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THE
MINISTRY OF FINANCE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
69/2012/TT-BTC
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Hanoi , May 3, 2012
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CIRCULAR
GUIDING THE MANAGEMENT
AND USE OF THE MONEY FROM THE NON-REFUNDABLE AID OF THE JAPANESE GOVERNMENT'S
FOR THE FOOD SECURITY PROJECT FOR UNDERPRIVILEGED FARMERS (2KR PROJECT)
Pursuant to the Diplomatic Note signed on October 29, 2009
between the Vietnamese Government and the Japanese Government, and the Aid
Agreement signed on October 29, 2009, between the Vietnamese Government and the
Japan International Cooperation Agency on the nonrefundable aid of Japanese
Government's for the Food Security Project for Underprivileged Farmers (2KR
project);
In furtherance of the Government Office's Official Letter
No. 7844/VPCP-QHQT on November 14, 2008, on the mechanism for receiving the
Japanese Government's aid for the 2KR project, and the Prime Minister's
Document No. 1642/TTg-QHQT on September 15, 2009, on the Diplomatic Note and
Agreement on the Japanese Government's aid for underprivileged farmers;
The Ministry of Finance guides the management and use of
the money from the Japanese Government's non-refundable aid for the 2KR project
as follows:
Part I
GENERAL PROVISIONS
Article 1. Scope of regulation
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Article 2. Aid fund accounts and service banks
The money from the sale of aiding goods must be transferred to
a separate account (aid fund account) at a bank (service bank) and used in
accordance with the Agreement between the Vietnamese Government and the Japanese
Government for development investment projects.
Article 3. Selection of constructions and projects
On the basis of the project registration of localities
(project owners) and the use purpose of the aid agreed by the both governments,
the Ministry of Planning and Investment shall cooperate with the Ministry of
Finance, the Ministry of Agriculture and Rural Development and related agencies
in agreeing with the Japanese Government's representative on the selection of
specific constructions and projects for which the money from the aid is used,
and officially notify the Japanese party for implementing in cooperation.
Article 4. Payment
The Ministry of Finance shall transfer money to aid-funded
projects via the State Treasury system. State treasuries in localities having
projects funded by the 2KR project aid pay fundamental construction investment
capital to the funded projects under current provisions on payment of
fundamental construction investment capital from the State budget.
Article 5. Responsibility of project owners
Project owners shall estimate, submit for approval, manage,
use, report and finalize their project investment capital under current
provisions on fundamental construction investment, and use the capital in
accordance with the projects approved.
Part II
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Article 6. Making project list
Based on the agreement stated in the Diplomatic Note between
the two governments and related agreements, the Ministry of Planning and
Investment shall cooperate with the Ministry of Agriculture and Rural
Development, the Ministry of Finance and the Japanese Government's
representative in selecting projects eligible for using the money from the sale
of aiding goods (below referred to as the list of aid-funded projects). The
total amount of money allocated to the projects must not exceed the total aid.
Article 7. Approval of projects
1. Projects on the list of aid-funded projects must be
approved under current provisions on the management of fundamental construction
investment of the Government. In case the total investment capital necessary
for a project is larger than the aiding capital allocated, the lacking amount
shall be funded by the local budget or other sources mobilized by the locality,
and be notified to the State treasury by the provincial People's Committee for
capital payment of the project.
2. After the project is approved, the project owner shall send
the following documents to the Ministry of Finance (the Department of External
Finance and Debt Management):
- The Official dispatch stating the approved contents of the
project, the total investment of the project specifying the aided capital and
corresponding domestic capital, and the project schedule;
-The original of the Decision on the approval of the project
from competent authorities.
Article 8. Selection of
contractors and suppliers, and contract signing
The selection of contractors and suppliers and the signing of
contracts for project implementation must comply with the Vietnamese
Government's regulations on fundamental construction investment and bidding.
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1. Opening accounts for receiving aiding capital and
transferring the money from the sale of aiding goods to these accounts
a. The Ministry of Finance (the Department of External Finance
and Debt Management) shall send the list of aid-funded projects made by the
Ministry of Planning and Investment to relevant State treasuries and provincial
Finance Services. The project owner shall open an account for receiving aiding
capital at the State treasury in the locality that has the project;
b. After opening an account for receiving aiding capital, the
project owner shall send a written request for the first capital transfer to
the Ministry of Finance (the Department of External Finance and Debt
Management). Based on the project owner's request, the Ministry of Finance
shall send to the service bank a written request for the transfer of 50% of the
total aiding capital allocated to the project from the aid fund account to the
account for receiving aiding capital opened at a local State Treasury;
c. After 80% - 90% of the first capital amount transferred is
properly used in accordance with the provisions on the payment of fundamental
construction capital, the project owner shall send to the Ministry of Finance
(the Department of External Finance and Debt Management) a written request for
the second transfer equal to 50% of the total aiding capital allocated to the
project, enclosed with the original certification of expense control from the
local State treasury on the capital transferred. Based on the project owner's
written request for money transfer, the Ministry of Finance will send to the
service bank a written request for transferring money from the aid fund account
to the account for receiving aiding capital opened at the State treasury in the
locality that has the project;
d. The written requests for money transfer shall be made under
the form enclosed in the Annex.
2. Controlling the payment of capital the account receiving
aiding capital
Capital advance, withdrawal of capital advance and capital
payment for finished work volumes of aid-funded projects must comply with
relevant provisions of the Finance Ministry's Circular No. 86/2011/TT-BTC of
June 17,2011, on the management and payment of the investment capital and
non-business investment capital belonging to the State budget.
Article 10. Aiding capital receipts and expenses records
After the latter capital is used up, state treasuries in
provinces that have the projects shall close accounts for receiving aiding
capital and notify the Ministry of Finance (the Department of Debt Management
and External Finance) in writing.
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Article 11. Finalization
Annually, project owners and their superior agencies shall
make reports on the finalization in accordance with the Finance Ministry's
Circular No. 210/2010/TT-BTC on October 20, 2010, on the finalization of
fundamental construction capital belonging to the state budget every fiscal
year. The finalization of investment capital of finished project must comply
with the Finance Ministry's Circular No. 19/2011/ TT-BTC of February 14, 2011,
on the finalization of finished projects funded from the State capital.
Article 12. Reporting and examination
After the project is finished, its owner must send the repot
on the completion of the project to the Ministry of Planning and Investment and
the Ministry of Finance for summarizing and sending reports to the Vietnamese
Government and Japanese Governments.
If necessary, the Ministry of Planning and Investment may
cooperate with the Ministry of Finance in inspecting the progress and
efficiency of projects funded by the Japanese Government's aiding capital.
Part III
ORGANIZATION OF IMPLEMENTATION
This Circular takes effect on June 15, 2012.
The agencies and units are recommended to send feedbacks on
any problems arising during the course of implementation to the Ministry of
Finance for consideration, amendment and supplement./.
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FOR
THE MINISTER
DEPUTY MINISTER
Truong Chi Trung