Circular No. 196/2013/TT-BTC amends and supplements Circular No. 107/2008/TT-BTC dated November 18, 2008 of the Ministry of Finance guiding additional points on the management and operation of the state budget.

CIRCULAR

Amending and supplementing Circular No. 107/2008/TT-BTC

dated November 18, 2008of the Ministry of Finance guiding the supplementation of certain points

on management,concerning state budget administration

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Pursuant to the State Budget Law No. 01/2002/QH11 dated December 16, 2002;

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;

Pursuant to Decree No. 01/2011/NĐ-CP dated January 5, 2011 on the issuance of government bonds, government-guaranteed bonds, and local government bonds;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to the proposal of the Director of the State Budget Department;

The Minister of Finance promulgates this Circular amending and supplementing Circular No. 107/2008/TT-BTC dated November 18, 2008 guiding the supplementation of certain points on management and state budget administration (hereinafter referred to as Circular No. 107/2008/TT-BTC), as follows:

Article 1. Amending and supplementing the provisions regarding the payment of issuance fees and bond settlement fees for the State Treasury that are entitled to under Point a, Clause 6, Section II of Circular No. 107/2008/TT-BTC as follows:

"- For issuance fees and bond swap fees for government bonds that the State Treasury is entitled to according to the prescribed regulations, the following shall be implemented:

Annually, based on the plan of capital raising tasks through the issuance of government bonds and the bond swap tasks assigned to the State Treasury to implement, the Ministry of Finance will allocate the state budget expenditure estimate for the State Treasury to carry out the issuance and bond swap tasks for government bonds.

Based on the state budget expenditure estimate allocated by the Ministry of Finance, quarterly, the State Treasury will temporarily deduct the issuance fee that it is entitled to from the central government's account and record the expenditure according to the regulations; at the same time, compile and report to the Ministry of Finance on the situation of the deduction for the payment of issuance fees, settlement fees, and bond swap fees for government bonds (including both the fee deducted for the State Treasury and other entities). The maximum temporary deduction amount shall not exceed the issuance fee that the State Treasury is entitled to according to the prescribed regulations calculated based on the successful issuance and bond swap results of government bonds in the quarter and the total amount of temporarily deducted funds must be within the scope of the allocated state budget expenditure estimate. In cases where the issuance fee that the State Treasury is entitled to exceeds the annual state budget expenditure estimate already allocated, the State Treasury will report to the Ministry of Finance for consideration and decision to allocate additional state budget expenditure estimates to the State Treasury.

At the end of the year, the State Treasury will report the final results of the issuance and bond swap of government bonds; the financial resources that the State Treasury is entitled to for the issuance, settlement, and bond swap of government bonds; the amount of temporarily deducted funds and the management and use of these funds with the Ministry of Finance for review and approval according to the regulations. If the temporarily deducted amount is greater than the officially approved amount, the excess amount must be refunded to the central government budget according to the regulations. If the temporarily deducted amount is less than the officially approved amount, the shortfall will be handled in the next year's budget estimate. Any remaining budget estimate at the end of each year, after the State Treasury has deducted the entitled fees, will be cancelled according to the regulations."

2. The Director of the Office, the Director of the Telecommunications Department; Heads of agencies and units under the Ministry; Directors of Provincial Departments of Information and Communications; General Directors, Directors of telecommunications enterprises and organizations and individuals related to this matter are responsible for implementing this Circular.

1. This Circular takes effect from February 2, 2014 and applies from the 2014 fiscal year.

2. During the implementation process, if there are any difficulties, please promptly reflect them to the Ministry of Finance for study and guidance./.