Decision No. 1145/2005/QD-NHNN Issuing the Regulation on Implementation of Investment in Purchasing Equipment and Goods for Printing and Minting Money of the State Bank

DECISION OF THE GOVERNOR OF THE STATE BANK OF VIETNAM

Issuing the Regulation on Implementation of Investment in Purchasing Equipment and Goods for Printing and Minting Money of the State Bank

serve as molds for casting money of the State Bank

GOVERNOR OF THE STATE BANK OF VIETNAM

Pursuant to the Law on the State Bank of Vietnam 1997; the Law Amending and Supplementing Certain Provisions of the Law on the State Bank of Vietnam 2003;

Pursuant to the Law on Enactment of Normative Legal Documents 1996; the Law Amending and Supplementing Certain Provisions of the Law on Enactment of Normative Legal Documents 2002;

Pursuant to Decree No. 52/2003/ND-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the State Bank;

Pursuant to the Government Decree No. 81/1998/NĐ-CP dated October 1, 1998 on printing, minting, storing, transporting, and destroying paper and metallic money; storing and transporting precious assets and valuable papers within the banking system;

At the proposal of the Director of the Issuance and Treasury Department,

DECISION:

Article 1. This Decision promulgates the "Regulation on Implementation of Investment in Purchasing Equipment and Goods for Printing and Minting Money of the State Bank" attached hereto.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. The Decision No. 580/2002/QĐ-NHNN dated June 10, 2002 of the Governor of the State Bank on the issuance of the Regulation on Implementation of Investment and Procurement of Equipment, Materials, Raw Materials, Auxiliary Materials, and Technical Solutions for the Process of Printing and Minting Money of the State Bank, and the Decision No. 421/2003/QĐ-NHNN dated May 5, 2003 of the Governor of the State Bank on amending the Regulation on Implementation of Investment and Procurement of Equipment, Materials, Raw Materials, Auxiliary Materials, and Technical Solutions for the Process of Printing and Minting Money of the State Bank attached to Decision No. 580/2002/QĐ-NHNN shall cease to be effective.

Article 3. The Heads of the Office, the Director of the Currency Issuance and Treasury Department, the heads of units related to the State Bank, and the Directors of printing and minting enterprises shall be responsible for implementing this Decision.

REGULATIONS

Implement investment in purchasing equipment and goods for printing,

minting money of the State Bank

(Attached to Decision No. 1145/2005/QĐ-NHNN dated August 4, 2005

of the Governor of the State Bank of Vietnam)

PART I

GENERAL PROVISIONS

Article 1. Scope and regulated subjects

This Regulation governs activities:

1. Investment in purchasing equipment for printing and minting money, including: color printing equipment, intaglio printing equipment, numbering printing equipment, overprint printing equipment, minting equipment, plate-making equipment for money, and quality control equipment for newly printed and minted money.

2. Purchase of goods for printing and minting money, including:

a) Various types of materials and raw materials such as banknote paper, ink for banknotes, anti-counterfeiting foils, metal blanks for minting, and other materials and raw materials decided by the Governor of the State Bank when necessary.

b) Various types of molds and printing plates for printing and minting money.

c) Plate-making technology, printing technology, and minting technology.

Article 2. Confidentiality of Information

Information belonging to the list of state secrets in the banking sector related to the implementation of projects for investment in purchasing equipment and goods for printing and minting money must be kept confidential according to the provisions of the law on protecting state secrets.

Chapter II

SPECIFIC PROVISIONS

Article 3. Authority to Decide on Investment in Purchasing Equipment for Printing and Minting Money

1. For projects investing in purchasing equipment for printing and minting money using state budget funds or projects with values exceeding the investment decision-making authority of state-owned enterprises as stipulated in the Government Decree No. 199/2004/NĐ-CP dated December 3, 2004 on Financial Management Regulations of State-Owned Companies and State Capital Management in Other Enterprises:

a) Printing and minting enterprises prepare investment reports and cost estimates in accordance with state regulations on investment management, and submit them to the Governor of the State Bank.

b) The Governor of the State Bank decides on investments in group A projects included in approved industry development plans or projects with investment decisions made in writing by competent authorities, after obtaining permission from the Prime Minister.

c) The Governor of the State Bank decides on investment proposals and authorizes the directors of printing and minting enterprises to decide on investments in group B and C projects.

2. For projects investing using credit guaranteed by the state, state development credit funds, enterprise development capital, and other sources of capital:

a) Printing and minting enterprises prepare investment reports and cost estimates in accordance with state regulations on investment management, and submit them for approval by competent authorities.

b) Group A, B, and C projects invested by enterprises are self-assessed and self-decided by enterprises in accordance with regulations and bear responsibility under the law; these projects must align with approved industry development plans; group A projects must obtain investment permission from the Prime Minister or the Prime Minister's authorization for the Governor of the State Bank to grant permission before making investment decisions.

c) In cases where the investment amount exceeds the investment decision-making authority of state-owned enterprises as stipulated in the Government Decree No. 199/2004/NĐ-CP dated December 3, 2004 on Financial Management Regulations of State-Owned Companies and State Capital Management in Other Enterprises, printing and minting enterprises submit to the Governor of the State Bank for investment decisions.

3. Based on investment proposals or investment decisions by competent authorities, printing and minting enterprises organize investment in purchasing printing and minting equipment in accordance with state regulations on investment management and bidding.

Article 4. Purchase of goods for new printing and minting projects not yet announced for circulation (referred to as new printing and minting projects)

1. The Council for Purchasing Goods for New Printing and Minting Projects Not Yet Announced for Circulation of the State Bank:

a) The State Bank establishes a Special Purchasing Goods Council for new printing and minting projects (referred to as the Special Purchasing Goods Council), chaired by the Director of the printing and minting enterprise assigned to undertake new printing and minting tasks; members of the Special Purchasing Goods Council include representatives from the Currency Issuance and Treasury Department, the printing and minting enterprise assigned to undertake new printing and minting tasks, and other relevant units as decided by the Governor of the State Bank depending on each project.

b) Depending on the nature and scale of new printing and minting projects, the Special Purchasing Goods Council proposes to the Governor of the State Bank to convene some officials from relevant units within the State Bank and printing and minting enterprises to assist the Council.

2. The Special Purchasing Goods Council submits to the Governor of the State Bank for approval:

a) Plan for purchasing goods for new printing and minting (quantity, type, technical specifications of materials and raw materials needed based on the plan for new printing and minting and the technical standards of currency of the State Bank).

b) Tender plan.

c) Tender results.

3. Based on the approval of the Governor of the State Bank, the Special Goods Procurement Council shall coordinate with the printing and minting enterprises to organize the purchase of goods for new printing and minting projects in accordance with the State's regulations on tender procurement of goods.

Article 5. Purchase of goods for printing and minting that have been announced for circulation

1. On the basis of the annual or long-term printing and minting plan and the technical standards of currency approved by the Governor of the State Bank, the printing and minting enterprises shall establish plans regarding quantity (including reserve quantities), types, and technical specifications of goods for printing and minting, to be submitted for approval by the Governor of the State Bank.

2. Based on the approved plan for purchasing goods for printing and minting by the Governor of the State Bank, the printing and minting enterprises shall organize the procurement in accordance with the State's regulations on tender procurement of goods.

Article 6. Responsibilities of related units

1. The Issuance and Treasury Department shall be responsible for:

a) Reviewing investment projects for purchasing printing and minting equipment of the printing and minting enterprises to submit to the Governor of the State Bank for approval of contents within the authority of the Governor of the State Bank as stipulated in Article 3 of this Regulation. In necessary cases, the Issuance and Treasury Department shall request the Governor of the State Bank to assign relevant Departments and Bureaus under the State Bank or invite specialized agencies of other Ministries and sectors to participate in reviewing the project.

b) Reviewing the plan for purchasing goods for printing and minting of the printing and minting enterprises as stipulated in Article 5 of this Regulation, to submit for approval by the Governor of the State Bank; notify the printing and minting enterprises in writing of the Governor of the State Bank's approval opinion.

c) Monitoring the implementation of the plan for purchasing goods for printing and minting at the printing and minting enterprises.

d) Requesting the Governor of the State Bank to authorize the printing and minting enterprises to receive imported shipments of equipment and goods for printing and minting.

e) In necessary cases, request the Governor of the State Bank to organize the inspection of technical parameters of printing and minting materials and raw materials at the printing and minting enterprises.

2. The Special Goods Procurement Council shall be responsible for:

a) Advising and being accountable to the Governor of the State Bank for organizing the purchase of goods to implement new printing and minting projects.

b) Based on the tender results approved by the Governor of the State Bank and the outcome of negotiations with the contractor, notify the printing and minting enterprises in writing to sign contracts for purchasing goods to implement new printing and minting projects as stipulated in Article 4 of this Regulation.

Responsibilities of the printing and minting enterprises:

a) Organize the implementation of investment projects for purchasing printing and minting equipment; purchase goods for printing and minting in accordance with this Regulation and the State's regulations on investment management, tender procurement, and financial management of state-owned companies; bear legal responsibility and accountability to the Governor of the State Bank for the results of purchasing equipment and goods for printing and minting.

b) Sign contracts for purchasing goods from suppliers providing goods for printing and minting and submit to the State Bank (Issuance and Treasury Department) the contracts for purchasing equipment and goods for printing and minting as stipulated in this Regulation.

c) Before January 10 each year, report to the State Bank on the implementation of the previous year's plan for purchasing equipment and goods for printing and minting.

Chapter III

IMPLEMENTING PROVISIONS

Article 7.

1. Investment projects for purchasing equipment, materials, and raw materials for printing and minting of the State Bank and the National Note Printing Works approved before the effective date of this Decision but not yet implemented or still ongoing shall be handed over to related units to continue implementing according to this Regulation without needing to re-submit for approval.

2. Amendments, supplements, and replacements to this Regulation shall be decided by the Governor of the State Bank./.