The CIRCULAR regarding the management and use of loans of international credit organizations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree 58/CP 30/8/1993 by the Prime Minister on the management and use of foreign loans;
-Based on the statutes of the international credit organizations (TCTDQT), the World Bank (WB), the Asian Development Bank (ADB), fund the oil exporting countries (OPEC), Kuwait (KUWAIT) Fund and the regulation was agreed in the loan agreement on the use of loans of these institutions;
To deploy the use of loans under the credit agreement or development loan agreement (called the loan agreement) which the Bank project was signed with the Government on behalf of the TCTDQT, the Ministry of finance and the Bank unified regulating project as follows: article 1: General 1.1 Management Of all government loans from the TCTDQT are to be focused on the Budget the book project, the Ministry of finance is responsible for the management and repayment of principal and interest.
1.2 the portion of loans for development projects do not have the ability to recover the capital management and financing through commercial banks to transfer funds for the project in accordance with the current allocation mechanism in the water and signed loan agreements. The portion of loans for projects capable of divestment, the Ministry of finance for business loans through commercial banks.
Article 2: about your loan account loan: after signing the loan agreement begins to take effect, the TCTDQT will open for the Socialist Republic of Vietnam a loan account in the TCTDQT it (referred to as loan accounts).  Loan accounts are debited to pay directly for the purchase of materials, machinery and equipment (goods) or rent bidding and consulting overseas or extract transfer from this account to the special account (for the case of the WB) or advance account (for the ADB case) at the request of the borrower as specified in the loan agreement. Loan accounts will be debited once the borrower uses the loan.
Article 3: special account (WB) or advance account (ADB) 3.1 project bank trading would open for a WB loan project an account name transit project to receive the amount to which the WB loan application form in advance. Withdraw on this account will simultaneously be transferred to special account full name project open at the Bank served are specified in article 6.1 to pay the cost of the project by the local currency and the small expenses in foreign currency are made according to the provisions of the loan agreement.
3.2 on account (ADB), the Exchange will open for every ADB loan projects a standing advance account in the name of the project to receive the amount to which the ADB loans in the form of advance. Project open at the Bank serves the project account to receive money from the account to pay the said advance the cost of the project by the local currency and the small expenses in foreign currency are made according to the provisions of the loan agreement.
Article 4: rules of order and withdraw capital from TCTDQT to conduct direct payment or to transfer into the account says in article 3 the following: 4.1 for the direct payments on the basis of the plan was the browser specified in article 5.1, the owner of the project and the Bank serves are responsible for preparing the application for funds from the loan account with the records and documents required, a record for the Ministry of Finance (foreign financial Service) and a set for the Bank project (transaction) during 5 working days from the date of the application for funds, the Ministry of finance to have feedback. In the case of the Ministry of finance approved, project owners will sign an application for funds to send TCTDQT. After the exit, the project owner must report immediately to the Ministry of finance.
4.2 Withdrawal of capital from the TCTDQT to transfer into the account says in article 3 on the basis of the plan was the browser specified in article 5.1, the owner of the project and the Bank serves are responsible for preparing the application for funds are accompanied by the necessary documents and records, a post for the Finance Ministry (foreign financial Service) a send the Bank project (transaction). During 5 days, the Ministry of finance check, confirm and notify the Bank project. On the basis of this confirmation by the Ministry of finance, the Bank project would sign a petition to withdraw capital from the loan account to transfer to the appropriate account.
Article 5: the provisions on the management and use of money in special accounts, account and project accounts advance annual 5.1, home projects and enterprises lending (including banks) to plan the project and use capital in, have split up each quarter according to the progress of the project and the agreement was stipulated in the loan agreement to send The Finance Ministry approval before conducting the tender procedure, open letters of credit and funds. This plan should: a. TCTDQT + loan payment direct capital + capital account of densely packed and advance accounts;
   -Withdrawals from your account to spend on the job or purchase in the country by Vietnam.
   -Withdrawals from your account to spend on the purchase of equipment, supplies ... in foreign currency.
b. reciprocal Capital of 5.2 water on the basis of the aforementioned plan, quarterly project owners must make paper suggest funds (attach vouchers fit the loan agreement signed with the TCTDQT) to the Ministry of Finance of the medical standards. The time check and medical standard not exceeding 5 working days.
Based on the standard of health of the Ministry of finance, in which case ADB loan project, the Bank will transfer money from account to account to advance the project to Project Server to use (or for a commercial bank loan to back).
Where the project use by Vietnam, the Bank served the currency converter for the master project in the correct Forex management regime.
In the case of enterprises, loans of commercial banks was chosen to lend again to sign a loan contract with the Ministry of finance, the loan conditions are specified in each contract.
Article 6:6.1 The service of bank financing and project bank to coordinate commercial banking options to cater for projects loans, after consultation of the relevant TCTDQT.
6.2 the Bank serves to comply with all the provisions of the Bank project, the Ministry of finance and the relevant TCTDQT.
Article 7: test mode, 7.1 accounting special accounts, accounts and advance the project account will be checked periodically with suitable internal control regime of the banking system.
7.2 the Ministry of finance, the Bank project and the TCTDQT will select the audit agency agreement consistent with the provisions of the TCTDQT to conduct independent audit work under the rules of these organizations.
Annual recurring audit company selected will check your entire account, bookkeeping, the annual report relating to the account opening service for the implementation of the project and send confirmation for the TCTDQT according to the international standards and practices to simultaneously report to the Ministry of finance said. The Ministry of finance is responsible for conducting the inspection, the inspection activities of the project.
Article 8: about 8.1 implementation guide project Bank is responsible for guiding the profession related to the withdrawal of capital planning, capital management, reporting, settlement, ... for the project owner or bank lending.
Article 9: the validity and modifying this circular circular into a record from the date of signing. The Ministry of finance, the Bank project can modify this circular if deemed necessary.