Circular No. 117/2013/tt-Btc: A Guide To The Financial Mechanism And Disburse Credit Capital Of The European Investment Bank For The Project To Build Urban Railways Hanoi, Pilot ...

Original Language Title: Thông tư 117/2013/TT-BTC: hướng dẫn cơ chế tài chính và giải ngân đối với nguồn vốn tín dụng của Ngân hàng Đầu tư Châu Âu cho Dự án Xây dựng tuyến đường sắt đô thị thí điểm TP. Hà Nội, đ...

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FINANCE MINISTRY
Number: 117 /2013/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, August 23, 2013

IT ' S SMART

Guide to financial and financial mechanisms for your credit capital.

The European Investment Bank for the Urban Rail Transit Project

The TP site. Hanoi, verse-Hanoi Station (3rd line) and Project

Construction of the 2-TP metro line. Ho Chi Minh

________________________

The Public Debt Management Law Base 29 /2009/QH12 June 17, 2009;

Base of Protocol 78 /2010/NĐ-CP July 14, 2010 of the Government on loan to the government's foreign borrowing source;

Base of Protocol 79 /2010/NĐ-CP July 14, 2010, of the Government on the management of public debt;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 of the Government Regulation, mandate, authority, and organizational structure of the Ministry of Finance;

The Digital Base. 108 /2007/TT-BTC 07/09/2007 guidelines for financial management of programs, official development support projects (ODA); Digital Information (ODA). 40 /2011/TT-BTC 22/03/2011 and Digital News 107 /2011/TT-BTC July 20, 2011 by the Ministry of Finance amended the Digital Information Supplements 108 /2007/TT-BTC September 7, 2007.

FI N Loan Agreement 0 25,946 signed on 06/12/2010 between the Ministry of Finance on behalf of the Government of the Socialist Republic of Vietnam and the European Investment Bank (EIB) funded the project "Building Line 2 Subway Line 2 cities Ho Chi Minh City" valued at € 150 million and the FI N Loan Agreement 0 25.758 signed on 4 October 2010 between the Ministry of Finance on behalf of the Government of the Socialist Republic of Vietnam and the European Investment Bank (EIB) funded the project "Building the Pilot Urban Railway of Hanoi, the quarter-Ga Hanoi" valued at € 73 million. (later called the Agreement);

Office No. 2211/TTg-QHQT on December 3, 2010 by Prime Minister approx the Agreement "Building the 2nd Subway Line of Ho Chi Minh City" and the 1772/TTg-QHQT text on September 30, 2010 of the Prime Minister approv. "Hanoi, Hanoi" with the European Investment Bank (EIB).

Office of 2152 /VPCP-KTTH on 03/04/2012 and number 908 /VPCP-KTTH on 17 February 2012 by the Prime Minister of the Government of the Government of the Government of the Government of the United States, and the organization of the Organization of the United States, and the organization of the United States, the organization of the United States, and the organization of the United States, and the organization of the United States, and the United States,

On the recommendation of the Director of the Bureau of Debt Management and Foreign Finance;

The Minister of Finance issued the Financial and Financial Financing Guidelines on the European Investment Bank's credit capital for the TTP-pilot Urban Rail Transit Project. Hà Nội, Nhà Hà Nội (3rd line), and Project Building 2. Ho Chi Minh,

Item 1

GENERAL REGULATIONS

What? 1. The adjustment range

This information regulates the financial mechanism and the solution procedure applicable to the credit capital of the European Investment Bank (later called "EIB") for the TTP-pilot Urban Rail Transit Project. Hà Nội, Nhà Hà Nội (3rd line), and Project Building 2. Ho Chi Minh (later called "Project").

What? 2. Subject applies

This information is applied to the Project hosts, the Project Governing Bodies, and the agencies, organizations, and units in relation to the use of the EIB's credit capital to implement the Project.

What? 3. Explain the word

1. The project host agency: is the UBND city of Hanoi (for the TTP-pilot Urban Rail Transit Project). Hà Nội, Nhà Nội (3rd) and UBND Ho Chi Minh City (for Project 2). Ho Chi Minh) (later known as "UBND city").

2. Chairman of the project: is the Hanoi Metropolitan Railway Management Board (by Decision No. 1970 /QĐ-UBND on April 27, 2009, for the approval of BCNCKT, the investment project for the construction of the capital city of Hanoi, the Nhong-Hanoi Station, and Decision No. 925 /QĐ-UBND on 22/02/2012 of UBND in Hanoi) and the Ho Chi Minh City Municipal Railroad Management Board (... By Decision No. 4474 /QĐ-UBND on October 11, 2010, for the approval of the project to build a 2-TP subway line. "Ho Chi Minh City". .

In addition to the task function stated at the two top decisions, the project holder is the annual Capital Withdrawal Planning Agency for the Project, which signs the proposed withdrawal to the Ministry of Finance and is the account holder of the EIB ' s credit capital gains by the Treasury Department from the Special Account. You know, the project account for the contractor's payment.

3. Capital: UBND the city of Hanoi and UBND city Ho Chi Minh City is the capital receiving capital (for the allocated capital portion), signing a loan, receiving a loan and paying off loans when it comes to a deadline with the Ministry of Finance (for the portion of the loan).

What? 4. Management Principles

1. The credit in accordance with the Agreement is the foreign loan of the Government of Vietnam. The entire loan, the debt paid into the State Budget.

2. The domestic financial mechanism applied to the Project was the mechanism approved by the Prime Minister at 2152 /VPCP-KTTH on 03/04/2012 and number 908 /VPCP-KTTH on 17 February 2012.

3. The Ministry of Finance makes the loan again and signed a loan contract with UBND to the city for the investment content of the borrower. UBND the city is responsible for the repayment of the debt in the annual NSDP, and the completion of the NSTW is complete and full.

4. UBND the city and the Chair are responsible for using the right and effective EIB loan capital, in accordance with the regulatory conditions in the Inherent Loan Agreement signed with the EIB and the relevant existing regulations of Vietnam law.

Item 2

SPECIFIC REGULATIONS

What? 5. Financial Mechans applicable to the Project

1. For the EIB loan portion: The Central Budget transfer capital to the project Chair to the Chair to implement the Project by the mechanism as follows:

a) The development of capital payment categories for the construction of the railway infrastructure is regulated by the Vietnam Railway Law in 2005 and the other in accordance with the current regulation.

b) Give a partial loan of the payment of the equipment procurement items, including equipment, transport vehicles, terminal mining, depot;

c) The backup cost: the financial mechanism (allocated or relending) will determine on a content basis using capital as stipulated at a point a, b paragraph 1 This is approved by a competent authority;

d) Base project holder in the 3155 /BGTVT-KHT on 24 April 2012 issue of the Department of Transportation Guide to the mining-related categories, operating the urban rail transport business in the form of the application form of the project management agency. The document has a clear definition of the contents of each contractor's contract, or a loan, or a combination of loans and loans, and sends the Ministry of Finance and State Treasury to monitor, the accounting and control of the EIB loan payments. accounting for Project.

The Ministry of Finance of the loan was borrowed from the Agreement under the Loan Agreement signed with UBND in accordance with the specific conditions set forth at Appendix 1 (for Project 2-TP Subway Line). Ho Chi Minh) and Appendix 2 (Project Building Rail Corporation). Hanoi, paragraph 3) of this information.

-The loan conditions (time and interest for the loan) are equal to the loan conditions in the Agreement.

-loan fee: The Ministry of Finance does not charge a loan to the loan again as specified at point b 1, Article 10 of the Digital Protocol 78 /2010/NĐ-CP.

-In the process of withdrawal of the Project, the Ministry of Finance pays the relevant types of charges under the Agreement of the Agreement, including the portion of the fee corresponding to the loan portion. After the project ended its capital, the city was responsible for paying the Finance Ministry once more relevant charges under the Agreement submitted by the Treasury Department to the EIB in the course of the corresponding rate with the loan.

-The project owner is liable to pay directly to the Bank serving in the country's service fees (including an opening fee of L/C, international payment fees, etc. if available).

2. For the opposite capital: UBND the city has a self-balancing responsibility under regulation at Article 14 Digital Protocol 79 /2010/NĐ-CP to pay for the indirect taxes, the cost of compensation, free-release and other response needs (if available), ensure adequate, timely, adequate capital layout, in accordance with the regulation of the law on the State Budget and the Agreement.

What? 6. EIB loan capital procedure

1. Regulations on the currency of the currency, the currency receives debt, the EIB loan account, the birth rate and the debt date

a) The Treasury Department opened an account at a commercial bank to take on the funds from the EIB (later known as " Special Account (TKĐB) ). The total number of solutions from the EIB to the TKDB is less than 10 times and the minimum amount is 5,000,000EUR/batch (€ 5 million).

b) The project host opens the project account at the commercial bank serving the Project (call off) Project Account (TKDA) ) to take on the funding provided by the Treasury Department from the Special Account to pay the project's contents.

c) The currency and currency of the project from the EIB to TKDB and from TKDB to TKDA are EUR, USD or GBP at the request of the Project Owner and in accordance with the provisions of the Loan Agreement.

d) EIB performed the solution on the basis of the Finance Ministry's solution to the Ministry of Finance accompanied by the Chair of the Project (English and English) of the project to accompany the evidence from the relevant payment stated at Point 2 below.

e) For the loan capital, the day the Finance Ministry is owed to UBND the city (or the Hanoi City's Finance Department and Ho Chi Minh City's Finance Department-which is authorized by the UBND) as the date EIB owes its debt to Vietnam. For the allocated capital, the payday is the day the Ministry of Finance transfers money from TKB to TKDA.

f) The balance on TKĐB and TKDA is entitled to the rate of interest in the regulation of the service bank or by the rate of interest in agreement between the service bank and the account holder. Interest in TKDA is NSP. The interest rate on TKDB is part of the NSTW source.

The tracking and use of the birth rate is done by regulation at the 108 /2007/TT-BTC of the Ministry of Finance on 7 September 2007 guidelines for financial management mechanisms for programs, official development assistance projects (ODA) and modified documents, additional replacement of this Information.

g) The EIB loan funding to pay for the contractor of the Project is done according to the progress of the contract implementation and the specific conditions of the content, payment ratio and certificate from the regulation payment at the Contract. During the implementation of the Project, if the dispute arise regarding these trade contracts, the project holder needs to resolve directly with the contractor, while also having written notice to the project ' s governing body, the Ministry of Finance and the agencies involved in the project. in terms of disputes and solutions to the same coordination, tracking.

2. Banking Procedulation

a)

-At least 20 working days before the day of the settlement, the project owner sent to the Ministry of Public Finance to recommend the sample (English and English) in the form at Appendix 3-1 and 3-2 (specifically, the legal bases, the value of the loan offer to the bank, plan to use the Loan in accordance with the implementation progress and the payment progress according to the trade contracts of the Project, the relevant certificate (if any) ...) and the additional process documents. if you have a request.

-In a maximum of five days of work since the date received full profile of the project owner, the Ministry of Finance sends the prize money (according to the document at Annex C of the Agreement) to EIB transfer money into the TKDB.

-In a maximum of 15 working days since the date of receiving the Treasury of the Treasury proposal, the EIB will consider, transfer the money into the TKDB if the payment is accepted (or will have the text to send the Finance Ministry explicitly informed the reason if it does not accept payment).

b) Offer the first solution to TKĐB:

In addition to the records as listed at Article 1.04 of the Agreement (the Solving Conditions), before the first solution, the Project needs to submit the Ministry of Finance of the following documents:

-Decided to approve the project.

-The decision to approve the results of the bid (itself) and the English translation.

-02 Contract copies (or copies of the main medical copy).

-The text of the Chair introduces the signature of the authorized person to sign the records, offer the solution and the payment of the project (name, title, and the signature of the individual introduced).

-Bail copies make the contract, bail out the deposit.

-The financial plan of the year (including the project ' s capital withdrawal plan).

The project holder only needs to submit one time of the above documents to the entire project, except for the additional modification or modification of the records, the document. Financial planning, just sending out every year by regulation at Digital News. 108 /2007/TT-BTC, Private 40 /2011/TT-BTC March 22, 2011 amendment, adds some point of the Digital Information 108 /2007/TT-BTC July 7, 2007.

c) TKD-B plugin:

When the balance on TKDB and EUR 1,000,000, the Ministry of Finance sends a message to the project owner to make the EIB record recommended. The proposed profile includes:

-The project's work on the Ministry of Finance sends the Treasury to offer additional funds to the TKĐB which states that the legal bases determine the value of the proposed cashier (the approved, contract-to-contract);

-Table of prescribation from TKDB to TKDA to the time of the additional settlement by the Chairman, the payments from those solutions in the form at Appendix 4 This is the message.

-How about the project account to the time of the additional bank offer issued by the bank.

Within a maximum of 5 days of work since the date received full of records, the certificate from the valid payment, the Treasury Department will review and sign the EIB deposit.

d) The solution to the project from TKĐB:

-When a payment request for the contractor/the supplier of goods, services to the project, the project owner sends the Ministry of Finance to offer the EIB capital prize on TKDA by pattern at Annex 3-3, accompanied by a Certificate in Payment confirming KBNN's control.

-The project owner is responsible for calculating the correct amount of money from the EIB capital in accordance with the content and the ratio of the payment under the regulation at the Agreement. In the case of payment for the contractor/vendor with VND, the project holder is responsible for the provision of the value of the equivalent foreign currency by the bank's purchase price at the time of the publication of the Ministry of Finance to offer the EIB funding from TKDB to TKDA.

-Within a maximum of 2 days of work since the date received full profile, the certificate from the valid payment, the Ministry of Finance will review and transfer payment of TKDA.

-In a two-day period of work, the Chair is responsible for transferring payments to the contractor/the supplier under the recommended expenses and being interpreted by the Ministry of Finance from TKDB.

What? 7. Cost of control

The funds from TKDB and TKDA carry out the manual control at the Digital Notice. 108 /2007/TT-BTC, Digital 40 /2011/TT-BTC guidelines for financial management mechanisms for programs, official development support projects (ODA) and modified, complementary or alternative documents.

The control agency is the local State Treasury, which exercises control over the entire project's spending operation, including the allocated portion of the project and the resection of the Project.

What? 8. State Budget Accounting

Periodically, the base on the basis of the amount of capital that has been solved from TKB to TKDA, the Treasury Department records the central budget and accounts for the NSDP (for the portion of the loan allocated) or the lending of loans to the city of UBND (for example). Part of the loan.

What? 9. Report Mode

The project owner is responsible for implementing the report mode as follows:

a) A quarterly and annual term of reporting on the use of EIB capital for the project to send the Ministry of Finance as a monitoring base, monitoring.

b) To the Ministry of Finance of the Financial Reporting Report of the annual project, report the implementation of the Annual Project and other reports as defined by the Agreement.

c) Save the entire certificate from the solution and use capital to carry out the operation, hand and management of the state assets after the end of the Project.

Section 3

EXECUTION CLAUSE

What? 10. The effect of execution

This message has been in effect since October 8, 2013.

What? 11. Organization to execute

Ministries, UBND cities Hanoi and UBND city Ho Chi Minh City, the relevant agencies are responsible for the organization's implementation of this Information. In the course of execution, if there is an entangrium, suggest the agencies, the relevant unit that reflects in time for the Ministry of Finance to study, resolve ./.

KT. MINISTER.
Captain.

(signed)

Cheung Chi