Circular No. 206/2012/tt-Btc: Guide The Establishment, Management And Use Of The Fund Of Industry Coal-Mining Vietnam

Original Language Title: Thông tư 206/2012/TT-BTC: Hướng dẫn việc lập, quản lý và sử dụng các Quỹ tập trung của Tập đoàn công nghiệp Than-Khoáng sản Việt Nam

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FINANCE MINISTRY
Number: 206 /2012/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 26, 2012

IT ' S SMART

Guidance for the establishment, management and use of centralized funds

of the Vietnam Coal and Mineral Industries Group

________________

Corporate Income Tax Law Base 14 /2008/QH12 June 3, 2008 of the National Assembly of the Socialist Republic of Vietnam;

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

Decision base 989/QĐ-TTg on 25 June 2010 by the Prime Minister on the transfer of the parent company-Coal Industry Corporation of Vietnam to a member owned by the State.

Decision base No. 418/QĐ-TTg on March 21, 2011 by the Prime Minister on Appropriation of the Organization and Operations Charter of the Vietnam Coal and Mineral Industries Group;

Execute the direction of Deputy Prime Minister at the 88560 /VPCP-KTTH Office on 1/12/2011 of the Government Office on the centring funds of the Vietnam Coal and Mineral Industries Group;

On the recommendation of the Director of Corporate Finance;

The Minister of Finance issued the Investment Guide, Management, and Use of the Concentration Fund of the Vietnam Coal Industries Corporation.

What? 1. The applicable object and scope:

1. This is the parent company, the Vietnam Coal-Mineral Industries Corporation (VINACOMIN), the mining units, the coal-mineral processing units, the benefit units of the funds concentrated in the Vietnam Coal and Mineral Industries Corporation.

2. This Smart adjuvation range regulates the establishment, management, use of the focus funds at VINACOMIN:

a) Coal and Coal Exploration Foundation.

b) Coal and Coal Environment Fund.

c) The ER.

d) The Training Fund, the Health.

The Fund for Labor.

What? 2. The source of the formation and the calculation rate to set up the funds.

1. The centralization funds are charged at the cost of being unless determining the taxable income of VINACOMIN and the production units, the coal-mineral processing, with the specific level as follows:

a) The maximum carbon-mineral exploration fund is no more than 2% on the total revenues of the production units, the coal-mineral processing;

b) The coal-mineral environment fund is calculated to maximize no more than 1.5% on the total revenues of the production units, the coal-mineral processing;

c) The relief grant fund is not more than 0.1% on the total revenues of the production units, the coal-mineral processing;

d) The Training Fund, the health of health care was not more than 0.3% on the total revenues of the production units, the coal-mineral processing;

The revenue of the coal-based processing units to calculate and fund a sales income minus the value of coal, the mineral purchased and sold out during the period.

e) Revenue of the coal production units performs in the direction of the enterprise accounting regime.

2. The labor structure Innovation Fund is calculated from the annual implementation of the VINACOMIN annual wage fund and the extraction units, the coal-mineral processing. The maximum rate of charge is not more than 1% on the total food fund of the parent Company and the production units, the coal-mineral processing.

Member Council of the Vietnam Coal Industry Corporation presided over, in coordination with the Executive Board of the Company Regulations the calculation to establish, administer, use this Fund to ensure compliance with the regulations of the relevant law and the Charter of operations organization. The company.

3. Principles for the set of centrally focused funds: The Group Member Council decides the rate of calculation to set specific funds annually but must ensure the following conditions:

a) The calculation of the calculation to set the funds does not exceed the specified level at paragraph 1, paragraph 2 of this Article.

b) The level of calculation of funds does not exceed the rate of planning, the corporation's annual concentration fund after the Ministry of Commerce's agreement (including the source of the previous year's income).

c) The calculation at the expense of the charge to have the input of VINACOMIN set up centralized funds that do not make businesses that are lost. Businesses that result in a loss business are not included in the cost of VINACOMIN to set up centralized funds.

4. The focus of focus funds: The balance of VINACOMIN ' s focus funds is transferred next year to a maximum of no more than 10% of the total cost of the funds of the following year. If the number of funds is higher than 10% of the total fund spent next year, the VINACOMIN difference is in the taxable income at the parent company.

5. Base to the decision to approve the business production plan, the procurement plan, the focus of VINACOMIN ' s concentration funds; the situation that implement the business production plan of the object-based units at the expense to have the source of the VINACOMIN set up funds. Focused, quarterly, VINACOMIN ' s Board of Membership announced plans to allocate its funding into the cost so that businesses are actually taking into account business costs, the timing of which is the end of the year.

What? 3. Content content, management process and use of centralized funds.

1. Content and use of funds

a) Coal and Coal Exploration Foundation.

-The survey survey of the geology of coal and mineral deposits: The establishment of the exploration licensing projects, which details the results of the results of the exploration results, the survey details of the geologic geological exploration, hydrology geology, the hydrology meteorology of coal mines and Mineral deposits.

-Exploration spending, additional exploration of the capacity for investment projects.

-The exploration of resource development, reserves.

-Dominate resource-level conversion reports.

-The measure of the ground topographic mapping (including the air capture method), the dynamic observation, and the volume of coal mines and minerals.

-Building the geological database of coal mines and other mineral deposits.

-The construction of lava flows, coal quality, other minerals.

The expenditures are limited to the territory within the territory of Vietnam. If you use the funding to serve overseas exploration, it must be agreed by the Prime Minister.

b) Coal and Coal Environment Fund.

-Construction costs, investments, collection systems, storage, processing, waste recycling, processes, prevention systems, environmental pollution prevention.

-Chi-built, environmental recovery, landscape of landfill, mining and other productive areas; renovation, environmental restoration, landscape of affected areas.

-Building the drainage system, water treatment, dams, geckos, sewers, and transportation works that are related to environmental protection.

-The resolution, rectify the environmental, natural disasters.

-For operations to operate, use of the works that are invested to handle the pollution of the environment.

c) The ER.

-The investment shopping costs of the specialty equipment that cater to the ambulance work such as fire trucks, ambulances, water pumps, air compressuris ...

-The regular cost for the activities of the Vinacomin-owned Deposit Center includes: the cost of wages, salaries, social insurance, health, unemployment allowance, union funding, middle-shift, major repairs, permanent repairs, fixed assets; and costs. the administrative management; the safety of industrial sanitation, flood prevention, natural disasters, environmental protection; card taxes, fees and other expenses.

-The cost of the medical emergency is: The supplies, the specialized equipment, the ER, the aid kit.

d) The Training Fund, the Health.

-Chi for the training of technical workers, colleges, including:

+ Chi training the specialty professions of the Group: Engineering tunnel mining Engineering, Building Engineering Furnace Tunnel, Reactor Engineering Engineering, Metalling, Chemicals.

+ Procurement procurement, school facilities, class, teaching equipment of schools.

+ Chi compiled the teaching curriculum for the particular discipline; the institution of good craftsmen in and abroad for the particular discipline.

-Training, management, management, engineering.

-Medical detail:

+ Chi supports regular funding of the Medical Center, the Group ' s hospital.

+ Chi treatment for occupational diseases (such as lung disease ...).

The labor structure innovation fund:

-To support the retirement worker before age.

-The worker's support is a one-time allowance.

-The specific level of support for each of the above subjects was decided by VINACOMIN but did not exceed the state regulation of the excess labor policy due to the rearrangement of the state business.

e) The expenditures for coal-mineral exploration, environment, aid, education, training, health care, and renewal of the labor structure have been offset by other sources of funding that are not issued from the source of funds gathered at VINACOMIN.

2. The process of using funds.

a) In units using the Foundation

-Every year, the units use centralized funds based on the need for new mining, improved mining capacity; evaluating the impacts of coal-based operations, minerals to the environment; the operational plan of the Center for the Center for the Rescue; the need. Investing in training schools, economic centers, and plans to innovate the labor structure for the organization to build plans to use the approved corporation program.

-The base on the plan to use centralized funds has been approved by the Corporation for implementing specific implementation of the entity:

+ Set up the details of the expenses.

+ Licensing, volume payments complete or spending regularly, shopping for investment, health care, labor restructuring costs.

-Over the end of the year, the units that report the accounting details under the plan were approved by the Corporation, which reported the annual decision of the units to be audits prior to the approval of the Group.

-Units that use the fund to store the decision to approve the project, the methodology, the bill, the decision allocation decision, the original evidence, the economic contract, the accounting record, the prescribed decision report.

b) At Group B: Target base, strategy, industry development planning has been approved by the Prime Minister, the Procurement Planning Corporation, the spending of funds focused on and the planning of exploration, coal-mineral surveys; environmental projects; training, medical, and research. The research and exchange of labor structures annually for units; and the approval of the project, the project, the bill for each unit.

-The monitoring, inspection, validation of the volume of the value of payment for each project, the solution.

-Make a plan-planned advance, a full-year fund accounting for units according to the number of decisions,

-Liu keeps the plans on the plan, the decision to approve the bill, the decision to recognize the results, the record receipt confirms the value volume of each project, the profile, the filing, and the decision to approve the decision; approx the decision. Environment for units, validation of the completion of environmental projects for units at completion of phase, or delivery of hand-to-use transactions.

-Fund management, mathematical fusion, Vinacomin's concentration funds.

3. VINACOMIN is responsible:

a) Build and enact the degree of cost of skilled worker training techniques; to the extent of the treatment of occupational diseases by regulation to make the basis of funding for the units used.

b) Building the specific use management process for each of the funds focused on the regulation of this and the provisions of the law.

c) The organization that manages the concentration funds at VINACOMIN performs the following tasks:

-Plan a collection-the concentration of funds.

-Manager, level, track of funds.

-In order, the funds are determined by the rules.

-Check, monitoring units using the right fund, content, time.

d) Open its own account at the commercial bank to follow, the accounting is clear, full of the revenues-the balance of the funds focused, the interest derived from deposing money from this account is accounted for by the corresponding funds.

What? 4. The plan to collect-the concentration funds.

1. Planning: Every year, VINACOMIN plans to collect, spend the funds gathered for the next year sending the Ministry of Industry, the Ministry of Finance ahead of the September 30th of the planning year. Within 30 days of work since the receiving and full profile of the collection plan, the VINACOMIN ' s focus funds, the Ministry of Industry chaired the initiative to participate in the text of the Ministry of Finance to have a written agreement with the VINACOMIN text.

2. Planning the collection, spend the funds: After the Ministry of Commerce's agreement, VINACOMIN is responsible for the planning of the procurement, the funds focused on the parent company and the units in the Group to implement the implementation. The slog planning time is 31/12 of the planning year.

What? 5. Fund accounting and accounting accounting.

VINACOMIN has the responsibility to open up accounting, clear accounting, full of revenues, expenditures; the hosting of records, evidence from the rule of law.

The organization of the calculation of the calculation, setting, management, use and accounting of funds focused on the guidelines of the Applicable Accounting Regime at the Vietnam Coal-Mineral Industries Corporation was unified by the Ministry of Finance, guidelines.

What? 6. Fund the funds and manage the assets formed from the source of centralized funds.

1. For units using the funding from the centralized funds: When the fiscal year end, the units use the funding from VINACOMIN ' s centralized funds to set up and submit a decision report on VINACOMIN. The main content of the problem is:

a) The total source of funding is issued from the focused funds for the year.

b) The correct amount of the internal funds are specified at 1 Article 3 of this Information.

c) The deflation, cause and petition of the units.

2. For VINACOMIN: When receiving a funding decision report from the centralized funds of the units used. VINACOMIN is responsible for testing, which approx funding decisions for units using centralized fund.

3. Base to the Decision to approve the VINACOMIN ' s budget decision:

a) VINACOMIN lymph node debit from centralized funds corresponding to the number of decisions of the use units.

b) The units use the funding from the funds:

-Implemendation of the cost of funding for regular expenses does not form a fixed asset.

-The expenditures form a fixed asset from the training fund, health care, the use of tracking, management, and accounting by the Ministry of Finance for the career of career administrative accounting.

c) The assets that form from the source of coal exploration fund-minerals are geologic documents:

-Documents that serve immediately for construction and development investment projects that are credited with the value of the work.

-Documents that have not been used directly for investment and development projects, VINACOMIN has the responsibility to store or deliver the geological units in the Prescribed Storage Corporation. When the Group has the need to use, the value of the above geological material is reassessed as specified and is charged into the total construction investment investment.

-The case of investigative projects, which surveyed the risk of coal-mineral exploration due to insufficiently qualified to make geologic documents serving industrial mining investment projects, the Fund for Reducing Funding from the Fund corresponds to the volume of work. Investigation, the coal exploration survey-the mineral has been decided by the bar.

d) The fixed assets formed from the source of coal-mineral environmental funds such as sewage treatment stations, dams, geckos, sewers, coal shipping routes outside the boundaries of mines, specialized equipment, water fountains, and coastlines. VINACOMIN gives business expertise in environmental management in the Management Group, maintenance of care, use, operating of these assets by regulation.

What? 7. Report mode and file retention.

After approval of the decision-making report and regulating the focus of focus funds, 90 days after the end of the fiscal year, the Vietnam Coal-Mineral Industries Group was responsible for aggregation and reporting of the decision to fund the centralized funds. The Ministry of Finance, the Ministry of Finance for the synthesis of the inspection, supervised by the direction of the Prime Minister.

The report to the decision of VINACOMIN ' s centralization funds must be fully reflected, the data center at the time of the report, the recording situation, the genus, the balance of funds gathered, the problems that persist, entanged in the execution process and the disposal petition. Fit.

VINACOMIN has the responsibility for preservation, book storage, evidence, accounting documentation related to the collection operation, the funds focused on the current regulation of accounting for the service of inspection, supervision of related agencies.

What? 8. Waste Processing.

1. The untrue expenses, the unsubstantiated expenses of the contract must be accounted for, who ordered the wrong limb to be compensated and held accountable to the law.

2. For expenses from VINACOMIN ' s concentration funds that have been approved by the Group but through the inspection work, oversight of the Ministry of Finance, Ministry of Industry and inspection agencies, audit testing of the wrong detection is subject to the calculation. physically, the extent of violation, organization, individuals have infringed violations of discipline, administrative sanctiation, or the prosecution of criminal responsibility; if the damage is caused by law.

What? 9. Terms of execution.

It has been in effect since 12 January 2013.

In the course of implementation, if there is a proposal for the Vietnamese Coal-Mineral Industries Group to have a timely reflection of the Ministry of Finance to review the appropriate ./.

KT. MINISTER.
Chief.

(signed)

Xiaowen Chen