Thông tư 69/2013/TT-BTC

CIRCULAR

GUIDING THE FINANCIAL MANAGEMENT REGIME APPLICABLE TO THE PEASANT ASSISTANCE FUND OF VIETNAM PEASANTS’ ASSOCIATION

Pursuant to the Government’s Decree No. 118/2008/ND-CP dated November 27, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Prime Minister’s Decision No. 673/QD-TTg dated May 20, 2011 on direct implementation and coordination by Vietnam peasants’ association in implementing some programs and projects on rural economic, cultural and social development during 2011- 2020;

At the proposal of the Director of the Finance and Banking Department and financial organizations;

The Minister of Finance promulgates the Circular guiding the financial management regime applicable to the Peasant Assistance Fund of Vietnam Peasants’ Association,

Article 1. Subjects of application

Subjects of application of this Circular are Peasant Assistance Funds of Vietnam Peasants’ Association (including the Central Peasant Assistance Fund, the provincial- and district-level Peasant Assistance Funds) which are established according to the Document No. 4035/KTTH dated 26/7/1998 on the setting up of the Peasant Assistance Fund and the Prime Minister’s Decision No. 673/QD-TTg dated 10/5/2011 on direct implementation and coordination by Vietnam Peasants’ Association in implementing some programs and projects on rural economic, cultural and social development during 2011-2020.

Article 2. Financial management principles

1. The Peasant Assistance Fund shall operate not for the profit-making purpose, support and assist peasants in developing the agricultural and rural production and business.

2. The Peasant Assistance Fund has the legal entity, separate seal and accounting balance sheet, and is entitled to open its account at the State Treasury, domestic commercial banks as prescribed by law.

3. The Peasant Assistance Fund shall enjoy the financial autonomy, take self-responsibility for its operations before law; ensure the capital safety and development; offset expenses and risks in operation in accordance with the existing law and provisions in this Regulation

4. The capital and asset management, financial revenue and expenditure activities of the Peasant Assistance Fund shall be subject to the direction and management by the Executive Board of Peasants Association’s Committee at the same level and the Vietnam Peasants Association’s Central Committee.

Article 3. Operation capital source

1. Operation capital of the Peasant Assistance Fund shall be formed from the following sources

a. Equity:

- Capital allocated by the State (for the Central Peasant Assistance Fund shall be allocated by the central state budget; for the provincial – and district – level Peasant Assistance Funds shall be allocated by the provincial – and district – level budget);

- Capital mobilized, financed from domestic and foreign organizations and individuals for agricultural and rural development.

- Annually self-supplemented capital.

b. Capital entrusted by the State or provided by the domestic and foreign organizations as financial support for agricultural and rural development.

c. Other legal capital sources as prescribed by law.

2. The Peasant Assistance Fund must not mobilize and borrow capital in forms of savings, promissory notes, bills, bonds, commercial loans of organizations, and individuals like operation of credit institutions.

Article 4. Capital use

1. The operation capital source of the Peasant Assistance Fund shall be used to assist peasants, in formulating and expanding models of economic development for hunger elimination, poverty reduction, raising production scale and goods productions, development of trades; contributing in economic restructuring and development of rural collective economic forms; creating jobs, promoting application of technical advances and new technologies in agricultural production, exploiting potentials and strength of area to create the agricultural products, goods and services that meet quality and are high effective.

2. Capital shall be provided as assistance to peasants in form of interest-free refundable assistance loans (within given limits and terms), and with fee collection

3. The Peasant Assistance Fund shall have to manage and use capital for the right purposes, the right subjects and with efficiency, promptly and fully recover capital amounts lent as assistance to peasants in order to preserve its capital, and then refund fully and promptly to organizations and individuals financed capital for Peasant Assistance Fund.

4. The Peasant Assistance Fund must not use its operation capital for the business purpose of earning profits from monetary trading, securities investment, real estate trading, financial investment and other business activities.

5. The Executive Board of the Vietnam Peasants Association’s Central Committee shall guide mechanism so that Peasant Assistance Funds provide refundable assistant loans to peasant, in which clearly defining the loan subjects and conditions, duration and loan capital level, returning of loan capital.

Article 5. Regarding fee collection

1. The Peasant Assistance Fund shall be entitled to collect fee for the capital amounts lent as assistance to peasants so as to cover necessary expenses for activities of Peasant Assistance Fund. The fee levels shall ensure the defrayal of necessary expenses for the activities of Peasant Assistance Fund, preserve its capital and ensure target of assisting peasants. The Peasant Assistance Fund must not collect any additional charge other than the mentioned-above fee from loans as assistance.

2. The Executive Board of the Vietnam Peasants Association’s Central Committee shall issue fee table of loans as assistance for unified implementation by the Peasant Assistance Funds.

Article 6. Investment and asset procurement of the Funds

1. The Peasant Assistance Fund shall be entitled to conduct investment and procurement of fixed assets and other assets serving activities of the Peasant Assistance Fund. The investment and asset procurement for activities of the Peasant Assistance Fund at each level shall be implemented by the director of the Peasant Assistance Fund under the plan approved by the Executive Board of the Peasants Assistance’s Committee at the same level and in the ambit of capital source of the development investment Fund.

2. Orders of and procedures for construction investment, procurement and repair of fixed assets, the Peasant Assistance Fund shall implemented in accordance with the law regulations on investment and construction management.

3. The Peasant Assistance Fund shall implement the management, use, depreciation, inventory, re-evaluation, liquidation, transfer or sale of fixed assets in accordance with regulations on the existing law applicable to the enterprises.

Article 7. Deductions for setting up the risk reserve and handling risks

1. The Peasant Assistance Fund may deduct for setting up the risk reserve to make up for the loss due to causes of objective and force majeure arising in the course of loaning to assist peasants such as natural disasters (storm, flood, and drought), fire, epidemic diseases and other causes of force majeure.

2. The annual deduction level for credit risk reserve shall be 0.9% of the debit balance by December 31 each year.

3. The credit risk reserve fund shall be used to make up for assistance loans for peasants who meet the risk due to causes of objective and force majeure. At the end of the year, if the credit risk reserve fund still remains, the remainder of fund shall be transferred for the following year.

4. The Executive Board of the Vietnam Peasants Association’s Central Committee shall elaborate the regulation on management and use of the credit risk reserve fund for the unified implementation of Peasant Assistance Funds.

Article 8. Peasant Assistance Fund’s revenues

1. Peasant Assistance Fund’s revenues shall include the following:

a. Collected fee for provision of assistance loans to its member;

b. Collected charge for entrusted lending service under consignment contract;

c. Collected interests on deposits from accounts of the Peasant Assistance Fund at the State Treasury, commercial banks where the Peasant Assistance Fund opened its accounts;

d. Other legal revenues (if any) as prescribed by law;

2. The Peasant Assistance Fund shall have the responsibility to correctly, fully and promptly collect revenues.

Article 9. Expenses of the Peasant Assistance Fund

1. Professional operation expenses include:

a. Interests or fee paid for capital amounts mobilized, received as financial aids from domestic and foreign organizations and individuals (if any);

b. Expenses for deduction for setting up the credit risk reserve fund as prescribed in Article 7 of this Circular;

c. Other professional operation expenses.

2. Expenses paid to cadres, public employees and employees of the Peasant Assistance Fund

a. Wages, social insurance and medical insurance premiums and other payable wage-based amounts paid to officials and employees of the Peasant Assistance Fund in accordance with the existing regulation of State;

b. Allowances paid to officials who are in payroll of agencies of the Vietnam Peasants’ Association at all levels and are assigned to directly manage and administer the Peasant Assistance Fund. The maximum allowance level shall not exceed 0.8 time of the wage level under grades and ranks of the Association’s officials who are assigned to manage and administer the Peasant Assistance Fund;

c. Allowances paid to the officials participating in directing and managing and the officials of the Control Board of the Peasant Assistance Fund as prescribed by law (if any).

3. Managerial and working-trip expenses:

a. Working trip allowances paid to cadres, public employees and employees of the Peasant Assistance Fund in overseas or domestic trips for work in accordance with regulations of State applicable to the State agencies and public non-business units;

b. Expenses for procurement of supplies, office equipment; stationery, documents, books, newspapers and other material;

c. Expenses for payment service;

d. Expenses for fixed asset depreciation under regulation applicable to the enterprises; expenses for buying the asset insurance; expenses for asset repair and maintenance; expenses for procurement of working tools (for assets under management of the Peasant Assistance Fund);

e. Charges for postal and phone services;

f. Expenses for hiring the assets and equipment for operation of Peasant Assistance Fund;

g. Expenses for conferences, seminars, training courses for officials of Peasant Assistance Fund in accordance with regulations of State applicable to the State organizations and the public non-business units. The Peasant Assistance Fund may pay assistance amounts for meals, hiring accommodation, charges for travel means to delegates under the regime prescribed by the State;

h. Expenses for propagation, printing the documents; transactions, external activities, receipt of guests as prescribed by law;

i. Expenses for inspection, supervision and audit in respect to activities of Peasant Assistance Fund

k. Expenses for recovery of the overdue debts;

l. Assistance expenses for activities of organizations of the Party, mass organizations of Peasant Assistance Fund.

m. Assistance expenses for activities of the Vietnam Peasants Association’s Central Committee and Peasant movements at all levels, the annual expense level must not exceed 10% of the total revenues of the Peasant Assistance Fund.

n. Expenses for tax, charges and fee payment as prescribed by Law;

o. Other expenses in accordance with regulations of law.

Article 10. Distribution of revenue-expenditure difference

1. Revenue-expenditure difference of Peasant Assistance Fund is determined by the total revenue minus the total expenses in year.

2. Annual revenue-expenditure difference of the Peasant Assistance Fund is distributed as follows:

a. 20% shall be deducted to supplement the development investment fund;

b. Being deducted to set up two funds: welfare fund and reward fund not exceeding 3 months of implemented wage in year of Peasant Assistance Fund.

c. The remaining after deducting for setting up of development investment fund, welfare fund and reward fund shall be supplemented to the operation capital source.

Article 11. Use purpose of funds

1. The development investment fund is used for investment in procurement of assets in serve for activities of Peasant Assistance Fund.

2. Reward fund:

a. Reward fund is used for:

- Periodically or irregularly reward for individuals, collectives of the Peasant Assistance Fund that have initiatives for improving techniques and professional process bringing high efficiency;

- Reward for collectives, individuals in and outside the Peasant Assistance Fund who contributed effectively in activities of Peasant Assistance Fund.

b. The Executive Board of the Vietnam Peasants Association’s Central Committee shall guide the Peasant Assistance Funds about norms of rewarding for each subject for implementation.

3. Welfare fund is used to pay for sports and cultural activities, public welfares of the collectives of cadres and public employees of the Peasant Assistance Fund; pay regular or irregular difficulty allowances to cadres and public employees of the Peasant Assistance Fund. The director of the Peasant Assistance Fund shall coordinate with the Executive Board of Trade Union to manage and use this fund.

Article 12. Accounting regime

1. The Peasant Assistance Fund shall conduct the accounting of the arising economic operations, open accounting book and recording of vouchers; make the financial statements in accordance with regulations of the existing law and regulations of the Ministry of Finance.

2. The Peasant Assistance Fund shall make and send the quarterly and annual financial statements to the Executive board of Peasants’ association at all levels, the superior Peasant Assistance Fund, the Finance agency, tax agency at the same level, including:

a. Accounting balance sheet;

b. Account balance report;

c. Revenue and expense report;

d. Notes to the financial statements.

3. Time limit for sending reports:

Time limit for sending quarterly report shall be not later than 30 days after the ending day of each quarter; for annual report shall be not later than 90 days after the ending day of the financial year.

Article 13. Audit and financial inspection

1. The annual financial statement of the Central Peasant Assistance Fund shall be audited by the State Audit.

2. The Peasant Assistance Funds at the provincial and district levels shall implement the audit of the financial statements at the request of the management and decided by the Executive Board of the Peasants’ Association at the same level.

3. The Vietnam Peasants Association’s Central Committee and the Executive Board of the Peasants Association’s Committee at all levels shall periodically or irregularly inspect and supervise activities of Peasant Assistance Fund; consider and approve the annual financial settlement of the Peasant Assistance Fund at the same level.

Article 14. Elaboration of annual financial plans

1. The financial year of the Peasant Assistance Fund is counted from January 01 to December 31 each year.

2. The Peasant Assistance Fund shall elaborate the annual financial plan to send to the Executive Board of the Peasants Association’s Committee at the same level and send to the Finance Agency at the same level for monitoring. Contents of financial plan of the next year shall include:

a. Plan on the capital source and the capital use for peasant assistance.

b. Financial revenue and expenditure plan.

Article 15. Implementation organization

1. The Peasant Assistance Fund shall be held responsible before law for the management, use and preservation of the State’s capital and assets under the Peasant Assistance Fund’s management for providing assistance loans to peasants, and subject to the inspection of the Vietnam Peasants Association’s Central Committee, the Executive Board of Peasants Association’s Committee at all levels and State finance agency at all levels.

2. The Executive Board of the Vietnam Peasants Association’s Central Committee shall have to organize the monitoring and inspection of financial activities of the Peasant Assistance Fund, ensuring that the Peasant Assistance Fund’s capital is managed and used for the right objectives and in line with the Peasants’ association’s policies.

3. Based on guides in this Circular, documents prescribing on the financial management regime of State, the Executive Board of the Vietnam Peasants Association’s Central Committee shall promulgate specific guiding documents for the Peasant Assistance Funds.

Article 16. Effect

1. This Circular takes effect on July 15, 2013 and replaces the Circular No. 36/2002/TT-BTC dated 22/4/2002 of the Ministry of Finance guiding the financial management regulation applicable to the Peasant Assistance Fund of Vietnam Peasants’ Association.

2. In the course of implementation, any arising problems should be reported to the Ministry of Finance for study, amendment and supplementation.