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Circular 73/2009/tt-Btc: Rules Of Financial Management Mode Of Support Fund, Lobbying Overseas Vietnam Community

Original Language Title: Thông tư 73/2011/TT-BTC: Quy định chế độ quản lý tài chính quỹ hỗ trợ, vận động cộng đồng người Việt Nam ở nước ngoài

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Pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;

Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;

Implementation of decision No. 990/QD-TTg dated October 30, 2002 by the Prime Minister on the establishment of the Fund, lobbying Vietnam communities abroad;

The Ministry of finance regulations of financial management support Fund, lobbying Vietnam community abroad are as follows: article 1. The scope of application of this circular stipulates the financial management of the support Fund, lobbying Vietnam community abroad (hereinafter referred to as the Fund) established and operated according to the decision No. 990/QD-TTg dated October 30, 2002 by the Prime Minister on the establishment of the Foundation community mobilization, Vietnam people abroad.

Article 2. The principle of the Foundation's financial activities 1. Purpose: to fund operations for the purpose of profit, executive law on the State budget and State finance policy relevant to the operation of the Fund. The Fund must publicly the situation to mobilize, manage and use the prescribed capital.

2. The Foundation has legal personality, have accounts and private seals. Vietnam Dong accounts funds and foreign currency account at the State Treasury or at the commercial bank in the country to receive and use for funding due to State budget level, the revenues due to the Organization, domestic and personal contributions.

3. The operations financed from the Fund must be made in accordance with the Fund's funding goals and through implementation of the projects to be approved by the authority. For projects funded addressed under the authorization of the Organization, individuals in and outside the country, the Foundation is responsible for the correct execution according to the mandate of the Organization, sponsorship and individuals under the provisions of the law.

4. Do not use the Fund to spend on regular business activities according to the functions and tasks of the Agency, the unit of the Ministry of Foreign Affairs; do not use on business activities; do not lend or activities not consistent with the Charter, the purpose of the Fund.

Article 3. The Foundation's funding target target grant aimed at supporting Vietnam communities abroad and the work mobilization of people Vietnam abroad, help stabilize communities and development, preserving ethnic identity Vietnam, towards the country, contributing to the construction of the home , country.

Article 4. Financial resources of the Fund, including: 1. Funding due to State budget: the State budget the initial funding level is seven billion (7 billion) Council of Vietnam; State funding additional annual level according to be approved by the authority.

2. Revenues from the operation of the Fund: a) the money and property by individuals, organizations and foreign voluntary contributions, funding for the Fund match required by the law.

b) cash and assets of organizations and individuals in and outside of the authorization for funding purposes according to the specific address, consistent with the Charter, the purpose of the Fund and the regulation of the law.

c) Currency interest from deposit accounts, other legal revenues (if any).

Article 5. Use of content from the Fund and costs 1. Content use: 1.1. The activities are funded from the Fund: a) the implementation of projects aimed at preserving and developing the cultural identity of ethnic traditions; maintain and develop the Vietnamese community overseas Vietnam.

b) organize exchange activities source: summer camps for teenagers, sports competitions, exhibitions, artistic performances.

c) support activities of information, culture and community service.

d) support advocacy Vietnam people abroad about the country of investment, economic and scientific cooperation.

DD) support professional, personal intellectual Vietnam abroad on water works, scientific cooperation.

e) support the activities of the Association, the Organization of the overseas Vietnam.

g) other activities led by the Prime Minister or the Minister of Foreign Affairs decisions.

h) other support activities consistent with the goals and purposes of the Fund.

1.2. For the Fund management activities.

2. Costs: 2.1. Spend active fund management: follow the provisions of article 7 of this circular.

2.2. The operations financed from the Fund referred to in clause 1 1.1 weather this is done according to the mode, the current costs of the State; the Agency, the project must establish cost the Director of the Foundation for approval before implementation.

In addition to this circular stipulates some additional specific spending base estimating, management and payment of funds made the project from the Fund's support resources such as the following: a) to invite the Vietnam projects abroad on water work, meeting, workshops :-applies to standard class seating C specified in circular No. 01/2009/TT-BTC on 06/01/2010 of the Ministry of finance regulations welcomes foreign spending on work in Vietnam; the spending regime organized the Conference, International Conference in Vietnam; sitting in the spending mode to work in agencies, units and organizations. As for the officials and Vietnam join the welcome guests, reception, seminar, conference service, made according to the level of genus regulation in headline and second point a headline item 3 article 3 Circular No. 01/2009/TT-BTC mentioned above.

-Conferences, seminars: make the content and costs as specified in circular No. 01/2009/TT-BTC on 06/01/2010 of the Ministry of finance.

b) to pilot project "to promote the work of Vietnamese for Vietnam abroad from now to the year 2020":-the Organization of seminars and trainings in the country to advise the construction and finishing of the training materials on the work of Vietnamese and other professional documents of the pilot scheme : apply content and Conference spending in State agencies, the public, the provisions of circular No. 98/2010/TT-BTC dated 6/7/2010 of the Ministry of finance regulations, charges expenditure mode work organizing conferences for State agencies the unit's public career.

-The active investigation, survey: + for the construction of the survey tools; provide information to answer survey; data entry, data results of the investigation: the base content and costs specified in circular No. 137/2007/TT-BTC on 28/11/2007 of the Ministry of finance to create spending guidelines for electronic information, Director of the Fund, the Ministry of Foreign Affairs to decide specific spending but does not exceed the costs specified in circular No. 137/2007/TT-BTC mentioned above. In the case of rental agency on the outside made it must sign the contract and ensure the procedure proper regulations.

+ For the written report the results of the investigation (including data, analysis of census): genus level bases specified in circular No. 120/2007/TT-BTC on 15/10/2007 of the Ministry of Finance shall guide the management, use and settlement expense made the surveys from career GOVERNMENT EXCESSIVE funds; pursuant to the nature, the scale of the investigation, the Director of the Fund, the Ministry of Foreign Affairs to decide specific spending but does not exceed the costs specified in circular No. 120/2007/TT-BTC mentioned above.

-For the level of spending in organizing overseas training workshop for volunteer teachers: + Chi hired the Hall class venue, seminar, training: make the payment under the contract and invoices and legal regulations of the country and must be approved by the authorized prior to estimation.

+ Genus document printing for students: make the payment under the contract and invoices, legal regulations and must be approved by the authorized prior to estimation.

+ Genus of drinking water for the students: applying social marketing spending by standard C class specified in circular No. 01/2009/TT-BTC on 06 January 2010 of the Ministry of finance.

+ Support the holiday money to students (teachers volunteered about attending training): follow the form of the package; stock level base pay maximum accommodation rental specified in circular No. 91/2005/TT-BTC dated October 18, 2005 of the Ministry of finance work fee regulations for public servants, short-term assignments abroad due to State budget funding secured, the Director of the Fund approved stock support level for the student accommodation rent for fit enemies of each locality.

Article 6. Regulation Authority browse genus 1. The Foreign Minister decided to plan to use the funding in annual Funds on the basis of the budget plan was the Ministry of finance appraisal.

2. On the basis of the plan to use the funding to the Fund has been approved by the Minister of Foreign Affairs, allocation of funding, the Fund Manager has the responsibility to lead the Agency, Fund units use plan details, accompanied by cost estimates of the project process approved by the Fund Manager do the base deployment plan has been approved by the Ministry of Foreign Affairs leadership.

3. where unscheduled duties arising out of the plan or the registered task but funding needs to use the excess has been granted Funds; each jurisdiction to decide the case as follows: a) To the project, the mission had expected under the same Fund Manager, 200,000,000 decisions and reports the Foreign Ministry know to sum up, the track.

b) With the project, the mission had on board 200,000,000 estimation, Director of the Fund, reported the Foreign Minister decided.

Last year the Foreign Ministry General Ministry of finance report on the use of funds to Fund the unscheduled tasks in addition to the above plan.

Article 7. Genus Annual Fund management activities based on the Fund management work plan the following year and current spending regimes; Estimating Foundation Fund management expense combined with the expense of the Fund's activity sent the State Department approval and delivery to make. Genus estimation for active fund managers, must not exceed 10% of the total funds approved Funds annually.

Content costs and fund management activities include:


1. Spending allowance for Director Funds under concurrent mode specified in circular No. 78/2004/TT-BNV on 10/8/2005 of the Ministry of Interior Guideline regime for Chief officers, public servants, Chief Officer leadership titles head, other units.

2. The genus wages, insurance and allowances prescribed by law for staff, contract employees (if any) of the Fund.

3. Pay overtime (if available) according to the current regulation mode.

4. Spend on propaganda activities to mobilize funds.

5. Spending Survey, collects information to set up the project.

6. Spend on the activities, the crew on staff mobility funds.

7. The genus stores, repair and maintenance service of the equipment Fund's activities directly.

8. The genus stationery; genus public service payment serves to direct the operations of the Fund.

9. The genus rewarded periodically, irregularly for organizations, individuals with mobility or directly contribute to the Fund or achievment in the operation of the Fund.

Forms, objects, standard rewards follow guidance in circular No. 2/2011/TT-BNV on 24/01/2011 by Ministry of Interior Guideline No. 42/2010/ND-CP on 15/4/2010 of the Government detailing the implementation of a number of articles of the law on competition, reward and the revised Law supplementing a number of articles of the law on competition, reward.

The excerpt creation, management and use of Funds, commended follow circular No. 71/2011/TT-BTC on 24/5/2010 of the Ministry of finance instructed the excerpt creation, management and use of Funds, commended by Decree No. 42/2010/ND-CP on 15/4/2010 of the Government detailing the implementation of a number of articles of the law on competition , Rewarded. The source quoted Fund, emulation, rewarded from funding operations funds management by the Ministry of Foreign Affairs and allocation in the annual budget estimates of the Fund; from the contributions of the organizations and individuals for the purpose of emulating, rewarded.

10. More details of the activities of the Council-sponsored Fund: a) the payment of a fee for the work of the members of the Council-sponsored Fund, domestic travel and travel abroad under the current regulatory regime.

b) support mobile phone rates:-maximum level not exceeding 400,000/month: for those who join the Chairman or Deputy Chairman does not Fund protection officers, public servants in the State apparatus;

-The maximum rate not exceeding 250,000/month: for those who join Board members sponsored the Fund does not have to be public servants within the State apparatus.

Directors of the Foundation decided to support specific levels for each case according to the principles of efficiency, those who are invited to participate in Board members sponsored Funds but do not regularly perform the duties prescribed by the Council-sponsored Fund, does not enjoy support of phone charges.

11. Other expenses serve directly for the management of the Fund.

The content of the aforesaid expenditure made under the regime, the current costs of the State.

Article 8. Estimating, estimation and allocation of Funds 1. Estimating and allocating the estimation: a) annually based on the objectives, specific tasks, estimating expense Funds (according to each project, task management Fund) sent the Foreign Ministry General, send the competent authorities under the provisions of the budget Law and the law on the Guide text. Estimation of funding proposed State budget additional annual grants are determined on the basis of the source base is mobilized from the Organization, individuals in and outside the country, the other capital (if any) and based on the ability to balance the State budget.

b) based on the estimation that are competent, the Foreign Minister expected allocation scheme estimates the funding for the Fund (accompanied by demonstration of content used by project Funds, according to Fund Manager mission), according to the unit using the budget sent the Ministry of finance the prescribed assessment.

The base estimation by the Ministry of Foreign Affairs, fund allocation made to withdraw financing in the State Treasury to spend on Fund management and implementation of the project has been approved by the authority.

2. Settlement Fund: a Fund responsible) annual settlement funds used according to provisions of the law on the State budget and the other provisions of the State over funding settlement related to the operation of the Fund. The Fund Manager has the responsibility to urge the organs, units of the project from funds timely settlement Fund and send the voucher to spend (original) about the Foundation Office to finalize the funding used to aggregate and report sent the Foreign Ministry.

b) Ministry of Foreign Affairs has the responsibility to approve settlement currency, the genus of the Fund and the general public in the annual report of the Ministry of Foreign Affairs Ministry of finance evaluation under the provisions of the law on the State budget and the writing guide.

The funding of the Fund last year has not yet used up, be allowed to move on to the next year to use for your purposes, use of content did Fund regulations. Collated results of base excess, the State Treasury where the transaction is responsible for implementation of the budget the previous year balance transfer to next year under current rules.

Article 9. The work of accounting and management of Funds 1. The Foundation is organizing the work of accounting, accounting according to decision No. 19/2006/QD-BTC dated 30/3/2006 of the Minister of Finance issued about the mode of administrative accounting career.

2. The Fund made partial accounting professional activities for active management of the Fund.

3. accounting: accounting currencies, Vietnam Dong.

4. for use by Exchange: If the unified Ministry of finance allocated funds used in the transaction shall apply treasury accounting rates of the Ministry of finance published monthly; If buying foreign currency at the Bank made the exchange rate of foreign currencies according to the evidence from the Bank at the time of the purchase of foreign currencies.

5. The Director of the Fund when deciding the standard of the genus is based on the mode, the current fiscal spending, to ensure the use of funding is consistent with the objective of matching funds, plans to use Funds that have been approved by the authority. The Fund Manager is responsible before the law on the management, use of Funds; responsible for the legal, legitimate, valid of vouchers to spend in accordance with the law.

6. Executive Funds the State's current rules on inspection, inspection of the financial activities of the Fund. The vouchers, bookkeeping must be stored according to the current rules.

Article 10. Implementation of this circular are effective from the date of 15/7/2011, replacing decision No. 60/2003/QD-BTC dated 21/4/2003 of the Minister of Finance issued the regulation on financial support Fund management, Vietnam community abroad. The Foreign Ministry is responsible for guiding Funds made provisions of this circular.

For the mode, current costs referenced in this circular, when the State had to change the mode, the level of the Fund be applied to adjust spending accordingly.

In the implementation process and obstacles arise, if the State has the responsibility to reflect promptly with the Finance Ministry to guide the resolution./.