Circular No. 159/2011/TT-BTC Amending and Supplementing Certain Provisions of Circular No. 138/2007/TT-BTC dated November 29, 2007 of the Ministry of Finance guiding the management, payment, and settlement of investment capital for compensation, support, and resettlement of the Son La Hydropower Project

CIRCULAR

Amending and supplementing certain provisions of Circular No. 138/2007/TT-BTC dated November 29, 2007 of the Ministry of Finance guiding management, payment, and settlement of capital for compensation, support, and resettlement for the Son La Hydropower Project

guidelines for managing, settling, and finalizing capital investment for compensation, support, and resettlement for the Son La Hydropower Project

_____________________________

Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003; the Law Amending and Supplementing Certain Provisions of Laws Related to Basic Construction Investment No. 38/2009/QH12 dated June 19, 2009;

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on Management of Investment Projects for Construction Works; Decree No. 83/2009/NĐ-CP dated October 15, 2009 amending and supplementing certain provisions of Decree No. 12/2009/NĐ-CP dated February 12, 2009; Decree No. 112/2009/NĐ-CP dated December 14, 2009 of the Government on Management of Construction Costs; Decree No. 48/2010/NĐ-CP dated May 7, 2010 of the Government on Contracts in Construction Activities; Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government promulgating the Regulation on Investment and Construction Management; Decree No. 12/2000/NĐ-CP dated May 5, 2000 and Decree No. 07/2003/NĐ-CP dated January 30, 2003 of the Government amending and supplementing certain provisions of the Regulation on Investment and Construction Management issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999; Decree No. 85/2009/NĐ-CP dated October 15, 2009 of the Government guiding the implementation of the Law on Bidding and Selection of Contractors under the Construction Law;

Pursuant to the Decree No. 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 02/2007/QĐ-TTg dated January 9, 2007 of the Prime Minister promulgating the Provision on Compensation, Support, and Resettlement for the Son La Hydropower Project; Decision No. 141/2007/QĐ-TTg dated August 24, 2007, Decision No. 31/2008/QĐ-TTg dated February 25, 2008, Decision No. 72/2009/QĐ-TTg dated May 4, 2009, and Decision No. 43/2011/QĐ-TTg dated August 10, 2011 of the Prime Minister amending and supplementing certain provisions of the Provision on Compensation, Support, and Resettlement for the Son La Hydropower Project promulgated together with Decision No. 02/2007/QĐ-TTg dated January 9, 2007 of the Prime Minister;

Implementing Decision No. 2107/QĐ-TTg dated November 18, 2010 of the Prime Minister promulgating the management mechanism and implementation of the Son La Hydropower Project;

The Ministry of Finance amends and supplements certain provisions of Circular No. 138/2007/TT-BTC dated November 29, 2007 of the Ministry of Finance guiding management, payment, and settlement of capital for compensation, support, and resettlement for the Son La Hydropower Project (hereinafter referred to as Circular No. 138/2007/TT-BTC) as follows:

Article 1. Amending and supplementing certain provisions of Circular No. 138/2007/TT-BTC as follows:

1. Amending and supplementing item 5, point 1, Part I as follows:

Ensuring investment and construction procedures in accordance with current laws.

2. Amending and supplementing the regulation on adjustment of capital investment plan allocation at point 2, Part II as follows:

- The deadline for adjusting the capital investment plan allocation is before December 25 each year.

- The annual capital investment plan is paid for the completed volume accepted up to December 31 of the planning year; the payment deadline for the annual capital investment plan (including adjusted plans) is until January 31 of the following year. In special cases requiring extension of the capital payment period, the People's Committee of the province shall report to the Ministry of Finance in writing before January 31 of the following year for coordination in handling.

3. Regarding payment for construction works in urban resettlement areas:

Abolishing the provision on payment for construction works in urban resettlement areas at point 4, Part IV; implementing according to the provisions of Circular No. 86/2011/TT-BTC dated June 17, 2011 of the Ministry of Finance on management, payment, and capital investment and state budget investment funds with operational nature.

4. Adding item 4 to sub-point a, point 7.4, Part IV as follows:

Duration of food support: implemented according to Decision No. 43/2011/QĐ-TTg dated August 10, 2011 of

5. Amending and supplementing sub-point a, point 7.5, Part IV as follows:

Based on the production plan approved by the competent authority at the district level, make a one-time payment to the resettled households.

6. Amending and supplementing point 8.2, Part IV as follows:

Implemented according to the provisions of Circular No. 57/2010/TT-BTC dated April 16, 2010 of the Ministry of Finance on the preparation, use, and settlement of expenses for organizing the implementation of compensation, support, and resettlement when the State recovers land.

7. Abolishing the provision on settlement of construction contracts stipulated at point 1, Part V.

8. Adding content in Appendix No. 06 regarding the settlement of compensation, support, and resettlement costs directly paid to households.

9. Amending and supplementing point 2, Part V as follows:

On April 1 of the following year, the Vietnam Development Bank reports to the Ministry of Finance and the Vietnam Electricity Corporation on the receipt and use of project funds up to January 31 of the following year.

10. Amending and supplementing the reporting requirements for the Vietnam Development Bank at point 2, Part VI as follows:

- Abolishing the provision that "the fourth quarter report is replaced by an annual report due on January 20 of the following year."

- Adding a 13-month report (replacing the annual report) to be prepared on February 20 of the following year.

11. Amending and supplementing item 2, point 3, Part VI as follows:

Before preparing the final report on the receipt and use of project funds, the Vietnam Development Bank shall reconcile with the Ministry of Finance and the Vietnam Electricity Corporation on the amount of funds received and paid out during the year.

Article 2. This Circular takes effect from January 1, 2012.

During the implementation process, if there are difficulties or obstacles, localities and agencies are requested to promptly reflect them to the Ministry of Finance for study and appropriate amendments.