Decision No. 10/2001/QD-BTC on Issuing the Regulation on Transfer of State Budget Investment Capital

Pursuant to …;

Regarding the issuance of the Regulation on Transfer of Investment Capital from the State Budget

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THE MINISTER OF FINANCE

Pursuant to the State Budget Law dated March 20, 1996 and the Government Decree No. 87/CP dated December 19, 1996 on the delegation of management, preparation, execution, and settlement of the State Budget;

Pursuant to the Law Amending and Supplementing Certain Provisions of the State Budget Law No. 06/1998/QH10 dated May 20, 1998 and the Government Decree No. 51/1998/NĐ-CP dated July 18, 1998 amending and supplementing certain provisions of the Government Decree No. 87/CP dated December 19, 1996 detailing the delegation of management, preparation, execution, and settlement of the state budget;

Pursuant to the Government Decree No. 15/CP dated March 2, 1993 on the tasks, powers, and responsibilities for management of Ministries and ministerial-level agencies;

Pursuant to the Government Decree No. 178/CP dated October 28, 1994 on the tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to the Government Decree No. 52/1999/NĐ-CP dated July 8, 1999 on the issuance of the Regulation on Management of Investment and Construction and the Government Decree No. 12/2000/NĐ-CP dated May 5, 2000 amending and supplementing certain provisions of the Regulation on Management of Investment and Construction issued together with the Government Decree No. 52/1999/NĐ-CP dated July 8, 1999;

At the proposal of the Director of the State Budget Department;

DECISION:

Article 1The Regulation on Transfer of Investment Capital from the State Budget is hereby promulgated together with this Decision.

Article 2: This provision shall take effect from April 1, 2001. All previous regulations that conflict with this regulation are hereby abolished.

Article 3: The Director of the State Budget Department, the Director of the Investment Department, the General Director of the State Treasury, and the Directors of Provincial Departments of Finance and Prices under central cities are responsible for implementing this Decision.

REGULATIONS

Transfer of Investment Capital from the State Budget

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(Issued together with Decision No. 10/2001/QĐ-BTC dated March 13, 2001 of the Minister of Finance)

Article 1: Financial authorities transfer capital to the State Treasury for payment of investment capital and capital for public services with an investment nature and construction (referred to as investment capital) based on:

- The annual state budget estimate (investment capital portion) assigned by the Government or People's Committee.

- The quarterly state budget management plan.

- The quarterly need for investment capital payment.

Article 2: Each quarter, before the last day of the month preceding the quarter, the State Treasury prepares the investment capital payment plan for each level of budget based on the assigned estimate and the project volume plan prepared by the project sponsors, and sends it to the financial authority. Specifically:

- The Central State Treasury compiles the quarterly investment capital payment needs of projects under the central budget and sends them to the Ministry of Finance (Investment Department).

- The provincial State Treasury compiles the quarterly investment capital payment needs of the local budget and sends them to the Provincial Department of Finance and Prices (Investment Division).

For projects managed by the district level, the project sponsor directly submits the investment capital plan to the District Finance Office.

Article 3: Each quarter, the financial authority prepares a notice of investment capital limit (detailed by source of capital) and sends it to the State Treasury. Specifically:

- For projects under the central budget, the Investment Department prepares a notice of investment construction capital limit (according to Form No. 01 attached) and sends it to the State Budget Department. After review, the State Budget Department signs the notice of limit and sends one copy to the Central State Treasury, one copy to the Investment Department, and retains one copy at the State Budget Department.

- For projects under the provincial budget, the Investment Division prepares a notice of investment construction capital limit (according to Form No. 02 attached) and sends it to the Budget Division. The Budget Division reviews and forwards it to the leadership of the Provincial Department of Finance and Prices for signature and sends one copy to the Provincial State Treasury and retains one copy at the Provincial Department of Finance and Prices.

For projects under the district budget, the District Finance Office prepares and signs a notice of investment construction capital limit (according to Form No. 03 attached) and sends one copy to the District State Treasury and retains one copy at the District Finance Office.

Article 4: The quarterly investment capital limit is the highest amount that the State Treasury can spend in that quarter. Any unused portion of the quarterly investment capital limit may be carried over to the next quarter. For the fourth quarter (including any carryover from previous quarters), the period of use may be extended until the end of January of the following year to pay for the volume completed according to the plan up to December 31 of the previous year, except in special cases decided by the competent authority.

Article 5: The investment capital limit is not detailed by item in the State Budget Classification. When withdrawing the limit, it must be recorded correctly according to the chapter, type, section, and item in the current State Budget Classification.

Article 6: When notifying the investment capital limit, the financial authority informs the total capital amount. In cases where it is necessary to concentrate capital according to the directive of the competent authority, the financial authority (the Investment Department for central budget investment; the Provincial Department of Finance and Prices, the District Finance Office for local budget investment) prepares a list of important projects (without detailing the capital amount per project) and attaches it to the limit notification.

Article 7: Periodically, the State Treasury at all levels reports the implementation and payment of investment capital to the corresponding financial authority according to the regulation on providing information on investment and construction capital management of the Ministry of Finance.

Article 8: The management, payment, and settlement of investment capital shall be carried out in accordance with the Government Decree No. 52/1999/NĐ-CP dated July 8, 1999 on the issuance of the Regulation on Management of Investment and Construction; the Government Decree No. 12/2000/NĐ-CP dated May 5, 2000 amending and supplementing certain provisions of the Regulation on Management of Investment and Construction issued together with the Government Decree No. 52/1999/NĐ-CP dated July 8, 1999; and Circular No. 96/2000/TT-BTC dated September 28, 2000 of the Ministry of Finance guiding the management, payment, and settlement of investment capital and public service capital with an investment and construction nature from state budget sources.

Article 9: This method of transferring capital does not apply to high-security projects directly funded by the Ministry of Defense and the Ministry of Public Security; projects funded through the record of revenue and expenditure method; and other special cases decided by the competent authority.