Decision No. 46/2012/QD-TTg on the management and use of fees for refinancing loans and the portion of guarantee fees at the Ministry of Finance during the period from 2012 to 2015

Pursuant to …;

On the management and use of fees for loan refinancing and the portion of guarantee fee deductions at the Ministry of Finance during the period 2012-2015

at the Ministry of Finance during the period from 2012 to 2015

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PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Public Debt Management dated June 17, 2009;

Pursuant to Decree No. 78/2010/NĐ-CP dated July 14, 2010 of the Government on relending government foreign loan sources;

BASED ON Decree No. 117/2013/NĐ-CP dated October 7, 2013 of the Government amending and supplementing some provisions of Decree No. 130/2005/NĐ-CP dated October 17, 2005 of the Government stipulating the self-management and self-responsibility system for the use of personnel quotas and administrative management funds;

Pursuant to Decree No. 130/2005/NĐ-CP dated October 17, 2005 of the Government on the self-management and self-responsibility regime regarding the use of staff positions and administrative management funds for state agencies;

At the proposal of the Minister of Finance;

The Prime Minister issues this Decision on the management and use of fees for loan refinancing and the portion of guarantee fee deductions at the Ministry of Finance during the period 2012-2015.

Article 1. The Ministry of Finance shall collect loan refinancing fees according to Clause 1, Article 10 of Decree No. 78/2010/ND-CP dated July 14, 2010 of the Government, and deduct a portion of guarantee fees according to Clause 3, Article 12 of Decree No. 15/2011/ND-CP dated February 16, 2011 of the Government from the date these Decrees take effect. Management, monitoring, accounting, statistics, and reporting of collected fees shall be carried out in accordance with current laws.

Article 2. The Ministry of Finance shall use the funds collected from loan refinancing fees and deducted guarantee fees as stipulated in Article 1 of this Decision as follows:

1. Deduct 40% of the collected fees from loan refinancing and guarantee fees to be allocated to the Debt Repayment Reserve Fund.

2. The remaining 60% shall be used for the following purposes:

a) To supplement funding to enhance the effectiveness of public debt management work according to specific projects, programs, and plans approved by the Minister of Finance, including:

- Investment in material and equipment to serve public debt management work; construction of a database on public debt;

- Training specialized skills and foreign languages to improve the capacity of staff involved in public debt management work.

b) To reward groups and individuals outside the direct implementing units within the Ministry of Finance who have made direct contributions to public debt management activities. The maximum amount of expenditure shall not exceed one month's salary of the direct implementing unit within the Ministry of Finance for that year.

c) After completing the tasks specified in points a and b above, any remaining savings shall be used by the direct implementing unit within the Ministry of Finance for purposes as prescribed in Article 8 of Decree No. 130/2005/ND-CP dated October 17, 2005 of the Government regarding the self-management and self-responsibility system for staffing and administrative management expenses of state administrative agencies.

The maximum amount of expenditure for rewards and benefits at the direct implementing unit within the Ministry of Finance shall not exceed three months' salary for that year.

d) Any remaining funds after using them for the aforementioned purposes shall be transferred to the next year for continued use according to the prescribed purposes.

Article 3. The Minister of Finance shall provide detailed guidance on the management and use of fees as stipulated in this Decision, ensuring transparency and compliance with the provisions of Decree No. 130/2005/ND-CP dated October 17, 2005 of the Government regarding the self-management and self-responsibility system for staffing and administrative management expenses of state administrative agencies.

The Ministry of Finance shall evaluate the results annually and conduct a comprehensive evaluation of the results for the entire period 2012-2015 in the third quarter of 2015, based on which it shall coordinate with relevant agencies to submit

Article 4. This Decision takes effect from December 15, 2012 and applies from the 2012 budget year to the 2015 budget year.

Article 5. The Minister of Finance and heads of relevant agencies are responsible for enforcing this Decision./.