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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
46/2021/ND-CP
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Hanoi,
March 31, 2021
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DECREE
ON FINANCIAL MANAGEMENT AND PERFORMANCE EVALUATION REGIME
FOR THE VIETNAM DEVELOPMENT BANK
Pursuant to the Law on
Organization of the Government dated June 19, 2015; the Law on amendments to
the Law on Organization of the Government and the Law on Organization of Local
Governments dated November 22, 2019;
Pursuant to the Law on State
Budget dated June 25, 2015;
Pursuant to the Law on
management and use of state capital invested in manufacturing and business
activities in enterprises dated November 26, 2014;
Pursuant to the Law on Credit
Institutions dated June 16, 2010, and the Law on amendments the Law on Credit
Institutions dated November 20, 2017;
Pursuant to the Law on Public
Investment dated September 13, 2019;
Pursuant to the Law on
Enterprise dated June 17, 2020;
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The Government hereby
promulgates this Decree on financial management and performance evaluation
regime for the Vietnam Development Bank.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Decree provides regulations on
the financial management and performance evaluation regime for the Vietnam
Development Bank (hereinafter referred to as VDB).
Article 2.
Regulated entities
1. Vietnam Development Bank (VDB).
2. The state capital representative
agency at VDB
3. Relevant organizations and
individuals.
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For the purposes of this Decree,
the following terms shall be construed as follows:
1. “State investment credit and
export credit” include:
a) Loans provided under the
Government’s regulations on State investment credit policies;
b) Outstanding loans under State
export credit contracts signed before the effective date of Decree No.
32/2017/ND-CP dated March 31, 2017, of the Government, on State investment
credit (hereinafter referred to as Decree No. 32/2017/ND-CP);
c) Loans provided under programs or
projects assigned by the Government or the Prime Minister, with interest rate
and/or management fee subsidies from the state budget;
dd) Obligatory loans received by
VDB from its predecessor organization.
2. “Guaranteed obligatory loans”
refer to obligatory loans arising after VDB performs its guarantee obligations
for small and medium-sized enterprises borrowing from commercial banks under
the Prime Minister’s decision on the guarantee mechanism for small and
medium-sized enterprises.
3. “Other loans” mean loans re-lent
by VDB from the Government’s foreign borrowings for which VDB bears the credit
risk, and other loans extended by VDB at negotiated interest rates without
interest rate and management fee subsidies from the state budget.
Article 4.
Principles of financial management
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2. VDB operates on a non-profit
basis to implement State credit policies and other tasks assigned by the
Government or the Prime Minister; it shall receive interest rate and management
fee subsidies from the state budget under law and this Decree; be exempt from
taxes and other payments to the state budget; be guaranteed by the Government
for solvency; be subject to a compulsory reserve ratio of 0% and exempt from
deposit insurance participation.
3. VDB may obtain refinancing loans
from the SBV as prescribed by law; participate in the interbank market, open
market operations, internal payment systems, and provide payment services and
other banking services to customers; engage in foreign exchange operations and
participate in domestic and international payment systems as prescribed by law.
4. For other lending activities,
the state budget shall not provide interest rate and management fee
subsidies; revenues, expenses, and results arising therefrom shall be incorporated
into VDB’s overall financial performance as regulated in this Decree.
Article 5.
Accountability regime
The Board of Directors, Supervisory
Board, and General Director of VDB shall be held accountable before the law and
regulatory agencies for ensuring the safety of VDB’s capital and assets, for
proper, economical, and efficient use of capital, and for compliance with VDB’s
financial, accounting, and auditing regimes.
Chapter II
CAPITAL, FUNDS, AND
ASSETS
Article 6.
Operating capital of VDB
1. Owner’s equity:
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Any change in charter capital shall
be decided by the Prime Minister based on VDB’s proposal and the opinion of the
Ministry of Finance, ensuring conformity with VDB’s operational requirements,
mandates, and capital adequacy assurance in each period;
b) Capital construction investment
funds allocated from the state budget;
c) Funds, including: charter
capital reserve fund, development investment fund, and financial reserve fund;
d) Differences arising from asset
revaluation and exchange rate conversion;
dd) Undistributed operating
results;
e) Non-refundable aids and grants
from domestic or foreign organizations;
g) Other capital owned by VDB.
2. Mobilized capital as prescribed
by law, including:
a) Government-guaranteed bond
issuance;
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c) Loans from the Vietnam Social
Security Fund; loans from domestic and foreign financial and credit
institutions;
d) Loans from the SBV;
dd) Capital mobilized from other
organizations inside and outside Vietnam;
e) Entrusted deposits from domestic
and foreign organizations and individuals;
g) Mobilization of other funding
sources as prescribed by law.
3. Other capital includes:
a) State budget funds for interest
rate subsidies used to fulfil post-investment support contracts arising before
the effective date of Decree No. 32/2017/ND-CP;
b) Foreign loans of the Government
authorized by the Ministry of Finance for on-lending;
c) Entrusted funds from the
Ministry of Finance, local governments, local financial funds, and domestic or
foreign organizations (entrustors) to be used in accordance with the
entrustor’s written instructions;
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Article 7.
Regulatory capital
Regulatory capital shall be
determined and calculated based on data from the separate financial statements
and shall include:
1. Charter capital;
2. Funds:
a) Charter capital reserve fund;
b) Development investment fund;
c) Financial reserve fund;
3. Positive differences from asset
revaluation (including fixed assets and long-term equity investments);
4. Cumulative undistributed
positive financial results;
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a) Capital contributed to
subsidiaries and affiliates as prescribed by law;
b) Cumulative negative financial
results;
c) Negative differences from asset
revaluation.
Article 8. Use
of capital and assets
1. VDB may use its operating
capital to:
a) Implement State credit policies
as prescribed by law;
b) Provide other forms of credit as
specified in its Charter of organization and operation and decisions of
competent authorities in accordance with law;
c) Provide post-investment support
as prescribed by law for contracts arising before the effective date of Decree
No. 32/2017/ND-CP;
d) Provide credit guarantees for
small and medium-sized enterprises borrowing from commercial banks as
prescribed by law;
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e) Provide loans or grants under
entrustment or authorization; provide guarantees under entrustment or
authorization;
g) Entrust and receive entrustment
to provide financial and banking services to customers as prescribed by law;
h) Purchase, sell, discount, and
rediscount valuable papers as prescribed by law;
i) Contribute capital to establish
subsidiaries or participate in establishing domestic affiliates in accordance
with law and VDB’s Charter of organization and operation;
k) Invest in capital construction
and procure assets serving VDB’s operations as prescribed in this Decree;
l) Deposit idle funds with credit
institutions and branches of foreign banks. VDB shall select credit
institutions and branches of foreign banks ensuring safety and prevention of
capital loss;
m) Perform other tasks assigned by
the Government or the Prime Minister.
2. Adjustment of capital and asset
structure:
VDB may proactively adjust its
capital and asset structure within the system to serve operations in accordance
with its Charter of organization and operation.
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Transfers of capital and assets
among VDB’s affiliated and subordinate units shall be carried out in accordance
with its Charter of organization and operation.
Article 9.
Capital adequacy assurance
VDB shall comply with regulations
on ensuring capital adequacy in its operations, including:
1. Management and use of capital
and assets, distribution of financial results, implementation of financial
management and accounting regimes under this Decree and relevant laws;
2. Purchase of asset insurance as
prescribed by law;
3. Accounting for provisions for
credit risk as operating expenses in accordance with this Decree and relevant
laws;
4. Repurchase or swap of valuable
papers issued by VDB as prescribed by law;
5. Handling of asset losses in
accordance with Article 14 of this Decree;
6. Implementation of other measures
to preserve capital as prescribed by law.
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1. Asset inventory and handling of
inventory results:
a) VDB shall conduct asset
inventories upon closing its accounts to prepare annual financial statements;
upon division, separation, merger, consolidation, or conversion of legal form;
after natural disasters, wars, or other events causing asset fluctuations; or
under decisions of competent state authorities;
b) Handling of inventory results
shall comply with current regulations applicable to single-member limited
liability companies wholly owned by the State.
2. Asset revaluation:
a) VDB shall revalue its assets in
accordance with laws applicable to single-member limited liability companies
wholly owned by the State;
b) VDB’s asset revaluation results
shall be submitted to the competent state authority for decision and copied to
the Ministry of Finance.
3. Asset liquidation and disposal:
a) VDB may dispose of or sell
assets that are damaged beyond repair, technically obsolete, no longer needed,
or unusable, in order to recover capital on a public and transparent basis;
b) The authority, methods, order,
and procedures for the disposal or sale of assets by the Vietnam Development
Bank shall comply with the legal provisions applicable to single-member limited
liability companies wholly owned by the State;
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Article 11.
Depreciation of fixed assets
1. VDB shall make depreciation of
fixed assets in accordance with regulations applicable to single-member limited
liability companies wholly owned by the State.
2. VDB may use depreciation amounts
to reinvest in replacement and renewal of fixed assets and for other
operational requirements in accordance with regulations applicable to single-member
limited liability companies wholly owned by the State.
Article 12.
Capital construction investment and procurement of fixed assets
1. Capital construction investment
and procurement of fixed assets serving VDB’s operations shall comply with
regulations applicable to single-member limited liability companies wholly
owned by the State and the annual plan approved by the Board of Directors.
Where the project value exceeds the decision-making competence applicable to
single-member limited liability companies wholly owned by the State, the Board
of Directors shall report to the Ministry of Finance for submission to the
Prime Minister for decision. Capital construction investment financed by public
investment funds (if any) shall comply with the Law on Public Investment and
relevant guiding documents.
2. The total residual value of all
fixed assets serving VDB’s operations (historical cost minus accumulated
depreciation) shall not exceed 25% of charter capital and the charter capital
reserve fund as recorded in VDB’s accounting books.
Article 13.
Leasing, subleasing, mortgaging, and pledging of assets
1. VDB may lease, mortgage, and
pledge assets under its use rights and ownership in accordance with regulations
applicable to single-member limited liability companies wholly owned by the
State.
2. For assets that VDB leases or
receives as collateral, pledge, or for safekeeping from customers, VDB shall
manage, safeguard, or use such assets as agreed with customers and in
conformity with law.
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Upon incurrence of asset losses,
VDB shall determine the extent, causes, and responsibility and handle them
according to the following principles:
1. If caused by subjective faults,
the individuals or collectives at fault shall compensate for damages in
accordance with law. VDB shall provide specific rules on compensation and
decide compensation levels in accordance with law and shall be responsible for
its decisions.
2. If the assets are insured,
handling shall comply with the insurance contract.
3. Provisions recognized in
expenses shall be used for offsetting in accordance with law.
4. Any remaining loss value after
offset by compensation from individuals, collectives, insurers, and by
provisions recognized in expenses shall be covered by the financial reserve
fund. If the financial reserve fund is insufficient, the shortfall shall be
recorded as other operating expenses in the period.
Chapter III
CLASSIFICATION OF DEBTS,
PROVISIONING AND USE OF RISK PROVISIONS
Article 15.
Classification of debts and determination of required provisions for credit
risk
1. VDB shall classify debts in
accordance with guidance of the SBV.
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Article 16.
Provisioning for credit risk
VDB shall charge annually to
operating expenses the provisions for credit risk with respect to State
investment credit, State export credit, guaranteed obligatory loans, and other
loans for which VDB bears credit risk. Provisioning shall be as follows:
1. For provisions for credit risk
related to State investment credit, State export credit, and guaranteed
obligatory loans (hereinafter collectively referred to as provisions for credit
risk related to State investment credit, State export credit, and guaranteed
obligatory loans): each year, VDB shall determine provisioning amounts based on
the financial surplus (difference between financial revenues and expenditures)
but not less than 0.75% of total outstanding loans of State investment credit,
State export credit, and guaranteed obligatory loans, and shall ensure that the
balance of the risk provision fund does not exceed the total amount required to
be provided under Clause 2 Article 15 of this Decree.
2. For provisions for credit risk
related to other loans:
a) For loans financed by on-lending
of the Government’s foreign borrowings:
For loans under on-lending
authorization contracts between the Ministry of Finance and VDB signed from the
effective date of Decree No. 97/2018/ND-CP dated June 30, 2018 of the
Government on on-lending of ODA and foreign concessional loans of the
Government (hereinafter referred to as Decree No. 97/2018/ND-CP), VDB shall
make and use provisions in accordance with Decree No. 97/2018/ND-CP and its
amending documents (if any);
For loans under on-lending
authorization contracts between the Ministry of Finance and VDB signed before
the effective date of Decree No. 97/2018/ND-CP, VDB shall make provisions in
accordance with such on-lending authorization contracts. Where the
contract does not provide for provisioning, VDB shall make provisions in
accordance with Point b of this Clause;
b) For the remaining loans for
which VDB bears credit risk: each year, VDB shall use the positive difference
between interest income on such loans and total funding costs of all these
lending activities to make provisions for credit risk and shall ensure that the
balance of the risk provision fund for other loans does not exceed the amount
required to be provided under Clause 2 Article 15 of this Decree.
3. Provisioning for credit risk
shall be made on a quarterly basis. For the annual accounting period,
provisioning shall be made at the time of finalization based on debt
classification results as at November 30 of the financial year.
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1. VDB’s credit risk provision
funds include the fund for provisions related to State investment credit, State
export credit, and guaranteed obligatory loans, and the fund for provisions
related to other loans. These funds are formed from the following sources:
a) Provisioning for credit risk
under Article 16 of this Decree;
b) Recoveries of principal amounts
previously written off using the credit risk provision fund;
c) The difference where the selling
price of an on-balance-sheet debt, after deducting costs related to debt sale
in accordance with law, exceeds the carrying amount of such debt (principal and
interest) as prescribed;
d) Transfers of balances of the
provision fund for State investment credit lending, State export credit lending
and the guarantee risk provision fund into the fund for provisions related to
State investment credit, State export credit, and guaranteed obligatory loans;
transfers of balances of the provision fund for other lending activities into the
fund for provisions related to other loans at the effective date of this
Decree;
dd) Other sources as prescribed by
law.
2. VDB shall manage and separately
monitor each credit risk provision fund and use them to handle risks in
accordance with the Regulation on handling credit risk at VDB promulgated by
the Prime Minister.
a) The provision fund for State
investment credit, State export credit, and guaranteed obligatory loans shall
be used to handle risks of debts arising from State investment credit, State
export credit, and guaranteed obligatory loans in accordance with law; the
provision fund for other loans shall be used to handle risks of other loans in
accordance with law;
b) Where the balance of the
provision fund for State investment credit, State export credit, and guaranteed
obligatory loans exceeds the required provisioning amount, VDB shall reverse
the excess to income;
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d) Where the credit risk provision
funds are insufficient to cover the risks approved for handling in the year,
VDB shall report so that the Ministry of Finance assumes the prime
responsibility and coordinates with the Ministry of Planning and Investment to
submit to the Prime Minister for consideration and decision in accordance with
law.
Article 18.
Other provisions
VDB shall, based on regulations
applicable to enterprises and commercial banks on provisioning and use of
provisions for inventory devaluation, impairment of financial investments,
doubtful receivables, and other provisions, and based on its financial
capacity, determine annual provisioning amounts to be charged to expenses.
Chapter IV
INTEREST RATE SUBSIDY
AND MANAGEMENT FEE
Article 19.
Interest rate subsidy
1. VDB shall receive interest rate
subsidies from the State to:
a) Perform lending tasks for State
investment credit and State export credit and perform credit guarantee
obligations for small and medium-sized enterprises borrowing from commercial
banks under signed guarantee contracts in accordance with law;
b) Provide post-investment support
for post-investment support contracts arising before the effective date of
Decree No. 32/2017/ND-CP.
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3. The Ministry of Finance shall
provide specific guidance on interest rate subsidies for VDB.
Article 20.
Management fee
1. VDB shall receive a management
fee from the State, calculated as a percentage (%) of the average outstanding
balance of State investment credit, State export credit, and guaranteed
obligatory loans as provided in this Decree. For loans disbursed under credit
contracts signed after the effective date of Decree No. 32/2017/ND-CP, the
management fee shall be calculated only on the average outstanding balance
excluding frozen and overdue debts.
2. Principles for determining the
management fee rate:
a) The management fee rate shall be
fixed for each three-year period. It shall be determined based on the
operational performance indicators assigned by the Government or the Prime
Minister, VDB’s financial situation, State-prescribed norms and regimes, and
actual funding needs, ensuring VDB’s financial autonomy, sufficient funding for
operations, and provisioning for credit risk related to State investment
credit, State export credit, and guaranteed obligatory loans in accordance with
this Decree;
b) Key indicators used as the basis
for determining and adjusting the management fee rate in each period include:
projected outstanding loan balance, projected credit targets assigned for the
period, expenses for risk provisioning, and expenses for organizational
operation as prescribed in Article 23 of this Decree.
3. VDB shall propose a management
fee rate and report it to the Ministry of Finance for submission to the Prime
Minister for consideration and decision. The proposal shall include: legal
grounds, principles, bases and methods, and detailed calculations of each
category of operating expenses, provisioning expenses, and other related costs.
In case of extraordinary cost
fluctuations due to additional functions and tasks assigned by competent
authorities, natural disasters, wars, or other objective causes requiring
adjustment of the management fee rate, VDB shall report to the Ministry of
Finance for submission to the Prime Minister for appropriate adjustment.
Article 21.
Procedures for preparation of estimates and implementation of annual interest
rate subsidy and management fee funding from the state budget
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2. Based on the state budget
estimate for interest rate subsidy and management fee funding, the amount
exceeding the assigned estimates from previous years, actual expenditure
incurred in the previous quarter, and projected expenditure of the current
quarter as reported by VDB, the Ministry of Finance shall make provisional
quarterly payments to VDB within the scope of the annual state budget estimate
and finalize accounts after the end of the fiscal year.
3. Where the actual amount of
interest rate subsidy and management fee funding exceeds the allocated
estimate, the shortfall shall be incorporated into the following year’s budget
estimate. Where the actual amount is less than the allocated estimate, it shall
be handled in accordance with the Law on State Budget, the Law on Public
Investment, and relevant guiding or amending documents (if any).
Chapter V
INCOME, EXPENSES, AND
SALARY REGIME OF VDB
Article 22.
Income of VDB
1. Income from banking operations:
a) Interest income from State
investment credit, State export credit, and guaranteed obligatory loans;
b) Interest income from other
loans;
c) Guarantee fees;
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dd) Deposit interest income;
e) Income from debt trading;
g) Interest rate subsidy income as
prescribed in Point a Clause 1 Article 19 of this Decree;
h) Management fee funding from the
state budget;
i) Fees from entrusted fund
allocations and entrusted lending;
k) Income from foreign exchange
operations;
l) Income from payment and treasury
services;
m) Income from trading,
discounting, and rediscounting of valuable papers;
n) Interest income from written-off
debts reinstated and monitored off-balance sheet;
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2. Other income:
a) Income from service activities
and from leasing of VDB’s assets;
b) Exchange rate differences;
c) Income from disposal and
liquidation of assets;
d) Penalties collected from
customers’ contractual violations;
dd) Income from capital
contribution and transfer of equity interests;
e) Other income as prescribed by
law.
Article 23.
Expenses of VDB
1. Expenses for banking operations:
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b) Expenses related to issuance,
trading, discounting, and rediscounting of valuable papers, and capital
mobilization;
c) Expenses for capital
contribution and transfer of equity interests;
d) Expenses for participation in
the money market; expenses for payment and treasury services, including payment
service charges, cash transportation and handling, counting, sorting and
packaging, cash protection, and other costs related to payment and treasury
activities;
dd) Exchange rate difference losses;
expenses for foreign exchange operations;
e) Taxes, fees, and charges payable
as required by law;
g) Commissions, brokerage and
agency fees, and entrusted operation costs;
h) Other expenses for banking
operations, including expenses for recovery of written-off debts and
non-performing loans; debt trading costs; expenses for seizure, custody, and
utilization of collateral; expenses for handling capital or asset losses and
loans after compensation from available sources; legal fees, advisory fees,
court fees, and enforcement fees; payments for debts previously written off as
uncollectible but later identified as payable; unrecoverable income already
recognized and not reversed; outsourced service costs supporting banking
operations; and other relevant expenses.
2. Expenses for provisioning:
a) Expenses for credit risk
provision funds as prescribed in Article 16 of this Decree;
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3. Administrative expenses:
a) Personnel and management
expenses: Salaries, remunerations, and bonuses; statutory contributions
including social insurance, health insurance, unemployment insurance,
occupational accident and disease insurance, and trade-union funding; meal
allowances; labor protection and transaction uniforms; allowances and benefits
for female employees; medical and annual leave expenses; welfare expenses in
accordance with regulations applicable to single-member limited liability
companies wholly owned by the State, with total welfare expenses not exceeding
one month’s average actual salary of the year; severance and job-loss
allowances and other expenses as prescribed by law;
b) Administrative and public
service expenses: Travel expenses; electricity, water, postage,
communications, fuel, materials, paper, printing ink, office supplies; books,
newspapers, and documentation purchases; research and application of science
and technology; professional training; innovations to improve operational
efficiency of VDB; implementation of schemes and projects serving VDB’s
management and operations; hiring of domestic and foreign consultants and
experts; outsourced labor; inspection, supervision, audit, and finalization
costs; environmental protection, security, and fire-prevention costs; national
defense and security tasks; publishing, publicity, conferences, receptions,
ceremonies, public relations, and external affairs; inbound and outbound
missions; administrative penalties and contract penalties (excluding those for
which individuals are personally liable); industry association fees to which
VDB belongs; support for Party and socio-political organizations (beyond
amounts financed by such organizations); and other expenses as prescribed by
law;
c) Asset-related expenses:
Depreciation of fixed assets under general regulations for enterprises;
purchase of tools and instruments; asset lease payments (if rent is prepaid for
several years, it shall be amortized over the period of use); maintenance,
repair, and operation of assets; asset insurance; and liquidation and disposal
of assets, including residual asset values (if any).
4. Expense norms specified in
Clause 3 of this Article shall comply with regulations applicable to
single-member limited liability companies wholly owned by the State. Where such
regulations are not available or do not limit spending levels, VDB shall
establish its own norms based on its financial capacity to ensure
appropriateness, efficiency, and legal accountability.
Article 24.
Expenses not recognized as operating expenses of VDB
1. Losses already compensated by
the State, insurers, or responsible parties.
2. Penalties for which individuals
are personally liable, including administrative, environmental, overdue-loan,
or financial-regime violations due to subjective causes.
3. Capital construction investment,
procurement, upgrading, or renovation of fixed assets funded by capital
construction investment sources.
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5. Donations to localities, social
organizations, or other agencies.
6. Expenses exceeding the norms
prescribed in this Decree and relevant legal documents.
7. Expenses financed by other
funding sources.
Article 25.
Salary regime of VDB
VDB shall manage labor, salaries,
remunerations, and bonuses for employees and managers in accordance with
regulations applicable to single-member limited liability companies wholly
owned by the State, consistent with the nature, organizational model, and
operations of VDB and the guidance of the Ministry of Labor - Invalids and
Social Affairs.
Chapter VI
FINANCIAL RESULTS,
ALLOCATION, AND USE OF FUNDS
Article 26.
Financial results and distribution thereof
1. Financial result means the
difference between total income and total expenses incurred during a financial
year:
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b) VDB’s financial result for the
year shows a deficit when the difference between income and expenses is
negative (-).
2. When the annual financial result
shows a surplus, after offsetting any deficit carried forward from previous
years (if any), the surplus shall be distributed as follows:
a) 5% shall be appropriated to the
charter capital reserve fund, the maximum of which shall not exceed VDB’s
charter capital;
b) 10% shall be appropriated to the
financial reserve fund, the maximum of which shall not exceed 25% of VDB’s
charter capital;
c) Up to 25% shall be appropriated to
the development investment fund;
d) Appropriation to the bonus and
welfare funds for VDB employees:
For a Class A-rated VDB: 3 months
of actual average salary shall be appropriated to the two funds;
For a Class B-rated VDB: 1.5 months
of actual average salary shall be appropriated to the two funds;
For a Class C-rated VDB: 1 month of
actual average salary shall be appropriated to the two funds;
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For a Class A-rated VDB: 1.5 months
of actual salary of managers and members of the Supervisory Board shall be
appropriated;
For a Class B-rated VDB: 1 month of
actual salary of managers and members of the Supervisory Board shall be
appropriated;
For a Class C-rated VDB: no bonus
fund for managers and members of the Supervisory Board shall be appropriated;
e) If the remaining surplus after
appropriations under Points a, b, and c of this Clause is insufficient to
appropriate the bonus and welfare funds for employees and the bonus fund for
managers and the Supervisory Board as prescribed, VDB may reduce the
appropriation to the development investment fund to ensure sufficient
appropriations for such funds, provided that the reduction shall not exceed the
total annual appropriation to the development investment fund in the financial
year;
g) The remaining amount after all
appropriations above shall be added to the charter capital reserve fund.
3. When the annual financial result
shows a deficit, VDB may carry forward the shortfall (where income is less than
expenses) to the following years, for a period not exceeding 5 years. If after
5 years the deficit has not been fully offset, VDB shall report to the Ministry
of Finance, which shall assume the prime responsibility and coordinate with the
Ministry of Planning and Investment to submit to the Prime Minister for
consideration and decision.
Article 27.
Management and use of funds
1. The use of VDB’s funds must
comply with proper purposes and beneficiaries:
a) VDB shall formulate and
promulgate internal Regulations on the management and use of funds in
accordance with law. The Regulations must ensure democracy, transparency,
participation of the Executive Committee of VDB’s Trade Union, and internal
disclosure before implementation;
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2. The charter capital reserve fund
shall be used to supplement charter capital.
3. The financial reserve fund shall
be used to:
a) Offset the remaining portion of
asset losses or damages arising during operations after compensation from
responsible organizations or individuals, insurers, and provisions recognized
as expenses;
b) Be used for other purposes as
prescribed by law;
c) The Board of Directors of VDB
shall decide on the use of the financial reserve fund.
4. The development investment fund
shall be used to:
a) Expand operational scale, renew
technologies, upgrade equipment and working conditions, and supplement VDB’s
charter capital;
b) The Board of Directors of VDB
shall decide on the use, forms, and methods of investment in accordance with
regulations applicable to single-member limited liability companies wholly
owned by the State.
5. The bonus fund for employees
shall be used to:
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b) Provide ad-hoc bonuses to
individuals or collectives within VDB who have achieved technical innovations
or process improvements yielding operational efficiency. The level of bonuses
shall be decided by the Board of Directors;
c) Provide bonuses to individuals
or entities outside VDB that have contributed effectively to VDB’s operations.
The level of bonuses shall be decided by the Board of Directors.
6. The bonus fund for managers and
the Supervisory Board shall be used to:
a) Provide annual and end-of-term
bonuses to the Chairperson and members of the Board of Directors, members of
the Supervisory Board, the General Director, Deputy General Directors, and the
Chief Accountant of VDB;
b) The level of annual and
end-of-term bonuses shall be decided by the State capital representative agency
based on the level of task completion and operational performance of VDB, upon
the proposal of the Chairperson of the Board of Directors;
c) In cases where the Chairperson,
members of the Board of Directors, members of the Supervisory Board, the
General Director, Deputy General Directors, or Chief Accountant are commended
or rewarded under the Law on Emulation and Commendation, payments shall be made
from the employee bonus fund of VDB in accordance with the reward levels
prescribed by law.
7. The welfare fund shall be used
to:
a) Invest in construction or
renovation, and contribute additional capital for welfare facilities of VDB;
b) Finance collective cultural,
sports, and public welfare activities for VDB’s employees;
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d) Finance other welfare
activities.
The Board of Directors and the
General Director, in coordination with the VDB Trade Union, shall manage and
use this fund.
Chapter VII
ACCOUNTING REGIME,
FINANCIAL PLAN, REPORTING, AND AUDIT
Article 28.
Accounting method, accounting and statistical regime
1. Accounting method:
a) VDB shall account for income and
expenses according to the cash basis of accounting (except for interest rate
subsidy revenue as provided in Point a Clause 1 Article 19 of this Decree and
management fees funded by the state budget, which shall be accrued revenue; and
for salary funds not fully disbursed within the year, which shall be accrued
expenses). VDB shall be responsible before law for the accuracy and
truthfulness of all revenues and expenditures, and shall comply with legal
provisions on the use of invoices and accounting vouchers;
b) Within a maximum period of 5
years from the effective date of this Decree, VDB must switch to the accrual
accounting method.
2. VDB shall apply the accounting
regime guided by the Ministry of Finance. Statistical work of VDB shall
be performed in accordance with law.
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Article 29.
Annual financial plan report
The annual financial plan report of
VDB shall include the following contents:
1. Capital source and use plan,
including:
a) Total capital sources during the
year, with details such as: charter capital; state budget capital allocated for
tasks assigned by the Government or the Prime Minister; domestically and
internationally mobilized capital (including Government-guaranteed bond
issuance); Government foreign loans re-lent by VDB under agreements with donors
or re-lending contracts with the Ministry of Finance (if any); and other lawful
sources (if any);
b) Total annual capital utilization
needs, with details such as: repayment of due borrowings (including
repayment of Government-guaranteed bonds); fulfillment of the State investment
credit targets assigned by the Prime Minister; implementation of re-lending of
Government foreign loans; other tasks assigned by the Government or the Prime
Minister; and other capital uses (if any);
c) Accompanying explanatory notes
(if any), including projected non-performing loan (NPL) ratio for the planning
year.
2. Plan for interest rate subsidy
and management fee funding.
3. Plan for capital construction
investment, procurement, upgrading, and modernization of assets, including
indicators such as: projected investment needs for ongoing and new construction
projects; procurement of new assets, upgrading, and modernization of existing
assets; planned funding sources from the development investment fund, state
budget capital (if any), and other lawful sources.
4. Projected income, expenses, and
financial result, including: estimated total income (interest on loans,
deposit interest, fees, interest rate subsidy income as prescribed in Point a
Clause 1 Article 19, and management fees to be received in the planning year);
estimated total expenses (operating expenses, provisioning expenses, and
administrative expenses); and the projected financial result for the year.
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6. Plan for post-investment support
for contracts arising before the effective date of Decree No. 32/2017/ND-CP and
for additional funding of guarantee reserve funds as prescribed by law.
7. Preparation and submission of
the financial plan report:
a) The preparation and submission
of medium-term and annual public investment capital plans by VDB shall comply
with the Law on State Budget, the Law on Public Investment, and related guiding
or amending documents;
b) Within 10 working days after the
Prime Minister issues the decision on the annual limit for
Government-guaranteed bond issuance, based on the previous year’s performance,
VDB shall review and finalize the financial plan report and submit it to the
Ministry of Finance for the purpose of financial supervision and performance
evaluation;
c) The Ministry of Finance shall
review the report, issue official written comments, and assign performance
evaluation and classification indicators to VDB no later than 30 working days
after the Prime Minister’s decision on the annual bond issuance limit.
Based on the Ministry of Finance’s opinion, the Board of Directors shall
approve VDB’s annual financial plan. Based on the approved plan, VDB shall
organize the implementation of all assigned indicators and targets as provided
in this Article.
8. Based on the approved plan, VDB
shall organize the implementation of all assigned indicators and targets as
provided in this Article.
Article 30.
Audit
1. VDB shall conduct internal audit
and publicly disclose its annual financial performance results in accordance
with law and shall be responsible for the accuracy of the published data.
2. VDB’s annual financial
statements shall be audited by the State Audit Office of Vietnam or by an independent
auditor.
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4. Within 30 days from the date of
receiving the audited financial statements, VDB must send them to the Ministry
of Finance and the SBV, and publicly disclose the audited financial statements
in accordance with law.
Article 31.
Reporting regime
1. Financial plan report as
prescribed in Article 29 of this Decree.
2. Financial statements/Financial
finalization reports, including:
a) Statement of financial position
(balance sheet);
b) Statement of financial
performance (income statement);
c) Cash flow statement;
d) Notes to the financial
statements.
3. Operational reports, including:
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b) Report on loan classification of
VDB;
c) Report on provisioning for
credit risk;
d) Report on interest rate subsidy
and management fee funding.
4. Operational performance reports,
including:
a) Management and use of capital
and assets for all activities of VDB as prescribed in Article 8 of this Decree;
b) Implementation of the regime on
salaries, remunerations, bonuses, responsibility allowances, and other benefits
for VDB’s employees, managers, and Supervisory Board in accordance with
applicable laws;
c) Financial results and
appropriations to funds after profit-loss reconciliation of VDB;
d) Annual performance evaluation of
VDB according to the criteria prescribed in this Decree.
5. Preparation and submission of
reports:
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b) Regarding operational reports:
these shall be submitted to the Ministry of Finance on a quarterly, annual, and
ad-hoc basis as requested;
c) Regarding operational
performance reports: VDB shall prepare and submit these to the Ministry of
Finance and the SBV every six months; the Board of Directors shall attach the
Supervisory Board’s appraisal report when submitting to the Ministry of Finance
and the SBV;
d) Based on VDB’s financial
statements, operational reports, and related documents, every six months the
Ministry of Finance shall consolidate and submit a report to the Prime Minister
after consulting the Ministry of Planning and Investment and the SBV.
Chapter VIII
PERFORMANCE EVALUATION
Article 32.
Performance evaluation criteria
1. Annual performance evaluation
criteria of VDB include:
a) Criterion 1: State investment
credit performance;
b) Criterion 2: Non-performing loan
(NPL) ratio;
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d) Criterion 4: Compliance with
laws on investment, management, and use of State capital by VDB in operations
arising during the evaluation year;
dd) Criterion 5: Compliance with
reporting regime as prescribed in Article 31 of this Decree.
2. The criteria specified in Clause
1 of this Article shall be determined and calculated based on data in the
audited separate financial statements and periodic statistical reports in
accordance with law.
3. In calculating the criteria
specified in Clause 1 of this Article, the following factors shall be excluded:
a) Objective causes to be excluded
as prescribed for evaluating performance of State enterprises;
b) Non-performing loans arising
from borrowers under restructuring decisions of competent State authorities, or
from lending under Government or Prime Minister’s decisions;
c) Impacts from changes in State
policies affecting VDB’s performance;
d) Delays in State budget capital
allocation affecting VDB’s financial position.
4. Evaluation of VDB managers’
performance shall be based on:
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b) VDB’s classification results as
prescribed in Article 33 of this Decree.
5. The Ministry of Finance shall
provide guidance on the determination of evaluation indicators under Clauses 1,
3, and 4 of this Article in accordance with VDB’s operational characteristics,
and on methods for evaluating and classifying managerial performance.
Article 33.
Evaluation and classification of VDB
1. The evaluation and classification
of VDB shall be based on the audited separate financial statements, and
conducted in accordance with regulations applicable to State enterprises and
this Decree.
2. The Ministry of Finance shall
provide detailed guidance on the evaluation and classification methods
appropriate to VDB’s nature and operations, and review the financial plan to
assign annual evaluation and classification indicators to VDB after the Prime
Minister issues decisions on the State development investment credit plan and
the Government-guaranteed bond issuance limit.
Chapter IX
RESPONSIBILITIES OF
STATE MANAGEMENT AGENCIES AND THE VIETNAM DEVELOPMENT BANK
Article 34.
Responsibilities of the Ministry of Finance
1. Exercise the function of State
financial management over VDB, provide guidance on the contents assigned under
this Decree, and on other necessary financial management matters relating to
VDB.
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3. Provide interest rate subsidy,
management fee, and other funding in accordance with law.
4. Handle financial issues related
to VDB within its competence or report to higher authorities for consideration
and decision.
5. Conduct inspections of
compliance with financial laws in accordance with the Law on Inspection.
6. Submit to the Government
proposals for amendments or supplements to this Decree when necessary.
Article 35.
Responsibilities of the Ministry of Planning and Investment
1. Assume the prime responsibility
and coordinate with the Ministry of Finance in submitting to the Prime Minister
proposals on allocating in the development investment expenditure
estimates the amounts for interest rate subsidies, management fees, and additional
charter capital (if any) for VDB, ensuring timely disbursement; and in
submitting to competent authorities for decision the annual plan on State
development investment credit capital for VDB.
2. Coordinate with the Ministry of
Finance in developing and handling, within its competence, proposals related to
the financial management and performance evaluation regime applicable to VDB.
Article 36.
Responsibilities of the SBV
1. Assume the prime responsibility
and coordinate with the Ministry of Finance and relevant ministries and
agencies in guiding VDB on loan classification and other prudential regulations
in line with VDB’s nature and operations.
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Article 37.
Responsibilities of the Ministry of Labour, War Invalids and Social Affairs
The Ministry of Labour, War
Invalids and Social Affairs shall assume the prime responsibility for providing
guidance on the management of labour, salaries, remunerations, and bonuses for
VDB’s employees and managers as prescribed in Article 25 of this Decree, after
the completion of the salary regime during the restructuring period as provided
in Clause 2 Article 40 of this Decree.
Article 38.
Responsibilities of ministries, sectors, and provincial-level People’s
Committees
Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, and Chairpersons of
People’s Committees of provinces and centrally run cities shall inspect and
supervise VDB’s operations within their assigned functions, tasks, and in
accordance with law.
Article 39.
Responsibilities of the Vietnam Development Bank (VDB)
1. VDB shall be responsible before
the Government and the Prime Minister for the capital and other resources
assigned to it in accordance with its Charter of organization and operation and
this Decree.
2. VDB shall proactively develop
and submit to the Ministry of Planning and Investment a proposal for approval
by competent authorities on the State development investment credit capital
plan, consistent with the budgeted interest rate subsidy and management fee
allocations.
3. VDB shall fully organize and
implement all contents provided in this Decree.
4. VDB shall perform other tasks as
prescribed by law and by its Charter of organization and operation.
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Chapter X
IMPLEMENTATION
Article 40.
Mechanisms during the restructuring period
VDB shall apply specific mechanisms
during its restructuring period as decided by the Prime Minister and in cases
where interest rate subsidy, management fee, and other payments have not been
fully made in accordance with law, including:
1. VDB shall not be required to
deduct accumulated negative profit-loss differences (if any) when determining
own capital as provided in Article 7 of this Decree for the purpose of
calculating VDB’s credit limit, until such negative difference is fully
resolved.
2. The salary regime and salary
fund of VDB shall be determined based on the following principles:
a) Employee salaries shall be based
on the average salary actually implemented in 2018 and adjusted annually
according to the consumer price index (CPI) growth rate compared to 2018;
b) Manager salaries shall depend on
performance evaluation results, and in the case of full task completion, shall
not exceed the salary level prescribed in Appendix II to Decree No.
52/2016/ND-CP dated June 13, 2016, of the Government, and its amendments,
supplements, or replacements (if any);
c) The Ministry of Finance shall
evaluate VDB managers’ performance and approve the annual salary fund for
managers after consulting the Ministry of Labour, War Invalids and Social
Affairs.
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a) Funding for implementing the
support policies under this Article shall be accounted as VDB’s administrative
expenses;
b) The Vietnam Social Security
shall be responsible for implementing social insurance policies for employees
as prescribed in this Clause.
Article 41.
Transitional provisions
1. The remaining balance of capital
mobilized by VDB to offset the shortage of the Guarantee Reserve Fund used to
fulfill guarantee obligations for small and medium-sized enterprises (SMEs)
borrowing from commercial banks prior to the effective date of this Decree
shall be eligible for interest rate subsidy from the state budget.
2. The performance evaluation of
VDB managers before 2021 shall comply with Articles 14, 15, 16, and 17 of
Decree No. 97/2015/ND-CP dated October 19, 2015, of the Government on the
management of persons holding positions and titles in wholly State-owned
single-member limited liability companies.
Article 42.
Entry into force
1. This Decree comes into force as
of June 1, 2021, and applies from the financial year 2021.
2. The Financial Management
Regulation for the Vietnam Development Bank promulgated together with Decision
No. 44/2007/QD-TTg dated March 30, 2007, of the Prime Minister, and Article 16
on loan classification and provisioning under Decree No. 32/2017/ND-CP dated
March 31, 2017, of the Government on State investment credit, shall cease to be
effective from the effective date of this Decree.
3. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, Chairpersons of
People’s Committees of provinces and centrally run cities, and the Chairperson
of the Board of Directors and General Director of VDB shall be responsible for
the implementation of this Decree.
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ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc