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THE MINISTRY
OF FINANCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.150/1999/TT-BTC
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Hanoi,
December 21, 1999
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME
MINISTER'S DECISION No.195/1999/QD-TTg OF SEPTEMBER 27, 1999 ON THE SETTING UP,
USE AND MANAGEMENT OF EXPORT SUPPORT FUND
In furtherance of the Prime Minister's
Decision No.195/1999/QD-TTg dated September 27, 1999 on the setting up, use and
management of export Support Fund, the Ministry of Finance provides the
following guidance for implementation:
A. GENERAL PROVISIONS
1. The
Export Support Fund is set up with a view to providing financial support for
enterprises to encourage them to develop the export business, search for and
expand markets, and raise the competitiveness of Vietnam's export goods.
2. On
the basis of the undertakings and tasks of economic development in each period
under the Government's or the Prime Minister's direction; the domestic and
overseas situation and fluctuations concerning the markets, prices, export
goods, as well as the business situation and financial results of
importing/exporting enterprises, the Finance Ministry shall organize the
provisions of financial support for importing/exporting enterprises that meet
all conditions stipulated in this Circular, after consulting the Ministry of
Trade, the Government Pricing Committee and the goods category-management
agencies according to the relevant contents and nature of the supports.
3.
Enterprises entitled to financial support under the guidance in this Circular
include: enterprises engaged in import and export (mainly of agricultural
products), enterprises producing goods directly for export and other
enterprises as decided by the Prime Minister.
4. The
Export Support Fund has its own bank account at the State Treasury. The Price
Stabilization Fund's remaining balances up to October 12, 1999 and the revenue
being surcharges on goods items subject there to for the Price Stabilization
Fund under Decision No.151/TTg dated April 12, 1993 and for the Export Reward
Fund under Decision No.764/QD-TTg dated August 24, 1998 of the Prime Minister
shall be transferred into the Export Support Fund's account.
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I. THE
REVENUES FOR THE EXPORT SUPPORT FUND
1.The
revenue from import-export goods price differences:
1.1.
Principles for the calculation of price differences:
a/ For
import goods, it shall be the difference between the domestic selling prices
accepted by the market and the cost prices of the import goods, including the
import prices with freight, insurance charges to the port of import, import tax
and other taxes as prescribed by law.
For
goods subject to the import tax, the above-mentioned cost prices of import
goods shall be determined with the import tax calculation prices, import tax
and other taxes as prescribed by law.
b/ For
export goods, it shall be the difference between the actual export prices (the
FOB prices) and the cost prices of export goods, including the actual buying
prices, export tax prescribed by law and domestic circulation expenses.
For
goods subject to the export tax, the above-mentioned cost prices of export
goods shall be determined with the export tax calculation prices and the export
tax.
c/ The
amount of goods for collection of the price difference is the amount of goods
actually exported or imported as written in the bill of lading in conformity
with the customs declaration.
d/ The
applicable time for the collection of price differences: shall comply with
decisions of the competent agencies. Basing themselves on the time of
registration of the customs declarations, enterprises shall remit the said
difference amounts according to regulations.
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- For
import goods, it shall be the percentage between the remittable price
difference and the actual import price, including the overseas freight and
insurance charge to the port of import.
- For
export goods, it shall be the percentage between the remittable price
difference and the actual export price at the port of export, excluding the
costs arising outside the country.
1.2.
Goods which are not subject to the price difference remittance include: goods
exported from or imported into the export-processing zones; equipment, supplies
and goods imported under the Law on Foreign Investment in Vietnam; goods
exported or imported as samples, for advertisements, exhibitions or fairs;
refundable and non-refundable aid goods; goods being gifts; goods and luggage
of passengers on entry and exit.
1.3.
According to the stipulations of the Prime Minister, the Government Pricing
Committee shall assume the prime responsibility and coordinate with the Finance
Ministry, the Trade Ministry, the goods category-management agencies and the
People's Committees of the provinces and centrally-run cities in monitoring the
price situation fluctuations at home and abroad, detecting the price
differences of import and/or export goods, proposing lists of goods,
percentages and time and submitting them to the Prime Minister for deciding the
collection of price differences.
1.4.
Enterprises having goods items subject to the remittance of price differences
shall have to remit them into the State budget through the Export Support
Fund's account at the State Treasury.
2. The
fees collected as from October 12, 1999 including:
- The
import-export quota-bidding fee.
- The
import-export quota-granting fee.
- The
licensing fee for the establishment and operation of representative offices of
foreign organizations in Vietnam, as well as the opening of branches of foreign
companies in Vietnam.
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The
agencies functioned to collect the above-mentioned fees shall enjoy a
remuneration amount, which represents at most 10% (ten per cent) of the
actually collected fee amounts before remitting them into the State budget, in
order to spend on the fee collection in accordance with the stipulations of the
Finance Ministry's Circular No.54/1999/TT-BTC of May 10, 1999 which guides the
implementation of the Government's Decree No.04/1999/ND-CP of January 30, 1999
on charges and fees belonging to the State budget. The remaining amount shall
be remitted into the State budget through the Export Support Fund's account at
the State Treasury.
3. For
the amounts contributed by importing exporting enterprises for goods items with
import-export price differences which have not yet been collected, the Finance
Ministry and the Trade Ministry shall coordinate with the Government Pricing
Committee in determining, on the basis of the market price of each goods item
in each period the price difference and contribution level to be notified to
enterprises for implementation.
4. The
revenues from other sources by the Prime Minister's decisions.
The
above-mentioned revenues, when arising, shall be wholly remitted into the State
budget through the Export Support Fund's account at the State Treasury.
5. In
addition to the above revenues, the Finance Ministry, basing itself on the
revenue-expenditure task and plan of the Export Support Fund as well as the
Fund's balance carried forward to the subsequent year and after consulting the
Ministry of Planning and Investment, shall elaborate and submit to the
Government a plan on the level of supplement to the Export Support Fund, to be
included in the annual State budget estimate.
II.
CONTENTS OF THE USE AND MANAGEMENT OF THE EXPORT SUPPORT FUND
1.Contents
of the use of the Export Support Fund:
a/
Providing full or partial support for interests on bank loans for
importing-exporting enterprises to purchase export agricultural products at the
floor prices or the prices securing the producers' business set by the Prime
Minister.
b/
Providing full or partial support for differences between the short-term loan
interest rates of commercial banks and the preferential interest rates for
importing-exporting enterprises to purchase agricultural products for export
under the Prime Minister's direction.
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d/
Providing full or partial support for differences between the short-term loan
interest rates of commercial banks and the preferential interest rates for
importing-exporting enterprises to purchase, process and directly export
seasonal agricultural products, under the Prime Minister's direction.
e/
Providing definite financial support for a number of export goods items that
suffer from temporary losses or financial difficulties due to their low
competitiveness or objective risks, in the following cases:
+ Goods
exported for the first time.
+ Goods
exported to the newly-sought and unstable markets.
+ Goods
already purchased but not yet exported due to the sudden fall in world prices.
+ Goods
for direct export suffering from temporary losses in production due to their
low competitiveness as the result of newly mobilized investments.
f/
Providing partial support for importing-exporting enterprises which have made
contributions to the Export Support Fund (remitted the import-export price
differences as stipulated at Point 1, Section I of this Circular) and which are
now facing financial difficulties due to the market price fluctuations.
g/
Reward for export-market search and expansion, new goods items exported for the
first time; the export of high-quality goods recognized and certified by international
organizations; the export of goods made largely of domestic raw materials and
by domestic labor, for achievement of high and efficient export value.
h/
Providing other supports under the Prime Minister's decisions.
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a/ For
cases where the Prime Minister decides the concrete levels of support for
enterprises, the Finance Ministry shall provide financial support for such
enterprises.
b/ For
cases where the Government or the Prime Minister decides the support
undertakings, the Finance Ministry shall assume the prime responsibility and
coordinate with the Government Pricing Committee and the Trade Ministry
(depending on the above-mentioned expenditure contents) as well as the relevant
branches to consider and define the concrete support levels as directed or
report them to the Prime Minister for decision.
c/ For
cases mentioned in Article 4 of Decision No.195/1999/QD-TTg and Point 1,
Section II of this Circular: Basing itself on the proposals of enterprises and
opinions of the goods category-management agencies (the ministries and
provincial/municipal People's Committees), the Finance Ministry shall assume
the prime responsibility together with the Government Pricing Committee and the
Trade Ministry (depending on the expenditure contents) to determine goods items
that need the support as well as the support mode, level and duration and
report them to the Prime Minister for decision.
After
obtaining decisions from the Prime Minister, the Finance Ministry shall
coordinate with the Trade Ministry and the Government Pricing Committee
(depending on the expenditure contents) in evaluating the dossiers and data to
consider the support. On the basis of the evaluation results (the minutes on
the inter-ministerial working sessions of experts) as well as opinions of the
Government Pricing Committee and the Trade Ministry (depending on the
expenditure contents), the Finance Minister shall decide the supports spendings
from the Export Support Fund.
d/
Procedures and dossier for consideration:
For
cases of support stipulated in Clauses a, b, c and d, Point 1, Section II:
- The
list of unsold goods, which are warehoused and ex-warehoused and need support
during the support period.
- The
lists of capital loan contracts, receipts of interests collection by the banks,
list of the banks' debts at different moments with the banks' certification for
the purchase, temporary reserve or seasonal reserve of the supported goods
items.
On the
basis of the above-mentioned dossiers and documents, the Finance Ministry (the
Enterprise Finance Department) shall assume the prime responsibility together
with the relevant ministries and branches to organize the evaluation so as to
report such to the Finance Minister for consideration and decision of the
concrete support levels for enterprises.
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- The
report on the production and import/export situation by the time of proposing
the support and evaluation of the enterprise's situation.
- Other
reports and vouchers related to the contents and nature of each support item.
- For
cases of rewarding export stipulated in Clause g, Point 1, Section II:
The
Trade Minister shall assume the prime responsibility and coordinate with the
Finance Ministry in organizing the reward consideration and issuing decisions
on rewarding the qualified exporting enterprises as stipulated in Clause g,
Point 1, Section II of this Circular.
e/ The
procedures for expenditures from the Export Support Fund: On the basis of the
Prime Minister's and the Finance Minister's decisions on support for units and
the Trade Minister's decisions on rewarding the qualified exporting enterprises
as prescribed, the Finance Ministry shall fill in the procedures for expenditures
from the Export Support Fund for enterprises.
III.
SETTLEMENT OF THE USE OF THE EXPORT SUPPORT FUND
Annually,
the Trade Ministry shall have to synthesize the expenditures on export rewards;
the Finance Ministry shall synthesize and take responsibility for the
settlement of revenues and expenditures of the Export Support Fund so as to
have a basis for reporting to the Prime Minister on the results of the Fun's
operations. Where the Export Support Fund is not used up within a year, the
Fund's balance shall be carried forward to the subsequent year.
C. ORGANIZATION OF IMPLEMENTATION
On the
basis of the provisions at Article of the Prime Minister's Decision
No.195/1999/QD-TTg of September 27, 1999, to ensure the proper implementation
of the Prime Minister's Decision, in addition to the provisions of this
Circular, importing-exporting enterprises shall have to comply with guidances
of the following ministries and branches:
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2. The
Government Pricing Committee's guidance on the collection of price differences
and list of goods, percentages and time of collection... for import-export
goods; guidance on the reduction and exemption of price differences for goods
items other than those exempt from the price difference collection stipulated
in Article 3 of Decision No.195/1999/QD-TTg.
3. The
guidance of the goods category management ministries and the People's Committees
of the provinces and centrally-run cities in the elaboration of the export
strategy for each goods item as well as the export capability and conditions in
each period, thus boosting the export, expanding the market, raising the
competitiveness of Vietnams export goods, ensuring the import and export's
efficiency, increasing the State budget revenues and at the same time
minimizing risks in the course of import and export.
This
Circular takes effect from the effective date of the Prime Minister's Decision
No.195/1999/QD-TTg of September 27, 1999. All the previous regulations contrary
to the provisions of this Circular are now annulled.
In the
course of implementation, if any problems arise, agencies and enterprises
should promptly report them to the Finance Ministry for amendments and/or
supplements suited to the reality so as to ensure that the Export Support Fund
is used and managed in an efficient and right manner.
MINISTER OF
FINANCE
Nguyen Sinh Hung