THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
232/1999/QD-TTg
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Hanoi,
December 17, 1999
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DECISION
ISSUING THE REGULATION ON FINANCIAL MANAGEMENT OF THE
DEVELOPMENT ASSISTANCE FUND
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Decree No. 43/1999/ND-CP of June 29, 1999 of the Government on the State
development investment credit;
Pursuant to Decree No. 50/1999/ND-CP of July 8,1999 of the Government on the
organization and operation of the Development Assistance Fund;
At the proposal of the Minister of Finance,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on Financial Management of the
Development Assistance Fund.
Article 2.- The Ministry
of Finance shall have to guide and inspect the implementation of the Regulation
issued together with this Decision.
Article 3.- This
Decision takes effect from January 1, 2000.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung
REGULATION
ON FINANCIAL MANAGEMENT OF THE DEVELOPMENT ASSISTANCE FUND
(Issued together with Decision No. 232/1999/QD-TTg of December 17, 1999 of
the Prime Minister)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation applies to the activities of financial management of the system of
the Development Assistance Fund (the Fund in short).
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The Fund is a unit of concentrated accounting in
the whole system; performs cash flow and cash flow settlement according to the
regime stipulated in this Regulation; is exempted from tax and other
remittances to the State budget in order to reduce the lending interest rate
and the guarantee charge.
Article 3.- The Fund
performs the task of mobilizing mid-term and long-term capital, receiving and
managing capital sources of the State reserved for development investment
credit in order to carry out the State policy of assistance to development
investment.
Article 4.- The Ministry
of Finance shall perform its State management function on finance and shall have
to guide and inspect the activities in financial revenues and expenditures of
the Fund.
Chapter II
CAPITAL, FUND AND ASSETS
Article 5.- Operating
capital of the Fund
1. The capital of the Fund is under State
ownership:
a/ Charter capital;
b/ The supplementary capital allocated each year
by the State budget shall be used for the investment target.
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2. The capital shall be mobilized in these
forms: mid-term and long -term borrowings from organizations and individuals in
the country and abroad, and borrowings from the Accumulation Fund for Foreign
Debt Repayment, the Postal Savings Fund, the Vietnam Social Insurance Fund;
capital from the issue of Government bonds; borrowings and foreign aid to the
Government for sub-lending with assignment from the Ministry of Finance.
3. Capital consigned to development investment
loans by organizations and individuals in the country and abroad.
Article 6.- The Ministry
of Finance shall conduct the allocation of capital under State ownership and
allocate the annual supplementary capital for the investment targets.
The Fund can use capital to make investment
loans, post-investment interest rate assistance and guarantee investment credit
according to regulations of the State. The Chairman of the Managing Council and
the General Director of the Fund shall have to manage safely and use for the
right purpose and effectively various capital sources of the Fund.
The Fund is entitled to change the structure of
the capital and assets within the system of the Fund to expand its activities.
Article 7.- The Fund is
entitled to make appropriation for the risk prevention reserve fund with
professional expenditures to make up for losses due to objective factors in the
process of carrying out projects borrowing development investment credit of the
State. The appropriation shall represent 2% of the revenues from the annual
lending interest. If it is not used up at the year�s
end, this reserve shall be retained to make up for the risks in the following
years. In case the risk prevention reserve fund cannot make up for the losses,
the Fund Managing Council shall report to the Ministry of Finance which shall
submit the case to the Prime Minister for consideration and decision.
The appropriation and use of the risk prevention
fund and the competence in dealing with the risks shall be conducted as stipulated
in Article 22 of Decree No. 43/1999/ND-CP of June 29, 1999 on development
investment credit of the State. The Ministry of Finance shall provide concrete
guidance on the implementation of this Regulation.
Article 8.- The Fund is
allowed to set up the guarantee reserve fund to pay to credit organizations
when the guaranteed investors fail to pay their debts in due time. The maximum
level of the reserve fund is 5% of the total credit capital on development
investment of the State (except the sub-lent ODA). If the fund is not used up
at the year�s
end, it shall be converted into capital for loans in the following year. In
case the guarantee reserve fund is not enough to carry out the guarantee duty,
the Fund Managing Council shall report to the Ministry of Finance and the case
shall be submitted to the Prime Minister for decision.
The principle, object, interests, obligations
and process of guarantee shall comply with the stipulations in Section III of
Decree No. 43/1999 /ND-CP of June 29, 1999 on State credit for development
investment and current regimes of the State.
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In implementing the task of investment credit
assigned by the State, the Fund shall receive State compensations for the
difference in interest rates. The allocation shall be determined on the basis
of the difference between the average interest rate of the capital sources and
the prescribed interest rate of loans plus the eligible management cost.
The management cost in the first five years
after establishment of the Fund is set at 0.2% /month of the average debit
balance on loans made with credit capital in the country and 0.3%/year of the
debit balance of loans made with credit capital from foreign countries.
For the projects enjoying post-investment
interest rate assistance stipulated by the Government, the Fund shall be
allocated by the State budget a post-investment interest rate assistance. The
level of assistance shall comply with the stipulations in Article 28 of Decree
No.43/1999 /ND-CP of June 29, 1999 on development investment credit of the
State.
The Ministry of Finance shall provide concrete
guidance on the financial regime for the allocation to make up for the
difference in interest rates and the post-investment interest rate assistance.
Article 10.- The Fund
is allowed to use the sources of credit capital for development investment for
the following aims:
1. Investment loans.
2. Post-investment interest rate assistance.
3. To secure guarantee for investment credit.
4. To repay the loans from organizations and
individuals in the country and abroad.
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Article 11.- Investment
capital in capital construction and purchase of fixed assets.
1. The investment capital for capital
construction and purchase of fixed assets of the Fund shall be formed from
these sources: allocations by the State budget, depreciation of fixed assets,
development investment fund and other legal sources.
2. The fixed asset depreciation rate; the
management and use of the investment capital in capital construction and
purchase of fixed assets; assignment and liquidation of assets; inventory and
revaluation of assets of the Fund shall conform with the stipulations for State
enterprises.
Article 12.- Guarantee
of recovery of capital of the Fund.
The Fund shall have to manage and use the investment
capital for the right purpose and objects, effectively, and guarantee recovery
of capital and offsetting of expenditures.
The Fund shall assure recovery of capital
according to the following regulations:
1. To buy insurance for assets and other insurances
related to its capital as prescribed.
2. The Fund can use its idle capital:
a/ To invest in Government bonds and credit
bills;
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c/ To make initial production capital loans to
the investment projects eligible for loans from the Fund.
The use of idle capital for investment by the
Fund must assure the security of capital and effectiveness and must not affect
the tasks of development investment credit of the State. The level of capital
used for lending shall conform with Clause 2 of this Article and shall not
exceed 20% of the total of the temporary idle capital of the Fund.
3. The Fund is allowed to account into its
expenditures the following items:
a/ Risk prevention reserve in the process of
operation.
b/ Risk prevention reserve on exchange rate.
The Ministry of Finance shall provide concrete
guidance on the appropriation and use of the above reserves.
Chapter III
FINANCIAL REVENUES AND
EXPENDITURES
Article 13.- Revenues
of the Development Assistance Fund.
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a/ Collection of loan interest ;
b/ Collection of deposit interest,
c/ Collection of guarantee service charge at the
rate of 0.5% /year on the amount being guaranteed for the investor;
d/ Collection of assignment charge on
sub-lending;
e/ Collection of compensations for difference of
interest rates allocated by the State budget;
f/ Collection from professional and other service
activities.
2. Revenues from financial operations:
a/ Revenues from the buying and selling of
Government bonds and credit bills;
b/ Revenues from lease of assets.
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a/ Fines;
b/ Revenues from liquidation, assignment of
assets (after exclusion of liquidation and assignment costs).
c/ Other unexpected revenues.
Article 14.-
Expenditures of Development Assistance Fund
1. Expenditures for professional activities:
a/ Payment of interest on mobilized capital;
b/ Payment of loan interest;
c/ Payment of bond interest;
d/ Expenditures in payment activities;
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f/ Payment for risk prevention reserve;
g/ Other expenditures for professional
activities.
2. Management costs:
a/ Payment of wages and wage allowances
according to the regime proposed by the Ministry of Labor, War Invalids and
Social Affairs to the Prime Minister for decision;
b/ Payment of social and health insurance,
payment of trade union fee according to the State regime;
c/ Payment for meals between work-shifts.
Allowance for each person shall not exceed the minimum wage prescribed by the
State for workers and public employees;
d/ Hardships allowances according to law;
e/ Allowances for members of the Managing
Council on half-time assignments.
f/ Allowances on transactions dresses;
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h/ Expenditures on depreciation of fixed assets.
The level of appropriation shall be stipulated by the Ministry of Finance as
for a State enterprise.
i/ Postal charge, expenditures on the repair and
maintenance of fixed assets, purchase of work tools, office equipment,
warehouses, portering and transport, electricity and water, healthcare,
sanitation of the office, fuel, working trip allowance, expenditures on
professional training and fostering, scientific research, technology,
innovations and improvements;
j/ Expenditures on propaganda, press
conferences, transactions, reception of guests and meetings. These expenditures
must not exceed 7% of the total expenditure in the first two years after
establishment, and not more than 5% in the following years;
k/ Other management costs as prescribed.
3. Expenditures in financial operations:
a/ Expenditures on purchase and sale of Government
bonds and credit bills;
b/ Expenditures on property lease;
4. Unexpected expenditures:
a/ Expenditures on the recovery of remised
debts;
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c/ Expenditures on insurance for assets and
other insurances as prescribed.
d/ Other expenditures.
Article 15.- The Fund
shall account the expenditures according to the prescribed regime and take
responsibility before law for their accuracy and carry out all the regulations
on the regime of accountancy receipts and vouchers.
Article 16.- The
following expenditures must not be accounted for in the activities of the Fund:
1. Damage to which the Government has provided
assistance or have been compensated by the insurance agency or the
damage-causing party.
2. Payment of fines for administrative
violations, environmental violations, debts left overdue for subjective
reasons, fines occasioned by violations of the financial regime.
3. Expenditures on capital construction
investment and purchase of fixed assets.
4. Expenditures paid for by other funding
sources.
Chapter IV
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Article 17.- The
difference in financial revenues and expenditures in the year as a result of
the financial activities of the Fund is determined by the difference between
the total revenues and the total expenditures made in the year.
Article 18.- Distribution
of revenues
The difference in financial revenues and
expenditures in each year, after paying the fines for violations of the
provisions of law, shall be distributed as follows:
1. Deduction of 10% for the professional risk
prevention reserve fund. The deduction shall be made until the balance of the
Fund is equal to 25% of its charter capital.
2. Maximum deduction for the development
investment fund is 50%.
3. Deduction of 5% for the job severance reserve
fund. The deduction shall be made until the balance of this fund is equal to
six months of paid wages of the Development Assistance Fund.
4. Deduction for the reward and welfare funds.
The level of deduction of these two funds shall be made as at a State
enterprise. The rate of deduction for these two funds shall be determined by
the Managing Council of the Fund.
5. The remainder after deduction for the above
funds shall be added to the development investment fund.
Article 19.- In the
first five years after the Fund commences operation, the Fund is allowed to
spend according to the financial plan already approved by the Fund Managing
Council and shall report it to the Ministry of Finance. The financial plan of
the Fund shall be worked out on the basis of the Fund being allowed to enjoy
the management cost representing 0.2%/month of the average debit balance of the
credit capital in the country, and 0.3%/year of the average debit balance of
the credit capital from foreign countries. In case the revenues cannot cover
expenditures, the Fund shall report to the Ministry of Finance for handling
according to its competence.
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ACCOUNTANCY, STATISTICAL
AND AUDIT REGIMES AND FINANCIAL PLAN
Article 20.- The Fund
must apply the current regime on accountancy and statistics and the guiding
documents of the Ministry of Finance.
The fiscal year of the Fund begins on the 1st of
January and ends on the 31st of December of the solar calendar.
Article 21.- The Fund
shall have to elaborate and send the following financial plans as currently
prescribed:
1. The plan on the source and use of the
capital.
2. The plan of assistance from the State budget
for the preferential activities: compensation for difference in interest rates,
post-investment interest rate assistance.
3. Plan of investment in capital construction.
4. Plan of financial revenues and expenditures.
5. Plan on staff personnel and wage fund.
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The report on final settlement of the annual
revenues and expenditures of the Fund shall have to be approved by the Managing
Council of the Fund and sent to the Ministry of Finance.
Each year, on the basis of the final financial
settlement report of the Fund, the Ministry of Finance shall examine and
inspect according to its function of a State management agency.
Article 23.- The Fund
shall conduct the internal audit regime, publicize the result of it financial
activities in each year under the guidance of the Ministry of Finance and take
responsibility for the publicized data.
Chapter VI
IMPLEMENTATION
ORGANIZATION
Article 24.- The
Ministry of Finance shall assume the main responsibility and coordinate with
the related ministries and branches in guiding the implementation of this
Regulation.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Tan Dung
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