254-TC/VT

REGULATIONS

OF THE MINISTRY OF FINANCE NUMBER 254-TC/VT DATED JULY 18, 1991 ON PROCEDURES FOR RECEIVING FOREIGN CURRENCY AND INTERNATIONAL AID GOODS

Pursuant to Decision No. 142/HDBT dated May 10, 1990 of the Council of Ministers and Circular No. 674-TC/TCCB dated May 23, 1991 of the Ministry of Finance regarding the tasks, authorities, organization, and activities of the International Aid Reception Management Board, the Ministry of Finance hereby stipulates the procedures for receiving foreign currency and international aid from organizations as follows:

I- SCOPE OF APPLICATION

1. Cases applicable under this provision:

- Foreign currency and aid goods (reimbursable or non-reimbursable) from governments (bilateral aid).

- Foreign currency and aid goods from intergovernmental organizations (multilateral aid).

- Foreign currency and aid goods from United Nations organizations (United Nations aid).

- Foreign currency and aid goods from non-governmental organizations (NGOs).

- Foreign currency and aid goods (non-reimbursable) sent by foreign scientific organizations under scientific cooperation programs for domestic scientific agencies.

- Sample goods within the framework of projects, programs, and agreements already agreed upon in the signed documents between the Government of Vietnam and the aid organizations.

2. Cases not covered by this provision:

- Foreign currency and aid goods from international religious organizations for religious organizations in the country aimed at serving purely religious activities.

- Goods marked as gifts (Gifts) or donations from foreign individuals or organizations sent to domestic organizations or individuals; promotional goods or sample goods sent by foreign companies to domestic companies (business partners).

II - SPECIFIC PROVISIONS

A- PROCEDURES TO BE FOLLOWED.

To receive foreign currency and aid goods, units must carry out the following procedures:

A1. If the aid is in the form of foreign currency.

1. Obtain a confirmation certificate from the International Aid Reception Management Board.

2. Go to the bank to present the confirmation certificate to process the withdrawal of funds (according to the notification of receipt of foreign currency).

3. Report the results of receiving the money to the International Aid Reception Management Board if necessary.

A2. If the aid is in the form of goods.

1. Obtain a confirmation certificate from the International Aid Reception Management Board.

2. Apply for an import permit for goods from the authority issuing import/export permits (Ministry of Trade).

3. Apply for an exemption from import tax for the aid shipment at the Import/Export Tax Department of the General Tax Administration (Ministry of Finance) according to the guidance in Circular No. 600-TC/CTN dated April 21, 1990 of the Ministry of Finance.

After obtaining all the required documents (confirmation certificate for aid goods; import permit; exemption from import tax), the unit proceeds with the following steps:

If the goods arrive by air.

4. Go to the Ha Noi Noi Bai Airport Customs Office (Ha Noi) or Tan Son Nhat Airport Customs Office (Ho Chi Minh City) to declare customs (according to the notification of receipt of goods).

5. Subsequently, the unit goes to the airport cargo department to issue a receipt for the goods and settle the actual quantity received with the warehouse.

6. Go to the International Aid Reception Management Board to process complaints and compensation if discrepancies arise in excess, shortage, loss, incorrect type, or price compared to the declaration.

7. Report the results of inventory, evaluation, and distribution of the actually received goods to the International Aid Reception Management Board.

If the goods arrive by sea.

4. Go to the Customs Office to declare customs (according to the notification of receipt of goods).

5. Go to the transport agency (or transport agent) to collect the receipt for the goods (according to the notification of receipt of goods).

6. Go to the port warehouse office to collect the delivery order.

7. Go to the port storage warehouse to receive the goods.

8. Settle the actual quantity received with the warehouse and the port warehouse office.

9. Go to the International Aid Reception Management Board to process complaints and compensation if discrepancies arise in excess, shortage, loss, incorrect type, or price compared to the declaration.

10. Report the results of inventory, evaluation, and distribution of the actually received goods to the International Aid Reception Management Board.

B- PROCEDURES FOR CONFIRMATION AND COMPLAINTS.

1. Confirmation Procedures.

All Ministries, General Departments, State Committees, People's Committees of provinces, cities, centrally governed municipalities, associations, mass organizations, economic establishments both state-owned and non-state-owned... (collectively referred to as units) must go to the International Aid Reception Management Board to process the confirmation of foreign currency and aid goods upon receipt of the notification of aid funds and goods.

Confirmation Address:

+ In Ha Noi: No. 4 Phan Huy Chu Street.

+ In Da Nang: No. 48 Pasteur Street.

+ In Ho Chi Minh City: No. 138 Xo Viet Nghe Tinh Street.

- The confirmation procedures and model certificates for foreign currency and aid goods are uniformly applied throughout the country.

- Units receiving and using foreign currency and aid goods have the responsibility to accurately and fully declare foreign currency and aid goods according to the items in the model confirmation certificate for foreign currency and aid goods issued by the Ministry of Finance (International Aid Reception Management Board).

- The International Aid Reception Management Board has the responsibility to guide the procedures, check the documents, and certificates of goods to quickly confirm foreign currency and aid goods for units.

- The maximum time limit for confirming foreign currency and aid goods is three days from when the unit has all the required documents to process the confirmation of aid.

- In cases where aid shipments have procedural issues, the International Aid Reception Management Board has the responsibility to guide units to complete the necessary procedures to submit to the competent state authority for decision.

2. Necessary Documents for Confirmation.

When processing confirmation, units must have the following complete documents:

a. Basic Documents.

For foreign currency and aid goods from governments, intergovernmental organizations, and United Nations organizations, the basic documents that must be provided include:

- Project, program, and agreement on aid officially signed by authorized representatives of the aid organization and Vietnam, including appendices containing:

+ List of goods and types approved by the competent authority.

+ Foreign currency amounts (cash or checks) clearly stated in each budget item of the project, program, agreement, or agreement already signed by both parties.

- In cases where the documents above do not clearly specify the list of goods, the unit must provide a detailed explanation regarding the value of the aid goods within the total budget of the project, program, agreement, or arrangement, and such explanation must be confirmed by the leadership of the competent authority.

- In cases where there is a change in the list or type of aid goods, or a change in the expenditure for budget items of the project, the unit must have a document approving such changes from the Council of Ministers or the State Planning Commission.

- In cases where foreign currency aid is not included in the signed project, program, agreement, or arrangement, the unit must provide a clear statement on the source of the foreign currency and the purpose of using this aid foreign currency. At the same time, the unit must have a document permitting the use of this aid foreign currency from the Council of Ministers.

For foreign currency and aid goods from non-governmental organizations, organizations outside the United Nations (individuals, public figures, scientists, intellectuals, overseas Vietnamese, etc.), the basic documents that must be available are:

- An agreement (commitment) on aid or notification of aid from the organization or individual providing the aid.

- Documents and certificates clearly identifying the source of foreign currency, quantity, and value of the aid goods provided by the organization or individual.

- A document permitting the receipt, distribution, and use of foreign currency and aid goods from the Ministry in charge or the People's Committee of the province, city, or centrally governed municipality.

- A document approving the relevant authority according to Decision No. 80/CT dated March 28, 1991, of the Council of Ministers.

b- Other related documents.

In addition to the basic documents mentioned above, the unit must also have other necessary related documents.

- For aid goods:

+ Sea bill of lading (Bill of Lading) or air waybill (Air Way Bill).

+ Detailed packing list (Packing List).

Commercial Invoice.

+ Insurance certificate (Insurance Certificate).

- For foreign currency aid, it is a statement of the plan to use the foreign currency aid.

c- Exceptional cases.

- In cases where the documents mentioned above have not yet arrived (late documents), the unit must have a report from the airport or transportation agency.

Within fifteen days from the date of confirmation, the unit must return all related documents concerning the received aid shipment (as stated in Section 2, Point b) to the International Aid Management and Reception Board.

- In cases where the unit only has a telegram from the organization (individual) sending the aid goods during the confirmation process, the telegram must clearly state the following contents:

+ The signature and code of the project, program, agreement, or arrangement that has been signed.

+ Name of goods, type, quantity, weight, and value of foreign currency of the aid goods.

+ Purchase order number.

+ Bill of lading number, name of the ship carrying the goods, departure and arrival dates.

- In cases where aid goods are brought by foreigners personally, the airport or customs will only allow the receiving unit to take possession of the goods after the unit has completed the confirmation procedures (as stated above) with the International Aid Management and Reception Board.

3. Complaint procedures.

a) At the bank:

In cases where the actual amount of Vietnamese currency received (converted from the value of foreign currency aid based on the exchange rate published by the bank at the time of receiving the aid) differs (increases or decreases) from the amount of foreign currency used for confirmation: within fifteen days (from the date of receipt of money), the unit must report the actual amount of aid money received to the International Aid Management and Reception Board to adjust the amount of foreign currency already confirmed as the basis for payment through the state budget for foreign currency aid to the unit.

b) At the airport or port:

In cases where discrepancies, shortages, losses, incorrect types, or prices occur compared to the declaration, the receiving unit must immediately carry out the following actions:

- Directly request each appraisal agency (Vietnam Export-Import Inspection Corporation Vinacontrol or Bao Viet Company) to re-examine the entire received goods and issue an appraisal report.

Within fifteen days (from the date of receipt of goods), the unit must submit the appraisal report to the International Aid Management and Reception Board to adjust the confirmed quantity of goods as the basis for payment through the state budget for aid goods to the unit.

- To the International Aid Management and Reception Board: the receiving unit directly handles complaint procedures and compensation under the guidance of the Board.

The International Aid Management and Reception Board will only directly handle complaint procedures and compensation when authorized by the receiving unit.

Note: The complaint period must be completed within thirty days from the date of unloading.

III- IMPLEMENTATION

1. The Ministry of Finance requests the State Bank, the Ministry of Trade, the General Department of Customs, and related agencies to cooperate with the International Aid Management and Reception Board to strictly manage foreign currency sources and aid goods according to the above regulations and only process procedures for units receiving foreign currency and aid goods after obtaining a confirmation document from the International Aid Management and Reception Board.

2. This regulation takes effect from the date of signing.

Previous regulations contrary to this regulation are hereby abolished.

During implementation, if any issues arise, please promptly inform the Ministry of Finance (International Aid Management and Reception Board) for research and resolution.