THE MINISTRY OF FINANCE
-------- No. 225/2010/TT-BTC | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------- Hanoi, December 31, 2010 |
CIRCULAR
Providing regulations on the state financial management regime applicable to foreign non-refundable aid belonging to the State budget revenues
Pursuant to the Government's Decree No. 60/2003/ND-CP dated June 06, 2003, detailing and guiding the implementation of the State Budget Law;
Pursuant to the Government's Decree No. 131/2006/ND-CP dated November 09, 2006, promulgating the regulation on management and use of official development assistance (ODA);
Pursuant to the Government's Decree No. 93/2009/ND-CP dated October 22, 2009, promulgating the regulation on management and use of foreign nongovernmental aid;
Pursuant to the Government's Decree No. 118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
The Ministry of Finance hereby provides guidance on the state financial management regime applicable to foreign non-refundable aid belonging to the State budget revenues as follows:
Part I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular provides guidance on the state financial management regime applicable to foreign non-refundable aid provided for Vietnam which belongs to the State budget revenues.
Foreign non-refundable aid (hereinafter referred to as aid) specified in this Circular is the non-refundable aid in cash or in kind provided by foreign aid donors, supporting the implementation of development, humanity purposes, or sponsoring science and technology activities that are approved by Vietnamese competent agencies according to the Government's Decree No. 131/2006/ND-CP dated November 09, 2006, promulgating the regulation on management and use of official development assistance (ODA) and the Government's Decree No. 93/2009/ND-CP dated October 22, 2009, promulgating the regulation on management and use of foreign non-governmental aid.
This Circular does not regulate goods being donations or gifts given by overseas organizations and individuals to organizations and individuals in Vietnam that are regulated by current laws on donation and gifts.
2. Foreign aid donors referred to in this Circular include:
a) Foreign governments, bilateral and multilateral aid organizations, international or inter-governmental organizations that provide non-refundable aid for the State or the Government of the Socialist Republic of Vietnam within the framework of cooperation in official development assistance between Vietnam and foreign aid donors (hereinafter referred to as non-refundable ODA).
b) Foreign non-governmental organizations, other foreign organizations and individuals, including foreign-funded corporations and companies, overseas Vietnamese communities that respect and observe Vietnam’s law and have goodwill to provide non-refundable aid for the purposes of socio-economic development and humanity in Vietnam.
3. Aid recipients referred to in this Circular include:
a) Organizations affiliated to the state apparatus of Vietnam, including the agencies of the Communist Party, the National Assembly, the Supreme People’s Court, the Supreme People’s Procuracy; Ministries, ministerial-level agencies, government-attached agencies (hereinafter referred to as ministries); People’s Committees of centrally-run cities and provinces (hereinafter referred to as provincial-level People’s Committees); Vietnam Fatherland Front, Vietnam General Confederation of Labor, Ho Chi Minh Communist Youth Union, Vietnam Farmers' Association, Vietnam Veterans’ Association, Vietnam Women’s Union.
b) State enterprises of Vietnam.
c) The particular associations of which payroll is allocated by the State, funding is supported by the State, and operational conditions are in compliance with the Prime Minister’s Decision No. 68/2010/QD-TTg dated October 01, 2010, on particular associations.
4. Other associations (other than particular associations specified at Point c, Clause 3 as mentioned above) established by social organizations, socio-professional organizations, economic organization, individuals, groups of individuals, or residential communities, of which funding is covered by non- state budget capital, are aid recipients specified in the Ministry of Finance’s Circular No. 109/2007/TT-BTC dated September 10, 2007, guiding the state financial management of foreign non-governmental aid not constituting a state budget revenue source.
5. Aid belonging to central budget revenues includes:
a) Non-refundable ODA;
b) Foreign non-governmental aid provided for organizations of the state apparatus of Vietnam (excluding foreign non-governmental aid provided for provincial-level People’s Committees, agencies and units affiliated to provincial-level People’s Committees);
c) Foreign non-governmental aid provided for state enterprises managed by central agencies.
d) Foreign non-governmental aid provided for particular associations nationwide, that are specified in Appendix attached to the Prime Minister’s Decision No. 68/2010/QD-TTg dated October 10, 2010.
6. Foreign aid belonging to the local budget revenues includes:
a) Foreign non-governmental aid directly provided for provincial-level People’s Committees and affiliated agencies and units;
c) Foreign non-governmental aid provided for state enterprises managed by local agencies.
c) Foreign non-governmental aid provided for local particular associations identified by the Chairperson of the provincial-level People’s Committee, on the basis of the Prime Minister’s Decision No. 68/2010/QD-TTg dated October 01, 2010.
Article 2. Subjects of application
1. The state agencies assigned to conduct the state management of foreign aid;
2. Agencies managing foreign aid projects;
3. Project and program owners, units using foreign aid.
Article 3. Principles of State financial management of non-refundable aid belonging to State budget revenues
1. Foreign aid belonging to State budget revenues provided for the aid recipients specified in this Circular must be sufficiently and timely recorded in the State budget under the Law on State budget, according to the following management decentralization:
a) The Ministry of Finance shall collect and pay the central budget for the aid amounts belonging to central budget revenues (including central budget revenues that are recorded as targeted additional expenditures for local budget).
b) Provincial-level Departments of Finance shall collect and pay local budgets for the aid amounts belonging to local budget revenues, and cooperate with the Ministry of Finance in recording the revenues and expenditures of local budgets relating to the aid amounts belonging to central budget revenues that are recorded as targeted additional expenditures for local budget)
2. Foreign aid regulated by this Circular shall only be received and used after being approved by the competent agencies (specified in the Government's Decree No. 131/2006/ND-CP dated November 09, 2006 and Decree No. 93/2009/ND-CP dated October 22, 2009).
3. Aid recipients shall be responsible for managing and using aid according to Vietnam’s law, agreements and commitments with the aid donors. In case there are differences in regulations or conditions for providing aid provided by aid donors and Vietnam’s law, Vietnam’s law shall prevail.
Article 4. Methods of aid provision
1. Aid in kind or cash:
Aid in kind or cash may be provided through programs, projects (including fundamental constructions) or non-project aid (separate aid, emergency aid in relieving consequences of disasters, epidemics, and wars).
2. Non-material aid:
Foreign non-material aid means the aid donors transferring intellectual assets (patents, copyrights, industrial property rights, technology transfers) free of charge; or aid donors directly paying the costs of overseas training, visits, survey, conventions, and consultancy.
Article 5. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. “Managing agencies” mean ministries, provincial-level People’s Committees, central agencies of associations and agencies directly managing state enterprises.
2. “Project owners/aid-benefiting units (hereinafter referred to as project owners)” mean organizations assigned by managing agencies to manage and use aid and counterpart fund to implement programs, projects, or receive non-project aid approved by competent agencies.
3. “Balance-of-payments assistance” means an aid method by which aid donors shall assist in balancing foreign currencies for Vietnam’s Government to import equipment and goods from other countries (or buy imported goods in Vietnam) according to the agreements on balance-of-payments assistance.
4. “Direct budgeting assistance” means an aid method by which aid amount is directly remitted to the State budget to support general expenditures of the State budget (general budgeting assistance) or to support expenditures of the budget on a specific economic sector (sectoral budgeting assistance)
5. “Access assistance by sector or field” means an aid method to a development program of a particular sector or field to support additional resources in order to ensure such economic sector or field is performed in a synchronous, sustainable and effective manner.
Access assistance by sector or field is organized according to a program including multiple component projects, with the participation of multiple managing agencies. In which, one managing agency shall coordinate managing agencies of component projects.
6. “Foreign aid managed by Vietnam” means an aid method by which aid donors shall transfer aid amounts to Vietnamese project owners to manage and perform the aid projects themselves according to bilateral agreements. This aid method includes both co-executive projects of the two parties, or under the trust fund model of the aid donors for Vietnam.
7. “Foreign aid directly managed by aid donors” means an aid method by which aid donors directly manage the finance of projects or entrust a foreign non-governmental organization to perform the aid projects. Upon completing a project, the aid donor shall handover assets and project results to Vietnam.
8. “Technical assistance” means an aid method aiming to support the development of capability and institution of Vietnam, or provide technical input elements to prepare for and perform projects such as providing experts, training, support for equipment, documents, materials, costs of visits, surveys, and conventions.
9. “Goods aid” means a direct aid method in the form of goods and supplies provided for Vietnam’s Government by foreign Governments. Goods and supplies shall be auctioned in Vietnam’s market by the Ministry of Finance, and the proceeds from the auctions shall be remitted to the State budget or allocated to projects according to agreements among Governments.
10. “Emergency aid” means an aid method by which aid donors shall send money or goods to victims when disasters, epidemics, or wars occur.
11. “Non-project aid” means separate aid amounts that do not belong to any specific program or project, provided in the form of money, goods, or experts (including voluntary experts).
Part II
SPECIFIC PROVISIONS
Article 6. Developing financial plans for aid projects
1. Financial plans for aid projects are plans for disbursement of aid and counterpart fund of non-refundable ODA projects and foreign non-governmental aid projects (including capital plans for the project preparation and performance) which are developed by aid project owners according to guidance on developing financial plans for ODA projects specified in the Ministry of Finance’s Circular No. 108/2007/TT-BTC dated September 07, 2007, guiding the financial management mechanism applicable to official development assistance (ODA) programs and projects.
Financial plans for aid projects must be in compliance with the aid project documents approved by competent agencies, enclosed with description of the calculation basis and grounds.
Annual financial plans for aid projects shall be made according to the Appendix 1 attached to this Circular.
2. On an annual basis, at the time of making the State budget estimates, aid project owners shall make financial plans together with budget revenue and expenditure estimates within the assigned tasks and send them to the superior managing agencies. The managing agencies (in case the managing agencies are not level-I estimating units) shall be responsible for reviewing and summarizing budget estimates of affiliated subordinate units to send them to superior managing agencies being level-I estimating units.
Central and local state agencies (level-I estimating units) shall examine and integrate estimates of affiliated units into the budget estimates within the management and send them to finance agencies and planning and investment agencies at the same levels.
After the annual budget estimate is decided by the National Assembly, the Prime Minister shall allocate budget, the Ministry of Finance and the Ministry of Planning and Investment shall notify the allocated estimates to other Ministries and local agencies.
3. Regarding direct foreign assistance to the State budget according to programs of access assistance by sector or field:
At the time of making annual the State budget estimates, based on the demand for aid disbursement in the year and the result of the program in the previous year, managing agencies shall estimate their need for aid of programs.
The Ministry of Finance shall cooperate with aid donors to determine the level of aid disbursement in the planning year and request project owners to allocate estimates of programs, and send them to the Ministry of Planning and Investment and the Ministry of Finance for summarization and submission to the Government and the National Assembly for decisions.
4. Direct aid for the State budget shall be included in annual estimates of State budget revenues and expenditures to cover general expense of the State budget. The making of estimates of direct aid for the State budget shall comply with current regulations on budget and signed treaties and agreements (if any).
5. Financial plans for foreign non-project aid, goods aid, emergency aid, or for projects managed by aid donors are not required. Based on the actual financial or goods aid or assets handed over by aid donors, the units assigned to receive and use non-project aid, goods aid, and assets handed over from the projects that are directly managed by aid donors shall be responsible for sending reports enclosed with aid dossiers to managing agencies and Finance agencies to carry out procedure for certifying assistance and budget accounting.
6. In case a treaty or agreement on the project is signed but has not taken effect, or has taken effect but the procedure for domestic investment is not completed, within the time limit for making the annual budget estimate, the managing agency shall report to the Ministry of Planning and Investment and the Ministry of Finance to make provisions for fundamental construction or each administrative expenditure, and propose competent agencies to decide (if counterpart fund is provided by the central budget), or the project owner shall send reports to the local managing agency to set aside provisions in the local budget and request competent agencies for decisions (if counterpart fund is provided by the local budget).
7. For the aid projects approved after the time of making annual budget plans, managing agencies shall make additional budget plans. Managing agencies shall report minor, separate, and unscheduled foreign non-governmental aid in the year to Finance agencies and Planning and Investment agencies at the same level to handle on a case-by case basis, on the basis of notices of aid disbursement sent by aid donors.
8. Annual financial plans for aid projects approved and announced by competent agencies shall be used as a basis for Finance agencies to withdraw aid, allocate counterpart fund and manage project finance.
9. Financial plans for minor aid projects that begin in one fiscal year and end in another shall be moved to the next year. The next year's financial plan is not required.
Article 7. Aid certification
1. Aid certification means the certification of imported goods and domestic goods and services purchases by financial aid or certification of the received financial aid on Declarations of aid made by project owners by Finance agencies (the Ministry of Finance and Provincial-level Departments of Finance).
2. The following cases are exempted from aid certification:
a) Financial aid in cash in the form of direct budgeting assistance.
b) Non-material aid amounts.
3. The assignment of aid certification shall be consistent with the distribution of revenues among levels of budget, to be specific:
a) The Ministry of Finance shall sign Declarations of aid certification for:
- Foreign aid belonging to central budget revenues specified in Clause 5 Article 1 of this Circular;
- Emergency aid without specific addresses that is approved by the Chairperson of Vietnam Fatherland Front (specified in Article 15 of the Government's Decree No. 93/2009/ND-CP);
- Aid that is imported goods provided for some localities, but one central state organization shall act as a focal point to receive and distribute (goods imported in the same bill of lading)
b) Provincial-level Departments of Finance shall sign and certify the Declarations of aid certification for foreign aid belonging to local budget revenues specified in Clause 6 Article 1 of this Circular.
4. Purposes of Declarations of aid certification:
a) Finance agencies shall summarize data and status about the receipt and use of foreign aid and account foreign aid belonging to State budget revenues.
b) It is one of legal documents for customs agency to decide the exemption of export and import duties, excise tax (if any) and value-added tax at the stage of importation of equipment, machinery, supplies, appliances, and goods using foreign aid; or for tax agency to refund the value-added tax on goods and services purchased in Vietnam using foreign aid according to current laws on tax.
c) For project owners to monitor and manage foreign aid projects and make reports on the receipt and use of aid as specified in this Circular.
5. The forms of the Declarations of aid certification are provided in Appendix 2 attached to this Circular, including:
a) Form C1-HD/XNVT “Declarations of aid being imported goods” is used for making declarations of aid in kind being imported machinery, equipment, supplies, raw materials, and goods.
b) Form C2-HD/XNVT “Declarations of aid being domestic goods and services” is used for making declarations of foreign aid being machinery, equipment, supplies, raw materials, and goods purchased in Vietnam (including service charges) using foreign aid.
c) Form C3-HD/XNVT “Declaration of aid in cash” is used for making declarations of foreign financial aid received.
6. A Declaration of aid shall be made into 06 original copies, including:
a) 03 original copies shall be kept by Finance agencies; 02 copies shall be used for State budget accounting and 01 copy shall be enclosed with the register of aid certification;
b) 01 original copy shall be kept by the customs agency or tax agency and enclosed with the tax exemption or tax refund dossier;
c) 01 original copy shall be kept by the managing agency for monitoring and making reports on foreign aid;
d) 01 original copy shall be kept by the project owner to make reports on the receipt and payment for aid projects/programs. In case multiple aid recipients are certified in the same Declaration, more original copies shall be made so that each unit shall keep 01 original copy.
For aid that is vehicle (boat, ship, motorbike, automobiles), the project owner shall make 01 more original copy for vehicle registration.
7. Time of making Declarations of aid:
a) Form C1-HD/XNVT “Declaration of aid being imported goods” shall be made right after the project owner receives invoice of imported goods.
a) Form C2-HD/XNVT “Declaration of aid being domestic goods and services” shall be made right after the project owner receives invoice of goods and services purchased in Vietnam.
c) Form C3-HD/XNVT “Declaration of aid in cash” shall be made on receipt of the credit note made by the bank or the State Treasury where the account for receiving financial aid is opened
8. Papers enclosed with the Declarations of aid:
a) For the first declaration of aid, the project owner shall provide legal documents proving the non-refundable aid to the Finance agency, including:
- Specific International Agreements on ODA and power of attorney of the Government to negotiate and sign such agreements as specified in the Government's Decree No. 131/2006/ND-CP dated November 09, 2006, promulgating the regulation on management and use of official development assistance (ODA);
- The memorandum of foreign non-governmental aid, the agreement on foreign non-governmental aid and the written approval for the receipt of foreign non-governmental aid specified in the Government's Decree No. 93/2009/ND-CP dated October 22, 2009 promulgating the regulation on management and use of foreign nongovernmental aid;
- Written certification of aid, funding, donation, gift (hereinafter referred to as funding) provided by the aid donor to support activities in science and technology, and the written documents of a competent state agency on deciding the receipt, management, and use of funding provided by a foreign organization or individual in service of science and technology activities specified in the Government's Decree No. 80/2010/ND-CP dated July 14, 2010 providing for foreign cooperation and investment in science and technology.
b) For projects participated by multiple agencies, at the first time of making the Declaration of aid, the central project management board shall make more copies of the legal documents as mentioned above (the quantity of copies depend on the quantity of localities that benefit from such programs, projects) and send them to the Ministry of Finance to send them to relevant Provincial-level Departments of Finance to monitor the management and accounting of the foreign aid for local beneficiaries.
c) The documents and vouchers shall be used as a basis for making Declaration of aid on a case-by-case basis, such as import documents, documents of purchase of goods and service hired in Vietnam, decision on successful bid, and contracts (import contracts, entrusted import contracts, building contracts, sale contracts, consultancy contracts), final assessment record, record of handover and settlement of turnkey constructions funded by foreign partners; notes of aid disbursement or remittance made by aid donors, and relevant documents.
9. Location of aid certification
a) The Ministry of Finance: at the Department of Debt Management and External Finance – The Ministry of Finance in Hanoi (at 28 Tran Hung Dao Street), or at the International Aid Receipt and Management Office affiliated to the Department of Debt Management and External Finance in Ho Chi Minh City (at 138 Nguyen Thi Minh Khai Street) and in Da Nang City (at 64 Pasteur Street).
b) Provincial-level Departments of Finance: each local agency shall, depend on the actual conditions, arrange location and assign a specialized department or a functional division of the Provincial-level Department of Finance.
10. Notes when making Declarations of aid:
a) Fill both sides of Declarations of aid: C1, C2 and C3-HD/XNVT (it is not allowed to make two 1-side papers). If the space in the form is not sufficient to provide detailed information (especially the information about financial aid and goods aid), the project owner may provide detailed information on the Appendices attached to that Declaration. These Appendices shall also bear the signature and seal of the project owner.
b) The forms No. C1, C2 and C3-HD/XNVT shall be used for making declaration of aid in cash and goods aid to implement a fundamental construction in turn-key form. In this case, the project owner shall provide essential information about relevant fundamental constructions on the overleaf of the Declaration (in “aid for construction” box) to serve the making of financial statement of the fundamental construction after it is finished and handed over to Vietnam.
c) Prices on Declarations of aid:
- Form C1-HD/XNVT “Declaration of aid being imported goods”: according to purchase prices on import invoices (FOG, CIF, C&F, etc.).
When the aid donor signs a contract to entrust the import or a bidding contract with a Vietnamese enterprise, apart from the declaration of prices according to import invoices mentioned above, the project owner shall make a declaration of the prices that have been actually paid by the aid donors using the aid. The actual purchase value shall be used as a basis for the Finance agency to record the budget revenues and expenditures of that aid.
- Form C2-HD/XNVT “Declaration of aid being domestic goods and services” shall be made according to prices, exclusive and inclusive of tax (if any), on the invoices of domestic goods and services. The actual purchase value exclusive of tax shall be used as a basis for the Finance agency to record budget revenues and expenditures relating to that assistance.
d) Exchange rates on Declarations of aid:
- In case the aid donor has fix exchange rates in the agreement signed with Vietnam’s Government, the exchange rates as agreed with the aid donor shall prevail.
- In case the aid donor exchanges the foreign currencies for VND via commercial banks, including foreign banks in Vietnam, the actual exchange rates as announced by such banks shall prevail.
- In case the aid donor directly transfers foreign currencies to the project, the exchange rates annually announced by the Ministry of Finance on its website (http://www.mof.gov.vn) shall prevail.
dd) In order to facilitate the taxation process and State budget accounting, the information about the project owner on the Declarations of aid must include:
- Accurate names and addresses of the project owner and their managing agencies.
- Code of the unit in financial relation to the project owner. In case the aid recipients are enterprises, public non-business units, their tax identification numbers shall be provided to facilitate tax refund.
Article 8. Opening accounts to receive financial aid
1. Project owners may open deposit accounts to receive foreign financial aid for each project at State Treasuries where their transactions are registered. Project owners may open accounts at commercial banks for the aid disbursement and payment if treaties or agreements on funding allow.
2. After opening such an account, the project owner shall be responsible for reporting to the managing agency and Finance agency at the same level to coordinate in monitoring and managing.
3. The use of personal accounts, renting or borrowing accounts of other units, or opening accounts in other countries to receive foreign financial aid for projects, is prohibited. All cases of violation shall be handled according to the law.
Article 9. Aid disbursement
1. For aid in cash in the form of direct budgeting assistance: foreign currencies shall be remitted to the foreign currency fund of the State budget. The sale of foreign currencies to the State bank shall comply with the plan on foreign currency sale that is approved by the Ministry of Finance.
2. For aid in cash in the form of access assistance by sector or field:
a) In case the treaty or agreement on the aid does not provide regulations on the disbursement via commercial banks, foreign currencies shall be transferred to the Foreign currency fund of the State budget as specified in Clause 1 of this Article.
b) In case the treaty or agreement on the aid provides regulations on the disbursement via commercial banks, the foreign financial aid shall be remitted to accounts of the Ministry of Finance (or project owner) at commercial banks.
3. For other aid in cash other than those specified in Clause 1 and Clause 2 of this Article, the Ministry of Finance shall provide specific guidance at the request of managing agencies and project owners on a basis of the treaties and agreements on the aid and the Instruction on aid disbursement provided by aid donors (if any).
Article 10. Accounting state budget revenues and expenditures relating for foreign aid:
1. For aid in cash in the form of direct budgeting assistance (specified in Clause 1 Article 9 of this Circular):
a) Accounting state budget revenues: based on remittance documents, State Treasuries shall account State budget revenues according to regulations (except for the remittance of foreign currencies accounted according to regulations applicable to State budget revenues in foreign currencies).
b) Accounting State budget expenditures: based on the treaties or agreements on aid and allocated budget, State Treasuries shall make payments, control the payments, and account State budget expenditures like domestic capital sources.
2. For aid in cash in the form of access assistance by sector or field (specified in Clause 2 Article 9 of this Circular):
a) In case foreign currencies are directly remitted to the State budget (according to Point a Clause 2 Article 9 of this Circular): budget revenues and expenditures shall be made according to Clause 1 of this Article.
b) In case aid is disbursed via special accounts of the Ministry of Finance that are opened at commercial banks (the Department of Debt Management and External Finance):
- Based on the need for expenditure of the project owner, the Ministry of Finance shall withdraw cash from special accounts and remit it to project owners’ accounts that are opened at State Treasuries.
- State Treasuries shall control expenditures like domestic capital sources. In case treaties or agreements on aid have different regulations, expenditures shall be controlled according to such treaties or agreements.
- State budget accounting of aid belonging to central budget revenues: the Ministry of Finance shall make and send record orders - Form C2-13/NS (hereinafter referred to as Form C2-13/NS) to State Treasuries to account expenditures on advanced payments for projects according to documents about the remittances from special accounts of the Ministry of Finance to project owners. Within 05 working days after receiving the record order, managing agencies shall immediately notify project owners for monitoring future advanced payments.
On a quarter basis, project owners shall make and send reports on the use of aid (the expenditures are certified by State Treasuries) to the Ministry of Finance for making the request for advanced payment of recorded aid – Form C2-14/NS (hereinafter referred to as Form C2-14/NS) and send it to a State Treasury to convert from advance payment into actual expense. Within 05 working days after receiving the request for payment (Form C2-14/NS), the managing agency shall request project owners to monitor the use of aid.
- Accounting aid belonging to central budget revenues: based on the remittance documents from special accounts of the Ministry of Finance sent to project owners, the Ministry of Finance shall make record order (Form C2-13/NS) and send it to State Treasuries for recoding the State budget revenues and targeted additional expenditures for local budgets. The Provincial-level Departments of Finance and local State Treasuries shall cooperate in recording local budget revenues and expenditures on advanced payments for projects. On a basis quarter, project owners shall make and send reports on the use of aid (of which expenditures are certified by State Treasuries) to Provincial-level Departments of Finance for making and sending the request for recorded payment (Form C2-14/NS) to local State Treasuries to convert from advance payment to actual expense.
c) If aid is disbursed via project owners’ accounts that are opened at commercial banks, the State budget shall be controlled and recorded like direct financial aid for projects managed by Vietnam specified in Clause 3 of this Article.
3. State budget accounting direct financial aid provided for projects managed by Vietnam:
a) For aid belonging to central budget revenues:
- The Ministry of Finance shall summarize Declarations of financial aid of every managing agency on a quarter basis, fill and send Form C2-13/NS to State Treasuries for recording advanced payments (applicable to financial aid provided for central agencies); or targeted additional expenditures for local budget (applicable to financial aid provided for local agencies). After completing the budget accounting, the Ministry of Finance shall send the Form C2-13/NS enclosed with the list of Declarations of financial aid according to each aid project to central managing agencies to monitor and refund advanced payments, or to Provincial-level Departments of Finance for recording local budget revenues and make advanced payments to local project owners. Within 05 working days after receiving the Form C2-13/NS, managing agencies shall immediately notify project owners for monitoring future advanced payments.
- Project owners shall send reports on advance payments for financial aid in each quarter to managing agencies being central and local level-I estimating units to inspect, summarize, and send reports to the Ministry of Finance (or Provincial-level Departments of Finance) to make requests (Form C2-14/NS) and send them to State Treasuries to convert from advance payment to actual expense, then send 01 copy of the request (Form C2-14/NS) to the managing agency. Within 05 working days after receiving the request (Form C2-14/NS), the managing agency shall request project owners to monitor the use of aid.
Managing agencies shall inspect the accuracy and legitimacy of advance payment reports made by project owners under their management.
The deadline for refunding advanced payments for annual advance payments to project owners shall not be later than the deadline for adjusting the State budget settlement as specified by current regulations. The Minister of Finance shall consider and decide on the extension of the deadline for refunding advanced payments
After the deadline for adjusting the State budget, the residual financial aid recorded as advanced payments for project owners that has not been paid shall be moved to the next year or be used subject to the decisions of aid donors.
b) For financial aid belonging to local budget revenues: Provincial-level Departments of Finance shall cooperate with provincial State Treasuries and managing agencies in recording local budget revenues and expenditures following the same procedure as financial aid belonging to central budget revenues specified at Point a Clause 3 of this Article.
4. State budget accounting of aid in kind being goods, supplies, and equipment to the State budget:
a) For aid belonging to central budget revenues:
On an annual basis, based on Declarations of aid, the Ministry of Finance shall make and send Form C2-13/NS to State Treasuries to record the expenditures on projects (applicable to the aid provided for projects managed by central agencies), or targeted additional expenditures (applicable to the aid provided for projects managed by local governments).
b) For aid belonging to local budget revenues:
On an annual basis, based on the Declarations of aid, Provincial-level Departments of Finance shall make orders to record local budget revenues and expenditures on projects, send them to provincial State Treasuries to record local budget revenues and expenditures.
c) The regulations on State budget accounting specified at Points a and b shall only be applicable to imported goods or domestic goods directly purchased and handed over to Vietnam by aid donors. For goods, supplies, and equipment imported or purchased in Vietnam by project owners using financial aid, upon making Declaration of aids, project owners shall mark the box “Finance agency shall not include items in this Declaration to the State budget because financial aid is certified” on the overleaf of the Declaration of aid, so that Finance agencies shall not record relevant financial aid and goods aid twice.
5. State budget accounting of goods aid provided for fundamental constructions in the form of turnkey aid.
On a quarter basis, Finance agencies shall summarize Declarations of aid in the form of goods, equipment, or financial aid provided for each construction, thence fill and send Form C2-13/NS to State Treasuries for recording advanced payments for the constructions. After State Treasuries complete the budget accounting, Finance agencies shall send copies of Form C2-13/NS enclosed with the list of Declarations of aid for which advanced payments are recorded to managing agencies for monitoring and settling. After a construction is completed and handed over to Vietnam, the project owner shall collect Declarations of aid and documents relating to such construction to make a financial statement of finished construction as specified in the Circular No. 33/2007/TT-BTC dated April 09, 2007 of the Ministry of Finance guiding the settlement of completed projects funded with state capital and the Circular No. 98/2007/TT-BTC dated August 09, 2007 amending and supplementing a number of articles of the Circular No. 33/2007/TT-BTC dated April 09, 2007 of the Ministry of Finance guiding the settlement of completed projects funded with state capital, and send it to a Finance agency at the same level for State budget accounting (withdrawing advanced payments) according to the value of the construction handed over.
6. State budget accounting of goods aid provided for state enterprises:
a) Goods aid being supplies consumed during the process of production or business of state enterprises (raw materials, fuel, frail items) shall be classified as “other incomes” at market prices at that time, thence included in the profits, and used to calculate tax liability to the State. Finance agencies shall not record the aid mentioned above to the State budget revenues and expenditures.
b) For goods aid that form fixed assets of state enterprises: record the funding for state enterprises that receive and use such assets. In case such enterprises are affiliated to state corporations in parent or subsidiary relationships, funding shall be recorded via parent companies of which 100% of charter capital is held by the State.
b) For goods aid that form fixed assets of joint-stock companies: record them as “expenditures on supporting enterprises”. Boards of Directors of joint-stock companies shall be responsible for using and managing such assets according to the agreements with aid donors and current law.
7. Where beneficiaries of aid being organizations and individuals that are not in a relation with the State budget (social funds, charities, social protection institutions, non-public non-business units, religious organizations) receive non-refundable ODA via non-refundable ODA agreements signed by the Government and aid donors (foreign aid belonging to central budget revenues as specified in Clause 5 Article 1 of this Circular): the Ministry of Finance shall record central budget revenues and provincial budget expenditures. Depending on the aid recipients, provincial-level People’s Committees shall assigned specialized agencies to ensure the proper and efficient use of aid.
Provincial-level People’s Committees shall assign affiliated agencies to directly monitor aid beneficiaries managed by local governments, issue operation licenses, and ensure that aid is used properly and lawfully. Provincial-level People’s Committees shall handle violations and notify them to state management agencies in charge of foreign aid to monitor in cooperation and enhance control.
Article 11. Adjusting State budget accounting
1. The State budget accounting shall be regularly adjusted in a fiscal year to settle the difference between budget revenues and expenditures and actual use of foreign aid that may occur in the following cases:
a) The amount or value of assets, goods, financial aid that are different from the recorded figures (including the cases in which sale prices in foreign currencies are adjusted according to import invoices on Declarations of aid - Form C1-HD/XNVT to match domestic prices);
b) Excess financial aid being returned to aid donors:
c) Financial and goods aid recorded as State budget revenues in the previous year that are used in succeeding year or deducted from the succeeding year's budget (according to the design of the project or agreement with aid donors);
d) Competent state agencies change the financial mechanism (such as changing from on-lending to allocation from the State budget)
2. Adjustment procedure
a) According to the financial statements of the actual use of aid and decisions to adjust figures and financial mechanism made by competent state agency, Finance agencies shall review the data and make notes of budget data adjustment, send them to project owners and State Treasuries as the basis for recording the increase and decreases of the State budget revenues and expenditures.
b) State Treasuries shall adjust budget data according to the notes of budget data adjustment. Project owners shall adjust the financial statements of foreign aid according to the notes of budget data adjustment sent by State Treasuries.
3. Adjusting excess financial aid: the excess financial aid in the previous year shall be used in the next year. Project owners shall send reports to State Treasuries (according to the list of state budget), State Treasuries shall request Finance agencies at the same level to decrease the expenditure in the previous year and move it to the succeeding year (within 45 days from the deadline for adjusting settlement of each budget level).
4. Adjusting excess goods aid: project owners shall monitor and use the excess goods and supplies included in budget expenditure in the previous year, and send reports to State Treasuries and Finance agencies at the same level. It is not allowed to adjust the State budget accounting in this case.
5. The deadline for recording and adjusting State budget revenues and expenditures are specified in the Circular No. 108/2008/TT-BTC dated November 18, 2008 of the Ministry of Finance, guiding the settlement of budget at the end of years and making annual financial statements of State budget.
When adjusting budget accounting after making the annual State budget settlement, managing agencies being level-I estimating units shall send the reports on the aid belonging to central budget revenues to the Ministry of Finance or send reports on the aid belonging to local budget revenues to provincial-level People’s Committees for consideration and settlement.
Article 12. Procurement regime and spending limits
1. Procurement regime:
a) Managing agencies and project owners shall comply with the Law on Investment and current regulations on procurement during the performance of aid programs or projects.
b) In case aid donors wish to apply other regulations on procurement different from current Vietnam's law that are specified in treaties or agreements on aids, such regulations shall prevail. During the negotiation of treaties and agreements on aid, negotiators shall report such differences in regulations to superior managing agencies and Finance agencies at the same level to provide responsive guidance before the conclusion.
c) Managing agencies shall cooperate with Finance agencies at the same level to in providing project owners with guidance on the implementation of regulations on procurement and spending limits applicable to programs or projects managed by Vietnam.
2. Spending limits:
a) Limits on spending counterpart fund: apply the spending limits specified in the Ministry of Finance’s Circular No. 219/2009/TT-BTC dated November 19, 2009 prescribing a number of spending norms applicable to official development assistance-funded projects/programs.
b) Limits on spending aid:
- The spending of aid shall apply the limits imposed by aid donors or stated in treaties or agreements or aid dossiers.
- For special expenditures that are not specified by aid donors or in treaties or agreements or in the Ministry of Finance’s Circular No. 219/2009/TT-BTC dated November 19, 2009, managing agencies shall cooperate with aid donors in imposing spending limits and reach an agreement with the Ministry of Finance before applying.
Article 13. Accounting and settlement
1. The project owner shall organize their accounting apparatus, appoint a Chief accountant as specified by current laws on accounting the receipt and use of aid according to current Accounting Regime of Vietnam. Accountants shall make a book to monitor each aid program or project and each capital source (aid, counterpart fund) and each expenditure in the estimate approved. It is not allowed to include general aid in administrative expenses.
2. Where aid donors wish to use an accounting system that is different from that of Vietnam, or to change from using another accounting system to a system of Vietnam, the project owner shall immediately request the managing agency and the Ministry of Finance for guidance.
3. For projects that require financial statements in a format required by aid donors, project owners shall open more accounting books or use suitable accounting software to make reports according to both Vietnam's accounting regime and aid donors' requirements.
For projects that require submission of original papers to aid donors, project owners shall photocopy the accounting papers as specified in Article 18 of the Government's Decree No. 128/2004/ND-CP dated May 31, 2004, detailing and guiding the implementation of a number of articles of the Accounting Law, applicable to the state accounting domain.
4. For aid programs or projects that are terminated or dissolved or amalgamated in the fiscal year, project directors and accountants shall settle revenues, expenditures, and complete the financial statements of aid up to the date of termination, dissolution, or amalgamation, and shall be accountable for the violations committed during the performance of their tasks.
5. Project owners being level-I estimating units shall make and send annual financial statements to Finance agencies at the same level for consideration, verification, and announcement.
a) Fundamental construction capital shall comply with the Circular No. 53/2005/TT-BTC dated June 23, 2005 of the Ministry of Finance, guiding the making and verification of annual financial statements of fundamental construction capital belonging to state budget capital.
b) Administrative capital shall comply with Circulars of the Ministry of Finance guiding the examination, verification, and announcement of annual settlement, applicable to administrative agencies, public non-business units, and organizations funded by the State budget.
6. Upon completing a project, the project owner shall make a financial statement of finished project (applicable to fundamental construction projects) or financial statement of administrative capital (applicable to administrative projects) and send it to the managing agency for verification and approval under the current accounting regime.
a) Financial statements of finished projects shall comply with the Ministry of Finance’s Circular No. 33/2007/TT-BTC dated April 09, 2007 guiding the settlement of completed projects funded with state capital and the Circular No. 98/2007/TT-BTC dated August 08, 2007 amending and supplementing a number of articles of the Circular No. 33/2007/TT-BTC.
b) Financial statements on administrative capital shall comply with the Minister of Finance’s Decision No. 19/2006/QD-BTC dated March 30, 2006 promulgating the regime for administrative accounting.
Article 14. Audit
1. Aid projects shall be audited based on the requirements, scale, targets, contents, methods, and cost of audit that are specified in treaties, agreements or aid dossiers. State Audit Agency shall audit aid projects according to the plans approved by competent agencies or official written requests in case the audit of an aid project is not planned, the aid donor or the project owner shall hire independent auditors to audit the project according to the treaties or agreement or aid dossiers.
2. The cost of independent auditors hired by aid donors shall be covered by aid donors or financial aid according to aid agreements. Project owners shall send or request aid donors to send annual reports on independent audit or thematic audit to managing agencies and Finance agencies at the same level to monitor and serve the settlement of financial aid provided for projects.
3. In case the audit is performed by Vietnam: project owners shall request their managing agencies and Finance agencies at the same levels to hire independent auditors using counterpart fund as specified in treaties and agreements or aid dossiers. Audit reports shall be sent to managing agencies and Finance agencies at the same level to monitor and serve the settlement of financial aid and counterpart fund provided for projects.
Article 15. Regime of management of capital and property from aid
1. Property from the foreign aid classified belonging State budget revenues shall be under state ownership. The establishment of ownership of State-owned property shall comply with the Government's Decree No. 137/2006/ND-CP dated November 14, 2006 on the decentralization of state management of State-owned property at administrative agencies, public non-business units, and property under the State ownership.
2. The management and use of property during the performance of foreign aid programs/projects (including non-refundable ODA and foreign non-governmental aid) shall comply with the Prime Minister’s Directive No. 17/2007/CT-TTg dated July 25, 2007 on strengthening the property management of management boards of projects funding the state capital.
3. Regime of management of property of aid projects upon their operation:
a) For property used for the work of project management boards such as automobile, office equipment (hereinafter referred to as administrative property), project management boards at all levels shall be responsible for opening books to monitor such property according to the State’s current accounting regime and complying with the law regulations on management of State property.
In case the administrative property is no longer usable or needed during the performance of projects, the handling of such property shall be similar to the one applied to property of aid projects after their completion as specified in Clause 4 of this Article.
b) For the administrative property managed by the aid donor and only handed over to Vietnam at the time the projects are completed (such as the property serving activities of foreign experts, consulting, supervising and building contractors): on the Declaration of aid in kind (Form C1-HD/XNVT and Form C2- HD/XNVT), the project owners shall tick "Finance agency does not make State budget accounting of this aid confirmation declaration because the ownership is not handed over by the aid donor" so that the finance agencies do not make state budget accounting of such property. The property shall be handed after the completion of projects as specified in Clause 4 of this Article.
c) For property and equipment purchased using financial aid and handed over to beneficiaries of aid (hereinafter referred to as investment property): according to the decision to distribute property made by the project owner or the project management board, beneficiaries shall record the increase of property and their sources in accordance with the current accounting regime, and comply with the laws on state asset management.
4. Handling of property after the completion of aid projects:
a) Project owners being state agencies and public non-business units shall make settlement of completed projects, make statistics, and propose plans to handle and hand over the property according to guidance in the Circular No. 87/2010/TT-BTC dated June 15, 2010 of the Ministry of Finance guiding the management and handling of property of projects funded by the State budget after their completion.
b) For aid projects performed by enterprise: enterprises shall make and send settlement of completed projects to the Ministry of Finance (for projects belonging to central budget revenues) or Provincial-level Departments of Finance (for projects belonging to local budget revenues) as the basis for accounting and handover of property of aid projects to enterprises for management and use.
c) For property belonging to foreign aid projects directly managed by aid donors (as specified in Article 5 of this Circular): pursuant to handover records between the aid donors and relevant Vietnam counterparts, managing agencies shall be responsible for formulating the dossiers of property handling of finished projects to handle them or submit competent agencies for handling according to the law regulations. In case of handing over to agiencies, organizations and units not under the management of ministries, ministerial-level agencies, government-attached agencies, central agencies of unions and provincial-level People’s Committees, managing agencies shall request the Ministry of Finance to decide the handover.
d) Handling of property of other aid projects shall comply with the Circular No. 87/2010/TT-BTC dated June 15, 2010 of the Ministry of Finance guiding the management and handling of property of projects funded by the State budget after their completion.
dd) For temporarily imported property eligible for tax exemption of foreign experts working for aid projects: if such property are handed over to Vietnam’s Government after the projects’ completion, the aid project owners or agencies assigned to handle property shall carry out the procedures for passing property and pay tax (if any) according to the law regulations.
e) The agencies, units assigned to receive, manage, and use property of completed projects shall record the increase of property and sources under the state ownership after the issuance of handling decisions by competent state agencies.
5. Handling of capital in cash of completed aid projects:
a) Interest on the deposit of financial aid shall be accounted and monitored separately, and only be used for paying the expenses of transaction at serving banks during the performance of projects (if any). After the completion of a project, the project owner shall confirm that interest as a new aid and use it in accordance with treaties and agreements or aid project dossiers. If there is no treaties and agreements defining the use of such interest, the project owner shall remit it into the State budget.
b) Balance budget is the amount of money that the aid donor sends Vietnam for payment for activities of a project and remains in accounts used to receiving the aid after the completion of the project. If residual budget is not returned to aid donors by agreement, it shall be credited to a separate account managed by a managing agency.
c) The exchange rate difference between the exchange rate on the accounting book and the actual exchange rate during the accouting, conversion of foreign currency into local currency aid shall be accounted separately and included in annual expenditures or revenues of the project. After the completion of the project, if the balance budget is not returned to aid donors by agreement, it shall be credited to a separate account managed by a managing agency.
On an annual basis, managing agencies shall be responsible for coordinate with the Ministry of Finance in handling balance budget and exchange rate differences according to regulations.
6. After the completion of a aid program or project, the credit components in the program or project may be sent to the State budget or given to credit institutions for loans in the form of revolving credit funds depending on the treaty or agreement signed with the aid donor.
7. When examining the settlement and handling property and capital in cash of completed projects, the managing agencies shall be responsible for handing over other accomplishments of the aid programs or projects such as technical guidance, models for demonstration or testing, residual consumables supplies and goods to relevant agencies and units for continuing management and use.
Article 16. Taxation policies and taxation incentives for foreign aid
The taxation policies and taxation incentives for non-refundable aid shall comply with current law regulations on taxation.
Article 17. Reporting regime
1. Project owners shall make annual and biannual reports on the receipt of aid and send them to their superior managing agencies. Biannual reports shall be sent on July 10 and annual reports shall be sent on January 20 of the next year at the latest.
2. Managing agencies being level-I estimating units shall make and send:
a) Biannual and annual summary reports on the receipt of aid to finance agencies at the same level. Biannual reports shall be sent on July 20 and annual reports shall be sent on January 31 of the next year at the latest;
b) Reports of completion of aid programs and projects shall be sent after 06 months from the completion of aid programs and projects at the latest.
Monthly, quarterly and annual reports shall be made based on project owners’ declarations of aid and actual receipt of aid in the reporting period, according to Form No. 1 (for project owners) and Form No. 2 (for managing agencies) in the Appendix 3 issued together with this Circular.
Project completion reports shall be made according to the form of report of settlement of investment capital (for fundamental construction projects) or settlement of administrative and non-business project capital (for the projects performed by administrative and non-business units) according to current regulations. Non-refundable non-material aid shall be included in reports if they can be cashed in and sufficient evidence is provided.
3. Managing agencies shall make and send summary reports on the receipt and use of aid to finance agencies at the same level and relevant state agencies in charge of aid according to current regulations.
4. 01 original copy of the report made by project owners being level-I estimating units belonging to central budget shall be sent to the Ministry of Finance (the Department of Debt Management and External Finance), and sent to the Ministry of Finance via the email: [email protected]
5. Reports shall be sent to aid donors according to documents, treaties or agreements on aid signed with aid donors. Project owners shall also sent those reports to managing agencies and finance agencies at the same level for monitoring and directing the performance of projects.
Article 18. Responsibilities for financial management of foreign aid
1. Responsibilities of finance agencies:
a) The Ministry of Finance:
- To guide the implementation of the regime of financial management of foreign aid, inspect the adherence to financial management regime of agencies managing foreign aid projects and aid recipients;
- To certify and account foreign aid belonging to central budget revenues to the State budget;
- To inspect and supervise the use of foreign aid belonging to central budget revenues. To monitor and urge project owners’ refunding of the advanced payments for the aid belonging to central budget revenues, ensure that the refunds are given no later than the deadline for adjusting the annual the State budget statement as specified by current regulations.
- To appraise the annual settlement of use of aid, for aid project owners being level-I estimating units under Ministries, ministerial-level agencies, government-attached agencies, and other central agencies.
b) Provincial-level Departments of Finance:
- To guide and inspect the compliance with regime of financial management of foreign aid directly provided to localities;
- To certify the aid and account foreign aid belonging to local budget revenues to the local budget;
- To coordinate with the Ministry of Finance in accounting the foreign aid belonging to central budget revenues used for support for the local budget;
- To inspect and supervise the use of foreign aid belonging to central budget revenues used for support for the local budget, and foreign aid belonging to local budget revenues. To monitor and urge project owners to refund the advanced payments for the aid belonging to central budget revenues used for the local budget and aid belonging to local budget, ensure that the refunds are given no later than the deadline for adjusting the annual the State budget statement according to current regulations.
- To appraise annual settlement of aid, for project owners being level-I estimating units under provincial-level People’s Committees.
2. Responsibilities of managing agencies and project owners
a) Managing agencies:
- To coordinate with finance agencies in directing, guiding and inspecting their affiliated units’ compliance with financial management regime specified in this Circular;
- To make and integrate financial plans for foreign aid made by affiliated units into annual State budget estimates; examine, approve and notify on the approval of settlement of foreign aid to inferior estimating units;
- To summarize annual foreign aid settlement reports and project completion reports made by project owners being affiliated inferior agencies to report them to finance agencies at the same level according to current regulations;
- To assume the prime responsibility for, and coordinate with finance agencies at the same level in, urging, guiding and approving annual aid settlement reports; handling property, budget, exchange rate difference, and settlement of completed foreign aid programs/projects according to the guidance in this Circular and relevant law regulations.
b) Project owners:
- To comply with the regulations on financial management regime according to the guidance in this Circular;
- To take responsibility before the law for the performance of foreign aid programs/projects in accordance with regulations of treaties, agreements or aid project dossiers;
- To complete the declaration of aid receipt and have them certified by finance agencies according to the guidance in this Circular;
- To make annual aid settlement reports and completed aid project settlement reports to submit them to their managing agencies for consideration and approval according to current regulations.
Part III
IMPLEMENTATION ORGANIZATION
This Circular takes effect on March 01, 2011 and replaces the Circular No. 82/2007/TT-BTC dated July 12, 2007 of the Ministry of Finance
guiding the state financial management applicable to foreign aid belonging state budget revenues.
Any problem arising, or contents to be guided, in the course of implementation should be promptly reported to the Ministry of Finance for prompt study and guidance of amendment and supplementation./.
| FOR THE MINISTER
THE DEPUTY MINISTER
Tran Xuan Ha |
Vietnamese
Circular 225/2010/TT-BTC DOC (Word)
Circular 225/2010/TT-BTC PDF (Original)
Circular 225/2010/TT-BTC ZIP (Word)
