THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.110/2000/TT-BTC
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Hanoi,
November 14, 2000
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CIRCULAR
GUIDING THE MANAGEMENT AND USE OF STATE ENTERPRISES' CAPITAL
FORINVESTMENT AND CONSTRUCTION
Pursuant to the State Enterprises Law;
Pursuant to the Government’s Decree No.52/1999/ND-CP dated July 8,1999
promulgating the Regulation on Investment and Construction Management;
Pursuant to Decree No.12/2000/ND-CP dated May 5, 2000 amending andsupplementing
a number of Articles of the Regulation on Investment and ConstructionManagement
issued together with the Government’s Decree No.52/1999/ND-CP dated July8,
1999;
Pursuant to the Government’s Decree No.59/CP of October 3, 1996promulgating the
Regulation on financial management and business cost-accounting for
Stateenterprises;
Pursuant to the Government’s Decree No.27/1999/ND-CP dated April20, 1999
amending and supplementing the Regulation on financial management and
businesscost-accounting for State enterprises, issued together with the
Government’s DecreeNo.59/CP dated October 3, 1996
After consulting with the Ministry of Construction, the Ministry ofFinance
hereby guides the management and use of State enterprises’ capital
forinvestment and construction as follows:
I. GENERAL PROVISIONS
1. Subject to this Circular are projects using
development investmentcapital of State enterprises (abbreviated to SEs),
including those operating in the fieldof production and business and public
utility under the State Enterprises Law.
2. Projects using the SEs' development
investment capital are projectsthat use part of the capital supported by the
State budget, capital of the State budgetorigin, capital accumulated by
enterprises themselves, commercial credit capital fordevelopment investment,
development investment funds, financial reserve funds (to offsetproperty
losses), welfare funds (for investment in welfare projects), capital for
fixedasset depreciation and the State's revenues left to enterprises for
investment.
3. For projects on fixed asset repair, the
management and payment ofexpenses therefor shall comply with the SEs' current
financial management regime. Wherethe SEs use their own development investment
capital for investment in the repair of fixedassets, they shall have to comply
with the provisions of this Circular.
4. Projects using the SEs' development
investment capital shall have tostrictly observe the investment and
construction procedures and be included theenterprises' annual capital
construction investment plans. The SEs may organize payment bythemselves or
select capital-paying organizations to assist them in managing the paymentof
development investment capital.
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5. Investors of projects using the SEs'
development investment capitalshall have to organize the management and
implementation of investment projects, takeself-responsibility for projects’
capital preservation and investment efficiency onthe basis of strict compliance
with the current regimes and policies on investment andconstruction management
as well as the Bidding Regulation.
6. The agencies managing the SEs' finance shall
perform the function ofState finance management and supervise the use of
capital, ensuring the safety andefficiency for projects invested with the SEs'
development investment capital. The StateTreasury the Development Assistance
Fund, the commercial banks and State creditinstitutions (hereinafter referred
collectively to as the capital-paying organizations)shall have to assist the
SEs in inspecting and strictly controlling various stages of thecapital-paying
process, ensuring the timely and adequate supply for the projects
strictlyaccording to the prescribed regime and the project execution tempo, and
at the same timedetect for prompt prevention the use of capital for the wrong
purposes or in contraventionof the prescribed regime, which cause wastage or
loss of the SEs’ capital.
7. The ministries, ministerial-level agencies,
agencies attached to theGovernment, State corporations, associations and mass
organizations (referred collectivelyto as ministries) as well as the People's
Committees of the provinces and centrally-runcities (referred collectively to
as the provincial People's Committees) shall have tomanage and use investment
capital according to the State's regulations on investment andconstruction
management as well as the provisions of this Circular.
II. SPECIFIC PROVISIONS
1. The SEs’
development investment capital shall be usedfor investment and construction for
the following purposes:
- Investment projects for new construction,
renovation and upgrading of the alreadyinvested projects.
- Investment projects for the procurement of
properties, includingequipment and machinery not requiring installation, and
new science and technologyproducts.
The SEs shall have to manage and use capital
according to the currentrelevant regulations when using the development
investment capital for the followingpurposes:
- Buying shares, contributing stock capital,
contributing capital tojoint-ventures or other forms of investment.
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2. The SEs' development
investment capital shall be created from thefollowing sources:
2.1. The SEs' own capital, including:
+ The development investment fund;
+ The fixed asset depreciation capital;
+ The capital of the State budget origin;
+ The capital initially allocated by the State
budget;
+ The welfare fund (used for investment in
welfare projects);
+ The State's revenues left to enterprises for
investment.
The financial reserve fund shall be used only to
offset losses, damageor price reduction of the SEs' properties due to objective
or subjective causes.
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2.2. The development investment capital
mobilized by the SEs,including:
- The investment capital supported by the State
budget: The SEs'investment projects using the State budget-supported development
investment capital shallcomply with the provisions of the State Budget Law and
the Regulation on Investment andConstruction Management issued together with
the Governments Decree No.52/1999/ND-CP datedJuly 8, 1999 and Decree
No.12/2000/ND-CP of May 5, 2000 amending and supplementing anumber of articles
of the Regulation on Investment and Construction Management.
- The State’s development investment credit
capital andState-guaranteed credit capital: The SEs' projects using these
development investmentcapital sources shall comply with the provisions of the
Government's DecreeNo.43/1999/ND-CP dated June 24, 1999 on the State’s
development investment credit andthe State's Regulation on Investment and
Construction Management.
- The commercial credit capital: The SEs’
projects using thecommercial credit capital source shall have to comply with
the State’s currentregulations and the capital-lending credit institutions’
guidance on the use of suchcapital on the basis of the capital-lending
contracts.
- The capital mobilized from other sources, such
as the issuance ofenterprise bonds, joint-venture cooperation...: The SEs’
investment projects usingthese capital sources shall have to comply with the
State's current regulations.
3. The competence to
decide investment and investment execution forprojects using the SEs'
development investment capital is stipulated as follows:
3.1. For group-A projects using all above
capital sources (mentioned inPart II.2), the competence to decide investment
and investment execution shall apply asprovided for projects using the State
budget capital in the Investment and ConstructionManagement Regulation issued
together with the Government's Decree No.52/1999/ND-CP datedJuly 8, 1999 and
Decree No.12/2000/ND-CP dated May 5, 2000.
3.2. For group B- or C- projects using the SEs’
own capital(mentioned at Point 2.1, Part II. 2), the SES shall base themselves
on the branchdevelopment planning or plans already approved by the competent
authorities to decide theinvestment; for projects which use land, the land
locations and areas must be approved bythe competent People's Committees of the
localities where the land exist and the SEs mustfill in the procedures for land
allotment or land lease according to the provisions of theland legislation. The
competence to decide investment for group B- or -C projects usingthe SEs' own
capital is defined as follows:
- For the SEs being member enterprises of
corporations 91/TTg or90/TTg, the Managing Boards’ approval is required;
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- For independent SEs without Managing Boards,
the investment must beapproved by the enterprise general directors (or
directors).
- For investment projects of the public utility
SEs, the agenciesdeciding their establishment shall decide the investment or
authorize the enterprises todecide it.
Enterprises shall take self-responsibility for
the projects' investmentexecution process on the basis of strict compliance
with the State's current regimes andpolicies on investment and construction
management as well as the Bidding Regulation.
4. Elaboration and
submission of reports on the SEs' investment capitalplans:
4.1. On the basis of the execution tempo of
projects being invested,projects having gone through the investment preparation
stage and the SEs’ plans formobilization and use of investment capital sources,
the member SEs, independent SEs orcorporations shall elaborate their annual
investment capital plans.
For the SEs being member enterprises of
corporations 91/TTg or 90/TTgor the SEs with Managing Boards, their plans on
the use of investment capital must beapproved by the Managing Boards. For
independent SEs without Managing Boards, theirinvestment capital plans shall be
approved by the general directors (or directors).
4.2. After their investment capital plans have
been approved by thecompetent authorities, the SEs shall notify such to the
bodies managing finance ofenterprises so that the latter have basis for
monitoring, inspection and supervision, andat the same time report the already
approved investment capital plans to the corporations(if any), the ministries
or the provincial People's Committees (for projects falling undertheir
management competence).
4.3. The ministries, the provincial People's
Committees and theManaging Boards of corporations 91/TTg shall synthesize them
into their annual investmentcapital plans to be addressed to the Ministry of
Finance and the Ministry of Planning andInvestment.
5. Conditions for payment
of the SEs' investment capital:
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- Investment preparation: There must be
documents issued by thecompetent authorities according to the responsibility
division prescribed in theRegulation on Investment and Construction Management,
permitting the preparation forinvestment; and the corresponding cost estimates
therefor.
- Preparation for project execution: There must
be investment reportsor feasibility study reports and investment decisions
issued by the competent authoritiesaccording to the responsibility division
prescribed in the Regulation on Investment andConstruction Management; and the
cost estimates therefor.
- Execution of investment projects: There must
be technical designs andtotal cost estimates, which have already been approved
by the competent authorities. Forgroup A- or B- projects with technical designs
and total cost estimates not yet approved,the investment decision must specify
the capital level of each project item with thealready approved design and cost
estimate for its construction in the year.
5.2. For projects that have been included in the
enterprises’investment capital plans correspondingly to the project execution
tempo in the plan year,there must be decisions to set up the project management
boards (for cases where projectmanagement boards must be set up) and to appoint
the heads of the management boards, chiefaccountants or persons in charge of
accountancy to assist the SEs in managing the projectsaccording to regulations.
5.3. For projects for which bidders have been
appointed or biddingshave been organized for consultant selection, equipment
procurement, construction andinstallation under the Bidding Regulation, there
must be decisions approving the biddingresults, issued by the competent
authorities and economic contracts between the SEs andthe contractors.
5.4. There must also be the SEs’ approval of
payment for theconstruction and installation, equipment procurement or
consultancy volumes, irrespectiveof the form of self-performance or bidding
contracts.
Upon each payment of investment capital,
contractors shall have to handover to the SEs the following dossiers:
- For the completed construction and
installation volume:
+ The minutes on the pre-acceptance test of the
completed constructionand installation volume, attached with the written
calculation of the pre-acceptancetested volume.
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- For equipment volume:
+ The invoices-cum-delivery bills (for
domestically procuredequipment); or import voucher set (for imported equipment).
+ The warehousing bills (for equipment requiring
no installation) orminutes on the pre-acceptance test of the equipment
installation volume (for equipmentrequiring installation).
+ The vouchers on transportation, insurance,
taxes and warehousingcharges.
+ The price bills and payment vouchers.
- For consultancy volume:
+ The minutes on the pre-acceptance test of the
consultancy volume.
+ The payment vouchers.
For other paid jobs outside the jobs performed
by hired consultants ofthe projects, the expenses therefor shall be paid when
there are enough grounds to provethat the jobs have been performed.
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6. Organization of
investment capital payment:
The SEs shall, basing themselves on their annual
constructioninvestment plans, approved projects and contracts signed with
contractors (orself-performance contracts), ensure enough capital sources to make
payment on schedule tothe contracting units. The investment capital payment by
enterprises shall be effected inthe following forms.
- The SEs make self-payment: In this case, the
SEs shall takeself-responsibility for the control of investment capital payment
to the contractors andsuppliers.
- The SEs make payment through capital-paying
organizations: In thiscase, the SEs shall transfer their development investment
capital to the capital-payingorganizations in localities where they deploy the
execution of the investment projects.The capital- paying organizations shall
control and make payment at the SEs' requests.
In order to receive and manage the investment
capital payment by theSEs for investment projects at the capital-paying
organizations, investors shall have tofill in the procedures to open separate
accounts for monitoring investment projects atsuch organizations. The
procedures for account opening shall comply with the guidance ofthe
capital-paying organizations. The capital-paying organizations shall have to
createfavorable conditions for investors to open accounts and use them at the
serving units.
The SEs shall base themselves on the investment
project executiontempo, their investment capital plans for investment projects,
their capital sources’balance at the paying organizations and the demand for
capital at the time of payment totransfer investment capital to the paying
organizations.
7. The selection of the
forms of advancing capital, paying capital andrecovering advance investment
capital shall be agreed upon by the SEs (investors) andthe contractors
(for construction and installation, procurement of equipment, consultancy)and
effected on the basis of the SEs’ annual investment capital mobilization
plansand the State's current policies through contracts.
8. Investment capital
settlement: Upon the completion ofconstructions or investment projects,
investors shall have to settle the total investmentcapital of the projects
according to the Finance Ministry’s regulations guiding theinvestment capital
settlement.
The Ministry of Finance shall have to verify and
approve the investmentcapital settlements for group-A projects; the authorities
competent to decide theSEs’ investment shall have to verify and approve the
investment capital settlementsfor group B- and C- projects.
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III. RESPONSIBILITIES OF THE
RELEVANT AGENCIES
1. The ministries, the
provincial People's Committees:
- To guide the management and use of the SEs'
development investmentcapital according to the SE finance management function
assigned by the Government.
- To direct the management and control of the
process of managinginvestment capital and organize the summing up of the
situation on the use of the SEs'investment capital sources according to current
regulations and provisions of thisCircular.
2. The Managing Boards of
corporations 91/TTg and 90/TTg, theManaging Boards of independent
enterprises, the general directors (or directors) of theSEs shall have to
manage, preserve and efficiently use capital sources assigned to them bythe
State; and take self-responsibility for investment decision and the efficiency
ofinvestment projects.
- To direct the SEs (investors) in the
management and control of theprocess of managing investment capital and
organize the summing up of the situation on theuse of the SEs' investment
capital sources according to current regulations and provisionsof this
Circular.
3. Investors:
- To organize the management and execution of
investment projects,preserve and efficiently use the projects’ investment capital
on the basis of strictimplementation of the current regimes and policies on
investment and constructionmanagement as well as Bidding Regulation.
- To provide necessary documents and dossiers to
the agencies managingfinance of enterprises, the capital-paying organizations
and other relevant agenciesaccording to the State’s current regulations.
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- To abide by the regime on periodical reporting
and investment capitalsettlement according to the provisions of this Circular.
4. Capital-paying
organizations:
- To organize the control, payment and
accounting of investment capitalstrictly, according to the prescribed regime.
- To certify the already paid capital amount for
each project upon thesettlement.
- To closely control payment-requesting
vouchers, ensuring the supplyof capital in strict accordance with the contracts
and ratified projects.
- To be answerable to the investors and State’s
laws for the management andpayment of the SEs’ investment capital.
5. The agencies managing
finance of enterprises: shall take responsibility for
theinspection and implementation of investment decisions and settle the SEs’
investmentcapital.
IV. IMPLEMENTATION PROVISIONS
1. This Circular takes effect after its signing.
All the earlierprovisions on the management and use of the SEs' capital for
investment and constructioncontrary to this Circular are now annulled.
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FOR THE FINANCE MINISTER
VICE MINISTER
Vu Van Ninh