Circular No. 07/2020/TT-NHNN on investment and procurement of goods to serve printing and minting activities of the State Bank of Vietnam

CIRCULAR

    Regulations on investment and procurement of goods for the activities of printing and minting currency by the State Bank of Vietnam

              

                                                                      

Pursuant to the Law on the State Bank of Vietnam dated June 16, 2010;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law Management and use of state capital invested in production and business at enterprises November 26, 2014;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to Decree No. 40/2012/NĐ-CP dated May 2, 2012 of the Government on money issuance operations; storage and transportation of valuable assets and securities within the State Bank of Vietnam system, credit institutions, and foreign bank branches;

Pursuant to Decree No. 91/2015/NĐ-CP dated October 13, 2015 of the Government on state capital investment in enterprises and management and use of capital and assets at enterprises; Decree No. 32/2018/NĐ-CP dated March 8, 2018 of the Government amending and supplementing certain articles of Decree No. 91/2015/NĐ-CP dated October 13, 2015 of the Government on state capital investment in enterprises and management and use of capital and assets at enterprises;

Pursuant to Decree No. 16/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 10/2019/NĐ-CP dated January 30, 2019 of the Government on the exercise of rights and responsibilities of state-owned enterprise representatives;

Pursuant to Decree No. 40/2020/NĐ-CP dated April 6, 2020 of the Government detailing implementation of certain provisions of the Public Investment Law;

At the proposal of the Director of the Currency Issuance and Treasury Department;

The Governor of the State Bank of Vietnam issues this Circular regulating investment and procurement of goods for the activities of printing and minting currency by the State Bank of Vietnam.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates investment and procurement of goods for the activities of printing and minting currency by the State Bank of Vietnam (hereinafter referred to as the State Bank), including:

1. Raw materials and supplies specified in Section I of the List issued together with Circular No. 01/2017/TT-NHNN dated February 7, 2017 of the Governor of the State Bank of Vietnam promulgating the List of machinery, equipment, raw materials, supplies, spare parts, components, and accessories for import to serve the activities of printing and minting currency by the State Bank of Vietnam; other types of raw materials and supplies decided by the Governor of the State Bank.

2. Machinery, equipment, spare parts, components, and accessories specified in Section II of the List issued together with Circular No. 01/2017/TT-NHNN dated February 7, 2017 of the Governor of the State Bank of Vietnam promulgating the List of machinery, equipment, raw materials, supplies, spare parts, components, and accessories for import to serve the activities of printing and minting currency by the State Bank of Vietnam; other types of machinery, equipment, spare parts, components, and accessories decided by the Governor of the State Bank.

₃Technical solutions; printing and minting technologies; industrial property rights, intellectual property rights.

Article 2. Applicability

1. Printing and minting facilities where the State Bank is the representative owner. Other printing and minting facilities not subject to this Circular shall comply with the provisions of the law and contracts with the State Bank.

2. Units implementing investment and procurement of goods are units established or assigned tasks to implement investment and procurement of goods as stipulated in Article 1 of this Circular by the Governor of the State Bank.

3. The State Bank; agencies, organizations, and individuals related to investment and procurement of goods for the activities of printing and minting currency by the State Bank.

Article 3. Information Confidentiality

State secrets information in the banking sector related to the implementation of investment and procurement activities for printing and minting operations must be kept confidential in accordance with the laws on protecting state secrets.

Chapter II

SPECIFIC PROVISIONS

Article 4. Authority to decide on investment and procurement of goods as stipulated in Clause 2 and Clause 3 of Article 1 of this Circular

1. Delegation of authority for investment and procurement of goods by printing and minting facilities

a) Governor of the State Bank of Vietnam

(i) Decides on investment projects and procurement of goods with a value exceeding 50% of the owner's equity recorded in the quarterly or annual financial report of the printing and minting facility at the time closest to the decision-making time for the project and group A projects as defined by the Public Investment Law.

(ii) Approves the investment direction and procurement of goods and delegates authority to the printing and minting facility to carry out investment procedures, assess investment projects, and make investment decisions for projects with values specified in the Charter of Organization and Operation of the printing and minting facility and other guiding documents of the State Bank of Vietnam but not exceeding 50% of the owner's equity recorded in the quarterly or annual financial report of the printing and minting facility at the time closest to the decision-making time for the project, while also not exceeding the capital limit of group B projects as defined by the Public Investment Law.

b) Printing and minting facilities

Decide on investment and carry out investment procedures or decide on investment directions and organize implementation according to the Charter of Organization and Operation of the printing and minting facility and other guiding documents of the State Bank of Vietnam.

The delegation of authority to decide on investment and procurement projects within printing and minting facilities shall be carried out in accordance with the provisions of the law and guiding documents of the State Bank of Vietnam.

2. Delegation of authority for investment and procurement of goods by units implementing investment and procurement of goods

a) Governor of the State Bank of Vietnam

(i) Approve investment procedures and procurement of goods based on investment directions and investment decisions approved by the Prime Minister when the funding source for investment and procurement of goods is official development assistance (ODA) and preferential loans from foreign sponsors.

(ii) Decide on group A investment projects under the Public Investment Law based on investment directions approved by the Prime Minister when the funding source for investment and procurement of goods is state budget funds.

(iii) Decide on investment or approve investment directions and delegate authority to the unit implementing investment and procurement of goods to decide on investment and procurement of goods for projects with values specified in guiding documents of the State Bank of Vietnam but not exceeding the capital limit of group B projects as defined by the Public Investment Law.

b) Units implementing investment and procurement of goods

Decide on investment and carry out investment procedures or decide on approval of investment projects and organize implementation according to guiding documents of the State Bank of Vietnam.

Article 5. Procedures, formalities, and principles for implementing investment and procurement of goods

1. Printing and minting facilities and units implementing investment and procurement of goods must carry out investment and procurement procedures for printing and minting operations in accordance with the legal regulations on investment management, bidding, and other relevant legal provisions; and comply with the delegation of investment authority as stipulated in this Circular.

2. Investment and procurement of goods for printing and minting operations must be implemented based on ensuring compliance with national standards and technical norms set by the government and the State Bank of Vietnam; ensuring transparency, economy, efficiency, and meeting the requirements of the State Bank of Vietnam's printing and minting tasks.

Article 6. Organizations purchasing goods as stipulated in Clause 1, Article 1 of this Circular

1. Based on the denomination structure, quantity of various types of money to be printed or minted, economic and technical printing standards approved by the Governor of the State Bank of Vietnam, and the inventory of raw materials and supplies, the printing and minting facility shall establish and organize the implementation of procurement plans in accordance with the legal provisions on bidding and other relevant legal regulations; simultaneously, report to the State Bank of Vietnam (Currency Issuance and Treasury Department) for inspection and monitoring. In cases requiring adjustment, the State Bank of Vietnam (Currency Issuance and Treasury Department) will issue a notification to the printing and minting facility to make appropriate adjustments.

2. In cases where goods are purchased outside the procurement plan specified in Clause 1 of this Article for the purpose of conducting trial printing or minting to study and apply modern science and technology in the field of printing and minting, and other purposes related to printing and minting activities, the printing and minting facility shall submit to the Governor of the State Bank of Vietnam (through the Currency Issuance and Treasury Department) for consideration and approval.

Article 7. Organizations purchasing goods as stipulated in Clauses 2 and 3 of Article 1 of this Circular

Based on investment policies, investment decisions, or procurement plans approved by competent authorities, the printing and minting facility, and units implementing investments and procurement of goods shall organize the procurement of goods in accordance with legal provisions on bidding and other relevant legal regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 8. Responsibilities of the Financial and Accounting Department

1. Serve as the focal point for reviewing and submitting to the Governor of the State Bank of Vietnam for approval of investment policies and investment decisions for projects serving printing and minting activities within the authority of the Governor of the State Bank of Vietnam as prescribed in Article 4 of this Circular.

2. When necessary, the Financial and Accounting Department shall submit to the Governor of the State Bank of Vietnam for assignment of relevant units under the State Bank of Vietnam to participate in the review process or invite specialized agencies of other Ministries and sectors to participate in the review of projects.

Article 9. Responsibilities of the Currency Issuance and Treasury Department

1. Coordinate with the Financial and Accounting Department during the review process of investment and procurement projects serving printing and minting activities within the authority of the Governor of the State Bank of Vietnam as prescribed in Article 4 of this Circular, ensuring compliance with the quality requirements for printing and minting set by the State Bank of Vietnam.

2. Serve as the focal point for submitting to the Governor of the State Bank of Vietnam for approval of the purchase of goods as stipulated in Clause 2 of Article 6 of this Circular. When necessary, the Currency Issuance and Treasury Department shall coordinate with relevant units under the State Bank of Vietnam to seek opinions on the proposed purchase of goods by the printing and minting facility before submitting to the Governor of the State Bank of Vietnam for consideration and approval.

Based on the approval of the Governor of the State Bank of Vietnam, the Currency Issuance and Treasury Department shall issue a notification to the printing and minting facility to implement it.

3. Upon authorization from the Governor of the State Bank of Vietnam, the Director of the Currency Issuance and Treasury Department shall issue a confirmation document regarding the importation of goods by the printing and minting facility for the State Bank of Vietnam's printing and minting activities according to the sales contract or other forms of documentation between the printing and minting facility and the supplier.

4. Monitor and oversee the implementation of procurement plans serving printing and minting activities at printing and minting facilities.

5. Monitor the implementation of procurement plans serving printing and minting activities at units implementing investments and procurement of goods.

6. When necessary, submit to the Governor of the State Bank of Vietnam for organizing the verification of technical parameters of raw materials and supplies for printing and minting at printing and minting facilities.

Article 10. Responsibilities of the Internal Audit Department

Advise and assist the Governor of the State Bank of Vietnam in supervising and inspecting printing and minting facilities; units implementing investment and procurement activities; and other units under the State Bank related to investment and procurement activities serving printing and minting operations in accordance with relevant laws.

Article 11. Responsibilities of Units Implementing Investment and Procurement Activities

1. Organize the implementation of projects for investment and procurement of goods serving printing and minting operations in accordance with this Circular and other relevant legal provisions.

2. Bear responsibility before the Governor of the State Bank of Vietnam for the results of investment and procurement activities for goods serving printing and minting operations; the quality of invested and procured goods to ensure the quality and technical standards of each type of currency approved by the Governor of the State Bank of Vietnam.

3. Enter into contracts with suppliers providing goods for printing and minting operations.

4. Annually (no later than January 18 of the following year), submit a written report directly or through postal services to the State Bank of Vietnam (Currency Issuance and Treasury Department, Financial and Accounting Department) on the implementation of procurement plans for goods serving printing and minting operations as stipulated in Article 1 of this Circular according to Model No. 02 attached to this Circular. The reporting period ends on December 14 of the reporting year and begins on December 15 of the previous year.

Article 12. Responsibilities of Printing and Minting Facilities

1. Implement in accordance with Article 11 of this Circular.

2. Submit to the State Bank of Vietnam (Currency Issuance and Treasury Department) contracts for purchasing goods as stipulated in Clause 1 of Article 1 of this Circular.

3. Report to the State Bank of Vietnam (Currency Issuance and Treasury Department) for review and issue a notification regarding the acceptance of goods when such goods are provided, gifted, or sponsored free of charge by partners for the purpose of conducting trial printing and minting to study and apply modern science and technology in the field of printing and minting, to compensate for defective goods according to the Goods Purchase Contract and other purposes related to printing and minting activities. Based on the notification from the State Bank of Vietnam (Currency Issuance and Treasury Department), the printing and minting facility will implement accordingly.

4. Quarterly (no later than the 18th day of the first month of the next quarter), the printing and minting facility shall submit a written report directly or through postal services to the State Bank of Vietnam (Currency Issuance and Treasury Department) on the situation of procurement and use of purchased goods as stipulated in Clause 1 of Article 1 of this Circular according to Model No. 01 attached to this Circular. The reporting period ends on the last day of the quarter and begins on the 15th day of the month preceding the reporting quarter.

Article 13. Transitional Provisions

1. For investment projects and procurement plans approved by competent authorities before the effective date of this Circular, continue to implement in accordance with relevant laws and Decision No. 1145/2005/QĐ-NHNN dated August 4, 2005 of the Governor of the State Bank of Vietnam on the Implementation Regulations for Investment in Equipment and Goods for Printing and Minting Operations of the State Bank.

2. During implementation, if legal normative documents cited for application in this Circular are amended, supplemented, or replaced, the cited contents will be applied according to the new effective documents.

Article 14. Effective Date

1. This Circular takes effect from August 14, 2020.

2. This Circular replaces Decision No. 1145/2005/QĐ-NHNN dated August 4, 2005 of the Governor of the State Bank of Vietnam on the Implementation Regulations for Investment in Equipment and Goods for Printing and Minting Operations of the State Bank.

Article 15. Implementation Organization

The Head of the Office of the State Bank of Vietnam, the Director of the Currency Issuance and Treasury Department, the Heads of relevant units under the State Bank, the Chairman of the Board of Members, the General Directors of printing and minting facilities, and related agencies, organizations, and individuals are responsible for organizing the implementation of this Circular.