THE
MINISTRY OF FINANCE
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
No.
108/2007/TT-BTC
|
Hanoi,
September 7, 2007
|
CIRCULAR
GUIDING THE FINANCIAL MANAGEMENT MECHANISM APPLICABLE TO ODA
PROGRAMS AND PROJECTS
Pursuant to the Governments
Decree No. 131/2006/ND-CP of November 9, 2006, promulgating the Regulation on
management and use of official development assistance (ODA) sources;
Pursuant to the Governments Decree No. 134/2005/ND-CP of November 1, 2005,
promulgating the Regulation on management of foreign loans and debt payment;
Pursuant to the Governments Decree No. 60/2003/ND-CP of June 6, 2003, detailing
and guiding the implementation of the State Budget Law;
Pursuant to the Governments Decree No. 77/ 2003/ND-CP of July 1, 2003, defining
the function, tasks and powers of the Ministry of Finance.
The Ministry of Finance guides the financial management applicable to ODA
programs and projects as follows:
Part 1
GENERAL PROVISIONS
I. SCOPE OF
APPLICATION
1. This Circular applies to the
preparation and implementation of programs and projects (below referred to as
projects for short) financed with concessional ODA loans; non-refundable ODA
(non-refundable aid) and mixed ODA loans.
2. For a number of particular
ODA projects, depending on the management requirements and at the request of
project-managing agencies, the Ministry of Finance may issue specific guidance
applicable separately to these projects.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
II.
MANAGEMENT PRINCIPLES:
1. ODA capital sources invested
in projects are state budget capital sources, which must be fully accounted
into the budget, managed and used under the provisions of the State Budget Law
and the existing documents guiding the implementation of the Law.
2. The Ministry of Finance shall
perform the function of state financial management of ODA projects according to
current regulations.
3. Project managers and project
owners shall take responsibility before law for the implementation of projects
in strict accordance with the commitments in international treaties, state
regulations on implementation of programs and projects, financial management,
and regimes of financial plan formulation, accounting, auditing, final settlement,
project asset management and reporting according to current state regulations
and the provisions of this Circular.
III. DOMESTIC
FINANCIAL MECHANISMS APPLICABLE TO ODA-FUNDED PROJECTS
1. Project owners and managing
agencies, when making ODA-calling lists, must propose domestic financial
mechanisms (allocation from the state budget, re-lending from the state budget
or partial allocation and partial re-lending from the state budget) to the
Ministry of Planning and Investment which shall, together with the Ministry of
Finance, submit them to the Prime Minister for approval in strict accordance
with the provisions of Decree No. 131/2006/ND-CP.
2. After the Ministry of
Planning and Investment informs the official financing list, competent
agencies, managing agencies and project owners shall elaborate and approve
documents on ODA programs and projects. In relation to financial issues,
project documents and project approval decisions should clearly state:
a/ Domestic financial mechanisms
applicable to the use of ODA capital sources invested in projects (allocation
from the state budget, re-lending from the state budget, or partial allocation
or partial re-lending from the state budget with regard to ODA capital
sources).
b/ The nature of project capital
use (capital construction projects, non-business administrative projects;
re-lent loan/credit projects; or mixed projects).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. For projects subject to the
mechanism of re-lending from the state budget, project documents and project
approval decisions should clearly identify the re-lending conditions according
to the Governments Regulation on re-lending of foreign loans. Otherwise,
project- managing agencies shall obtain written agreement from the Ministry of
Finance before approving the projects.
4. For projects with specific
designing contents somewhat inconsistent with contents of the detailed outlines
already submitted together with the proposed lists of projects, before
approving the projects, project-managing agencies shall report to the Ministry
of Planning and Investment and the Ministry of Finance for further submission
to the Prime Minister on domestic financial mechanisms applicable to the
projects.
5. Domestic financial mechanisms
on the use of ODA capital sources for projects are as follows:
a/ ODA projects entitled to
budget allocation are investment projects on public infrastructure, social
welfare and projects in other domains which are incapable of directly
recovering capital and entitled to state budget funds under the provisions of
the State Budget Law, including cases in which local budgets are re-lent
foreign loans from the central budget for allocation to projects. They are
allocated ODA capital under the state budget capital allocation mechanism.
Contributed domestic capital for
projects entitled to budget allocation is provided from the state budget
(central or local) and included in annual slate budget estimates according to
capital construction or non-business and administrative capital sources
corresponding to spending contents of projects.
b/ ODA projects entitled to full
or partial re-lending are those which can fully or partially recover capital,
including credit projects. They comply with the mechanism of full re-lending,
partial re-lending or partial allocation of ODA capital, depending on the
projects capability to refund the capital.
The specific conditions on
re-lending of ODA capital sources (full re-lending or partial re-lending,
recipients of re-lent loans, re-lent loan currency, re-lent loan value,
re-lending duration, re-lending interest rates, charges under regulations of
donors, domestic sub-lending charges, etc.) shall be identified in the course
of preparing, appraising and approving the projects according to the
Governments Regulation on re-lending foreign loans and/or agreements with
donors.
Owners of ODA projects entitled
to full re-lending and owners of ODA projects entitled to partial allocation or
partial re-lending shall themselves fully arrange contributed domestic capital
amounts and, at the same time, explain the capability and plans to ensure
adequate contributed domestic capital before signing re-lending contracts.
Re-lent ODA loan project owners
shall prepare and send to concerned agencies (the Ministry of Finance and
sub-lending agencies) project dossiers including the projects financial plans
in accordance with current regulations on re-lending of the Governments foreign
loans.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Capital construction
projects, which are investment projects related to the construction, expansion or
renovation of construction works for the purposes of development, maintenance
and quality improvement of works or their accompanied services and equipment;
b/ Non-business administrative
projects, which are investment projects with spending contents being of
non-business administrative nature as specified in the state budget
classification;
c/ Mixed projects involving
capital construction, non-business administrative and re-lending contents,
which are combined projects with at least two of three spending contents,
namely, capital construction, non-business administrative and re-lending nature
(including re-lent loan to credit projects or credit components).
For mixed projects, project
owners should clearly identify their components or spending contents belonging
to the sources of capital construction capital and non-business administrative
capital. In special cases, if the projects spending contents are of mixed
nature but the project owners wish to apply one spending nature only, either
capital construction or non-business administrative, they shall give explicit
explanations in the course of project preparation and submission for approval.
7. Responsibilities to arrange
domestic contributed capital are clearly determined in both content and level
according to the following principles:
a/ The central budget shall
arrange domestic capital contributed to projects or project components falling
under the spending tasks of the central budget (according to Article 31 of the
2002 State Budget Law), which is directly managed and implemented by central
agencies that are owners of projects/project components.
b/ Local budgets shall arrange
domestic capital contributed to projects or project components falling under
the spending tasks of local budgets (according to Article 33 of the 2002 State
Budget Law), which is directly managed and implemented by local agencies that
are owners of projects/project components;
c/ Enterprises and banks/credit
organizations shall arrange domestic capital contributed to projects or project
components with owners being enterprises, banks or credit institutions;
d/ Beneficiaries shall
contribute domestic capital portions (in cash, kind or labor) as designed by
the projects.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ ODA capital sources of
programs and projects accompanied with policy frameworks and budgetary supports
constitute sources of capital directly supported for the state budget, which
are used for common national socio-economic development goals or specific
objectives of the state budget as agreed with donors. The use of these ODA
capital sources must fully comply with the State Budget Laws provisions on expenditure
management, without being subject to donors regulations on spending procedures
(unless it is so provided for in the financing agreement).
b/ For target programs or budget
supports, program owners shall consult the Ministry of Planning and Investment,
the Ministry of Finance and concerned agencies on specific mechanisms for the
use of ODA capital sources of the programs or budget supports and submit them
to the Prime Minister for decision.
IV. FINANCIAL
PLANS OF ODA PROJECTS
1. Principles for making of
financial plans for ODA projects:
Financial plan mean an
investment capital plan (for capital construction projects) or non-business
administrative capital plan (for non-business administrative projects) or
credit lending plan (for credit projects). A financial plan covers plans on ODA
capital (loan, non-refundable aid capital, classified by donor country or
organization), domestic contributed capital (central budget capital, local
budget capital, investors own capital, contributed capital of project beneficiaries,
capital sources from VAT refund (if any) and other capital sources as
prescribed by Vietnamese law).
For mixed capital construction
and non-business administrative projects, project owners shall make and submit
for approval specific financial plans for every spending content of the
projects.
For projects involving many
owners, every project owner shall make a financial plan for the project
component he/she/it implements. When a project involves many owners and one
agency coordinating project implementation, such coordinating agency shall make
a financial plan for its activities and, at the same time, sum up a general
financial plan of the entire project.
Project-managing agencies shall
prioritize the arrangement of domestic contributed capital in their annual
budget estimates with a view to realizing the commitments in international
treaties on ODA and according to the actual annual capital- disbursing
capability of ODA projects.
The projects annual financial
plans must express the spending contents detailed by project component and
activity, and source of capital: donated capital, domestic contributed capital,
contributed capital of beneficiaries and credit capital (if any), and must be
enclosed with reports clearly explaining the basis and grounds for calculation
of every expenditure.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The form of annual financial
plan of ODA projects is included in Appendix 1 (not printed herein).
2. Making of financial plans for
budget-allocated projects
a/ Annually, at the time of
elaborating, submitting, examining and approving state budget estimates under
current regulations, project owners shall base on the project implementation
progress to make investment capital plans for the projects (for capital
construction investment projects) or non-business administrative capital plans
(for non-business administrative projects) and send them to their managing
ministries (if projects are centrally managed) or provincial/ municipal Peoples
Committees (if projects are locally managed) for inclusion in general budgetary
plans of ministries or provinces, which will be sent to the Ministry of Finance
and the Ministry of Planning and Investment for synthesis into the state budget
to be submitted to the Government and the National Assembly for approval.
b/ The process of approving,
allocating and notifying investment capital plans and non-business
administrative capital plans for projects must strictly comply with current
domestic regulations on state budget formulation and implementation. Decisions
of managing ministries or provincial/municipal Peoples Committees on investment
capital or non-business administrative capital plans for projects must be addressed
to the Finance Ministry/provincial/municipal Finance Services and state
treasuries in charge of controlling expenditures.
c/ For ODA projects on which
international treaties have been signed but not yet taken effect or have
already taken effect but domestic investment procedures have not yet been
completed, project-managing agencies shall report such to the Ministry of
Planning and Investment and the Ministry of Finance (within the budget
estimation duration) for arrangement in capital construction expenditure or
non-business administrative expenditure reserves and submit them to competent
authorities for decision (if the central budget is responsible for arrangement
of domestic contributed capital) or project owners shall report such to the
project-managing agencies (within the budget estimation duration) for
arrangement in local budget reserves and submit them to competent authorities
for decision (if the local budget is responsible for arranging domestic
contributed capital).
d/ For projects arising after
budget plans are elaborated, project-managing agencies shall prepare additional
plans at the time of supplementation of annual budget plans or report them to
the Ministry of Planning and Investment and the Ministry of Finance for
handling on a case-by-case basis.
3. Making of financial plans for
re-lending projects and credit projects
Annually, at the time of
elaborating, submitting, examining and approving state budget estimates under
current regulations, project owners shall make annual financial plans for the
projects, clearly stating sources of ODA capital and domestic contributed
capital, and send them to the Ministry of Finance and the Ministry of Planning
and Investment. Project owners shall themselves arrange adequate domestic
contributed capital according to project implementation progress.
4. Making of financial plans for
combined allocation-re-lent loan projects
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
V. SERVICE
BANKS AND PROJECT ACCOUNTS
1. Service bank means a
commercial bank selected from the list of commercial banks qualified for
authorization to conduct external transactions in service of projects, which is
prepared and announced by the State Bank in coordination with the Ministry of
Finance or under the agreement between the Government and the donors in signed
international treaties.
2. Responsibilities of service
banks
The service bank, at the request
of project owners or agencies tasked to act as account holders under the
project design, shall open relevant accounts for projects and perform payment
and capital withdrawal transactions under current regulations.
The service bank shall guide and
supply projects with all information on the performance of domestic and
overseas payment transactions through the bank system.
Monthly or upon request, the
service bank shall send reports listing advanced amounts to account holders.
Monthly or upon account holders
request, the service bank shall notify account holders of interests arising on
the projects advance accounts; service charge amounts collected by the service
bank; the difference between interest and charge; and the period-start and
period-end balances.
Within 2 working days after the
receipt of notices on amounts withdrawn from foreign banks, the service bank
shall credit the projects accounts and notify the project owners thereof.
3. ODA capital accounts
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Project owners or agencies
tasked to act as account holders under the project designs shall open
transaction accounts; advance accounts/special accounts at the service bank
according to the projects payment requirements, current domestic regulations
and the provisions of financing agreements.
Projects with various financing
sources must open separate accounts for monitoring every source of withdrawn
capital.
For projects which are
implemented by various management levels and grade-2 advance accounts are
designed under the agreement with donors, project owners at relevant levels
shall open grade-2 advance accounts at service bank branche .
The balances on advance accounts
enjoy interests at the rates set by the service bank or the rate agreed between
the service bank and the account holders. Interests arising on these accounts
constitute a state budget revenue, for projects using state budget allocations;
or a project owner revenue, for projects using loans re-lent from the state
budget.
For mixed projects involving
components using state budget allocations and components using loans re-lent
from the state budget which share an advance/special account (the time of
re-lending from the state budget is the time of withdrawing capital from the
advance/special account), interests arising on the account constitute a state
budget revenue.
Project owners shall request the
service bank to open a separate account for monitoring arising interests.
Interests arising on the advance
accounts of projects using state budget allocations can be used for payment of
service charges to the service bank. When a project is completed, the unused
arising interest amount must be remitted into the state budget. If the arising
interest cannot fully cover bank service charges, project owners shall draw up
a plan asking for domestic contributed capital for payment.
Annually, project owners shall
report to the Ministry of Finance on the use of interests arising on the
advance account balances.
b/ State treasury accounts
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Bank service charges
The service bank may collect
charges for services provided for the projects according to current regulations
on collection of charges.
Bank service charges are
accounted into total expenditures of the projects.
Part 2
EXPENDITURE CONTROL AND
DISBURSEMENT MANAGEMENT
I.
EXPENDITURE CONTROL
1. Expenditure control
principles
a/ Expenditure control aims to ensure
that project expenditures comply with agreements/project documents (spending
contents, modes of procurement and support rates must conform to the agreements
or contracts which have been duly concluded and approved, ensuring donors prior
examination, if any), and current domestic regulations on financial management.
When it is otherwise provided for by international treaties or duly approved
contracts, expenditure control and payment shall be conducted in accordance
with these international treaties or approved contracts. Then expenditure
control agencies may request competent authorities that have approved the
international treaties or contracts to re-consider the approved international
treaties or contracts.
b/ Expenditure control applies
to all spending activities of projects and is conducted by expenditure control
agencies specified in Clause 2 below, corresponding to each type of project.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ The control of dossiers of
request for payment for withdrawal of ODA projects overseas capital is not
restricted by the projects annual financial plans but must not exceed the
general financial plans of the whole projects.
d/ Pre-expenditure control means
examination and certification by expenditure control agencies of the validity of
expenditures before project management units withdraw capital for payment to
beneficiaries. Pre-expenditure control applies to all payment requests, except
for cases specified in Item e below.
dd/ Post-expenditure
control means examination and certification by expenditure control agencies of
the validity of expenditures after project management units have withdrawn
capital for payment to beneficiaries. Post-expenditure control applies to the
following cases:
- Payment from advance
accounts/special accounts, for projects with only one advance account level, or
payment from grade-1 advance accounts, for projects with many advance account
levels, based on the project owners written requests sent to the Ministry of
Finance and the expenditure control agencies.
- Direct payment to re-lent loan
projects (excluding last payments for contracts or contracts involving a
lump-sum payment, which are subject to pre-expenditure control).
- Post-expenditure control of
projects financed by JBIC complies with the instructions in Appendix 2 (not
printed herein).
2. Expenditure control agencies:
a/ State treasures at all levels
(according to the decentralization of implementation of each project) shall
control payment dossiers of projects fully entitled state budget allocations or
components entitled to state budget allocations, including credit projects
non-credit components entitled to state budget allocations.
b/ The Vietnam Development Bank
or other re-lending agencies authorized by the Ministry of Finance to re-lend
loans shall control payment dossiers of projects fully entitled to re-lent
loans.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
d/ For credit projects or credit
components in mixed projects, credit institutions receiving re-lent loans are
responsible for the expenditure control of credit lending activities and
non-credit components financed with re-lent ODA loans.
3. Expenditure control dossiers
and procedures
a/ Expenditure control dossiers
and procedures applicable to capital construction projects or capital
construction components in mixed projects (including re-lent loan projects i
must comply with the provisions of the Finance Ministrys Circular
No.27/2007/TT-BTC of April 3, 2007, guiding the management and payment of
investment capital and non-business capital of investment and construction
nature, which belong to the state budget capital source and relevant amending,
supplementing or replacing documents (if any) and the provisions of this
Circular.
b/ Expenditure control dossiers
and procedures applicable to administrative non-business projects or
administrative non-business components in mixed projects (including re-lent
loan projects) must comply with the Finance Ministrys Circular
No.79/2003/TT-BTC of August 13, 2003, guiding the regimes of management,
allocation and payment of state budget expenditures via state treasuries and
relevant amending, supplementing or replacing documents (if any) and the
provisions of this Circular.
c/ Expenditure control dossiers
and procedures applicable to credit projects or credit components of projects
must comply with the regulations of credit institutions using re-lent ODA loans
and the provisions of financing agreements and projects. Re-lent ODA loan-using
credit institutions shall take responsibility before law for the validity and
regularity of credit loans and non-credit expenditures in the lists of
expenditures sent to the Ministry of Finance together with their written
requests for overseas capital withdrawal.
d/ In addition to the dossiers
specified at Points a, b and c above, the following should be added:
- The international treaty on
ODA signed between Vietnam and the donor and other relevant project documents
(copies signed and scaled by copying units).
- Documents related to the
projects financing rate (adjustments, supplements, written instructions of
competent authorities or central project management units, non-objection
letters of donors...).
- When a group-A project comprises
many component projects or sub-projects, which can be operated independently or
phased for investment as stated in the written approvals of competent
authorities (investment decisions), the dossiers sent to expenditure control
agencies are total estimates of component projects or sub-projects, but not
total estimates of the whole projects.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
e/ Where projects owners opt to
sign package contracts (package prices for the whole contract or for a
contractual job), payment control shall be conducted upon request of project
owners, in accordance w ith
the contract performance progress and payment conditions indicated in the
signed contracts already approved by competent authorities. Expenditure control
agencies may not request project owners to supply specific expenditure
documents related to the payment at such package prices.
4. Expenditure control
certification
a/ After controlling
expenditures, expenditure control agencies shall give certification in the
written requests for investment capital payment (for capital construction
projects/components) according to the Finance Ministrys Circular
No.27/2007/TT-BTC of April 3, 2007, guiding the management and payment of
investment capital and non-business capital of investment and construction
nature, which belong to the state budget capital source or in the written
requests for certification of ODA capital advance/payment (for non-business
administrative projects/components according to the value of currency indicated
in the signed contracts.
The form of written request for
certification of ODA capital advance/payment is included in Appendix 3 (not
primed herein).
The value of requested advance
or the value of completed work volume qualified for payment, which is certified
by expenditure control agencies, must clearly identify the capital amounts to
be paid from the ODA capital source and the domestic contributed capital source
in conformity with the financing rate for each component or work.
If a contract contains a
lump-sum work volume, payment shall be made as for lump-sum contracts.
For work items or contracts
wholly financed with ODA grants, the work volume value certified by expenditure
control agencies as being qualified for payment in order to withdraw ODA
capital is the VAT-exclusive value. The VAT (if any) shall be written on a separate
line in the written requests for investment capital payment. If, under the
financing agreement or in the course of project implementation, the donors
agree in writing to provide a grant covering also VAT, the work volume value
certified by expenditure control agencies to be qualified for payment in order
to withdraw ODA capital is the VAT-inclusive value.
For work items or contracts with
ODA grants accounting for less than 100%, the total work value certified by
expenditure control agencies as being qualified for payment is the
VAT-inclusive value, on which the value of ODA grants can be calculated and
determined according to the financing rate indicated in the financing
agreement.
In case the contracting parties
comply with FIDIC-compiled guidelines, if the arising volume is below 10% of
the bidding package value and its cost estimate is not yet approved by
competent authorities, expenditure control agencies may give certification
according to the requests of project owners with the certification of
supervision consultants; if the arising value is above 10% of the bidding
package value and its cost estimate is not yet approved by competent
authorities, expenditure control agencies may certify 80% of the arising volume
value.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Expenditure control agencies
shall control expenditures or refuse to make payment within 5 working days
after the receipt of complete and valid payment dossiers and documents.
II.
DOMESTIC CONTRIBUTED CAPITAL PAYMENT
1. For state budget-allocated
projects or components: Based on expenditure control results certified on the
written requests for investment capital payment, state treasuries at all levels
shall pay domestic contributed capital amounts allocated to the projects from
the state budget in accordance with the approved annual domestic contributed
capital plans.
2. For re-lent loan projects,
credit projects or mixed allocation- re-lent loan/credit projects:
Enterprises/credit institutions shall pay domestic contributed capital amounts
to projects in proportion to the capital amounts falling under their domestic
contributed capital arrangement responsibility.
3. For projects with project
beneficiaries contributions: Project owners shall themsehes organize the
collection and payment of project beneficiaries contributions in accordance
with the provisions or agreements in the financing agreements and current
domestic regulations (if any).
III.
REGULATIONS ON ODA CAPITAL DISBURSEMENT AND PAYMENT APPLICABLE TO PROJECTS
1. Forms of capital disbursement
applicable to projects
Depending on the provisions of
financing treaties or agreements and each payment request, the ODA capital
withdrawal and payment by mode of project financing shall be effected in one or
a number of the following forms: capital withdrawal for direct payment/ or
money transfer, capital withdrawal for payment in the form of letter of
commitment/or special commitment, capital withdrawal for capital recovery,
retrospective capital withdrawal, payment via special accounts/advance accounts
and a number of other special forms of capital withdrawal under separate
agreements with donors.
For projects financed by JBIC,
capital disbursement for payment must comply with Appendix 2 (not printed
herein).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Project management units shall
send preliminary dossiers for use as grounds for ODA capital management to the
Ministry of Finance (the External Finance Department). Such a dossier comprises
the following documents:
- The project investment
decision of a competent authority;
- The ODA international treaty
signed between Vietnam and the donor and other relevant project documents
(except for international treaties directly concluded by the Ministry of
Finance);
- The annual financial plan
already approved by a competent authority;
- The re-lending agreement
between the investor and the authorized re-lending agency (in case of re-lent
loan projects);
- A competent authoritys
decision recognizing the contract winner (or contractor appointment decision);
- The contract (engineering,
procurement, consultancy,etc.,)
between the investor and the contractor or the approved expenditure estimate
(if spending is no effected on a contractual basis), in case the Ministry of
Finance is obliged to supply contracts to donors.
- Where contracts require prior
opinions of donors, there should also be no objection opinion of the donor;
- Performance guarantee of the
contractors bank;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Dossiers for capital withdrawal
from the second time on are specified for each form of capital withdrawal
below;
3. Direct payment/money transfer
procedures:
a/ Direct payment/or money
transfer is a form of payment thereby at the borrowers request, the donor shall
transfer money for direct payment to contractors/goods or services suppliers.
When wishing to withdraw capital
for payment according to direct payment/money transfer procedures, project
management units shall send the following documents to the Ministry of Finance
(the External Finance Department):
- Written request for capital
withdrawal, enclosed with a capital withdrawal application and lists, made
according to set forms, and necessary documents as required by the donor;
- Invoice/ payment requests of contractors;
- Written request (original) for
payment with the certification of the expenditure control agency, for cases of
application of pre-expenditure control procedures;
- In special cases, the Ministry
of Finance may request project management units to supply additional documents
proving the validity of capital withdrawal.
Within 5 working days after the
receipt or complete and valid dossiers, the Ministry of Finance (the External
Finance Department) shall consider and sign or agree with the capital withdrawal
applications to be sent to donors for consideration; if the donors accept,
money shall be transferred directly into contractors accounts.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
On the basis of commercial
contracts signed and approved under current regulations, project management
units shall send to the Ministry of Finance (the External Finance Department)
written requests for capital withdrawal and relevant dossiers.
Within 5 working days after the
receipt of complete and valid dossiers, the Ministry of Finance (the External
Finance Department) shall consider and send the irrevocable letter of capital
withdrawal authorization to agencies authorized by donors to manage the capital
withdrawal for payment to contractors/suppliers/consultants according to the
contracts.
4. Procedural letters of
commitment/special commitment
The procedures for payment
through letters of commitment constitute a payment form thereby at the
borrowers request, the donor issues an irrevocable letter of commitment/or
special commitment ensuring payment to commercial banks, for payments already
made or to be made to suppliers under a letter of credit (L/C).
When wishing to withdraw capital
for payment according to the procedures of letter of commitment/or special
commitment, project management units shall send to the Ministry of Finance
written requests for donors to issue letters of commitment/and applications for
issuance of letter of commitment (capital withdrawal applications) according to
the form set by donors (if necessary) together with lists, made according to
forms set by donors, and a draft L/C or a copy of the opened L/C.
Within 5 working days after the
receipt of complete and valid dossiers, the Ministry of Finance shall consider
and sign/or agree with the capital withdrawal applications requesting donors to
issue a letter of commitment, and send notices to the service bank.
5. Procedures for payment by L/C
without letter of commitment (applicable to a number of cases where bilateral
donors authorize a bank to represent them in managing ODA capital and
concurrently act as the seller bank).
When commercial contracts
contain provisions on L/C payment without letter of commitment, project
management units shall send to the Ministry of Finance (the External Finance
Department) written request for L/C opening, enclosed with copies of the
commercial contract and relevant documents.
Within 5 working days after the
receipt of complete and valid dossiers, the Ministry of Finance shall consider
and send its opinions on L/C opening to the project management units and the
service bank, and send notices on irrevocable payment authorization to the
donors authorized banks for LC-based payment.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The capital reimbursement
procedures constitute a mode by which donors pay money from loan accounts into
the designated borrowers accounts to reimburse money amounts which the
borrower/project-implementing agency has paid from their own funds for valid
expenditures financed by loan capital.
A special case of capital
reimbursement payment procedures is retrospective payment, which is a payment
mode by which the donors pay valid expenditures of projects which arise before
the effective time of the projects and were paid by the borrowers with their
own funds. Retrospective payment applies only when there is agreement w ith
donors, and is provided for in financing agreements which clearly state the
duration for application of retrospective payment procedures and the limits of
money amounts eligible for retrospective payment.
When wishing to withdraw money
for payment according to capital reimbursement procedures, project management
units shall send to the Ministry of Finance (the External Finance Department)
the following documents:
- The capital withdrawal
request, the capital withdrawal application and the prescribed lists;
- The contractor/beneficiarys
certification of receipt of payment amounts.
- The capital withdrawal
application, which must clearly state the name and number of the account of
each unit, which has advanced the capital. For amounts advanced by the state
budget for payment, the name and number of the account of the state budget
level from which the capital amount was advanced should be clearly stated. The
name and account of the capital-advancing state budget level must be certified
by the expenditure control agency:
- The investment capital payment
request (original) with the certification of the expenditure control agency;
- In special cases, the Ministry
of Finance may request additional written explanations.
- Within 5 working days after
the receipt of complete and valid dossiers, the Ministry of Finance shall
consider and sign/agree with the capital withdrawal applications to be sent to
donors.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
7. Advance account/special
account procedures
The advance account procedures
means a form of advancing a sum of money by donors to the borrowers into their
advance accounts opened at the service bank so that the borrowers can
proactively pay valid regular expenditures of projects, reducing the number of
times asking for capital withdrawal from donors and speeding up the payment for
project activities.
Depending on the project
requirements and agreements with donors, a project may be organized after a
multi-level model with the grade-1 advance account held by the central project
management unit and the grade-2 advance account held by the local/component
project management unit (for projects managed by the central and local/branch
levels); or the grade-1 advance account held by the provincial project
management unit and the grade-2 advance account held by the district/commune
project management unit i
for projects managed by provincial and district/commune levels).
The limits of amounts advanced
by donors into grade-1 advance accounts and/or grade-2 advance accounts of
projects depend on the size, characteristics and specific spending needs of
each project. The advance account limits are usually specified in financing
agreements or letters of capital disbursement and can be adjusted in the course
of project implementation, based on the situation of project implementation and
payment demands.
7.1. First-time capital
withdrawal into advance accounts
The first-time withdrawal of
capital into advance accounts is carried out based on the advance accounts
limits (or ceiling limits) prescribed in loan agreements or aid agreements. For
ODA loan projects eligible for state budget allocation, the Ministry of Finance
may refuse the capital withdrawal equal to 100% of the limit on the basis of
taking into account the practical spending demands within three coming months
of the projects, expenses for interest payment to foreign countries and arising
interests paid by the service bank.
To withdraw capital, project
management units shall send to the Ministry of Finance (the External Finance
Department) written requests for capital withdrawal, capital withdrawal
applications and enclosed lists, made according to forms set by donors.
Within 5 working days after the
receipt of complete and valid dossiers, based on the concluded international
treaties, the Ministry of Finance (the External Finance Department) shall
consider and sign/co-sign the capital withdrawal applications to be sent to
donors.
For projects with grade-2
advance accounts, depending on the grade-2 advance accounts limits and the
practical payment demands of projects, project management units that are
grade-2 advance account holders shall request transfer of capital from grade-1
advance accounts into grade-2 advance accounts. Within 3 working days after the
receipt of requests for the first-time transfer of capital into grade-2 advance
accounts, grade-1 advance account holders shall transfer money from grade-1
advance accounts into grade-2 advance accounts.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Expenditures from advance
accounts can be made in accordance with the pre-expenditure control or
post-expenditure control process, concretely as follows:
a/ The pre-expenditure control
process means a process whereby all payments from advance accounts must be
controlled in advance by expenditure control agencies. This process applies to
projects subject to multi-level management (central,
provincial/district/commune) or particularly complicated projects and applies
to payment for lump-sum payment contracts or final payment to contracts. The
process of withdrawing capital from advance accounts is as follows:
- For projects subject to
multi-level management:
To withdraw capital from advance
accounts, local/component, district/commune project management units shall send
payment requests enclosed with the expenditure control agencys certification to
central/ provincial project management units.
Based on the requests of
local/component/district/commune project management units, central/provincial
project management units shall send payment requests enclosed with the
expenditure control agencys
certification to the service bank for capital disbursement from advance
accounts to beneficiaries.
For projects with grade-2
advance accounts, project management units that are grade-2 advance account
holders shall directly send payment requests enclosed with the expenditure control
agencys
certification to the service bank for capital disbursement from grade-2 advance
accounts for payment to beneficiaries.
- For projects subject to
single-level management:
Project management units shall
send payment requests enclosed with the expenditure control agencys certification to
the service bank for capital disbursement from advance accounts for payment to
beneficiaries.
The service bank may disburse
capital from advance accounts only when the projects payment requests are
enclosed with the expenditure control agencys payment proposal
and certification of full satisfaction of payment conditions.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Upon receipt of requests for
payment to contractors/suppliers/consultants from advance accounts, project
management units shall check the dossiers of payment request and accept
payments in strict accordance with current regulations, calculate amounts to be
paid from ODA capital sources strictly according to the rate prescribed in the
project documents, then request the service bank to deduct money from advance
accounts for payment to beneficiaries.
Within 5 working days after the
withdrawal of capital from advance accounts for payment, project management
units shall send payment dossiers and documents according to current
regulations to expenditure control agencies for expenditure control according
to current regulations. Within 5 working days, based on the results of
examination of dossiers and vouchers, expenditure control agencies shall give
certification of the value qualified for payment according to the form of
payment request (and at the same time with the payment of domestic contributed
amounts, if any).
Written payment requests with
the expenditure control agencys
certification serve as a basis for project management units to carry out
procedures for subsequent capital withdrawal for addition to advance accounts.
7.3. Addition to advance
accounts
To withdraw capital for addition
to advance accounts (grade-1), project management units shall send the
following documents to the Ministry of Finance (the External Finance
Department):
- Written request for withdrawal
of capital for addition to advance account, capital withdrawal application and
lists, made according to forms set by the donor:
- The list made by the project
management unit, listing all spending items from advance accounts, detailed by
payment date, amount in the original currency converted into the USD and VND,
the USD/ VND exchange rate, payment content, beneficiary, expenditure control
agency, number/date of the written certification of the expenditure control
agency for each spending item. This list serves as a basis for the Ministry of
Finance to carry out mutual ceasing procedures.
- The written investment capital
payment request containing the expenditure control agencys certification
(original). The paid amounts on the list must match the amounts certified by
the expenditure control agency on the written investment capital payment
request. A written investment capital payment request containing the
expenditure control agencys
certification can be used only once. For credit projects, the list must express
the re-lent amounts. The Ministry of Finance may request supply of detailed
documents evidencing the re-lending (if necessary).
- The advance account list of
the service bank, which clearly expresses all transactions on the account
during the period for which the request for withdrawal of capital for
supplementation of spent amounts is made and the payment details matching the
amounts on the lists of expenditures and the amount indicated on the written
investment capital payment request already certified by the expenditure control
agency.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Within 5 working days after the
receipt of complete and valid dossiers, the Ministry of Finance (the External
Finance Department) shall consider and sign/co-sign the capital withdrawal
applications to be sent to donors for consideration; if the donors accept them,
they shall transfer money for addition to advance accounts.
For projects with grade-2
advance accounts, capital withdrawal for addition to grade- 2 advance accounts
is carried out by local project management units that are account holders.
Local project management units shall send requests for addition to grade-2
advance accounts to the central/provincial project management units (grade-1
advance account holders) together with dossiers and documents required for the
addition to grade-1 advance accounts as mentioned above. Central/provincial
project management units shall base on the valid dossiers and documents of
request to transfer money from grade-1 advance accounts for addition to grade-2
advance accounts. The dossiers and documents of local project management units
requesting addition to grade-2 advance accounts are also documents to be sent
by central/provincial project management units to the Ministry of Finance and
donors when proposing the addition to grade-1 advance accounts.
8. Capital withdrawal process
applicable to credit projects or credit components of projects:
The withdrawal of capital for
credit projects or credit components of projects is effected as follows: Based on
the continued lending requirements and spending requirements for the project
contents, credit institutions accepting re-lent loans shall prepare dossiers
for withdrawal of capital from donors for continued lending or expenditures for
project activities in strict accordance with the provisions of the loan
agreements or project agreements (if any) and current regulations on credit,
bidding, procurement, etc.
A dossier of capital withdrawal
request sent to the Ministry of Finance comprises:
- Written capital withdrawal
request.
- Capital withdrawal application
enclosed with a list of amounts already re-lent under donor regulations
(re-lent loan-accepting credit institutions are responsible for the legality,
truthfulness and accuracy of subsequent loans), certified by a competent
authority.
- Documents proving the legality
and regularity of expenditures on project activities as requested by donors.
Within 5 working days after the
receipt of complete and valid dossiers, the Ministry of Finance (the External
Finance Department) shall consider and sign/co-sign the capital withdrawal
applications to be sent to donors.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Responsibilities of agencies
in the disbursement of ODA capital for program-based loans and budget support
loans
a/ Program managers shall assume
the prime responsibility for, and coordinate with concerned agencies in.
realizing the commitments as agreed with donors to satisfy the capital
withdrawal conditions.
b/ Program managers shall
prepare or coordinate with concerned agencies in preparing documents/ reports
or documents on the implementation of commitments and regulations according to
program requirements, and send them to donors and the Ministry of Finance in
service of capital withdrawal requests.
c/ The Ministry of Finance shall
prepare capital withdrawal applications and send them to donors for capital
withdrawal according to each drive as agreed with donors.
d/ Where the State Bank or the
program manager withdraws capital under a financing agreement, capital
withdrawal is effected on the basis of agreement with the Ministry of Finance
on the capital withdrawal time, the withdrawn amount and account receiving ODA
capital.
2. Provisions on capital
disbursement
a/ For target budget support
programs: ODA capital already withdrawn into the state budget for spending on
program objectives and contents must comply with the process of expenditure
control and state budget capital allocation for payment according to current regulations
applicable to relevant national target programs.
b/ For general budget support
programs for the performance of the policy or institutional reform tasks of a
branch or domain, etc., under the policy framework agreed with donors but not
binding on the specific spending contents for withdrawn capital amount: ODA
capital withdrawn into the state budget is used for the common objectives of
the state budget. In special cases, withdrawn capital can be used for specific
objectives and contents as decided by the Prime Minister.
Part 3
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
I.
ACCOUNTING
ODA capital-using units shall
abide by the provisions of the Accounting Law, accounting standards and the
current accounting regimes of Vietnam, properly apply them to various types of
project and. at the same time, abide by donor regulations in financing
agreements or project documents (if any).
1. Organization of accounting
work, organization of accounting apparatus
1.1. Organization of accounting
work
ODA capital-using units shall
organize accounting work in order to fully reflect and report on the situation
and results of projects according to the following contents: compilation and
handling of accounting documents; selection and application of accounts; opening
and recording of accounting books; compilation and submission of financial
reports, etc., according to the provisions of the Accounting Law, accounting
standards and the current accounting regimes of Vietnam and donor regulations
mentioned in the financing agreements or project documents (if any).
1.2. Organization of the
accounting apparatus
ODA capital-using units must
base on the characteristics and form of implementation management of ODA
projects in order to organize a proper accounting apparatus according to the
following regulations:
a/ Using their accounting
apparatuses for the performance of accounting tasks of the projects in the
following cases:
- Small-scale and simple
projects with a small accounting work volume and without project management
unit; however, project capital sources and project expenditures must be
separately accounted, without including ODA capital sources into capital
sources of the units.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Organizing a separate
accounting apparatus and making separate financial reports for large-scale and
complicated projects with a large accounting work volume and a project
management unit which has an independent legal person status and own seal.
2. Accounting regimes applicable
to various types of project
2.1. For capital construction investment
projects:
a/ For the cases specified in
Item a, Point 1.2 above, the current accounting regime suitable to each type of
project-implementing unit (enterprise, non-business administrative unit,
commune or ward, etc.) will apply.
b/ For the cases specified in
Item b, Point 1.2 above, the current accounting regime of investors will apply.
2.2. For projects of
non-business administrative nature:
a/ For the cases specified in
Item a, Point 1.2 above, the current accounting regime suitable to each type of
project-implementing unit (enterprise; non-business administrative unit,
commune or ward, etc.) will apply.
b/ For the cases specified in
Item b, Point 1.2 above, the current accounting regime of non-business
administrative units will apply.
2.3. For credit projects:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ For the cases specified in Item
b, Point 1.2 above, the current accounting regime of credit institutions will
apply.
2.4. For mixed projects
In principle, ODA capital of
mixed projects must be separately accounted according to each type of capital
(investment capital, capital of non-business administrative nature, credit
capital,...). The application of a accounting regime to mixed projects complies
with the following regulations:
a/ For the cases specified in
Item a, Point 1.2 above, the current accounting regime suitable to each type of
project-implementing unit (enterprise, credit institution; non-business
administrative unit:...) will apply.
b/ For the cases specified in
Item b, Point 1.2 above, the use of ODA capital must be based on the following
criteria for selection of a proper applicable accounting regime:
- Spending nature of the
project;
- Form of project management;
- Type of the ODA capital-using
unit.
When applying an accounting
regime to this case, if wishing to amend and supplement the accounting contents
and methods, project management units shall send a written request to the
Ministry of Finance and do so only when obtaining the latters written
approval.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The audit of annual financial
reports of ODA projects aims to examine and certify the truthfulness and
reasonability of the projects financial reports in one fiscal year in terms of
financial management and management of assets and equipment of the projects
under the commitment between the donors and the Government and, at the same time,
certify the projects resources already used by project owners in accordance
with the procedures, regulations, policies, financial and accounting regimes,
which are agreed upon between the Government and the donors for application
within the project framework.
2. The audit of annual financial
reports of ODA projects applies to projects upon audit requests defined in
international treaties/financing agreements; in donor policies and procedures
or at the audit requests of Vietnamese functional bodies in accordance with
current domestic regulations.
3. In the course of auditing
annual financial reports of ODA projects, auditing companies, auditors and
project owners shall abide by current regulations on audit, auditing standards
and auditors professional ethics.
4. Auditing companies selected
for the audit of ODA projects must be those operating lawfully in Vietnam and
having their names on the list of companies qualified for auditing work, which
is announced annually by the Ministry of Finance (or a professional
organization authorized by the Ministry of Finance), unless otherwise provided
for in the commitment between the Government and the donors.
5. Apart from the audit of
annual financial reports, ODA projects may hire the audit of each completed
construction item, work, job (of special nature large
scale and large fund), if wishing for separate audit.
III.
SETTLEMENT
1. Settlement of ODA projects
financed with capital construction investment capital
Capital construction investment
capital-financed ODA projects are settled under the Finance Ministrys Circular No.
33/2007ATT-BTC of April 9, 2007, guiding the settlement of completed state
budget-funded projects and Circular No. 98/2007/TT-BTC of August 9, 2007,
amending and supplementing a number of points of Circular No. 33/2007ATT-BTC of
April 9, 2007, concretely as follows:
1.1. General provisions:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ For ODA projects involving
many work items, depending on the size, nature and construction duration of
works, investors may settle the construction investment capital for each work
item or the entire work immediately after such work item or work is completed
and put to use at the request of investment deciders. The value proposed for
settlement of each work item covers construction cost, equipment cost,
consultancy expenses and other expenditures directly related to that item.
After the whole project is completed, the investor shall make a general
settlement of the whole project and submit it to a competent person for
approval and allocate common expenditures of the project for each of its work
items.
1.2. Competence to approve, and
agencies dimming the settlement of ODA projects
a/ Competence to approve the
settlement:
- The Finance Minister shall
approve the settlement of ODA projects in which investment has been ratified
and permitted by the National Assembly and has been decided by the Prime
Minister.
- Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, central
bodies of mass organizations or presidents of provincial/municipal Peoples
Committees shall approve the settlement of state budget- financed ODA projects
of groups A, B and C; may authorize or decentralize the approval of settlement
of group-A and group-B ODA projects to their immediate subordinate agencies.
- For the remaining ODA
projects, investment deciders are competent to approve the settlement of
completed projects.
b/ Agencies examining the
settlement of completed projects
- For ODA projects in which
investment has been ratified and permitted by the National Assembly and has
been decided by the Prime Minister, the Ministry of Finance shall conduct the
examination;
- For state budget-financed ODA
projects managed by central agencies, persons competent to approve the
settlement shall assign the functional units under their management to organize
the examination.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- For state budget-financed ODA
projects managed by districts or provincial towns, district-level Finance
Sections shall organize the examination.
- For the remaining ODA
projects, persons competent to approve the settlement shall assign their
functional units to organize the examination.
In case of necessity, persons
competent to approve the settlement may decide to set up examination teams to
conduct the examination before approving the settlement; an examination team is
composed of members of related units.
1.3. Audit of the settlement of
completed ODA projects:
a/ All important national ODA
projects. group-A ODA projects, group-B ODA projects financed with state
capital, when completed, must have their settlement audited before submission
to competent authorities for examination and approval of the settlement; the
remaining ODA projects have their settlement audited at the request of
competent authorities.
b/ Investors shall organize the
selection of auditing contractors according to the law on bidding and conclude
contracts for audit of the settlement of completed projects according to the
provisions of the ordinance on contracts.
c/ Settlement-auditing
contractors must be auditing enterprises set up and operating under the
provisions of law on establishment and operation of enterprises in Vietnam and
the provisions of the Governments Decree No. 105/2004/ND-CP of March 30, 2004.
on independent audit.
d/ Auditing contractors auditing
the settlement of completed projects and making auditing reports shall abide by
the standards on audit of completed investment capital settlement reports,
promulgated by the Ministry of Finance.
1.4. Examination of the
settlement of completed ODA projects:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
On the basis of reports on
results of audit of completed projects, agencies (units) in charge of
examination of project settlement shall conduct the examination regarding:
- The compliance with the
standards on audit of completed investment capital settlement reports and the
specific contents guided in Circular No. 33/2007/TT-BTC and Circular No.
98/2007/TT-BTC; in case of failure to meet the prescribed requirements, the
examination agency may request the auditing contractors to conduct
re-examination or additional audit.
- The application of regulations
and legal grounds to the audit of projects by auditors.
- Proposals and disparities
between the investors settlement report and auditing contractors report on
audit of the completed project.
- The investors and relevant
units compliance with the conclusions of state investigation, examination and
audit agencies (if any).
b/ For ODA projects not subject
to settlement audit: Examination agencies shall conduct the examination and
make reports on results of examination of the settlement of completed projects
strictly according to the procedures and contents guided in Circular No.
33/2007/TT-BTC and Circular No. 98/2007/TT-BTC.
c/ Expenses for examination and
approval of settlement and audit expenses comply with Circular No.
33/2007/TT-BTC and Circular No. 98/2007/TT-BTC.
d/ Time limits for settlement of
ODA projects:
The time for making reports on
settlement of a completed ODA project is counted from the date the minutes on
the hand-over of the project for putting to use is signed; the auditing time is
counted from the date the auditing contract lakes effect; the time for
examination and approval of settlement is counted from the date of receipt of complete
settlement dossiers. The maximum time limits are specified as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- Group-A projects: The lime for
making a settlement report is 12 months; the auditing time is 8 months; the
settlement examination and approval time is 7 months.
- Group-B projects: The time for
making a settlement report is 9 months; the auditing time is 6 months; the
settlement examination and approval time is 5 months.
- Group-C projects: The time for
making a settlement report is 6 months; the auditing time is 4 months; the settlement
examination and approval time is 4 months.
1.5. Responsibilities of
settlement-examining and-approving agencies:
a/ To guide, examine and urge
investors to make the settlement of completed projects in time and with all
prescribed contents.
b/ To guide investors to settle
problems arising in the course of settlement of completed projects.
c/ To organize the examination
of reports on settlement of completed projects with prescribed contents and
requirements.
d/ To take responsibility before
law for their examination results.
dd/ To guide, urge and
create legal conditions for investors to complete the settlement of debts and
final settlement of accounts of projects after approving the settlement.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.6. Principles for allocation
of expenditures to common activities of ODA projects: The allocation of common
expenditures is effected in the following two cases:
a/ Case 1: Expenditures for
common project activities which are expenditures of component projects or
sub-projects independent from other component projects or sub-projects are
settled like for independent investment projects and are not allocated to other
component projects or mini-projects.
b/ Case 2: Expenditures for
common activities are not expenditures of independent component projects or
sub-projects:
- Expenditures not directly
related to other independent component projects or sub-projects are settled
separately.
- Expenditures directly related
to other independent component projects or independent sub-projects are
allocated to component projects or sub-projects on the following principles:
Annually, investors shall
allocate expenditures on common activities to component projects of
sub-projects as follows:
+ Expenditures directly related
to any component projects or sub-projects are allocated to those projects;
+ The remaining expenditures are
allocated in proportion to the ratio between the total investment of a
component project or sub-project and the total investment of the whole project.
+ The allocated value of annual
expenditures for common activities of a project will be incorporated into the
value of settlement of investment capital of each component project or
sub-project when the investment capital of the completed project is settled.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- If component projects or
sub-projects are in localities, localities shall manage and implement component
projects or sub-projects while the central agency shall implement the project.
- If component projects or
sub-projects are not in localities, the central agency acting as investor shall
implement the project in localities.
2. Settlement of ODA projects of
non-business administrative nature (including non-business administrative
capital portions of mixed projects):
2.1. The forms and time for
making reports on settlement of funds of projects comply with the Finance
Ministers Decision No. 19/2006/QD-BTC of March 30, 2006. enclosed with detailed
explanations on the funds settled by capital source ( loan capital, aid,
domestic contributed capital....). The examination, approval, appraisal and
notification of settlement comply with the provisions of the Finance Ministrys
Circular No. 01/2007/TT-BTC of January 2, 2007, guiding the examination,
approval, appraisal and notification of annual settlement for administrative
agencies, non-business units, state budget-supported organizations and state
budgets of all levels.
The annual settlement of projects
is incorporated into the general settlement of ministries, branches or
localities according to current budget decentralization.
2.2. Within 60 days after the
project completion, component project management units shall make reports on
the whole projects (detailed by ODA capital and domestic contributed capital)
and send them to superior project management units. Superior project management
units shall sum up the financial reports of the whole projects, detailed by
component project, ODA capital and domestic contributed capital, and send them
to project managers for report to the Prime Minister. The financial reports of
the whole projects are synthesized on each project management units annual
settlement report already examined and notified by a competent authority.
Before addressing them to the Prime Minister, the financial reports of the
whole projects must be audited by independent auditing bodies. Audit expenses
are included in the expenses of superior project management units.
IV.
REPORTING REGIME
1. Quarterly, on the 10th of the
first month of a quarter, project owners shall make reports listing amounts
already disbursed by donors in the previous quarter, detailed by
capital-withdrawing unit, nature of capital use (capital construction capital,
non- business administrative capital, budget support, re-lent loan), capital
user and expenditure control agency, and send them to the Ministry of Finance
(the External Finance Department) in service of budget settlement.
The report forms and lists of withdrawn
ODA capital amounts comply with Appendix 4 (not printed herein).
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. For projects with capital
sources from VAT refund, project owners shall report them to their managing
agencies, asking for approval of plans on the use of refunded tax amounts
strictly according to current regulations.
V.
EXAMINATION WORK
Finance agencies at all levels
and project-managing agencies may conduct regular or extraordinary examination
and inspection of ODA projects independently or in coordination with concerned
bodies regarding financial management issues according to the provisions of
this Circular.
Part 4
PROPERTY MANAGEMENT
I. SCOPE OF
APPLICATION
1. ODA project management units
set up under the provisions of Clauses 1, 2 of Article 25 of the Regulation on
management and use of ODA capital sources, promulgated together with the
Governments Decree No. 131/ND-CP of November 9, 2006, and provided with
property, shall manage and use the property under the guidance of this
Circular.
2. Contractors, consultants, ODA
project supervisors shall themselves ensure the property in service of
consultancy, supervision or construction. Project management units may not
invest nor procure property for supply to contractors, consultants and
supervisors.
3. If consultancy, supervision
or construction contracts which were signed before the effective date of this
Circular contain provisions on provision of property to contractors,
consultants or supervisors, they are still performed. When projects are completed
or the property is no longer used in the course of project implementation, the
property will be handled under the provisions of the Finance Ministrys
Circular No. 116/2005/TT-BTC of December 19, 2005, guiding the management and
use of property of projects not financed with state budget capital upon
completion of projects, and relevant legal documents.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The provision of property for
the operation of project management units must conform to the requirements of
the assigned tasks, the criteria and norms set by the state, ensuring thrift
practice and waste combat.
2. Property provided to project
management units must be used for proper purposes, fully accounted and
monitored according to regulations.
3. Where specific ODA
international treaties contain provisions different from Vietnams current
provisions on provision and management of property of project management units,
project owners shall report such to the Prime Minister for opinions before
signing those treaties or procuring property under those treaties.
III. FROMS
OF PROPERTY PROVISION
1. For property being working
offices: Program-or project-implementing agencies shall arrange places within
their existing working offices for project management units managerial tasks.
In case they cannot arrange such places, project management units may rent
working offices.
2. For cars in service of work,
including specialized vehicles (if necessary): Program- or project-implementing
agencies shall arrange some among their existing cars for project management
units managerial tasks. If they cannot arrange cars, project management units
may hire them.
3. For communication equipment,
working equipment and other fixed assets: Project management units may receive
them under decisions of competent authorities: buy or hire with their funds
such equipment from other organizations or individuals.
IV.
COMPETENCE TO DECIDE ON, AND FUNDS FOR PROPERTY PROVISION
1. Property (hired or purchased)
for managerial work of ODA project management units will be decided by agencies
competent to decide on the establishment of project management units according
to regulations. When the agency competent to decide on the establishment of a
project management unit is other than the agency competent to decide on the
investment or approve the project, the former must consult the latter before
deciding on the rent or purchase of property.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
V.
MANAGEMENT AND USE OF PROPERTY IN THE COURSE OF PROJECT IMPLEMENTATION
1. Monitoring accounting books,
calculating property wear
a/ For property purchased or
received under decisions of competent authorities, project management units shall
monitor and account them according to current accounting regulations.
b/The calculation of property
wear complies with the regime prescribed for public non-business units.
2. Use management
a/ All properties purchased or
received under decisions of competent authorities and properties hired for
project activities must be used for proper purposes, in strict accordance with
the criteria and norms set by the State; it is absolutely forbidden to:
- Sell, exchange, assign, donate
or lend them without decisions of competent authorities;
- Let organizations or
individuals hire, borrow or use them;
- Use them for personal
purposes.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Property maintenance and
repair
Properties purchased or receded
for project activities must be maintained and repaired according to state
regulations on technical management applicable to each kind of property Funds
for property maintenance and repair are taken from the funds of project
management units.
VI. DISPOSAL
OF PROPERTIES AFTER PROJECT COMPLETION
1. The disposal of project
properties when the projects are completed or they are no longer in use in the
course of project management must comply with the provisions of the Finance Ministrys
Circular No. 116/2005/TT-BTC of December 19, 2005, guiding the management and
management of properties of state budget-financed projects upon project
completion, and relevant legal documents.
2. For temporarily imported
duty-free properties of foreign consultants, if they arc transferred to the
Vietnamese Government after the project completion, project management units or
the agencies assigned to dispose of these properties shall carry out procedures
on behalf of the projects and pay tax (if any) according to law.
3. When selling and liquidating
properties of project management units upon project completion, the agencies
assigned to dispose of these properties shall issue property sale invoices
published by the Ministry of Finance to property buyers.
Part 5
ORGANIZATION OF
IMPLEMENTATION
This Circular takes effect 15
days after its publication in CONG BAO and replaces the Finance Ministrys
Circular No. 78/2004/TT/BTC of August 10, 2004, guiding the management of
capital withdrawal applicable to ODA capital sources.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Any problems arise in the course
of implementation should be reported to the Ministry of Finance for guidance
and coordinated settlement.
FOR
THE MINISTER OF FINANCE
VICE MINISTER
Train Xuan
Ha