Decision No. 138/2001/QD-BTC promulgates the Interim Regulation on the self-financing regime for the operation expenses of the Management Board of Export Processing Zones and Industrial Parks of Ho Chi Minh City.

GENERAL PROVISIONS

Article 1:

Implementing the self-financing system for operating expenses at the Management Board of Ho Chi Minh City Industrial Zones and Export Processing Zones (hereinafter referred to as the Management Board or the Board) must ensure the following requirements:

- The application of the self-financing system for operating expenses shall not affect the investment environment.

- Enhance flexibility in allocating and using operating expenses to improve the efficiency and quality of the Board's operations.

- Create conditions to strengthen the state management function over industrial zones and export processing zones and implement administrative reform in the Board's operations.

Article 2:

1.

The Management Board prepares budgets and final accounts for revenue and expenditure activities in accordance with the regulations of the State for budgetary units. All revenue and expenditure activities of the Management Board must be conducted through its account opened at the State Treasury of Ho Chi Minh City.

2. Expenditure by the Management Board shall be carried out based on the principles of transparency, thriftiness, and effective service to the Board's operations to develop industrial zones and export processing zones within its jurisdiction.

3. The Management Board establishes a fund for supporting activities of industrial zones and export processing zones of Ho Chi Minh City from the surplus between actual revenue and allocated expenditure budget each year to serve the activities of industrial zones and export processing zones under its jurisdiction.

Article 3:

1.

The currency used for revenue and expenditure activities of the Management Board is the Vietnamese Dong. If foreign currency transactions occur, they shall be converted into Vietnamese Dong based on the average inter-bank exchange rate between Vietnamese Dong and foreign currency published by the State Bank of Vietnam at the time of occurrence.

2. The fiscal year runs from January 1 to December 31 of the Gregorian calendar year.

MANAGEMENT AND USE OF REVENUE OF THE MANAGEMENT BOARD

Article 4:

Revenue of the Management Board includes:

1. Maintenance and repair fees for infrastructure facilities divided by Tan Thuan Joint Venture Construction and Operation Company (hereinafter referred to as Tan Thuan Company) to the Management Board in accordance with the "Regulation on Collection and Use of Maintenance and Repair Fees for Infrastructure Facilities in Tan Thuan Export Processing Zone" issued together with Decision No. 139/2001/QĐ-BTC dated December 19, 2001 of the Minister of Finance.

2. Other revenues (if any).

Article 5:

1.

The annual expenditure budget of the Management Board is prepared based on the following grounds:

- Revenue forecast;

- Tasks and emerging needs during the year;

- Expenditure standards according to the policies of the State for expenditures that have been specified;

- For expenditures where the State has not set expenditure standards, the Management Board shall establish expenditure standards based on the principle of effectiveness and thriftiness as the basis for the budget;

Specifically, for expenditures related to salaries and allowances, contributions based on salary are determined in accordance with Article 6 of this Regulation.

2. The expenditure budget of the Management Board is determined for the entire year, detailed by item, and must be within the scope of the revenue forecast for the year.

3. The revenue and expenditure budgets of the Management Board must be registered with the Department of Finance and Price Control of Ho Chi Minh City as the basis for implementation.

Article 6:

The budget for salary and allowance expenditures, contributions based on salary, shall be implemented as follows:

1. For salary and allowance expenditures:

Salary and allowance expenditures of the Management Board are determined based on the basic salary fund of the Management Board multiplied by the adjustment factor for the minimum wage stipulated.

The basic salary fund of the Management Board is determined based on the number of staff positions assigned by the competent state authority; the salary grade coefficient and allowances of officials and civil servants according to current regulations and the national minimum wage.

The adjustment factor for the minimum wage is set at 2.5 times.

2. For contributions based on salary:

Contributions based on salary such as social insurance, health insurance, and trade union fees are determined and paid based on the basic salary fund of the Management Board.

Article 7:

1.

Within the scope of the expenditure budget already registered and approved by the Department of Finance and Price Control of Ho Chi Minh City, the Management Board may proactively use and adjust among different items of expenditure to effectively serve the Board's operations (except for expenditures on purchasing and major repairs of fixed assets).

In case the State changes policies related to expenditure items, the Management Board may adjust among expenditure items in accordance with the new policies and regulations but shall not change the total budgeted expenditures that have been registered and assigned.

2. The Management Board may proactively use the salary budget to pay salaries to officials, workers, and employees based on their productivity and work quality according to the general regulations of the Management Board.

The actual salary paid to workers shall not be lower than the basic wage determined according to the minimum wage, salary coefficient, and allowances as stipulated currently.

Article 8:

1.

At the end of the fiscal year, the Management Board must settle accounts for revenue and expenditure activities within the year with the Department of Finance and Prices of Ho Chi Minh City.

2. All expenses must be supported by full vouchers and invoices. Expenditures exceeding the budgeted funds for that expenditure item must be covered from the budgeted funds of other allocated expenditure items within the annual budget range.

3. The Management Board may use the saved funds to establish incentive and welfare funds according to the current regulations of the State for administrative and public service units with income. Any remaining funds after setting up the two aforementioned funds (if applicable) shall be transferred to the Support Fund for Export Processing Zones and Industrial Parks of Ho Chi Minh City.

Article 9:

1.

The Support Fund for Export Processing Zones and Industrial Parks of Ho Chi Minh City shall be centrally managed in one account opened at the State Treasury of Ho Chi Minh City, with the Director of the Management Board as the account holder.

2. The Management Board is responsible for drafting the Management and Utilization Regulations of the Support Fund for Export Processing Zones and Industrial Parks of Ho Chi Minh City to be submitted to the People's Committee of Ho Chi Minh City for approval after obtaining the agreement of the Minister of Finance.

Article 10:

The Management Board shall implement financial revenue and expenditure activities openly in accordance with Article 2 of this Regulation and other State regulations on financial transparency for state administrative agencies.

When necessary, the Management Board shall conduct an audit of revenue and expenditure activities after each fiscal year.

IMPLEMENTING PROVISIONS

Article 11:

The Department of Finance and Prices of Ho Chi Minh City shall be responsible for:

- Receiving and reviewing the revenue and expenditure budgets registered by the Management Board and issuing notifications assigning the revenue and expenditure budgets to the Management Board;

- Settling accounts for the implementation of the revenue and expenditure budgets;

- Supervising the Management Board's implementation of self-financing mechanisms.

Article 12:

The Management Board is responsible for establishing the Financial Regulations of the Board based on the principle of frugal spending, ensuring transparency and democracy to implement these regulations.

At the end of the fiscal year, the Management Board is responsible for reporting to the Ministry of Finance on the implementation of these regulations.

Article 13:

During the implementation process, the Management Board and the Department of Finance and Prices of Ho Chi Minh City shall promptly identify any issues and propose solutions to the Ministry of Finance for supplementing and perfecting these regulations.