Decision 05/2016/qd-Ttg Dated: About The Management Of Loan Fees And Use Excerpts Of Charge Guarantee At The Ministry Of Finance The 2016-2020 Period

Original Language Title: Quyết định 05/2016/QĐ-TTg: Về việc quản lý sử dụng phí cho vay lại và phần trích phí bảo lãnh tại Bộ Tài chính giai đoạn 2016 - 2020

Read the untranslated law here: http://vbpl.vn/tw/Pages/vbpq-toanvan.aspx?ItemID=97378&Keyword=

Decisions about the management of loan fees and use excerpts in the Ministry of finance guarantee fee of the period 2016-2020 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law on public debt management, June 17, 2009;
Pursuant to Decree No. 78/2010/ND-CP dated 14 July 2010 the Government loans back foreign capital of Government;
Pursuant to Decree No. 15/2010/ND-CP dated Feb. 16, 2011 the Government levels and manage Government guarantee;
Pursuant to Decree No. 133/2005/ND-CP dated 17 October 2005 of the Government regulations of autonomous, responsible about using payroll and expense management for State agencies; Decree No. 117/2013/ND-CP of October 2013 the Government amendment, addition of some articles of Decree No. 130/2005/ND-CP dated 17 October 2005 of the Government regulations of autonomous, responsible about using payroll and expense management for State agencies;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
According to the recommendation of the Minister of finance, the Prime Minister issued a decision on the use of the loan fee management and guarantee fees in the excerpt section of the Ministry of finance the 2016-2020 period.
Article 1. Scope and objects 1. Scope: this decision regulates the management of loan fees and use excerpts by the Ministry of finance guarantee fee collected according to the provisions of the law on public debt management, applied to the period from fiscal years 2016 to 2020.
2. Objects: a) direct unit make public debt management at the Ministry of finance;
b) units directly involved in the work specified in point d of paragraph 1 article 4 and the unit to contribute directly to public debt management operations specified in clause 2 4 of this decision.
Article 2. The goal, ask: 1. Goal: managing to use loan fees and guarantee fees are excerpts focus for organizational goals of raising capital with the cost and the risk level is suitable, meet the requirement to balance the State budget and investment in economic and social development in each period; the right loan allocation purposes, effectively, ensuring the ability to repay; maintaining public debt indicators, government debt and external debt of the countries in the level of safety, ensure national financial security, in accordance with the conditions of Vietnam and international practices.
2. Requirements: to use savings, efficiency, proper purpose; no duplication with regular spending estimates are the State budget guarantees.
Article 3. Allocating the proceeds from loan fees and guarantee fees quoted part is allocated as follows: 1. Extract 40% to take on debt accumulation Fund;
2. The amount of 60% of the rest is used to supplement funding for direct unit make public debt management at the Ministry of Finance (in addition to the State budget section level to ensure normal operations according to current regulations) for the purpose specified in article 4 of this decision.
Article 4. Use of funding each year, in addition to budgeting to ensure normal operations according to current regulations, the Ministry of finance allocated direct unit made the management of the public debt management used the funding allocated in paragraph 2 of article 3 of this decision, to support the content of the following genera : 1. enhancing the effectiveness of public debt management, including: a) build, maintains, upgrades the database public debt and public debt management and non-refundable aid management;
b) advocacy, policy, common law on the management of public debt and non-refundable aid; build, maintain the operation of the electronic information Page on public debt management; publication public debt and publications relevant to the management of the public debt;
c) equipped with the facilities, equipment for the management of the public debt and non-refundable aid management;
d) business activity public debt management under the guidance of the Ministry of finance like hire the expert legal advice, support the implementation of the public debt management services; spend on counseling and legal assistance; check, monitoring project; seminars, conferences; training officer; research, survey, study experience in the country and abroad; spending on scientific research, the implementation of the project, thematic mechanisms and policy expertise on the management of public debt and non-refundable aid;
salary supplements) must not exceed 1 times the salary by State regulations for public servants by State regulations (salary scales and allowance, except in pay to work at night, overtime). Genus content will terminate when implementing new salary regime;
The genus content specified in point a, b, c, d, e Clause 1 of this article follow mode, standards, and norms have been competent bodies issued. The Minister of finance for approval, issuing costs public debt management business segments based on the use of standard costs, according to the current rules, in accordance with the situation and the potential sources of funding.
2. The genus rewarded for the collective, the individual outside the unit directly make public debt management at the Ministry of finance to contribute directly to public debt management activities. The total maximum spending by 12 months of salary in the year of the unit directly made the management of the public debt.
3. After completing the task as specified in paragraph 1 and 2 of this article, the expense savings (if any), the unit directly make public debt management at the Ministry of finance is used for the purpose of spending under the provisions of the Decree No. 133/2005/ND-CP on October 17, 2005 by the Government of autonomous mode , solely responsible for the use of payroll and expense management for State management bodies, Decree No. 117/2013/ND-CP of October 2013 the Government amendment, addition of some articles of Decree No. 130/2005/ND-CP and the provisions of relevant laws.
4. Of the remaining funds after it was used for the above content was transferred the following year to use as defined in this decision.
Article 5. Implementation 1. The Ministry of finance specific guidelines on the management and use of the contents of the budget in accordance with this decision.
2. the expense has not yet used up of stage make use of management fees by decision No. 46/2012/QD-TTg on October 29, 2012 of the Prime was converted into a revenue source to use for the purpose of spending under the provisions of this decision.
3. The Finance Ministry directed the unit to directly implement the management of the public debt the Organization implemented; periodically reviews the situation and examine the implementation, ensure publicity and transparency, use the proper funding of the purpose specified in this decision.
4. The third quarter of the year 2020, the Ministry of Finance held summarizing, evaluating the results of the management of the use of funds in the unit directly make public debt management, on the basis that, in coordination with the relevant authorities the prime consideration, decided to use the management fees for the loan and the guarantee fee excerpts for next phase According to the.
Article 6. Effective enforcement of this decision with effect from 25 March 2016, replacing decision No. 46/2012/QD-TTg on October 29, 2012 of the Prime Minister on the management of loan fees and use excerpts of charge guarantee at the Ministry of finance the 2012-2015 period and applied to the budget year from 2016 to 2020. During execution, the case law on the management of public debt and the guidance documents change then follow the new rules.
The Minister of finance, the Minister of the Interior and the heads of the agencies responsible for the implementation of this decision.