Circular No. 11/2017/TT-BTC on the management and use of local budget funds entrusted to the Vietnam Bank for Social Policies for lending to poor people and other policy beneficiaries.

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. for management and use of local budget funds entrusted through Social Policy Bank for lending to poor people and other policy beneficiaries                

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to the Government Decree Decision No. 78/2002/NĐ-CP October 4, 2002 of the Government on credit for poor people and other policy beneficiaries;

At the proposal of the Director of the Department of Administrative and Public Financial Affairs;

The Minister of Finance issues this Circular stipulating on management and use of local budget funds entrusted through Social Policy Bank for lending to poor people and other policy beneficiaries.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on management and use of local budget funds entrusted through the Vietnam Bank for Social Policies (hereinafter referred to as VBSP) for lending to poor people and other policy beneficiaries.

Article 2. Applicability

1. Provincial People's Committees (hereinafter referred to as Provincial People's Committee).

2. Other agencies, units, and individuals related to the management and use of local budget funds entrusted through VBSP for lending to poor people and other policy beneficiaries.

Article 3. Local budget funds entrusted through VBSP for lending to poor people and other policy beneficiaries

1. Remaining funds at the time of dissolution of the local employment resolution fund established according to the decision of the competent authority.

For the local risk reserve fund established according to the provisions of Circular No. 73/2008/TT-BTC dated August 1, 2008 of the Ministry of Finance guiding the establishment, management, and use of the local employment resolution fund and management fees of the National Employment Fund, it will continue to be managed by VBSP to handle risks according to the provisions of Clause 8, Article 5 of this Circular.

3. Interest income from lending to poor people and other policy beneficiaries collected annually shall be supplemented into the entrusted capital according to the provisions of Point a, Clause 7, Article 5 of this Circular.

Chapter II

REGULATIONS ON MANAGEMENT AND USE OF LOCAL BUDGET FUNDS ENTRUSTED THROUGH VBSP FOR LENDING TO POOR PEOPLE AND OTHER POLICY BENEFICIARIES

Article 4. Issuance of Regulations

Based on the provisions of Article 5 of this Circular, the Provincial People's Committee shall issue regulations on management and use of local budget funds entrusted through VBSP for lending to poor people and other policy beneficiaries.

Article 5. Content of Regulations

Regulations on management and use of local budget funds entrusted through VBSP for lending to poor people and other policy beneficiaries include the following main contents:

a) Provincial level: specialized agencies sign entrustment contracts with the Branch of VBSP at the provincial level (for provincial budget funds);

b) District level: specialized agencies sign entrustment contracts with the Branch Office of VBSP at the district level (for district budget funds).

2. Process of transferring local budget funds annually allocated to supplement lending capital for poor people and other policy beneficiaries; payment form by cash order; accounting for state budget expenditure according to the current State Budget Manual.

3. Borrowers: as stipulated in Article 2 of Decree No. 78/2002/NĐ-CP dated October 4, 2002 of the Government on credit for poor people and other policy beneficiaries (hereinafter referred to as Decree No. 78/2002/NĐ-CP) and other policy beneficiaries at the local level decided by the Provincial People's Council (if any).

4. Purpose of loan usage: as stipulated in Article 14 of Decree No. 78/2002/NĐ-CP and the actual situation and needs of loan usage of the locality to specify.

6. Extension of debt, transfer of overdue debt:

a) Regarding the authority to extend debt, it is examined and decided by VBSP at all levels according to the regulations of VBSP during each period;

b) Regarding the procedures, documents for requesting extension of debt, transfer of overdue debt, and extension period: implemented according to the regulations of VBSP during each period.

7. Management and use of interest income from loans:

- Establishing a general credit risk reserve fund according to the provisions of Decision No. 30/2015/QĐ-TTg dated July 31, 2015 of the Prime Minister on amending and supplementing some articles of the Financial Management Regulations for VBSP issued together with Decision No. 180/2002/QĐ-TTg dated December 19, 2002 of the Prime Minister and relevant guidance documents of the Ministry of Finance. In case at the time of establishing the credit risk reserve fund, the overdue debt ratio and the write-off debt ratio are lower than 0.75%, then the maximum credit risk reserve fund equals 0.75% calculated on the outstanding loan balance (excluding overdue debt and write-off debt);

- Extracting management fees for the Branch of VBSP at the provincial level and the Branch Office of VBSP at the district level based on the average outstanding loan balance. The minimum management fee is equal to the management fee assigned by the Prime Minister to VBSP during each period. If the interest income after extracting the general credit risk reserve fund is insufficient to cover the management fee for VBSP as prescribed, the local budget shall make up the shortfall for the entrusted VBSP;

- Extracting costs for directing, managing, summarizing, inspecting, supervising, rewarding the Board of Directors of VBSP at all levels, relevant departments, and units involved in lending activities using entrusted VBSP funds from the local budget. The maximum extraction rate does not exceed 15% of the interest income received. The Provincial People's Committee shall specify the share for related units;

- Any remaining amount (if any) shall be supplemented into the lending capital.

b) The content and level of expenditure for directing, managing, summarizing, inspecting, supervising, and rewarding as stipulated in point a of this clause shall be determined by the Chairman of the Provincial People's Committee according to the current financial expenditure regime applicable to administrative agencies and public service units, and certain specific contents and levels of expenditure suitable to the actual conditions of the locality.

 8. Handling of risky debts:

b) The authority to consider and handle risky debts shall be decided by the Chairman of the Provincial People's Committee (for provincial budget funds) and by the Chairman of the District People's Committee (for district budget funds);

c) The funds for handling risky debts shall be sourced from the Risk Reserve Fund established by VBSP for lending to poor people and other policy beneficiaries from local government budgets;

đ) In cases where the Risk Reserve Fund, after being used to handle large risky debts, exceeds the maximum balance of the Risk Reserve Fund, it shall be replenished into the entrusted capital for lending in accordance with the provisions.

a) For funds entrusted by the provincial budget through the VBSP Branch: Periodically every six months, annually, or upon urgent request, the VBSP Branch shall report the total entrusted funds and the results of lending from these funds to the Provincial People's Committee and the specialized agency responsible for signing the entrustment contract;

b) For funds entrusted by the district budget through the VBSP District Office: Periodically every six months, annually, or upon urgent request, the VBSP District Office shall report the total entrusted funds and the results of lending from these funds to the District People's Committee and the specialized agency responsible for signing the entrustment contract.

Chapter III

IMPLEMENTATION

Article 6. Effectiveness

1. This Circular takes effect from April 1, 2017.

2. Circular No. 73/2008/TT-BTC dated August 1, 2008, issued by the Ministry of Finance, guiding the establishment, management, and use of the Local Employment Resolution Fund and the National Employment Management Fund, shall cease to be effective in its entirety from the date this Circular takes effect.

Article 7. Implementation Organization

1. For localities that have already promulgated regulations on the management and use of local government budget entrusted capital through VBSP for lending to poor people and other policy beneficiaries, they shall continue to implement them and review the contents in accordance with this Circular to amend and supplement them appropriately.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced by other legal normative documents, the provisions of the amended, supplemented, or replacing documents shall apply.

3. Agencies and units specified in this Circular and related agencies and units shall be responsible for implementing this Circular.

4. During the implementation process, if there are difficulties, agencies and units are requested to reflect them to the Ministry of Finance for study, amendment, and supplementation to ensure appropriateness./.