Decision No. 05/2016/QD-TTg On the management and use of fees for loan refinancing and the portion of guarantee fees at the Ministry of Finance for the period 2016-2020

Pursuant to …;

VOn the management and use of fees for loan refinancing

and the portion of guarantee fee at B||| Tthe Ministry of Finance during the period 2016 – 2020

_______________

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Public Debt Management Law dated November 23, reason public debt on June 17, 2009;

Pursuant to Decree No. 78/2010/NĐ-CP dated 14 July 2010 of the Government on foreign loans of the Government; again sources of funding /NĐ-CP dated February 16, 20

Decree No. 15/2011of the Government on granting and managing11 government guarantees; reason 130/2005/NĐ-CP dated October 17,

Pursuant to DecreeNo. 2005 of the Government stipulating the self-management and self-responsibility regime regarding staffing and administrative management expenses for state agencies; Decree No. 10 7/2013/NĐ-CP dated October 7, 2013 of the Government amending and supplementing some articles of Decree No. 130/2005/NĐ-CP dated October 17, 2005 of the Government stipulating the self-management and self-responsibility regime regarding staffing and administrative management expenses for state agencies;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Prime Minister issues this Decision on the management and use of fees for loan refinancing 11and the portionJune 2024;of guarantee fees

/NĐ-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;15/201Pursuant to the ASEAN Customs Agreement signed in Phnom Penh on March 30, 2012;

At the proposal of the Minister of Finance,

at the Ministry of Finance during the period 2016-2020.i This Decision stipulates the management and use of fees for loan refinancing and the portion of guarantee fees collected by the Ministry of Finance under the legal provisions on public debt management, applicable from the fiscal year 2016 to 2020.a) Units directly responsible for public debt management at the Ministry of Finance;b) Units directly involved in activities specified in Point d Clause 1 Article 4 and units with direct contributions to public debt management activities as stipulated in Clause 2 Article 4 of this Decision. lArticle 2. Objectives, requirements:

Article 1. Scope of Regulation and Applicability

2. Applicability:

The management and use of fees for loan refinancing and the portion of guarantee fees shall be concentrated on organizing capital borrowing with appropriate costs and risk levels, meeting the requirements of budget balance and economic and social development investment in each period; allocating borrowed funds for their intended purposes, effectively, ensuring repayment capacity; maintaining public debt, government debt, and foreign debt of the country at safe levels, ensuring national financial security, in accordance with Vietnam's conditions and international practices.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

2. Requirements:

To use economically, efficiently, and for intended purposes; not overlapping with the regular budget expenditure guaranteed by the state budget.

Article 3. Allocation of funds

1. Objectives:

1. Allocate 40% to the Debt Repayment Reserve Fund;

2. The remaining 60% shall be used to supplement the operating funds of units directly responsible for public debt management at the Ministry of Finance (outside the regular state budget allocation for ongoing operations as currently provided) for the purposes specified in Article 4 of this Decision.

Article 4. Use of funds

Annually, in addition to the regular budget allocation for ongoing operations as currently provided, the Ministry of Finance shall allocate the funds allocated under Clause 2 Article 3 of this Decision to units directly responsible for public debt management for the following purposes:

The proceeds from loan rescheduling fees and guarantee fees shall be allocated as follows:

1. Enhance the effectiveness of public debt management work, including:

b) Propaganda and dissemination of policies and laws on public debt management and non-repayable aid; building and maintaining the operation of the Public Debt Management Information Website; publishing the Public Debt Bulletin and related publications;

c) Provision of material and equipment to support public debt management and non-repayable aid management;

d) Professional public debt management activities as guided by the Ministry of Finance, such as hiring legal consultants, supporting the implementation of public debt management tasks; funding for legal advisory and support services; project monitoring and supervision; seminars and conferences; training and capacity building for staff; research, surveys, and learning experiences both domestically and internationally; funding for scientific research, implementing special topics, projects, mechanisms, and policies on public debt management and non-repayable aid;

đ) Supplementing maximum salary up to one time the state-prescribed salary level for state-defined officials and civil servants (grade, rank, and various allowances, excluding night shift and overtime pay). This expenditure will cease when the new salary system is implemented;

a) Building, maintaining, and upgrading databases on public debt and software for managing public debt and non-repayable aid;

The expenditures specified in Points a, b, c, d, đ Clause 1 of this Article shall be carried out according to the established standards and norms issued by competent authorities. The Minister of Finance shall approve and issue specific norms for public debt management activities based on applying current standards and norms, in line with the situation and available funding.

2. Rewarding groups and individuals outside the units directly responsible for public debt management at the Ministry of Finance who have made direct contributions to public debt management activities. The total amount of rewards shall not exceed one month's actual salary of the unit directly responsible for public debt management in that year.

3. After completing the tasks specified in Clauses 1 and 2 of this Article, any saved funds may be used for purposes as stipulated in Decree No. 130/2005/NĐ-CP dated October 17, 2005 of the Government on the self-management and self-responsibility regime regarding staffing and administrative management expenses for state agencies, Decree No. 117/2013/NĐ-CP dated October 7, 2013 of the Government amending and supplementing some articles of Decree No. 130/2005/NĐ-CP, and relevant legal provisions.

4. Any remaining funds after using them for the above purposes shall be transferred to the next year for use as stipulated in this Decision.

1. The Ministry of Finance shall provide detailed guidance on the management and use of funds as stipulated in this Decision.

2. The unused portion of the funds managed and used according to Decision No. 46/2012/QĐ-TTg dated October 29, 2012 of the Prime Minister shall be converted into revenue for use for the purposes stipulated in this Decision.

3. The Ministry of Finance shall instruct units directly responsible for public debt management to organize the implementation and periodically evaluate the situation and inspect the implementation, ensuring transparency and use of funds for the purposes stipulated in this Decision.

4. The remaining funds after being used for the above contents shall be transferred to the following year for use in accordance with this Decision.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Ministry of Finance shall provide specific guidelines on the management and content of fund usage as prescribed in this Decision.

2. The unspent portion of the funds from the phase of implementing the management and use of fees pursuant to Decision No. 46/2012/QĐ-TTg dated October 29, 2012, of the Prime Minister shall be converted into revenue sources for use according to the purposes specified in this Decision.

3. The Ministry of Finance shall direct the unit directly responsible for public debt management to organize the implementation; periodically assess the situation and inspect the implementation to ensure transparency and proper use of funds for the purposes stipulated in this Decision.

4. In the third quarter of 2020, the Ministry of Finance shall organize the summary and evaluation of the results of the management and use of funds at units directly responsible for public debt management work, on this basis coordinate with relevant agencies to submit to the Prime Minister for consideration and decision on the mechanism for managing and using fees for refinancing and the portion of guarantee fee for the subsequent phase.

Article 6. Effectiveness

This Decision takes effect from March 25, 2016, replacing Decision No. 46/2012/QĐ-TTg dated October 29, 2012 of the Prime Minister on the management and use of fees for refinancing and the portion of guarantee fee at the Ministry of Finance during the period of 2012-2015 and shall be applied for budget years from 2016 to 2020. During the implementation period, in case the Public Debt Management Law and guiding documents change, the new regulations shall be followed.

The Minister of Finance, the Minister of Home Affairs, and the heads of relevant agencies are responsible for implementing this Decision./.