Circular No. 02/2020/TT-BTC guides the implementation of the use of funds related to dredging activities in port waters managed by the Ministry of Transport combined with product recovery.

CIRCULAR

Guidelines for the implementation of the use of funds related to dredging activities in coastal port waters managed by the Ministry of Transport combined with product recovery
dredging of port waters under the management of the Ministry of Transport combined with
recovery of products

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Pursuant to the State Budget Law on June 25, 2015;

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016 of the Government detailing the implementation of certain provisions of the State Budget Law;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for the provision of public products and services using state budget funds from regular expenditure;

Pursuant to Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government on managing dredging activities in coastal port waters and inland waterways;

Pursuant to Decree No. 32/2015/NĐ-CP dated March 25, 2015 of the Government on managing investment construction costs;

Pursuant to Decree No. 37/2015/NĐ-CP dated April 22, 2015 of the Government on detailed regulations on construction contracts;

Pursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment construction; Decree No. 42/2017/NĐ-CP dated April 5, 2017 of the Government amending and supplementing some articles of Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment construction;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Enterprise Finance Department,

The Minister of Finance issues this Circular guiding the implementation of the use of funds related to dredging activities in coastal port waters managed by the Ministry of Transport combined with product recovery.

Article 1. Scope of Regulation

Article 1. This Circular guides the implementation of the use of funds related to dredging activities in coastal port waters managed by the Ministry of Transport combined with product recovery, including: Using costs incurred by the selected investor to implement the project repayment; using penalty fees according to the project contract and funds for consulting and supervising work, supporting supervision consulting.

Article 2. This Circular does not apply to dredging activities for new maritime channel construction projects, dredging activities to upgrade maritime channels that change the design criteria of approved channels, and maintenance dredging activities of maritime channels managed by the Ministry of Transport using state budget funds.

Article 2. Applicability

This Circular applies to the following entities:

1. The Ministry of Transport.

2. Vietnam Maritime Administration.

3. Domestic and foreign organizations and individuals who meet the conditions to provide dredging services in coastal port waters combined with product recovery as prescribed by law.

4. Organizations and individuals related to dredging activities in coastal port waters combined with product recovery.

Article 3. Management of funds by the investor selected to implement the project repayment

The investor selected to implement the project repayment shall manage the costs for preparatory investment activities and project implementation as stipulated at points a, b, and c of Clause 1 of Article 25 of Decree No. 159/2018/NĐ-CP dated November 28, 2018 of the Government on managing dredging activities in coastal port waters and inland waterways through the form of paying into the state budget.

Article 4. Management of fines under project contracts

The investor selected to implement the project shall pay the State budget the fine according to the project contract as prescribed by law.

Article 5. Consulting supervision fees, consulting support supervision fees for implementing project contracts

1. After selecting an independent consultant to supervise the implementation of the project contract, the investor, the supervising consultant, and the Vietnam Maritime Administration shall sign a three-party contract to implement it. The contract must clearly specify the payment to the supervising consultant carried out by the Vietnam Maritime Administration after the investor transfers funds into the account of the Vietnam Maritime Administration at the National Treasury.

2. In the case where the Vietnam Maritime Administration organizes the selection of consultants to support supervision, the investor shall transfer funds into the account of the Vietnam Maritime Administration at the National Treasury to cover the payment for the consulting support supervision activities.

3. The costs for consulting supervision and consulting support supervision activities must be based on cost standards issued by competent authorities, ensuring that the total cost for consulting supervision and consulting support supervision activities does not exceed the construction supervision cost standard issued by competent authorities.

4. The control and payment of costs for consulting supervision and consulting support supervision activities shall be implemented in accordance with Circular No. 161/2012/TT-BTC dated October 2, 2012, issued by the Minister of Finance on the regime of controlling and paying state budget expenditures through the National Treasury, and Circular No. 39/2016/TT-BTC dated March 1, 2016, issued by the Minister of Finance amending and supplementing certain articles of Circular No. 161/2012/TT-BTC dated October 2, 2012, issued by the Minister of Finance on the regime of controlling and paying state budget expenditures through the National Treasury.

Article 6. Effectiveness

1. This Circular takes effect from February 24, 2020.

2. During the implementation period, if the regulatory legal documents cited in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced legal documents.

3. During the implementation period, if there are any difficulties, please report them to the Ministry of Finance for consideration and resolution./.