Thông tư 07/2020/TT-NHNN

CIRCULAR

ON INVESTMENT AND PROCUREMENT SERVING CURRENCY PRINTING AND MINTING OPERATIONS OF STATE BANK OF VIETNAM

Pursuant to the Law on State Bank of Vietnam dated June 16, 2010;

Pursuant to Law on Bidding dated November 26, 2013;

Pursuant to the Law on Management and Use of State Capital Invested in Manufacture and Business of Enterprises dated November 26, 2014;

Pursuant to Law on Public Investment dated June 13, 2019;

Pursuant to Decree No. 40/2012/ND-CP dated May 2, 2012 of the Government on money issuance; preservation and transportation of precious assets and financial instruments within the State Bank of Vietnam, credit institutions and branches of foreign banks;

Pursuant to Decree No. 91/2015/ND-CP dated October 13, 2015 of the Government on State Capital Investment in Enterprises and Management, Use of Capital and Property in Enterprises; Decree No. 32/2018/ND-CP dated March 08, 2018 of the Government on amendments to Decree No. 91/2015/ND-CP dated October 13, 2015 of the Government on State Capital Investment in Enterprises and Management, Use of Capital and Property in Enterprises;

Pursuant to Decree No. 16/2017/ND-CP dated February 17, 2017 of the Government on functions, tasks, powers, and organizational structure of the State Bank of Vietnam;

Pursuant to Decree No. 10/2019/ND-CP dated January 30, 2019 of the Government on exercising rights and responsibilities of representatives of state owners;

Pursuant to Decree No. 40/2020/ND-CP dated April 6, 2020 of the Government on elaborating to Law on Public Investment;

At request of Director General of Department of Issuance and Treasury;

The Governor of the State bank of Vietnam promulgates Circular on investment and procurement serving currency printing and minting operations of State Bank of Vietnam.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes investment and procurement serving currency printing and minting operations of State Bank of Vietnam, including:

1. Materials specified under Section I of the List attached to Circular No. 01/2017/TT-NHNN dated February 7, 2017 of the Governor of the State bank of Vietnam on Lit of machinery, equipment, materials, components, parts, and accessories imported for currency printing and minting operations of the State Bank of Vietnam; other materials decided by the Governor of the State bank of Vietnam. 

2. Machinery, equipment, components, parts, and accessories specified under Section II of the List attached to Circular No. 01/2017/TT-NHNN dated February 7, 2017 of the Governor of the State bank of Vietnam on Lit of machinery, equipment, materials, components, parts, and accessories imported for currency printing and minting operations of the State Bank of Vietnam; other machinery, equipment, components, parts, and accessories decided by the Governor of the State bank of Vietnam. 

3. Technical solutions; prepress technology, currency printing and minting technology; industrial ownership, intellectual property rights.

Article 2. Regulated entities

1. Currency printing and minting facilities whose owners are represented by the State Bank of Vietnam.

Currency printing and minting facilities that are not regulated by this Circular shall comply with regulations and law and contracts with the State Bank of Vietnam.

2. Investing and procuring entities are entities established or assigned by the Governor of State Bank of Vietnam to invest and procure goods specified under Article 1 of this Circular.

3. State Bank of Vietnam; agencies, organizations and individuals related to investment and procurement serving currency printing and minting operations of State Bank of Vietnam.

Article 3. Information security

Information classified as Government secret in banking sector related to investment and procurement serving currency printing and minting operations must be protected according to regulations and law on protection of Government secret.

Chapter II

SPECIFIC PROVISIONS

Article 4. Entitlement to decision on investment and procurement of goods specified under Clauses 2 and 3 Article 1 of this Circular

1. Decentralized entitlement to investment and procurement of currency printing and minting facilities

a) Governor of State Bank of Vietnam

(i) Decides on investment and procurement projects whose value exceeds 50% of equity specified on quarterly or annual financial statements of currency printing and minting facilities that are the closest to the time in which the projects are decided and group A projects according to Law on Public Investment.

(ii) Approves guidelines for investment and procurement, authorizes currency printing and minting facilities to adopt procedures for investment and appraisal of investment projects, decides on investment of projects whose value is specified under organizational and operational charters of currency printing and minting facilities and other guiding documents of the State Bank of Vietnam but does not exceed 50% of equity specified on the quarterly or annual financial statements of the currency printing and minting facilities which are the closest to the time in which projects are decided and does not exceed capital of group B projects according to Law on Public Investment.

b) Currency printing and minting facilities

Decide on investment and adopt investment procedures or decide on investment guidelines and organize implementation according to organizational and operational charters of currency printing and minting facilities and other guiding documents of the State Bank of Vietnam.

Decentralizing entitlement to decision on investment and procurement projects within currency printing and minting facilities shall comply with regulations and law and guiding documents of the State Bank of Vietnam.

2. Decentralized entitlement to investment and procurement of investing and procuring entities

a) Governor of State Bank of Vietnam

(i) Approves procedures for investment and procurement on the basis of investment guidelines and investment decision approved by the Prime Minister in case the funding for investment and procurement is official development assistance (ODA) and concessional loans of foreign sponsors.

(ii) Decides on investment in group A projects according to Law on Public Investment on the basis of investment guidelines approved by the Prime Minister in case the funding for investment and procurement is state budget.

In case funding for investment and procurement is from other funding sources (if any), comply with applicable regulations and law and regulations of the State Bank of Vietnam.

(iii) Decides on investment or approves investment guidelines and authorizes investing and procuring entities to decide on investment and procurement with respect to projects whose value is specified under guiding documents of State Bank of Vietnam but does not exceed capital of group B projects according to Law on Public Investment.

b) Investing and procuring entities

Decide on investment and adopt investment procedures or decide on approving investment projects and organize implementation according to guiding documents of the State Bank of Vietnam.

Article 5. Procedures and principles of investment and procurement

1. Currency printing and minting facilities and investing and procuring entities shall adopt procedures for investment and procurement serving currency printing and minting operations according to regulations and law on investment, bidding and other relevant law provisions; comply with decentralized entitlement specified under this Circular.

2. Investment and procurement serving currency printing and minting operations must be implemented in accordance with economic and technical standards and regulations of the Government and State Bank of Vietnam; ensure openness, transparency, efficiency, effectiveness, and fulfillment of requirements of currency printing and minting tasks of State Bank of Vietnam.

Article 6. Organization of procurement of goods specified under Clause 1 Article 1 of this Circular

1. Based on face value and quantity of currency that needs to be printed and minted, currency printing techniques approved by the Governor of State Bank of Vietnam and available materials, currency printing and minting facilities shall develop and implement procurement plans according to bidding laws and other relevant law provisions; report to the State Bank of Vietnam (via Department of Issuance and Treasury) for examination and supervision.

If adjustment is required, the State Bank of Vietnam (Department of Issuance and Treasury) shall issue notice to enable currency printing and minting facilities to adjust accordingly.

2. In case of procurement arising beyond procurement plans specified under Clause 1 of this Article for experimental printing and minting processes which serve scientific research and application in currency printing and minting sectors and other purposes related to currency printing and minting operations, currency printing and minting facilities shall request the Governor of State Bank of Vietnam (via Department of Issuance and Treasury) to consider and approve.

Article 6. Organization of procurement of goods specified under Clauses 2 and 3 Article 1 of this Circular

Based on investment guidelines, investment decisions or procurement plans approved by competent authorities, currency printing and minting facilities and investing and procuring entities shall procure goods according to bidding laws and other relevant law provisions.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of Department of Finance and Accounting

1. Acting as the contact point to appraise and request the Governor of State Bank of Vietnam to approve investment guidelines and decisions on investing in investment and procurement projects serving currency printing and minting operations within approval entitlement of the Governor of State Bank of Vietnam specified under Article 4 of this Circular.

2. If necessary, Department of Finance and Accounting shall request the Governor of State Bank of Vietnam to assign relevant entities affiliated to the State Bank of Vietnam to appraise or invite specialized agencies of other ministries to appraise the projects.

Article 9. Responsibilities of Department of Issuance and Treasury

1. Cooperating with Department of Finance and Accounting in appraising investment and procurement projects serving currency printing and minting operations within approval entitlement of the Governor of State Bank of Vietnam specified under Article 4 of this Circular, ensuring conformance to currency printing and minting quality of the State Bank of Vietnam.

2. Acting as the contact point to request the Governor of State Bank of Vietnam to permit procurement specified under Clause 2 Article 6 of this Circular. If necessary, Department of Issuance and Treasury shall consult relevant entities affiliated to the State Bank of Vietnam about procurement proposition of currency printing and minting facilities prior to presenting to the State Bank of Vietnam for consideration and approval.

Based on approval of the Governor of State Bank of Vietnam, Department of Issuance and Treasury shall inform currency printing and minting facilities about implementation.

3. Implementing authorization of the Governor of State Bank of Vietnam, Director General of Department of Issuance and Treasury shall issue documents confirming whether currency printing and minting facilities import goods serving currency printing and minting operations of State Bank of Vietnam according to procurement agreements or other documents agreed upon by the currency printing and minting facilities and good providers.

4. Examining and monitoring implementation of procurement process serving currency printing and minting operations in currency printing and minting facilities.

5. Monitoring implementation of procurement process that serves currency printing and minting operations conducted by investing and procuring entities.

6. If necessary, request the Governor of State Bank of Vietnam to organize examination on technical specifications of materials serving currency printing and minting operations in currency printing and minting facilities.

Article 10. Responsibilities of Internal Audit Department

Acting as contact point and assisting the Governor of State Bank of Vietnam in monitoring and examining currency printing and minting facilities, investing and procuring entities, and entities affiliated to the State Bank of Vietnam related to investment and procurement processes serving currency printing and minting operations according to relevant law provisions.

Article 11. Responsibilities of investing and procuring entities

1. Organizing implementation of investment and procurement projects serving currency printing and minting operations as specified under this Circular and other relevant law provisions.

2. Being responsible to the Governor of State Bank of Vietnam for results of investment and procurement serving currency printing and minting, quality of invested and procured goods to conform to quality and technical standards of each type of currency approved by the Governor of State Bank of Vietnam.

3. Entering into contracts with providers of goods that serve currency printing and minting operations.

4. On a yearly basis (before the end of January 18 of the following year), submitting physical reports in person or via postal service to the State Bank of Vietnam (via Department of Issuance and Treasury, Department of Finance and Accounting) on implementation of procurement serving currency printing and minting operations specified under Article 1 of this Circular using Form No. 2 under Annex attached to this Circular. The figure conclusion date shall begin from December 15 of the year before the reporting year to December 14 of the reporting year.

Article 12. Responsibilities of currency printing and minting facilities

1. Complying with regulations prescribed in Article 11 of this Circular.

2. Submitting procurement contracts for goods specified under Clause 1 Article 1 of this Circular to State Bank of Vietnam (via Department of Issuance and Treasury).

3. Reporting to the State Bank of Vietnam (via Department of Issuance and Treasury) for consideration and issuing documents on receipt of goods in case goods are given, gifted or sponsored by partners for experimental printing and minting for the purposes of scientific research and application in currency printing and minting sectors or compensating for defective goods as specified under procurement agreements and other purposes related to currency printing and minting operations. Currency printing and minting facilities shall rely on documents of the State Bank of Vietnam (via Department of Issuance and Treasury) for implementation.

4. On a quarterly basis (before the first 18^th of the following quarter), currency printing and minting facilities shall submit physical reports in person or via postal service to the State Bank of Vietnam (Department of Issuance and Treasury) on the procurement and use of procured goods specified under Clause 1 Article 1 of this Circular using Form No. 1 of Annex attached to this Circular. The figure conclusion date shall begin from the 15th of the month preceding the reporting period to the 14th of the last month of the reporting period.

Article 13. Transition clauses

1. With respect to investment and procurement projects approved by competent authorities before the effective date of this Circular, comply with relevant law provisions and Decision No. 1145/2005/QD-NHNN dated August 4, 2005 of the Governor of the State bank of Vietnam promulgating Regulations on investment and procurement of equipment and goods serving currency printing and minting of State Bank of Vietnam.

2. Should the legislative documents referred to in this Circular for application is amended or replaced, the new documents shall prevail.

Article 14. Entry into force

1. This Circular comes into force from August 14, 2020.

2. This Circular replaces Decision No. 1145/2005/QD-NHNN dated August 4, 2005 of Governor of the State bank of Vietnam promulgating Regulations on investment and procurement of equipment and goods serving currency printing and minting of State Bank of Vietnam.

Article 15. Implementation

Chief of Office of State Bank of Vietnam, Director General of Department of Issuance and Treasury, heads of relevant entities affiliated to State Bank of Vietnam, Chairpersons of Board of Members, General Directors of currency printing and minting facilities, relevant agencies, organizations and individuals are responsible for implementation of this Circular./.

ANNEX

Form 01

REPORT

Procurement and use of procured goods serving currency printing and minting operations in the …… Quarter

(From ……… to ………)

To:...........................

I. PROCUREMENT AND USE OF GOODS

1. Quantity and type of goods procured during the reporting period.

2. Quantity and type of goods used during the reporting period.

II. PROPOSITIONS AND SUGGESTIONS (if any)

1. Difficulties during procurement process.

2. Produce recommendations.

Form 02

REPORT

Implementation of procurement plans serving currency printing and minting operations in …… (year)

(From ……… to ………)

To:...........................

I. PROCUREMENT AND USE OF GOODS

1. Quantity and type of goods procured during the reporting period.

2. Quantity and type of goods used during the reporting period.

3. Assess procurement results during the reporting period.

II. PROPOSITIONS AND RECOMMENDATIONS

1. Difficulties during procurement process.

2. Propositions and recommendations.