial Bank Accounts), no. 9 (Statements of Revenue), and no. 17(Annual Financial Statements). 3. Assessment of the Pfm systems, processes, and institutions 56 PI-25 Summary Rating Explanation of change Framework require- Information in 2008 since 2008 Evidence Used Rating Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II ment sources The Government uses cash ba-  C A consolidated gov- Statistical Analysis  C No change in perfor- sis of accounting for preparing ernment statement Section of FCGO mance but Government annual financial statements is prepared annu- has introduced software covering expenditure and ally. Information on called Public Asset Infor- revenue of the budget under revenue, expenditure, mation System, but it is single financial statements. The and bank account bal- yet to be mainstreamed. recording of asset information ances may not always is not yet mainstreamed. be complete; but the omissions are not significant. Consolidated financial state-  A The statement is Statistical Analysis  A  No change. ment and the public accounts submitted for external Section of FCGO were submitted within the audit within 6 months statutory 6 months after of FY-end. FY-end. NPSAS was developed in  C Statements are present- Accounts  C No change in rating. Dur- 2009. It is in the process of ed in consistent format Strengthening ing this period NPSAS implementation – piloted in over time with some and Human was developed and ap- two ministries. disclosure of account- Resource Section, proved by Government ing standards. FCGO in 2009. 3.6 External scrutiny and Scoring Method: M1 audit (PI-26-28) Overall Rating PI-26: C+ This set of 3 indicators (PI-26-28) looks at the quality and timeliness of external scrutiny of the govern- Assessed dimension (i): Scope/nature of audit ment’s budget estimates as well as the public ac- performed (including adherence to auditing counts. standards). Rating: B. Central government entities, repre- PI-26: Scope, nature and follow up of external senting at least 75 percent of total expenditures, audit are audited annually, at least covering revenue A high-quality audit report strengthens judicious and expenditure. Wide-ranging financial audits use of public resources and supports transparen- are performed and generally adhere to auditing cy in the use of public funds. This report must be standards, focusing on significant and systemic comprehensive in coverage, adhere to international issues. audit standards, and focus on transaction levels as well as systemic PFM issues. The audit report should Justification of the Rating provide comfort that financial statements as a func- The OAG was constitutionally established in 1959. tion of internal control and procurement systems, The Constitution mandates auditing of accounts, all including public institutions’ performances, are in budgetary and extra-budgetary funds, of all govern- line with accepted good practice approaches. In ment offices and government-owned autonomous Nepal, external audit reports have substantially im- agencies. The full scope of government auditing in- proved in quality and coverage, especially the FY13 cludes the following with regularity: attestation of OAG report. This report is a milestone in PFM reform; financial statements of the audited entities, evalua- but there is room for improvement in the follow-up tion of entity’s compliance or noncompliance with of audit recommendations. applicable statutes and regulations, audit of internal control and audit functions, and audit of the pro- bity and propriety of administrative decisions taken within the audit entity. In addition, OAG undertakes Table 3.15: Number of different types of audit carried out by the OAG (NPR Million) Table PI-26- Number of different types of audit carried out by the OAG (NPR Million) S.No Entity 2012/13 2011/12 1010/11 57 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Number of Audit Number of it Amount Number of Audit Identity Amount entity Entity Amount (Rs.) 1 Financial Audit 4770 4589 4441 Government Office 3708 742,594 3796 527,561 3655 467,375 Corporate Body 88 971,790 69 7,787 72 759,660 Board and other organ- 901 82,116 649 37,348 639 32,355 isation Distinct Development 73 68,159 75 31,850 75 30,757 Committee 2 Performance Audit 27 23 16 IT Audit 4 2 0 Environment Audit 1 0 0 Total 4802 1,844,660 4614 604,546 4457 1,290,147 Source: Annual report of the OAG selected performance audits and has expanded its cusing only on high-risk areas but thus allowing activities to IT and environment audits. scarce personnel time to focus on priority areas. To enhance transparency and accountability, as pro- The audits cover 95 percent of total expenditures of visioned by ISSAI 20, OAG publishes its mandate, Government offices and more than 90 percent of responsibility, mission, vision, auditing standards, the autonomous bodies, development committees, code of ethics, quality assurance procedures, direc- district development committees, and other organi- tives, tools, and guides for its work and strategy on zations (Table 3.15). its website. Recently, the Auditor General commis- sioned an advisory committee, comprising an exter- INTOSAI Fundamental Principles (INTOSAI Stan- nal expert and experienced persons, to enhance the dards) are Nepal’s audit standards that have been quality and credibility of work of OAG. The prepa- adapted to meet the country’s need. INTOSAI sig- ration of a communication policy is underway. The nificantly upgraded the auditing standards to be OAG-developed auditing standards, guide, and di- followed by SAIs since the last assessment in 2008. rectives are listed in Table 3.16. For instance, new detailed auditing guidelines, par- ticularly for the audits of financial statements, were Table 3.16: List of auditing standards, guidelines and endorsed by the 20thINTOSAI Congress in 2010; directives developed by the OAG and new fundamental auditing principles or audit- Published date ing standards for financial, compliance, and perfor- (B.S.) mance auditing were endorsed by the 21st INTOSAI 1. Audit Directives 2029/2047 Congress in 2013. Since the Government has yet to 2. Administrative Expenses Audit Guide 2052/2063 (2006) prepare financial statements in accordance with a 3. Procurement Audit Guide 2052/2065 (2008) recognized financial reporting framework, auditing 4. Project Audit Guide 2052/2057 (2000) of financial statements is weak compared to the rec- 5. Performance Audit Guide 2052/2063 (2006) ognized international standards. The Government is 6. Revenue Audit Guide 2052/2063 (2006) piloting new procedures in SOAGP, but the cover- 7. Government Auditing Standards 2053 (1996) age does not include all revenues and expenditures. 8. Government Audit Policy Standards 2063 (2006) In 2012, OAG shifted to risk-based auditing from 9. Government Audit Operation Guide 2063 (2006) the traditional voucher-based approach. This move 10. Code of Ethics for OAG Personnel 2056/2070 (2013) is expected to enhance audit effectiveness by fo- 11. Quality Assurance Handbook 2069 (2012) 3. Assessment of the Pfm systems, processes, and institutions 58 Assessed dimensions (ii): Timeliness of submis- Assessed dimensions (iii): Evidence of follow- sion of audit reports to legislature. up on audit recommendations Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Rating: C. Audit reports are submitted to the Rating: C.A formal response is made, though legislature within 12 months of the end of the delayed or not very thorough, but there is little period covered (for audit of financial statements evidence of any follow-up. from their receipt by the auditors). Justification of Rating Justification of Rating OAG submits its report to the parliament for corrective The Auditor General submits an annual report with action through the president’s office. The Financial observations and recommendations to the parlia- Procedures Act requires OAG to conduct follow-up ment through the president. Though legislation on the implementation of audit report observations does not specify a time for annual reporting, OAG and recommendations. As provisioned by the Finan- has been able to significantly reduce its report- cial Procedures Act 1998, the Irregularity Clearance ing period from more than 12 months to within 9 Evaluation and Monitoring Committee formed under months of the end of the period covered (for audit the chairmanship of Chief Secretary is responsible for of financial statements from their receipt by the au- follow-up. Other committee members are MoF Sec- ditors). OAG submitted its last three annual reports retary, MoGA Secretary, Financial Comptroller Gener- within 9 months (Table 3.17). Similarly, OAG has sig- al, and a person nominated by the Government. This nificantly reduced the size of its report by including committee has been working consistently to follow only matters specified in the Interim Constitution up on audit observations to clear audit observations / and other significant and systemic financial and irregularities. There is a rewards system for those who management issues to make it user-friendly. comply, and corrective provisions for non-respond- ers. The Public Accounts Committee also follows up Table 3.17: Submission Schedule for Auditor on audit observations. Follow-up of irregularities is General’s Report at about 50 percent of audit observations so there is 2009/10 2010/11 2011/12 room for improvement (Table 3.18). Enforcement of sanctions for non-clearance of irregularities can im- Date of submis- April 13, April 11, April 11, sion to the 2011 2012 2013 prove the current follow-up clearance status. Most president efforts are concentrated on clearance of irregularities Submission from January 14, January January 14, while system reform measures are weak. FCGO to OAG 2011 13, 2012 2013 With regard to performance, a separate follow-up au- dit is conducted to ensure that audited entities prop- erly address the OAG observations and recommenda- tions. The OAG is a constitutional body but facing weak follow-up of its recommendations by the PAC; a more meaningful follow-up of OAG recommendations is re- quired for improving the overall PFM performance. Table 3.18: Overall irregularity clearance status NRs million Total irregularity amount Clearance amount Percent cleared 2012/13 32,843 14,363 43.73 2011/12 37,956 15,203 40.05 2010/11 45,194 20,938 46.33 Source: Irregularity Clearance Evaluation and Monitoring Committee Annual Report (2070) PI-26 Summary Evidence used Rating Framework Information Rating in 2008 Explanation of change since 2008 59 requirement sources Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Overall PI-26 C+ D+ Improvement in dimen- sion (i); some improve- ments in dimension (ii) but not adequate im- provement in dimension (iii) for higher-level rating. In 2012/13 OAG performed B Central government OAG B Improvement in adher- financial audit of 4,670 entities entities represent- ence of auditing standards covering all MDAs, autonomous ing at least 75% of to some extent, but audit government agencies, district total expenditures are coverage remains same as development committees, and audited annually, at previous assessment. other organizations. The same least covering revenue year, 27 performance audits, 4 and expenditure. A IT audits, and 1 environment wide range of financial audit were conducted. The audits is performed audit covers more than 95% of and generally adheres total expenditures of govern- to auditing standards, ment offices and more than focusing on significant 90% autonomous govern- and systemic issues. ment agencies. The audit is conducted in accordance with INTOSAI Fundamental Principles. OAG has developed, published, and implemented auditing standards, guides, and directives that are in line with INTOSAI standards. OAG submitted audit report C Audit reports are sub- OAG D OAG submitted its last to Parliament within 9 months mitted to legislature three annual reports after FY-end. within 12 months of within 9 months of the end of period covered end of period covered. (for audit of financial statements from their receipt by the audi- tors). OAG has maintained records C A formal response OAG C Timely and evidence- of preliminary audit report for is made, though based response is made, the purpose of follow-up. In delayed or not very and there is a regular 2012/13 OAG approved the thorough, but there is mechanism for follow-up clearance of irregularities made little evidence of any but focused on clear- by entities of NPR 20.588 billion follow-up. ing irregularities rather out of NPR 89.164 billion. than focusing on system reform. 3. Assessment of the Pfm systems, processes, and institutions PI-27: Legislative scrutiny of the consideration genuine suggestions from the parlia- 60 annual budget law mentary debates and makes necessary changes to The Constitution empowers legislature scrutiny over the content without breaching the ceiling. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II executive body on budget approval and its use. Four dimensions measure the effectiveness of the Assessed dimension (ii): Extent to which leg- accountability of the government to the electorate. islature’s procedures are well established and respected. Scoring method: D Rating: NA. No Parliament during the assess- Overall Rating PI-27: D ment period. Assessed dimension (i): Scope of the legisla- ture’s scrutiny Justification of Rating Rating: D. The legislatures review is non-existent There are provisions for legislative review in the Interim or extremely limited, or there is no functioning Constitution, which sets overall guidance for the re- legislature. view. The Working Procedure Rule of Parliament has set detailed procedures for reviewing the appropriation and finance bills and other bills related to the budget. Justification of Rating The Parliament reviewed the budget when it was in There was no functioning legislature during the review place. The legislative procedures for budget review are period. The legislature’s review covers details of expen- well established by law. There are various review com- diture and revenue but only at a stage where detailed mittees in Parliament that examine the annual budget proposals have been finalized. and submit recommendations. The recommendations submitted by the parliamentary committees are ac- The Constituent Assembly was dissolved on May 27, cepted after deliberation, and the budget is revised ac- 2012; following a new election, newly elected law- cordingly, if necessary. As there was no Parliament dur- makers took oath of office on January 22, 2014. A ing the assessed period, the budget was implemented 51-member PAC was constituted on April 20, 2014. through presidential ordinance. The critical period for rating this indicator is FY12/13; so dimension (i) and the overall indicator “D” rating Assessed dimension (iii): Adequacy of time for is based on actual practice, not the law, in FY12/13. the legislature to provide a response to bud- get proposals, for both detailed estimates and, The annual budget is prepared under joint leader- where applicable, proposal on macro-fiscal ag- ship of Ministry of Finance and National Planning gregates earlier in the budget preparation cy- Commission working with line ministries. The Fi- cle (with time allowed in practice for all stages nance Committee examines the budget allocated combined). for various programs on the basis of priorities and Rating: NA. No Parliament during the assess- submits its report, with recommendations, to Par- ment period. liament. However, the scope of meaningful pre- budget discussion between the legislature and executive body is minimum. The Finance Minister Justification of Rating presents the budget in Parliament for approval after There is no provision in the system for involving the Cabinet approval. The tabling of budget for parlia- legislature during the budget preparation cycle, and mentary approval initiates the debate. In Nepalese it has no role in reviewing the budget proposals. parliamentary practice, any change in the budget The time allowed for the legislature's review (about amount is tantamount to vote of “no confidence”; a month) is clearly insufficient for a meaningful hence, while there is a debate in Parliament, there is debate. In FY13, the budget was announced as an no change in the size of the allocation. Upon bud- presidential ordinance; after a new Parliament was get approval, the executive body does take into elected, it passed the budget without any debate. The legislature reviews government policies that are Assessed dimension (iv): Rules for in–year the basis of annual budget preparation. With respect 61 amendments to the budget without ex-ante to rules for in-year budget amendments without Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II approval by the legislature. exante approval by the legislature, the Finance Pro- Rating: NA. No Parliament during the assess- cedure Act has clearly defined the conditions under ment period. which the executive can amend the budget. It also specifies the limits on the extent and nature of the amendments. The Appropriation Bill sets a ceiling for Justification of Rating adjustments: 10 percent of the budget. The Secretary Clear rules exist for in-year budget amendments by and the Head of the Department have authority for the executive and are usually respected, but they al- virement up to 25 percent of the approved expen- low extensive administrative reallocations. diture from one line item to another without affect- ing the approved programs. These rules are usually There is a clear provision for a supplementary bud- respected but administrative reallocation is large. get in the Interim Constitution. PI-27 Summary Explanation of Rating in Framework Information change since Evidence used Rating 2008 requirement sources 2008 Overall PI-27. Annual budget is D There was no Interim Constitu- C Absence of Parlia- prepared under joint leadership of functioning tion 2007, MoF, ment in two of MoF and NPC with the line ministries. legislature. Parliamentary Sec- the three years Finance Committee examines the bud- retariat Records. of assessment get allocated for various programs on period. basis of priorities and submits its report with recommendations to Parliament. However, there is inadequate meaning- ful pre-budget discussion between the legislature and the executive body. Upon approval by the Cabinet, the budget is presented in Parliament for approval. The budget is approved after a discussion in Parliament As there was no Parliament during NA In the absence Interim Constitu- D Absence of Parlia- the assessed period, the budget was of a function- tion 2007, MoF, ment in two of announced through a presidential ing legislature Financial Proce- the three years ordinance in FY13/14, this dures Act 1998 of assessment dimension does and FPR 1999, period. not apply. and working Procedure Rules of Parliament. Parliamentary Secretariat. Budget for FY13/14 was implemented NA In the absence MoF, D Absence of Parlia- through an ordinance and was ap- of a function- Parliamentary ment in two of proved by the newly elected Parlia- ing legislature Secretariat. the three years ment without debate. in FY13/14, this of assessment dimension does period. not apply. With respect to rules for in-year budget NA Clear rules exist MoF, B Absence of Parlia- amendments without exante approval for in-year bud- Parliamentary ment in two of by the legislature, the Finance Proce- get amendments Secretariat. the three years dure Act has clearly defined conditions by the executive of assessment under which the executive can amend and are usually period. the budget; it also specifies the limits respected, but on extent and nature of the amend- they allow exten- ments. sive administra- tive reallocations. 3. Assessment of the Pfm systems, processes, and institutions PI-28 Legislative scrutiny of external audit Justification of Rating 62 report In the absence of Parliament, there was no PAC dur- The Public Accounts Committee exercises scrutiny ing the review period. However, even during peri- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II over external audit reports. Its effectiveness is con- ods when Parliament was in session, discussions tingent on committee’s skills mix and skills set. Three did not take place on the OAG reports. The last PAC dimensions measure the legislative scrutiny of ex- discussion on the OAG report had taken place more ternal audit report. than three years ago. Scoring method: M1 With regard to no assessment under dimensions Overall Rating PI-28: D (ii and iii), there was no parliament during the re- view period (FY013). But, when the Parliament was Dimension assessed (i): Timeliness of examina- in session, the PAC spent reasonable amount of tion of audit reports by the legislature (for re- time on in-depth discussions on important issues ports received within the last three years). flagged by the OAG report. Generally, the govern- Rating: D. Examination of audit reports by the ment implements the recommendations made by legislature does not take place or usually takes the legislature with few exceptions. In the absence more than 12 months to complete. of the Parliament, the executive formed a “follow-up” Dimension assessed (ii): Extent of hearings on committee that reports to Chief Secretary’s office on key findings undertaken by the legislature. the progress made on actions recommended in the Dimension assessed (iii): Issuance of recom- OAG report. mended actions by the legislature and imple- mentation by the executive. Rating for (ii) and (iii): NA. PI- 28 Summary Rating in Explanation of change since Framework require- Information 2008 2008 Evidence used Rating ment sources No audit reports D (i) Scrutiny of audit Office of the  D Absence of Parliament in two of scrutinized in the last reports is usually com- Prime Minister the three years of assessment three years pleted by the legisla- and Council of period. ture within 12 months Ministers, from receipt of the Parliamentary reports. Secretariat. Not applicable NA (ii) Extent of hear- Office of the C Absence of Parliament in two of ings on key findings Prime Minister the three years of assessment undertaken by the and Council of period. legislature. Ministers, Parliamentary Secretariat. Not applicable NA (iii) Issuance of recom- Office of the C Absence of Parliament in two of mended actions by Prime Minister the three years of assessment the legislature and and Council of period. implementation by Ministers, the executive Parliamentary Secretariat. 3. 7 Donor Practices Scoring method M1 The PEFA performance measurement framework Overall Rating D-1: D+ 63 includes three indicators to assess donor practices. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II The first indicator (D-1) measures predictability of Assessed dimension (i): Annual deviation of ac- direct budget support, the second (D-2) measures tual budget support from the forecast provided financial information provided by donors for bud- by donor agencies at least six weeks prior to the geting and reporting on project and program aid, government submitting its budget proposals to and the third indicator (D-3) captures the propor- the legislature (or equivalent approving body). tion of aid managed under national procedures. Rating: D. In at least two of the last three years, direct budget support outturn fell short of the Methods of assessment included review of data avail- forecast by more than 15 percent, or no compre- able in published and unpublished materials, data hensive and timely forecast for the year(s) was available in the Aid Management Platforms (AMP), provided by the donor agencies. BMIS and FMIS, administration of questionnaires, and interviews and discussions with relevant key infor- mants. Nine donors, including both direct budget sup- Justification of Rating port providers and 5 largest donors, were requested to As defined for this assessment, direct budget sup- respond to the questionnaires of which only 6 donors port constitutes all program support provided to responded (response rate of 67 percent). The respons- the Government Treasury in support of the budget es were used only for verification. The major source of (at large) or for specific sectors. In line with this defi- data came from MoF and FCGO records. nition, amounts provided to School Sector Reform Program, National Health Sector Program, Nepal D-1 Predictability of Direct Budget Support Peace Trust Fund, Japan KR-1 and KR-2, Japan DRF, Direct budget support constitutes an important UK DRF, and ADB Rural Reconstruction and Reha- source of revenue for central government in many bilitation Sector Development Program are taken countries. Poor predictability of inflows of budget as basis of analysis. The ADB, Denmark, European support affects a government’s fiscal management Union, Finland, GAVI Alliance, Germany,Japan, Nor- in much the same way as the impact of external way, Switzerland,United Kingdom, and World Bank shocks on domestic revenue collection. Both the are major contributors of direct budget support in shortfalls in the total amount of budget support Nepal. Line of credit and concessional loan opera- and the delays in in-year distribution of in-flows can tions from EXIM banks, which were included in the have serious implications on government’s ability to 2008 assessment, are excluded from the calcula- implement its budget as planned. tions as these tend to have strings attached and are implemented under turn-key and discrete project Direct budget support consists of all aid provided modalities rather than direct budget support. to the government treasury in support of the gov- ernment’s budget at large (general budget sup- The Ministry of Finance captures information on aid port) or for specific sectors. When received by the flows through 3 major systems: (a) BMIS in the Bud- government’s treasury, the funds will be used in ac- get and Program Division (MoF), (2) FMIS housed in cordance with the procedures applying to all other FCGO and (3) AMP in MoF International Economic general revenue. Direct budget support may be Cooperation Division (IECCD). The BMIS and FMIS channeled through separate or joint donor holding could not generate reports on quarterly forecasts accounts before being released to the treasury. and quarterly actual disbursements. This restricted calculation of the deviation of actual disbursement from the corresponding forecasts on a quarterly basis. The BMIS provided information only on the annual budget estimate of direct budget support, which is virtually the forecast of actual disburse- ment for the year. Similarly, FMIS provided informa- 3. Assessment of the Pfm systems, processes, and institutions tion only on annual expenditures, which is more or The AMP is a comparatively new system and compli- less similar to annual actual disbursement. As this ance was found to be low. Many of the donors either 64 indicator requires information on forecast and ac- did not report or reported late. Such underreporting tual disbursement on a quarterly basis, it was not and delayed reporting of planned and actual disburse- Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II possible to depend fully on BMIS and FMIS. This ment raises questions about reliability. However, do- situation demanded triangulation of different avail- nors are gradually getting accustomed to AMP,and able data sources. The AMP captured data on actual compliance has been increasing, hopefully eventu- monthly disbursements that could easily produce ally with predictability. This assessment also identified information on actual quarterly disbursements. The some systemic gaps that need improvement. percentage share of actual disbursement reported to AMP on each quarter was applied for quarterly Assessed dimension (ii): In-year timeliness of distribution of annual budget estimate captured in donor disbursements (compliance with aggre- BMIS. Similarly, the same percentages were applied gate quarterly estimates). for quarterly distribution of planned disbursement Rating: A. Quarterly disbursement estimates generated from AMP. Most donors reported actual have been agreed upon with donors at or be- disbursement to AMP each month. fore the beginning of the fiscal year, and actual disbursements delays (weighted) have not ex- In practice, many donors, including the World Bank, ceeded 25 percent in two of the last three years. ADB, and other bilateral donors providing direct bud- get support, reported their actual disbursement on a Justification of Rating monthly basis and planned disbursement on an an- As explained under dimension (i), donors did not fore- nual basis. The Government systems, other than AMP, cast quarterly budget support disbursements. How- do not capture this information as soon as it is provid- ever, donors providing direct budget support provid- ed. The World Bank provided access to its web-based ed annual commitment to the Government, which Client Connection where it updates its information on was virtually a forecast. The Government was free to regular basis. Thus, majority of direct budget support draw on the budget support amount with no other donors provided commitment to the Government conditions attached prior to disbursement. Therefore, before the fiscal year began allowing it to allocate the Government had control over the amount. This the amount among sectors or programs through the type of flexibility provided more detailed predictabil- budget. All donors, including direct budget support ity than quarter-by-quarter forecasts. providers, reported planned disbursement (forecast) to AMP on an annual basis. During consultations, This dimension’s rating has been upgraded to “A” from donors providing direct budget support stated that “D”in the 2008 assessment because the previous assess- they were ready to report even quarterly if the gov- ment followed the rating criteria in strict sense while ernment required them to do so. With a view toward the more current assessment explored rating rationale making reporting efficient and not overloading the from criteria as suggested in the guidelines. The four system with unrequired data, Ministry of Finance prescribed rating criteria were not practical. They are set agreed to accept annual planned disbursement, and on the assumption that the quarterly forecast is compul- the reporting arrangement was made accordingly. sory for greater predictability of direct budget support, which is not always the case. Where there is Govern- From the practical and qualitative information gath- ment control over the fund, the quarterly forecast may ered from donor responses and MoF officials, the evi- not be required because the amount of aid committed dence revealed that deviations of direct budget were before budget formulation provides greater predict- 41.1 percent in 2010-11, 23.3 percent in 2011-12, and ability for resource management. Despite this, the as- -7.5 percent in 2012-13. Therefore, direct budget sup- sessment team found some cases where even direct port outturn was found to fall short of the forecast budget support donors failed to forecast before budget by more than 15 percent in at least two of the three formulation mainly because of their own administra- fiscal years. The evidence have resulted in a rating of tive delays. This rating was in consonance with how the “D”for this dimension. However, the qualitative data donors responded in the questionnaires. Almost all re- show some progress toward aid predictability. spondents said that they were providing more detailed estimates of their direct budget support. D-1 Summary Rating in Explanation of change Evidence used Rating Framework requirement Information sources 2008 since 2008 65 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Disbursement against D In at least two of the last three AMP, BMIS, D No change forecast in 2010-11, 2011- years, direct budget support FMIS, Re- 12, and 2012-13 was outturn fell short of the fore- sponses from found to be 58.9%, 76.7% cast by more than 15%. donors, dis- and 107.5%, with devia- cussion with tion of 41.1%, 23.3%, and Budget and -7.5% , respectively. FCGO staffs. FCGO record system of A The Government can draw on FCGO record D 2008 assessment fol- direct budget support budget support on basis of system, FMIS, lowed the rating criteria shows that the amount reimbursement of expenditure AMP, Budget in strict sense while this once agreed to by donors with no other conditions prior and Program assessment explored is deposited in the to disbursement. The Govern- Division of rating rationale out of the Government Treasury. ment has control over the the MoF. four prescribed criteria. This shows level of amounts it will receive. There- Despite no quarterly Government control over fore, quarterly disbursement forecasts, the Government budgetary support. estimates was not required. has control over the fund for resource management. D-2: Financial information provided by donors for Justification for Rating budgeting and reporting on project and program aid Out of 39 donors, only 21 reported actual disburse- Predictability of disbursement of donor support for ment to AMP, out of which 15 were found to report projects and programs (below referred to only as proj- the planned disbursement annually. The planned ects) affect the implementation of specific line items in disbursement was more or less consistent with the the budget. Project support can be delivered in a wide Government's budget calendar and classification. range of ways, with varying degrees of Government Donors provided budget with broad categories (for involvement in planning and management of re- example, training and workshops, consultant ser- sources. A lower degree of Government involvement vices, works, goods and non-consulting services, leads to problems in budgeting the resources (includ- and vehicles). These broad categories were broken ing presentation in the budget documents for legisla- down as per Government budget classification. The tive approval) and in reporting of actual disbursement number of donors reporting planned disbursement and use of funds (which will be entirely the donors to AMP was 15 out of 39 donors reporting actual ‘responsibility where aid is provided in-kind). While disbursement in FMIS that included providing aid the Government through its spending units should be under “reimbursable” and “cash payment” modality. able to budget and report on aid transferred in cash Aid disbursed under “direct payment” modality was (often as extra-budgetary funding or through separate only partially reported. In terms of amount, the larg- bank accounts), it is dependent on donors for budget est 5 donors reported US$539,017,209 as planned estimates and reporting on implementation for aid disbursement out of total planned disbursement of in-kind. Donor reports on cash disbursements are also US$696,119,295 reported to AMP, which was 77.43 important for reconciliation between donor disburse- percent of the total planned disbursement. ment records and government project accounts. Though 21 donors reported to AMP in 2012-13, the Scoring method M1 actual number (39) was recorded higher in the bud- Overall Rating D2: C+ get. This shows the low level of compliance with AMP. However, the percentage share of the reported planned disbursement by the 5 largest donors is still Assessed dimension (i) : Completeness and timeliness more than half of all aid. These donors were not re- of budget estimates by donors for project support. porting planned disbursement on quarterly basis. Rating: B. At least half of donors (including five largest) provide complete budget estimates for disbursement The donor’s questionnaire responses were that al- of project aid at stages consistent with the Govern- most all funds they provided were based on the ment’s budget calendar and with a breakdown con- estimates provided and were consistent with the sistent with the Government’s budget classification. Government budget calendar and budget classifi- 3. Assessment of the Pfm systems, processes, and institutions cation. The donor statements could not be fully cor- is because (a) donors under-reported planned 66 roborated with evidences generated from Ministry disbursement and (b) actual FY12-13 disburse- of Finance, but still there was slight improvement ment had a backlog from the previous years. Even Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II in the rating compared to the previous assessment. though data shows more actual disbursement than planned, this is not reliable as there is a huge gap between commitment and disbursement of aid to Assessed dimension (ii): Frequency and cover- Nepal. This indicator cannot be rated only on basis of age of reporting by donors on actual donor AMP-generated data; neither can it be rated on the flows for project support. basis of average percentage. Referring to FMIS data, Rating: C. Donors provide quarterly reports with- the 5largest donors reported actual disbursement in two months of end of quarter on all disburse- of NRs 37943.65 million in FY12-13 while the budget ments made for at least 50 percent of the exter- estimate in the corresponding period was only NRs nally financed project estimates in the budget. 60514.49 million (62.7 percent). The amount dis- The information does not necessarily provide bursed by the 5 largest donors in FY12-13 was 91.48 a breakdown consistent with the Government percent of total disbursement in the same period. budget classification. The amounts received from donors are not reported exactly in accordance with Government line items. Justification for Rating However, they provide actual disbursement in cat- Donors report actual disbursement to AMP on egories that can be recorded as per Government a quarterly basis (i.e., in November, March, and budget classification. Taking these facts and figures June). Total disbursement of US$959,951,290 is into consideration, this dimension was rated “C” up more than the planned disbursement amount of from “D” in the previous assessment. The reasons for US$696,119,295. The actual disbursement appears the grade increase were due to impact of AMP and to be higher than the planned disbursement. This improved compliance with FMIS. D-2 Summary Rating Explanation to change Information in PA since 2008 Evidence used Rating Framework requirement sources Donors reporting planned B (i) At least half of donors AMP, FMIS, D AMP, which was not in place disbursement to AMP were (including the 5larg- responses from during 2008 assessment, more than half in terms of est) provide complete donors. was made operational in number of donors (15 out of budget estimates for 2010. This provided data on 21) and amount (77.43%). disbursement of projects planned disbursement. aid at stages consistent with the Government’s budget calendar and with a breakdown consistent with Government's bud- get classification. Actual disbursement re- C (ii) Donors provide quar- AMP, responses D AMP, which was not in place ported to FMIS was 62.70% terly reports within one from donors. during 2008 assessment, of budget estimate FY12-13. month of end of quarter was made operational in on all disbursements 2010. This provided data on made for at least 50% planned disbursement. of externally financed project estimates in the budget, with a break- down consistent with Government budget classification. D-3: Proportion of aid that is managed by use of Scoring method M1 national procedures. Overall Rating D-3: C 67 National systems for management of funds are Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II those established in the general legislation (and Assessed dimensions (i): Overall proportion of related regulations) of the country and are imple- aid funds to central government that are man- mented by mainstream line management functions aged through national procedures. of the Government. The requirement that national Rating: C. Fifty percent or more of aid funds to authorities use different (donor-specific) procedures central government are managed through na- for the management of aid funds diverts capacity tional procedures. away from managing the national systems. This is compounded when different donors have differ- ent requirements. Conversely, the use of national Justification of Rating systems by donors can help to focus efforts on During FY12-13, the annual average amount con- strengthening and complying with the national tributed by 5 largest on-budget donors was 60.32 procedures also for domestically funded operations. percent. This figure helped to upgrade the rating for this indicator to “C” from “D” in the 2008 assessment. The use of national procedures mean that banking, authorization, procurement, accounting, audit, dis- Donors providing aid out of the budget did not use bursement, and reporting arrangements for donor national procedures. Even within the category of funds are the same as those used for Government on-budget aid, some donors used direct payments, funds. All direct and un-earmarked budget sup- only partially using national procedures. The infor- port (general or sector based) will by definition use mation captured in AMP could not segregate direct national procedures in all respects. Other types of payments made using national procedures from donor funding such as earmarked budget support, those not using the national procedures. Therefore, basket funds, and discrete project funding may use this assessment excluded the direct payment mo- some or no elements of national procedures. dality from the amount proportioned as using the country system. Though the amount using the direct Table 3.19: Largest 5 on-budget donors using country system in FY12-13 Weighted average World Bank ADB DFID Japan Norway Total of each procedure Total budget (US$) 231,404,440 101,204,607 89,989,120 65,759,647 30,537,319 518,895,134 Exchange rate 95 95 95 95 95 Latest budget (NPR 21983.42 9614.44 8548.97 6247.17 2901.05 million) Procedures Budget 97.96% 99.87% 36.21% 63.77% 66.13% 81.4% Banking 97.96% 92.53% 25.55% 18.99% 66.13% 72.5% Accounting 96.56% 73.20% 25.55% 18.99% 40.7% 66.6% Procurement 96.56% 76.07% 25.55% 18.99% 40.7% 67.1% Reporting 97.96% 82.64% 44.22% 82.81% 66.13% 81.9% Auditing 96.56% 76.07% 25.55% 18.99% 40.7% 67.1% Simple average of all procedures 72.8% Source: AMP, MoF, and World Bank calculations. 3. Assessment of the Pfm systems, processes, and institutions payment modality was insignificant in 2011-12, it in- the target of disbursing 70 percent of aid using PFM 68 creased in 2012-13 by about 10 percentage points. and procurement systems by 2015. Reports show This shows that direct payment is becoming popular that Nepal is on track to meet its target, given the Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II among development partners. The direct payment increase from 55 percent in 2010 to 64 percent in modality should be brought under national proce- 2013. Of the total amount disbursed in 2012-13, dures through reforms in the PFM system (Table 3.19). nearly 64 percent was reflected in the Government budget while the remaining 36 percent was not. Of Global monitoring surveys on implementation of the 64 percent aid disbursed on budget, only 46 aid effectiveness principles, including Busan com- percent was actually channeled through the na- mitments, have shown progress toward meeting tional treasury (using national PFM systems). D-3 Summary Explanation to Rating in Framework require- change since Evidence used Rating Information sources 2008 ment 2008 Proportion of on-budget, C 50% or more of aid AMP and Global Monitor- D AMP, which was reimbursable, cash, and funds to Government ing Survey data compiled not in place during direct payment flow out are managed through by MoF, Development 2008 assessment, of total disbursement national procedures Cooperation Report, was made opera- from each of the 5 largest 2011-12 tional in 2010. This donors provided data on use of country system. 4. Recent and ongoing reforms The ongoing PFM reforms were initiated Govern- Standards Board after an extensive consultative ment of Nepal. Some of the initiatives are financed process. The Institute of Chartered Accountants by the Multi-Donor Trust Fund for PFM, administered of Nepal has announced these standards with a 69 by the World Bank. This is a basket arrangement, road map for implementation. Pilots for rolling Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II established in 2010, supported at present by six out Nepalese Public Sector Accounting Stan- donors (Australia, Denmark, European Union, Nor- dards in two ministries have been completed way, the Swiss Confederation, United Kingdom and and financial statements in accordance with United States of America) that have so far pledged cash-based IPSAS, Part I, have been prepared. US$17.7 million. Final reports are likely to be issued by mid-July 2014, after which a senior policy-level workshop 4.1 Reform components under is held and gradual implementation of NPSAS is PFM MDTF decided as the way forward. Component 1 deals with strengthening PFM sys- (c) Strengthening the PEFA Secretariat. Capacity- tem and capacities. This component has one main building activities of the PEFA Secretariat con- operation that relates to strengthening the PFM sys- tinue to make progress in reaching out to vari- tem and three sub-components: ous stakeholders across the country, including remote districts, demand-side stakeholders, line (a) Supporting implementation of TSA system. The departments, and the general public. This can TSA was fully rolled out covering all 75 districts in contribute toward increasing PFM awareness July 2013 (a year ahead of schedule) and covers and building a solid foundation for the ensuing over 95 percent of all Government expenditure. PFM reforms. Research work in five high-priority The TSA allows real-time checks on the available areas has begun. uncommitted budget before DTCOs authorize spending, and it allows central accounting for all Component 2 deals with enhancing PFM ac- central- and district-level revenue and expendi- countability. This component has two sub-project ture by FCGO. TSA rollout has brought about cost operations that relate to strengthening OAG and savings (rationalization on number of spend- strengthening the civil society organizations use of ing units); provided the platform to improve social accountability to improve PFM. This involves cash management (revenue reporting is being supporting OAG for moving to a risk-based audit strengthened); assisted management decision approach, development of performance auditing, (real-time data facilitating mid-course budget and collaboration with civil society organizations. correction); strengthened inter-linkages of PFM Strengthening civil service organizations in the use activities (designing of LMBIS to TSA completed of social accountability in local planning and moni- for implementation). toring of projects and service delivery is another (b) Implementation of public sector accounting activity. standards. Under this sub-component, the Nep- alese Financial Reporting Standards is modeled Component 3 deals with deepening PFM-related on IFRS and were drafted by the Accounting knowledge. This component carries out analytical 4. Recent and ongoing reforms work for knowledge dissemination. Two analytical Finance Secretary and comprises representatives 70 works have been completed: the Public Expenditure from MoF, NPC, OAG, and FCGO; and private sector Tracking Survey in the education sector and the Op- representatives from the FNCCI and Transparency Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II erational Risk Assessment in the PFM sector. International Nepal from Civil Society. . It has 14 members and aims to meet twice a year. The overall Component 4 deals with strengthening budget- objective of the PFM Reform Steering Committee is ing process for results. This component has 13 to provide strategic direction to PFM. sub-component operations that relate to strength- ening the budgeting process, focusing in 3 areas: The GON established a PEFA Secretariat in 2009 un- (a) strengthening budget credibility (8 subcom- der MOF to coordinate PFM reform activities. The ponents); (b) strengthening linkages of priorities FCGO Joint Financial Comptroller General, who also and service targets to budget (2 subcomponents) serves as Member Secretary of the PEFA Steering and (c) strengthening program performance ac- Committee, heads the Secretariat. In October 2014, countability (3 subcomponents). A diagnosis of the Secretariat had 5 full-time staff. It has suffered reforms has been prepared along with an action from frequent staff transfers, but the Government plan, including the completion of various on-going of Nepal committed in 2013 that the core team of activities. The team seeks to internalize ownership the Secretariat would not be changed for at least of the budget reform process among government two years. The PEFA Secretariat has its own bud- stakeholders, foster mutual accountability among get independent of FCGO, where it is located. The key institutions for delivery of agreed activities, and Secretariat is functioning as a central platform to (a) synchronize upstream reform plans with on-going facilitate support to the PFM Steering Committee, downstream PFM reform and institutional strength- (b) support implementation of the PFM Strategy (c) ening activities. support research and analysis in high-priority PFM areas or sectors, and (d) develop and implement a 4.2 Institutional factors communications strategy to raise PFM awareness. supporting reform planning and implementation A PEFA Working Committee has also been created Government leadership and ownership of PFM re- to support implementation of decisions of the forms is high, with appropriate organizational ar- Steering Committee and to support the Secretariat. rangements for management and coordination. The Working Committee is chaired by the PEFA Sec- Following the 2005/ PEFA assessment, the Govern- retariat (Nepal) Coordinator and has representatives ment formed a national-level PEFA/PFM Steering from key line ministries, MoF: Budget Division, Rev- Committee to serve as a focal agency to drive PFM enue Division, NPC, OAG. reforms. The Steering Committee is chaired by the Annex A: Organizational Structure of Pfm Institutions Organogram of Ministry of Finance Minister 71 Secretary Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II International Economic Budget and Legal and Corporation Administration Monitoring Revenue Financial Economic Policy Programme Consultation Coordination Division and Management Sector Cooperation Analysis Division Division Division Evaluation Division Management Coordination Division Division Division Division Organogram of National Planning Commission Prime Minister (Chairman) Vice- Chairman Member Member Member Member Member Member Member Member Secretary Agriculture Economic Social Infrastructure Monitoring Human and Rural Management Development Development and Resources Development Division Division Division Evaluation Division Division Division A. Annexes Finance Comptroller General Office 72 Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II 1. General Central Arrears Pension District Treasury Administration Recovery Office Office Offices- 75 Division 2. Treasury Administration Division 3. Budget Implementation Division 11. Inspection Section 4. Monitoring, 12. Audit Section Evaluation and Analysis 13. Statistics and Analysis Section Division 14. Information Technology Section 7. Budget Implementation Section 8. Debt Section 9. Investment Section 10. Consultation Section 4. Treasury Section 5. Reimbursement Section 6. Accounts Strengthening and Human Resource Development Section 1. Personnel Adm. Section 2. Financial Adm. Section 3. Internal Adm. Section PPMO Organizational Structure Procurement Review Committee Secretariat Administration Procurement Planning Information Division Monitoring Division and Technology Division Table A1.1: The legal and institutional framework for PFM Financial Management The Interim Constitution (2007), Financial Procedural Act (1999), Audit Act (1991) and Good Gov- 73 ernance (Management and Operation) Act (2008) provide the legal framework for PFM in Nepal. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II The Public Procurement Act (2007) provides the legal framework for purchases. Local government financial management is provisioned under Local Self Governance Act (1999). Revenue Administration Income Tax Act (2002), Value Added Tax Act (1996), Customs Act (2007) and Excise Duty Act (2002) provide the legal framework for tax administration. Various laws, rules, and directives support implementation of these laws. Debt Management Loan and Guarantee Act (1968) provides the legal framework for foreign loans whereas the Public Debt Act (2002) provides the framework under which government securities are issued and serviced. Under the Nepal Rastra Bank Act (2002), Nepal Rastra Bank is the manager of government and advises it in formulating the annual borrowing program. Borrowing by Local Local Self Governance Act (1999) allows local authorities to raise credit/loan with or without pledg- Authorities ing any property under its ownership and possession or under guarantee given by the Govern- ment of Nepal, from a bank or any other organization, according to the policy approved by the local authority. Procurement Public Procurement Monitoring Office (PPMO) has been established as provided by the Public Procurement law. Public Procurement Act (2007) and Public Procurement Regulation (2007) form the legal framework for procurement in Nepal. Audit Clause 123 of the Interim Constitution of Nepal (2007) mandates the Office of the Auditor General (OAG) to audit government offices and any other institutions permitted by the law. The scope of audit the OAG can undertake is provisioned under Audit Act (1991). Public Accounts Com- Public Accounts Committee is provided for by Article 58 of the Interim Constitution of Nepal (2007) mittee for discussing the OAG reports, to monitor progress on budget implementation, and to make recommendations to the Executive based on the discussions. Annex B: Calculation sheet for Pfm performance indicators Calculation Sheet for PFM Performance Indicators PI-1 and PI-2 (as revised January 2011) Step 1: Enter the three fiscal years used for assessment in table 1. Step 2: Enter budget and actual expenditure data for each of the three years in tables 2, 3, and 4 respectively. Step 3: Enter contingency data for each of the three years in tables 2, 3, and 4 respectively. Step 4: Read the results for each of the three years for each indicator in table 5. 74 Step 5: Refer to the scoring tables for indicators PI-1 and PI-2 respectively in the Performance Measurement Framework in order to decide the score for each indicator. Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Table 1 - Fiscal years for assessment Year 1 = 2010/11 Year 2 = 2011/12 Year 3 = 2012/13 Table 2 Data for year = 2010/11 Administrative or Budget Actual Adjusted Deviation Absolute Devia- Percent Functional head Budget tion Ministry of Education 36,485,879,000 37,029,365,246 35,564,294,702 1,465,070,544 1,465,070,544 4.1% Ministry of Local Development 25,171,642,000 24,143,378,773 24,535,840,132 -392,461,359 392,461,359 1.6% Ministry of Home Affairs 21,741,704,000 21,530,864,808 21,192,537,759 338,327,049 338,327,049 1.6% Ministry of Defence 18,291,422,000 19,089,126,566 17,829,405,248 1,259,721,318 1,259,721,318 7.1% Ministry of Physical Planing 16,532,442,000 15,300,284,975 16,114,854,720 -814,569,745 814,569,745 5.1% and Construction Ministry of Agriculture and 8,205,921,000 7,710,154,820 7,998,650,457 -288,495,637 288,495,637 3.6% Cooperative Ministry of Health and Population 7,895,862,000 7,252,358,894 7,696,423,131 -444,064,237 444,064,237 5.8% Ministry of Irrigation 5,838,836,000 5,822,790,276 5,691,354,845 131,435,431 131,435,431 2.3% Ministry of Peace and Reconstruction 4,217,183,000 3,279,054,466 4,110,662,622 -831,608,156 831,608,156 20.2% Ministry of Forest and Soil Conservation 4,021,320,000 3,835,726,724 3,919,746,858 -84,020,134 84,020,134 2.1% Ministry of Finance 3,815,965,000 3,040,920,031 3,719,578,849 -678,658,818 678,658,818 18.2% Ministry of Finance - Investment (Public 3,214,150,000 11,738,272,993 3,132,964,888 8,605,308,105 8,605,308,105 274.7% Enterprises) Ministry of Foreign Affairs 2,465,565,000 2,013,296,427 2,403,288,140 -389,991,713 389,991,713 16.2% Ministry of Information 2,454,979,000 2,286,149,650 2,392,969,528 -106,819,878 106,819,878 4.5% and Communication Ministry of Land Reform 1,827,826,000 1,494,558,237 1,781,657,570 -287,099,333 287,099,333 15.7% and Management Ministry of Industry 1,697,909,000 1,090,571,889 1,655,022,099 -564,450,210 564,450,210 33.2% Ministry of Energy 525,504,000 393,545,286 512,230,475 -118,685,189 118,685,189 22.6% Ministry of Tourism and Civil Aviation 913,406,000 784,289,799 890,334,591 -106,044,792 106,044,792 11.6% Ministry of Commerce and Supply 895,542,000 1,188,991,809 872,921,812 316,069,997 316,069,997 35.3% Ministry of Environment 197,243,000 164,438,568 192,260,907 -27,822,339 27,822,339 14.1% Administrative or Budget Actual Adjusted Deviation Absolute Devia- Percent Functional head Budget tion Other Ministries (Except Interest and 44,161,374,000 36,064,776,102 43,045,917,007 6,981,140,905 15.8% Contingency) allocated expenditure 210,571,674,000 205,252,916,340 205252916340.04 0.0 24,231,864,889.4 contingency 3,356,231,000 10,057,814 total expenditure 213,927,905,000 205,262,974,154 overall (PI-1) variance 4.05% composition (PI-2) variance 11.81% contingency share of budget 0.00% Table 3 Data for year = 2011/12 Administrative or Budget Actual Adjusted Budget Deviation Absolute Deviation Percent Functional head Ministry of Education 40,846,177,000 42,768,023,071 42,164,982,793 603,040,278 603,040,278 0.014301922 Ministry of Local Development 14,708,962,000 14,261,267,919 15,183,872,156 -922,604,237 922,604,237 0.060762118 Ministry of Home Affairs 21,614,559,000 25,944,845,777 22,312,431,059 3,632,414,718 3,632,414,718 0.162797801 Ministry of Defence 19,100,966,000 22,629,943,747 19,717,681,357 2,912,262,390 2,912,262,390 0.147698015 Ministry of Physical Planing and 19,740,936,000 19,630,974,429 20,378,314,151 -747,339,722 747,339,722 0.036673285 Construction Ministry of Agriculture and Cooperative 9,166,077,000 9,160,048,407 9,462,023,312 -301,974,905 301,974,905 0.031914411 Ministry of Health and Population 8,367,262,000 8,332,711,625 8,637,416,869 -304,705,244 304,705,244 0.035277358 Ministry of Irrigation 5,910,565,000 5,749,702,162 6,101,400,176 -351,698,014 351,698,014 0.057642181 Ministry of Peace and Reconstruction 5,216,886,000 8,266,813,113 5,385,324,272 2,881,488,841 2,881,488,841 0.5350632 Ministry of Forest and Soil Conservation 4,091,376,000 4,438,860,942 4,223,474,785 215,386,157 215,386,157 0.050997382 Ministry of Finance 3,877,130,000 2,930,129,157 4,002,311,397 -1,072,182,241 1,072,182,241 0.26789076 Ministry of Finance - Investment (Public 4,594,242,000 13,746,500,990 4,742,576,885 9,003,924,105 9,003,924,105 1.898529918 Enterprises) Ministry of Foreign Affairs 2,243,165,000 2,161,363,971 2,315,590,358 -154,226,387 154,226,387 0.066603485 Ministry of Information and Com- 2,335,165,000 2,672,827,160 2,410,560,774 262,266,386 262,266,386 0.10879891 munication Ministry of Land Reform and Management 1,983,652,000 1,983,064,450 2,047,698,428 -64,633,979 64,633,979 0.032583325 Ministry of Industry 1,902,489,000 1,201,010,428 1,963,914,908 -762,904,480 762,904,480 0.40100336 Ministry of Energy 671,124,000 552,741,201 692,792,667 -140,051,467 140,051,467 0.208681952 Ministry of Tourism and Civil Aviation 916,165,000 681,139,561 945,745,338 -264,605,777 264,605,777 0.28881891 Ministry of Commerce and Supply 1,285,475,000 909,232,706 1,326,979,297 -417,746,591 417,746,591 0.324974497 Ministry of Environment 197,119,000 177,893,620 203,483,407 -25,589,786 25,589,786 0.129818975 Other Ministries (Except Interest and 57,512,830,732 45,389,234,884 59,369,754,927 -13,980,520,044 13,980,520,044 0.243085236 Contingency) allocated expenditure 226,282,322,732 233,588,329,318 233,588,329,318 0 39,021,565,748 contingency 2,985,879,268 82,410,710 total expenditure 229,268,202,000 233,670,740,028 overall (PI-1) variance 1.92% composition (PI-2) variance 16.71% contingency share of budget 0.04% Table 4 Data for year = 2012/13 Administrative or Budget Actual Adjusted Budget Deviation Absolute Deviation Percent Functional head Ministry of Education 45,912,438,000 45,973,332,970 44,748,619,450 1,224,713,520 1,224,713,520 0.0274 Ministry of Local Development 24,628,089,000 25,294,767,671 24,003,800,069 1,290,967,602 1,290,967,602 0.0538 Ministry of Home Affairs 23,498,434,000 23,735,207,596 22,902,780,304 832,427,292 832,427,292 0.0363 Ministry of Defence 21,437,668,000 21,108,965,681 20,894,251,950 214,713,731 214,713,731 0.0103 Ministry of Physical Planing and 22,285,472,000 19,389,296,716 21,720,565,259 -2,331,268,544 2,331,268,544 0.1073 Construction Ministry of Agriculture and Cooperative 10,136,002,000 9,892,082,705 9,879,067,982 13,014,722 13,014,722 0.0013 Ministry of Health and Population 7,767,325,000 7,962,501,673 7,570,433,758 392,067,914 392,067,914 0.0518 Ministry of Irrigation 6,686,633,000 6,831,016,628 6,517,135,847 313,880,781 313,880,781 0.0482 Ministry of Peace and Reconstruction 8,964,389,000 6,047,278,989 8,737,153,796 -2,689,874,807 2,689,874,807 0.3079 Ministry of Forest and Soil Conservation 4,179,732,000 4,376,457,806 4,073,781,416 302,676,390 302,676,390 0.0743 Ministry of Finance 3,249,763,000 3,104,033,525 3,167,385,879 -63,352,354 63,352,354 0.0200 Ministry of Finance - Investment (Public 10,989,438,000 12,404,193,088 10,710,870,528 1,693,322,560 1,693,322,560 0.1581 Enterprises) Ministry of Foreign Affairs 2,184,541,000 2,218,230,694 2,129,165,824 89,064,870 89,064,870 0.0418 Ministry of Information and Com- 2,560,332,000 2,523,560,235 2,495,431,028 28,129,207 28,129,207 0.0113 munication Ministry of Land Reform and Management 1,835,526,000 1,930,368,737 1,788,997,885 141,370,852 141,370,852 0.0770 Ministry of Industry 1,531,867,000 1,330,990,049 1,493,036,232 -162,046,183 162,046,183 0.1058 Ministry of Energy 510,789,000 485,567,957 497,841,186 -12,273,229 12,273,229 0.0240 Ministry of Tourism and Civil Aviation 1,662,130,000 2,174,004,424 1,619,997,240 554,007,184 554,007,184 0.3333 Ministry of Commerce and Supply 1,324,695,000 810,524,408 1,291,115,763 -480,591,356 480,591,356 0.3628 Ministry of Environment 452,748,000 520,404,704 441,271,447 79,133,257 79,133,257 0.1748 Other Ministries (Except Interest and 77,423,235,000 74,030,576,718 75,460,660,129 -1,430,083,411 1,430,083,411 0.0185 Contingency) allocated expenditure 279,221,246,000 272,143,362,973 272,143,362,973.0 0.0 14,338,979,764.9 contingency 12,317,284,000 2,047,853,259 total expenditure 291,538,530,000 274,191,216,232 overall (PI-1) variance 6.0% composition (PI-2) variance 5.3% contingency share of budget 0.7% Table 5 - Results Matrix for PI-1 for PI-2 (i) for PI-2 (ii) year total exp. deviation composition variance contingency share 2067/68 4.05% 11.81% 0.25% 2068/69 1.92% 16.71% 2069/70 5.95% 5.27% Score for indicator PI-1: A Score for indicator PI-2 (i) C Score for indicator PI-2 (ii) A Overall Score for indicator PI-2 C+ Annex C: Pefa assessment teams and working groups 1. PEFA Steering Committee (Leading Body) 2. Advisory Body Secretary, Ministry of Finance: Mr. Shanta Raj Subedi/Mr. Yub Raj Bhushal/ Mr. Suman Prasad Sharma Secretary, National Planning Commission: Mr Yub Raj Bhushal/ Mr. Som Lal Subedi/ Mr. Sharada Prasad Trital 77 Financial Comptroller General, FCG Office: Mr. Suman Prasad Sharma/ Mr. Shankar Prasad Adhikari Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II 3. PEFA Assessment Working Committee Dr. Mukti Narayan Paudel/ Mr. Dilli Ram Sharma/ Jagadish Regmi, Coordinator/Chair Coordinator, PEFA Secretariat, Nepal Dr. Baikuntha Aryal, Joint Secretary, Ministry of Finance Co- Chair Ram Sharan Pudasaini, Joint Secretary, Ministry of Finance Member Puspa Lal Shakya, Joint Secretary, National Planning Commission Member Rajan Khanal, Joint Secretary, Ministry of Finance Member (Now the Secretary of MOGA) Naresh Kumar Chapagain, Joint Secretary, PPMO Member Jayadev Shrestha, JFCG, FCGO Member Babu Ram Gautam, Deputy Auditor General, OAG Member Madhu Kumar Marasini, Joint Secretary, MoF Member Babu Ram Subedi, Member Secretary of PEFA Secretariat (Nepal) Member Secretary 4. PEFA Assessment Working Groups Group A (PFM Outturns: Credibility of Budget, PI -1 to PI- 4) Dr. Baikuntha Aryal, Joint Secretary, Ministry of Finance (Budget Division): Coordinator Nirmal Hari Adhikari,Under Secretary, MOF, Budget Division Baburam Subedi, DFCG and Member Secretary, PEFA Secretariat(Nepal) Yugraj Pandey, Director, IRD Upendra Khanal, Under Secretary, Ministry of Finance Umesh Raj Rimal, Section officer, MoF Group B (Comprehensiveness and Transparency of Budget, PI -5 to PI- 10) Ram Sharan Pudasaini, Joint Secretary, Ministry of Finance, Coordinator Bhumiram Sharma,Under Secretary, Monitoring Division Baburam Shrestha,Under Secretary, MoFALD Balaram Rijyal, Under Secretary, Budget Division, MOF Sukdev Banskota,DFCG, FCGO Prakash Lamsal, CA, ICAN Dilaram Sapkota, Under Secretary, MoF Bhanubhakta Neupane, Public Enterprises Coordination Division, MoF Group 'C' (Policy Based Budgeting, PI -11 to PI- 12) Puspa Lal Shakya, Joint Secretary, National Planning Commission, Coordinator Thana Prasad Pangeni, Under Secretary, MoF (MTBF) Yam Lal Bhushal, Under Secretary, NPC (MTEF) A. Annexes Krishna Prasad Paudel, Deputy Financial Comptroller General, FCGO 78 Ramesh Siwakoti,Under Secretary, Ministry of Physical Infrastructure and Transport Rudra Bhatta, Section Officer, National Planning Commission Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II Group 'D' (Predictability and Control in Budget Execution , PI -13 to PI- 15) Rajan Khanal, Joint Secretary, Revenue Division,MOF: Coordinator (now Secretary of MOGA) Dikar Dev Bhatta, Under Secretary, MOF, Revenue Division Jeevan Kumar Ghimire, Under secretary Narayan Prasad Sharma,Director, Department of Customs Hari Phuyal, Deputy Financial Comptroller General, FCGO Govinda Prasad Subedi, Director, Inland Revenue Department Group E (Predictability and Control in Budget Execution, PI -16 to PI- 18) Dr. Mukti Narayan Paudel, Coordinator, PEFA Secretariat Mr. Kaman Singh Khatri, Deputy Financial Comptroller General, FCGO(Debt and Investment Section) Krishna Bahadur Bohara,Under Secretary, MoF Baburam Gyawali, Deputy Financial Comptroller General, FCGO Suresh Krishna Sharma , Under Secretary, Ministry of Urban Development Bala Dev Joshi,Director , Department of Civil Records Tolendra Karki, Accounts Officer, PEFA Secretariat/FCGO Group F (Predictability and Control in Budget Execution , PI -19 to PI- 21) Naresh Kumar Chapagain,Joint Secretary, PPMO, Coordinator Subash Chandra Shiwakoti, Deputy Financial Comptroller General, FCGO , Internal Audit Section Yagya P.Dhungel,Under Secretary, MOF, Budget division Sushil Pandey, Deputy Financial Comptroller General, FCGO, Procurement /Unit IT Section Krishna Kumar Karki, Under Secretary (Law) Group G (Accounting, Recording and Reporting, PI -22 to PI- 25) Jaya Dev Shrestha, JFCG, FCGO, Coordinator Chandra Kumar Shrestha,Under Secretary, MOF Shaligram Sharma, Paudel, Deputy Financial Comptroller General, Budget and Internal Administration Sanjay KC, CA, Accounting Standard Board Suryamani Gautam, Under Secretary, FCGO Ganga Bdr Chhetri, Under Secretary, FCGO Anupama Karki, Accounts Officer, FCGO/PEFA Group H (External Scrutiny and Audit, PI -26 to PI- 28) Babu Ram Gautam, Assistant Auditor General, OAG, Coordinator Kedar P. Paneru, Under Secretary, Budget Division Bhawanath Dahal, Director, OAG Ishwar Kafle, Deputy Financial Comptroller General, FCGO Indra Prasad Aacharya, Director, OAG Group I (Donor Practices, D -1 to D- 3) Madhu Kumar Marasini, Joint Secretary, MoF, Coordinator Dr. Narayan Dhakal Under Secretary, MoF, IECCD Hari Pandey, Under Secretary, MoF Hari Sharan Pudashaini, US, Budget Division Homakanta Bhandari, Section Officer, MoF Janak Dulal, Accounts Officer, FCGO Public Expenditure and Financial Accountability Assessment Nepal PFM Performance Assessment II 79 The World Bank Group Nepal Country Office P.O. Box 798 Yak and Yeti Hotel Complex Durbar Marg, Kathmandu, Nepal Tel.: 4236000 Fax: 4225112 Email: infonepal@worldbank.org www.worldbank.org/np www.facebook.com/WorldBankNepal