THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
180/2002/QD-TTg
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Hanoi,
December 19, 2002
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DECISION
PROMULGATING THE REGULATION ON FINANCIAL MANAGEMENT
APPLICABLE TO THE SOCIAL POLICY BANK
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the Governments Decree No.78/2002/ND-CP of October 4, 2002 on credits
for poor people and other social policy beneficiaries;
Pursuant to the Prime Ministers Decision No.131/2002/QD-TTg of October 4, 2002
on the establishment of the Social Policy Bank;
At the proposals of the Finance Minister and the Minister-Director of the
Government Office,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on financial management applicable
to the Social Policy Bank.
Article 2.- The Finance
Ministry shall have to guide and inspect the implementation of the Regulation
issued together with this Decision.
Article 3.- This
Decision takes effect as from January 1, 2003.
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PRIME MINISTER
Phan Van Khai
REGULATION
ON FINANCIAL MANAGEMENT APPLICABLE TO THE SOCIAL POLICY BANK
(Issued together with the Prime Ministers Decision No. 180/2002/QD-TTg of
December 19, 2002)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation applies to the Social Policy Bank regarding its financial management
activities.
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The Social Policy Bank is a unit applying
centralized cost-accounting in its entire system; has financial autonomy and
takes self-responsibility for its operations before law; effects capital
preservation and development, and offsets expenses and credit risks according
to the provisions of this Regulation. The Social Policy Bank does not have to
participate in deposit insurance, has the compulsory reserve rate of 0% (zero
percent), and is exempt from assorted taxes and other State budget remittances.
Article 3.- The Social
Policy Bank receives and manages capital sources of the Government and Peoples
Committees of all levels; performs the task of mobilizing capital from
organizations and individuals inside and outside the country in order to
provide loans for poor people and other social policy beneficiaries.
Article 4.- The chairman
of the Managing Board and the general director of the Social Policy Bank shall
be held responsible before law and before the State management agencies for the
Social Policy Banks observance of the financial regime provided for in this
Regulation.
Article 5.- The Finance
Ministry shall perform the function of State management over the finance of,
and have to guide and inspect the implementation of the financial regime by,
the Social Policy Bank.
Chapter II
CAPITAL, FUNDS AND ASSETS
Article 6.- Working
capital of the Social Policy Bank
1. Capital and funds:
a/ The charter capital of VND 5,000,000,000,000
(five thousand billion dong), allocated from the State budget upon its
establishment;
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c/ The State budget capital (including the
central budget and local budgets), for providing loans for hunger elimination
and poverty alleviation, job creation and implementation of other social
policies.
d/ The revenue-expenditure difference (if any),
which is retained and not yet distributed to the funds;
e/ The non-refundable aid of organizations and
individuals inside and outside the country;
f/ Other capital (if any).
When the scope of operation of the Social Policy
Bank is expanded under the Governments direction, the chairman of the Banks
Managing Board shall report such to the Finance Minister so that the latter can
submit the charter capital supplementation to the Prime Minister for decision.
2. Capital mobilized in the following forms:
a/ Interest-bearing deposits, which shall be
mobilized under the approved annual plans; interest-free voluntary deposits of
organizations and individuals inside and outside the country; savings of poor
people;
b/ ODA capital assigned by the Government;
c/ Bonds, deposit certificates and other
valuable papers issued under law provisions;
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e/ Capital borrowed from the State Bank;
f/ Capital borrowed from domestic and foreign
financial and credit institutions.
3. Capital entrusted by organizations and
individuals inside and outside the country;
4. Other capital.
Article 7.- Use of
capital by the Social Policy Bank
1. The working capital of the Social Policy Bank
shall be used to provide loans for poor people and other social policy
beneficiaries under law provisions. When using its capital and/or funds to
build and/or procure fixed assets, the Social Policy Bank may use no more than
15% of its actual charter capital and must abide by all the State regulations
on investment and construction management. The construction and procurement of
fixed assets and other assets by the Social Policy Bank shall comply with the
State-prescribed norms for non-business and administrative agencies as well as
the plans approved by the Managing Board.
2. The transfer of capital and/or assets among
units attached to the Social Policy Bank shall be effected by the general
director on the basis of the plans approved by the Managing Board of the Social
Policy Bank.
Article 8.- Annually,
the Social Policy Bank shall have to balance its capital sources and capital
demands so as to provide loans for poor people and other social policy
beneficiaries under the Government-approved plans. The mobilization of capital
sources at the market interest rates for loan provision must adhere to the
principle that the mobilization shall be conducted only when the interest-free
or low interest-bearing capital sources have already been used to the utmost.
Annually, the Social Policy Bank shall be
allocated capital by the State to offset the interest-rate difference and
management charges.
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The management charges in the first 3 years
after the Social Policy Bank�s
establishment are determined not to exceed 0.6%/month of the average loan
credit balance (including the Social Policy Banks direct management charge and
the entrustment charge). The management charges to be enjoyed by the Social
Policy Bank in the subsequent years shall be submitted by the Finance Minister
to the Prime Minister for consideration and decision.
Article 9.- The Social
Policy Bank shall have to observe the following provisions on assurance of
safety of its working capital:
1. Managing and using capital for the right
purposes, right subjects and in an efficient manner.
2. Buying insurance for its assets and observing
other prescribed insurance regimes.
3. Being allowed to account into its operation
expenses the following reserves:
a/ The credit risk reserve;
b/ The exchange-rate risk reserve.
The Finance Ministry shall guide in detail the
deduction for setting up and use of the above-mentioned risk reserves.
Article 10.- The Social
Policy Bank shall depreciate its fixed assets according to law provisions
applicable to enterprises. The Social Policy Bank may use fixed-asset
depreciation capital for reinvestment, replacement or renovation of its fixed
assets.
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1. Periodically, upon the fiscal years end, the
Social Policy Bank must inventory its assets, accurately determining the total
amount of assets, surplus and deficit, the situation of credit balance of loans
provided for social policy beneficiaries, overdue debts and irrecoverable debts,
and determining the reasons and responsibility therefor for handling. The asset
inventory must strictly comply with the stipulations for State enterprises.
2. The Social Policy Bank may reevaluate its
assets and account the difference arising therefrom as capital increase or
decrease under decisions of competent State agencies. The accounting of State
capital increase or decrease must be approved by the Finance Ministry.
3. The Social Policy Bank may liquidate and/or
sell assets of poor or degraded quality as well as damaged or technically-
obsolete assets, which are no longer needed or used inefficiently. When
liquidating and/or selling its assets, the Social Policy Bank must set up a
sale and/or liquidation council. For assets, which, as required by law, must be
auctioned when they are sold or liquidated, the Social Policy Bank must
organize auctions according to the provisions of law.
The difference between the proceeds from asset
liquidation and/or sale and the residual value of the liquidated and/or sold
assets as well as the liquidation and/or sale expenses shall be accounted into
the operation results of the Social Policy Bank.
Article 12.- Risk
handling
1. The credit risk reserve fund
The Social Policy Bank is entitled to make
deductions for setting up the credit risk reserve fund and account these into
its expenses to offset losses and damage incurred sporadically due to objective
causes. The deduction level shall be 0.02% of the annual average loan credit
balance. In case the credit risk reserve fund is not used up in a year, it
shall be transferred to the subsequent year to cover credit risks in the
subsequent years. In case the credit risk reserve fund is not enough to cover
risks of a year, the chairman of the Managing Board shall report such to the
Finance Minister for consideration and decision.
The chairman of the Managing Board of the Social
Policy Bank shall have to stipulate and effect the use of the reserve funds for
handling risks in operation of the Social Policy Bank.
2. Risks incurred due to objective causes in a
wide area shall be handled according to the Prime Ministers decision.
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FINANCIAL REVENUES AND
EXPENDITURES
Article 13.- Incomes of
the Social Policy Bank are the real revenues arising in a period, including:
1. Revenues from professional operations:
a/ The revenue from interests on loans provided
for poor people and social policy beneficiaries;
b/ The deposit interest revenue;
c/ The revenue from entrustment service of providing
loans for social policy beneficiaries;
d/ The revenue from payment and treasury
services;
e/ The revenue from State budget allocations for
offsetting interest-rate differences and management charges;
f/ The revenue from other professional operations
and services.
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a/ The revenue from liquidation and/or sale of
assets (after subtracting the liquidation and/or sale expenses);
b/ Other revenues generated in operation.
Article 14.-
Expenditures of the Social Policy Bank are the real expenses arising in the
course of its operation, including:
1. Expenses for professional operations of the
Social Policy Bank:
a/ The expense for payment of interests on the
mobilized capital; the expense for payment and treasury services;
b/ The expense for payment of service charges to
organizations entrusted to provide loans for poor people and other social
policy beneficiaries. The entrustment service charge rates shall be agreed upon
between the Social Policy Bank and the entrusted lending organizations but must
not exceed 0.22%/month, calculated on the credit balance of loans on which
interests are collected.
c/ The expense for payment of commissions to
capital-lending teams, which must not exceed 0.1%/month, calculated on the
credit balance of loans on which interests are collected;
d/ The expense for payment of allowances to the
Managing Board and its representations at all levels, as well as the Board of
Consultants; the expense for payment of remunerations to commune/ward officials
according to regulations of the Finance Ministry.
e/ The expense for deduction and setting up of
the credit risk and exchange-rate reserve funds according to the provisions in
Clause 3, Article 9 of this Regulation;
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2. The management expenses:
a/ The expense for fixed-asset depreciation; the
deduction level shall comply with the general provisions for enterprises;
b/ The expense for payment of wages and
remunerations to officials and employees;
c/ The expense for social and health insurance
and contribution of trade union fees as prescribed;
d/ The expense for mid-shift meals for officials
and employees of the Social Policy Bank; the per-capita expense level shall not
exceed the minimum wage level prescribed by the State for State employees;
e/ The expense for official uniforms under
regulations applicable to State enterprises;
f/ The expense for labor protection for subjects
who should be equipped with protective devices in their work as prescribed;
g/ The expense for payment of severance
allowances to laborers; the expense for female laborers under the prescribed
regime;
h/ The expense for working trip allowances under
the prescribed regime;
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j/ The expenses for transactions, external
relations, conferences, guest reception, festivities and other expenses. These
expenses must not exceed 7% of the total yearly expenditure of the Bank in the
first three years after its establishment, and 5% in the subsequent years.
k/ The other management expenses (including
expenses for liquidation and sale of fixed assets).
Article 15.- The Social
Policy Bank shall account its revenues and expenditures under the prescribed
regime, take responsibility before law for the accuracy of its revenues and
expenditures, and observe the regulations on accounting vouchers and invoices.
Article 16.- The Social
Policy Bank must not account into its expenditures the following:
1. The risks and losses already offset by the
Government or compensated by the insurance agencies or damage-causing party.
2. The expenses for payment of fines for law
violations.
3. The expenses not related to operations of the
Social Policy Bank such as expenses as support for organizations and
individuals, expenses for difficulty allowances for laborers.
4. The expenses in excess of the norms
prescribed by the financial regime.
5. The expenses covered by other funding
sources: non-business expenses, reward and welfare expenses, and expenses
covered by other funding sources.
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Chapter IV
FINANCIAL
REVENUE-EXPENDITURE DIFFERENCE AND DEDUCTION FOR SETTING UP OF FUNDS
Article 17.- The
financial revenue-expenditure difference in a year is the result of financial
operations of the Social Policy Bank, to be determined by the total incomes
minus the total expenses in the year.
Article 18.- Handling
of annual financial revenue-expenditure difference
1. In cases where the incomes are bigger than
expenses, the difference shall be handled as follows:
a/ To make deduction for setting up the reward
fund and welfare fund. The deduction level for these two funds shall be equal
to 3 months wages paid by the Social Policy Bank in the year; the proportion of
each fund shall be decided by the Managing Board of the Social Policy Bank.
b/ The remaining revenue-expenditure difference
amount shall further be distributed as follows:
- 50% for setting up the charter
capital-supplementation reserve fund;
- 15% for setting up the financial reserve fund;
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- 5% for setting up the severance allowance
reserve fund; this funds balance must not exceed 6 months wages paid by the
Social Policy Bank in the year.
2. In cases where the incomes are smaller than
expenses:
The Social Policy Bank is entitled to transfer
the deficit to the following years for not more than 3 years. If after 3 years
the Social Policy Bank fails to fully transferred this deficit, the chairman of
the Banks Managing Board shall report such to the Finance Minister for
submission to Prime Minister for consideration and decision.
Chapter V
ACCOUNTING, STATISTICAL
AND AUDITING REGIMES, AND FINANCIAL PLANS
Article 19.- The Social
Policy Bank shall implement the accounting and statistical regimes as
prescribed by law, fully inscribe and record the initial vouchers, update
accounting books and reflect in a full, timely, honest, accurate and objective
manner the professional operations. The Social Policy Bank shall effect
cost-accounting according to the system of book-keeping accounts as prescribed
by law.
A fiscal year of the Social Policy Bank shall
start on January 1 and end on December 31 of the calendar year.
Article 20.- The Social
Policy Bank shall have to draw up and send to the Finance Ministry the
following financial plans:
1. The plan on capital sources and capital use,
and the capital construction investment plan.
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3. The plan on State budget allocations for
offsetting interest-rate difference and management charges.
4. The labor and wage plan.
The financial plans shall serve as basis for the
Social Policy Bank to organize the yearly implementation thereof and must be
approved by the Banks Managing Board and sent to the Finance Ministry. The time
limit for drawing up and sending the Social Policy Banks financial plans shall
comply with the provisions of the State Budget Law and current law provisions.
Article 21.-
1. The Social Policy Bank
shall have to make and send quarterly, annual and extraordinary financial
reports to the Finance Ministry under the latters regulations.
2. The contents of financial reports
include:
a/ The grade-III account balance sheet
(including off-sheet accounts);
b/ The asset inventory of the Social Policy
Bank;
c/ The income and expense reports;
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e/ The situation of overdue debts, bad debts and
irrecoverable debts;
f/ The report on the deduction for setting up
and use of the credit risk reserve fund.
3. The general director of the Social Policy
Bank shall be responsible for the accuracy and truthfulness of the financial
reports.
4. The annual financial settlement
reports shall be approved by the chairman of the Managing Board of the Social
Policy Bank and sent to the Finance Ministry. The auditing and certification of
the annual financial reports of the Social Policy Bank shall be effected by the
State auditing bodies. The results of auditing of financial reports of the
Social Policy Bank must be sent to the Finance Ministry and the State Bank.
5. Annually, on the basis of the financial
settlement reports of the Social Policy Bank, the Finance Ministry shall make
consideration and inspection according to functions of the State management
agency.
Article 22.- The Social
Policy Bank shall observe the internal auditing regime, publicize the results
of its annual financial operations under the guidance of the Finance Ministry
and take responsibility for the released data.
Chapter VI
ORGANIZATION OF
IMPLEMENTATION
Article 23.- The
Finance Ministry shall assume the prime responsibility and coordinate with the
concerned ministries and branches in guiding the implementation of this
Regulation.
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PRIME MINISTER
Phan Van Khai