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Decision 462/ttg: Approving The Statute Of The National Investment Fund

Original Language Title: Quyết định 462/TTg: Về việc phê duyệt Điều lệ Quỹ hỗ trợ đầu tư Quốc gia

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PRIME MINISTER
Number: 462/TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 9, 1996

A DECISION.

About the approval of the National Investment Fund Charter.

______________________

PRIME MINISTER

Government Law Base September 30, 1992;
The Law Base encourages investment in the country June 22, 1994;
The Government of Decree No. 29 /CP on 12 May 1995 by the Government rules the law of encouraging investment in the country;
At the suggestion of the Minister of Finance and the Chairman of the National Investment Fund Management Board,

DECISION:

What? 1. The approval of the National Investment Fund Charter is issued with the decision.

What? 2. This decision comes into effect from the date of the issue.

What? 3. The Head of the Treasury, Chairman of the Board and General Manager of the National Investment Fund, is responsible for the implementation of the decision. Ministers, the Prime Minister, the Head of Government of the Government, Chairman of the Provincial People's Committee, the Central Committee of the Central Committee is responsible for the decision.

Phan Văn

(signed)

CHARTER

NATIONAL INVESTMENT SUPPORT FUND
(Board issued with Decision No. 462/TTg on 09-07-1996 by Prime Minister

Chapter 1:

GENERAL REGULATION:

What? 1. The National Investment Assistance Fund (abbreviated QHTTQG) was established and operated under Decision No. 808/TTg on 9 December 1995 by the Prime Minister and the existing law documents are relevant.

International trading name of the Fund: National Investment Assistant Fund, abbreviated to NIAF.

What? 2. QHTTQG is a state financial institution, which operates across the country. The Foundation has the function of mobiles of organizations and individuals within and outside of the country; taking on the investment capital of the State to lend to investment projects that develop the preferable professions of every economic component and the troubled regions. according to the government regulations.

What? 3. QHTTQG is a legal, has the Board of Management (HĐQL) and the executive body, which has a charter capital at 11,100 billion VNE (a thousand a hundred billion dollars), whose balance sheet, which has seals, is open accounts at the State Treasury System (KBNN), at its subsidiaries. Domestic and foreign banks. The headquarters of QHTTQG are located in Hanoi. The fund has branches in the provinces, the Central City of the Central Committee decided by the HĐQL. The fund is placed in foreign exchange offices as needed by the Government.

What? 4. The operation of QHTTQG is not for profit purposes, but must guarantee returns and offset the cost of management. The fund is tax-exempt, as long as the income exemption from the state budget is used to reduce lending rates to investment projects developed in the incentives and areas of hardship under the Government's provisions.

What? 5. QHTTQG is under the management of the HĐQL and the executive power of the General Manager.

Chapter 2:

OPERATING CAPITAL, JURISDICTION AND OBLIGATIONS

I. Working.

A. Taking and mobiling capital sources

1. charter capital:

What? 6. The charter capital when established and increasing QHTTQG is formed from the following sources:

1. The state budget issued by 50% of the total number of capital;

1. The capital of the insurance organizations, the state-owned credit, the State Business. The list of funding organizations and the level of funding contributed by the Minister of Finance to the Prime Minister of the Government;

3. The voluntary contribution of individuals, organizations in and out of the country.

What? 7. The first-and-first charter and increases of the specified capital are said at point 1 and 2 Article 6 of this Article provided by the Board of Directors, the Ministry of Finance presented by the Prime Minister of Government:

1. For the NNSN level capital is positioned in the annual Budget Plan.

2. For the contribution of insurance organizations, credit, the State Business is taken from the post-tax profit of the previous year with a minimum of 3%.

2.

What? 8. QHTTQG is mobilized and received the following capital sources:

1. Loan and long-term capital of organizations and individuals in and out of the country;

2. Take on the state ' s investment capital sources, including Government loans and official development assistance (ODA) loans to lend to projects regulated by the Government;

3. Central and medium-term bonds;

4. Receivable capital trusts of organizations, individuals in and out of the country;

5. Take on the capital sources of the economic, social and voluntary organizations that voluntarily send QHTTQG to invest in development.

B-loan and repayment of debt

What? 9. The subject is considered by QHTTQG to be capital loans that are medium-term and long-term investment projects in preferable professions or in ethnic minority regions, mountainous regions, islands and other difficult regions by government regulation.

What? 10. Investment projects that are considered for capital loans from QHTTQG must ensure the conditions:

1. Be issued with approval by the current regulation;

2. Written by the Ministry of Planning and Investment or the Provincial People's Committee, the Central City of Central Committee certified investment incentives;

3. There is a possibility of direct capital recovery;

4. Must have a collateral or bail or a prescribed trust.

What? 11. The loan funding from QHTTQG to implement a maximum investment project of no more than 50% of the total investment capital has been granted with approval authorship, which is too much the regulation to be decided by the Chairman of the Board of Management.

What? 12. QHTQG's capital loan interest:

a. For manufacturing facilities, new business in the minority, mountainous, sea, and other difficult regions, is priorititiated by the Government of the Prescribed Preferable Interest;

b. For the manufacturing facility, the new business pursues to Article 9 and 11 of the Law to encourage domestic investment, lending under interest provided by the HĐQL under the principle of reimbursable assurance and compensation of management costs.

What? 13. The date of the debt of debt (root and interest) and the period of return of debt (root and interest) are determined in the capital loan contract.

By the time of the debt repayment, the project owner does not pay the debt, QHTTQG will move to the overdue debt and the project owner is processed under the rule of law.

What? 14. The HTTQG Foundation organizes the lending and payment of basic building volumes including construction, equipment, other costs of direct construction directly for the contracting unit, providing equipment and project owners.

What? 15. QHTTQG is not invested abroad.

II. QHTQG's powers and obligations

What? 16. QHTTQG has the following powers on the organization of management and finance:

1. Manage, use of capital and property delivered;

2. Used the DTPT General Machine to operate the operation in accordance with the objectives and tasks assigned;

3. Coordinate with the industries, levels, financial institutions, domestic and foreign credit organizations to raise the lending capital on developed investment projects that are able to recover capital in industries, preferable occupations and regions that are difficult under the rules of the government. The government.

4. Organization of management and exploitation of resources aimed at growth of loan capital support for development investment projects;

5. Build, apply regulatory rates, calculate lending rates to each type of investment project in the framework of government funding and policy on investment projects that develop preferable professions and regions that are difficult to follow. Government regulations;

6. After doing enough pay duty on loans, management costs, a business risk reserve fund, the rest is divided among the members that contribute to the capital and extract the funds under regulation at Article 38 of this Article;

7. The state compensated for the impossibility risks;

8. Be exempt from the taxes.

What? 17. QHTTQG is asked the project holder to provide information about the business of business production, financial situation, credit of the business. There is a right to examine the implementation of the project and examine the management, use of the loan capital. If the project owner uses the use of the target capital, without effect, the Fund has the right to refuse or suspend the loan, revoking the loan, and inform the upper body of the project owner and related agencies for legal treatment.

There is a right to reject every request for capital loans of organizations, individuals contrary to the provisions of this Charter.

What? 18. In relations with the State, QHTTQG is responsible:

1. Receivable and effective use of the State of the State of the State of the Republic, implementation of the State Regulations of Capital Management and Property; responsible for the accuracy and legitimacy of its financial activities;

2. Concentrate funds that support investment projects that develop industries, preferable professions and regions that are difficult under the Government ' s provisions;

3. Make sure the right interest rate is specified;

4. Implemonation of statistical reporting, accounting, periodic reporting by state regulation, responsible for the accuracy of those reports;

5. Provide the necessary information to the State for the proper assessment and objective objective of the Fund operation;

6. Compact on the inspection regulations of the state agency that has jurisdiction under the rule of law.

What? 19. QHTTQG must:

1. Do the correct regulatory content, which is responsible before the law, in front of the State for operational results, and is accountable to the customer for the tasks done by the QHTTQG;

2. Building an annual operational plan, five years in line with the economic development strategy-the society of the State and the mission delivered;

3. Innovation the management method and modernization of the Foundation ' s business operations technology;

4. Make the payments, return capital and interest to the equity holders of QHTTQG for loans.

III. The obligations and rights of the QHTTQG charter members

What? 20. The QHTTQG charter member has the following obligations and rights:

1. Contributs sufficient funds to the Fund within 3 months of the day the Prime Minister makes the decision;

2. Being consulted on policy, mobiling mechanism, capital use, and financial mechanisms by QHTTQG; attended the annual meeting to hear the announcement of the results of the Fund's work; provided the necessary information on the operational situation of the Fund.

3. Be considered for capital loans when there is a need to fit the loan mechanism of QHTTQG.

Chapter 3:

MANAGEMENT AND OPERATOR QHTĐTQG

What? 21. The management of QHTTQG is served by the Board of Management. The Council of Management has the following powers and responsibilities:

1. Review and through the direction of operation, capital raising of capital raising and lending, financial planning and the investigation of QHTTQG ' s decision reporting;

2. Monitoring, examination of the Fund which operates the Fund in the implementation of the QHTTQG charter and the decisions of the Board of Management;

3. Presentation of additional competent authorities, modify the rules, policies, operational mechanisms of the QHTTQG;

4. Consider the Board report;

5. Consider and address the complaints of the contributing members, QHTTQG capital loans;

6. Used the seal of the QHTTQG Foundation in the implementation of the mission, the authority of the Council;

7. Take responsibility for the material-administrative practice against the commitments between QHTTQG and the relevant parties.

What? 22 . The QHTTTQG member includes the competent representative of the Ministry of Finance, Ministry of Planning and Investment, the National Committee of Nations and the Mountain, the State Bank of Vietnam, the General Directorate General of the Bureau and representatives of several organizations in the country that have contributed to the Charter for QHTTQG. HĐQL has its President and several Vice Presidents including a Permanent Vice President. The appointment and dismissal of the HĐQL member was recommended by the Minister of Finance, Minister-Head of the Government Officer of the Government of the Government of the Government decided.

What? 23. Management of the Board of Directors

1. The board of directors works in collective mode, a three-month regular meeting to review and decide on matters of authority and responsibility.

2. HĐQL may refer to an extraordinary meeting to address pressing matters at the request of the President of the Council, the Chief of Control, two-thirds of the members of the HĐQL, or General Manager.

3. The meetings of the Council of Management must have two-thirds of the board members attending, chaired by the President or the Vice President (if the President) presiding. The governing council determines the issues according to the majority of the members of the HĐQL; where the number of votes is equal, the party's votes shall be decided.

The Resolve, the decision of the Board of Management is valid for QHTTQG. The Director General of QHTTQG has the responsibility of organizing the implementation of the resolutions, the decision to speak above.

4. The Board of Directors enacted the internal affairs of the Council, the Council's reporting regime and assignment assignments to the members.

What? 24. The working vehicle and the operating budget of the Management Council are charged at the cost of the operation of the Fund. The HSQL members enjoy the rank and other rights as members of the Board of Directors of the State Enterprise.

What? 25. The QHTTQG administration board has a permanent position of QHTQG and a secretary issued by HĐQL. When the management of the Board of Directors can establish an advisory organization to help the research, propose the QHTTQG's policies and policies and policies.

What? 26. Permanent HĐQL is served by the President and Permanent Vice President of HĐQL.

Permanent HĐQL is entitled to the right and responsibility:

1. Resolve the work done by the Chief Executive Officer in addition to the Director General ' s resolution;

2. The organization directed the implementation of the resolutions, the decision of the HĐQL on the missions inscribed at Article 23 of this Charter;

3. The research organization, the draft of the directing manual text; the preparation of the content, the agenda of meetings of the HĐQL;

4. Take personal responsibility for the matter of matter-executive law in its decisions;

5. Permanent Permanent Meeting once a month to listen to the Chief Executive Director reporting operational results in the period and the following activities program;

6. Regular meeting Permanent meeting if necessary and has the right to summon the relevant HĐQL members to resolve the groundbreaking work.

What? 27. The HDQL secretary is responsible for the responsibility and permissions: 1. Document records in HDQL, permanent HĐQL meetings;

2. Redaction the resolutions, decisions, announcements of the HĐQL Chairman or Permanent Council Meeting to sign;

3. Preparing the conditions, the means necessary for the HĐQL Conference and Permanent Permanent:

a. Preparing the file, document for the meeting;

b. Admit Chairman HĐQL to summon members;

c. Cost of funds for the sessions.

What? 28. Control of QHTTQG activities is the Control Board. Head and Deputy Head of Control issued by the Board of Directors recommended that the Minister of Finance decide.

The Control Board has a mandate and jurisdiction:

1. Check, oversee the presiding acceptance, policy, career institutional regime in QHTTQG's activities to enhance the performance of the Fund, ensuring the safety of the state property, the assets of the Fund and of the customer. Report and petition for your work with the Board of Management;

2. Progress independently of the program has been approved by the Board of Directors;

3. Having the responsibility to present the report, its petition on the control results, the appraisal report on the financial decision at the Board ' s meetings but is not in the vote;

4. Do not disclose the test results, control when not authorized by the Board of Management and the QHTTQG Executive Authority.

What? 29. QHTQG Executive

1. General Directorate General of DTPT as Director General of the HTTQG Foundation. The Director General is used by the General Directorate's Ministry of Operations to run QHTTQG's operations.

The Director General is the legal representative of QHTTQG, which is responsible to the Council of Management, Minister of Finance and before the law on the entire business operation of QHTTQG.

Helping the Chief Executive QHTTQG has the Vice-General Manager, which has a Permanent Director General and a number of specialized departments. The professional divisions are regulated by the HĐQL. The Minister of Finance appointed and dismissed the Vice-General Director on the recommendation of the General Manager. The General Manager for the appointment and dismissal of the vice president of specialized departments in accordance with the devolve management hierarchy of the Ministry of Finance.

2. General Manager QHTTQG has the duties and powers:

a. Executive and management of QHTTQG activities in accordance with the rules of the Fund, the Law of the State and the decisions of the Council of Management (including capital raising, capital loans, debt collection, interest collection);

b. QHTTQG ' s business statute board;

c. Sign the text of the executive responsibility of the Director General and is responsible for its decisions before the Board of Management, the Minister of Finance;

d. Permission to represent QHTTQG in domestic and international relations;

e. Make a periodic report on the situation of capital raising, lending, debt recovery and QHTTQG activities for HDQL and the Ministry of Finance;

g. Direct asset management, which operates and is responsible for the conservation of capital development, property of the Foundation;

h. The legal representative of the Foundation before the law in the proceedings, disputes, liquours, dissolution and problems of the QHTTQG business;

What? 30. The Chief Executive Officer QHTTQG is organized by the executive body in the Central and Local:

1. The QHTTQG Executive Authority in Central is QHTTQG Central Office;

2. The local QHTTQG executive agency is the branch of the Central Bureau of the Provincial Bureau, the Central City of China as its director, helping the director to have a number of deputy directors. The branch director uses the Department of Development Investment Department's apparatus to perform the assignment;

The Central Executive Office and in the Province, the Central City of QHTTQG is the legal representative, has the seal and is open to the account holder for capital loan projects to trade under the allocation of QHTTQG's General Manager.

Chapter 4:

THE HTĐTQG FOUNDATION ' S RELATIONS WITH CUSTOMERS AND ORGANIZATIONS ARE RELEVANT.

What? 31. Relationships with customers (borrowers and lenders)

1. QHTTQG is responsible for the customer:

a. In matter to the property, the customer ' s capital money is used by QHTTQG;

b. Keep the data secret, facilitate customer activity with the Fund by the rule of law;

c. Make the right commitment to capital for the project owner.

2. Customers are responsible for QHTTQG:

a. The right implementation of the career rules on capital mobiles, the lending of QHTTQG;

b. Use the right capital, reimbursable both the root and interest rate on the term.

What? 32. Relationships with credit organizations:

1. According to the principle of voluntary, equality, and the gain on the basis of the contract;

2. As a dealership, capital and loan mandate for the customer;

3. Collaborate, promote and support each other by using the advancement of science-engineering, management of management in the operation of each organization.

What? 33. Relations with International, National, Non-governmental organizations and other individuals in and out of the country:

The HTTQG fund is directly negotiated, signing of grants of capital receiving funding, employee training, participation in the activities supporting DPT. cooperative and beneficial, in accordance with the law of Vietnam.

Chapter 5:

MATH-INCOME-FUND

What? 34. QHTTQG organizes accounting, finance, and state regulations.

What? 35. The fiscal year began on 1 January and ended on 31 December.

What? 36. The Fund's financial activity results are the difference between total income and total costs:

1. Total income includes loan interest, deposit interest, service fees, and other income;

2. The total amount includes capital raising costs, the cost of management and other expenses.

Fees, management costs and other expenses recommended by the Director General of the HĐQL-QHTTQG are consistent with the state financial regime.

What? 37. The Fund ' s financial results are oriented in direction

1. The case is greater than the genus, QHTTQG is set up and divided as follows:

-The risk reserve fund is 25% until it's 100% equal.

-The supplemated reserve fund is 15%.

-A 15% career technical development fund;

-Profit for members who contribute between 30 and 35%;

-The remaining number is rewarded with a reward fund and the regulatory benefits of the financial regime for the Fund.

2. The less than the genus, QHTTQG must use existing funds speaking at the point 1 Article to compensate for itself. After having used the funds not compensated enough, the Finance Ministry reviewed the Prime Minister's decision.

Chapter 6:

HANDLING DISPUTES AND DISSOLUTION

What? 38. Any dispute between the HTTQG Foundation with legal and indirect relations with a direct or indirect relationship to the operation of the HTTQG Foundation is treated under the existing laws of the Socialist Republic of Vietnam.

What? 39. The reorganization or dissolution of the HTTQG Foundation is decided by the Prime Minister.

Chapter 7:

EXECUTION CLAUSE

What? 40. The Ministry of Finance is responsible:

1. Perform the state management function on the operation of QHTTQG;

2. Representative represents the portion of the state budget according to the Government ' s provisions;

3. Consider the additional capital and financial assistance required when the risk is met;

4. Make free of the taxes for the Foundation ' s career activities.

What? 41. The State Bank of Vietnam is responsible for the management of the State for monetary policy, credit, banking services to QHTTQG.

What? 42. The Ministry of Planning and Investment helps the Government to implement the state management function of incentives to invest in the country; construction of the Government's decision to supplement, change the portfolio of industries, professions, and the scope of the areas that enjoy investment. The decision to grant or refuse to accept investment incentives for projects decided by the Prime Minister to the HTTQG Fund to consider the capital loan.

What? 43. The Provincial People's Committee, the Central City of the Central Committee, is responsible for implementing the state management function on the investment in accordance with the rule of law, defining a portfolio of preferable investment and decision-making by granting or denying it. recipient of investment incentives, for QHTTQG to review capital loans.

What? 44. This charter has been effective since the day of the day. The amendment, the QHTTQG Charter, must be ratified by the Prime Minister.

What? 45. The Minister of Finance, Chairman of the Board of Management and General Manager QHTĐTQG is responsible for the guidance and organization of this Charter.