Circular No. 210/2010/TT-BTC stipulates the settlement of construction investment capital from state budget funds according to the annual fiscal year.

CIRCULAR

Article specifies the final settlement of basic construction investment capital from state budget funds according to the annual budget period.

 from the state budget according to the annual budget period.

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Pursuant to the State Budget Law No. 01/2002/QH11 dated December 16, 2002;

Based on Decree No. 221/2013/NĐ-CP dated December 30, 2013 of the Government stipulating the system of applying administrative handling measures for placement in compulsory drug rehabilitation facilities (hereinafter referred to as Decree No. 221/2013/NĐ-CP);

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;

The Ministry of Finance specifies the final settlement of basic construction investment capital from state budget funds according to the annual budget period as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Scope of Application

This Circular stipulates the final settlement of basic construction investment capital from state budget funds according to the annual budget period (hereinafter referred to as the annual settlement), including: preparation, submission, examination of the settlement and notification of the examination results of the settlement.

Article 2. Applicability

Annually, at the end of the budget period, the project sponsors, the superior agencies of the project sponsors, central and local agencies, financial agencies and State Treasury at all levels shall implement the preparation, submission, examination of the settlement and notification of the examination results of the settlement according to the contents, principles, and deadlines prescribed by the State Budget Law and this Circular.

II. SPECIFIC PROVISIONS

Article 3. Types of basic construction investment capital from the state budget subject to annual settlement include

1. Capital within the state budget estimate:

a) Basic construction investment capital according to the annual plan assigned by the State;

b) Basic construction investment capital from the previous year's plan that has been decided in writing by the competent authority to be carried over to the next year for continued implementation and payment.

2. Other basic construction investment capital from the state budget permitted to be used for investment according to the decision of the competent authority.

For basic construction investment capital from government bond sources: the project sponsors, the superior agencies of the project sponsors, central and local agencies, financial agencies and State Treasury at all levels shall prepare reports on the situation of payments according to the provisions of this Circular, but prepare separate reports, not consolidated into the annual budget settlement reports of central ministries and local departments. This report is submitted together with the annual state budget settlement. The Ministry of Finance will consolidate the report according to the regulations.

3. For basic construction investment capital that the competent authority permits to be advanced from the next year's budget estimate, no annual settlement report is prepared, but a comprehensive report is prepared for the financial agencies at all levels to monitor.

Article 4. Procedures for preparing, submitting, examining and notifying the results of the examination of the annual settlement report

1. For capital managed by central ministries and sectors:

a) The project sponsor prepares the annual settlement report and submits it to the central ministry or department. The ministries and departments examine the settlement of the project sponsors; compile and prepare the annual settlement report to submit to the Ministry of Finance.

b) In cases where the central ministries and departments have delegated management, the project sponsor prepares the annual settlement report and submits it to the superior agency responsible for delegated management; the superior agency of the project sponsor examines the settlement of the project sponsors and compiles the settlement of projects within the scope of delegated management to submit to the ministries and departments for compilation and preparation of the annual settlement report to submit to the Ministry of Finance.

If the annual settlement report of the project sponsor is not prepared in accordance with the regulations, the superior agency of the project sponsor or the ministry or department notifies the project sponsor to complete the report or prepare a new report for examination.

c) The State Treasury aggregates the annual settlement report of basic construction investment capital from state budget funds and other sources under its payment control, and submits it to the Ministry of Finance.

d) The Ministry of Finance examines and issues a notification of the examination results of the annual settlement to the central ministries and departments and the State Treasury.

2. For capital managed by localities:

2.1 - Capital managed by the provincial budget:

a) The project sponsor (or Project Management Board) prepares the annual settlement report and submits it to the provincial departments, bureaus, and agencies responsible for delegated management.

b) Provincial departments, bureaus, and agencies directly under the central government examine the settlement of project sponsors within their management responsibility; compile and prepare the annual settlement report to submit to the provincial finance department.

If the annual settlement report of the project sponsor is not prepared in accordance with the regulations, the provincial departments, bureaus, and agencies directly under the central government notify the project sponsor to complete the report or prepare a new report for examination.

c) The provincial State Treasury aggregates the annual settlement report of basic construction investment capital from state budget funds and other sources under its payment control, and submits it to the provincial finance department.

d) The provincial finance department examines and notifies the examination results of the annual settlement to the provincial departments, bureaus, and agencies and the provincial State Treasury; aggregates it into the annual local budget settlement report to submit to the People's Council for approval by the provincial People's Council.

d) Not later than five days after the provincial People's Council approves the state budget settlement, the provincial People's Committee sends it to the Ministry of Finance for consolidation and reporting according to the regulations.

2.2 - Capital managed by the district, county (hereinafter referred to as county), commune, ward, town (hereinafter referred to as commune) budget:

a) Based on the provisions of this Circular, the provincial finance department proposes procedures for preparing, submitting, examining and notifying the examination results of the annual settlement to the provincial People's Committee.

b) The county State Treasury aggregates and prepares the annual settlement report of basic construction investment capital from state budget funds and other sources under its payment control, and submits it to the county finance-plan department and the commune People's Committee (for commune-level management).

Article 5. Content of the Settlement Report

1. Data section:

a) For project sponsors implementing the forms (annexed to this Circular):

Form 01/CĐT on the annual settlement report of basic construction investment capital from the state budget;

Form 02/CĐT on the payment report of basic construction investment capital from advance state budget estimates for the following year (if applicable).

Form 03/CĐT on the payment report of basic construction investment capital from government bonds (if applicable);

Form 04/CĐT on the payment report of basic construction investment capital from advance government bonds (if applicable);

The project sponsor must reconcile the data on plans and paid capital with the State Treasury before preparing the annual settlement report. For commune budgets, the State Treasury coordinates with the commune People's Committee to review and reconcile the data between the State Treasury and the commune accountant to ensure accuracy. The reconciliation result serves as the basis for the commune People's Committee to report the commune budget settlement.

b) For the superior administrative bodies responsible for managing the project owner, central ministries and sectors, local departments and agencies shall implement the following forms (annexed to this Circular):

Form No. 01/CQTH on the final account report of construction investment capital from state budget sources;

Form No. 02/CQTH on the payment report of construction investment capital from advance budget estimates for the following year (if applicable);

Form No. 03/CQTH on the payment report of construction investment capital from government bonds (if applicable);

Form No. 04/CQTH on the payment report of construction investment capital from advance government bond funds (if applicable);

Specifically, for units receiving capital through cash disbursement orders: implement the four aforementioned forms 01/CQTH, 02/CQTH, 03/CQTH, 04/CQTH and also Form No. 01/KBQT on the final account report of construction investment capital allocated according to the fiscal year; Form No. 05/KBQT on the consolidated payment report of construction investment capital according to the state budget classification.

c) For State Treasury at all levels, implement the following forms (annexed to this Circular):

Form No. 01/KBQT on the final account report of various sources of construction investment capital. This form is compiled by State Treasury and units receiving capital through cash disbursement orders and submitted to the financial authority at the same level.

Form No. 02/KBQT on the detailed final account report of construction investment capital by unit, compiled by State Treasury and submitted to the financial authority at the same level.

Form No. 03/KBQT on the detailed final account report of construction investment capital by unit and project, compiled by State Treasury and submitted to the financial authority at the same level.

Form No. 04/KBQT on the consolidated report of construction investment capital advanced from the following year's budget estimate - detailed by unit and project, compiled by State Treasury and submitted to the financial authority at the same level.

Form No. 05/KBQT on the consolidated payment report of construction investment capital according to the state budget classification. This form is compiled by State Treasury and units receiving capital through cash disbursement orders and submitted to the financial authority at the same level.

Form No. 06/KBQT on the consolidated payment report of construction investment capital temporarily advanced under the non-recovery system - detailed by unit, compiled by State Treasury and submitted to the financial authority at the same level.

Form No. 07/KBQT on the consolidated payment report of construction investment capital from government bonds - detailed by unit and project, compiled by State Treasury and submitted to the financial authority at the same level.

Form No. 08/KBQT on the consolidated payment report of construction investment capital advanced from the following year's budget estimate from government bonds - detailed by unit and project, compiled by State Treasury and submitted to the financial authority at the same level.

2. Explanation Section:

a) For the project owner: report on the implementation of the plan, payment, and final accounting of state-assigned construction investment capital during the year; explain existing issues, obstacles, and factors affecting the implementation of plans, payments, and final accounting; propose measures to resolve issues related to investment capital management.

b) For the superior administrative body of the project owner, central ministries and sectors, local departments and agencies: provide a general report on the implementation of the plan, payment, and final accounting of state-assigned construction investment capital during the year; explain existing issues, obstacles, and factors affecting the implementation of plans, payments, and final accounting compared to assigned plans; propose measures to resolve issues related to investment capital management.

c) For the State Treasury:

Provide a general report on the characteristics and situation of payment and final accounting of state budget construction investment capital usage.

Propose and recommend solutions to resolve existing issues and obstacles related to annual final accounting of construction investment capital as well as investment capital management, including specifying the reasons for increases or decreases in investment capital of ministries, sectors, and localities, and projects with existing issues and obstacles.

Article 6. Content of the review of the annual settlement report

1- For superior agencies of the project owner:

a) Check the completeness and accuracy regarding the annual capital plan, list, project name, and payment amount for each project assigned annually.

b) Check the completeness and accuracy regarding the annual plan, list, project name, and payment amount for each project from the previous year's plan carried over to continue implementation and payment in the following year.

c) Compare the payment amount with the planned amount for each project; determine the amount transferred to the following year for continued implementation and payment; identify cancelled capital plans.

d) Check the appropriateness of the sources and structure of capital for each project.

d) Review and consolidate completed projects (including all components, sub-projects, or project parts completed within group A projects) during the planning year.

e) Comment on the implementation, payment, and settlement of capital during the year, compliance with regulations and policies, and other relevant matters.

g) Other comments.

2. For financial agencies:

a) Check and determine the appropriateness of the total source of capital and capital structure in the annual settlement reports of ministries, sectors, localities, and the State Treasury's consolidated settlement report.

b) Check and determine the consistency of the project list between the annual settlement reports of ministries, sectors, localities, and the State Treasury at the same level.

c) Compare the capital plan and payment amount for each project between the annual settlement reports of ministries, sectors, localities, and the State Treasury at the same level. Determine the amount transferred to the following year for continued implementation and payment; identify cancelled capital plans.

d) Other comments.

Article 7. Principles of annual settlement

1. For the State Treasury, the deadline for closing accounts to prepare the annual settlement report is the end of day 31 January of the following year (including central budget, provincial budget, district budget, commune budget).

Payments up to the end of day 31 January of the following year are reported in the national budget settlement report of the planning year; payments after day 31 January of the following year are reported in the national budget settlement report of the subsequent year.

2. For the project owner, the deadline for closing accounts to prepare the annual settlement report is the end of day 31 January of the following year and the report must be prepared according to form number 01/CĐT in this Circular.

In cases where the competent authority permits an extension of the payment period beyond the closing date, payments made after the closing date are settled in the national budget of the following year.

3. Payment amounts included in the annual settlement report include:

a/ Payment for the completed construction works of investment projects funded from the allocated capital in the planning year, including payments made through recording receipts and expenditures or foreign currency payments from January 1 of the planning year to the closing date.

If the allocated investment capital includes provisions for recovering previously advanced funds from the state budget for projects, the settlement amount is the total payment for completed work up to the settlement period, including the portion of previously recovered advance payments transferred from earlier periods.

* Example 1: Project A received an advance allocation of 5 billion VND from the state budget in 2008 for the 2009 budget. The 2009 investment capital plan for the project was 10 billion VND, including recovery of 5 billion VND in advances and payment for completed work in 2009 of 5 billion VND. Therefore, the maximum payment reported in the 2009 settlement report for Project A is 10 billion VND for completed construction works.

* Example 2: Project B received an advance allocation of 5 billion VND from the state budget in 2008 for the 2009 budget. The 2009 investment capital plan for the project was 10 billion VND, including recovery of 3 billion VND in advances and payment for completed work in 2009 of 7 billion VND. Therefore, the maximum payment reported in the 2009 settlement report for Project B is 10 billion VND for completed construction works. The remaining 2 billion VND in unrecovered advances will continue to be tracked for recovery when the recovery plan is issued.

b/ Payment for the completed construction works of investment projects funded from the previous year's plan permitted to be carried forward to the next year, including payments made through recording receipts and expenditures or foreign currency payments from February 1 of the planning year to the closing date.

c/ Settlement of amounts temporarily advanced according to regulations not yet recovered from previous years, carried forward to the planning year.

4. For investment projects under the annual capital disbursement plan permitted to be carried forward to the next year, the settlement amount reported is the payment for completed construction works from January 1 of the planning year to the end of the budget settlement adjustment period (January 31 of the following year). Payments made after the previous year's budget settlement adjustment period are settled in the following year's budget.

Example 3: Project C was planned at 10 billion VND in 2009; by the end of January 31, 2010, the project had paid for completed work totaling 7 billion VND; the remaining 3 billion VND in the plan was allowed to continue payment until the end of the 2010 budget period. The settlement report for Project C in 2009 includes 7 billion VND; the remaining 3 billion VND paid after January 31, 2010, is included in the 2010 budget settlement report.

5. Temporary advances according to regulations not yet recovered are not included in the settlement of the planning year's budget and are transferred to the following year's budget for settlement according to Circular No. 108/2008/TT-BTC dated November 18, 2008, of the Ministry of Finance on guiding the end-of-year budget and preparation, reporting of annual national budget settlement, and any amendments or replacements thereof.

6. Reported figures must be detailed by source of capital, including domestic and foreign capital (if applicable).

For foreign capital specifically, the State Treasury reports the settled amount recorded as receipts and expenditures for the project; the project owner reports based on the amount actually paid to the project, detailing the recorded receipts and expenditures and unrecorded receipts and expenditures.

In cases where projects apply foreign capital mechanisms and such foreign capital is paid as domestic capital or domestic capital is used to pay for foreign capital plans, the settlement shall be recorded under foreign capital and noted clearly: domestic capital used to pay for foreign capital plans.

Article 8. Time limit for submitting reports, reviewing, and announcing review results of annual settlement

1. Time limit for submitting annual final accounts reports:

1.1. For capital managed by central ministries and sectors:

a) The project investor shall submit the annual settlement report to the superior agency authorized to manage the investor before June 1st of the following year.

b) Central ministries and sectors shall submit the annual settlement to the Ministry of Finance before October 1st of the following year.

1.2. For capital managed by localities: The time limit for submitting and reviewing settlement reports shall be stipulated by the Provincial People's Committee in accordance with the State Budget Law and guiding documents of the Law, but must ensure the time for compiling, establishing, and submitting the state budget settlement report according to the prescribed regulations.

1.3. The State Treasury shall compile, establish, and submit the annual settlement report: before March 15th of the following year (for commune-level budgets, district-level budgets); before April 1st of the following year (for provincial-level budgets and central budgets).

2- Time limit for reviewing and announcing the results of annual settlement review:

Within 30 working days from the date of receiving complete files according to the prescribed regulations, the financial agency must complete the review and announce the results of the annual settlement review for each agency and unit at the same level and subordinate units according to Form No. 01/TBTĐ (annexed to this Circular).

III. RESPONSIBILITIES OF RELATED AGENCIES

Article 9. Responsibilities of the project investor, superior agencies of the project investor, central and local agencies

1- Shall be responsible for the figures included in the annual settlement report; compile, establish, and review the annual settlement report in accordance with the guidance of this Circular and submit to the same-level financial agency within the prescribed time limit.

2- Within 15 working days from the date of receipt of the annual settlement review result notification from the financial agency, shall be responsible for implementing and providing written explanations on the recommendations in the annual settlement review notification sent to the financial agency.

3- The superior agency of the project investor shall be responsible for handling discrepancies in figures for each project. Specifically, payment figures must be reconciled and matched with the figures of the State Treasury.

Article 10. Responsibilities of financial agencies at all levels

1. Based on the annual settlement reports established by primary budget units and State Treasuries at all levels, the financial agency shall conduct reviews, announce review results, and consolidate them into the annual settlement of state budgets at all levels in accordance with the provisions of the State Budget Law.

2. In cases where full annual settlement reports (including adjustment, supplementary reports, and explanations on recommendations in the annual settlement review notification from the financial agency) are not received due to primary budget units (or subordinate units directly under them, or investors) failing to comply with the reporting system for annual settlements:

a) To ensure the time limit for settling state budgets at all levels as stipulated by the State Budget Law, based on the annual settlement report of the State Treasury, the financial agency shall check and consolidate it into the annual settlement of state budgets at all levels.

b) The Financial Agency has the right to temporarily suspend or request the State Treasury to temporarily suspend the disbursement of investment funds until the annual settlement report is received, and simultaneously issue a notification for the unit to be aware and cooperate in implementation.

3. In cases where annual settlement reports (including adjustment, supplementary reports, and explanations on recommendations in the annual settlement review notification from the financial agency) have been received, but there are discrepancies in figures between the reports of primary budget units and the State Treasury, the financial agency shall base its review and consolidation into the annual settlement of state budgets at all levels on the annual settlement report of the State Treasury.

IV. IMPLEMENTATION PROVISIONS

Article 11. Effective Date

This Circular takes effect 45 days from the date of issuance and replaces Circular No. 53/2005/TT-BTC dated June 23, 2005, issued by the Ministry of Finance, guiding the establishment, review, and submission of annual settlement reports for basic construction investment funds from the state budget according to the fiscal year.

During implementation, if there are difficulties, please send comments to the Ministry of Finance for study and appropriate amendments and supplements./.