THE
MINISTRY OF FINANCE
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
193/2011/TT-BTC
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Hanoi,
December 26, 2011
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CIRCULAR
GUIDING FINANCIAL MANAGEMENT AND CAPITAL DISBURSEMENT FOR
PROGRAMS AND PROJECTS FUNDED BY THE OPEC FUND FOR INTERNATIONAL DEVELOPMENT
(OFID)
Pursuant to December 16, 2002
Law No. 01/2002/QH11 on the State Budget and June 17, 2009 Law No. 29/2009/QH12
on Public Debt Management;
Pursuant to the Government's
Decree No. 79/2010/ND-CP of July 14, 2010, on public-debt management
operations:
Pursuant to the Government's
Decree No. 78/2010/ND-CP of July 14, 2010, on on-lending of the Government's
foreign loans;
Pursuant to the Government's
Decree No. 60/2003/ND-CP of June 6, 2003, detailing and guiding the
implementation of the Law on the Stale Budget;
Pursuant to the Government's
Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of Finance;
The Ministry of Finance
guides financial management and capital disbursement for programs and projects
funded by the OPEC Fund for International Development (OF1D) as follows:
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Article 1.
Scope of regulation and subjects of application
1. Scope of regulation
This Circular provides for
financial management, capital withdrawal for payment, inspection, reporting,
finalization and accounting of state budget applicable to OF1D-funded programs
and projects.
2. Subjects of application
This Circular applies to
agencies, organizations and individuals involved in the management and
implementation of programs and projects funded with the Government's OFID
loans.
Article 2.
Interpretation of terms
1. The OPEC Fund for
International Development (OFID) is the agency providing its development
assistance capital.
2. Loan agreement is a capital
borrowing agreement signed between the Socialist Republic of Vietnam and the
OFID to finance development investment projects and programs in Vietnam.
Article 3.
General principles
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2. Projects eligible for OFID
loans allocated from the state budget are investment projects in public
infrastructure or social welfare and those in other sectors which are incapable
of directly retrieving capital and are funded with the state budget under the
current Law on the State Budget, including the cases in which the local budget
receives foreign loans on-lent from the central budget for allocation for
projects from the ODA capital source under the mechanism on state budget
capital allocation.
Domestically contributed capital
for projects eligible OFID loans allocated from the state budget shall be
allocated by the state budget (central or local budget) and included in annual
state budget estimates as capital construction funds or administrative and
non-business funds depending on projects' spending items.
3. Projects eligible for wholly
or partly on-lent OFID loans are projects capable of retrieving the whole or
part of capital, including also credit projects to which the mechanism on whole
or partial on-lending will apply, and projects to receive part of ODA capital
depending on their capital retrieval capacity.
Conditions on ODA capital
on-lending (whole or partial on-lending, recipients of on-lent capital,
currency used in on-lending, on-lending value, on-lending term, on-lending
interest rate, charges applied by donors, charge for domestic on-lending, etc)
shall be determined in the process of project preparation, appraisal and
approval under Decree No. 78/ 2010/ND-CP of July 14, 2010. on on-lending of the
Government's foreign loans, and/or agreements with donors.
4. Domestically contributed
capital
a/ Domestically contributed
capital is the capital amount contributed by the Vietnamese party to an
OFID-funded project to cover the project's spending items, including also
capital to pay taxes, capital withdrawal charge, banking charges, insurance
premiums, freight, storage charge, audit expense and other lawful expenses if
such charges and expenses are not covered by foreign loans under the Loan
Agreement.
b/ Domestically contributed
capital for projects eligible for allocation from the state budget of a certain
level shall be allocated from the state budget of such level; domestically
contributed capital for projects using wholly or partly on-lent capital shall
be assured by project owners. Project owners shall arrange or propose a
competent authority to arrange sufficient domestic capital for projects so as
to ensure efficiency and conformity with the schedule of foreign capital
disbursement.
5. Project management agencies
and project owners shall take responsibility before law for their project
implementation as committed in the Loan Agreement and shall manage the proper
and effective use of loans according to the Loan Agreement and domestic
regulations on management of construction investment projects. ODA management
and use, and management of project assets, and make finalization upon project
completion under current regulations.
Article 4.
Service banks and project accounts
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2. Responsibilities of a service
bank
a/ At the request of the
Ministry of Finance, to open an advance account for the project for receiving
money disbursed by the OFID and transferring money from this account to the
project's account opened at the slate treasury under current regulations.
b/ To guide and provide the
Ministry of Finance and the project management unit with sufficient information
for conducting domestic and overseas payment transactions via the banking
system.
c/ To record the amount
disbursed by the donor as credit entry in the project's advance account within
2 working days after receiving a credit note from the OFID and notify the
received amount lo the Ministry of Finance and the project owner.
d/ Within 2 working days after
transferring money as ordered by the account owner, to send to the account
owner debit note documents related to the paid amount with such details as
foreign currency amount, Vietnam dong amount, exchange rate, date of payment
and payee for stale budget accounting.
e/ The advance account balance
enjoys interest at the interest rate set by the service bank or agreed between
the service bank and account owner. The service bank shall open an account for
separately monitoring such interest on the advance account. The monitoring
account balance also enjoys interest.
f/ Project service banks are
entitled to collect service charges at their current rates.
g/ Monthly or upon request, to
send lo the account owner statements on the advance account, interest on the
project's advance account, service charges collected by the service bank,
interest-charge difference, opening balance and closing balance.
3. Project accounts
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- Based on the projects' payment
needs and at the request of the project management agencies for opening advance
accounts for their projects, the Ministry of Finance shall send letters
requesting the OFID to approve the use of advance accounts for projects. The
OFID shall consider and send notices of approval or disapproval of the opening
of advance accounts for the projects.
- Based on the OFlD's approval,
the Ministry of Finance shall open advance accounts at service banks to meet
the projects' payment requirements in accordance with the Loan Agreement,
agreements with donors and Vietnamese current regulations. Advance accounts are
intermediary accounts used for transferring money to capital source accounts
opened by project management units at provincial-level stale treasuries.
b/ State treasury accounts
- Capital source accounts for
receiving OFID loans: Depending on project implementation requirements and
written agreements with donors, project owners shall open capital source
accounts for their projects at state treasuries to receive OFID loans
transferred from the projects" advance accounts, and pay for projects
after receiving spending control notes from state treasuries. According to
project designs, lower-level (district or commune) project management units may
open deposit accounts at district-level state treasuries to receive capital
from provincial-level project management units to pay for project activities.
- Accounts for payment of
domestically contributed capital: Project owners shall open state treasury
accounts to receive and pay domestic capital allocated by the state budget
under current regulations.
4. Banking service charges
Banking service charges shall be
paid with interests on advance accounts and accounted as total expenses of
projects. Interests on the accounts of projects eligible for state budget
allocations are state budget revenues. For mixed projects composed of both a
component funded with state budget allocations and a component with ODA capital
on-lent from the state budget which share the same advance account (the time
the loan is on-lent from the state budget is the time the capital amount is
withdrawn from the advance account), interests on the accounts constitute state
budget revenues. Upon project completion, unused interests shall be remitted
into the state budget. In case interests arc insufficient for paying banking
service charges, owners of projects funded with state budget allocations shall
draw up plans to request domestically contributed capital for payment. Owners
of projects funded with on-lent loans shall pay banking service charges with
their own capital sources.
5. Exchange rate
OFID loans in foreign currency
shall be converted into Vietnam dong at account-transfer purchase exchange
rates applied by service banks at the time of conducting transactions.
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Article 5.
Management and use of loans
1. OFID loans shall be used for
investment items of projects at a rate specified in Annex 2 to the Loan
Agreement signed with the OFID.
2. The financing rate specified
in the Loan Agreement is a rate calculated on expenses for investment items,
exclusive of taxes. This rate may be changed as agreed between the donor and
borrower. A corresponding financing rate shall be applied to each time of loan
withdrawal to pay for investment items so as to determine the withdrawn loan
amount.
3. All loan withdrawals must be
conducted before the closing date of the loan account (or the extended closing
date of the loan account) in accordance with the Loan Agreement.
4. Loans may not be used to pay
for goods items not indicated in the Loan Agreement.
5. Payment of foreign loans for
projects complies with current stale regulations, the Loan Agreement, the
Finance Ministry's documents guiding construction investment capital management
and payment, regulations on ODA financial management, and this Circular.
Article 6.
Methods of withdrawing foreign loans
Lawful expenses of projects
shall be covered by OFID loans by direct payment, reimbursement/retroactive
payment, or payment via advance account.
Capital withdrawal dossiers,
procedures for spending control and payment of OFID loans and domestically
contributed capital for OFID-funded projects comply with the Finance Ministry's
Circular No. 108/2007/TT-BTC of September 7, 2007, guiding financial management
for official development assistance-funded programs and projects; Circular No.
40/2011/TT-BTC of March 22, 2011, amending and supplementing a number of points
of Circular No. 108/2007/IT-BTC; and Circular No. 107/2011/TT-BTC of July 20,
2011, amending Point c. Clause 2. Article 1 of Circular No. 40/2011/TT-BTC.
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1. Direct payment
Direct payment is a form of
payment in which the OFID will, at the borrower's request, transfer money
directly to the contractor/goods or service provider.
When wishing to withdraw capital
for direct payment, the project management unit shall send to the Ministry of
Finance (the Department of Debt Management and External Finance) the following
documents:
- An official letter requesting
capital withdrawal, enclosed with the capital withdrawal application,
statements made according to set forms, and necessary documents as required by
the OFID;
- The contractor's/goods or
service provider's invoice/payment request:
- A payment request (original)
certified by the spending controlling agency.
Within 5 working days after
receiving a complete and valid dossier, the Ministry of Finance (the Department
of Debt Management and External Finance) shall consider and sign the capital
withdrawal application to be sent to the OFID and shall, if approved by the
OFID, transfer money directly to the contractor's/ goods or service provider's
account.
2. Reimbursement/retroactive
payment
Reimbursement is a form of
payment in which the amount already paid by the project implementer with its
own capital source for loan-covered lawful expenses shall be reimbursed.
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When wishing to withdraw capital
for reimbursement, the project management unit shall send to the Ministry of
Finance (the Department of Debt Management and External Finance) the following
documents:
- An official letter requesting
capital withdrawal, enclosed with the capital withdrawal application,
statements made according to set forms, and necessary documents as required by
the OFID. The capital withdrawal application must indicate the name and account
number of the advancing unit.
- The contractor's/goods or
service provider's invoice/payment request:
- A payment request (original)
certified by the spending controlling agency.
- The project management unit
shall supply additional documents evidencing that money has been transferred to
the contractor.
- In special cases, the Ministry
of Finance may require additional explanatory documents. Within 5 working days
after receiving a complete and valid dossier, the Ministry of Finance (the
Department of Debt Management and External Finance) shall consider and sign the
capital withdrawal application to be sent to the OFID and shall, if approved by
the OFID, transfer money for reimbursing the spent amount to the project
management unit.
3. First withdrawal of capital
to the advance account
The first withdrawal of capital
to the advance account shall be conducted based on the advance account's limit
approved by the OFID in a letter sent to the Ministry of Finance.
To withdraw capital, the project
management unit shall send to the Ministry of Finance (the Department of Debt
Management and External Finance) an official letter requesting capital
withdrawal, capital withdrawal application and capital withdrawal statement,
and the project's monthly or quarterly plan on capital use.
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4. Withdrawal of additional
capital to the advance account
To withdraw additional capital
to the advance account, the project management unit shall send to the Ministry
of Finance (the Department of Debt Management and External Finance) the
following documents:
- An official letter requesting
withdrawal of additional capital to the advance account;
- A spending statement made by
the project management unit according to the OFID's form, indicating each
amount spent from the advance account with the following details: date of
payment, amount in original currency, USD-equivalent amount. USD/VND exchange
rate, payment details, payee, financing rate, and contractual value. This
statement serves as a basis for the Ministry of Finance to carry out mutual
ceasing procedures.
- A paper of request for
investment capital payment, certified by the state treasury (the original and
its English translation), investment capital withdrawal paper (the original and
its English translation). Each certified paper of request for investment
capital payment may be used only once.
- The signed contracts (in
Vietnamese and their English translation) which shall be sent only once.
- Other documents as required by
the donor (to be sent only once if multiple payments are made for one
contract), including contract, bidding result-approving decision, invoice,
performance guarantee, advance guarantee (in case of capital advance) or other
documents as required by the donor.
- Dossiers and documents to be
sent to the Ministry of Finance: In addition to the documents under the OFID's
regulations, the project management unit shall make a statement (original)
indicating each amount spent from the capital source account, certified by the
state treasury at which transactions are made, and send it to the Ministry of
Finance. Such statement must contain such details as date of payment, sum of
money, payment details, payee, serial number/date of the spending slip.
Within 5 working days after
receiving a complete and valid dossier, the Ministry of Finance (the Department
of Debt Management and External Finance) shall consider and sign the capital
withdrawal application to be sent to the donor for consideration and shall,
when approved by the donor, transfer additional money into the advance account.
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The OFID"s loan will be
withdrawn to each project's advance account opened at the service bank with the
Ministry of Finance as the account owner. To withdraw capital from the advance
account to the capital source account at the state treasury, the project
management unit shall send to the Ministry of Finance (the Department of Debt Management
and External Finance) the following documents:
- An official letter requesting
withdrawal of capital to the capital source account, indicating the amount to
be withdrawn, serial number of account, bank at which the account is opened.
- Spending estimate for the
amount to be withdrawn. Annually, the project management unit shall work out
and submit to the managing agency/provincial-level People's Committee for
approval the project's annual financial plan (detailed by quarter, indicating
the project's major activities, capital sources, expense items, financing rate
from different capital sources for each expense item). The approved financial
plan shall be sent to the Ministry of Finance as a basis for capital transfer
in each tranche to the project management unit into its capital source account
opened at the provincial-level stale treasury, and sent to the provincial-level
Finance Department and managing agency for monitoring, management and
accounting of foreign capital allocated to the province/city.
- Other documents when
necessary.
Within 3 working days, after
considering the project's needs for capital disbursement in the next tranche,
surplus/deficient advanced amount and the project's advance account balance,
the Ministry of Finance shall transfer money from the advance account to the
project's capital source account, or notify the project management unit of the
application of the method of direct payment when necessary.
6. Spending from the capital
source account
Spending from the capital source
account complies with the process of prior payment control. The process of
prior payment control is a process according to which all amounts paid from the
capital source account must be controlled by the slate treasury/on-lending
agency before making payment under current regulations.
In case a project has accounts
opened for the local level (district or commune), the provincial-level project
management unit shall, based on the project design, Loan Agreement and current
regulations, carry out procedures for advancing money for the district or
commune level.
The capital source account's
surplus (if any) in the last tranche of capital transfer for the project shall
be reimbursed to the project's advance account for reimbursement to the foreign
party.
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1. The process of accounting
slate budget capital complies with the Finance Ministry's Circular No.
107/2008/TT-BTC of November 18, 2008, additionally guiding a number of
provisions on stale budget management and administration, the Finance
Minister's Decision No. 19/2007/QD-BTC of March 27, 2007, promulgating the
Regulation on accounting of state-budget mutual ceasing with regard to the
Government's foreign loans and aid, and Decision No. 2752/QD-BTC of November 6,
2009, promulgating the Regulation on recording and accounting of the
Government's foreign loans, aid and debts while operating the treasury and
budget management information system (TABMIS).
2. Process of state budget
accounting
a/ Payment via the advance
account
For state budget-funded
projects, based on the statement of the amount spent from the capital source
account, the Ministry of Finance shall make a circular on mutual ceasing ofOFID
loans already withdrawn and allocated for projects. OFID loans allocated for
projects shall be accounted as foreign loan revenue and as target additional
expenditure from the central budget for the provincial-level budget or as
capital construction investment capital expenditure allocated for the managing
agency.
For projects funded with
on-lending OFID loans, based on documents on money transfer from the advance
account to the capital source account, the Ministry of Finance shall make a
circular on mutual ceasing of OFID loans already withdrawn and on-lent for the
projects and send it to the on-lending agency for on-lending accounting for the
projects.
Upon project completion, the
surplus amount (if any) in the last tranche of capital transfer into the
capital source account which is reimbursed to the project's advance account
shall be accounted as revenue reduction/ expenditure reduction for the
provincial-level and central budget.
b/ Direct payment/reimbursement
Based on the OFID's capital
disbursement notice, the Ministry of Finance shall make a circular on mutual
ceasing of OFID loans already withdrawn through direct payment/ reimbursement
and already allocated/on-lent for projects. OFID loans allocated for projects
shall be accounted as foreign loan revenue and as target additional expenditure
from the central budget for the provincial-level budget or as foreign loan
expenditure for the management agencies to implement the projects. OFID loans
on-lent to the projects shall be accounted as foreign loan revenue and as
on-lent loan expenditure for the projects.
Article 8.
Finalization for projects
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Article 9.
Audit of financial statements
1. Audit of annual financial statements
of OFID-funded projects aims to examine and certify the truthfulness and
validity of project's financial statements in a fiscal year in terms of
financial, asset and equipment management as committed between the OFID and
Government, and to certify that the projects' resources have been properly used
by project owners according to financial and accounting procedures,
regulations, policies and regimes as agreed between the Government and the OFID
in the OFID Loan Agreement for the projects.
2. Audit of annual financial
statements of OFID-funded projects must meet the audit requirements of the OFID
and comply with current domestic regulations. Annual financial audit reports
shall be sent to the OFID and Ministry of Finance within 4 months after the end
of a fiscal year.
3. In auditing annual financial
statements of OFID-funded projects, audit companies, auditors and project
owners shall comply with current regulations on audit as well as audit
standards and auditor's professional ethics standards. Audit companies selected
to audit OFID-funded projects must be those lawfully operating in Vietnam and
be on the list of qualified audit companies publicized annually by the Ministry
of Finance (or an occupational organization authorized by the Ministry of Finance).
4. Apart from audit of annual
financial statements, audit may be hired for each completed work item, work or
job under an OFID-funded project (which has special characteristics, large
scale or requires large funds) when necessary.
Article 10.
Reporting and supervision regulations
1. Quarterly, project management
units shall send reports on project implementation progress and situation to
the OFID.
2. Monthly, quarterly and
annually, project management units shall send reports on the use of OFID loans in
capital source accounts, co-financed capital and domestic capital to slate
treasuries at which transactions are made for carrying out comparison and
certification procedures and concurrently to the management agency, the
Ministry of Finance and the Ministry of Planning and Investment as a basis for
monitoring and supervision.
3. Finance agencies at all
levels and project management agencies may independently conduct, or coordinate
with relevant agencies in conducting, regular or extraordinary examination or
inspection of OFID-funded projects with regard to contents related to financial
management under this Circular.
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1. This Circular takes effect on
February 12, 2012.
2. In case legal documents
referred to in this Circular are amended, supplemented or replaced, the
amended, supplemented or replacing documents will apply.
3. Any problems arising in the
course of implementation should be promptly reported to the Ministry of Finance
for guidance and coordinated settlement.
FOR
THE MINISTER OF FINANCE
DEPUTY MINISTER
Truong Chi Trung