Circular No. 18/TC-ĐTPT supplements and amends guidelines on the management regime of the Japan Overseas Economic Cooperation Fund (OECF) loan sources for construction projects. This Circular stipulates the method of transferring funds to pay suppliers of goods and services under signed contracts.
Đối tượng áp dụng
Project sponsors using OECF loan sources
Các điểm cốt lõi
- Project sponsors → apply the method of transferring funds to pay suppliers of goods and services for the portion of contracts denominated in Vietnamese Dong after receiving payment requests from suppliers.
- After receiving approval notification from the Ministry of Finance, suppliers → fulfill their obligations under the signed contracts.
- Project sponsors → prepare and submit payment request files to the Ministry of Finance including the supplier's payment request with sponsor confirmation, a summary of payment contents.
- The Ministry of Finance (General Department of Investment Planning) → review the files and process withdrawal procedures to transfer funds with OECF within three working days from the date of receipt of complete payment request files from project sponsors.
- Fees of the Bank of Tokyo and the Vietnam Foreign Trade Bank → are directly collected by the Vietnam Foreign Trade Bank from project sponsors, fees of the General Department of Investment Planning are collected from interest paid periodically by project sponsors according to the credit agreement.
🌐 Tác động xã hội từ văn bản này
- Save time and effort for project sponsors in payment processes.
- Enhance the efficiency of managing OECF loan sources.
- Reduce financial risks for project sponsors through regulations on fee collection from interest.
❓ Câu hỏi thường gặp
When can project sponsors apply the method of transferring funds?
Project sponsors may apply the method of transferring funds to pay suppliers of goods and services for the portion of contracts denominated in Vietnamese Dong after receiving payment requests from suppliers.
What is the timeframe for the Ministry of Finance to process payment request files?
The Ministry of Finance (General Department of Investment Planning) will review the files and process withdrawal procedures to transfer funds with OECF within three working days from the date of receipt of complete payment request files from project sponsors.
How are fees of the Bank of Tokyo and the Vietnam Foreign Trade Bank collected?
Fees of the Bank of Tokyo and the Vietnam Foreign Trade Bank are directly collected by the Vietnam Foreign Trade Bank from project sponsors, fees of the General Department of Investment Planning are collected from interest paid periodically by project sponsors according to the credit agreement.
What documents must project sponsors prepare to request payment?
Project sponsors must prepare and submit the following documents to the Ministry of Finance (General Department of Investment Planning): the supplier's payment request with sponsor confirmation, a summary of payment contents.
When does this Circular take effect?
This Circular takes effect from the date of signature.
Toàn văn
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MINISTRY OF FINANCE |
SOCIALIST REPUBLIC OF VIETNAM |
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NUMBER: 18TC/ĐTPT |
HA NOI, March 12, 1996 |
CIRCULAR
OF THE MINISTRY OF FINANCE
SUPPLEMENTING AND AMENDING GUIDELINES ON THE MANAGEMENT OF LOAN FUNDS FROM THE JAPANESE OVERSEAS ECONOMIC COOPERATION FUND (OECF) FOR CONSTRUCTION PROJECTS borrow from the Japan Overseas Cooperation Agency (OECF) for basic construction projects
BASED ON THE GOVERNMENT DECREE NO. 20/CP DATED MARCH 15, 1994 ON REGULATIONS ON THE MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE FUNDS;BASED ON THE GOVERNMENT DECREE NO. 58/CP DATED AUGUST 30, 1993 ON REGULATIONS ON THE MANAGEMENT OF FOREIGN LOANS AND DEBTS;
BASED ON THE GOVERNMENT DECREE NO. 177/CP DATED OCTOBER 20, 1994 ON REGULATIONS ON INVESTMENT MANAGEMENT AND CONSTRUCTION;
BASED ON THE CREDIT AGREEMENTS SIGNED BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE JAPANESE OVERSEAS ECONOMIC COOPERATION FUND (OECF) AND THE AMENDMENTS AND SUPPLEMENTS TO THE LOAN AGREEMENTS SIGNED BETWEEN THE MINISTRY OF FINANCE ON BEHALF OF THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND OECF ON AUGUST 14, 1995;
TO PROMPTLY MEET THE NEEDS FOR WITHDRAWAL AND MANAGEMENT OF CAPITAL FOR INVESTMENT AND CONSTRUCTION PROJECTS USING OECF LOAN FUNDS;
THE MINISTRY OF FINANCE SUPPLEMENTS AND AMENDS SOME POINTS OF CIRCULAR NO. 95 TC/ĐT DATED NOVEMBER 14, 1994 AS FOLLOWS:
1. ADDING THE FOLLOWING CONTENT TO POINT 8, SECTION II (METHODS OF WITHDRAWAL AND PAYMENT):
e. TRANSFER METHOD:
THIS METHOD IS APPLICABLE WHEN THE INVESTOR WISHES TO WITHDRAW FUNDS FROM OECF TO PAY THE PROVIDER OF GOODS AND SERVICES FOR THE PART OF THE CONTRACT DENOMINATED IN VIETNAMESE DONG IMMEDIATELY AFTER RECEIVING THE PAYMENT REQUEST FROM THE PROVIDER.
(THE IMPLEMENTATION SCHEME OF THIS METHOD IS STATED IN ATTACHMENT 4)
AFTER RECEIVING THE APPROVAL NOTICE FROM THE MINISTRY OF FINANCE REGARDING THE CONTRACT SIGNED BETWEEN THE INVESTOR AND THE PROVIDER (AS PROVIDED IN THE GUARANTEE METHOD), THE PROVIDER PERFORMS ITS OBLIGATIONS TOWARDS THE INVESTOR ACCORDING TO THE SIGNED CONTRACT.
THE PAYMENT REQUEST FROM THE PROVIDER INCLUDES THE ADVANCED CAPITAL AND THE PROGRESS PAYMENT AS SPECIFIED IN THE CONTRACT.
THE INVESTOR, AFTER RECEIVING THE PAYMENT REQUEST, BASED ON THE SIGNED CONTRACT, SHALL CHECK THE LEGALITY OF THE PAYMENT REQUEST. THEREAFTER, IT SHALL PREPARE AND SEND THE FOLLOWING DOCUMENTS TO THE MINISTRY OF FINANCE (INVESTMENT MANAGEMENT GENERAL DEPARTMENT AND FOREIGN FINANCE DEPARTMENT):
+ THE PAYMENT REQUEST FROM THE PROVIDER WITH THE ENDORSEMENT OF THE INVESTOR (IN ACCORDANCE WITH THE TEMPLATE GUIDED BY OECF)
+ A SUMMARY OF THE PAYMENT CONTENT.
WITHIN THREE WORKING DAYS FROM THE DATE OF RECEIPT OF THE COMPLETE PAYMENT REQUEST DOCUMENTS FROM THE INVESTOR, THE MINISTRY OF FINANCE (INVESTMENT MANAGEMENT GENERAL DEPARTMENT) SHALL REVIEW THE DOCUMENTS. IF THERE ARE NO OBJECTIONS TO THE INVESTOR'S REQUEST, IT SHALL PROCEED WITH THE PROCEDURE TO WITHDRAW FUNDS FOR TRANSFER TO OECF (FOREIGN FINANCE DEPARTMENT). THE DOCUMENTS FOR THE FUNDS WITHDRAWAL REQUEST FOR TRANSFER TO OECF INCLUDE:
+ THE FUNDS WITHDRAWAL REQUEST
+ THE PAYMENT REQUEST FROM THE PROVIDER WITH THE ENDORSEMENT OF THE INVESTOR.
+ A SUMMARY OF THE PAYMENT CONTENT.
THE FEES OF THE TOKYO BANK AND THE VIETNAM FOREIGN TRADE BANK ARE COLLECTED DIRECTLY FROM THE INVESTORS BY THE VIETNAM FOREIGN TRADE BANK, WHILE THE FEES OF THE INVESTMENT MANAGEMENT GENERAL DEPARTMENT ARE COLLECTED FROM THE INTEREST PAID BY THE INVESTORS IN EACH PERIOD IN ACCORDANCE WITH THE CREDIT AGREEMENT.
THIS CIRCULAR TAKES EFFECT FROM THE DATE OF ISSUANCE. OTHER PROVISIONS OF CIRCULAR NO. 95 TC/ĐT DATED NOVEMBER 14, 1994 THAT DO NOT CONTRADICT THIS CIRCULAR REMAIN IN FORCE.
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Le Thi Bang Tam (Signed) |
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