THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
145/2000/QD-TTg
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Hanoi,
December 19, 2000
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DECISION
ISSUING THE REGULATION ON FINANCIAL MANAGEMENT AT THE
VIETNAM DEPOSIT INSURANCE
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Government’s Decree No. 89/1999/ND-CP of September 1, 1999 on
deposit insurance;
Pursuant to the Prime Minister’s Decision No. 218/1999/QD-TTg of November 11,
1999 on the setting up of the Vietnam Deposit Insurance;
At the proposals of the Minister of Finance and the Vietnam State Bank Governor,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on financial management at the
Vietnam Deposit Insurance.
Article 2.- This
Decision takes effect 15 days after its signing. Financial collection and
spending activities carried out by the Vietnam Deposit Insurance before the
effective date of this Decision shall be regulated by the Regulation issued
together with the Decision.
Article 3.- To assign
the Minister of Finance, the chairman of the Managing Board and the general
director of the Vietnam Deposit Insurance to organize the implementation of
this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung
REGULATION
ON FINANCIAL MANAGEMENT AT THE VIETNAM DEPOSIT INSURANCE
(Issued together with the Prime Minister’s Decision No. 145/2000/QD-TTg of December
19, 2000)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation prescribes the financial management regime for the Vietnam Deposit
Insurance which is set up, organized and operates under the Prime Minister’s Decision
No 218/1999/QD-TTg of November 9, 1999.
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Article 3.- The
Ministry of Finance shall, with its function of State management over finance,
have to guide and inspect the financial collection and spending activities of
the Vietnam Deposit Insurance.
Chapter II
CAPITAL AND ASSETS
Article 4.- Operating
capital of the Vietnam Deposit Insurance comprises
1. The charter capital of VND 1,000 billion
allocated by the State;
Where there arises a need to change the charter
capital level, the chairman of the Managing Board of the Vietnam Deposit
Insurance shall report it to the Minister of Finance and the State Bank
Governor for submission to the Prime Minister for decision.
2. Borrowed capital, when the Prime Minister so
permits.
3. Capital (if any) lawfully provided by
organizations and individuals inside and outside the country.
4. Differences as a result of the asset
re-valuation.
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6. Various funds: financial reserve fund,
development investment fund, severance reserve fund, reward fund, welfare fund.
7. Capital (if any) allocated by the State for
capital construction investment and procurement of fixed assets.
8. Other capital.
Article 5.- The
professional reserve fund shall be raised from the source of annually collected
deposit insurance premiums (after subtracting the premium amount supplemented
to the income of the Vietnam Deposit Insurance as prescribed in Article 12 of
this Regulation).
The professional reserve fund shall be used to
pay insurance to depositors when the organizations participating in the deposit
insurance fall into insolvency and terminate their operation under the
decisions by competent State bodies. Where the capital source of the Vietnam
Deposit Insurance is not enough to indemnify depositors, the Vietnam Deposit
Insurance shall report such to the Ministry of Finance and the State Bank which
shall submit the handling plan to the Prime Minister.
Article 6.-
1. The Vietnam
Deposit Insurance may use its capital to serve the activities prescribed in the
Government’s Decree No. 89/1999/ND-CP of September 1, 1999 on deposit insurance
and the Prime Minister’s Decision No. 75/2000/QD-TTg of June 28, 2000 approving
the Statute on the organization and operation of the Vietnam Deposit Insurance.
The use of the capital of the Vietnam Deposit Insurance must ensure the
principle of capital safety and development.
2. The Vietnam Deposit Insurance may procure and
invest in fixed assets in service of their activities with no more than 15% of
its charter capital. The annual investment in and procurement of fixed assets
must comply with the regulations of the State and within the approved annual
plans.
3. The Vietnam Deposit Insurance may use its
temporarily idle capital for purposes set forth in Clause 8, Article 7 of the
Prime Minister’s Decision No. 75/2000/QD-TTg of June 28, 20000.
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1. The Vietnam Deposit Insurance shall
inventory its existing assets and capital on a yearly basis; determine the
exact quantities of superfluous, lacking, unused, deteriorated assets, the
causes thereof and handling responsibilities to serve as basis for making
financial reports.
2. The Vietnam Deposit Insurance shall inventory
and re-value assets by decisions of competent State bodies.
3. The asset inventory and re-valuation must
strictly comply with law provisions. The differences being either increases or
decreases in value as a result of the asset re-valuation shall be accounted as
the capital increase or decrease of the Vietnam Deposit Insurance.
Article 8.- The Vietnam
Deposit Insurance shall make fixed asset depreciation as prescribed for State
enterprises and may use the depreciated fixed asset amounts for reinvestment in
replacing and renewing fixed assets and for other activities as prescribed by
law.
Article 9.- All asset
losses of the Vietnam Deposit Insurance (except losses falling under its
deposit insurance commitments) must be recorded in writing so as to determine
the extent, causes, responsibility and shall be handled according to the
following principles:
1. If the asset loss is caused subjectively by
organizations or individuals, the loss-causing subjects shall have to pay
compensation according to law provisions. The Managing Board or the general
director of the Vietnam Deposit Insurance shall decide on the compensation
level and take responsibility for their decisions.
2. Insured assets shall be handled according to
the insurance policy.
3. If the value of lost assets, after being
recovered and offset by compensation money of individuals, organizations or
insurance organizations, remain inadequate, it shall be further offset with the
financial reserve fund. Where the financial reserve fund is still not enough to
offset the loss, the deficient amount shall be accounted into expenses.
4. For losses incurred due to natural calamities
or objective causes, thus causing serious damage; losses due to the
irrecoverability of loans, guaranteed debts and re-purchased debts under the
designation of the Prime Minister, if the financial reserve fund is still not
enough to offset them, the Managing Board and the general director shall draw
up loss-handling plans, report them to the Ministry of Finance and the State
Bank for consideration and submission to the Prime Minister for decision.
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1. The Vietnam Deposit Insurance may sell unused
assets to recover capital for use for activities with higher efficiency.
2. The Vietnam Deposit Insurance may liquidate
substandard and deteriorated assets, assets that are irreparably damaged,
technically obsolete assets that are left unused or used inefficiently and
cannot be sold in their present conditions, to recover capital for use for
activities with more efficiency.
3. When selling or liquidating assets, the
Vietnam Deposit Insurance must set up a council to assess their real technical
conditions, evaluate their value and hold auctions for cases where auctions are
required by law.
4. The difference between the proceeds from the
liquidation or sale of assets and the residual value of the liquidated or sold
assets plus the liquidation or sale expenses shall be accounted into the
operating results of the Vietnam Deposit Insurance.
Article 11.-
Liquidation of assets of bankrupt deposit insurance-participating organizations
1. The liquidation of assets of bankrupt deposit
insurance-participating organizations shall comply with law provisions.
2. The proceeds collected by the Vietnam Deposit
Insurance from the liquidation of assets of deposit insurance-participating
organizations shall be used in the following order:
a/ Repayment of amounts lent as support and
guarantee by the Vietnam Deposit Insurance to these organizations;
b/ The remainder (if any) shall be added to the
professional reserve fund.
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REVENUES AND EXPENDITURES
Article 12.- Revenues
of the Vietnam Deposit Insurance are revenues actually collected in the year,
including:
1. Revenues from professional deposit insurance
activities:
a/ For the first three years of operation, the
Vietnam Deposit Insurance shall account 12% of the total amount of premiums
collected from deposit-insurance-participating organizations into its income.
After three years, if the revenue source of the Vietnam Deposit Insurance still
meets with objective difficulties, the Ministry of Finance shall be assigned to
consider and handle such cases;
b/ Interests on loans in support of payment of
insured deposits;
c/ Charges collected from the guaranty service
in cases where the Vietnam Deposit Insurance provide guaranty for
insurance-participating organizations to borrow special loans to pay insured
deposits;
d/ Profits earned from debt re-purchase;
e/ Fines collected from deposit
insurance-participating organizations which fail to keep the premium-payment
deadline as prescribed.
2. Revenues from financial operations:
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b/ Deposit interests.
3. Revenues from other activities:
a/ Proceeds from liquidation and sale of assets
(all the money earned from the liquidation and sale of assets).
b/ Charges collected from the consultancy and
personnel training services provided to deposit insurance-participating
organizations;
c/ Other revenues.
Article 13.- Expenditures
of the Vietnam Deposit Insurance are expenditures actually made in the year,
including:
1. Expenditures for deposit insurance
activities:
a/ Payment of loan interests;
b/ Payment of settlement and entrustment service
charges ;
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2. Payments to employees:
a/ Salaries, wages and wage-based allowances
payable to laborers according to the prescribed regime;
b/ Allowances paid to Managing Board and Control
Board members who work on a part-time basis;
c/ Payment of mid-shift meals for employees and
officials, the amount paid to each person must not exceed the minimum salary
prescribed by the State for State employees;
d/ Payment to women laborers according to the
prescribed regime;
e/ Payment of reception dresses, labor
protection clothes as prescribed;
f/ Payment of job severance allowances to
laborers according to the prescribed regime;
g/ Payment of hardships allowances as
prescribed;
3. Payment of social and health insurance,
payment of trade union fee, and other contributions according to the prescribed
regime;
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5. Expenses for managerial activities:
a/ Expenses for office supplies;
b/ Payment of postal, communication, telegraphic
charges, payment for hired communication channels, telex, fax,…
made according to invoices issued by the post offices;
c/ Expenses for electricity, water, health
services, office and environmental sanitation;
d/ Expenses for petrol and gasoline;
e/ Payment of allowances to employees and
officials on working trips inside and outside the country;
f/ Expenses for receptions, ceremonies,
meetings, propagation, advertisement. These expenses must not exceed 7% of the
total annual expenditure in the first two years of establishment, and 5% in the
subsequent years;
g/ Expenses for professional training and
fostering, scientific and technological research;
h/ Expenses for hiring of national and foreign
specialists (if any);
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j/ Payment of fines for breaches of economic
contracts due to objective and force majeure causes;
k/ Other managerial expenses as prescribed.
The expenses in Clause 5 of this Article shall
comply with the norms set by the Ministry of Finance, suited to the
characteristics of the Vietnam Deposit Insurance’s activities.
3. Expenditures on assets:
a/ Expenses for fixed asset depreciation as
prescribed for State enterprises;
b/ Expenses for purchase of property insurance;
c/ Expenses for purchase of labor tools;
d/ Expenses for asset maintenance and repair;
e/ Expenses for asset renting under
asset-renting contracts between the lessors and the Vietnam Deposit Insurance;
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g/ Expenses for property losses after being
offset by various sources according to the prescribed regime.
7. Payment of taxes, charges and fees.
8. Rewards to outside individuals and units that
have made contributions to the operation of the Vietnam Deposit Insurance. The
reward levels shall be prescribed by the Ministry of Finance.
9. Other expenses.
Article 14.- The
Vietnam Deposit Insurance shall account its incomes and expenditures according
to the regulations, observe all regulations on the regime of accountancy
invoices and vouchers and take responsibility before law for the accuracy of
its revenues and expenditures.
Article 15.- The
Vietnam Deposit Insurance must not account into their expenditures the
following amounts:
1. Damage for which the Government has provided
support or the insurer or the damage-causing party has compensated.
2. Payment of fines for administrative
violations, interests on debts left overdue for subjective reasons, fines for
breaches of financial regimes.
3. Fines paid by collectives and individuals for
law-breaking acts committed while they are on official duty;
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5. Expenses covered by other funding sources:
public service expenses, welfare rewards, and expenses covered by other funding
sources;
6. Other improper expenses.
Chapter IV
FINANCIAL REVENUES -
EXPENDITURE DIFFERENCE AND DEDUCTIONS FOR SETTING UP VARIOUS FUNDS
Article 16.- The financial
revenue - expenditure difference recorded in the year is the result of
financial activities of the Vietnam Deposit Insurance, which is determined as
the difference between the total revenue and the total proper expenditure
arising in the year.
Article 17.- Handling
of the annual financial revenue - expenditure difference:
1. If the revenue is larger than the
expenditure:
a/ Offsetting differences in the previous years
when revenues were smaller than expenditures;
b/ Subtracting amounts of fine paid for law
violations falling under the responsibility of the Vietnam Deposit Insurance;
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- 10% shall be deducted for the financial
reserve fund. When the balance of the financial reserve fund is equal to 25% of
the charter capital, no more deduction shall be made;
- 50% shall be deducted for the development
investment fund;
- 5% shall be deducted for the job loss
allowance reserve fund. When the balance of this fund is equal to six months’ paid
salaries of the Vietnam Deposit Insurance, no more deduction shall be made;
- Making deductions for setting up the reward
and welfare funds. The level of deductions made for these two funds shall be as
prescribed for State enterprises. The rate of deduction for these two funds
shall be decided by the Managing Board of the Vietnam Deposit Insurance.
- The remaining amount shall be added to the
development investment fund.
2. If the revenue is smaller than the
expenditure:
The Vietnam Deposit Insurance may use the
financial reserve fund to offset the difference when the revenue is smaller
than the expenditure; where the credit balance of the financial reserve fund is
not enough to offset the deficit, such deficit may be further offset in the
subsequent years.
Article 18.- Principles
for the use of funds
1. The financial reserve fund shall be used to:
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b/ Offset the remaining part of the property
damage or loss occurring in the process of operation after being made up for by
compensation money paid by the loss-causing organizations or individuals and
the insurer;
c/ Offset investment risks and financial
supports for deposit insurance-participating organizations falling into
insolvency.
2. The development investment fund shall be used
to:
a/ Make investment in expanding the operation
scope and renewing technologies and equipment to improve the working conditions
of the Vietnam Deposit Insurance;
Basing itself on the annual capital construction
plans, investment demands and the funds capability, the Managing Board of the
Vietnam Deposit Insurance shall decide on the investment forms and methods on
the principles of capital efficiency, safety and development;
b/ Make investment in valuable papers according
to law provisions.
3. The job loss allowance reserve fund shall be
used to provide allowances, as prescribed by law, to laborers who have worked
at the Vietnam Deposit Insurance for one year or more before temporarily losing
their jobs; to pay for professional and technical re-training for laborers as a
result of technological renewal or transfer to new jobs, training in sideline
jobs for female laborers of the Vietnam Deposit Insurance, and fostering to
raise the professional qualifications of officials and employees working at the
Vietnam Deposit Insurance.
4. The reward fund shall be used to:
a/ Reward at the yearend or regularly officials
and employees. The reward levels shall be decided by the chairman of the
Managing Board of the Vietnam Deposit Insurance at the proposals of the general
director and the trade union on the basis of the productivity and work
achievements of each official and employee in the Vietnam Deposit Insurance;
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5. The welfare fund shall be used to:
a/ Make investment in building or repairing, and
supplement capital for building welfare facilities of the Vietnam Deposit
Insurance;
b/ Pay for public sport, cultural and welfare
activities of the collective of officials and employees of the Vietnam Deposit
Insurance;
c/ Pay for other welfare activities. The general
director of the Vietnam Deposit Insurance shall coordinate with the trade unions
executive committee in managing and using this fund.
Chapter V
ACCOUNTING, STATISTICAL AND AUDITING REGIMES AND
FINANCIAL PLANS
Article 19.-
1. The Vietnam
Deposit Insurance must abide by the current regime on accounting and statistics
and the guiding documents of the Ministry of Finance.
2. The fiscal year of the Vietnam Deposit
Insurance commences on the 1st of January and ends on the 31st of December of
the calendar year.
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Article 21.- Periodically
(quarterly and annually) the Vietnam Deposit Insurance shall have to draw up
and send professional reports, statistical reports, accounting reports,
financial reports, and other periodical and irregular reports as prescribed by
the Ministry of Finance and the General Department of Statistics.
1. The report on final settlement of the annual
revenues and expenditures of the Vietnam Deposit Insurance must be approved by
the Managing Board and sent to the Ministry of Finance within 45 days after the
end of the fiscal year.
2. Each year, on the basis of the final financial
settlement report of the Vietnam Deposit Insurance, the Ministry of Finance
shall conduct the financial examination and inspection according to its
function as a State management body.
Article 22.- The
Vietnam Deposit Insurance shall implement the internal audit regime according
to current regulations.
Article
23.- Any amendments and supplements to this Regulation shall be proposed by
the Vietnam Deposit Insurance to the Ministry of Finance for consideration and
submission to the Prime Minister for decision.