CIRCULAR guide loan management mechanism for project development and support undergraduate training and postgraduate in information and communication technology by the international cooperation Bank of Japan financed _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 133/2005/ND-CP on November 1, 2005 the Government enacted regulations of borrowing and repayment of foreign countries;
Pursuant to Decree No. 131/2006/ND-CP dated 9 November 2006, the Government issued regulations on the management and use of sources of official development assistance (ODA);
Based on the loan agreement No. VNXIII-6 signed on 31/3/2006 between the Ministry of Finance on behalf of the Government of the Socialist Republic of Vietnam to the international cooperation Bank of Japan (hereinafter referred to as JBIC);
The Ministry of Finance shall guide the capital management mechanism JBIC for project development and support undergraduate training and postgraduate in information and communication technology (hereinafter referred to as project) as follows: part I GENERAL PROVISIONS 1. Scope: this circular regulates the management of loan JBIC in agreement No. VNXIII-6 signed between the Socialist Republic of Vietnam with the Finance Ministry and the Bank of Japan International cooperation (JBIC) funded project for support and development of undergraduate and postgraduate courses on information technology and communications.
2. Objects: this circular apply to the authorities concerned and the beneficiary projects including the Ministry of finance, the Ministry of education and training, Polytechnic University of Hanoi, the object receives a scholarship from the JBIC loan capital and the Bank serves.
Hanoi University can refer to applicable regulations for awardees object from JICA's aid funds and scholarships in cooperation from the Japanese university related to this project.
3. Explanation of terms: the concept, the term used in this circular have the same meaning as in the loan agreements and are construed as follows: 3.1. The sponsor is the Bank of Japan International cooperation (JBIC).
3.2. credit agreement is agreement number VNXIII-6 signed on 31/3/2006 between the Ministry of Finance on behalf of the Socialist Republic of Vietnam (the borrower) and JBIC represented the Government of Japan (lender) agreement on the JBIC financing for Vietnam (the borrower) a loan worth 5,422,000,000 JPY to investment for the project.
3.3. The memorandum is memoranda signed on 23/6/2006 between JBIC representative in Hanoi, Finance Ministry, Ministry of education and training, Hanoi University on the project.
3.4. The scholarship is the amount of projects for international students to study abroad include tuition, round-trip air tickets, insurance, subsistence allowance and some other costs are granted from JBIC Loan source.
3.5. The object is scholarship students, research students are receiving scholarships from the JBIC Loan source.
3.6. the partner University is the school will receive the scholarship object from the project.
3.7. The Executive Committee is the management of projects by the Ministry of education and training established, responsible for project implementation.
3.8. Consultation is held by the Advisory Board of the project selection in the form of international bidding and contracting consultancy support activities project Executive Committee in the management, implementation and monitoring of the use of loans.
3.9. The Bank for foreign trade of Vietnam (Vietcombank) is the Bank was The financial credentials that made the foreign payment services, is responsible for signing the agreement with the foreign bank on the basis of the JBIC loan agreement.
3.10. The State Agency is the Ministry of the people's Committee, the organs directly under the Government or the unit is the Ministry, the people's Committee, the Agency directly under the Government established under the decision.
4. Implementers: 4.1. The Ministry of education and training is the governing body of the project, has the responsibility of ensuring the quality and effective use of ODA resources in the project, and implement state management functions for programs, projects under the provisions of the law. When required, the responsible review and comments in writing on issues related to the project in the allotted time.
4.2. Polytechnic University of Hanoi is the project owner has the responsibility to establish a project management Committee to manage the use of the proper capital of his function accordingly, Decree No. 134/2005/ND-CP on November 1, 2005 on the regulations of borrowing and repayment of foreign and Decree No. 131/2006/ND-CP dated 9 November 2006 regarding the promulgation of regulation and use of sources of official development assistance (ODA) commitments of the Government and in the credit agreement signed with JBIC.
5. principles of management: 5.1. Capital is managed according to the provisions of the law on the State budget and the text guide to the law, the State's current spending.
The Ministry of finance is responsible for the foreign debt when due (including principal and interest).
5.2. investment projects by JBIC loan, non-refundable aid on capital of the JICA, which is bad from the State budget and own capital of Hanoi University.
5.3. The management, use of capital for investment in basic construction, the education is done according to the applicable regulations of the State. The management and use of funds for the provision of overseas training scholarships from JBIC Loan sources is made according to the provisions of this circular.
Part II SPECIFIC PROVISIONS 1. The scope of use of capital and capital balances planning: 1.1. The scope of use of capital: a loan JBIC) is used for the following purposes:-to build the training of information technology pattern;
-Development of the teaching staff;
-Shop equipment, books;
-Read the scholarship;
-Consulting services;
JBIC loan interest repayments--in the process of withdrawal of capital.
b) Which were used for the following purposes:-project management costs;
-Tax;
-Other expenses for projects which JBIC is not funded.
1.2. The Ministry of education and training (Polytechnic University of Hanoi) balance of capital planning in the annual budget plan, ensure full reciprocal capital, promptly, in accordance with the schedule specified in the program documents the project has been approved by the authority.
2. the financial mechanism for the foreign loans: 2.1. project apply the mixed financing mechanisms, including: a) the portion of the budget allocated: the project is to apply the mechanism of the State budget allocated for all project items except the category for training scholarships to foreign students.
b) loan budget Section: provided students training in the foreign loan mechanism applied. The Finance Ministry authorized for the Vietnam Development Bank signed loan contracts back for Hanoi University under the conditions of the loan back as the conditions in the loan agreement.
Hanoi University signed the credit contract with scholarship students training in foreign countries.
Part of this budget are considered allocated if people enjoy working scholarship for State agencies after the end of the course according to the terms of your credit contract training.
c) in the case of more scholarships by company and partner schools funding related to the project, if students are learning through this funding program abort or fail to do in State bodies shall forward it can be retracted Polytechnic University and used to develop the human resources of the school (if there are no binding or other provisions from funding partners).
2.2. The costs funded from scholarship to be used as a source of capital for lending in the contract: a 2-dimensional plane) tickets, Economy class (according to the actual ticket, by the Board of the project).
b) visa fee (according to the actual payment, according to the method of refund due to have the genus scholarship object to visa, based on invoices in the pay of the Agency).
c) tuition fees at the school reception for each case (according to the contract signed between the project Executive Committee Hanoi University and partner universities in Japan).
d) living expenses: cost for international students are the Ministry of education and training are approved on the basis of equality with other programs and ensure the necessary conditions for students to attend the course.
DD) health insurance: apply according to the quota regulations in 322 program phase II (Government programs use State budget to train human resources in foreign countries) for the object of loan from JBIC scholarship.
e): according to the actual fee, based on the documents of the Bank.
3. selection mechanisms and community information 3.1. Admission: Hanoi University made the admission to the Faculty of information technology and communication mechanism of the annual University entrance according to the regulations of the Ministry of education and training.
' 3.2. A selection object are granted scholarships: a) the object was granted a scholarship to go study in foreign countries in this project are selected annually by the Board of selection by Hanoi University established under the selection criteria were the Ministry of education and training are approved and publicized , based on the review of records suggest the level of scholarship candidates.
b) recommended records provided scholarships and criteria as well as the functions and duties of the Council selected by Hanoi University regulations consistent with the purpose and objectives of the project. The selection board could have established the Secretariat assist in the reviewing of records suggest the level of scholarship.
c) results object selection scholarships are sent to donors and the Ministry of Finance before the official announcement on the website of Polytechnic University of Hanoi.
3.3. Information to the community a) information on the project, especially the regulations on scholarship to train human resources in information technology was widely reported on the news media of Hanoi University students to approach and can choose.
b) all the information related to the record mode, the level of scholarship, the rights and responsibilities of the candidates be updated promptly and openly 3 months ago the annual enrollment period on mass media and continuously on the web site of Hanoi University.
4. conditions for the loan under the scholarship program 4.1. The loan contract between the University and the Ministry of Finance (through the Vietnam Development Bank):

The Finance Ministry authorized for the Vietnam Development Bank signed loan contracts back for Polytechnic University under the conditions of the loan agreement signed with the JBIC, in particular:-the money lenders: the yen Japan-interest rate: 1.4% per year (including management fee for the loan back to 0.1% per year calculated on the outstanding balance of loans. In case the loan is converted to allocated, the outstanding balance will be deducted respectively).
-Time limit: 30 years, 10 years grace period.
4.2. review lending objects are granted scholarships: a) the object is granted a scholarship contracted credit with Polytechnic University as soon as the decision to grant the scholarship, in particular:-interest rates: with interest rates for loans of the same term of the Bank for foreign trade of Vietnam at the time of granting scholarships interest rate is calculated from the date of graduation.
-Duration: 5 to 10 years (specific levels by regulating Polytechnic University);
-During a student does not pay interest.
b) Hanoi University can directly or contract with a commercial banking serves on missions scholarship resource management, responsible for collecting the debt for students according to the mode and enjoy fee-agreement between Hanoi University and bank service. The fee for the Bank to be retrieved from reciprocal capital.
4.3. Free-of-cost study: a) conditions to be free of the cost study's subjects were provided scholarships to work for State agencies in time of twice the minimum time to enjoy fellowship.
After the end of the training program, the audience was granted a scholarship are encouraged do the trainers in information technology at public universities or work in the organs and organizations of the State according to trades training.
b) before the end of the time limit stated in the credit contract, the object being to provide fellowship for Polytechnic University evidence to be interim review free study is recruiting decisions of State authorities and before the end of the time limit stated in the credit contract to provide payroll during the work of the Agency the receiving organization of labor, from the date of expiry to labor in the loan contract commitment back to officially consider free study.
Tracking and object management scholarships after their study abroad due to the Board of the Polytechnic University project undertakes to perform the recovery or free of costs for each case study.
c) where students do not complete the course or after completion of the course does not provide valid evidence about scholarship subjects are free, Hanoi University responsible budget refund according to the loan terms were specified in the loan contract with scholarship object.
5. The method of funds transfer and 5.1. The exit method can apply for this project include: a) to the special account;
b) letter of pledge;
c) transfers;
d).
5.2. Rules on the approval and through the contract to apply the method of drawing on: the approval and passed the contract subject to the provisions on approval of the contract specified in the agreement and the circular 107/2007/TT-BTC on 7/9/2007 of the Ministry of finance "Guide financial management mechanism for the program the project, the official development assistance (ODA) ".
5.3. The method of drawing the special account: a) the method of special account funds applicable to the item:-"education services" in component A in the agreement to use A special account;
-"Scholarship" in the B component of the agreement to use the special account;
-"Books to the library" component in C in the agreement to use the special account C. b) specific provisions made under Appendix 1.
5.4. Method of withdrawal of capital letter of commitment: applying for payments in foreign currency in the consulting contracts and procurement contracts in equipment, computers, follow the provisions of circular No. 108/2007/TT-BTC on 7/9/2007 of the Ministry of finance "Guide financial management mechanism for the program the project, the official development assistance (ODA) ".
5.5. Money transfer drawing method: apply for expenses by VND in consulting contracts and procurement contracts in equipment, computers, follow the provisions of circular No. 108/2007/TT-BTC on 7/9/2007 of the Ministry of finance "Guide financial management mechanism for the program the project, the official development assistance (ODA) ".
5.6. The complete drawing method: can be applied to the expenses for the providers of capital from investors, then be returned by the loan, made under the provisions of circular No. 108/2007/TT-BTC on 7/9/2007 of the Ministry of finance "Guide financial management mechanism for the program the project, the official development assistance (ODA) ".
5.7. Withdrawal of capital by spending statement: statement on spending (SOE-Statement of Expenditure) is not a drawing but the method is a procedure that can be applied to coordinate in the above drawing method which does not require evidence from the proven expenses provided that the expenses are valid for payment from JBIC funds.
Checking the validity of payments made by the State Treasury (controlled before each account for the funds in the account B, C and the following control for the funds in the account A) and annual audit services.
This method applies when the project plan that will have many expenses in small quantities, leading to the management difficulties to gather many invoices and vouchers.
Projects can apply funds using lists of spending for items in the special account.
The process of transfer of funds and additional funds for the case when applying the spending statement are detailed instructions in Appendix 1.
6. Fees and interest arise: 6.1. The fees and interest arising include: a) service fees of the Bank for foreign trade of Vietnam: Vietnam foreign trade bank fee according to the Bank's service fees by the Director General of the foreign trade Bank.
b) other Bank's service fee: payment according to the actual amount that the other banking currency.
6.2. The specific charge is conducted as follows: a) for fee paying foreign debt: Bank for foreign trade of Vietnam are automatically debited the deposit account of the State budget (opened at Vietcombank).
b) for costs associated with the opening and the L/C payments imported goods, consulting services, scholarships and fee money transfer to pay teachers salaries, transfer money for supplies and other costs (if any): the Bank for foreign trade of Vietnam costs from your account by the open Polytechnic School at the Bank , from reciprocal capital.
c) management fee incurred in case of Hanoi University Bank hire manage and track students: by Hanoi University deals with the Bank serves, charged from the reciprocal of the capital market.
7. Accounting in State budget allocations to JBIC Loan and lending it back to the project must be timely full accounting on the State budget, in particular the following: for working capital allocated from the State budget: the base of disbursements by the JBIC announcement, the Ministry of Finance (Financial Services PR) established notice browser y estimation record, currency foreign capital ceasing to allocate for the Ministry of education and training to support projects and developing undergraduate training and postgraduate in information technology and communications.
Capital lending again (the overseas training scholarships): based on the drawing figures, the Ministry of Finance (Financial Services PR) established notice browser y estimate, record collecting, record foreign capital for the Development Bank to give Hanoi University loans back. After the training period, in case the loan portion was converted to allocated, Polytechnic University reporting to ask the Finance Ministry reduced the loan notes and additional capital allocated for the project.
Part III RESPONSIBILITIES Of ORGANIZATIONS And INDIVIDUALS CONCERNED 1. The Ministry of finance is responsible for: 1.1. Guidance, policy management mechanism and use the loan for the project.
1.2. Implementation of the procedures for the exit with the JBIC under the provisions of the agreement and of this circular.
1.3. Do pay foreign debt on time.
1.4. Implementing the accounting on the State budget according to the law on the State budget.
2. The Ministry of education and training is responsible for: 2.1. Guidelines, policies and mechanisms related to the mode of scholarship.
2.2. Functioning governing body project as stipulated in Decree No. 131/2006/ND-CP dated 9/11/2006 the Government issued regulation on the management and use of resources to support official development (ODA) and circular 03/2007/TT-BKH on 12/3/2007 of the Ministry of planning and investment guide functions and organizational structure of the management of the program ODA projects.
2.3. Join the Fellowship selection board of the project.
2.4. The layout of capital for Hanoi University serves the project.
3. The Hanoi Polytechnic University are responsible for: 3.1. Manage and monitor the use of resources for your purposes, effective, consistent with the provisions of the law, the Ministry of education and training.
3.2. Negotiating, signing the contract to provide the service, construction and procurement of equipment goods according to the current rules.
3.3. Established as working time of teachers to accept the payment of teacher salaries.
3.4. Selection Board established scholarships to the Justice Fellowship, the true object of training, consistent with the purposes of staff training in information technology.
3.5. Updated information about the project, especially the scholarship program on mass media and on the website of the school.
3.6. Received the debt with development banks for lending component.
3.7. Implementing appropriate procedures concerning the drawing method.
3.8. Signing the credit contract with scholarship object. Track and manage debt collection for the object.
3.9. the reciprocal capital arrangement in full and in time for the project.
3.10. Renting annual audit in case of application of the procedure of funds by expenditure statement, reports the audit results to the sponsor, the Ministry of finance, the State Treasury.

3.11. hosting, document supply, assist in the work of monitoring, evaluation and audit projects.
4. The State Treasury is responsible for:-control agency Is the genus for all costs of the project as specified in circular No. 108/2007/TT-BTC on 7/9/2007 of the Ministry of finance "Guide financial management mechanism for the program, project official development assistance (ODA)".
5. The Bank serves: 5.1. The Bank for foreign trade of Vietnam is responsible for implementing the procedure for foreign payments related to the agreement include the exit, the original loan, interest paid.
5.2. the Vietnam Development Bank is responsible for the management, recovery of the loan of capital projects for the categories of scholarships for international students under the terms specified in the contract for the loan authorization back signed between the Finance Ministry and Vietnam Development Bank.
5.3. The Bank is authorized to serve the University's Polytechnic has the task of monitoring and debt collection from the object.
6. Scholarship Recipients object: 6.1. Responsible lending contract with Hanoi University, timely notification to the Board of the Polytechnic University project on time training abroad and work to apply the appropriate mode.
6.2. Responsibility to open accounts in the Bank (or branch) Tokyo-Mitsubishi to receive a scholarship and living expenses.
Part IV AUDITING WORK, Tracking, Reporting 1. Hanoi University has a responsibility to report the implementation of the project for the Ministry of finance, the Ministry of education and training as defined in decision No 803/2007/QD-BKH on 30/7/2007 of the Ministry of planning and investment on reporting the implementation of ODA projects and programmes with circular No. 04/2007/TT-BKH on 30/7/2007 of the Planning and implementation guide investment regulations and the use of official development assistance resources.
2. Hanoi University has the responsibility to hire the services of audit to undertake an audit of the project, particularly the expenses from special accounts to apply the procedure lists spend (SOE).
3. Hanoi University has the responsibility to provide tracking project, documentary support for the assessment of the project's sponsor, of the Ministry of planning and investment as required. Polytechnic University annual report audit projects for donors, the Ministry of finance, the State Treasury, the Ministry of education and training.
Section V ORGANIZATION MADE this circular effect after 15 days from the Post Gazette. The agencies involved in the process of project implementation and management is responsible for the correct implementation of the provisions of this circular. In the process if there are obstacles the Agency should reflect timely to finance research, modified and supplemented.