Directive No. 05/2000/CT-NHNN on Rectifying and Strengthening Management of Basic Construction Investment Work in the Banking Sector

DIRECTIVE

REGARDING THE STRENGTHENING AND ENHANCING MANAGEMENT OF BASIC CONSTRUCTION INVESTMENT WORK

IN THE BANKING SECTOR

In recent times, the basic construction investment work of the banking sector has achieved significant results, creating storage facilities and headquarters to serve the operations of the sector. However, the basic construction investment work in recent years has also revealed some shortcomings, such as: the lack of an overall planning for the entire system leading to scattered investment in basic construction, some projects not being suitable for usage needs, causing capital wastage; the review process for project files, designs, budgets, and final accounts is still slow; some places have experienced capital losses; the coordination among units in investment and construction management has been unreasonable, resulting in delays in handling tasks, causing inconvenience to the grassroots level...

To enhance the effectiveness of basic construction investment work in the banking sector and to fully and strictly implement the regulations of the State and the sector regarding basic construction investment work, the Governor of the State Bank issues the following directive:

1- Basic construction investment work in the banking sector must be carried out strictly in accordance with Decree No. 52/1999/ND-CP dated August 7, 1999 of the Government on the issuance of the Investment Management and Construction Regulation and Decree No. 12/2000/ND-CP dated May 5, 2000 of the Government on amending and supplementing certain articles of the Investment Management and Construction Regulation issued together with Decree No. 52/1999/ND-CP, and other current regulatory legal documents related thereto. Strictly prohibit units and individuals from arbitrarily establishing procedures and regulations contrary to the current State's Investment and Construction Management Regulations. If any unit or individual intentionally violates and obstructs the implementation of the basic construction investment plan of the sector, they will be subject to disciplinary action or criminal liability pursued, if damage is caused, compensation must be made according to the provisions of the law.

2- Basic construction investment projects of the State Bank must be strictly managed from the stage of planning formulation, planning, as well as the implementation process; investment policies must be consistent with the planning and development orientation of the banking sector, specifically:

a- The allocation and utilization of basic construction investment capital must comply with the designated sources of capital as stipulated by the State and must be based on available funds capable of execution, ensuring that all projects are invested in a coordinated manner, including both main structures and necessary auxiliary structures such as warehouses, garages, parking lots, guard houses, fences, etc., without breaking down projects to reduce their scale, affecting architectural design, quality, and structural integrity.

b- The determination of the scale of each project must be based on actual needs and reasonable requirements of the user units, taking into account long-term requirements; at the same time, it must comply with the State's regulations on office space area for different user groups and technical standards for money storage as stipulated by the Governor of the State Bank to decide on appropriate investment projects. 合理性由使用单位确定，考虑到长期需求；同时必须遵守国家关于办公场所面积的规定以及根据国家银行行长规定的金库技术标准来决定是否投资建设符合要求的工程。

c- Project design must be harmonious with the surrounding landscape, ensuring aesthetic architectural beauty, while also coordinating the design of both main and auxiliary structures.

d- The preparation of budgets and the settlement of accounts must strictly adhere to established norms and prices and must be accompanied by complete legal documentation as required. Tendering or direct awarding of basic construction investment projects must be conducted in accordance with the Tendering Regulation issued together with Decree No. 88/1999/ND-CP dated September 1, 1999 of the Government on the issuance of the Tendering Regulation, Decree No. 14/2000/ND-CP dated May 5, 2000 of the Government on amending and supplementing certain articles of the Tendering Regulation issued together with Decree No. 88/1999/ND-CP, and other current regulatory legal documents related thereto.

e- Construction must strictly follow the approved design, prohibiting arbitrary changes to the design in violation of the law.

f- Based on the development planning of the unit and the sector, by June 30 each year, units under the State Bank that require basic construction investment in the coming year shall submit investment approval applications to the Administrative Bureau and the Accounting and Finance Department (State Bank).

The Accounting and Finance Department shall coordinate with the Administrative Bureau to examine, consider, and propose the basic construction investment plan for the State Bank for the planned year, submitting it to the Governor of the State Bank for comments to register the investment plan with the Ministry of Planning and Investment for projects planned to be funded by state budget capital; propose the basic construction plan for the year, submitting it to the Governor of the State Bank (through the Leadership Board) for approval in October of the previous year.

3- For state credit organizations and enterprises directly under the State Bank: The Chairman of the Board of Directors, General Director (or Director) shall be responsible for organizing the management of basic construction investment of their units in accordance with the regulations of the Government as stipulated in Decree No. 52/1999/ND-CP dated August 7, 1999 of the Government on the issuance of the Investment Management and Construction Regulation and Decree No. 12/2000/ND-CP dated May 5, 2000 of the Government on amending and supplementing certain articles of the Investment Management and Construction Regulation issued together with Decree No. 52/1999/ND-CP; Decree No. 88/1999/ND-CP dated September 1, 1999 of the Government on the issuance of the Tendering Regulation, Decree No. 14/2000/ND-CP dated May 5, 2000 of the Government on amending and supplementing certain articles of the Tendering Regulation issued together with Decree No. 88/1999/ND-CP, and other current regulatory legal documents related thereto.

4- Heads of units acting as project sponsors must organize strict management, regularly conduct self-inspections and supervision during the implementation process, ensuring compliance with legal regulations, and bear responsibility before the law and the Governor of the State Bank for the entire outcome of the investment project implementation of their units.

5- The Banking Inspection Department, the General Supervision Division, within the scope of their duties, shall be responsible for inspecting the compliance with state regulations in the construction activities of units under the State Bank, state-owned enterprises under the State Bank, and state credit organizations, promptly identifying, preventing, and handling any violations within their authority.

Heads of units under the State Bank; Chairmen of the Board of Directors, General Managers (or Directors) of state credit organizations shall be responsible for implementing this Directive. During the implementation process, if there are difficulties or obstacles, the units must promptly report to the Governor of the State Bank for resolution./.