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Circular 01/1997/tt-Nh11: Guide "investment Project Management And Construction" Of The Banking Industry Under The Charter Investment Management And Building Attached To The Decree 42/cp 16/7/1 ...

Original Language Title: Thông tư 01/1997/TT-NH11: Hướng dẫn "quản lý các dự án đầu tư và xây dựng" của ngành Ngân hàng theo Điều lệ quản lý đầu tư và xây dựng ban hành kèm theo Nghị định 42/CP của Chính phủ ngày 16/7/1...

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STATE BANK
Number: 01 /1997/TT-NH11
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 2, 1997

IT ' S SMART

Guide to "Management of Investment and Construction Projects" of the Bank industry

Follow. Executive Investment Management and Board construction attached to the

Resolution 42 /CP of the Government on June 16, 1996

____________________

On 16 July 1996, the Government issued a 42nd /CP Protocol on the Executive Management and Construction Regulatory Charter (later abbreviated as MILITARY & XD 42 /CP) to replace the Investment Management Charter and the construction of the board under Decree 177 /CP on October 20, 1994 of the Government. Construction of the Ministry of Planning and Investment and the Ministry of Finance issued the No. 04 TTLB on 10 September 1996 for the implementation of the 42 /CP Charter.

Implementing Article 4 of the Decree and Article 59 of the Marine Corps & XD 42 /CP, the State Bank of Vietnam instructs some of the main things (in addition to the guidance content at the interrelated THMR) to replace the directive 3 /CT by the Governor of the State Bank of Vietnam. August 8, 1992:

I. SCOPE APPLIES 42 /CP CHARTER AND INVESTMENT CAPITAL:

1. The scope of the application of QD & XD 42 /CP to the banking sector:

All investment and construction projects of the banking industry (including the State Bank; the state-owned Commercial Bank, the Vietnam Gold Silver Gold Corporation was established by Decision No. 90/TTg on 7 March 1994 by the Prime Minister; companies, factories and businesses). The State Bank Investment Trust Center, the State Bank Direct Trust Center, credit organizations, financial companies, equity banks (the so-called NH) were all subject to the application of the FINANCIAL & XD 42 /CP on 16 July 1996 and the guidance parameters. of the ministries, the branches of the State Administration of Basic Construction. However, for credit organizations, equity banks, financial firms that do not use state capital, the Central Bank only manages investment and construction projects on the goal, scale development of the unit tied to the economic development strategy of the country. -social media on every site and with the planning, industry development plans have been approved by the governor.

2. State investment capital in the banking industry includes:

-State Bank Capital.

-Investment capital forms from the underlying depreciation, the post-tax profit, the self-mobiling capital of businesses, the borrower; In addition, if the Governor allows in writing, there are additional types of venture capital, links, other types of capital charged under Article to the state-owned banking business that the capital of the banking business is primarily.

II. REGARDING THE AUTHORITY TO DECIDE ON INVESTMENT AND THE MANDATE TO INVEST THE PROJECTS USING STATE CAPITAL.

The base stipulated at article 7 of the RLQT & XD 42 /CP, the State Bank of Vietnam rules the authority to decide on investment and the mandate to invest the investment of "Investment and Construction Projects" using state capital in the banking system as follows:

  1. The Governor of the State Bank is the one with the authority:

a) Consider and recommend the Government approve of the project group A.

b) Decision the investment projects in Group B (from 7 billion or more) in the entire Bank and before the decision the B group must have a unified opinion of the Minister of Planning and Investment.

c) The decision to invest the projects of establishing a joint venture company between domestic enterprises, the business objectives of the industry is the main in both Group B and Group C.

2. The board of directors of the National Commercial Bank, the silver and gemstone company, is the owner of the investment projects in Group A, Group B (from 7 billion and above) and is entitled to determine the C group projects with the inherent source of their own system. The state-owned commercial bank, the gold-based silver gold company, is the owner of the direct management of Group C investment projects licensed to grant capital; review and offer approval of Group A project, B.

3. The Director of the Administration of Staff for Governor review recommended the Government approve the Group A project and the Governor approx the Group B project and is authorized by the Governor of the State Bank to decide group C projects (under 7 billion dollars) of the banking system. The state (which includes both companies, businesses, the State Bank Research Centre and Research Centre, the trust center etc.). The State Bank's Group C projects are built at the Central Bank (including 49 Li Thais; 17 Wharf) due to the Governor's approval.

4. The State Bank, the city and its subordinated units are the owners of the investment of the projects by the source of capital and the budget granted by the Central Bank; the Bureau of Administration, the Chief of the State Bank Office in Ho Chi Minh City as the head of capital. works at the Central Bank.

III. IN TERMS OF APPRAISAL, TECHNICAL DESIGN APPROVAL AND TOTAL EXPECTED

The appraisal, technical design approval and total accounting in accordance with article 27 of the DLQR & XD 42 /CP in the banking industry are implemented as follows:

1. The Governor of the State Bank has the authority to approve the technical design and total accounting of project projects in Group A and Group B in the entire banking industry after having been questioned by the specialized body of engineering design and the Department of Appraisal. The General Plan for a Group A project (Using the industry's ability to use enough of the task force or may hire a consulting unit if necessary for Group B). The administration is a staff member for the Governor in the basic construction management of the banking industry.

2. The board of directors of the National Commercial Banking, the General Silver Gold Corporation has the authority to approve the engineering design and total accounting and design of the public drawing + detailed accounting (if the 2-step design work) Group C project works. (below 7 billion dollars) for the base units.

3. The Administration of the Administration was authorized by the Governor of the Administration to approve the design of the public drawing + accounting for the details of the C group project onward after having been authorized by the Governor-General of the State Bank for investment projects by the Bank of the Bank. The Provincial State, the Industrial Company, the Center for the Training and Research of the Bank, the Trust Center of the State Bank, the Central People's Credit Fund ... The work of the C-team project was built at the Central Bank (49 Li Taishong, 17 Wharf Ports) by the Governor-General of Design +.

IV. ABOUT BIDDING AND BIDDING:

The bidding and bidding under Article 30 of the MILITARY & XD 42 /CP and Article 43 of the Government's Bidding Act issued on 16 July 1996 at the Protocol 43 /CP are implemented in the banking industry as follows:

1. General Principles:

For investment projects using state capital (including the specified capital at section I, point 2 of this index), the owner of the investment must hold bids under the state bidding process, except for the following projects in accordance with the bidding designation:

a) The project has a national secret nature: The work categories of the state-owned printing plant, the state treasury, the Banking Trust Data Center.

b) The project has a small value of less than 500 million copper.

2. Consider bidding results:

a) For project B: Governor of the State Bank approx bidding results on the basis of an investor ' s proposed basis for Group B project work (from 7 billion or up) bids: selection of valuing values from 500 million to 10 billion dollars; the packages are available. Procurement of equipment or construction supplies worth between 10 billion and 50 billion, the larger bids above the maximum value said above must be passed by the Prime Minister before approving the results of the bid:

The Board of Directors of Commercial Banking, Gross Silver Gold Corporation was authorized by the Governor of the Governor-General to approve the results of the selection of consulting packages under 500 million copper; procurement and equipment procurement packages under 10 billion dollars. Back down (for Group B project).

Joint ventures and business ventures are the Board of Directors of Commercial Banking, the General Silver Gold Corporation decides to result in the selection of the contractor on the basis of the agreement of the Ministry of Planning and Investment.

The Director of the Administration was authorized by the Governor to approve the results of the bids: the draft selection of less than 500 million, the procurement and procurement of goods equipment or construction costs below 10 billion or more under the State Bank system (for the project). group B).

b. For the C group project: (in accordance with QLT & XD 42 /CP): the competent decision to invest and be authorized to invest (as stipulated in Part I of section 1, 2, 3 of this Smart) is approved the result of selecting all bids of the project. Murder.

V. ABOUT THE INTERROGATION AND APPROVAL OF THE DECISION

The trial and approval of the decision is made in accordance with Article 36 and Article 37 of the RLQR & XD 42 /CP as follows:

Before the approval of the investment decision on the completed project of the banking system must proceed with the appraisal. For the group B project, C; due to the division of the basic construction function of each system holder system with interrogated and interoperable units prior to the authorship decision-making authority approx the investment capital decision. Complete.

Specific:

-The Governor of the State Bank approx the decision on group B projects of the entire industry after having the auditor of the department to have the basic construction management function of the State Bank on the basis of the work-decision audit results.

-The National Commercial Bank Board of Directors, the General Silver Gold Corporation approved the decision of Group C projects after an opinion of the department to have the basic construction management function of its system, (or rent out the audit audit to the company). Large scale works, complex techniques.

-The Administration of the Administration is approved by the Governor of the Bank of the State Bank to approve the decision of group C projects under the State Bank system after having the opinion of the department to have basic construction management functions (or rent out an audit audit). It ' s with large-scale construction, complex engineering.

VI. IN TERMS OF THE RESPONSIBILITY OF STATE MANAGEMENT OF BASIC BUILDING INVESTMENT PROJECTS IN THE ENTIRE INDUSTRY:

The responsibility for implementing the State management of the investment projects of the entire banking sector is carried out in accordance with Article 6 of the & XD Article as follows:

1. Every year the State Bank branch, the State Banking system, has the need for a basic building to build and plan investment capital investment planning to send in the Central State Bank before the date of the day. Fifteen to ten for the next year's plan. The state-owned commercial banks, the Silver Gold Corporation, set up basic construction investments, registration and use of the annual capital of both the State Bank system, which is considered by the time above.

The State Bank Administration is responsible for aggreging the overall basic building investment of the entire industry (which divides each system) to the governor's review of the work portfolio, the total investment capital for each group's B-group structure. The bank (including the state-owned Commercial Bank, the Silver Gold Corporation and the State Bank). After being approved by the Governor, the Board of Directors of the Project B team projects the Governor's Group consideration for the development planning and technical economic content of each project. Then apply to the unification of the Department of Planning and Investment Planning as a project to approve the project.

The units were only made construction work when the category was approved by the Governor in the annual plan. The case with a new requirement or change must have a written report of the Governor of the State Bank of the State for the adjustment and acceptance of the new entity.

2. All basic building works that do not distinguish the capital, the form of investment as well as the regulation of investment approx. Separately, the Group B project of the state-owned commercial banks, the Silver Gold Corporation, prior to the approval of the Governor-General of the Governor-General of the State Bank of the Province of the Province. The Group C project (which has a capital of 2 billion or more) of the state-owned commercial banks, the gold-based silver gold corporation on the site must report the plan to Director of the State Bank of the Province to participate in the opinion on the development scale and the project content. It's a business plan.

3. The State Bank manages the capital investment capital investment capital of the projects issued by the State Bank. Basic building investment projects use the inherent capital of the state-owned commercial banks, the General Silver Gold Corporation, led by the Board of the Bank of Management and Capital.

4. The Administration acknowledges the Governor 's responsibility to guide, direct, check out the investment owners of the State Banking system and the Board of Directors of the state-owned Commercial Banking, Vietnam' s General Silver Gold Corporation to perform the right management charter. Government investment and construction of 42 /CP of the Government issued on July 16, 1996.

5. The head of the Accounting-Finance case is responsible for the balance of basic capital building investment and guidance, inspection, management, tracking of basic building capital investment resources by the state and of the sector for the work of the Bank of the United States. It's the State of the State.

6. The general control of the State Bank is responsible for testing, which controls the acceptance of the state's basic building regulations and of the industry for the State Bank works governing capital.

7. Total control of the state-owned commercial banks, the President of the Silver Gold Corporation is responsible for regularly testing, controlling the works of its system implementing regulatory regimes of the state's basic building and of the industry.

8. The Chief Inspector of the State Bank is responsible for the inspection of basic construction works in the entire industry that has signs of use, embezzled, violating the Charter of Investment Management and Construction.

9. This message is in effect since the signing date. The documents of the State of the State of the State of the State of the Republic of the Republic of the Republic of the United States, opposed to this, were not valid.

In the course of the organization, if it is difficult to get involved, offer units that reflect promptly on the Central State Bank to study the settlement.

KT. GOVERNOR.
Vice Governor.

(signed)

Nguyen Ngoc Olight