Circular No. 111/2008/TT-BTC Regarding the amendment and supplementation of Circular No. 82/2007/TT-BTC dated July 12, 2007, of the Ministry of Finance guiding the financial management regime of the state for无偿外国援助资金的国家财政管理制度

 CIRCULAR

Regarding the amendment and supplementation of Circular No. 82/2007/TT-BTC July 12, 2007, issued by

the Ministry of Finance guiding the financial management regime for non-repayable foreign aid

from sources of state budget revenue

Decree No. Decision No. 60/2003/NĐ-CP June 6, 2003, the Government issued Detailed Regulations and Guidance on Implementation of the State Budget Law

Decree No. 131/2006/NĐ-CP November 9, 2006, the Government issued the Management and Usage Regulation for Official Development Assistance (ODA)

Decree No. 77/2003/NĐ-CP July 1, 2003, the Government stipulated the functions, tasks, authorities, and organizational structure of the Ministry of Finance

The Ministry of Finance guides the amendment and supplementation of Circular No. 82/2007/TT-BTC dated July 12, 2007, issued by the Ministry of Finance guiding the financial management regime for non-repayable foreign aid from sources of state budget revenue as follows:

1. Supplementing Part III - Implementation Organization of Circular No. 82/2007/TT-BTC dated July 12, 2007, issued by the Ministry of Finance guiding the financial management regime for non-repayable foreign aid from sources of state budget revenue with the following content:

"For amounts of aid from state budget revenue arising in 2007, implement according to the provisions of Circular No. 70/2001/TT-BTC dated August 24, 2001, issued by the Ministry of Finance"

2. This Circular takes effect fifteen days after its publication in the Official Gazette.

FOREIGN FINANCE DEPARTMENT

Hanoi, September 15, 2008

General Department of Land Management

Re: Draft Circular Supplementing Circular No. 82/2007/TT-BTC July 12, 2007, Ministry of Finance guiding the financial management regime for non-repayable foreign aid from sources of state budget revenue

Implementing the directive of the leadership at the meeting on September 4, 2008, the Foreign Finance Department has drafted a supplementary circular to Circular No. 82/2007/TT-BTC dated July 12, 2007. After soliciting opinions from the State Budget Department, the Public Finance Management and Supervision Department, and the Treasury, the Foreign Finance Department has completed the draft circular and hereby reports the comments from these units as follows:

1. The State Budget Department commented that for aid received but not yet controlled, the Treasury continues to perform post-control to increase state budget revenue in 2007 and only performs control up to October 2008.

2. The Treasury commented that it will only perform post-control for aid received in 2007 after Circular 82 comes into effect.

Regarding the opinion of the Treasury, the Foreign Finance Department commented as follows: According to the provisions of Circular No. 70/2004/TT-BTC, the Ministry of Finance records income and expenditure based on the Aid Confirmation Certificate submitted by the units declaring the amount temporarily funded by the donor and the finance authority does not perform pre-control. When Circular No. 70/2004/TT-BTC expires, the Foreign Finance Department has recorded state budget revenue and expenditure for aid declared by the units according to the provisions of Circular No. 70. In reality, there have been cases where some aid amounts received by units were not confirmed for recording state budget revenue and expenditure as required. Therefore, the Foreign Finance Department proposes to supplement guidance for aid received before Circular 82 comes into effect, which should be confirmed and recorded according to the provisions of Circular No. 70/2004/TT-BTC.

3. The Public Finance Management and Supervision Department disagrees with the draft content because they believe the Treasury does not have the function of post-control (?). The representative of the Public Finance Management and Supervision Department (Mr. Hong, Director) attended the meeting chaired by the leadership, however, the written comment (signed by Mr. Thuc) differs from the directive of the Ministry at the meeting. The Foreign Finance Department has sent a letter to the Public Finance Management and Supervision Department requesting further comments. As of now (September 15, 2008), no comments have been received.

Based on the opinions of the Departments, the Foreign Finance Department has drafted a supplementary circular to Circular No. 82/2007/TT-BTC to submit to the Ministry for consideration and decision./.

FOREIGN FINANCE DEPARTMENT

September 22, 2008

Respectfully submitted to:LEGAL DEPARTMENT

Re: Draft Circular Supplementing Circular No. 82/2007/TT-BTC July 12, 2007, Ministry of Finance guiding the financial management regime for non-repayable foreign aid from sources of state budget revenue

Implementing the directive of the leadership at the meeting on September 4, 2008, the Foreign Finance Department has drafted a supplementary circular to Circular No. 82/2007/TT-BTC dated July 12, 2007. After soliciting opinions from the State Budget Department, the Public Finance Management and Supervision Department, and the Treasury, the Foreign Finance Department has completed the draft circular. The Foreign Finance Department hereby submits the draft circular for amendment, comments from the Departments, and the draft submission to the Ministry for decision, requesting the Legal Department to provide comments by September 24, 2008 so that the Foreign Finance Department can submit to the Ministry for decision./.

FOREIGN FINANCE DEPARTMENT

 Hanoi, October 20, 2008

General Department of Land Management

Re: Draft Circular Supplementing Circular No. 82/2007/TT-BTC July 12, 2007, Ministry of Finance guiding the financial management regime for non-repayable foreign aid from sources of state budget revenue

Following the submission to the Ministry by the Foreign Finance Department on October 11, 2008, and after receiving comments from the Public Finance Management and Supervision Department on October 20, 2008, the Foreign Finance Department has finalized the draft supplementary circular to Circular No. 82/2007/TT-BTC dated July 12, 2007.

Submitting to the Ministry for consideration and decision./.