Chương II Thông tư 08/2017/TT-BTC: Quản lý và sử dụng tiền ký quỹ tại quỹ bảo vệ môi trường

Chapter II

MANAGEMENT AND USE OF DEPOSITS

Article 5. Rules for management and use of deposits

1. Deposits shall be used and managed on the principles that the principal is reserved, deposit interest is paid in a timely manner and management cost incurred by the deposit receiver is covered.

2. The process of management and use of deposits shall be carried out publicly, transparently and in compliance with the provisions in this Circular and other relevant legislative documents.

Article 6. Management of deposits

1. Each deposit receiver shall open a separate bank account to monitor deposits.

2. Deposits shall be kept at commercial banks with good operational quality based on credit ratings by State Bank of Viet Nam, on the principle that the principal is reserved and deposit interest payable to deposit payers and management cost incurred by deposit receivers are covered.

3. The interest rate and term of deposits shall be arranged by the deposit receiver with the commercial bank as prescribed by the law.

4. Deposit interest rates:

The deposit interest rate shall be adjusted to the lending interest rate imposed by the deposit receiver and shall be applicable to the total deposit balance.

b) If the deposit receiver does not lend the deposit, the interest rate shall be set according to the lending interest rate imposed by Viet Nam Environmental Protection Fund at the time of depositing.

c) In the event of varied application of interest rates to different organizations by the deposit receiver, interest paid to the deposit payer shall be the arithmetic mean of those interest rates.

d) A deposit payer shall make one-time withdrawal of the interest after receipt of a document certifying the completion of all terms provided for in environmental restoration and remediation plan or other supplemental environmental restoration and remediation plans as prescribed in Article 4 Clause 8 Decree 19/2015/NĐ-CP or its superseding document or any amendments thereto (if any).

5. Fulfillment of tax duties: A deposit receiver shall fulfill tax duties as prescribed in the applicable law.

Article 7. Use of deposits

1. The deposit receiver shall not use deposits for lending and purposes other than the provisions in this Circular.

2. Use of interest on deposits:

a) Total amount of interest on deposits shall be recorded as operating revenue of the deposit receiver;

a) Total amount of deposit interest payable to the deposit payer shall be aggregated with operating cost of the deposit receiver;

3. Return of deposits:

Deposits shall be returned in accordance with provisions of Clause 5 Article 8 of Decree No. 19/2015/NĐ-CP dated February 14, 2015 by the Government on the implementation of some articles of the Law of Environmental Protection and Article 15 of Circular No. 38/2015/TT-BTNMT dated June 30, 2015 by the Ministry of Natural Resources and Environment on environmental restoration and remediation in mineral extraction activities or its superseding document or any amendments thereto (if any);

b) The deposit payer shall send withdrawal plan of deposits to the deposit receiver three months before the date of return of deposits by deposit receivers as prescribed in Clause 5 Article 8 of Decree 19/2015/NĐ-CP or its superseding document or any amendments thereto (if any).