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THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 56/2000/QD-BTC
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Hanoi,
April 19, 2000
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DECISION
PROMULGATING THE REGULATION ON FINANCIAL
MANAGEMENT OF THE SOCIAL FUNDS AND CHARITY FUNDS
THE MINISTER OF FINANCE
Pursuant to the Government’s Decree No.15/CP of
March 2, 1993 defining the tasks, powers and State management responsibility of
the ministries and ministerial-level agencies;
Pursuant to the Government’s
Decree No.178/CP of October 28, 1994 defining the tasks, powers and
organizational structure of the Finance Ministry;
Pursuant to the Government’s
Decree No.177/1999/ND-CP of December 22, 1999 promulgating the Regulation on
Organization and Operation of the Social Funds and Charity Funds;
In order to enhance the financial management work and encourage the voluntary
contribution by organizations and individuals to the social funds and charity
funds;
At the proposals of the head of the Department for Financial Policies and the
director of the Finance Ministry’s Office,
DECIDES:
Article 1.- To promulgate
together with this Decision the Regulation on financial management of the
social funds and charity funds.
Article 2.- This Decision takes
effect 15 days after its signing.
Article 3.- The chairmen of the
management councils and directors of the social funds and charity funds shall
have to implement this Decision.
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FOR THE FINANCE MINISTER
VICE MINISTER
Tran Van Ta
REGULATION
ON FINANCIAL MANAGEMENT OF THE SOCIAL FUNDS
AND CHARITY FUNDS
(Promulgated
together with Decision No.56/2000/QD-BTC of April 19, 2000)
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of application
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Article 2.- Operation principles
The funds operate for non-profit
purposes according to the principles of self-financing on the basis of
mobilizing financial support and voluntary contribution from domestic and
foreign organizations and individuals, with a view to supporting humanitarian
and charity activities and encouraging the cultural, sport, scientific and
social development.
The funds shall cover their own
expenses for social and charity activities and take self-responsibility with
their own properties, without the State budget capital sources.
The funds have the legal person
status, are allowed to open accounts at banks or State treasuries and take
responsibility before law for their activities.
The funds shall have to make
public the situation of capital mobilization, management and use as prescribed
by the Prime Minister’s
Decision No.225/1998/QD-TTg of November 20, 1998 promulgating the Regulation on
financial publicity applicable to the State budget of all levels,
budget-drafting units, State enterprises and funds with revenues from people’s contributions, as
well as by the Finance Ministry’s
Circular No.29/1999/TT-BTC of March 19, 1999 guiding the financial publicity
for funds with revenues from people’s
contributions.
Chapter II
REVENUES, USE AND MANAGEMENT OF THE FUNDS
Article 3.- The funds shall have
the following revenue sources:
- Money and properties
voluntarily contributed and donated by domestic and foreign organizations and
individuals to the funds in accordance with the provisions of law.
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- The deposit interests and
other lawful revenues (if any).
Article 4.- Use of funds
The funds shall be used for the
following purposes:
a/ To provide direct and
non-refundable financial support for activities in conformity with the funds’ charters. More
concretely:
- To provide financial support
for programs and projects for humanitarian or charity purposes, promoting the
cultural, sport, scientific and social development;
- To provide financial support
for organizations and individuals’
activities which conform to the funds’
purposes and guiding principles;
- To provide financial support
under authorization of organizations and individuals and implement the
financial-support projects with addresses. The funds shall have to strictly
comply with the authorization of donating organizations and individuals as well
as the provisions of law.
b/ To spend on the fund
management activities, which must not exceed 5% of the total funds’ revenues.
The use of funds shall be
decided by their directors on the basis of operation orientations and tasks
already approved by the funds’
management councils. The funds must not be used for other activities contrary
to their guiding principles and purposes.
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- The expense for wages
(allowances and subsidies, if any) for the fund management apparatus.
- The expense for renting
working offices.
- The expense for the
procurement and repair of fixed assets in service of the funds� activities.
- The expense for office
supplies.
- The expense for the payment of
public service charges (electricity, water, fuel, sanitation and environment
charges).
- The other expenses related to
the funds’
activities.
The fund management councils
shall have to issue concrete regulations on the fund management and use and
elaborate norms of expenses for the funds’ activities. The total expenditure on the fund
management activities must not exceed 5% of the total revenues of a fund in a
year. Where a fund’s
revenue in a year falls too short, the fund management council shall decide the
minimum expense level for the fund management activities but must ensure that
the total expenses therefor in three consecutive years do not exceed 5% of the
total fund’s
revenues.
Article 6.- Responsibilities of
the funds in accounting and financial management work:
- The funds shall have to organize
the accounting and statistical work in strict compliance with the provisions of
the Ordinance on Accounting and Statistics; and abide by the regimes and
regulations on accounting vouchers and invoices.
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- To elaborate and send fully
and on time the annual financial statements and final account settlement
reports to the finance agencies of the level competent to permit the
establishment of the funds.
- To submit to the examination
and inspection of the funds’
revenues, management and use by the fund-managing finance agencies. To supply
necessary information for the State’s
functional management agencies when so requested under the provisions of law.
- The fund control boards shall
have to inspect and supervise the funds’ activities and report on the funds’ financial situation
to the fund management councils.
- The fund management councils
shall have to manage the funds’
activities, approve the financial plans and examine the funds’ final account
settlement reports.
- The standing bodies of the
fund management councils and the fund directors shall have to make public the
following contents:
+ The lists and levels of
contributions and donations by organizations and individuals to the funds.
+ The funds’ quarterly financial
statements and annual final account settlement reports made according to each
revenue-expenditure content.
Article 7.- Chief accountants of
the funds
The person assigned to take
charge of a fund’s
accounting work shall have to assist the fund director to organize and direct
the carrying out of all the fund’s
accounting and statistical work.
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The persons assigned tasks of
chief accountants of the funds shall have to fully satisfy the following
criteria:
+ Having good moral qualities,
being incorruptible and honest.
+ For a fund set up by decision
of the president of the People’s
Committee of the province or centrally-run city, the chief accountant must have
the university degree on economics or finance, have accounting expertise
knowledge and have been working as accountant for at least 2 years.
+ For a fund set up by decision
of the president of the People’s
Committee of the district, provincial capital or town, the chief accountant
must have been trained in economics or finance and working as accountant for at
least 1 year.
The appointment, dismissal and
transfer of persons assigned the task of taking charge the funds’ accountancy shall
be decided by the fund management councils at the proposal of the fund
directors. In case of the funds’
merger, consolidation, division, splitting or dissolution or his/her transfer
to other job, the fund’s
chief accountant must complete the final account settlement before taking up
the new job and still have to be answerable for accounting data and reports in
the period of his/her charge till the complete hand-over of the work to another
person.
Chapter III
HANDLING OF PROPERTIES OF FUNDS BEING SUSPENDED FROM OPERATION, MERGED,
CONSOLIDATED, DIVIDED, SPLIT UP OR DISSOLVED
Article 8.- Where a fund is
merged, consolidated, divided or split up under the permission of the competent
State agency, all its money and properties must be inventoried accurately and
promptly before the merger, consolidation, division or splitting. It is
strictly prohibited to distribute the fund’s properties.
The money and properties of a
newly-merged or -consolidated fund must be equal to the total sum of money and
properties of all the funds before the merger or consolidation.
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Article 9.- In case of a fund’s dissolution, it is
strictly prohibited to distribute its properties. All the fund’s money and
properties must be, first of all, used for the payment of the State-owed debts
(if any). After the payment of debts and dissolution expenses, the remaining
money amount shall be remitted to the State budget of the level that has
permitted the establishment of the fund.
Article 10.- In case of
suspension of operations of a fund, the fund’s properties shall be dealt with as in case of the
fund dissolution stipulated in Article 9 of this Regulation.