THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 187/CP
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Hanoi, December 10,
1994
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DECREE
ON THE TASKS, POWERS AND ORGANIZATION OF THE GENERAL DEPARTMENT
OF DEVELOPMENT INVESTMENT DIRECTLY ATTACHED TO THE MINISTRY OF FINANCE
THE GOVERNMENT
Pursuant to the Law
on Organization of the Government on the 30th of September 1992;
Pursuant to the Government Decree No. 15-CP on the 2nd of March 1993 on the
Tasks, Powers and Responsibilities for State Management of the ministries and
ministerial-level agencies; the Government Decree No. 177-CP on the 20th of
October 1994 promulgating the Regulations for the Management Decree No. 187-CP
on the 28th of October 1994 on the Tasks, Powers and Organization of the
Ministry of Finance;
At the proposal of the Minister of Finance,
DECREES:
Article
1.- The General of Development Investment
directly attached to the Ministry of Finance has the task of helping the
Minister of Finance exercise the function of State management over the funds
for development investment, organize the allocation of State budget for
investment and the State s priority credit capital for the projects, targets
and programs on the list approved by the Government an annual basis.
Article
2.- The General Department of Development
Investment has the following tasks and powers:
Helping the Minister
of Finance exercise the function of State management over the funds for
development investment:
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2. Making suggestions
to State institutions on short-term and long-tem policies and plans concerning
State investment.
3. Making financial
examination and joining in considering and selecting bidders for investment
projects involving State investment capital.
4. Notifying investors
of the State investment plan according to the annual plan already approved.
5. Inspecting the use
of such investment funds by investors; petitioning the authorized level to
adopt the necessary policies and measures to make a more efficient use of the
State investment funds.
The General Department
of Development Investment can request investors to supply documents and clarify
questions concerning the management of the State by the Government on a yearly
basis:
1. Granting capital to
investors according to the investment plan ratified by the authorized level.
2. Granting priority
credit capital to or withdrawing it from the projects, targets and programs on
the list approved by the Government.
3. Suspending the
granting of investment capital and priority credit upon discovering violations
by capital recipients of the regulations on the management of State investment
capital, and reporting it immediately to the Minister of Finance for
settlement.
4. Organizing
accountancy, statistics, payments and statements of financial accounts on the
allocation of investment capital, granting priority credit capital for
investment or withdrawing it in accordance with the current regulations of the
State; helping the Minister of Finance in examining and ratifying statements of
financial accounts for investment projects as stipulated by the Government’s
Regulations on the Management of Construction Investment.
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1. At the central
level is the General Department of Development Investment directly attached to
the Ministry of Finance.
The General Department
of Development Investment is headed by a Director General assisted by a number
of Deputy Directors General. The Director General is a appointed (or dismissed)
by the Prime Minister at the proposal of the Minister of Finance; the Deputy
Directors General are appointed (or dismissed) by the Minister of Finance at
the proposal of the Director General of the General Department of Development
Investment.
The Director General
is a assisted in his work by:
- The
Economic-Planning Department,
- The Investment
Capital Granting Department,
- The Priority
Investment Credit Department,
- The Accounting Department,
- The
Control-Supervision Department, and
- The Office of the
General Department.
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2. In the provinces
and cities directly under the Central Government are the Departments of
Development Investment under the General Department of Development Investment.
The Department of Development Investment in provinces and cities under the
Central Government shall grant investment capital and priority investment
credit capital in their localities.
3. Where there is a
large amount of State investment capital, or a project of group A, the Minister
of Finance can establish a Development Investment Bureau or Division under the
Department or the General Department of Development Investment. The Development
Investment Bureau or Division will be dissolved after the project is completed.
Article
4.-The General Department of Development
Investment, the Departments of Development Investment, the Development
Investment Division are the State finance-managing organizations, have the
juridical entity, their own seals, and can open their bank accounts at the
State Treasury.
Article
5.- The staff of the General Department of
Development Investment is funded by the State budget and is included in the
draft expenditure plan of the Ministry of Finance.
In performing the task
of granting priority credit, the General Department of Development Investment
is entitled to collect a fee. The management of fee is done in accordance with
the Government’s regulations.
Article
6.- This Decree takes effect on the date
of its promulgation. All stipulations made earlier in other documents which are
contrary to this Decree are now annulled.
The Minister of
Finance, the other ministers, the heads of ministerial-level agencies and the
agencies attached to the Government, the presidents of the People’s Committees
of provinces and cities directly under the Central Government, and the
presidents of the People’s Committees of provinces and cities directly under
the Central Government are responsible for the implementation of this Decree.
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