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The Decision To 180/2002/qd-Ttg Dated: Issuance Of Financial Management Regulation For The Social Policy Bank

Original Language Title: Quyết định 180/2002/QĐ-TTg: Về việc ban hành quy chế quản lý tài chính đối với Ngân hàng chính sách xã hội

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The decision on issuing the financial management regulation for the social policy Bank _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to Decree No. 78/2002/ND/CP dated 4 October 2002 the Government credit for the poor and other policy objects;
Pursuant to decision No. 131/2002/QD-TTg dated 4 October 2002 by the Prime Minister on the establishment of the Bank of social policy;
Considering the recommendation of the Minister of finance; Minister, Chairman of the Government Office, DECIDES: 1. Attached to this decision the financial management regulations of the social policy Bank.
Article 2. The Ministry of finance is responsible for guiding, inspecting the implementation of a regulation attached to this decision.
Article 3. This decision takes effect from January 1, 2003.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central, Chairman of the Board and General Director of the social policy of the Bank is responsible for the implementation of this decision.
FINANCIAL MANAGEMENT REGULATION for the SOCIAL POLICY BANK (attached to decision No 179/2002/QD-TTg dated 19 December 2002 from the Prime Minister's) Chapter 1: GENERAL PROVISIONS article 1. This regulation applies to the social policy Bank on financial management activities.
Article 2. Social policy Bank is a credit institution State operations for the purpose of profit; is a legal entity, there is capital, has a balance sheet, seal, open an account at the State Bank, the State Treasury and other credit organizations in Vietnam.
Social policy Bank's accounting unit focusing system; financial autonomy, self responsibility for their activities before the law; implementation of the conservation and development of capital; offset the costs and risks of credit operations according to the terms stipulated in this regulation. Social policy Bank not insured deposits, required reserve rate of 0% (not percent), tax exemption and must submit the State budget.
Article 3. Social policy banks receiving capital sources, management of the Government and the people's committees of all levels; the task of raising capital of organizations, individuals in and outside the country to lend to the poor and other policy objects.
Article 4. Chairman of the Board, General Director of the social policy Bank is responsible before the law, before the State Management Agency regarding the observance of the financial regime of the social policy Bank stipulated in this regulation.
Article 5. The Ministry of Finance performs the function of financial governance, is responsible for guiding and checking the implementation of the fiscal regime for the social policy Bank.
Chapter 2: capital, FUNDS and ASSETS article 6. The Bank's operating capital social policy 1. Equity: a) capital of 5,000,000,000,000 (five trillion) due to State budget granted when established;
b) The Supplemental Reserve Fund, capital investment fund, the Fund preventive development finance, credit risk prevention fund, reserve fund subsidies reward Fund, job loss, a welfare fund;
c) Which State budget (including the central budget, local budget) to lend to poverty alleviation, job creation and other social policy;
d) income disparity was left not allocated to the funds (if any);
DD) non-refundable funding of organizations and individuals in and outside the country;
e) other Capital (if any).
When the scale of the Bank's activities in social policy was expanded under the direction of the Government, Chairman of the Board of the Bank of social policy reports to the Minister of finance to the Prime Minister decided to replenish capital.
2. Capital under the form: a) mobilize deposits have charged interest rates within the approved annual plan; voluntary deposit is not taken interest of organizations and individuals in and outside the country; the savings of the poor;
b) ODA be Government Affairs;
c) bonds, certificates of deposit and other documents prescribed by law;
d) postal savings loan, Vietnam social insurance;
VND) loans State Bank;
e) loans to financial institutions, domestic and foreign credit.
3. Capital trust of institutions and individuals in and outside the country.
4. other Capital.
Article 7. Use the Bank's capital social policy 1. The Bank's operating capital social policy be used to lend to the poor and other policy objects under the provisions of the law. When using capital, funds for the construction, procurement of fixed assets, the social policy Bank used does not exceed 15% of the capital stock of food and to the full observance of the provisions of the State on investment management and construction. The construction, procurement of fixed assets and other assets the Bank of social policy follow the norm due to State regulation for the agencies and career plans is through the Board.
2. The capital assets between the subdivisions of the Bank of social policy by the General Director, made on the basis of the scheme is the Bank Board approves social policy.
Article 8. Every year, the social policy Bank responsible for balance and capital needs capital to make loans to the poor and policy objects under the Government-approved plan, mobilizing the capital market interest rates to loans to ensure the principle of command when used with maximum capital sources do not pay interest or mobilize with interest low productivity.
Every year, the social policy Bank was granted offset the difference in interest rates and management fee.
The level of compensation level difference of the annual interest rate is determined on the basis of the difference between the interest rates the Republic capital with interest rate of lender under the provisions and the management fee was entitled.
Management fee for 3 years beginning when new social policy Bank established define no more than 0.6% per month on the average loan balances (including management fee direct bank's social and policy charges mandated). Management fee the Bank of social policy are affected in the next year by the Minister of finance the prime consideration, decision.
Article 9. Social policy banks responsible for implementing the regulations on capital security operation as follows: 1. Perform management, use of capital for your purposes, the right audience, effectively.
2. Buy property insurance and other insurance regimes as prescribed.
3. Be on the cost accounting activity the following reserves: a) the prevention of credit risks;
b) risk prevention on the rates.
The Ministry of finance the specific instructions to extract and use the reserves on risk.
Article 10. Social policy Bank made depreciation of fixed assets according to the provisions of the law for business. Social policy banks used capital depreciation of fixed assets to reinvest, replacement, renewal of fixed assets.
Article 11. Inventory, evaluation, assignment, liquidation sale of property 1. Periodically, at the end of the financial year, the Bank of social policy must take inventory of your assets. Determine the exact number of the property, admit, lack, the situation for the objects of policy, debt, debt recovery not yet is, determine the cause and responsibility of handling. The inventory of the property must be in accordance with the regulations as for State enterprises.

2. social policy Bank re-evaluation of assets and capital increase/decrease accounting difference revaluation of assets as determined by competent State bodies. The State capital increase/decrease accounting must be approved by the Ministry of finance.
3. social policy Bank to be liquidated, the sale of these assets less alienation, loss of quality; property damaged, obsolete techniques without the need to use or not to use effectively. Upon liquidation, sale of property alienation, social policy Bank to establish the Council ceded sold, liquidated. The property that the law must be held when the auction liquidation sale, alienation, the social policy Bank to auction according to provisions of the law.
The difference between the proceeds due to liquidation, sale of property alienation with the remaining value of the asset liquidation, sale and liquidation costs a hefty, hefty sales accounting in Bank's activity results in social policy.
Article 12. Handling risks 1. Reserve Fund Bank credit risk social policy was established the Reserve Fund on the credit risk costs to offset these losses, damages due to objective causes in an individual. Extract levels are calculated by 0.02% on the average balance of the year. Case of credit risk reserve fund not expended during the year shall be transferred to the following year to offset credit risks for the following years. Case reserve fund is not enough to offset the risks of risks during the year, the Chairman of the Board of the Finance Minister to review the decision.
Chairman of the Board of the social policy Bank responsible regulations and make use of the reserve fund to handle risks in the Bank's activities in social policy.
2. These risks by objective causes arising on an extension made by the decision of the Prime Minister.
Chapter 3: CURRENCY-FINANCIAL EXPENDITURE article 13. The Bank's income for social policy is the real terms arising in the period, including: 1. Income from professional activities: a) Currency loan interest rates and poor policy objects;
b) Currency interest rates of deposits;
c) from service mandated lending policy objects;
d) Currency of payment services and funds;
DD) Currency levels offset the difference in interest rates and management fee due to the State budget;
e) Currency operations, the other services.
2. other income: a) Currency liquidation, ceded the property sale (after deducting the charges liquidation, sale concessions);
b) other earnings in activity.
Article 14. The cost of the social policy Bank is the actual incurred during the operation, including: 1. Chi professional activity of social policy Bank: a) to pay interest for the amount of capital mobilization; genus Treasury payment services;
b) costs charged service fees for organizations implementing mandated lending to the poor and other policy objects. The level of pay service charges mandated by the Bank of social policy and implement mandated lending agreement does not exceed 0.22% per month calculated on the outstanding balance has gained interest;
c) genus of commissions for the loans does not exceed 0.1% per month calculated on the outstanding balance has gained interest;
d) pay allowances to the Board, the Board representative on the Board, the Board of consultants; genus remuneration for staff levels (ward) according to the regulations of the Ministry of finance;
DD) Genus excerpt created reserve fund credit risks and rates prescribed in paragraph 3 article 9 of this regulation;
e other costs) incurred in the course of professional activities.
2. cost management: a) depreciation of fixed assets, the excerpt follow common rules for enterprises;
b) spend money on wages, remuneration for officials and employees;
c) spent on social security, health, Trade Union funding contribution that social policy banks must contribute according to regulations;
d) costs mid-shift for officials and employees of the social policy Bank, the level of spending for each person do not exceed the minimum wage prescribed by the State for State officials;
Genus trading outfits) as prescribed for State enterprises;
e) spend on labor protection for those objects needed labor protection while working as prescribed;
g) genus of retrenchment for workers, for women workers according to the prescribed regimes;
h) genus of the work according to the prescribed regimes;
I) costs of services purchased from outside: such as transport, electricity, water, telephone, the material, the printed papers, stationery, tools, labour, repair-maintenance of fixed assets, materials, fire protection, consulting, auditing, insurance purchase property rental, property, health, hygiene, body oil, training , training, scientific research;
k) transaction costs, costs, Conference, reception, unveiling details and other expenses. In the three years beginning, foreseen no more than 7% of the total costs per year and no more than 5% the following year;
l) other management expenses (including hefty spending on sale, liquidation of fixed assets).
Article 15. Social policy Bank made the income accounting, the cost under the mode of regulation, responsible before the law about the accuracy of the revenues, spending and implement the regulation on mode of invoicing, accounting.
Article 16. Social policy Bank not be accounted into the costs of operation of the following: 1. The risks, losses have been supported by the Government or insurance agency, on damage compensation.
2. expenses penalty due to violation of the law.
3. expenses not related to the Bank's activities in social policy, such as support to individual organizations, grants for hard workers.
4. expenses exceeded the norms of financial regulatory regime.
5. expenses in other funding sources covered: genus, the genus career rewards, benefits and expenses in other funding sources.
6. no other reasonable expenses.
Chapter 4: FINANCIAL INCOME DISPARITIES and EXCERPTS ESTABLISHMENT article 17. Financial income disparity conducted during the year was the result of financial operations the Bank of social policy, is determined between the total income minus total costs during the year.
Article 18. Handle the difference in annual financial income 1. The case of the larger costs, income is treated as follows: a) set 2 Reward Fund, welfare. Quote level established for the two funds by 3 months of salary made in the year of the social policy Bank, the percentage split for each Fund by the Board of the Bank of social policy decisions.
b) income disparity Part remains to be further distributed as follows:-Quote created additional reserves fund capital 50%;
-Extract the financial reserve funds 15%;
-Quoted investment funds grows 30%;
-Extract the reserve pension funds lost work 5%, the Fund balance does not exceed 6 months made in the year of the social policy Bank.
2. in case of smaller income costs: social policy Bank transferred smaller income disparity of costs into the following year, the time to transfer no more than 3 years. The case after 3 years if social policy Bank does move out of income disparity is under charges, Chairman of the Board of the Bank of social policy reports to the Minister of finance the prime consideration, decision.
Chapter 5: ACCOUNTING, statistics MODE, auditing and FINANCIAL PLANNING article 19. Social policy Bank performs statistical accounting mode under the provisions of the law, recording the full original vouchers, bookkeeping and updated to reflect full, timely, honest, accurate, objective professional activities. Social policy Bank made according to accounting accounting account system under the provisions of the law.
The financial year of the Bank of social policy started from October 1 and ending on December 31 of the calendar year.
Article 20. Social policy Bank has the responsibility to prepare and submit to the Ministry of finance financial plan include:

1. planning of resources, use of capital investment plans and construction.
2. income, cost plan.
3. plan and interest rate disparity compensation level management fee from the State budget.
4. labor wages plan.
The financial plan is to base the Bank of social policy implementation during the year and must be the Board of the Bank of social policy approved and sent to the Ministry of finance. The time limit set and send the banking financial planning social policies implemented under the provisions of the law on the State budget and the current provisions of the law.
Article 21.
1. social policy Bank has the responsibility to prepare and submit financial reports to the Ministry of Finance according to the quarterly, year and other unscheduled prescribed by the Ministry of finance.
2. financial report contents include: a) the balance sheet accounts level III (including foreign exchange accounts table);
b) Tables summarizing the Bank's assets to social policy;
c) reported income, costs;
d) perform labor, wages and social policy of the Bank;
overdue debt), debt recovery, potentially difficult debt irrecoverable;
e) report the situation to extract and use the Fund preventive credit risks.
3. The Director General of social policy Bank responsible for the accuracy, the integrity of the financial statements.
4. financial report every year by the Chair of the Board of the Bank of social policy approval and sent the Ministry of finance. The audited and certified financial report the annual social policy Bank by the State Audit Agency perform. The results of the audit of financial statements of the Bank of social policy must be sent the Ministry of finance and the State Bank.
5. Each year, on the basis of the financial settlement reports of the social policy Bank, the Finance Ministry will consider, test according to the functions of State administration.
Article 22. Social policy Bank prepare internal audit, announced financial results annually under the guidance of the Ministry of finance and responsible for the figures were announced.
Chapter 6: Organization Do 23. The Ministry of finance, in coordination with the ministries concerned this regulation implementation guide.