Decree No. 03/2008/ND-CP amends and supplements certain provisions of Decree No. 99/2007/ND-CP on management of construction investment costs. The investor is responsible for preparing settlement documents and settling debts after the project is completed and put into operation.
Scope of application
Investor of a construction investment project
Key points
- Investor → shall prepare settlement documents for the investment capital of the completed project or component within 12 months (for national key projects and Group A projects), 9 months (for Group B projects), and 6 months (for Group C projects) from the date the project is completed and put into operation.
- Investor → shall settle debts and close the project account at the payment, lending, and investment capital disbursement agency within 6 months from the date of approval of the project's final settlement.
- Construction investment projects approved before the effective date of this Decree → shall be implemented according to the regulations on management of construction investment costs set forth in Decree No. 16/2005/ND-CP and Decree No. 112/2006/ND-CP.
- Investor → shall report to the investment decision-maker for consideration and decision when it is necessary to implement the regulations on management of construction investment costs under Decree No. 99/2007/ND-CP.
🌐 Social impact of this document
- Citizens and businesses → will have reduced burdens in terms of time and procedures for preparing settlement documents for investment capital, helping to manage construction investment costs more effectively.
- State budget → can be used more reasonably through strict control over payments and final settlements of investment capital.
❓ Frequently asked questions
When must the investor prepare the settlement documents after the completion of the project?
The investor must prepare settlement documents within 12 months (for national key projects and Group A projects), 9 months (for Group B projects), and 6 months (for Group C projects) from the date the project is completed and put into operation.
When must the investor settle debts?
The investor must settle debts and close the project account at the payment, lending, and investment capital disbursement agency within 6 months from the date of approval of the project's final settlement.
Which projects are subject to Decree No. 16/2005/ND-CP and Decree No. 112/2006/ND-CP?
Construction investment projects approved before the effective date of this Decree but not yet commenced or currently being implemented shall apply the provisions of Decree No. 16/2005/ND-CP and Decree No. 112/2006/ND-CP.
When must the investor report to the investment decision-maker?
The investor must report to the investment decision-maker for consideration and decision when it is necessary to implement the regulations on management of construction investment costs under Decree No. 99/2007/ND-CP.
When does this Decree take effect?
This Decree takes effect 15 days after its publication in the Official Gazette.
Full text
DECREE
Amending and supplementing some articles of Decree No. 99/2007/NĐ-CP
dated June 13, 2007 of the Government on management of construction investment costs
according to the model attached as Appendix II issued with Decree No. 12/2009/NĐ-CP of the Government
THE GOVERNMENT
Based on the Law on the Organization of the Government dated December 25, 2001;
On the basis of the Construction Law dated November 26, 2003;
Considering the proposal of the Minister of Construction,
DECREE:
Article 1. Amending and supplementing some articles of Decree No. 99/2007/NĐ-CP dated June 13, 2007 of the Government on management of construction investment costs as follows:
1. Amending and supplementing Clause 2 of Article 32 as follows:
"2. The investor shall be responsible for preparing the final account statement of the project's investment capital for completion projects to submit to the investment decision-maker for approval within 12 months for national key projects and Group A projects, 9 months for Group B projects, and 6 months for Group C projects from the date of completion and putting into operation. Within six months from the date of the final account approval decision for completed projects, the investor shall be responsible for settling debts, closing the project's accounts at the payment, lending, and investment capital disbursement agencies. For projects decided upon by the Prime Minister, the Minister of Finance shall approve the final account."
2. Amending and supplementing Clause 1 of Article 36 as follows:
"1. Construction investment projects approved before this Decree takes effect but have not yet commenced implementation or are currently being implemented shall comply with the regulations on management of construction investment costs stipulated in Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on management of construction investment projects, Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain provisions of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government, and other relevant legal documents.
In cases where it is necessary to implement the regulations on management of construction investment costs including total investment ceiling; construction project budget estimate; construction norms and prices; contracts in construction activities; payment and final settlement of construction investment capital as stipulated in Decree No. 99/2007/NĐ-CP, the investor shall report to the investment decision-maker for consideration and decision."
Article 2. Implementation clause
This Decree shall take effect fifteen days after its publication in the Official Gazette.
PRIME MINISTER
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