Circular 3/2013/tt-Btc: Regulating The Management, Use Of Proceeds From Loan Fees And Charge Back Guarantee Was Quoted In The Ministry Of Finance The 2012-2015 Period

Original Language Title: Thông tư 29/2013/TT-BTC: Quy định việc quản lý, sử dụng số tiền thu được từ phí cho vay lại và phí bảo lãnh được trích tại Bộ Tài chính giai đoạn 2012-2015

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The CIRCULAR regulates the management and use of proceeds from loan fees and charge back guarantee was quoted in the Ministry of finance the 2012-2015 period _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 60/2003/ND-CP dated 6/6/2003 of Government of detailed rules and guidelines for implementing the law on the State budget;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, duties, powers, structure and organization of the Ministry of finance;
Pursuant to decision No. 46/2012/QD-TTg on October 29, 2012 of the Prime Minister on the management, use, loan fees and guarantee fees quoted section at the Ministry of finance the period 2012-2015.
According to the proposal of the Director General, Finance Administration career;
The Minister of Finance issued a circular regulating the management, use of proceeds from loan fees and charge back guarantee was quoted in the Ministry of finance the 2012-2015 period as follows: article 1. Scope 1. This circular regulates the management and use of the proceeds from the loan guarantee fee back fees are quoted in the Ministry of finance the period 2012-2015.
2. Fee for loan's borrower fee back pay as specified in clause 1 article 10 of Decree 78/2010/ND-CP dated 14/7/2010 of the Government loans back foreign capital from the Government.
3. the guarantee Fee is part of the Ministry of finance was quoted as defined in paragraph 3 article 12 of Decree 15/2011/ND-CP dated 16/02/2011 by the Government on the level of management and Government guarantees.
Article 2. Application object 1. The Ministry of finance.
2. The unit directly make public debt management at the Ministry of finance and debt management Department foreign financing.
3. direct coordination unit to implement the management of the public debt at the Finance Ministry.
4. The organizations and individuals related to the management, use, loan fees, and guarantee fees excerpts related to public debt management activities.
Article 3. Allocation and use of funds 1. The proceeds from the loan fees and charges taken guarantee, distribution and management, use the following: a) Spend 40% of the proceeds from the loan fees and guarantee fees as prescribed in paragraph 1, paragraph 2 article 1 of this circular was to leave the Fund accumulated debt.
b) 60% of the rest was used to spend according to the provisions in clause 2 article 2 of decision 46/2012/QD-TTg on October 29, 2012 of the Prime and the guidance in this circular.
2. Funding source specified in point b of paragraph 1 of article 3 of this circular is distribution and delivery estimates: investment guarantee facility, equipment, increase efficiency in managing public debt under the scheme, program specific plans, the Minister of finance approved a minimum of 40%; Genus fostering training, workshops, training to enhance the capacity of professional foreign language, and more rewarding for the collective, the individual beyond direct unit made the management of the public debt at 60% of the maximum Finance Ministry.
3. use of content cost: a) genus of the investment facility, the equipment, increase efficiency in managing public debt under the scheme, program, specific plan was approved by the Finance Minister, are:-investment in infrastructure, procurement of equipment serving the management of the public debt.
-The application of information technology in the management of the public debt, including: hardware equipment; build, deploy the software; construction of a database on public debt and other information technology projects serve the management of the public debt.
-Fostering training, workshops, training to enhance the capacity of professional expertise, foreign languages and other related knowledge (including training, fostered in the country and dispatched officers to participate in training courses abroad) of staff, civil servants are directly making the management of the public debt; officials and public servants related to the management of the public debt at the Finance Ministry and other organizations and individuals concerned.
b) 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 (in addition to the annual reward account pursuant to the provisions of the law on competition, reward): a maximum of one month salary , public money and income made in the year of the debt management and financial Bureau.
4. the number of funds has been arranged to perform the duties specified in paragraph 3 of this article last year have yet to use the expired, was transferred the following year to continue performing their duties.
Article 4. Standards, norms, genus genus mode mode make investments, enhance efficiency in managing public debt from lending and fee income the guarantee fees are quoted according to the mode of financing of the expenditure of the State. This circular instruction more some of the following: 1. the investment infrastructure Spending, stores equipment: follow prevailing norms, standards by the State and the Ministry of finance regulations; the Organization of investment, procurement in compliance with the provisions of the law of tenders and the Ministry of finance regulations 2. Spend on information technology application, made under the provisions of Decree No. 102/2009/ND-CP dated 06/11/2009 on the management of government investment in information technology applications using State budget funds; Circular No. 19/2012/TTLT-BTC-BKH & TEL-BTTTT on 15/02/2012 of the Ministry of finance, the Ministry of information and communications, the Ministry of planning and investment to guide the management and use of funds spent on information technology application in the operation of State bodies.
3. Chi training, fostering, public servants perform as specified in circular No. 139/2009/TT-BTC on 21/9/2010 of the Ministry of Finance regulates the establishment, management and use of funds from the State budget for the training, fostering, public servants.
In addition, further instructions are as follows: for the case of invited lecturers: depending on the level of need, chief financial and debt management for the decision to invite foreign lecturers, decided the level of remuneration for foreign instructors on the basis of the agreement with the faculty, ensuring the match funding possibilities and take responsibility for his decisions.
4. Spend studying overseas survey, done in accordance with circular No. 102/2012/TT-BTC on 21/6/2012 of the Ministry of finance work fee regulations for public servants, short-term assignments abroad due to the State budget to ensure funding.
5. for special expenses in the management of the public debt that has not been prescribed in the text mode of the competent agencies: funding source bases used and based on the use of standard costs, regulations, Ministry of Finance building , issued standard, specific spending accordingly to make the base implementation.
Article 5. Use the cost savings to be end of year budget variances between funds specified in point b of paragraph 1 of article 3 of this circular and the number of actual spending made the content specified in paragraph 3 of article 3 of this circular, the Department of management and finance foreign debt is used for the following : 1. additional income for officials and public servants 1.0 times the maximum salary level, the position (including the salary scales, and the types of allowances allowances except; night, overtime) by State regulations. The distribution of income for public servants attached to the principles of efficiency, quality of the work done by each of the officers, public servants and ensure fair and reasonable, must be specified in the regulations of the internal spending.
The total additional spending of income for officials and civil servants from the above-mentioned sources and from the funds of the savings the unit when making financial autonomy regime as stipulated in Decree No. 133/2005/ND-CP dated 17/10/2005, the maximum not to exceed 1.0 times the salary level , the position of State regulation.
2. The genus rewarded, for the welfare of officials and public servants (maximum 3 months salary, wages and real income made in the year (in addition to the annual reward expenses under the provisions of the law on competition, reward), include: genus rewarded periodically or irregularly for the collective, the individual as a result of the work and achievements contribute; for collective welfare activities of officials civil servants; sudden hardship allowances for officials and civil servants, including with regard to the case of retirement, vacation takes effort; spend more for workers in payroll when making payroll.
The total reward spending, welfare for officials and civil servants from the above-mentioned sources and from the funds of the savings the unit when making financial autonomy regime as stipulated in Decree No. 133/2005/ND-CP dated October 17, 2005, must not exceed 3 months salary, wages and real income made during the year. The level of genus, the genus-specific subjects are to be specified in the Statute of the unit's internal spending.
3. Extract the reserve funds stability level of income: deductions to ensure the balance of the Fund must not exceed 3 months make. Income stabilization reserve fund to be used in case the expense savings are not enough to ensure a stable income for the officers, servants of debt and financial management Department. The total additional spending of income for officials and public officials of the Department of management and finance foreign debt annually from the Fund and from cost saving of the unit when making financial autonomy regime as stipulated in Decree No. 133/2005/ND-CP dated 17/10/2005, the maximum not to exceed 1.0 times the salary level , the position of State regulation.
4. Of the remaining savings funding (if any) after it was used for the content of the provisions in this Article, was transferred the following year to continue using.
Article 6. Establishment of the Executive, and The establishment of settlement estimation, Executive, accounting and payment of the fee for the loan guarantee fees and are free to leave, made according to the current rules, this circular instructions a specific number of points as follows: 1. About estimating: annually, at the time the budget estimation of construction , Debt management and financial Bureau for foreign based ability collectible, demand of years of planning, construction estimating, spend from loans and fees guarantee fee, combined in the estimation, the annual budget of the Bureau, submit to the Ministry of Finance (I estimate) to consider General balance, and synthesis on the estimation of the annual State budget according to the provisions of the law on the State budget.

2. Distribution and estimation: estimating base currency-the annual State budget was delivered by the Prime Minister, the Ministry of Finance (financing level I) making the estimation of revenue-spending for debt and financial management Department for Foreign Affairs (which includes the estimation of incomes and expenses from loan fees and guarantee fees).
3. execute operating revenue estimation: a) and debt management Department foreign financing based on the contract for the loan and guarantee commitments, held back lending fees and guarantee fees according to the regulations, filed into the accumulated Fund to repay.
b) monthly, on the basis of the charge for the loan, the guarantee fee fact obtained, debt and financial administration for the Department of finance determined was quoted as defined in article 2 of this circular, which determine the number of 40% of the cumulative debt service Fund leave and 60% are used as defined in article 2 of decision 46/2012/QD-TTg on October 29, 2012 of Prime and guidance in this circular.
Debt management Bureau and foreign finance open account in the State Treasury to receive and use of 60% loan fee and guarantee fees are to leave the Finance Ministry stated on. The State Treasury made to track and control spending for the Agency's activities from this account in accordance with the current rules.
4. Terms of payment: a) after the end of the budget year, the debt management Agency and foreign finance is responsible for collating data on loan fees and guarantee fees with the lending agency and the project owner to determine the number of Ministry of finance charges are quoted and used according to regulations.
b The number of settlement fees) for the loan and the guarantee fee is to leave the Finance Ministry made prevailing regulations and General synthesis in the annual settlement of debt and financial management Department.
Article 7. Implementation 1. This circular is effective as from 01/01/2013.
2. With regard to the distribution of increased income of civil servants and debt management Department foreign financing in 2012: Chief financial and debt management for foreign made additional income for civil servants also increased earnings were an advance under the general regime for the unit in the Ministry of finance , make sure the total number of extra income in 2012 do not exceed 1.0 times the salary level, the position stipulated by the State; at the same time ensuring the principle of attaching to the efficiency, the quality of work done by each of the officers, public servants and ensure fair and reasonable, must be specified in the regulations of the internal spending.
3. The money is leaving the genus from lending and fee income fee guarantee by 2012 after spending extra income by 2012 according to the provisions in paragraph 2 of this article, are turning to 2013 use and comply with the provisions of this circular.
4. the annual recurring, Director debt management and foreign financial institutions reviews experiences in the implementation of the management and use of loan fees and guarantee fees quoted section at the Ministry of finance, reports to the Minister of finance; in the third quarter, 2015, the Ministry of finance, reviews the results of both the period 2012-2015, the prime mechanism for implementation of the next stage.
In the process of implementing, if difficult obstacles suggest reflection on the Ministry of finance to study the resolution.