This Decree stipulates the organization, management, and operation of the Vietnam National Defense Industry Development Fund (hereinafter referred to as the Fund). The Decree includes main contents such as: Purpose and scope of activities of the Fund; management structure; sources of capital and assets; financial assistance, support, lending, and investment activities; accounting and auditing systems; supervision and evaluation of operational effectiveness. The Ministry of Public Security is responsible for leading the issuance of the charter, financial regulations, and decisions related to personnel management of the Fund.
Scope of application
Vietnam National Defense Industry Development Fund
Key points
- and the scope of activities of the Fund
- Management structure
- Sources of capital and assets
- Financial assistance, support, lending, and investment activities
- Accounting and auditing systems
- Supervision and evaluation of operational effectiveness
🌐 Social impact of this document
- Developing national defense industry
- Strengthening state asset and capital management
- Supporting economic and social development projects related to national defense security
❓ Frequently asked questions
How does the Vietnam National Defense Industry Development Fund operate?
The Fund operates under the principle of self-management and self-responsibility for its organizational and operational activities. The Fund has the right to mobilize capital from various sources to implement its goal of supporting the development of the national defense industry.
Who decides on the appointment of personnel for the Fund?
The Minister of Public Security is responsible for issuing regulations and guidelines regarding the appointment, reappointment, dismissal, and evaluation of managerial positions within the Fund.
Full text
| THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
| Number: 160/2025/NĐ-CP | Hanoi, June 29, 2025 |
DECREE
Regulations on the National Data Development Fund
___________
Pursuant to the Government Organization Law on February 18, 2025;
Pursuant to the State Budget Law dated June 25, 2015;
Pursuant to the Law on Data dated November 30, 2024;
The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.
The Government promulgates this Decree to regulate the establishment, management, and use of the National Data Development Fund.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation and Applicability
Article 1. This Decree provides detailed regulations for Clause 4, Article 29 of the Law on Data regarding the establishment, management, and use of the National Data Development Fund.
Article 2. This Decree applies to the National Data Development Fund, agencies, organizations, and individuals related to the governance, administration, organization, and operation of the National Data Development Fund.
Article 3. Establishment of the National Data Development Fund
The Government establishes the National Data Development Fund (hereinafter referred to as the Fund) to promote the development, exploitation, application, and management of national data.
Article 4. Legal status and legal personality of the Fund
Clause 1. The National Data Development Fund is a state financial fund outside the budget, operating without profit-making objectives and under the management of the Ministry of Public Security.
Clause 2. The Fund has legal personality, its own operational budget, separate financial reports, its own seal, and accounts opened at the State Treasury and commercial banks legally operating in Vietnam in accordance with the law.
Article 5. Objectives of the Fund's activities
Clause 1. Supporting activities to develop and apply artificial intelligence technology, big data, machine learning, cloud computing, blockchain, Internet of Things, and other technologies in data processing to serve state management work, national interests, public interest, economic and social development.
Clause 2. Promoting the application of data to serve national digital transformation; digital transformation in rural, mountainous areas, regions with difficult socio-economic conditions, and particularly difficult regions; scientific and technological activities, innovation and creativity in data.
Clause 3. Developing a network of experts, scientists, scientific and technological organizations, and data associations both domestically and internationally.
Clause 4. Investing in businesses and individuals engaged in research on solutions to enhance data protection, transfer data technology, innovate in data, and develop applications related to data to serve state management work, national interests, public interest, economic and social development.
Clause 5. Supporting awards for organizations and individuals with achievements in building, developing, protecting, managing, and processing data; supporting organizations and individuals providing data to Party agencies, state agencies, the Vietnam Fatherland Front, and political-social organizations.
Clause 6. Supporting organizations providing public services to mitigate consequences and handle incidents related to data security and safety.
Clause 7. Supporting activities to develop and apply important data, core data, and data related to national defense, security, and foreign affairs.
Clause 8. Supporting international cooperation activities in data.
Article 5. Definitions
In this Decree, the following terms are understood as follows:
Clause 1. Data development activities are the activities of organizations and individuals aimed at increasing the value of data in terms of quantity and quality to serve national interests, public interest, and economic and social development.
Clause 2. Data technology includes artificial intelligence technology, big data, machine learning, cloud computing, blockchain, Internet of Things, virtual reality, augmented reality, and other technologies in data processing.
Clause 3. Cost support refers to the provision of funds to organizations and individuals to build, develop, protect, manage, and process data.
Clause 4. Capacity enhancement support involves the Fund directly implementing activities related to investment, procurement, resource allocation for organizations and individuals to build, develop, protect, manage, and process data.
Clause 5. Entrusted capital is the amount of money entrusted by the entrusting party to the entrusted party to carry out the entrusted tasks.
Clause 6. Fund managers are those holding the positions of Director, Deputy Director, and Chief Accountant of the Fund.
Clause 7. Sponsorship is the non-reimbursable support activity provided by organizations and individuals (sponsors) to the Fund through monetary or in-kind contributions for the implementation of activities stipulated in Chapter IV of this Decree.
Clause 8. Contribution is the non-reimbursable activity of organizations and individuals (contributors) providing money or in-kind contributions to the Fund for the implementation of activities stipulated in Chapter IV of this Decree.
Clause 9. Entrusting to the Fund is the act of organizations and individuals (entrusting parties) entrusting the Fund (entrusted parties) with capital in the form of money to carry out activities stipulated in Chapter IV of this Decree. The entrusting party bears all risks, and the entrusted party enjoys trust fees.
Clause 10. The Fund's entrusted lending activities involve the Fund (entrusting party) entrusting commercial banks (entrusted parties) to provide loans to borrowers in accordance with the provisions of Chapter IV of this Decree.
Article 6. Principles of Fund Operations
1. The receipt, management, and utilization of donations, grants, contributions, entrusted funds, and gifts must ensure:
a) The receipt, management, and utilization of donations, grants, contributions, entrusted funds, and gifts from organizations and individuals in the form of cash, goods, or other forms must be transparent and open;
b) The receipt, management, and utilization of donations, grants, contributions, entrusted funds, and gifts must comply with Vietnamese laws and international treaties to which Vietnam is a party; the acceptance of entrusted capital must ensure compatibility with the Fund's repayment capacity;
c) Not to accept donations, grants, contributions, entrusted funds, and gifts that harm national interests, security, defense, violate anti-corruption laws, money laundering activities, terrorist financing, and other illegal activities;
d) Organizations and individuals voluntarily donating or contributing without conditions may transfer funds directly into the Fund's account without having to follow Articles 12, 13, 14, and 15 of this Decree.
2. The provision of loans, support, and investment by the Fund must ensure:
a) Transparency, thriftiness, avoidance of waste, safety of capital, and compliance with legal regulations;
b) Each organization or individual may receive loans, support, and investment from the Fund in various forms;
c) Organizations and individuals must declare and take responsibility for the data and information in their loan, support, and investment application documents;
d) Fund managers are exempted from liability when providing loans, support, and investment to organizations and individuals testing new data technologies and business models serving national interests, public benefits, economic and social development, and suffering economic losses due to objective reasons after fully implementing related procedures during implementation;
đ) Not to provide support to organizations and individuals who have already received support from other state sources for the same category;
e) The Fund does not cover costs for organizations and individuals who have donated, granted, contributed, entrusted, or gifted to the Fund.
Article 7. Tasks and Authorities of the Fund
1. Tasks of the Fund
a) Implement tasks consistent with the Fund's operational objectives;
b) Receive, manage, and utilize capital in accordance with regulations;
c) Implement reporting systems and accounting practices as prescribed by law;
d) Comply with inspections, audits conducted by competent state management agencies as prescribed by law;
đ) Provide data and publicly announce the operational rules, financial mechanisms, operational results, and audited annual financial reports of the Fund as required by law.
2. Authorities of the Fund
a) Organize and operate in accordance with the principles and operational objectives of the Fund;
b) Regularly and randomly inspect and supervise the use of the Fund's capital; recover loans and support costs from organizations and individuals who violate agreed conditions and commitments with the Fund;
c) Allocate funds for infrastructure, equipment, and material resources to achieve the Fund's operational objectives;
d) Allocate funds for scientific and technological activities, innovation, and data-related initiatives as prescribed;
đ) Entrust banks to provide loans at preferential interest rates; support costs for organizations and individuals to promote activities aligned with the Fund's objectives;
e) Organize capacity-building activities for organizations and individuals in accordance with this Decree and relevant laws;
g) Hire organizations, experts, and scientists to assist in Fund operations; cooperate with educational institutions to support training activities; implement or use consulting and evaluation services for innovative startups;
h) Utilize idle operating budgets of the Fund to deposit savings for up to 12 months in commercial banks to preserve and develop the Fund's operating budget.
Article 8. The Fund's Operating Budget
1. The State budget allocates a capital of 1,000 billion VND to the Fund. Based on the budget balance capacity, the Fund receives annual funding support to ensure that the level of 1,000 billion VND is maintained at the beginning of each fiscal year.
2. Sources of funds outside the State budget supporting the Fund include:
a) Revenue from the Fund’s operational results: interest from loans, interest from deposits, and other revenues;
b) Grants, donations, contributions from organizations and individuals;
c) Other sources as prescribed by law.
Chapter II
ORGANIZATIONAL STRUCTURE OF THE FUND
Article 9. Management Agency of the Fund
1. The Ministry of Public Security uses its specialized agency machinery to assist the Ministry of Public Security in managing state affairs related to data, serving as the management agency for the Fund.
2. The management agency of the Fund consists of the Director, Deputy Directors, Chief Accountant, and supporting staff.
3. The Fund Director is appointed or relieved of duty by the Minister of Public Security, working under a concurrent position system. The Fund Director is the representative of the Fund as stipulated by law; they may sign contracts in accordance with the law for certain tasks serving the Fund's operations, and are responsible before the law and the Minister of Public Security.
4. Deputy Directors and the Chief Accountant of the Fund work under a concurrent position system, appointed or relieved of duty by the Minister of Public Security upon the recommendation of the Fund Director.
5. Supporting staff undertake professional and business-related tasks, assisting the Fund Director in advisory work. The supporting staff of the Fund includes:
a) People's Police officers assigned to perform the Fund's business activities under a concurrent or dedicated position system, as decided by the Fund Director;
b) Employees hired by the Fund under labor contracts.
6. The working system, duties, and powers of the Fund's management agency are regulated in the Charter of the Fund's Organization and Operation issued by the Minister of Public Security.
Article 10. Expert Council
1. The Fund Director decides on the establishment, structure, and number of members of the Expert Council of the Fund to carry out one or more tasks within a specified period as set forth in the establishment decision or self-dissolution after completing the task.
2. The Expert Council evaluates and assesses project proposals, production and business plans, programs proposed for lending, support, and investment by organizations and individuals; advises the Fund Director on other activities.
3. Members of the Expert Council include: Deputy Directors of the Fund, experts, scientists, managers both domestic and foreign with high credibility and expertise in their fields, selected from the list of experts of the Fund based on professional achievements and trust from scientists and managers in the field of data, finance, information technology.
4. The Expert Council operates on the principles of democracy, objectivity, honesty, and compliance with the law. The Fund Director issues regulations governing the operation of the Expert Council.
5. The operating costs of the Expert Council and expenses for hiring experts are sourced from the Fund's operating budget.
Chapter III
ACTIVITIES OF RECEIVING, MANAGING AND USING GRANTS, AID, CONTRIBUTIONS, COMMISSIONS, GIFTS
Article 11. Methods for receiving grants, contributions, entrusted funds, and donations
1. For grants, contributions, and donations in the form of money: the grantor, contributor, or donor shall make cash payments or transfer funds to the Fund through the Fund's account at a commercial bank.
2. For grants, contributions, and donations in the form of goods or other forms: these shall be carried out according to the agreement between the Fund and the grantor, contributor, or donor, and reflected in the grant, contribution, or donation acceptance documents and records.
3. For entrusted funds to the Fund: the entrusting party will transfer the entrusted funds in Vietnamese dong or another foreign currency to the Fund through the Fund's account at a commercial bank.
Article 12. Approval Authority and Preparation of Grant, Contribution, Entrusted Fund, and Donation Documents
1. The approval authority for grants, contributions, entrusted funds, and donations shall be implemented as follows:
a) The Minister of Public Security decides on the approval of grants, contributions, entrusted funds, and donations from foreign organizations and individuals. In cases where the conditions for accepting such grants, contributions, entrusted funds, and donations are not met, the Ministry of Public Security will notify the grantor, contributor, entrusting party, or donor that they will not be accepted;
b) The Director of the Fund decides on the approval of grants, contributions, entrusted funds, and donations from domestic organizations and individuals. In cases where the conditions for accepting such grants, contributions, entrusted funds, and donations are not met, the Fund will notify the grantor, contributor, entrusting party, or donor that they will not be accepted.
2. For grants, contributions, entrusted funds, and donations within the approval authority of the Minister of Public Security:
a) The Fund shall take the lead in preparing the documents and records for receiving grants, contributions, entrusted funds, and donations;
b) The Fund has the responsibility to coordinate with domestic organizations and the grantor, contributor, entrusting party, or donor during the preparation of the documents and records.
3. For grants, contributions, entrusted funds, and donations within the approval authority of the Fund Director, the Fund shall coordinate with domestic organizations and the grantor, contributor, entrusting party, or donor during the preparation of the documents and records.
4. The Fund is responsible for implementing, ensuring the progress, quality, and content of the grant, contribution, entrusted fund, and donation documents and records.
Article 13. Content of the Documents for Receiving Grants, Contributions, Entrusted Funds, and Donations
The documents for receiving grants, contributions, entrusted funds, and donations include the following main contents:
1. Background and necessity of receiving grants, contributions, entrusted funds, and donations, including a clear description of the issues that the grants, contributions, entrusted funds, and donations will be used to address.
2. Long-term goals (if applicable) and short-term goals of the grants, contributions, entrusted funds, and donations.
3. Expected results of using the grants, contributions, entrusted funds, and donations and the metrics for measuring those results.
4. Implementation period and location of the grants, contributions, entrusted funds, and donations.
5. Commitments and conditions of the grantor, contributor, or entrusting party regarding the grants, contributions, or entrusted funds; obligations and commitments of the Fund to use the grants, contributions, entrusted funds, and donations.
6. Total value and capital structure of the grants, contributions, entrusted funds, and donations.
7. Matching funds and guarantee sources (if applicable).
8. Organizational, management, and implementation methods for the grants, contributions, entrusted funds, and donations.
9. Implementation plan for the grants, contributions, entrusted funds, and donations.
10. Effectiveness, applicability of the results to practice, and sustainability of the implementation of the grants, contributions, entrusted funds, and donations.
Article 14. Examination of Grants, Contributions, Entrusted Funds, and Donations
1. Documents and files related to grants, contributions, entrusted funds, and donations must be examined to serve as the basis for approval, signing, and implementation.
2. The Ministry of Public Security shall assign a functional unit under its jurisdiction to take the lead in organizing the examination of grants, contributions, entrusted funds, and donations in cases where the approval authority lies with the Minister of Public Security.
3. The Fund shall take the lead in organizing the examination of grants, contributions, entrusted funds, and donations within the scope of approval authority vested in the Director of the Fund.
4. The leading examination unit may invite specialized units, consulting organizations, and independent consulting experts to assist in examining the documents and files related to grants, contributions, entrusted funds, and donations.
5. The leading examination unit shall prepare an examination file for grants, contributions, entrusted funds, and donations, including:
a) A document submitted to the Fund for approval regarding the documents and files on grants, contributions, entrusted funds, and donations;
b) A document from the grantor, contributor, or trustee agreeing to the content of the grant, contribution, entrusted fund, or donation;
c) A document confirming the value of the assets provided through grants, contributions, and donations, along with an appraisal certificate issued by a legitimate and competent appraisal organization recognized by Vietnam (if applicable).
d) Review report;
đ) Other relevant documents (if any).
6. The main contents of the examination report include:
a) The compliance of the data, arguments, calculations, conclusions, and recommendations stated in the examined documents and files with current legal provisions;
b) The feasibility of the grant, contribution, entrusted fund, or donation;
c) The rationality of using the grant, contribution, entrusted fund, or donation for the activities of the Fund;
d) Issues of concern, existing problems, approaches to handling, measures for resolution, responsible organizations for handling, and deadlines for resolution;
d) Commitments in case of changes in mechanisms, policies, differences in procedures for receiving and implementing the grant, contribution, entrusted fund, or donation, and requirements and conditions set by the grantor, contributor, trustee, or donor (if applicable);
e) The organizational and management capacity of the Fund (including financial capacity);
g) The effectiveness, applicability of results to practice, and sustainability of the implementation of the grant, contribution, entrusted fund, or donation;
h) Opinions that have been agreed upon or remain differing among the relevant parties;
i) Recommendations regarding the Fund's acceptance and implementation of the grant, contribution, entrusted fund, or donation;
k) The deadline for completing the documents for the grant, contribution, entrusted fund, or donation;
l) Information about the registration of operations, business registration, and legal status of the organization being the grantor, contributor, trustee, or donor, or lawful information about the individual being the grantor, contributor, trustee, or donor in Vietnam.
7. During the examination process, the leading examination unit shall submit a document requesting opinions from relevant agencies and units to the competent authority. Agencies and units participating in the examination shall bear legal responsibility for the examination content within their management scope.
Article 15. Signing the Acceptance of Grants, Contributions, Entrusted Funds, and Donations
1. The approval document for accepting grants, contributions, entrusted funds, and donations shall include the following main contents:
a) Name of the grant, contribution, entrusted fund, or donation;
b) Recipient of the grant, contribution, entrusted fund, or donation: National Data Development Fund; Name of the organization or individual being the grantor, contributor, trustee, or donor;
c) Objectives and main outcomes of the grant, contribution, entrusted fund, or donation;
d) Time frame and geographical area of implementation;
đ) Total value and capital structure of the grant, contribution, entrusted fund, or donation.
2. Signing the documents and files for grants, contributions, entrusted funds, and donations:
a) The signing of documents and agreements for grants, contributions, entrustments, and donations shall only proceed after obtaining approval from the competent authority for accepting the grant, contribution, entrusted fund, or donation and receiving a formal written notification from the Fund to the grantor, contributor, trustee, or donor;
b) The Director of the Fund shall sign the documents and agreements for grants, contributions, entrusted funds, and donations with the grantor, contributor, trustee, or donor in accordance with regulations;
c) Disclosure of information: Within ten days from the date of signing the documents and files for grants, contributions, entrusted funds, the Fund shall be responsible for disclosing the information on its official website and at its headquarters.
Article 16. Acceptance of Grants, Contributions, Entrusted Funds, and Donations
1. For grants, contributions, entrusted funds, and donations in the form of money:
a) The Fund shall open detailed accounting books to separately track the amount of received grants, contributions, entrusted funds, and donations;
b) The Fund shall open an account at a commercial bank to accept grants, contributions, entrusted funds, and donations that are transferred via bank transfer.
2. For grants, contributions, and donations in the form of physical assets or other forms:
The Fund shall be responsible for implementing procedures to receive and hand over such assets or other forms of grants, contributions, and donations, preparing conditions to ensure convenient and prompt preservation of these assets or other forms.
Article 17. Adjustment, Amendment, and Supplement to Documents, Files, and Approval Decisions on Grants, Contributions, Entrusted Funds, and Donations during Implementation
1. For grants, contributions, entrusted funds, and donations approved by the Minister of Public Security:
a) Adjustments, amendments, and supplements shall be made when there are changes in long-term objectives (if any), short-term objectives, organizational methods, management and implementation methods, main results, and implementation areas of the approved grants, contributions, entrusted funds, and donations, or adjustments in implementation progress exceeding 24 months from the approved time, which must be reported to the Minister of Public Security for consideration and decision;
b) Within ten days from the date of receiving the adjustment proposal, the leading unit responsible for reviewing grants, contributions, entrusted funds, and donations shall submit to the Minister of Public Security for decision on adjustment, amendment, and supplement to the grants, contributions, entrusted funds, and donations.
2. For grants, contributions, entrusted funds, and donations approved by the Fund Director:
a) Any adjustments, amendments, and supplements that make the grant, contribution, entrusted fund, or donation fall within the approval authority of the Minister of Public Security shall be reported by the leading unit responsible for reviewing grants, contributions, entrusted funds, and donations, in coordination with the Fund, to the Minister of Public Security for consideration and decision;
b) Adjustments, amendments, and supplements not covered under point a of this clause shall be decided by the Fund Director;
c) Within ten days after approving the adjustment, amendment, and supplement to the grants, contributions, entrusted funds, and donations, the Fund Director shall issue a decision on adjustment, amendment, and supplement to the grants, contributions, entrusted funds, and donations.
Article 18.Utilization of Sources of Grants, Assistance, Contributions, Entrusted Funds, and Donations
The Fund shall utilize sources of grants, assistance, contributions, entrusted funds, and donations, as well as profits generated from these sources, to carry out the following activities:
1. To supplement the Fund's operational budget.
2. To lend, support, and invest according to the provisions of Chapter IV of this Decree and the requirements of the entrusting party and the donor, ensuring compliance with the provisions of this Decree.
Chapter IV
ACTIVITIES OF LENDING, SUPPORTING, AND INVESTING ON BEHALF OF OTHERS
Section 1
LENDING ON BEHALF OF OTHERS
Article 19. Methods of Lending on Behalf of Others
1. The Fund shall entrust commercial banks with state capital, policy banks (hereinafter referred to as banks) to implement lending.
2. The bank's acceptance of entrustment from the Fund shall be carried out in accordance with the laws on entrusted activities and acceptance of entrustment by credit institutions and the agreement between the Fund and the bank.
3. Lending shall be conducted through secured lending methods.
Article 20. Objects and Conditions for Borrowing from the Fund
1. The objects eligible to borrow from the Fund include:
a) Organizations providing data products and services;
b) Organizations implementing projects on production and business related to the application of science and technology, innovation and creativity in building, developing, protecting, managing, processing, and using data;
c) Organizations implementing data technology development projects.
2. The borrowing objects of the Fund must meet the following conditions:
a) Having legal entity status established in accordance with Vietnamese laws;
b) At the time of requesting a loan, there are no tax arrears or bad debts at credit institutions or foreign bank branches.
3. Production and business projects specified in Clause 1 of this Article must meet the following requirements:
a) The project's technology is legally owned by the organization and does not fall within the restricted or prohibited technology transfer lists;
b) The project's products are produced and circulated in compliance with the law.
Article 21. Interest Rate and Commission for Entrusted Loans
1. The interest rate for short-, medium-, and long-term loans is 80% of the lowest commercial loan interest rate corresponding to each term. The lowest commercial loan interest rate is determined based on the average interest rate of the four state-owned commercial banks with the largest total assets at the time of determining the Fund's loan interest rate.
2. Annually or during specific periods, based on the principle of determining the interest rate stipulated in Clause 1 of this Article, the Fund Director announces the Fund's loan interest rate.
3. The entrusted loan commission is the amount of money the Fund must pay to the bank to execute the entrusted loan, agreed upon by both parties in compliance with the law.
Article 22. Loan Amount and Term
1. The total loan amount provided by the Fund to an organization shall not exceed 15% of the Fund's actual operating budget at any given time.
2. The loan term is determined in accordance with the borrowing organization's capital recovery capability, debt repayment ability, and the specific conditions of each production and business project, but shall not exceed five years.
Article 23. Documents, Procedures, and Formalities for Entrusted Loans
1. The organization submits loan application documents in accordance with the law.
2. The bank is responsible for receiving loan application documents and reviewing loan applications for objects meeting the conditions stipulated in Article 20 of this Decree. Within fifteen working days from the date of receipt of complete and valid documents, the bank reviews the application and informs the Fund of the result of the document processing.
3. After reviewing the loan application, the bank is responsible for submitting to the Fund the application for entrusted loan, including:
a) The bank's letter requesting the entrusted loan;
b) The documents specified in Clause 2 of this Article;
c) Project production and business documents and other supporting documents proving that the organization meets the borrowing conditions stipulated in Article 20 of this Decree.
4. The Fund is responsible for receiving and evaluating the application for entrusted loan and deciding to approve the bank's application for entrusted loan. Within ten working days from the date the Fund receives complete and valid documents from the bank, the Fund issues a written notification to the bank regarding approval or rejection of the entrusted loan application. In case of rejection, the Fund provides a written notification to the bank and clearly states the reasons for rejection.
5. After approving the bank's application for entrusted loan, the Fund is responsible for transferring the entrusted loan funds to the bank.
Article 24. Entrusted Loan Agreement
1. The entrusted loan agreement between the Fund and the bank must be established in a contract containing the following contents:
a) Information on the legal entity of the Fund and the bank, location, time of signing the contract;
b) Agreements on the amount of the loan, purpose of using the borrowed capital, term of the loan, currency of the loan, interest rate on the loan, collateral, receipt of borrowed capital, repayment of principal, recovery of interest, original loan, transfer of overdue debt, restructuring of debt repayment terms, effectiveness of the entrusted loan agreement;
c) Purpose of the entrusted loan; scope, content of the entrusted loan; term of the entrusted loan; fee for entrusted loan; entrusted capital; time of transferring entrusted capital; currency for implementing the entrusted (if any); early termination of the contract; dispute resolution;
d) Rights and obligations of the entrusting party and the entrusted party, including clearly stipulating that the entrusting party bears all risks and enjoys all benefits from the entrusted activity, and the entrusted party receives the entrusted fee.
2. In addition to the contents prescribed in Clause 1 of this Article, the parties may agree on other contents consistent with relevant laws.
3. The loan agreement between the bank and the customer must be consistent with the entrusted loan agreement between the Fund and the bank and other relevant legal provisions.
Article 25. Principles for Handling Loan Risks
1. The handling of risks must be based on the causes leading to the risk, the level of risk, business production and operation conditions, financial situation, and debt repayment capacity of the organization. The Director of the Fund is responsible for issuing Regulations on handling loan risks, which must include at least the following contents:
a) Principles for handling risks;
b) Cases and measures for handling risks;
c) Authority for handling risks;
d) Documents, procedures for handling risks;
đ) Use of risk reserves;
e) Reporting and responsibility systems of related agencies in handling risks of the Fund.
2. Risk handling shall be carried out in a manner that minimizes losses for the state and holds the Fund, borrower, and related organizations accountable for recovering the loan repayment.
3. The Fund shall consider and decide to convert entrusted loans into support for enterprises when the recovered capital is lower than the entrusted loan amount or cannot be recovered due to the invested enterprise going bankrupt, operating at a loss, or having negative net worth.
4. The Expert Council of the Fund is responsible for advising and proposing to the Director of the Fund to consider and decide on handling cases where the recovered capital is lower than the entrusted loan amount or cannot be recovered due to the invested enterprise going bankrupt, operating at a loss, or having negative net worth.
5. The Fund shall terminate the entrusted loan activities before the agreed term if there is a breach of contract, entrusted loan agreement, or if the conditions in the entrusted loan agreement are not met.
Section 2
COST SUPPORT
Article 26. Categories of Cost Support
1. Living expenses support for research students and scientists belonging to science and technology organizations whose research projects meet the conditions and criteria specified in Article 27 of this Decree, with a support level of VND 10 million/month.
2. Support for purchasing data resources for innovative startups, individuals, and individual groups meeting the conditions and criteria specified in Article 27 of this Decree, with a maximum support level of VND 1 billion/project, research project.
3. Support for renting workspace and incubation facilities for conducting research activities in the field of data science for innovative startups, individuals, and individual groups meeting the conditions specified in Article 27 of this Decree, with a maximum support level of VND 1 billion/project, research project.
4. Support for research work, policy and legal system construction, and institutional improvement for national data development and digital transformation, with a maximum support level of VND 1 billion/project, research project.
5. Support for leasing and purchasing information technology infrastructure and tools for activities related to building, developing, protecting, managing, and processing data for innovative startups, individuals, and individual groups meeting the conditions specified in Article 27 of this Decree, with a maximum support level of VND 1 billion/project, research project.
6. Support for paying interest on loans for the subjects specified in Clause 1 of Article 20 of this Decree who borrow funds from credit institutions to implement projects serving the construction, development, protection, management, and processing of data, with an interest support rate of 2%/year and not exceeding VND 1 billion/project, research project, except in cases where they have already borrowed funds from the Fund.
Article 27. Conditions and criteria for receiving support
1. Having research projects related to construction, development, protection, management, and data processing activities that have been approved by scientific and technological organizations when implementing.
2. Having feasible production and business projects exploiting intellectual property rights as stipulated in the Intellectual Property Law or new technologies as stipulated in the Technology Transfer Law, or new business models related to construction, development, protection, management, and data processing activities.
Article 28. Reimbursement of supported costs
1. Organizations and individuals who have received cost support must reimburse the amount of supported costs in the following cases:
a) Not meeting the criteria and conditions prescribed in this Decree;
b) Falsifying documents, using illegal receipts, or inaccurately declaring information leading to the receipt of cost support.
2. Organizations and individuals must return the entire amount of cost support received, plus interest calculated on the amount of support received at the average deposit rate for a 12-month term published at the time of reimbursement by four state-owned commercial banks with the largest total assets at the time of determining the obligation to reimburse, and bear penalties according to agreements, except where otherwise provided by relevant laws.
3. The number of days for calculating interest as prescribed in this Article shall be counted from the date the organization or individual receives the cost support amount to the date they submit the reimbursement amount, interest, and penalty payment to the Fund.
4. The deadline for submitting the reimbursement amount, interest, and penalty payment is based on the decision requiring reimbursement by the Fund. In case the organization or individual fails to submit the reimbursement amount to the Fund within the deadline specified in the Fund's decision requiring reimbursement, the Fund will issue a document requesting the competent authority to apply legal provisions to compel the organization or individual to reimburse the supported amount.
5. Organizations and individuals are responsible for submitting the full reimbursement amount, interest, and penalty payment as prescribed.
Article 29. Documents, procedures, and formalities for cost support
1. The application documents for support include:
a) A request letter containing the following information: Name of the organization or individual applying for support; personal or organizational identification code or passport number; contact address; contact phone number; items requested for support as stipulated in Article 26 of this Decree and other contents (if any);
b) Documentation on research projects and projects of the organization or individual, and documents proving that the organization or individual meets the conditions and criteria for receiving support as prescribed in Article 27 of this Decree.
2. Organizations and individuals submit the application documents for cost support at the Fund's headquarters or through postal services or other electronic means.
3. The Fund receives and reviews the completeness of the application documents for support; assesses the feasibility of the project and support conditions; issues a decision on support and notifies the organization or individual. Within ten working days from the date the Fund receives complete and valid application documents from the organization or individual, the Fund will issue a notification to the relevant organization or individual regarding approval or rejection of the application for cost support. If support is rejected, the Fund must issue a notification to the organization or individual explaining the reasons for rejection.
4. The Fund is responsible for issuing a review process, making decisions on support, and disbursing support funds according to the principle of clearly defining the responsibilities and obligations of related organizations and individuals during the review, decision-making, and disbursement processes.
5. The expert council reviews and checks the application documents, advising those in charge to consider and make decisions on cost support. The Fund may hire independent consultants to provide advice on support.
6. The currency for cost support is the Vietnamese Dong.
Article 30. Agreement on Cost Support
The agreement on cost support between the Fund and organizations or individuals must be documented in writing, ensuring compliance with the provisions of this Decree and including the following basic contents:
1. Information about the Fund and the organization or individual receiving support, location, and time of signing the agreement.
2. Agreements on the form of support, amount of support, purpose of using the supported funds, disbursement of the supported funds, and the validity of the support contract.
3. Rights, obligations, and responsibilities of each party; methods for resolving disputes arising during implementation and other agreements according to the management requirements of the Fund.
Article 31. Acceptance of Cost Support
1. Based on the acceptance dossier of cost support from organizations or individuals, the Fund proceeds to accept the cost support.
2. The acceptance dossier of cost support includes:
a) A request for acceptance of cost support from organizations or individuals;
b) Relevant documents, financial statements, payment vouchers related to the use of supported costs.
3. The Fund receives and evaluates the complete acceptance dossier of cost support; evaluates and accepts the cost support.
4. The Fund has the responsibility to issue procedures for evaluating and accepting cost support ensuring principles of equality and transparency.
5. Annually, organizations or individuals receiving support have the responsibility to send the Fund reports on the research and implementation status of projects that have received support or financial reports of the organization.
6. Organizations or individuals receiving cost support from the Fund have the responsibility to acknowledge the support of the Fund in published research results (clearly stating "Research funded by the National Data Development Fund"), and bear responsibility for the content of the publication according to laws on science and technology, publishing, intellectual property, and other relevant laws of Vietnam.
Section 3
SUPPORT FOR CAPACITY ENHANCEMENT
Article 32. Forms of Capacity Enhancement Support
Based on operational capital and annual plans, the Fund implements several forms of capacity enhancement support as follows:
1. Organizing seminars, exhibitions, competitions, communication, training, workshops, consulting related to the field of data science.
2. Promoting trade.
3. Promoting international cooperation in the field of data through research programs, expert exchanges, and organizing international events; prioritizing support for domestic enterprises to receive technology transfers related to data from international partners.
4. Awarding organizations or individuals with outstanding achievements in building, developing, protecting, managing, and processing data; organizations or individuals voluntarily contributing data under their ownership to Party agencies, State agencies, Vietnam Fatherland Front, political-social organizations.
Article 33. Management of Capacity Enhancement Support Activities
1. The Minister of Public Security shall stipulate the management of capacity enhancement support activities as provided in Article 32 of this Decree.
2. The total amount of capacity enhancement support in a year by the Fund shall not exceed 30% of the actual capital at the beginning of the fiscal year.
Section 4
ACTIVITIESINVESTMENT
Article 34. General Provisions on Investment by the Fund
1. The investment activities of the Fund in each project shall not exceed five years.
2. The Fund shall not invest in real estate; it shall not contribute capital or purchase shares in banks, insurance companies, securities companies, venture capital funds, stock investment funds, or securities companies, except in special cases decided by the Prime Minister.
3. The Fund shall not contribute capital, purchase shares, or acquire another enterprise where the management or representative of that enterprise has a familial relationship with the Director, Deputy Director, or Chief Accountant of the Fund as defined in the Enterprise Law.
The Fund shall not jointly invest with subsidiary companies to establish joint-stock companies, limited liability companies, or implement joint business contracts.
4. The Fund shall not use assets leased, borrowed, held in custody, or deposited for external investment.
5. The Fund's investments must align with its operational objectives and shall only be responsible for debts and other asset liabilities within the scope of the invested capital.
Article 35. Investment Targets
1. Innovative start-up enterprises providing products and services related to data.
2. Innovative start-up enterprises implementing projects on production and business concerning the application of science, technology, innovation in construction, development, protection, management, processing, and utilization of data.
Article 36. Forms, Conditions, and Levels of Investment by the Fund
1. Forms of investment by the Fund
a) Capital contribution for establishment;
b) Purchase of shares or equity contributions of enterprises.
2. Conditions and levels of investment
a) The innovative start-up enterprises specified in Article 35 of this Decree are those that have not been listed on stock exchanges; are not public companies; and have a registered capital exceeding VND 2 billion;
b) Level of investment: The Fund invests VND 1 billion per enterprise.
Article 37. Handling Investment Risks
1. In cases where the recovery of capital is lower than the level of investment or cannot be recovered due to the invested enterprise going bankrupt, operating at a loss, or having negative net assets, the Fund shall consider and decide to convert the investment into support for the enterprise.
2. The Expert Council of the Fund is responsible for advising and proposing to the Director of the Fund to consider and decide on handling cases where the recovery of capital is lower than the level of investment or cannot be recovered due to the invested enterprise going bankrupt, operating at a loss, or having negative net assets.
3. The Fund shall withdraw its investment before the term when there is a breach of the investment contract or agreement, or when the conditions stipulated in the investment agreement are not met.
Chapter V
FINANCIAL MANAGEMENT
Article 38. Principles for Managing and Using Capital, Assets, Revenue, Expenses, and Distribution of Results of Operations of the Fund
1. The Fund must manage and use capital according to the principle of correct purpose and effectiveness.
2. The revenue and expenses of the Fund must be strictly managed to ensure accuracy, honesty, and legality; all necessary documentation and vouchers must be kept in accordance with the law and reflected fully in the accounting books under the applicable accounting regulations and relevant laws.
Article 39. Asset Management
1. The Fund establishes a Regulation on the management of procurement activities and fixed asset management, to be approved by the Director of the Fund in accordance with the Charter of the Fund and relevant laws. The Regulation must clearly define the cooperation of each management department within the Fund, and specify the compensation responsibilities of each department and individual in cases of damage, loss, or depreciation of assets causing losses to the Fund.
2. Procurement of Fixed Assets by the Fund
a) The Director of the Fund decides on investment, procurement of fixed assets, standards, quotas, procedures, and processes for investment, procurement, and repair of fixed assets of the Fund, ensuring transparency, thrift, and efficiency;
b) The procurement of fixed assets for the operation of the Fund shall follow the principle that the remaining value of total fixed assets does not exceed 5% of the Fund's operational budget at the time of procurement.
3. Principles of Depreciation, Management, Usage, and Time of Depreciation of Fixed Assets: The Fund implements the provisions on depreciation of fixed assets applicable to enterprises.
4. Leasing of Fixed Assets
a) The Fund has the right to lease or sublease fixed assets according to the principles of efficiency, preservation, and development of capital as prescribed by law for enterprises;
b) The Director of the Fund decides on leasing or subleasing fixed assets of the Fund.
5. Liquidation, Transfer, Sale of Fixed Assets
a) The Fund has the right to proactively liquidate, transfer, or sell fixed assets that are damaged, obsolete, unused, or inefficiently used to recover capital according to the principles of transparency, safety, and security;
b) The Director of the Fund decides on the liquidation, transfer, or sale of fixed assets of the Fund;
c) The procedures and processes for the liquidation, transfer, or sale of fixed assets of the Fund shall be carried out in accordance with the laws applicable to enterprises.
6. Inventory and Revaluation of Fixed Assets
a) The Fund must organize regular or ad hoc inventory to determine the quantity of fixed assets in the following situations: when closing the accounting books to prepare annual financial reports; after natural disasters, fires, unexpected accidents, or other objective reasons causing changes in the Fund's assets; as required by competent state agencies;
b) For surplus or missing assets, the cause must be identified, responsibility assigned to the relevant enterprises, organizations, or individuals, and material compensation determined according to the law;
c) The Fund must revalue its assets in accordance with the laws applicable to enterprises. Any differences in value resulting from revaluation shall be handled according to specific regulations for each case.
7. When suffering asset losses, the Fund must determine the value of the lost assets, the cause, responsibility, and handle it as follows:
a) Clearly identify objective causes (natural disasters, fires, unexpected accidents) and subjective causes;
b) If the cause is subjective, the enterprise, organization, or individual causing the loss must compensate and be dealt with according to the law. The Fund will specify the compensation and decide on the appropriate amount of compensation in accordance with the law, and bear responsibility for its decision;
c) If the asset was insured according to the law, it shall be handled according to the insurance contract;
d) The value of the lost asset, after being compensated by the enterprise, organization, or individual causing the loss, and by the insurance organization, shall be recorded as an expense for the period;
đ) In special cases caused by natural disasters, fires, or force majeure resulting in serious damage that the Fund cannot overcome itself, the Director of the Fund shall report the plan to handle the loss for approval by the Minister of Public Security.
Article 40. Revenue
The revenue of the Fund includes revenue from investment activities, financial activities, and other income earned by the Fund, including:
1. Interest on loans and other revenues from lending activities.
2. Dividends, profits distributed in cash from investment activities; interest from transferring investment capital.
3. Revenues from managing sponsored, donated, contributed, entrusted, and gifted funds (if any).
4. Income from deposit interest.
5. Interest and other revenues from joint venture and associated activities.
6. Income from liquidation and sale of assets; insurance compensation received (the remaining amount after compensating for losses incurred); fines, breach of contract compensation, indemnities; recovered amounts from written-off bad debts using risk provisions; foreign exchange gains (if any).
7. Other revenues as prescribed by law.
Article 41. Expenses
The expenses of the Fund include necessary costs incurred during the period for the Fund's operations, including:
1. Operational expenses
a) Entrusted loan fees and cost support expenses including: entrusted loan fees, cost support expenses; application review fees; inspection and supervision fees; acceptance fees for cost support and entrusted loans; and other related expenses.
b) Expenses for capacity enhancement support activities.
c) Expenses for receiving and managing sponsored, donated, contributed, entrusted, and voluntary gifts from domestic and foreign enterprises, organizations, and individuals.
d) Provisions for risk reserves and other provisions (if any).
đ) Insurance expenses as prescribed by law; idle capital placement expenses; foreign exchange rate differences expenses.
e) Other operational expenses.
2. Administrative expenses
a) Labor and management expenses including: wages, salaries, remuneration, bonuses, allowances; rewards; welfare; subsidies; other expenses for labor and management as prescribed by enterprise laws and relevant laws.
b) Management activity expenses including: training expenses; scientific research and technology application expenses; publicity, advertising, marketing expenses; information technology expenses; party and mass organization activity expenses; office supplies, document, book expenses; electricity, water, telephone, postal and telecommunications, office cleaning expenses; conference, seminar, training, propaganda, printing material expenses; goods and service purchase expenses; transaction, external affairs, forum, network participation expenses; international cooperation expenses; inspection, supervision, audit expenses; domestic and foreign expert and consultant hiring expenses; transportation expenses and other management activity expenses.
c) Construction, procurement, maintenance, repair asset expenses; depreciation of fixed assets; rental expenses under lease contracts; asset liquidation and sale expenses; asset insurance expenses; tool and equipment procurement expenses; other expenses for asset management and utilization.
3. Tax payment expenses, fees, and charges as prescribed by law.
4. Expenses for unrecovered revenues that have been accounted for; expenses for payable debts; expenses for recovering written-off debts; bad debt recovery expenses; penalty and economic contract breach compensation expenses; asset loss handling expenses as prescribed by law; social charity work expenses; litigation and enforcement fees.
5. Other expense items.
6. Expense standards prescribed in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article shall be implemented according to the regulations of the law applicable to state-owned single-member limited liability companies holding 100% of the charter capital. In cases where the law does not provide for such regulations, the Fund will base its expense standards and expenditure decisions on its financial capabilities to ensure appropriateness and effectiveness.
7. Expense items that cannot be included in expense accounting:
a) Losses compensated by the State or insurance agencies, or by the responsible parties.
b) Administrative violation penalties as prescribed by law and borne by individuals.
c) Expenses without valid invoices or receipts.
d) Expenses from other funding sources.
đ) Support expenses for agencies, organizations, and individuals.
e) Expenses exceeding the internal expense regulation limits set by the Fund and other relevant legal documents.
Article 42. Management of Revenue and Expenses
1. The Director of the Fund shall be responsible to the Ministry of Public Security and under the law for organizing strict management to ensure the accuracy, honesty, and legality of all revenue, other income, and operating expenses of the enterprise.
2. All revenue, other income, and expenses arising from the activities of the Fund must have complete documentation and vouchers in accordance with the provisions of the law and must be fully reflected in the accounting books of the Fund according to the current enterprise accounting regulations.
3. Revenue, other income, and operating expenses of the Fund shall be determined in Vietnamese Dong; in cases where income or expenditure is in foreign currency, it must be converted into Vietnamese Dong in accordance with the current legal provisions.
4. The Fund must accurately calculate all production and business operating expenses, cover all expenses through its revenues, and bear responsibility for the results of the Fund's operations.
5. The determination of revenue, income, and expenses to determine tax obligations and other financial obligations of the Fund shall be carried out in accordance with the legal provisions on taxation and other relevant laws.
6. The Director of the Fund shall issue internal expenditure regulations, including appropriate expenditure standards based on the actual operational situation of the Fund, ensuring compliance with this Decree and other relevant legal provisions.
Article 43. Distribution of Financial Results
1. The annual financial result of the Fund is the difference between total income and total expenses incurred during the fiscal year.
2. After paying taxes and state budget contributions as stipulated in this Decree and the Tax Law (if applicable), if total income exceeds total expenses, the surplus shall be distributed as follows:
a) Allocate 20% to the development investment fund;
b) Allocate 10% to the financial reserve fund; the maximum balance of the financial reserve fund shall not exceed 25% of the Fund’s charter capital;
c) Allocate up to a maximum of three months' salary and allowances of Fund staff to the reward and welfare fund; allocate up to a maximum of 1.5 months' salary of managers to the manager reward fund;
d) In cases where the remaining surplus after allocating funds as prescribed in points a, b, and c of this clause is insufficient to allocate funds as prescribed in point d of this clause, the Fund may reduce the allocation to the development investment fund to make up the shortfall but the reduction shall not exceed the amount allocated to the development investment fund in the fiscal year;
e) Any remaining surplus (if any) after allocating the above funds shall be added to the development investment fund of the Fund.
3. The level of allocation to the reward and welfare funds of the Fund shall be based on the classification of the Fund's performance as stipulated in Article 49 of this Decree:
a) For Class A Funds, the maximum allocation shall not exceed three months' average salary and allowances paid by the Fund for the reward and welfare funds;
b) For Class B Funds, the maximum allocation shall not exceed 1.5 months' average salary and allowances paid by the Fund for the reward and welfare funds;
c) For Class C Funds, the maximum allocation shall not exceed one month's average salary and allowances paid by the Fund for the reward and welfare funds.
4. In cases where the Fund's managers complete their tasks or better, the allocation to the manager reward fund shall be as follows based on the Fund's classification:
a) For Class A Funds, the maximum allocation shall not exceed 1.5 months' salary of the manager;
b) For Class B Funds, the maximum allocation shall not exceed one month's salary of the manager;
c) For Class C Funds, no allocation to the manager reward fund shall be made.
5. The Director of the Fund shall decide on the allocation and temporary allocation to the reward and welfare funds, manager reward fund, development investment fund, and financial reserve fund as stipulated in Clause 2 of this Article.
Article 44. Management and use of established funds
1. The use of funds must comply with regulations, purposes, and specific objects as follows:
a) Establish rules for managing and using funds according to the provisions of the law, ensuring democracy, transparency, and public disclosure before implementation.
b) Within the fiscal year, the Fund may proactively set aside funds based on its operational results to have resources for using the funds according to the prescribed purposes.
c) The standards for rewarding employees and welfare expenses shall be issued by the Director of the Fund.
2. Purposes of using funds after revenue-expenditure differences:
a) The development investment fund is used for expanding the scale of operations, modernizing technology, equipment, working conditions of the Fund, and supplementing the registered capital of the Fund.
b) The financial reserve fund is used to cover the remaining losses and damages to assets and unrecoverable debts occurring during operations after being compensated through the disposal of collateral (if any), compensation from organizations or individuals causing the loss, and insurance organizations, and using reserves established in costs as stipulated in this Decree.
c) The reward fund for staff and workers is used to periodically or exceptionally reward staff and workers of the Fund who have innovative ideas improving technical processes or making significant contributions to the Fund's activities.
d) The welfare fund is used for sports, cultural, and public welfare activities for the collective of staff and workers of the Fund; providing regular and exceptional hardship allowances to staff and workers of the Fund.
đ) The reward fund for managers can be used to reward the managers of the Fund.
Article 45. Accounting and auditing systems
1. The Fund implements accounting regulations for state financial funds outside the budget.
2. The fiscal year of the Fund starts on January 1st and ends on December 31st each year.
3. The Fund organizes its accounting staff in accordance with the law on accounting and internal regulations of the Fund.
4. The Fund must organize accounting and statistical work according to current laws; record initial vouchers, update accounting books, ensuring comprehensive, timely, truthful, accurate, and objective reflection of economic and financial activities. The annual financial report of the Fund must be audited before submission to state agencies and before public disclosure.
Article 46. Final Accounts Report
1. The Fund must prepare quarterly and annual financial reports. The annual financial report of the Fund must be audited by an independent auditing organization established and operating in accordance with the law.
At the end of the accounting period (quarter, year), the Fund must prepare, present, and submit financial reports and statistical reports to state agencies and publicly disclose finances according to current laws. The Director of the Fund is responsible for the accuracy and truthfulness of financial and statistical reports and the public disclosure of finances. In addition to periodic reports submitted as required, the Fund must prepare and submit special reports when requested by the Ministry of Public Security and state management agencies.
2. Annually, the Fund prepares final accounts and financial reports for review and approval by the Ministry of Public Security.
3. After receiving approval, the Director of the Fund decides to send the audited financial report of the year to the Ministry of Public Security and the competent authority.
4. Reports must be sent no later than 90 days after the end of the fiscal year. The audit report on the Fund's annual financial report, conducted by an independent auditing organization, must be sent no later than 120 days after the end of the fiscal year.
5. The Fund must implement financial transparency in accordance with the law.
6. The final account figures of the Fund must be reconciled and confirmed with the State Treasury where transactions take place.
7. The content of the Fund's final accounts report must conform to the items listed in the state budget estimate assigned and the state budget schedule.
8. Any revenues of the Fund that do not comply with the law must be refunded to the agencies, organizations, units, or individuals that paid them; any revenues of the Fund that have not been collected must be fully recovered; any expenditures of the Fund that do not comply with the law must be fully recovered.
9. The report must be accompanied by an explanatory note evaluating the results and effectiveness of the Fund's performance.
10. The Fund shall implement the provisions of the State Budget Law and this Decree regarding the preparation, execution, finalization, and auditing of the portion of the state budget support.
11. Annually, the Ministry of Public Security reports to the competent authority on the implementation of the financial plan, the next year's financial plan, and the finalization of the Fund's income and expenditure.
12. Annually, the Fund balances sources and prepares budgets for its financing, support, lending, investment, and management activities, reporting to the Minister of Public Security for approval.
13. The Fund transfers surplus funds from the fiscal year to the following year according to the State Budget Law and related documents.
Chapter VI
SUPERVISION AND EVALUATION OF ACTIVITIES
Article 47. Supervision of the Fund's Activities
1. The Fund shall be responsible for establishing and operating an internal supervision system to ensure effective operations consistent with its functions, tasks, and authorities as stipulated in this Decree.
The internal supervision system of the Fund includes mechanisms, policies, regulations, procedures, organizational structure, and personnel of the Fund, which are established in accordance with the provisions of this Decree and implemented to control, prevent, detect, and promptly address risks in the Fund's activities.
2. Annually, the Fund must report to the Ministry of Public Security on the results of its operations, including the results of support activities, capital management effectiveness, risk assessment, limitations in the Fund's operations, and recommendations and proposals for appropriate solutions.
3. The Ministry of Public Security shall organize supervision through reports from the Fund to identify financial risks, limitations in the Fund's management, the effectiveness of the Fund's operations, and provide timely warnings and solutions according to legal regulations on financial supervision, assessing operational effectiveness, and disclosing financial information of state-owned enterprises. The content of supervision is carried out in accordance with the provisions of Article 48 of this Decree.
Article 48. Content of Supervision of the Fund's Activities
1. Management and utilization of the operational budget, other sources of funds, annual operating expenses, and assets of the Fund.
2. Results of the Fund's operations.
3. Implementation of salary, bonus, and remuneration systems of the Fund.
4. Other supervisory contents as required by the Ministry of Public Security.
Article 49. Evaluation of the Fund's Operational Results
1. The Ministry of Public Security shall conduct an annual evaluation of the Fund's operational results and classification.
2. Annual performance evaluation indicators for the Fund include:
a) Indicator 1: Loan growth, financing turnover;
b) Indicator 2: Non-performing loan ratio;
c) Indicator 3: Total income minus total expenses;
d) Indicator 4: Compliance with laws on investment, management, and use of capital and assets of the Fund, obligations to the state budget, compliance with annual financial reporting regulations and annual operational reporting requirements of the Fund;
e) Indicator 5: Degree of completion according to plans regarding quantity, scale, fields, and effectiveness of tasks and projects supported financially by the Fund.
3. Objective factors to be considered and excluded when evaluating the Fund's operations:
a) Natural disasters, fires, epidemics, economic-political fluctuations, wars, and other force majeure causes;
b) Changes in related policies affecting the support activities and operational results of the Fund.
4. The Minister of Public Security shall issue regulations and guidelines for evaluating operational results and classifying the Fund.
Chapter VII
IMPLEMENTING PROVISIONS
Article 50. Responsibilities of the Ministry of Public Security
1. To take the lead and coordinate with competent agencies to report to the Prime Minister for allocation of the operational budget; decide on increases or decreases in the operational budget of the Fund.
2. To promulgate the charter, financial regulations, and operational regulations of the Fund; decide on appointment, reappointment, dismissal, evaluation, commendation, disciplinary action, and policy benefits for managerial positions of the Fund.
3. To implement ranking of the Fund according to legal provisions and evaluate operational results and annual classification of the Fund.
Article 51. Responsibilities of the Fund
1. Receiving, managing, and using effectively in accordance with the provisions of the Fund's Charter all sources of operating capital as prescribed.
2. The Fund shall self-supervise all income and expenditure activities according to internal spending regulations to ensure compliance with current laws and shall be responsible under the law for its own activities.
3. The Fund has the responsibility to issue procedures for receiving, evaluating, and making decisions to approve applications for entrusted loans in accordance with the principle of clearly defining the responsibilities and obligations of the relevant parties.
Article 52. Responsibilities of organizations and individuals receiving loans, support, and investments from the Fund
1. Using loans, support, and investments for their intended purposes in accordance with agreements signed between the Fund and the relevant parties.
2. Repaying the principal, interest, and any incurred costs on time and in full to the bank in accordance with the loan agreement signed with the bank.
3. Adhering strictly to the law and fulfilling all commitments and obligations as agreed upon in the agreements signed between the Fund and the relevant parties.
4. Providing timely, complete, accurate, and truthful information and documents related to borrowing and the use of support funds from the Fund, and being responsible under the law for the accuracy and legality of the provided information and documents.
Article 53. Effectiveness and Responsibility for Implementation
1. This Decree takes effect from July 1, 2025.
2. Ministers of ministries, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.
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PRIME MINISTER DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER Nguyen Sinh Nhat Tan Ho Duc Phoc |
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