Decision No. 131-TC/QD/VT promulgates the Auction Sale Regulation for cars imported from无偿援助日本的300亿日元财政年度1994-1995

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

OF THE MINISTRY OF FINANCEPreambleDECISION NO. 131 TC/Q VT OF THE MINISTRY OF FINANCE ON FEBRUARY 15, 1997 REGARDING THE ISSUANCE OF REGULATIONS ON THE SALE AND AUCTION OF MOTOR VEHICLES IMPORTED FROM JAPANESE GRANTS NOT TO BE REPAID AMOUNTING TO 3 BILLION YEN FOR THE 1994-1995 FISCAL YEAR- Office of the President of the StateDECREE NO. 131/TC-QD dated February 15, 1997 ISSUING THE REGULATIONS ON THE AUCTION SALE OF MOTOR VEHICLES IMPORTED FROM NON-REPAYABLE GRANTS OF 3 BILLION JAPANESE YEN FOR THE FISCAL YEAR 1994-1995AN ||| DECISION NO. 1997 ON THE ISSUANCE OF REGULATIONS ON AUCTIONING AND PRICING OF MOTOR VEHICLES IMPORTED FROM NON-REPAYABLE AID FUNDS OF 3 BILLION JAPANESE YEN FOR THE 1994-1995 FINANCIAL YEAR - Office of the President of the StateN |||
N |||
N |||

N |||AT THE MINISTRY OF FINANCE

N |||amendWHEREAS, đ* Pursuant to Decision No. 15-CP dated March 2, 1993 of the Government on the regulations of Ministries and Branches; 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;concerning the classification and determination of state management authority in the field of crop productionN ||| The Ministry's agreement with the Government Office on auctioning and pricing motor vehicles imported from non-repayable aid funds of 3 billion Japanese yen for the 1994-1995 financial year;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;

N |||amendWHEREAS, đ||| NO. 178/CP DATED OCTOBER 28, 1994 OF THE GOVERNMENT ON THE TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FINANCE;

N |||amend||| based on the directive of the Government at Official Letter No. 288/CP-QHQT dated March 17, 2003; đthe proposal of the Department of Tax Policy;concerning the classification and determination of state management authority in the field of crop production||| and Official Letter No. 720/VPCP-QHQT dated November 15, 2003 of the Office of the Government regarding the implementation of the Agreement amending the Textile and Clothing Trade Agreement with the European Union;amend* Pursuant to Resolution No. 5529/QHQT dated November 1, 1996 of the National Assembly;amendN |||ograms and* Pursuant to the proposal of the Office of the Government on the method of selling and auctioning motor vehicles imported from Japanese grants not to be repaid amounting to 3 billion yen;

N ||| Pursuant to Decision No. 131 TC/QD-VT dated February 15, 1997 of the Ministry of Finance. đ* Pursuant to the proposal of the Steering Committee for the sale and auction of motor vehicles imported from Japanese grants not to be repaid amounting to 3 billion yen; đN ||| đN ||| Auctioning and pricing of motor vehicles imported from non-repayable aid funds of 3 billion Japanese yen;

ON - Office of the President of the StateSPORTS

- Office of the President of the StateArticle 1: Attached herewith is the "Auction Rules for Cars Imported from Non-Repayable Aid Sources of 3 Billion Japanese Yen" issued pursuant to this Decision.

- Office of the President of the StateArticle 2: These Rules shall take effect from the date of signature. Members of the Council for Auctioning Cars Imported from the 3 Billion Japanese Yen source shall be responsible for implementing this decision.

REGULATIONS

shall strengthen guidance - Office of the President of the StateREGULATIONS ON THE SALE AND AUCTION OF MOTOR VEHICLES IMPORTED FROM JAPANESE GRANTS NOT TO BE REPAID AMOUNTING TO 3 BILLION YEN
(Attached to Decision No. 131 TC/Q VT dated February 15, 1997 of the Ministry of Finance)

N ||| đN |||- Office of the President of the StateN |||
namendN |||concerning the classification and determination of state management authority in the field of crop productionN |||

- Office of the President of the StateTo implement the method of selling and auctioning motor vehicles imported from Japanese grants not to be repaid amounting to 3 billion yen for the fiscal year 1994-1995 of the Government of Japan, ensuring speed, efficiency; collecting money fully and promptly to pay into the State Budget and avoiding negative phenomena that may arise, the Ministry of Finance promulgates these regulations on the sale and auction of the number of motor vehicles imported from Japanese grants not to be repaid amounting to 3 billion yen.ograms andThe auction sale shall be conducted to ensure speed and efficiency; revenue shall be promptly collected and timely deposited into the State Budget, and avoid the auctioning of motorcycles. đN ||| Ensuring quick and efficient procedures; collecting money promptly and timely depositing it into the State Budget and avoiding over-auctioning of motor vehicles; đThe subjects participating in the auction must comply with the following conditions: đN ||| đEnterprises meeting the necessary and sufficient conditions below will be eligible: đN ||| đconcerning the classification and determination of state management authority in the field of crop productionNecessary conditions: đ* Enterprises having the business function of trading in motor vehicles as prescribed in their business license. đN |||concerning the classification and determination of state management authority in the field of crop productionng được sửa lại là Quyết định số 53/2003/Q-BTC.

- Office of the President of the StateArticle 1: - Office of the President of the State* Enterprises having a sales volume in 1995 according to the final report of at least 100 billion VND.concerning the classification and determination of state management authority in the field of crop productionN ||| đ* Enterprises without overdue debts exceeding 50% of their working capital and without inventory value exceeding 30% of their sales volume.

Enterprises meeting the following conditions will participate: đN ||| Conditions necessary and sufficient will be stipulated in this decision; đSufficient conditions: đN ||| đ* Enterprises having a sales volume in 1995 according to the final report of at least 100 billion VND.concerning the classification and determination of state management authority in the field of crop productionN ||| đ* Enterprises without overdue debts exceeding 50% of their working capital and without inventory value exceeding 30% of their sales volume.

1. - Office of the President of the State* Enterprises must commit to purchasing a minimum of 20 units of various types of vehicles.

* Enterprises with functions and tasks prescribed by the Ministry of Finance;amend* Enterprises must have the ability to make immediate full payment for the purchased vehicles (as evidenced by the balance on their bank account). đconcerning the classification and determination of state management authority in the field of crop productionN ||| đ* Enterprises must deposit 100,000,000 VND as a deposit into the State Budget account opened at the Vietnam Bank for Foreign Trade under Account Number 361.111.000.017 (or directly deposit via check or banker's draft) before the public announcement of the auction date on mass media. If enterprises participate in the auction but fail to purchase any items, this deposit will be refunded immediately after the conclusion of the auction.

* Enterprises with sales revenue exceeding 100 billion VND;amend* Pay an auction fee of 2,000,000 VND (this fee will not be refunded even if no purchases are made). đN ||| đAuction principles:

* Enterprises without overdue debts exceeding 30% of their sales revenue.concerning the classification and determination of state management authority in the field of crop production* Implement direct, open, honest auctions, ensuring the interests of the State and enterprises. đN |||concerning the classification and determination of state management authority in the field of crop production* The minimum price (floor price) shall be proposed by the Steering Committee based on market prices and approved by the Minister of Finance prior to organizing the auction. đN |||concerning the classification and determination of state management authority in the field of crop productionConditions for participation:

2. - Office of the President of the State* The selling price is the highest bid among all submitted bids and exceeds the minimum price for each type of vehicle. đN |||

* The auction process shall be carried out in accordance with Clause 16 of Decision No. 86/CP dated December 19, 1996 of the Government. business registration* Commitment to purchase a minimum of 20 vehicles of various types.

* In case two or more entities submit the highest bid and the total quantity of vehicles they wish to purchase exceeds the quantity available for sale, the Steering Committee will allocate the vehicles proportionally based on the quantity each entity wishes to purchase.amendN ||| Full payment of the total amount due at once; đ* If the highest bid does not purchase the entire quantity of vehicles available for sale, the remaining vehicles will be handled as follows: First, sell to those who did not reach the highest accepted price but are willing to buy at the highest price (in descending order of bid price). The remainder will be transferred to the next auction round. đđượ business registration* Payment in full of the total amount due at the time of registration to purchase (as shown on the payment receipt in Vietnamese currency).concerning the classification and determination of state management authority in the field of crop productionArticle 3:

Registration to participate in the auction: đN ||| đ* Enterprises meeting the conditions set forth in Article 1 must submit an application for participation in the auction along with relevant documents to the International Aid Management Board, Ministry of Finance - No. 4 Phan Huy Chu Street, Hanoi, no later than one day before the auction. The auction date will be publicly announced on mass media after which applications will no longer be valid.ograms and* Payment must be made before the date of the auction sale. đ* The bidding form must clearly state the name of the enterprise, address, bank where transactions are conducted, and bank account number, accompanied by the bank's confirmation of the account balance at the time of the auction, the quantity of each type of vehicle intended for purchase.concerning the classification and determination of state management authority in the field of crop productionN ||| Before organizing the auction; đN ||| Ensuring quick and efficient procedures; collecting money promptly and timely depositing it into the State Budget and avoiding over-auctioning of motor vehicles; đconcerning the classification and determination of state management authority in the field of crop productionDocuments required for participation in the auction include:ograms and* If the enterprise does not win the auction, the deposit will be refunded. đ1. Application for participation in the auction. đN |||concerning the classification and determination of state management authority in the field of crop production2. Photocopy of the decision granting the business license. đconcerning the classification and determination of state management authority in the field of crop productionN ||| If the goods are not sold, this amount will be refunded to the enterprise even if they do not purchase; đconcerning the classification and determination of state management authority in the field of crop production3. Confirmation from the bank regarding the account balance. đN |||

4. Proof of payment of the deposit and auction fees. đThe auction deposit is 2,000,000 VND. đ5. Photocopy of the audited final report for 1995. đconcerning the classification and determination of state management authority in the field of crop productionN ||| đconcerning the classification and determination of state management authority in the field of crop production6. Confirmation from the tax authority regarding the level of tax obligations fulfilled.

- Office of the President of the StateArticle 2:N ||| đ* Enterprises without overdue debts exceeding 50% of their working capital and without inventory value exceeding 30% of their sales volume.

Organization of the auction: đN ||| Direct, public, honest, transparent auctioning and pricing principles for enterprises; đ* After reviewing the application documents, the Steering Committee will announce the list of eligible enterprises.concerning the classification and determination of state management authority in the field of crop productionN |||

* The bidding forms will be distributed to enterprises before each auction. đN ||| Prices based on market prices approved by the Ministry of Finance at a minimum price level; đN ||| Ensuring quick and efficient procedures; collecting money promptly and timely depositing it into the State Budget and avoiding over-auctioning of motor vehicles; đ* Enterprises participating in the auction must fill in the bidding form with the name of the enterprise, the quantity intended for purchase (which cannot be less than the quantity committed to in the application), and the bid price.oN |||concerning the classification and determination of state management authority in the field of crop production* Bidding will be done by secret ballot.concerning the classification and determination of state management authority in the field of crop productionN ||| Procedure for auctioning and pricing shall be carried out according to the regulations under Clause 16 of Decree No. 86/CP dated December 19, 1996 of the Government;concerning the classification and determination of state management authority in the field of crop production* The Steering Committee will conduct the counting of ballots and prepare a record of the results and announce the successful bidders. đN |||

* The selling price is the highest among all bid sheets, but not less than the minimum price. đRegulations on delivery and payment for purchased goods:oN ||| đ* Enterprises winning the auction must complete the procedures for purchasing and delivering goods together with the Steering Committee within the latest two days after the announcement of the auction results.

N ||| đN ||| đN ||| đ4.2. Based on the withdrawal notice from the Agent, the Borrower is responsible for processing the receipt of the loan funds for the Borrower. - Office of the President of the StateN ||| đN |||

N ||| In case two or more entities bid the highest price and the total quantity they wish to purchase exceeds the number of vehicles put up for sale, the auction committee will allocate among them in proportion to their respective quantities desired; đoN |||concerning the classification and determination of state management authority in the field of crop productionN ||| đN |||oN ||| đconcerning the classification and determination of state management authority in the field of crop productionN ||| đN ||| Prices based on market prices approved by the Ministry of Finance at a minimum price level; đN |||ograms andN |||concerning the classification and determination of state management authority in the field of crop productionN ||| đN |||

N |||concerning the classification and determination of state management authority in the field of crop productionN |||concerning the classification and determination of state management authority in the field of crop productionf) Handle issues related to the submission and receipt of statistical reports, ensuring the exploitation and use of related statistical data for units and individuals; record đN |||concerning the classification and determination of state management authority in the field of crop productionN ||| đconcerning the classification and determination of state management authority in the field of crop productionN |||concerning the classification and determination of state management authority in the field of crop productionng được sửa lại là Quyết định số 53/2003/Q-BTC.

N |||concerning the classification and determination of state management authority in the field of crop productionN ||| First, sell to those who did not bid at the highest accepted price but still bid higher than the second-highest price (in descending order as recorded on the bidding form);concerning the classification and determination of state management authority in the field of crop productionf) Handle issues related to the submission and receipt of statistical reports, ensuring the exploitation and use of related statistical data for units and individuals; record đN ||| đN ||| concerning the classification and determination of state management authority in the field of crop productionN ||| đN |||

N ||| The remaining vehicles will be transferred to the next auction round; đN ||| đN |||

- Office of the President of the StateArticle 3: Submitting written reports on activities and the progress of programs and projects (according to the form prescribed in Appendix...) to the Ministry of Foreign Affairs and the Steering Committee for Foreign Non-Governmental Organizations, sent to the People's Committees of provinces and centrally-administered cities where the activities take place, no later than July 15 each year for the mid-year report and no later than January 15 of the following year for the annual report.N ||| Enterprises wishing to participate must have the conditions set forth in Clause 1 and submit the auction application along with relevant documents to the International Aid Management Board, Ministry of Finance - No. 4 Phan Huy Chu Street, Hanoi, no later than one day before the auction. The date of the auction will be publicly announced in the media - after the registration deadline, it will no longer be valid; đ* Enterprises without overdue debts exceeding 50% of their working capital and without inventory value exceeding 30% of their sales volume.

N ||| đN ||| Conditions necessary and sufficient will be stipulated in this decision; đN ||| - Office of the President of the StateN ||| đon business registrationN ||| Enterprises wishing to participate must have the conditions set forth in Clause 1 and submit the auction application along with relevant documents to the International Aid Management Board, Ministry of Finance - No. 4 Phan Huy Chu Street, Hanoi, no later than one day before the auction. The date of the auction will be publicly announced in the media - after the registration deadline, it will no longer be valid; đN ||| Auction application attached with relevant documents;oN |||concerning the classification and determination of state management authority in the field of crop productionN ||| Before organizing the auction; đN ||| Send to the International Aid Management Board, Ministry of Finance - No. 4 Phan Huy Chu Street, Hanoi, no later than one day before the auction; đN ||| Ensuring quick and efficient procedures; collecting money promptly and timely depositing it into the State Budget and avoiding over-auctioning of motor vehicles; đconcerning the classification and determination of state management authority in the field of crop productionN |||ograms and* If the enterprise does not win the auction, the deposit will be refunded. đN ||| The auction date will be publicly announced in the media - after the registration deadline, it will no longer be valid; đshall đon business registrationN |||

* - Office of the President of the Stateon business registrationN ||| Enterprises wishing to participate must have the conditions set forth in Clause 1 and submit the auction application along with relevant documents to the International Aid Management Board, Ministry of Finance - No. 4 Phan Huy Chu Street, Hanoi, no later than one day before the auction. The date of the auction will be publicly announced in the media - after the registration deadline, it will no longer be valid; đBid sheets must clearly state the name of the enterprise, address, bank of transaction, and account number, accompanied by confirmation from the bank regarding the balance in the deposit account. đN ||| Address, bank account details, and account number, accompanied by the bank's confirmation of the balance in the deposit account;oN |||concerning the classification and determination of state management authority in the field of crop productionN ||| đN ||| đN ||| At the time of registration, the quantity of each type of vehicle registered for purchase; đon business registrationN ||| Enterprises wishing to participate must have the conditions set forth in Clause 1 and submit the auction application along with relevant documents to the International Aid Management Board, Ministry of Finance - No. 4 Phan Huy Chu Street, Hanoi, no later than one day before the auction. The date of the auction will be publicly announced in the media - after the registration deadline, it will no longer be valid; đN |||concerning the classification and determination of state management authority in the field of crop productionN ||| business registrationN |||

Documents for participation in the auction include:oN ||| Documents to be submitted include: đN |||

1. - Office of the President of the Stateo* Application for participation in the auction. đN |||

N ||| 2. Photocopy of the decision; đ* Copy of the decision granting business license.

N |||concerning the classification and determination of state management authority in the field of crop production* Bank confirmation of the balance in the deposit account.

N ||| 3. Bank confirmation of the balance in the deposit account; đ* Proof of payment of the bid deposit and fees. đN |||

* Copy of the final report approved for fiscal year 1995. đconcerning the classification and determination of state management authority in the field of crop productionN ||| 4. Proof of deposit and payment of fees;amendN |||

N ||| 5. Confirmation of the tax authority regarding the completion of tax obligations;oN ||| đN ||| 6. Confirmation of the tax authority regarding the fulfillment of tax obligations;

- Office of the President of the StateArticle 4:N ||| đ* Enterprises without overdue debts exceeding 50% of their working capital and without inventory value exceeding 30% of their sales volume.

N ||| Organizing the auction: đN ||| đN |||o business registrationN ||| Enterprises wishing to participate must have the conditions set forth in Clause 1 and submit the auction application along with relevant documents to the International Aid Management Board, Ministry of Finance - No. 4 Phan Huy Chu Street, Hanoi, no later than one day before the auction. The date of the auction will be publicly announced in the media - after the registration deadline, it will no longer be valid; đN ||| After reviewing the application, the auction committee will announce the list of enterprises meeting the conditions to participate; đDeputy ministers of ministerial-level agencies, đN |||

N ||| đN ||| The auction committee will issue bidding forms to enterprises before each auction; đN ||| đN |||concerning the classification and determination of state management authority in the field of crop productionN ||| đN ||| Participating enterprises will record on the bidding form the name of the enterprise, the quantity registered for purchase (which cannot be lower than the quantity registered in the auction), and the purchase price;

N ||| đN ||| đN |||concerning the classification and determination of state management authority in the field of crop productionN ||| business registrationN ||| đconcerning the classification and determination of state management authority in the field of crop productionN |||oN |||concerning the classification and determination of state management authority in the field of crop productionN ||| đđượ business registrationN ||| đon business registrationN ||| Enterprises wishing to participate must have the conditions set forth in Clause 1 and submit the auction application along with relevant documents to the International Aid Management Board, Ministry of Finance - No. 4 Phan Huy Chu Street, Hanoi, no later than one day before the auction. The date of the auction will be publicly announced in the media - after the registration deadline, it will no longer be valid; đN ||| business registrationN ||| đ* Enterprises winning the auction must complete the procedures for purchasing and delivering goods together with the Steering Committee within the latest two days after the announcement of the auction results.

N ||| đN ||| Bidding will be conducted by secret ballot;

N ||| Organizing the auction: đN ||| đN ||| đN ||| The auction committee will conduct the ballot counting and prepare a record of the results and announce the successful bidder;concerning the classification and determination of state management authority in the field of crop productionf) Handle issues related to the submission and receipt of statistical reports, ensuring the exploitation and use of related statistical data for units and individuals; record đconcerning the classification and determination of state management authority in the field of crop productionN ||| đN |||

- Office of the President of the StateThe authorizing party and the authorized party may, based on actual circumstances, jointly reviewN ||| đN ||| Regulations on delivery and payment for purchased goods:

N ||| đconcerning the classification and determination of state management authority in the field of crop productionN ||| đN ||| Within the latest two days after the announcement of the auction results, the enterprise must deliver the auction application to the International Aid Management Board to jointly handle the purchase and sale procedures with the auction committee; đN ||| đN ||| đN ||| đN ||| đN |||