Vietnam feasibility study - EITI

Vietnam feasibility study - EITI Vietnam feasibility study - EITI

28.07.2013 Views

34 cHaPTer III. real sITuaTIOn Of THe revenues – PaYmenTs manaGemenT, auDITInG, InfOrmaTIOn DIsclOsure In THe eX TracTIve InDusTrY anD OPInIOn aBOuT THe eITI ImPlemenTaTIOn In vIeTnam Financial liabilities of enterprises to the state are checked in accordance with provisions as stated in Chapter II. However, there is still a big gap between the provisions of law and its enforcement in Vietnam. That is the reason why the study group interviewed relevant subjects to examine the gap between the laws and the reality. Furthermore, interviewing key stakeholders clarified the model of revenues/payment management, auditing activity, information disclosure, transparency and opinion of these stakeholders about the implementation of the Extractive Industries Transparency Initiative (EITI) in Vietnam. III.1 - meTHODOlOGY anD THe scOPe Of THe sTuDY This study uses three methods for collecting and analyzing data including interviewing the key stakeholders, secondary data collection and expert consultation. In regard to the interview method, the representatives of the two sectors to be interviewed included (1) governmental agencies: Ministry of Industry and Trade, Ministry of Natural Resources and Environment, Ministry of Finance, State Audit, and local authorities; (2) extractive companies, including state-owned enterprises (Vietnam National Coal-Mineral Industries Holding Corporation Limited, Vietnam National Chemical Group, Vietnam Oil and Gas Group); foreign invested enterprises (Niken Ban Phuc company, Vietnam – Russia – Japan Petroleum Company); and private enterprises. A list of interviewees are provided in Annex A. In total, 24 representatives of the governmental authorities and extractive companies were interviewed. A semi-structured questionnaire was used for the purpose of collecting information about the role of governmental agencies in the extractive industry (Annex b) and payments that the enterprises are obliged to pay to the state. In addition, the extractive companies were asked about the auditing activities and information The Extractive Industries Transparency Initiative and the Implementation Perspective of Vietnam

disclosure on their revenues and payments (Annex C). Regarding the EITI implementation of Vietnam, before interviewing, the above stakeholders were provided with introductory documents about the EITI. Both stakeholders mentioned above were asked about the opportunities and challenges in strengthening transparency and accountability in the extractive industry. Then they were asked whether Vietnam should implement the EITI or not (Annex d). The semi-structured questionnaire focused on the following issues: (i) transparency and accountability in the extractive industry The interviewees were asked about their awareness/opinion about the transparency level of the extractive industry in Vietnam. Key matters such as the promulgation of related information about licensing, budget receipts and expenses, the participation of the civil organizations and local community people were discussed. Furthermore, to enhance transparency and accountability in the extractive industry, the interviewees were requested to assess opportunities and challenges in the context of Vietnam. (ii) opinion about the eItI implementation in Vietnam The interviewees were asked about whether Vietnam should implement the EITI or not and, if yes, what would be the challenges and barriers that Vietnam will face. If Vietnam signed up to the EITI, which entities should be engaged in this program and who would be the coordinator of the EITI program. Moreover, which companies should be required to be involved in the EITI (based on the amount of their payment to the state and on the type of minerals). Furthermore, to have more opinions on the extractive companies, a questionnaire was sent to 17 extractive companies across the country (Annex e). The questionnaire focused on the following issues (Annex F): • Payments of the company (taxes, fees, commitments to the local area, social responsibilities); • Difficulties and challenges in the performance of financial obligations; • Information disclosure of the company; • Auditing activity; and • Opinions about EITI implementation in Vietnam III.2 - sTuDY resulTs III.2.1 The payment and allocation of revenues in mining a. Payment to the budget This study focuses on the main receipts from mining activities, such as fees for the purchase or use of information, money refunded for the fee of exploration using capital from state budget, and the natural resources tax and environmental protection fees. All of the interviewed representatives of the companies said they have fully performed financial obligations of the company to the state in compliance with the provisions of applicable laws. Almost none have faced any significant difficulty in carrying out related financial obligations. Fees, charges and taxes have been paid to the local treasuries by fund transfers. The following is an example about payments of PT.Vietmindo Energitama Company 3 (Table 9). *3: Vietmindo Energitama is a 100% owned by Indonesia under the investment cooperation between the Governments of Vietnam and Indonesia. The Extractive Industries Transparency Initiative and the Implementation Perspective of Vietnam 35

disclosure on their revenues and payments (Annex C).<br />

Regarding the <strong>EITI</strong> implementation of <strong>Vietnam</strong>, before interviewing, the above stakeholders were<br />

provided with introductory documents about the <strong>EITI</strong>. Both stakeholders mentioned above were<br />

asked about the opportunities and challenges in strengthening transparency and accountability in<br />

the extractive industry. Then they were asked whether <strong>Vietnam</strong> should implement the <strong>EITI</strong> or not<br />

(Annex d). The semi-structured questionnaire focused on the following issues:<br />

(i) transparency and accountability in the extractive industry<br />

The interviewees were asked about their awareness/opinion about the transparency level of the<br />

extractive industry in <strong>Vietnam</strong>. Key matters such as the promulgation of related information about<br />

licensing, budget receipts and expenses, the participation of the civil organizations and local<br />

community people were discussed. Furthermore, to enhance transparency and accountability in the<br />

extractive industry, the interviewees were requested to assess opportunities and challenges in the<br />

context of <strong>Vietnam</strong>.<br />

(ii) opinion about the eItI implementation in <strong>Vietnam</strong><br />

The interviewees were asked about whether <strong>Vietnam</strong> should implement the <strong>EITI</strong> or not and, if yes, what<br />

would be the challenges and barriers that <strong>Vietnam</strong> will face. If <strong>Vietnam</strong> signed up to the <strong>EITI</strong>, which<br />

entities should be engaged in this program and who would be the coordinator of the <strong>EITI</strong> program.<br />

Moreover, which companies should be required to be involved in the <strong>EITI</strong> (based on the amount of<br />

their payment to the state and on the type of minerals).<br />

Furthermore, to have more opinions on the extractive companies, a questionnaire was sent to 17<br />

extractive companies across the country (Annex e). The questionnaire focused on the following issues<br />

(Annex F):<br />

• Payments of the company (taxes, fees, commitments to the local area, social responsibilities);<br />

• Difficulties and challenges in the performance of financial obligations;<br />

• Information disclosure of the company;<br />

• Auditing activity; and<br />

• Opinions about <strong>EITI</strong> implementation in <strong>Vietnam</strong><br />

III.2 - sTuDY resulTs<br />

III.2.1 The payment and allocation of revenues in mining<br />

a. Payment to the budget<br />

This <strong>study</strong> focuses on the main receipts from mining activities, such as fees for the purchase or use<br />

of information, money refunded for the fee of exploration using capital from state budget, and the<br />

natural resources tax and environmental protection fees. All of the interviewed representatives of<br />

the companies said they have fully performed financial obligations of the company to the state in<br />

compliance with the provisions of applicable laws. Almost none have faced any significant difficulty<br />

in carrying out related financial obligations. Fees, charges and taxes have been paid to the local<br />

treasuries by fund transfers. The following is an example about payments of PT.Vietmindo Energitama<br />

Company 3 (Table 9).<br />

*3: Vietmindo Energitama is a 100% owned by Indonesia under the investment cooperation between the Governments of <strong>Vietnam</strong><br />

and Indonesia.<br />

The Extractive Industries Transparency Initiative and the Implementation Perspective of <strong>Vietnam</strong><br />

35

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