Nghị định 187-CP

DECREE

ON THE TASKS, POWERS AND ORGANIZATION OF THE GENERAL DEPARTMENT OF DEVELOPMENT INVESTMENT DIRECTLY ATTACHED TO THE MINISTRY OF FINANCE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Pursuant to the Government Decree No. 15-CP on the 2nd of March 1993 on the Tasks, Powers and Responsibilities for State Management of the ministries and ministerial-level agencies; the Government Decree No. 177-CP on the 20th of October 1994 promulgating the Regulations for the Management Decree No. 187-CP on the 28th of October 1994 on the Tasks, Powers and Organization of the Ministry of Finance;
At the proposal of the Minister of Finance,

DECREES:

Article 1.- The General of Development Investment directly attached to the Ministry of Finance has the task of helping the Minister of Finance exercise the function of State management over the funds for development investment, organize the allocation of State budget for investment and the State s priority credit capital for the projects, targets and programs on the list approved by the Government an annual basis.

Article 2.- The General Department of Development Investment has the following tasks and powers:

Helping the Minister of Finance exercise the function of State management over the funds for development investment:

1. Studying policies and regimes on the management of investment capital and submit them to the Minister of Finance for promulgation within his jurisdiction, or to the Prime Minister for promulgation.

2. Making suggestions to State institutions on short-term and long-tem policies and plans concerning State investment.

3. Making financial examination and joining in considering and selecting bidders for investment projects involving State investment capital.

4. Notifying investors of the State investment plan according to the annual plan already approved.

5. Inspecting the use of such investment funds by investors; petitioning the authorized level to adopt the necessary policies and measures to make a more efficient use of the State investment funds.

The General Department of Development Investment can request investors to supply documents and clarify questions concerning the management of the State by the Government on a yearly basis:

1. Granting capital to investors according to the investment plan ratified by the authorized level.

2. Granting priority credit capital to or withdrawing it from the projects, targets and programs on the list approved by the Government.

3. Suspending the granting of investment capital and priority credit upon discovering violations by capital recipients of the regulations on the management of State investment capital, and reporting it immediately to the Minister of Finance for settlement.

4. Organizing accountancy, statistics, payments and statements of financial accounts on the allocation of investment capital, granting priority credit capital for investment or withdrawing it in accordance with the current regulations of the State; helping the Minister of Finance in examining and ratifying statements of financial accounts for investment projects as stipulated by the Government’s Regulations on the Management of Construction Investment.

Article 3.- The General Department of Development Investment is organized as a system from the center down to provinces and cities directly under the Central Government.

1. At the central level is the General Department of Development Investment directly attached to the Ministry of Finance.

The General Department of Development Investment is headed by a Director General assisted by a number of Deputy Directors General. The Director General is a appointed (or dismissed) by the Prime Minister at the proposal of the Minister of Finance; the Deputy Directors General are appointed (or dismissed) by the Minister of Finance at the proposal of the Director General of the General Department of Development Investment.

The Director General is a assisted in his work by:

- The Economic-Planning Department,

- The Investment Capital Granting Department,

- The Priority Investment Credit Department,

- The Accounting Department,

- The Control-Supervision Department, and

- The Office of the General Department.

The Minister of Finance shall define the tasks and organization of those departments.

2. In the provinces and cities directly under the Central Government are the Departments of Development Investment under the General Department of Development Investment. The Department of Development Investment in provinces and cities under the Central Government shall grant investment capital and priority investment credit capital in their localities.

3. Where there is a large amount of State investment capital, or a project of group A, the Minister of Finance can establish a Development Investment Bureau or Division under the Department or the General Department of Development Investment. The Development Investment Bureau or Division will be dissolved after the project is completed.

Article 4.-The General Department of Development Investment, the Departments of Development Investment, the Development Investment Division are the State finance-managing organizations, have the juridical entity, their own seals, and can open their bank accounts at the State Treasury.

Article 5.- The staff of the General Department of Development Investment is funded by the State budget and is included in the draft expenditure plan of the Ministry of Finance.

In performing the task of granting priority credit, the General Department of Development Investment is entitled to collect a fee. The management of fee is done in accordance with the Government’s regulations.

Article 6.- This Decree takes effect on the date of its promulgation. All stipulations made earlier in other documents which are contrary to this Decree are now annulled.

The Minister of Finance, the other ministers, the heads of ministerial-level agencies and the agencies attached to the Government, the presidents of the People’s Committees of provinces and cities directly under the Central Government, and the presidents of the People’s Committees of provinces and cities directly under the Central Government are responsible for the implementation of this Decree.