Decision No. 1039/1997/QÐ-BTC on the issuance of financial management regulations for sports associations and federations

DECISION- Office of the President of the State-CP DATED SEPTEMBER 13, 2002 OF THE GOVERNMENT AMENDING AND COMPLEMENTING THE DECREE

OF THE MINISTRY OF FINANCEPreambleDECREE NO. 1039/1997/NĐ-CP- Office of the President of the State- Lưu: VP, TCHQ. DATE DECEMBER 17, 1997AREGARDING THE ISSUANCE OF REGULATIONS ON MANAGEMENT FINANCE - Office of the President of the StateFOR ASSOCIATIONS, SPORTS ORGANIZATIONS - Office of the President of the StateWHOLE SPORTS ORGANIZATION

 

THE MINISTER OF FINANCE

 CamendWHEREAS, pursuant to the Law on Government Organization adopted by the National Assembly on September 30, 1992; đđượ đutedWHEREAS, pursuant to Decision No. 15/CP dated March 2, 1993 of the Government stipulating the tasks, powers, and responsibilities for management of the Ministry;

CamendWHEREAS, đWHEREAS, pursuant to Decision No. 178/CP dated October 28, 1994 of the Government stipulating the tasks, powers, and organization of the Ministry of Finance; đWHEREAS, pursuant to Circular No. 258-TTg dated June 14, 1957 detailing the implementation of Law No. 102-SL/L004 dated May 20, 1957 on the right to form associations;ướWHEREAS, pursuant to Directive No. 01-CT of the Chairman of the Council of Ministers (now Prime Minister) dated January 5, 1989 on the management of organizations and activities of mass associations;oArticle 1 of Decree No. 94/1998/NĐ-CP dated November 17, 1998 of the Government detailing the implementation of the Law Amending and Supplementing Certain Articles of the Law on Export Tax and Import Tax No. 04/1998/QH10 dated May 20, 1998;

CamendWHEREAS, đWHEREAS, in order to improve financial management đfor associations, sports organizations, thereby continuously developing the movement and enhancing sports achievements;

CamendWHEREAS, đAT THE PROPOSAL OF THE HEAD OF THE POLICY FINANCE DEPARTMENT; đDECIDES:

CamendARTICLE 1.- Office of the President of the StateTo issue with this Decision the "Regulations on Financial Management for Associations, Sports Organizations."ướThese Regulations apply to federations, associations, and the National Olympic Committee (hereinafter referred to as federations) established in accordance with Law No. 102-SL/L04 dated May 20, 1957 and whose charters have been recognized by the Organizational-Cadre Department of the Government, including central federations and systems at various levels in localities and sectors nationwide. đARTICLE 2.

establish branches, representative offices, commercial banks must submit to the State Bank (Department of Banks and Non-Bank Financial Institutions) one set of documents, including:4. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, the People's Committee of Haiphong City, the People's Committee of Can Tho City, the People's Committee of Nghe An Province, the People's Committee of Thanh Hoa Province, and the Heads of related units are responsible for implementing this Decision.amendState Capital Investment and Business Corporation.1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.administrative work on financial management đARTICLE 3. đThe Head of the Policy Finance Department and the Heads of units under the Ministry of Finance within their respective functions and authorities shall be responsible for organizing the implementation, guiding, and supervising the enforcement of this Decision.ướThe Executive Committees of federations shall be responsible for implementing this Decision.

CONSIDERING đREGARDING FEDERATIONS,ưởASSOCIATIONS,

ON - Office of the President of the StateSPORTS

- Office of the President of the State(Issued with Decision No. 1039/1997/Q

dated December 17, 1997 of the

- Office of the President of the StateMINISTER OF FINANCE This Decision shall take effect fifteen days from the date of signature.

 - Office of the President of the StatePART I GENERAL PROVISIONS

These Regulations apply to federations, sports associations (hereinafter referred to as federations) established in accordance with Law No. 102-SL/L04 dated May 20, 1957 and whose charters have been recognized by the Organizational-Cadre Department of the Government, including central federations and systems at various levels in localities and sectors nationwide.

 

REGULATIONS
FINANCIAL MANAGEMENT - Office of the President of the StateFederations must ensure their own funding for their activities and protect the legitimate rights of their members. All revenues and expenditures of federations must comply with plans approved by the Sports and Physical Culture Committee. - Office of the President of the StateIf federations engage in production and business operations, they must organize separate accounting and fulfill obligations to the state budget as required of other production and business units.
PART II
MANAGEMENT AND USE OF ASSETS OF FEDERATIONS đARTICLE 4.- Office of the President of the State- Lưu: VP, TCHQ.
Assets of federations include all assets in physical form and value formed from contributions of members; assets received as gifts and donations, and other assets formed from sources consistent with the provisions of law.amendARTICLE 5.ưởAssets of federations may only be used to achieve the objectives and tasks set forth in the federation's charter.

CHARTICLE 6.Annually, federations must conduct an assessment of asset values and determine the depreciation value of assets according to current regulations.
ARTICLE 7. - Office of the President of the StateAsset losses of federations are losses or damage reducing the value of federation assets caused by subjective or objective reasons.

- Office of the President of the State(Issued with Decision When asset losses occur, federations must identify the cause of the loss and develop a plan to address the loss. For cases where asset losses are caused by subjective reasons, federations must determine responsibility and the extent of damage for each case and compel the responsible party to compensate for damages in accordance with the law.

- Office of the President of the StateMINISTER OF FINANCE ARTICLE 8.

- Office of the President of the StatePART I Federations have the right to independently liquidate or sell assets owned by federations to enhance the effectiveness of their operations:

CHARTICLE 6.1. The Federation Congress decides to liquidate or sell immovable assets of the federation after obtaining approval from the Sports and Physical Culture Committee.
2. The Federation Executive Committee decides to liquidate or sell assets of the federation (except those specified in Point 1 of this Article). For assets valued at 50 million dong or more that the federation wishes to liquidate or sell, approval from the Sports and Physical Culture Committee is required. - Office of the President of the StateWHOLE SPORTS ORGANIZATION

- Office of the President of the State3. When selling assets, a new valuation must be conducted and a public auction organized in accordance with the law. The difference between the proceeds from selling the asset and its remaining value and the costs of selling the asset shall be recorded as revenue of the federation (if income exceeds expenses) or as expenditure (if income is less than expenses). 4. When liquidating obsolete, deteriorated, or technologically outdated assets that cannot be used; damaged assets that cannot be restored, the federation must establish a liquidation committee. In the case of selling liquidated assets, a public auction must be organized in accordance with the law. The difference between the proceeds from liquidating the asset and its remaining value and the costs of liquidating the asset shall be recorded as revenue of the federation (if income exceeds expenses) or as expenditure (if income is less than expenses).

- Office of the President of the StatePART III REVENUES AND EXPENSES OF FEDERATIONS

- Office of the President of the StateARTICLE 9. Revenues of federations include:

- Office of the President of the State1. Mandatory fees paid by members in accordance with the federation's charter (membership fees, contributions from grassroots organizations);2. Administrative and professional fees such as athlete registration fees, coach registration fees, competition registration fees;

3. Donations from domestic and foreign organizations and individuals;

- Office of the President of the State4. Sponsorship funds (direct or through intermediaries) from domestic and foreign organizations and individuals;5. Gifts and donations from domestic and foreign organizations and individuals;

6. Assistance from international individuals and organizations;

7. Funding from the state budget (if applicable);

8. Proceeds from the liquidation and sale of federation assets;

9. Proceeds from economic activities of federations after fulfilling obligations to the state budget in accordance with the law, such as:

CHARTICLE 6.+ Production and business operations;
+ Advertising activities (including sponsorships through advertising); - Office of the President of the StateWHOLE SPORTS ORGANIZATION

- Office of the President of the State+ Performances and competitions;+ Publishing books, newspapers, magazines, lottery tickets;

1. Compulsory membership fees of members in accordance with the Statutes of the Federation (membership fees, contributions from grassroots organizations);

2. Administrative and professional fees such as athlete registration fees; coach registration fees; competition registration fees;

3. Donations from organizations and individuals both within and outside the country;

4. Sponsorship funds (directly or through intermediaries) from organizations and individuals both within and outside the country;

5. Gifts from organizations and individuals both within and outside the country;

6. International aid from individuals and organizations;

7. Financial support from the state budget (if any);

8. Revenue from the liquidation and sale of Federation assets;

9. Revenue from economic activities of the Federation after fulfilling obligations to the State Budget as prescribed by law, including:

+ Business operations;

+ Advertising activities (including sponsorship through advertising);

+ Performances and competitions;

+ Publishing books, newspapers, magazines, lottery tickets;

+ Rental income from assets of the Federation;

+ Revenue from selling emblems, symbols, badges, etc., of the Federation;

+ Revenue from broadcasting rights for sports competitions;

10. Other revenues such as fines for cards, litigation costs, etc.;

- Office of the President of the StateArticle 10. Expenses of the Federation

The expenses of the Federation must ensure the principle of being purposeful, economical, and effective to continuously develop the movement and improve sports achievements, and be consistent with the expenditure standards approved by the Federation Congress.

Specific expenses include:

1. Fulfilling obligations to the State Budget according to current regulations;

2. Expenses for the activities of the Office, Executive Board, Conferences, and Congresses of the Federation including: costs for purchasing machinery and office supplies, venue rental fees, reception and ceremonial expenses, travel allowances, salaries and wages for office staff (this expense is determined based on labor contracts signed between the Federation and employees), electricity, water, communication charges, etc.;

3. Training allowances for coaches, referees, and support for athletes participating in domestic and international competitions;

4. Expenses for publicity, journalism, publishing, and scientific information;

5. Support for specialized competitions as stipulated by the Federation Congress;

6. Awards, commendations, and incentives for young talents;

7. Construction, equipment, and repair of facilities and equipment;

8. Costs for economic activities;

9. Expenses for international relations activities;

10. Costs for mobilizing financial sponsors, including commissions for brokers;

11. Other reasonable expenses.

- Office of the President of the StateArticle 11. For foreign organizations and individuals' grants, the Federation must fulfill commitments made to donors and comply with the current financial regulations of the State regarding received grants.

Management, collection, and disbursement of budgetary support (if any) must strictly adhere to the provisions of the State Budget Law and other current State regulations.

- Office of the President of the StateArticle 12. The Federation has the responsibility to accept, manage, and effectively utilize financial support from organizations and individuals both domestically and internationally.

Each year, the Executive Board of the Federation must prepare plans for receiving, managing, and utilizing financial support to report to the Sports and Physical Culture Committee. Before signing sponsorship contracts, the Executive Board must report to the Sports and Physical Culture Committee for monitoring. All expenses related to mobilizing financial support must have valid documentation and be closely monitored according to established accounting and statistical systems. After deducting legitimate expenses (including commissions if applicable), the support funds can only be used for the development of the movement and improvement of sports achievements of the Federation.

CHARTICLE 6.PART IV
REGULATION - Office of the President of the StateACCOUNTING, STATISTICS, AUDIT

- Office of the President of the StateArticle 13. The Federation must organize and implement accounting and statistical work in accordance with current State regulations:

+ Recording all original vouchers;

+ Updating accounting books, reflecting comprehensively, truthfully, accurately, and objectively.

- Office of the President of the StateArticle 14. At the end of the fiscal year, the Federation must:

+ Prepare complete financial reports within the prescribed deadlines (including separate settlement of the receipt and use of sponsorship funds), and engage independent auditors if necessary.

+ The Executive Board of the Federation must be responsible for the accuracy and truthfulness of the financial reports.

+ Publicly disclose the financial situation of the Federation.

+ Submit complete and timely financial reports of the Federation to the Sports and Physical Culture Committee, Ministry of Finance, and relevant authorities.

The Federation's fiscal year begins on January 1 and ends on December 31 of each calendar year.

 

CHARTICLE 6.PART V

RESPONSIBILITIES OF - Office of the President of the StateTHE CONGRESS OF THE - Office of the President of the StateFEDERATION, EXECUTIVE BOARD OF THE - Office of the President of the StateFEDERATION AND OTHERBODIES STATE MANAGEMENT AUTHORITIESPreambleNumber: 07/2005/CT-NHNN
IN THE MANAGEMENT OF THE FEDERATION'S FINANCES - Office of the President of the StateWHOLE SPORTS ORGANIZATION

 

- Office of the President of the StateArticle 15. The Federation Congress is the highest leadership body of the Federation, with the following responsibilities:

1. Approving the budget estimates and final accounts of the Federation;

2. Approving the principles, systems, and expenditure standards of the Federation;

3. Reviewing and deciding major economic and financial issues of the Federation;

4. Deciding on the liquidation or sale of immovable properties owned by the Federation after obtaining written consent from the Sports and Physical Culture Committee. Deciding on the handling of capital losses and property losses of the Federation;

5. Establishing and formulating the operational rules of the Inspection Board to conduct inspections and supervision of the management and use of Federation assets;

6. Deciding on the establishment or dissolution of Federation enterprises in accordance with the law.

- Office of the President of the StateArticle 16. The Executive Board of the Federation is the highest leadership body between two Congress terms, with the following responsibilities:

1. Formulating principles, systems, and expenditure standards to be submitted to the Federation Congress for approval;

2. Organizing the implementation of the budget estimates approved by the Federation Congress;

3. Approving budgets for programs;

4. Being accountable to the Federation Congress for all decisions related to the Federation's finances;

5. Deciding on the liquidation or sale of Federation assets in accordance with Point 2, Article 8 of this Charter;

6. Organizing the exploitation of all financial resources to serve the development of national sports;

7. Annually being responsible for publicly disclosing all economic and financial activities of the Federation;

8. Preparing overall budget estimates and final accounts to be submitted to the Federation Congress for approval and reported to the Sports and Physical Culture Committee for endorsement;

9. Preparing annual budget estimates and final accounts to be reported to the Sports and Physical Culture Committee for monitoring and supervision;

10. Annually preparing plans for receiving, managing, and using financial support and reporting to the Sports and Physical Culture Committee;

11. Reporting to the Sports and Physical Culture Committee for monitoring and supervision when signing sponsorship contracts;

12. Based on signed contracts with sponsors for competitions and agreements with members, deciding on the distribution plan for sponsorships to appropriately remunerate participating athletes.

- Office of the President of the StateArticle 17.The Economic-Financial Board of the Federation is an organ established by the Federation's Executive Committee to assist the Executive Committee in performing the following tasks:

1. Developing economic-financial plans and annual budget estimates and overall budget estimates;

2. Implementing approved economic-financial plans;

3. Formulating schemes for mobilizing and distributing financial support for competitions;

4. Organizing the implementation of financial management and accounting-statistical work in accordance with the provisions of the law.

- Office of the President of the StateArticle 18.The Federation's Audit Board has the responsibility to:

1. Inspect and supervise all financial activities of the Federation;

2. The operations of the Audit Board must ensure objectivity, honesty, strict compliance with the law, state policies, and operational regulations set forth by the Federation Congress.

- Office of the President of the StateArticle 19.Responsibilities of the Physical Education-Sports Commission in managing the finances of Federations.

1. Providing guidance, monitoring, assisting, and inspecting Federations in managing and using assets in accordance with the provisions of the law.

2. Approving the plans and overall budget estimates of Federations;

3. Inspecting and supervising the implementation of annual budget plans and overall budget estimates;

4. Supervising the implementation of sponsorship contracts.

- Office of the President of the StateArticle 20.Sports Federations and relevant authorities are responsible for implementing this Charter. During the implementation process, if there are any difficulties, they should report to the Ministry of Finance for research and amendment.