Circular performing financial management mode for the Vietnam environmental protection Fund _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to decision No. 82/2002/QD-TTg dated 26 June 2002 by the Prime Minister on the establishment, organization and operation of the Vietnam environment protection Fund, the Ministry of Finance shall guide financial management mode for the Vietnam environmental protection Fund are as follows : i. GENERAL PROVISIONS 1. This circular applies to the Vietnam environment protection Fund.
2. Vietnam environment protection Fund are State budget funding. Vietnam environmental protection fund has the responsibility to ensure the return and offset costs, tax exemption and the submission of the State budget for the activities in the field of environmental protection.
3. Environmental Protection Fund Vietnam's independent accounting units, used the proceeds to cover the costs of the operation; distributed difference of financial income in accordance with the provisions of this circular.
4. the Management Board, Director of the Vietnam environment protection Fund responsible to the Prime Minister regarding the safe management of capital and assets of the Fund, using working capital for your purposes, effectively.
5. The Ministry of Finance performs the function of financial governance, guidelines, test and approval of settlement activity, the annual financial revenue of Vietnam environment protection Fund.
II. REGULATIONS On CAPITAL And ASSETS 1. Active capital of Vietnam environment protection Fund include: 1.1. Capital includes:-200 billion due to the State budget.
-Additional Supplemental Funds from the capital.
When requesting a change in the level of capital, the Chairman of the Board of Trustees recommended Vietnam environment protection Minister of natural resources and the environment, the Minister of finance, Minister of planning and investment to the Prime Minister's decision.  
1.2. damage compensation of environmental organizations and individuals filed into State budget according to the provisions of the law. 
1.3.50% of the costs for environmental protection every year. The collection, submission and quote this funding source for the Vietnam environmental protection fund to be made under the provisions of the Government about the fees.
1.4.10% of the cost of the annual State budget for State management activities on the protection of the environment. This funding source identified in the plan of annual State budget and the environmental protection Fund grant for Vietnam. 
1.5. Aid money, grants, voluntary contributions of organizations and individuals in and outside the country.
1.6. Capital trust of the domestic and foreign institutions to lend or grant capital mandated by contract.
1.7. the original debt recovery Capital loans.
1.8. other Capital in accordance with the law.
The capital account, as specified from 1.2 to 1.5 points above are called additional capital of Vietnam environment protection Fund.
  2. Which operation of the Vietnam environment protection Fund to be used for your purposes, effective, safe and guaranteed for the following objectives:-For loans with preferential interest rates the environmental protection projects under the mechanism as follows: + the loan does not exceed 70% of the total cost of the program investment projects for environmental protection.
+ The interest rate specified by the HĐQL Fund for each group of objects but does not exceed 50% of the interest rates for commercial loans. The Ministry of finance through the ceiling interest rates as the basis for HĐQL the Fund determines the interest rate for loans in each period.
+ For 1 project, the loan interest rate is determined at the time of signing the loan contract and fixed during the term of the loan.
+ Loan projects case violated the loan contract, the repayment is not timely, the project owner must bear interest fines equal to 200% of the lending interest rate in term.  
-Loan interest rate support and funding for environmental protection activities under the rules.
-Investment in fixed assets procurement serves for operation of the Vietnam environment protection Fund does not exceed 7% of the Fund's capital. The entire investment, procurement of fixed assets of Vietnam environment protection Fund is made according to the regulations as for State enterprises. The environmental protection Fund annual Vietnam investment plan must build, procurement of fixed assets the Management Council to consider approving and implementing investment, shops within the approved plan.
-Buy Government bonds from the temporary capital idle does not originate from the State budget on the basis of the Organization's consent, individuals providing venture capital. 
3. The Ministry of finance and capital allocation, capital of the State budget for the Vietnam environmental protection Fund under the State budget estimation, the provisions of the law on the State budget and the writing guidelines state budget Law. Compensation for damage on the environment and the environmental protection charge money every year to be issued to fund the Vietnam environment protection according to the regulations of the State.
4. Every year, the Vietnam environment protection Fund to balance capital and capital needs for environmental protection activities; make planned capital sources.
Vietnam environmental protection fund is to open an account in the State Treasury and commercial banking under the rules.
5. Inventory, revaluation of assets 5.1. Vietnam environmental protection fund to carry inventory, revaluation of assets in the following cases:-inventory, revaluation of assets as determined by competent State bodies.
-Recovery of collateral when the owner does not pay the debt.
-Liquidation sale of property alienation, 5.2. The inventory, revaluation of assets must be in accordance with the current rules for State enterprises. The fare increases or decreases due to the revaluation of assets (except account collateral recovery, asset formation from loans of the Fund when the owner does not pay the debt) are accounting increases or decreases the capital of Vietnam environment protection Fund under regulations such as for State enterprises.
6. for the cases of loss of assets of the Fund, the environmental protection Fund Vietnam must clearly identify the cause and handle: 6.1. If the property losses caused by the fault of the individual and the collective, the collective, the individual causing the compensation prescribed by the law.
6.2. If the property insured under the law then processed according to the contract of insurance.
7. The extract and use depreciation of fixed assets of Vietnam environment protection Funds made under the guidance of the Ministry of finance for business.
8. Vietnam environment protection Fund is entitled to rent the property in the administration of the Fund under the principle of effective conservation and development of the capital under the provisions of the civil code and the provisions of the law.
9. Vietnam environment protection fund to be liquidated, the sale of these assets less alienation, loss of quality, the property damage without possibility of recovering property technical backwardness, not wishing to use or not to use effectively. 
When the liquidation of assets, the Vietnam environment protection Fund to property valuation and auction held in accordance with the law. The difference between the proceeds due to liquidation, sale of property alienation with the remaining value of the assets on the books of accounting and the cost of liquidation, sale concessions (if any) are in the accounting income of Vietnam environment protection Fund.
III. REGULATIONS ABOUT The EXTRACTING Of BACKUP FUNDS RISKS 1. Vietnam environmental protection fund was established the reserve fund to offset the risk of losses due to objective causes arising in the process of lending for environmental protection projects.
2. extract Levels of preventive risk funds by the Board of management decided every year by 0.2 percent minimum but on the annual loan fund.  The excerpt follow up once a year at the end of the financial year.

3. risk prevention Funds be used to offset the risks of the project incurred by unforeseen causes such as the loss due to natural disaster, fire; After using the Agency's compensation insurance (if available) to reduce the exclusion of losses; 
4. the end of the year, if not used up reserve fund risks, balance of the Fund was transferred to the Reserve Fund of risk the following year. Case reserve fund balance of risk was not enough to offset the losses incurred in the year, the Board of Trustees report Vietnam environment protection Ministry of natural resources and environment, Ministry of finance and the Prime Minister to review the decision.
5. jurisdiction to handle risks – President of the Board of Trustees decided to extend the term of the debt, interest rate reduction loan and debt on the basis of such recommendations of the Director of the Fund. The maximum debt renewal time by 1/3 of the time limit stated in the loan contract credit.
– The Ministry of finance in cooperation with the Ministry of natural resources and environment, the Prime Minister decided to remove the debt on the basis of recommendations of the Board of Trustees.
 IV. LOAN INTEREST ASSISTANCE 1. Principle of determining the level of support and interest-investor environment protection projects received support only for the interest of loans for investment in credit institutions within the scope of the total investment of the project. Investor interest is not supported for the overdue debt.
-Support the interest rate when the project was completed and put into use, refund loans for credit institutions.
-The support level of interest by the HĐQL the Fund decided not to exceed the level of the ceiling interest rates due to the Ministry of Finance announced at the time of concluding the contract interest rate support.
2. Determine the level of support the interest rate interest rate support level = original debt supported interest rate X% of the level of support was browsing real-term loans by X years for support stem debt interest rates 3. Planning the annual interest rate support, additional capital plan bases and support needs of interest of the project, the environmental protection fund in Vietnam plan to support the interest rate for loans for projects in the specified object.
The total amount of loan interest assistance may not exceed 20% of the additional capital of Vietnam environment protection Fund not counting capital budget level.
The planned annual interest rate support to be governing environmental protection Fund through Vietnam and the Finance Ministry report, Ministry of natural resources and the environment.
V. FUNDING 1. The principle of environmental protection Fund grants Vietnam made the donation for the objects under the provisions of the Charter the Organization and operations of the Vietnam environment protection Fund.
The level of funding from the environmental protection Fund Vietnam with maximum 50% of the cost to perform the task.
2. The annual funding plan, pursuant to the plan of additional capital and funding needs of the audience, the Vietnam environmental protection Fund to plan sponsors for objects under the rules.
The total annual funding amounts should not exceed 30% of the additional capital of Vietnam environment protection Fund.
Annual financing plan must be the Council manages the environmental protection Fund and Vietnam reported the Ministry of finance, Ministry of natural resources and the environment. 
VI. FINANCIAL Incomes And Expenses 1. The income of Vietnam environment protection Fund's entire account currency during the year, arising from the business activities and other services of the Fund, including: 1.1. Income from professional activities:-Currency lending interest rate of loan investment project of Vietnam environment protection Fund; 
-Currency deposit interest rates of Vietnam environment protection Fund deposited at the State Treasury and commercial banking;
-Charge entrusted lending under mandate contracts;
-Currency business activities and other services;
1.2. Income from financial activities:-Currency interest from active buying, selling government bonds;
-Revenue from property rental activities;
-The revenues from other financial services.
1.3. Income from extraordinary activities:-The fine revenues;
-Currency liquidation, sale of property alienation of Vietnam environment protection Fund (after excluding the remaining value and liquidation expenses, selling concessions);
-Currency disparities due to re-evaluation of collateral when the owner does not pay the debt, asset formation from loans of the Fund;
-Debt collection recovery nay be deleted;
-Other extraordinary incomes.
2. The cost of the Vietnam environmental protection Fund are the actual need for the Fund's operations, there are invoices, vouchers valid. The level of genus, the genus object is made as required by law. Case law have yet to be defined, the Vietnam environment protection Fund based on the financial abilities of construction norms, spending decisions and responsible before the law.
The expenses must be in year financial plan has been approved by the Management Board, including: 2.1. Genus professional activity:-costs of raising capital;
-Cost payment services;
-The cost of mandated;
-Extract the reserve funds risk;
-Other Expenditure for professional activities.
2.2. Expenditure for workers working directly at the Vietnam environmental protection Fund:-spending wages, salary allowance according to the regulations of State enterprises;
-Social insurance, health insurance, contribution funding under the Union regime of State regulation;
-Eat ca: spending per person does not exceed the minimum wage rules for State employees;
-Trading outfit, worker means as a rule;
-Allowances for Board members, management staff from the sale are dedicated; genus hiring professionals.
2.3. cost management:-the cost of depreciation of fixed assets-for public service management and operations: + Chi shops labor tools, Office supplies;
+ More details about fees and postal communication: includes expenses for postage, communication, telephone, telex, fax, ... charged under the Agency's postal bills;
+ Genera, electricity, water, health, sanitation Agency.
+ Genus petrol transport service of public servants come under State regulation.
+ Genus diem for officers, public servants and foreign travel payments according to the current rules of the Ministry of finance.
+ Cost of propaganda, the press, transaction costs, Conference fees, within the approved financial plan.
+ More details for the inspection, test according to the prescribed regimes.
+ Genera, maintenance of repair of the property by the annual financial plan.
+ Genera, training, training. 
-Extract the Fund preventive retrenchment. Varying from 1%-3% on the basis of the wage fund of social insurance of Vietnam environment protection Fund.
Reserve Fund used to finance retrenchment retrenchment, lost work according to the provisions of article 12, article 13 of Decree 41/2003/ND-CP on 18/04/2003 of Government of detailed rules and instructions for the implementation of some articles of the labor code of employment.
If the Reserve Fund of the annual job loss allowance not spent are balance transfer to next year. The case of the pension reserve fund job loss wasn't enough to spend on subsidies for retrenchment, workers lose jobs in the financial year, the entire deficiency is disparity on the cost accounting of enterprise management in the States.
-Other management costs as stipulated.
2.4. The genus financial activity:-costs for purchasing activities, the sale of government bonds;
-Cost to rent property;
2.5. extraordinary expenses:-expense for the recovery of the debt has been cleared.
-Costs to collect the penalties under the regulations.
-Property insurance and other insurance types as specified.
-Spending variances due to re-evaluation of collateral when the owner does not pay the debt, asset formation from loans of the Fund;

-Support for the activities of the party, the Union of Vietnam environment protection Fund under the provisions of the State (not including expenses in favour of local industry, unions, social organizations and other bodies).
-Other expenses under the rules.
3. Environmental Protection Fund Vietnam not to cost accounting the following account: The account of damage have been supported by the Government or insurance agency, on damage compensation;
-Expenses penalty due to administrative violations by the subjective cause, violations of financial regimes; the budget for the Department of environment.
-The basic construction investment, purchase, upgrade, improvement of fixed assets in investment capital construction;
-The expenses for the repair, maintenance and equipment the property benefits;
-The State budget was spent on the Environmental Bureau.
4. During the first 5 years of operation, the case proceeds of Vietnam environment protection Fund is not enough to offset the cost, the Fund HĐQL Finance Ministry report reviewed specific processing.  
VII. INCOME DISTRIBUTION and USE of FUNDS 1. Income distribution disparity of incomes and expenses fiscal year after pay the fine by violating the provisions of the law, was distributed as follows:-Extract 10% to fund capital additions;
-Extract 50% on investment development fund;
-Extract of reward and benefits fund. The levels of extracted two funds made under the rules as for State enterprises.
-The remaining after the excerpts set up the Fund on will be added to the Development Fund.
2. Purpose of use of funds 2.1. Additional capital funds are used to increase the Charter capital for the Vietnam environmental protection Fund at the discretion of the authority.
2.2. development investment Fund used to invest, procurement of property, equipment and technology innovation, working conditions.
2.3. the reward Fund used to:-bonus last year or the regular bonus for staff officer of the Vietnam environmental protection Fund. Bonus level by the Director decided on the basis of labor productivity, the merits of each of the officers, employees working in Vietnam environmental protection Fund.
-Sudden Prizes for the individual, the collective of Vietnam environment protection Fund has the technical innovations, business processes effective. Bonus level due to Fund Manager decides.  
-Rewards for individuals and units outside the Vietnam environment protection Fund has relationships, contribute effectively to the activities of the Fund. Bonus level by the President of the Board of Trustees decided.
2.4. the welfare fund is used to:-construction or repair, replenishment of construction works to the benefit of Vietnam environment protection Fund, which is invested to build public welfare works in the industry, or with the unit according to the contract agreement.
-for sports activities, cultural and public welfare of cadres, staff of the environmental protection fund in Vietnam.
-Difficult subsidy Spending frequent, unscheduled for officers, staff of the environmental protection fund in Vietnam. 
-Contribution to social welfare Fund and other welfare activities.
The Director of the environmental protection Fund in collaboration with the Vietnam Trade Union Committee of the Fund to manage, the use of this Fund.
VIII. STATISTICAL ACCOUNTING REGIMES And FINANCIAL PLANNING 1. Vietnam environmental protection fund is to apply the accounting mode of development support Fund to implement accounting activities of the Fund.
2. Annually, Vietnam environment protection Fund has the responsibility to establish and report, Ministry of natural resources and environment and the Ministry of finance the following plans:-the annual capital plan include: capital budget additional levels; the capital budget for the prescribed objectives; debt recovery capital loans; other capital.
-Use plan which include: investment loan plan; interest rate support plan; the plan sponsor is not refundable.
-The planned currency-chi accompanying financial presentation details of the items collected, the genus and the specific costs.
3. Periodically (quarter, year) Vietnam environment protection Fund set up and submit financial reports to the Ministry of natural resources and environment, the Ministry of Finance:-the report you submitted at the latest on June 25, beginning the following quarter.
-Report be submitted at the latest on 30/3 of the following year to the Ministry of finance review, evaluation and approval.
4. The environmental protection fund in Vietnam is subject to the financial examination of the Ministry of finance, including:-check the accounting reports and report periodically or irregularly.
-Check under each thematic requirements of financial management.
IX. IMPLEMENTATION of this circular effect after 15 days from the Post Gazette. In the process if there are obstacles, Vietnam environmental protection Fund reflects on the Finance Ministry to study the resolution./. 1