Decision No. 22/2003/QD-BXD On the issuance of the Management Regulation on the collection, payment, and use of investment appraisal fees implemented by the Ministry of Construction

     

 DECISION OF THE MINISTER OF CONSTRUCTION

Regarding the issuance of the Regulation on Management of Collection, Payment and

 Use of Investment Appraisal Fees implemented by the Ministry of Construction

 

 

THE MINISTER OF CONSTRUCTION

 

Based on the State Budget Law No. 01/2002/QH11 adopted by the National Assembly at its 11th Session on 16/12/2002; Decree No. 60/2003/NĐ-CP dated 6/6/2003 of the Government detailing and guiding the implementation of the State Budget Law;

 

Pursuant to Decree No. 36/2003/NĐ-CP dated 4/4/2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

 

Based on 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;

 

Based on Circular No. 109/2000/TT-BTC dated 13/11/2000 of the Ministry of Finance guiding the regime of collection, payment, and use of investment appraisal fees;

 

At the proposal of the Heads of the Departments: Economic Finance, Survey Design Planning Statistics, Legal Affairs, and the Director of the Office of the Ministry of Construction,

 

 

DECISION:

 

Article 1. Issued herewith with this Decision is the "Regulation on Management of Collection, Payment and Use of Investment Appraisal Fees" implemented by the Ministry of Construction.

Article 2. This Decision shall take effect from the date of signing.

Article 3. The Officials: Head of the Office of the Ministry, Heads of the Departments: Economic Finance; Survey, Design Construction; Planning Statistics; Legal Affairs; Heads of the Bureaus, Departments under the Ministry shall be responsible for implementing this Decision./.

 

                         REGULATION ON MANAGEMENT OF COLLECTION, PAYMENT AND USE

INVESTMENT APPRAISAL FEES IMPLEMENTED BY THE MINISTRY OF CONSTRUCTION

 

(Issued together with Decision No. 22/2003/QĐ-BXD

dated September 11, 2003 of the Minister of Construction)

 

 

PART I

GENERAL PROVISIONS

 

Article 1:

1.1. The Regulation on Management of Collection, Payment and Use of Investment Appraisal Fees applies to all units participating in investment appraisal under the Ministry of Construction.

 

1.2. Investment appraisal fees include:

Project investment appraisal fee;

Technical design appraisal fee;

Total budget estimate appraisal fee.

 

Article 2:

 The amount of investment appraisal fees collected: shall be carried out strictly in accordance with the levels prescribed in Circular No. 109/2000/TT-BTC dated November 13, 2000 of the Ministry of Finance guiding the regime of collection, payment, and use of Investment Appraisal Fees.

 

PART II

SPECIFIC PROVISIONS

 

Article 3: Management of income and expenditure of investment appraisal fees:

3.1. All activities of collection and expenditure from the income of investment appraisal fees shall be centrally managed by the Office of the Ministry. The Office of the Ministry shall be responsible for organizing the collection, monitoring, and detailed accounting of all income and expenditure of the fees; monthly declaring and paying 25% of the collected investment appraisal fees into the state budget. Based on the income from the investment appraisal fees and the budget estimates, it will temporarily allocate funds to the participating units and guide them to complete the expense vouchers according to regulations.

3.2. Quarterly and annually, the Departments in charge of the appraisal shall prepare the budget for income and expenditure of the investment appraisal fees based on their assigned tasks and send it to the Department of Survey, Design and Construction.

The Department of Survey, Design and Construction shall be responsible for consolidating the budgets of all income and expenditure of the investment appraisal fees based on the budgets of the Departments and submit them to the Office of the Ministry for implementation.

The Departments in charge of the appraisal shall calculate the collection amounts and inform the Office of the Ministry to issue receipts for the fees; they shall be responsible for urging the investors to pay the full and timely amount of the fees due.

Article 4:

4.1. Expenditure items:

Paying into the State Budget: 25% of the collected fees.

Expenditure for appraisal services: 75% of the collected fees.

4.2. Based on the total income from the investment appraisal fees, the Office of the Ministry shall declare and pay 25% of the collected fees each month into the State Budget.

4.3. Expenditure for investment appraisal work and organization of fee collection:

4.3.1. In cases where the Departments directly conduct the appraisal:

a - The Departments may spend:

Payment for remuneration of those directly involved in the appraisal, including members from other agencies participating in the appraisal;

Costs for conferences, seminars, meetings to provide opinions with related units during the appraisal process;

Costs for short-term training and professional development to enhance the expertise of staff involved in the appraisal;

Cooperation with relevant Departments assigned by the Minister to cover costs for field surveys at project sites or similar operating units (data analysis, site visits, learning experiences);

Costs for organizing the collection of investment appraisal fees.

Other reasonable expenses directly related to the appraisal work.

The spending level for the above contents shall be 70% of the retained investment appraisal fees.

Within ten days after the completion of expenditures or after temporary advance payments for the appraisal work, the units shall be responsible for returning the expense vouchers to the Office of the Ministry according to the above expenditures.

b - The Office of the Ministry, based on the total retained 75% of the investment appraisal fees after deducting direct expenditures for the participating units, shall use the remaining amount for the following common expenditures:

Payment for public services and communication;

Office supplies;

Travel expenses for appraisal work;

Repair of assets and equipment;

Contribution to a reward fund for those engaged in appraisal work and fee collection.

Other expenses related to appraisal work.

4.1.2 In cases where the Departments do not directly conduct the appraisal but must hire independent experts or consultants to conduct the appraisal.

The Departments may spend as follows:

Costs for works related to the appraisal of investments within their management areas (excluding works already contracted through service contracts).

Costs for organizing the collection of investment appraisal fees.

The spending level for the above contents shall be 70% of the retained investment appraisal fees.

The remainder shall be managed by the Ministry's Office for common expenses as stipulated in point b, section 4.3.1.

 

 

Article 5. Accounting system and final account reporting:

Quarterly and annually, the Ministry's Office is responsible for preparing the budget estimate, consolidating the final accounts of examination fees for investment approval together with the annual budget estimates and final accounts of the unit to be submitted to the competent authority for monitoring and consolidation according to the administrative and public institution accounting system prescribed in Decision No. 999/TC/CĐKT dated November 2, 1996, issued by the Minister of Finance, and Circular No. 121/2002/TT-BTC dated December 31, 2002, issued by the Ministry of Finance on guiding the accounting of revenue-generating public institutions.

Based on specific characteristics and management requirements, the Ministry's Office shall establish procedures for the preparation and circulation of internal expenditure vouchers to align with management practices and accounting records.

The heads of units participating in investment examination and the units organizing collection are responsible for decisions on income and expenditure, ensuring the accuracy and objectivity of expenditure data and financial final account reports.

The Department of Economic Finance is responsible for guiding and inspecting the management and use of examination fees for investment approval.

 

CHAPTER III

IMPLEMENTATION 

1. In accordance with the provisions of this Regulation, the heads of units participating in investment examination and the units organizing collection are responsible for implementing the management of income from examination fees for investment approval and expenditures from such income in accordance with the unified regulations set forth in this Regulation.

The heads of units participating in investment examination and the units organizing collection are responsible for instructing departments within their units to implement this Regulation.

This Regulation replaces Document No. 17/BXD/TCKT dated June 3, 2001, issued by the Ministry of Construction regarding "the implementation of the collection of examination fees for investment approval under Circular No. 109/2000/TT-BTC dated November 13, 2000," and shall take effect from the date of signature.

2. During the implementation of the management regulation for the collection, submission, and use of examination fees for investment approval, if there are unsuitable contents, units should provide feedback to make timely amendments and adjustments in compliance with state regulations and the financial management requirements of the Ministry./.