Circular No. 209/2016/TT-BTC stipulates the level of collection, the system of collection, submission, management, and use of fees for project investment construction appraisal and basic design appraisal.

CIRCULAR

REGULATIONS ON THE LEVEL OF COLLECTION, COLLECTION SYSTEM, PAYMENT, MANAGEMENT AND USE OF FEES FOR REVIEWING INVESTMENT PROJECTS AND BASE DESIGN

Pursuant to the Law on Fees and Registration Fees dated November 25, 2015;

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

Pursuant to the Construction Law dated June 18, 2014;

Pursuant to Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain provisions of the Law on Fees and Charges;

WHEREAS, Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on project management for investment in construction;

Pursuant to Decree No. 11/2013/NĐ-CP dated January 14, 2013 of the Government on urban development investment management;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Policy Department;

The Minister of Finance issues this Circular to regulate the level of collection, collection system, payment, management and use of fees for reviewing investment projects and base design.

Article 1. Scope of Regulation and Applicability

1. Scope of regulation无效ealth

This Circular stipulates t sthe level of collection, collection system, payment, management and use of fees organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.hrime Minister cfor reviewing investment projects andrime Minister cbase designpolicies .

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

Circular For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.It applies to investors of construction projects specified in Appendix I issued together with Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on project management for investment construction and Decree No. 11/2013/ND-CP dated January 14, 2013 of the Government on urban development investment management. State agencies authorized to review investment projects and base design, organizations and individuals related to the collection, payment of fees for reviewing investment projects and base design.policies .

Article 2. Persons Paying Fees

Investors of construction projects specified in Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on project management for investment construction and Decree No. 11/2013/ND-CP dated January 14, 2013 of the Government on urban development investment management must pay fees according to this Circular when their investment projects and base designs are reviewed by competent specialized agencies on construction.

Article 3. Fee Collection Organizations

State agencies authorized to review investment projects and base design according to Article 10 of Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on project management for investment construction are the fee collecting entities.

Article 4. Fee Rates

1. The level of fees for reviewing investment projects and base design shall be implemented in accordance with the fee level table attached to this Circular.policies 2. Determining the amount of fees for reviewing investment projects:

a) The basis for determining the amount of fees for reviewing investment projects is the approved total investment amount and the fee rate, specifically as follows:

Approved total investment amount

Where P_i is the fee for reviewing the i-th project group based on the required scale value (unit: %). G_i is the required scale value for the i-th project group to calculate the review fee (unit: value of the work).

Where:

+ Commercial_{iorganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} G_up is the upper limit scale value for the required review scale (unit: value of the work).

+ G_it G_down is the lower limit scale value for the required review scale (unit: value of the work).

+ G_ia P_up is the fee for reviewing the i-th project group corresponding to G_up (unit: %).

+ G_ib ị construction trìng). trị construction

+ Commercial_ia ị._ia ị.

+ Commercial_ib ị._ib ị.

Within the fee levels based on the total investment amount of the project as specified in the fee table attached to this Circular.shall b) The fee for reviewing an investment project is determined according to the guidance at point a of this clause but not exceeding 150,000,000 (One hundred fifty million) VND/project.

In special cases, the Ministry of Construction may propose a plan to the Ministry of Finance for consideration and decision on the amount of fees for reviewing investment projects for specific projects.

For new urban areas, the fee for reviewing investment projects is determined according to the guidance at point a of this clause, where the approved total investment amount used as the basis for calculating the fee does not include compensation costs for land clearance, support, and resettlement already approved in the project.

For small-scale construction projects (reviewing economic-technical reports) funded by state budget, the fee for reviewing investment projects is determined according to the guidance at point a of this clause.

3. Determining the amount of fees for reviewing base design:

For investment construction projects using state capital outside the budget, PPP projects, and other investment construction projects as prescribed by the Construction Law and Decree No.

59/2015/ND-CP, if the specialized construction agency (based on the division of authority) leads the review of the base design of the project, the fee for reviewing the base design of the project is 50% of the fee for reviewing the investment project at point 1 of the fee table.g 4. For investment projects that must be reviewed by authorized state agencies but the agencies lack the conditions to conduct the review and therefore need to hire experts or consultants for pre-review or have requested such services, the state agencies can only collect 50% (fifty percent) of the fees as stipulated in points 1 and 2 of the fee table attached to this Circular. The cost of hiring experts or consultants for pre-review shall be carried out in accordance with regulations of the Ministry of Construction.No. 1. By the fifth day of each month, the fee collecting entity must transfer the collected fees from the previous month into a dedicated account opened at the State Treasury.

2. The fee collecting entity shall declare and settle the fees monthly and annually in accordance with Clause 3 of Article 19 and pay the fees into the state budget in accordance with Clause 2 of Article 26 of Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance guiding the implementation of certain provisions of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government. 1. The fee collecting entity must deposit all collected fees into the state budget. The costs for reviewing and collecting fees are covered by the state budget within the organization's budget according to the state budget expenditure regulations.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs2. In cases where the fee collecting entity is allocated operational costs according to the Government's or Prime Minister's regulations on self-management and self-responsibility mechanisms for personnel and administrative management expenses for state agencies:

Article 5. Declaration and Payment of Fees

a) For projects funded by the state budget: The authorized state agency reviewing investment projects collects 90% of the fees for reviewing investment projects and deposits 10% into the state budget.No. deposit the previous month's fee revenue into the pending fee account opened at the State Treasury for budget submission.

2. The fee collection organization shall declare fees on a monthly basis, settle accounts on an annual basis as prescribed in Clause 3, Article 19, and pay fees into the state budget according to the provisions of Clause 2, Article 26 of Circular No. 156/2013/TT-BTC dated November 6, 2013, issued by the Minister of Finance guiding the implementation of certain articles of the Law on Tax Administration; the Law Amending and Supplementing Certain Provisions of the Law on Tax Administration, and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government. 1. The fee collection organization shall remit the entire amount of collected fees into the state budget. The cost expenses for appraisal and fee collection shall be covered from the state budget allocation in the organizational budget according to the state budget expenditure regulations stipulated by law.

Article 6. Management and Use of Fees

2. In cases where the fee collection organization is allocated operational costs according to the government's or Prime Minister's regulations on the self-management and self-responsibility mechanism regarding the use of staff positions and administrative management funds for state agencies:

a) For projects funded by the state budget: The competent state agency appraising investment construction projects that collect project appraisal fees may retain 90% of the collected project appraisal fees and remit 10% into the state budget.

a) For state budget-funded projects: The competent state agency shall retain 90% of the project investment and construction review fee collected and remit 10% to the state budget.

b) For investment construction projects using state capital outside the budget, PPP projects, and investment construction projects using other capital (not using state budget capital): The competent state agency shall review the basic design for fee collection, and retain 50% of the collected fee revenue and remit 50% to the state budget.

3. The competent state agency reviewing investment construction projects, reviewing the basic design in accordance with the provisions of point a and b, Clause 2, Article 2 of this Decree, shall use the retained amount to cover the costs of the review work and collect fees in accordance with the provisions of Clause 2, Article 5 of Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain articles of the Law on Fees and Charges.

Article 7. Implementation Organization

1. This Circular takes effect from January 1, 2017, replacing Circular No. 176/2011/TT-BTC dated December 6, 2011 of the Minister of Finance.concerning the classification and determination of state management authority in the field of crop production "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."No. 176/2011/TT-BTC dated December 6, 2011 of the Minister of FinanceFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.1. This Circular guides the collection, submission, management, and use of fees for project investment design reviews. xconstruction.

2. Other matters related to the collection, submission, management, and use of fees not covered in this Circular shall be implemented in accordance with the Law on Fees and Charges; Decree No. 120/2016/NĐ-CP dated August 23, 2016 of the Government detailing and guiding the implementation of certain articles of the Law on Fees and Charges; Circular No. 156/2013/TT-BTC dated November 6, 2013 of the Minister of Finance guiding the implementation of certain articles of the Law on Tax Administration; the Law amending and supplementing certain articles of the Law on Tax Administration and Decree No. 83/2013/NĐ-CP dated July 22, 2013 of the Government and Circulars of the Minister of Financeg regarding printing, issuing, managing, and using various types of receipts for collecting fees and charges belonging to the state budget and any amendments, supplements, or replacements thereof (if any).ng3. Organizations and individuals subject to payment of fees and relevant agencies are responsible for implementing this Circular. During the implementation process, if there are any difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance for consideration and guidance./. q- Office of the Party Central Committee.- Government;- Ministries, equivalent agencies,

- Revenue collection agencies;policies- Office of the Central Committee; - Central Committees of the provincial-level delegations;

TABLE OF FEES FOR APPRAISING INVESTMENT CONSTRUCTION PROJECTS AND DESIGNING BASIC ENGINEERING

(BANNEXED TO THE CIRCULARNo. 209/2016/TT-BTC dated October 11 2016 of the Minister of Finance

1. Fee for appraising investment construction projects

2. Fee for appraising basic engineering design