Circular No. 125/2010/TT-BTC on the expenditure regime and settlement for the National Investment Promotion Program in 2010

CIRCULAR

Regulations on expenditure and settlement

for the National Investment Promotion Program in 2010

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Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;
Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;
Pursuant to Decision No. 109/2007/QĐ-TTg dated July 17, 2007 of the Prime Minister on the issuance of regulations on the construction and implementation of the national investment promotion program for the period 2007-2010;
Pursuant to Decision No. 123/2008/QĐ-TTg dated September 8, 2008 of the Prime Minister on support for the implementation of national programs on trade promotion, investment promotion, and tourism promotion;
The Ministry of Finance hereby stipulates the expenditure regime and settlement for the National Investment Promotion Program in 2010 as follows:

Chapter I.

GENERAL PROVISIONS

Article 1. Scope of Application

This Circular guides the expenditure regime and settlement applicable to national investment promotion programs according to the regulations on the construction and implementation of the national investment promotion program for the period 2007-2010 issued together with Decision No. 109/2007/QĐ-TTg dated July 17, 2007 of the Prime Minister (hereinafter referred to as the program).

Article 2. Applicability

1. The main subjects of the program are ministries, sectors, and provincial people's committees directly under the central government that have national investment promotion projects approved by competent authorities.

2. Participating units in the program include agencies and organizations operating in the field of attracting investment, and enterprises.

Article 3. Sources of funding for the program

The funding for implementing the program shall be sourced from the state budget allocated for the content of national investment promotion approved annually by the National Assembly, revenues, and other legitimate sources of funding (if any).

Chapter II.

SPECIFIC PROVISIONS

Article 4. Provisions on expenditure management

1. Principles of expenditure

1.1 Expenditures must comply with current standards and expenditure regimes and the levels of expenditure for the content of the program as prescribed in this Circular.

1.2 In cases where actual expenditures arise without existing guidelines, based on valid invoices and expenditure receipts in accordance with the law, the head or director of the unit implementing the project shall provide approval and bear responsibility under the law for the truthfulness and effectiveness of the expenditures and accompanying documents.

1.3 For expenditures that must be implemented through bidding, the provisions of the Law on Bidding and guiding documents for the Law on Bidding shall apply; Circular No. 63/2007/TT-BTC dated June 15, 2007 of the Ministry of Finance guiding the implementation of bidding for asset procurement to maintain the regular operation of state agencies using state budget funds; and Circular No. 131/2007/TT-BTC dated November 5, 2007 of the Ministry of Finance amending and supplementing Circular No. 63/2007/TT-BTC.

2. Level of financial support

- National investment promotion programs shall be supported by the state budget at 100% of the funding.

- In cases where non-state management organizations participate in the program, the main subject of the program needs to develop a plan to mobilize funding for implementation.

3. Expenditure items

It includes expenditures for the contents of the national investment promotion program as specified in Clause 2, Article 3, Chapter I of the Regulations on the Construction and Implementation of the National Investment Promotion Program for the Period 2007-2010 issued together with Decision No. 109/2007/QĐ-TTg dated July 17, 2007 of the Prime Minister.

Article 5. Budgetary expenditure limits for the contents of the program

The state budget will support funding for national investment promotion programs based on actual expenditures but not exceeding the current expenditure limits prescribed for administrative state agencies and public service units. Specifically, as follows:

1. Conference and travel expenses for domestic staff traveling according to the regulations of the Minister, head of an agency equivalent to a ministry, or a government agency, and the chairperson of provincial people's committees directly under the central government, as stipulated in Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance on travel expense and conference organization expense regimes for state agencies and public service units.

2. Travel expense reimbursement for staff traveling abroad according to Circular No. 91/2005/TT-BTC dated October 18, 2005 of the Ministry of Finance on travel expense regimes for staff and civil servants traveling abroad for short-term stays funded by the state budget, and Circular No. 142/2009/TT-BTC dated July 14, 2009 of the Ministry of Finance amending and supplementing Circular No. 23/2007/TT-BTC dated March 21, 2007 of the Ministry of Finance on travel expense and conference organization expense regimes for state agencies and public service units, and amending Circular No. 91/2005/TT-BTC dated October 18, 2005 of the Ministry of Finance on travel expense regimes for state civil servants traveling abroad for short-term stays funded by the state.

3. Expenses for hosting foreign guests, organizing international conferences, and seminars according to Circular No. 01/2010/TT-BTC dated January 6, 2010 of the Ministry of Finance on expense regimes for receiving foreign guests for work in Vietnam, organizing international conferences and seminars in Vietnam, and hosting domestic guests.

4. Expenses for organizing training, seminar, and capacity building sessions according to Circular No. 51/2008/TT-BTC dated June 16, 2008 of the Ministry of Finance guiding the management and use of training and capacity building funds for state civil servants.

5. Expenses for establishing information investment systems and databases according to Circular No. 137/2007/TT-BTC dated November 28, 2007 of the Ministry of Finance guiding the level of expenditure for electronic information creation.

6. Expenses for applying information technology in management activities, data compilation, and coordination of the national investment promotion program according to Circular No. 43/2008/TTLT-BTC-BTTTT dated May 26, 2008 of the Joint Circular of the Ministry of Finance and the Ministry of Information and Communications guiding the management and use of funds for the application of information technology in the activities of state agencies.

7. Expenses for developing scientific topics and projects using state budget funds according to Circular No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007 of the Joint Circular of the Ministry of Finance and the Ministry of Science and Technology guiding the establishment and allocation of budgets for scientific and technological topics and projects using state budget funds.

8. Special expenditure items such as printing costs for publications, books, and materials; film production costs; advertising costs; event organization and public media promotion activities both domestically and internationally...: The basis for preparing the budget estimate and managing these expenses is the current regulations on systems, standards, and unit prices, and these must be approved by the head of the agency implementing the program before implementation.

Article 6. Procedures for advance payment and settlement of support funding

1. Advance Payment of Funds

1.1 Based on the decision approving the annual national investment promotion program of the Minister of Planning and Investment within the scope of the state budget plan already announced, the program sponsor shall prepare a detailed budget estimate and submit it with a letter to the Ministry of Finance (Enterprise Financial Department) requesting an advance payment for the program's implementation.

1.2 The Ministry of Finance shall make an advance payment of 70% of the funding required to implement the program based on:

- The decision approving the program by the competent authority.

- The detailed budget estimate of the program that has been approved.

- The progress and time schedule for implementing the programs according to the plan.

- Other relevant documents related to the implementation of the program.

2. Final settlement of funds

2.1 Collecting vouchers: The entity implementing the program is responsible for collecting all vouchers related to the cost items in accordance with the content, time, location, and other conditions specified in the Decision approving the program by the Ministry of Planning and Investment.

2.2 Retaining vouchers: The entity implementing the program is responsible for retaining original vouchers related to the items of the supported funding as prescribed by law.

2.3 Settlement of support funding

- Settlement of each program: Within a maximum of 30 working days after the completion of the program, the program sponsor is responsible for collecting all vouchers, preparing a settlement report, signing off on the settlement, and submitting it to the Ministry of Finance for the basis of disbursement.

- Annual settlement: By the end of the year, the program sponsor is responsible for consolidating the settlement of support funding for all programs, preparing a report, signing off on the settlement, and submitting it to the Ministry of Finance no later than January 31 of the following year for the Ministry of Finance to review the consolidation of the settlement of implemented programs and notify the sponsor of the audit results.

- Based on the approved annual settlement decision of the program sponsor, the Ministry of Finance will proceed to provide additional support funding or request the return of excess support funding.

- The support funding according to the settlement shall not exceed the planned support funding when the program was approved.

2.4 Handling violations of settlement regulations

In cases where the main program sponsor delays or violates settlement regulations for support funding, they will be subject to:

- Recovery of the advanced funding.

- Suspension of ongoing support for other investment promotion activities.

- Not being considered for support for new programs.

Article 7. Time limit for review to temporarily allocate and approve settlement of support funding by financial agencies

1. Time limit for review to temporarily allocate: Within 10 working days from receiving the complete application dossier from the program implementing entity, the Ministry of Finance shall conduct a review and allocate the support funding so that the program sponsor can proceed according to the approved schedule.

2. Time limit for settlement review: Within 15 working days from receiving the settlement report from the program implementing entity, the Ministry of Finance is responsible for reviewing, preparing a record of the review results, and notifying the entity implementing the program and the Ministry of Planning and Investment of the results.

Chapter III.

EFFECTIVE DATE

Article 8. Effective Date

This Circular takes effect from October 10, 2010.

During implementation, if there are any difficulties or issues arising, please report them to the Ministry of Finance for prompt resolution./.