Circular No. 48-TC/TCĐN guides the management and use of Chinese ODA funds for small hydropower projects in northern mountainous provinces, including provisions on the responsibilities of agencies, sources of funding, accounting procedures to be recorded in the budget, and requirements for reporting project progress.
적용 범위
The Project Owners are the provinces of Lào Cai, Lai Châu, Cao Bằng, Hà Giang; the Small Hydropower Center under the Institute of Science and Economic Water Resources; the Ministry of Finance; the Ministry of Planning and Investment; the Vietnam Foreign Trade Bank; and the Technoimport Company.
핵심 사항
- The Project Owners → are responsible for building the project, submitting it to the competent authority for approval, preparing the counterpart funding, signing consultancy contracts with the Small Hydropower Center, and finalizing the project settlement according to regulations.
- The Small Hydropower Center → acts as the technical consultant, signs agency import contracts with the Technoimport Company, prepares a list of imported goods to be allocated to the Project Owners.
- The Ministry of Finance → records loan receipts in the state budget, records disbursements for construction, manages the loan, and allocates repayment funds according to a plan consistent with the repayment schedule.
- The Technoimport Company → acts as the agent for importing equipment for northern mountainous provinces, signs contracts with the Small Hydropower Center, pays bank transaction fees, and is responsible for agency fees.
- The Vietnam Foreign Trade Bank → implements foreign exchange services according to the Bank Agreement.
🌐 이 문서의 사회적 영향
- Positive impact: Supports the development of small hydropower projects, increases renewable energy sources, improves infrastructure in northern mountainous provinces.
- Negative impact: High management and operation costs, requires close coordination among many agencies, which may cause difficulties during project implementation.
❓ 자주 묻는 질문
What can the Project Owners do?
The Project Owners are responsible for building the project, submitting it to the competent authority for approval, preparing and managing the counterpart funding, signing consultancy contracts with the Small Hydropower Center, and finalizing the project settlement according to regulations.
What are the responsibilities of the Small Hydropower Center?
The Small Hydropower Center acts as the technical consultant, signs agency import contracts with the Technoimport Company, and prepares a list of imported goods to be allocated to the Project Owners.
What are the responsibilities of the Ministry of Finance?
The Ministry of Finance records loan receipts in the state budget, records disbursements for construction, manages the loan, and allocates repayment funds according to a plan consistent with the repayment schedule.
What are the responsibilities of the Technoimport Company?
The Technoimport Company acts as the agent for importing equipment for northern mountainous provinces, signs contracts with the Small Hydropower Center, pays bank transaction fees, and is responsible for agency fees.
What does the Vietnam Foreign Trade Bank implement?
The Vietnam Foreign Trade Bank implements foreign exchange services according to the Bank Agreement.
전문
CIRCULAR
Guidelines for Managing and Using ODA Funds from China for Small Hydroelectric Projects in Mountainous Provinces
China allocates small hydropower projects for mountainous provinces
____________________________
Pursuant to the Credit Agreement signed on December 2, 1992 between the Government of the Socialist Republic of Vietnam and the Government of the People's Republic of China.
Based on Circular No. 6237/QHQT dated November 8, 1994 of the Government Office regarding the use of the 80 million NDT credit from China.
After consulting with relevant agencies, the Ministry of Finance provides guidelines for managing and using the ODA funds from China for small hydroelectric projects as follows:
I. GENERAL PROVISIONS
1. Fifteen million NDT from the ODA loan from China shall be allocated to small hydroelectric projects in northern mountainous provinces according to the Government's decision.
2. The users are the provinces of Lào Cai, Lai Châu, Cao Bằng, and Hà Giang.
3. The Ministry of Finance authorizes the Viet Nam Bank for Foreign Trade to act as the implementing bank for withdrawing the loan and providing foreign exchange settlement services for this loan.
4. The Ministry of Finance records the loan revenue in the state budget, allocates disbursements to projects, manages the loan, and arranges sources of funds to repay maturing debts in accordance with the repayment schedule under the signed agreement.
II. SPECIFIC PROVISIONS
1. Responsibilities of the agencies.
a) Project sponsors:
+ Develop investment projects and submit them for approval by competent authorities in accordance with the spirit of Decree No. 42/CP dated July 16, 1996 of the Government, responsible for preparing and managing counterpart funds in local plans for small hydroelectric projects consistent with the local budget support plan of the Ministry of Planning and Investment.
+ Sign consultancy contracts with the Small Hydroelectric Center under the Institute of Science and Economic Water Resources, specifying the content of consultancy activities, payment methods for consultancy fees, entrusted import fees, and other related fees (such as banking fees, receiving and transporting goods to the project site...).
+ Complete final account settlements for completed projects and project components in accordance with current regulations.
b) Small Hydroelectric Center under the Institute of Science and Economic Water Resources (Ministry of Agriculture and Rural Development):
+ Serve as the technical consultancy focal point for preparing feasibility reports, technical designs, and equipment installation for each province with small hydroelectric projects.
+ The Small Hydroelectric Center is designated to sign consultancy contracts with project sponsors. Consultancy fees and entrusted import fees are included in the project value and paid to sponsors based on the consultancy contract.
+ On behalf of sponsors, sign entrusted import contracts with Technoimport Company, clearly defining the responsibilities, obligations, and rights of the parties to the contract.
+ Each time goods arrive, the Small Hydroelectric Center must prepare a detailed list of goods allocation for each sponsor and notify the Vietnam General Department of Investment and Development (hereinafter referred to as the goods allocation list).
c) Ministry of Planning and Investment: Annually allocate investment construction plans according to the approved project progress including domestic and foreign funds.
d) Ministry of Finance:
+ The Department of Foreign Finance is responsible for reviewing and approving trade contracts, monitoring the withdrawal process, and notifying the State Budget Department and the General Department of Investment to record revenues and expenditures through the local budget.
+ The General Department of Investment is responsible for disbursing investment funds to project sponsors from the Chinese loan and domestic counterpart funds in accordance with established regulations, monitoring and reporting to the Ministry of Finance on project implementation, and confirming completed work volumes.
e) Technoimport Company:
+ Entrusted to import equipment for small hydroelectric projects in northern mountainous provinces: The company is responsible for negotiating, signing import contracts, and paying all domestic banking transaction costs.
+ Sign entrusted import contracts with the Small Hydroelectric Center, clearly defining the responsibilities, obligations, and rights of the parties to the contract.
+ Import duties, banking transaction fees, and receiving and transporting goods fees will be settled in accordance with the entrusted import contract. Adjustments and modifications due to changes proposed by one party will be borne by that party.
+ After signing, the company sends a copy of the contract to the Ministry of Finance (Department of Foreign Finance) for approval procedures.
+ Receives a commission of 1% of the actual imported goods value in foreign currency (based on DAF price) from the Small Hydroelectric Center based on purchase invoices after fulfilling delivery obligations as stipulated in the entrusted import contract.
f) Viet Nam Bank for Foreign Trade: Provides foreign exchange settlement services for small hydroelectric projects in accordance with the Bank Agreement (signed between the Viet Nam Bank for Foreign Trade and the Chinese Bank on February 17, 1994 and any subsequent amendments) upon receipt of the Ministry of Finance's notification of contract approval. Banking service fees are paid by the entrusted importer (Technoimport Company) according to the Viet Nam Bank for Foreign Trade's fee schedule at the time of cost occurrence.
2. Sources of Funds:
- Foreign funds: Disbursed from the preferential loan from China for small hydroelectric projects.
- Domestic counterpart funds: Including consultancy fees, entrusted import fees, import duties (if applicable), banking fees, receiving and transporting goods fees to the project site, construction and installation costs, management fees, and training fees for project operators arranged and managed by sponsors based on local budget plans, where the central government's budget support for local budgets is consistent with the budget allocation plan approved by the National Assembly.
3. Accounting Process into the Budget:
+ The Viet Nam Bank for Foreign Trade immediately forwards to the Ministry of Finance (Department of Foreign Finance and General Department of Investment) after receiving notification from the Chinese Bank.
+ On the basis of the debt notice, the Department of Foreign Financial Affairs of the Ministry of Finance will notify the Department of State Budget to process the recording of state budget revenue and expenditure for the disbursement of funds (the amount of foreign debt) through the General Department of Investment. The General Department of Investment shall base on the import goods allocation list, compare with the capital allocation plan of the Ministry of Planning and Investment to record the disbursement of funds for localities receiving equipment through the local budget.
+ The value of imported goods for recording in the budget shall be equal to the value of foreign currency recorded as debt by the Bank of China (equal to the value of goods in the Contract plus the fee for withdrawing funds from the Bank of China), converted to Vietnamese Dong using the indirect conversion method via USD according to the selling exchange rate published by the Eximbank at the time of fund withdrawal.
+ In case there is a change in the allocation of imported goods, the Small Hydro Power Center must discuss with the Ministry of Planning and Investment and inform the General Department of Investment about the adjustment content.
III. WORK OF ACCEPTANCE AND REPORTING:
- Within the first 15 days of each quarter, the Project Owner is responsible for reporting the progress of project implementation to the Local Investment Department and the General Department of Investment, and finalizing the settlement of completed works in accordance with current regulations.
- The Project Owner is responsible for the quantity and quality of the works.
- During the loan drawdown process as well as during the project implementation, if there are any difficulties, they should be reported promptly so that the Ministry of Finance (Department of Foreign Financial Affairs - General Department of Investment) can study and resolve them in a timely manner.
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