Circular No. 22/2015/TT-BTC stipulates the management, settlement, and finalization of investment capital and operational capital with investment characteristics in poor districts and districts with high poverty rates.

CIRCULAR

Provisions on management, settlement, and final accounting of investment capital and operational funds with investment characteristics

in poor districts and districts with high poverty rates

__________________________

 

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

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 the Government Decrees:No. 52/1999/ND-CP dated July 8, 1999 promulgating the Investment Management and Construction Regulation; Decree No. 12/2000/ND-CP dated May 5, 2000 amending the Investment Management and Construction Regulation issued together with Decree No. 52/1999/ND-CP; Decree No. 07/2003/ND-CP dated January 30, 2003 amending the Investment Management and Construction Regulation issued together with Decree No. 52/1999/ND-CP;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on project management for construction works; Decree No. 83/2009/ND-CP dated October 15, 2009 of the Government amending some provisions of Decree No. 12/2009/ND-CP on project management for construction works;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to the Law on Public Investment dated November 29, 2024;No. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonPursuant to Decree No. 112/2009/ND-CP dated December 14, 2009 of the Government on construction cost management;

Pursuant to Decree No. 48/2010/ND-CP dated May 7, 2010 of the Government on contracts in construction activities; Decree No. 207/2013/ND-CP dated December 11, 2013 of the Government amending Decree No. 48/2010/ND-CP on contracts in construction activities;intention Pursuant to Decision No. 4/ND-CP dated June 26, 2014 of the Government detailing the implementation of certain provisions of the Law on Investment;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPPursuant to Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to rapidly reduce poverty in 61 poor districts;No. Implementing Decision No. 615/QD-TTg dated April 25, 2011 of the Prime Minister on providing targeted support from the central budget for seven districts with high poverty rates applying investment mechanisms and policies for infrastructure development according to the provisions of Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to rapidly reduce poverty in 62 poor districts;

Implementing Decision No. 293/QD-TTg dated February 5, 2013 on providing targeted support from the central budget for twenty-three districts with high poverty rates applying investment mechanisms and policies for infrastructure development according to the provisions of Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to rapidly reduce poverty in 62 poor districts;

Implementing Decision No. 1791/QD-TTg dated October 1, 2013 of the Prime Minister supplementing Nam Nhun district, Lai Chau province; Nam Pa district, Dien Bien province to the list of poor districts eligible for support mechanisms and policies under Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to rapidly reduce poverty in 62 poor districts;No. Considering the proposal of the Director of the Investment Department,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ,No. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonyear 2013 amending and supplementing certain articles of Decree No. 204/2004/ND-CP dated December 4, 2004 on the salary system for public officials, civil servants, and armed forces personnel;No. The Minister of Finance issues this Circular stipulating the management, settlement, and final accounting of investment capital and operational funds with investment characteristics in poor districts and districts with high poverty rates.

BASED ON DECREE NO. 63/2012/NĐ-CP dated August 31, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;1Article 1. Scope of Application and Scope of RegulationNo. 1. This Circular applies to investment projects for economic and social infrastructure using state budget funds and other lawful sources (collectively referred to as projects) in poor districts and districts with high poverty rates as defined in the Prime Minister's decisions implementing investment mechanisms and policies for infrastructure development according to Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to rapidly reduce poverty in poor districts (collectively referred to as poor districts).of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs||| The Prime Minister issues the Decision providing for centralized procurement of state assets;

2. The scope of application includes organizations and individuals involved in the use, management, settlement, and final accounting of projects in poor districts.onArticle 3. Functions, duties, powers of Management Boards and duties, powers of the Chairperson, Vice Chairperson (if any), Secretary, and Members of Management Boards12. Leather shoesmanagementNo.with 61 poor districts;

Implement Decision No. 615/QD-TTg dated April 25, 2011 of the Prime Minister on providing targeted support from the state budget for seven districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;ỗ for seven districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;shall for seven districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."for seven districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;ầfor seven districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;y for seven districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;No. for seven districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;onwith 62 poor districts;No.with 62 poor districts;ywith 62 poor districts;

Implement Decision No. 293/QD-TTg dated February 5, 2013 on providing targeted support from the state budget for 23 districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;shall with 23 districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;g with 23 districts with high poverty rates, applying investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;No.with 62 poor districts;

Implement Decision No. 1791/QD-TTg dated October 1, 2013 of the Prime Minister supplementing Nam Nhun district, Lai Chau province; Nam P district, Dien Bien province to the list of poor districts eligible for support mechanisms and policies under Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;ồ, Dien Bien province to the list of poor districts eligible for support mechanisms and policies under Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;ê, Dien Bien province to the list of poor districts eligible for support mechanisms and policies under Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in 62 poor districts;

Considering the proposal of the Director of the Investment Department,

The Minister of Finance issues this Circular to regulate management, payment, settlement of investment capital and public funds with investment nature in poor districts and districts with high poverty rates.No.public funds with investment nature in poor districts and districts with high poverty rates."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."public funds with investment nature in poor districts and districts with high poverty rates.

PART I

GENERAL PROVISIONS

Article 1. Scope of Application and Regulatory Scope

1. This Circular applies to investment projects for economic and social infrastructure construction using investment capital, public funds with investment nature from state budget sources and other lawful sources (referred to collectively as projects) in poor districts and districts with high poverty rates as applied by the Prime Minister's Decisions on investment mechanisms and policies for infrastructure development as stipulated in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to reduce poverty quickly and sustainably in poor districts (referred to collectively as poor districts).

2. The scope of application includes organizations and individuals related to the use, management, payment, and settlement of projects in poor districts.

Article 2. Sources of Capital

The investment capital and the public service funds with investment nature for infrastructure projects in poor districts include:

1. State budget capital, including:

a) Central state budget capital:

- Capital managed by central ministries and sectors;

- Annual supplementary central state budget capital with specific purposes for local budgets;

- Supplementary central state budget capital with specific purposes for local budgets through national target programs and specific programs.

b) Local state budget capital;

c) Official Development Assistance (ODA) capital and preferential loans from foreign sponsors (preferential loans), non-refundable aid funded by international organizations and non-governmental organizations;

2. Government bond capital.

3. Support and contributions from organizations and individuals both domestically and internationally and other legitimate financial sources.

Article 3. Principles of Management, Settlement, and Finalization

1. The management, settlement, and finalization of investment capital for projects in poor districts must ensure the intended purpose, correct beneficiaries, economy, and effectiveness; comply with the state's financial, investment, and construction management regulations and the detailed guidance provided in this Circular.

2. The management, utilization, settlement, and finalization of investment capital from the following sources: communal budget, government bonds, ODA, and preferential loans shall be carried out as follows:

- Projects invested with communal budget capital and within the approval authority of the People's Committee Chair at the commune level shall be implemented according to Circular No. 28/2012/TT-BTC dated February 24, 2012, issued by the Ministry of Finance on managing investment capital from communal, ward, and town budgets, and any subsequent amendments or replacements thereof;

- Projects invested with government bond capital shall be implemented in accordance with Circular No. 231/2012/TT-BTC dated December 28, 2012, issued by the Ministry of Finance on managing, settling, and finalizing investment capital for projects using government bond capital, and any subsequent amendments or replacements thereof;

- Projects utilizing ODA and preferential loan capital shall be implemented in accordance with Circular No. 218/2013/TT-BTC dated December 31, 2013, issued by the Ministry of Finance on financial management for programs and projects using ODA and preferential foreign loans from sponsors, and any subsequent amendments or replacements thereof;

Special provisions such as the time frame for adjusting the capital plan, implementation period, and payment period shall be carried out in accordance with this Circular and relevant directives from authorized bodies.

Article 4. Agencies for Supervision and Payment of Capital

1. The State Treasury Agency shall carry out supervision and payment of capital according to assigned tasks.

2. Other agencies or units assigned to supervise the payment of state budget capital for certain special projects according to the Prime Minister's decision.

3. For projects using ODA and preferential loan capital: implementation shall follow Circular No. 218/2013/TT-BTC dated December 31, 2013, issued by the Ministry of Finance, and any subsequent amendments or replacements thereof.

Chapter II

SPECIFIC PROVISIONS

Section 1

ALLOCATION, AUDIT OF ALLOCATION, AND ADJUSTMENT OF THE PLAN

Article 5. Allocation, review of allocation, and adjustment of investment capital plan, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPThe preparation and allocation of the annual investment capital plan (including the integration of investment funds in poor districts) shall be carried out in accordance with Circular Joint No. 02/2014/TTLT-BKHĐT-BTC dated February 12, 2014, issued by the Ministry of Planning and Investment and the Ministry of Finance on guiding the integration of sources of funds to implement the Program for Rapid and Sustainable Poverty Reduction in Poor Districts, as well as any subsequent amendments, supplements, or replacements (if any), current regulations, and annual budget preparation guidelines issued by the Ministry of Finance. To serve management and control of payment of capital, ministries, sectors, and localities allocate capital plans to each project, ensuring the following basic conditions:

1. Conditions for projects to be allocated capital plans.

a) For projects assigned by the Prime Minister and announced by the Ministry of Planning and Investment regarding the annual investment capital from the central budget (including targeted support funds for localities) and government bonds, it must ensure all required procedures for project investment according to current regulations; new construction projects and projects adjusting total investment amounts must undergo a thorough review of funding sources in accordance with current regulations.

b) For investment capital from local budgets, it must ensure all required procedures for project investment according to current regulations; localities must conduct a thorough review of funding sources before approving projects in accordance with current regulations.

2. Regarding project codes and capital plans.

Ministries, sectors, and People's Committees at all levels allocate development investment capital to each project based on the project code and economic sector (type, item) according to Appendix No. 02 issued pursuant to Decision No. 33/2008/QD-BTC dated June 2, 2008, of the Minister of Finance on the National Budget Classification System, Circular No. 110/2012/TT-BTC of the Ministry of Finance amending and supplementing certain provisions of Decision No. 33/2008/QD-BTC dated June 2, 2008, of the Minister of Finance on the National Budget Classification System, and Circular No. 147/2013/TT-BTC dated October 23, 2013, of the Ministry of Finance on amending and supplementing the National Budget Classification System, and any subsequent amendments, supplements, or replacements (if any).

a) For projects managed by central ministries and sectors:

- Based on the medium-term investment capital plan (if applicable) and the annual investment capital plan assigned, ministries and sectors allocate annual capital plan indicators to eligible investors within their management scope, ensuring compliance with the assigned capital amount; domestic and foreign capital structure; economic sector structure; simultaneously sending the Ministry of Planning and Investment, the Ministry of Finance, and the State Treasury within the specified time for monitoring and management;

- The Central State Treasury receives detailed investment capital plans of central ministries and sectors allocated to each project, implements the transfer of project capital plans (with details according to chapter codes, project codes, and economic sector (type, item) codes of ministries and sectors) to the State Treasury (local level) as a basis for controlling and paying capital.

b) For projects managed by localities:

- Based on the medium-term plan (if applicable) and the assigned annual plan, People's Committees at all levels develop capital allocation schemes to submit to the People's Councils at the same level for decision. According to the resolution of the People's Council, the People's Committee allocates and decides to assign investment capital plans to eligible investors within their management scope, ensuring compliance with the assigned total investment amount, domestic and foreign capital structure, economic sector structure, total capital of each program, project list, and project capital amount; adhering to regulations on investment targets and purposes of each source of investment capital (within the authority to allocate capital of the locality); simultaneously sending the Ministry of Planning and Investment, the Ministry of Finance, the Department of Finance, and the State Treasury within the specified time for monitoring and management and as a basis for controlling and paying capital;

- The People's Committee of the district sends the investment capital plan to the Department of Finance, concurrently sending it to the District Financial and Planning Office and the State Treasury of the district for monitoring and as a basis for controlling and paying capital. For districts, towns, and villages where the People's Council is not organized, they follow Circular No. 63/2009/TT-BTC dated March 27, 2009, of the Ministry of Finance on the work of preparing budgets, organizing budget implementation, and finalizing budgets for districts, towns, towns, and villages where the People's Council is not organized.

3. Content and time for allocating investment capital plans: immediately after receiving the annual state budget investment development capital plan (including supplementary capital plans) assigned by the competent authority according to regulations, ministries, sectors, and localities promptly allocate capital plans to each project according

to Table No. Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDS/PBKH accompanying this Circular 01; the time for allocating capital plans must comply with the regulations of the competent authority.4. Review of allocation of investment capital plans.

The Ministry of Finance provides comments on the allocation review sent to ministries and sectors within five working days from the date of receipt of the investment capital allocation plan of ministries and sectors, including any adjusted or supplementary plans (if any). In cases where projects are allocated incorrectly, the Ministry of Finance provides comments for the State Treasury to stop payments; if payments have already been made, they must recover the paid capital for that project. Ministries and sectors are responsible for directing project sponsors whose capital allocations are incorrect to repay the state budget for the paid capital and bear responsibility for the consequences caused by incorrect allocations.

- Based on the medium-term investment capital plan (if applicable) and the annual investment capital plan assigned, ministries and sectors allocate annual capital plan indicators to eligible investors within their management scope, ensuring compliance with the assigned capital amount; domestic and foreign capital structure; economic sector structure; simultaneously sending the Ministry of Planning and Investment, the Ministry of Finance, and the State Treasury within the specified time for monitoring and management;

The Ministry of Finance shall provide comments on the allocation plan sent to relevant ministries and sectors within five working days from the date of receipt of the capital allocation plan of these ministries and sectors, including any adjustment and supplementary plans (if any). In case of improper allocation of projects, the Ministry of Finance shall provide comments for the State Treasury to stop payments. If payments have already been made, they shall be recovered for the improperly allocated project. Relevant ministries and sectors shall instruct the project sponsors of improperly allocated projects to return the state budget for the amount paid and bear responsibility for the consequences caused by improper allocation.

- Based on the medium-term plan (if applicable) and the assigned annual plan, People's Committees at all levels develop capital allocation schemes to submit to the People's Councils at the same level for decision. According to the resolution of the People's Council, the People's Committee allocates and decides to assign investment capital plans to eligible investors within their management scope, ensuring compliance with the assigned total investment amount, domestic and foreign capital structure, economic sector structure, total capital of each program, project list, and project capital amount; adhering to regulations on investment targets and purposes of each source of investment capital (within the authority to allocate capital of the locality); simultaneously sending the Ministry of Planning and Investment, the Ministry of Finance, the Department of Finance, and the State Treasury within the specified time for monitoring and management and as a basis for controlling and paying capital;

- For projects managed by provincial authorities, during the process of participating with relevant units on annual investment capital plans, including adjustment and supplementary plans (including central government budget funds and local government budget funds), the Department of Finance simultaneously performs the task of reviewing the allocation plan before agencies submit to the Provincial People's Committee for decision, ensuring that projects have complete investment procedures and meet the principles of capital allocation. Based on the decision on the investment capital plan issued by the Provincial People's Committee, the State Treasury implements payment control according to regulations. In cases where projects lack investment procedures, the provincial State Treasury stops payments and notifies the Department of Finance to report to the Provincial People's Committee for handling in accordance with regulations.

- For projects managed by district authorities, the Financial Planning Office performs the task of reviewing the allocation plan immediately before submitting to the District People's Committee for decision, ensuring that projects have complete investment procedures and meet the principles of capital allocation. Based on the decision on the investment capital plan issued by the District People's Committee, the district State Treasury implements payment control according to regulations. In cases where projects lack investment procedures, the district State Treasury stops payments and notifies the Financial Planning Office, while also reporting to the District People's Committee for handling in accordance with regulations.

- During the Ministry of Finance's review comments on the allocation of annual investment capital plans and supplementary plans for projects supported from central government budget funds, if it is found that a project lacks investment procedures, does not belong to the assigned plan, is not for the correct target, or does not match the level of central government budget support, the Ministry of Finance will issue a notification to stop payments by the Provincial People's Committee and the State Treasury; if payments have already been made, they must be recovered. The Provincial People's Committee is responsible for directing the project sponsor to repay the state budget for the amount paid and bear responsibility for the consequences caused by improper allocation.

5. Documents to serve the review of the allocation of investment capital plans include:

a) For preparatory investment projects:

- Decision approving the investment direction of the project by the competent authority;

- Document approving the preliminary cost estimate for investment preparation work.

b) For implementation investment projects:

- Document assessing the source of capital according to regulations for new construction projects and projects adjusting the total investment ceiling;

- Decision on investment in the project by the competent authority (or economic-technical report for projects only preparing an economic-technical report), and decisions adjusting the project (if any).

6. Adjustment of investment capital plans.

a) Principles:

- Ministries, central sectoral agencies, and localities review the progress and investment objectives of projects in the year to adjust the investment capital plan within their authority or request the competent authority to adjust the investment capital plan, transferring capital from projects without the ability to implement to projects with sufficient conditions for payment;

- Before submitting the adjusted capital plan for each project within their authority or requesting the competent authority to do so, ministries, central sectoral agencies, and localities direct the project sponsor to stop payments at the time of planned adjustment and work with the State Treasury to confirm the amount of capital allocated for the year that has been paid to the project, determine the remaining capital due to non-execution, ensuring that the project plan after adjustment is not lower than the amount of capital the State Treasury has already paid according to Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSTable 02/XNVTT issued together with this CircularNo. . Ministries, central sectoral agencies, and localities are responsible for disbursement figures and adjusted capital plans. The deadline for submitting the adjusted capital plan is no later than April 30 of the following year.b) Ministries, central sectoral agencies, and localities implement adjustments to the investment capital plan according to regulations, sending the finance department at the same level and the State Treasury as the basis for payment. The deadline for adjusting the annual investment capital plan for each project is no later than May 31 of the following year. The review of the adjustment of capital allocation follows the provisions of Clause 4 of this Article;

Adjusted capital plans for projects must fall within the scope of the total annual capital plan allocated and must fall within the scope of the medium-term plan (if any). The total amount of adjusted capital does not exceed the plan assigned by the Prime Minister for central government budget funds by sector, field, and program, and does not exceed the plan assigned by the Chairman of the Provincial People's Committee or the District People's Committee for local government budget funds according

Table 03/ĐCKH issued together with this Circular Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSu bidevelopmentrom 202No. TEMPORARY LOANS, PAYMENTS AND RECOVERY OF ADVANCED FUNDS.

Section 2

TEMPORARY PAYMENTS, PAYMENTS AND RECOVERY OF ADVANCED FUNDS

Article 6. Advance payment, capital investment settlement, and recovery of advance payments organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.recovery of advanced funds

1. Opening an account

The project investor or the Project Management Board (hereinafter referred to collectively as the investor) shall open an account at the State Treasury in accordance with Article 8 of Circular No. 61/2014/TT-BTC dated May 12, 2014 of the Ministry of Finance on guiding registration and use of accounts at the State Treasury under the conditions of applying the Public Financial Management and State Treasury Information System and any subsequent amendments, supplements, or replacements thereof (if any).

2. Payment documents.

To serve management and control over capital investment payments, the investor shall submit to the State Treasury where the payment account is opened all project documents; these documents may be original or certified true copies, submitted only once until the completion of the project, including cases where multiple sources of funding are used, except for cases requiring supplementation or adjustment, including:

a) For investment preparation work:

- Approved budget estimate for investment preparation work;

- Approval document for the results of tender selection in accordance with Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Bidding Law on selecting contractors and any subsequent amendments, supplements, or replacements thereof (if any);

- Contract and contract appendices (if any) between the investor and the contractor;

- In cases where the investor implements the work themselves: the documents include the approved budget estimate for investment preparation work, assignment documents or internal contracts.

b) For implementation of investment work:

- Investment construction project (or economic-technical report for projects that only prepare economic-technical reports) along with the investment decision of the competent authority, project adjustment decisions (if any);

- Approval document for the results of tender selection in accordance with Decree No. 63/2014/NĐ-CP dated June 26, 2014 of the Government detailing certain provisions of the Bidding Law on selecting contractors and any subsequent amendments, supplements, or replacements thereof (if any);

- Contract and contract appendices (if any) between the investor and the contractor, excluding technical documents according to the law;

- Budget estimate and approval decision of the investor for each task, sub-project, project for cases of direct award or self-execution and works carried out without a contract;

- Capital source verification document in accordance with regulations (applicable to projects managed by localities).

c) For cases where the Investor implements the work themselves:

- Investment construction project (or economic-technical report for projects that only prepare economic-technical reports) and the investment decision of the competent authority, project adjustment decisions (if any);

- Budget estimate and approval decision of the investor for each task, sub-project, project;

- Document from the competent authority allowing self-execution of the project (in cases not included in the investment decision of the competent authority);

- Assignment document or internal contract.

3. Advance payment of capital.

a) Application for advance payment of capital: based on the documents and materials stipulated in Clause 2 of this Article and the advance capital amount specified in Point b, Clause 3 of this Article; the investor shall prepare an application for advance payment to send to the State Treasury including:

- Investment capital payment request form or advance payment request form in accordance with Form S Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSu 04/GĐNTTVĐT issued in accordance with this CircularNo. 04/GĐNTTVĐT issued in accordance with this Circularcoholic beveragesand review the allocation of funds;

- Bank transfer voucher (according to the accounting voucher system of the Ministry of Finance);

- Contractor's guarantee for the advance payment amount implemented in accordance with the following regulations and any subsequent amendments, supplements, or replacements thereof (if any):

+ For contracts signed from the date Decree No. 207/2013/NĐ-CP dated December 11, 2013 of the Government amending and supplementing certain articles of Decree No. 48/2010/NĐ-CP dated May 7, 2010 of the Government on contracts in construction activities came into effect (February 1, 2014), shall be implemented in accordance with Decree No. 207/2013/NĐ-CP dated December 11, 2013 of the Government and any subsequent amendments, supplements, or replacements thereof (if any);

For cases of self-execution, follow the guidelines of the Ministry of Construction regarding advance payment guarantees for contracts in certain special cases;

+ For contracts signed and being implemented before the effective date of Decree No. 207/2013/NĐ-CP dated December 11, 2013 of the Government (February 1, 2014), there is no need to comply with this regulation.

b) The level of advance capital payment shall be implemented in accordance with the following regulations and any subsequent amendments, supplements, or replacements thereof (if any):

The total advance capital payment amount for contracts executed in a year shall not exceed 30% of the annual capital plan allocated to the project (including adjusted plans); the total advance capital payment amount shall not exceed the advance payment value according to the ratio specified in the contract (or approved budget for tasks carried out without a contract). In cases where the project has been allocated a capital plan but the advance capital payment amount is insufficient according to the contract, after completing the payment of completed quantities and recovering the entire or part of the previously advanced capital, upon the investor's request, the State Treasury shall provide additional advance payments to the project;

The maximum outstanding advance capital payment amount shall not exceed 30% of the annual capital plan allocated to the project. If the outstanding advance capital payment amount exceeds 30% of the adjusted plan, the investor shall cooperate with the State Treasury to recover it to ensure compliance with the above outstanding advance capital payment limit;

For land clearance work, the advance capital payment amount shall be based on the requirements and needs in the approved land clearance plan of the competent authority but shall not exceed the annual capital plan allocated for land clearance work;

c) Advance capital payment shall be made after the contract becomes effective; based on the investor's advance payment request, the annual capital allocation plan (including adjusted plans) and the economic contract signed between the investor and the contractor, the State Treasury shall control and transfer the advance capital payment ensuring it does not exceed the advance capital payment limit specified in Point b, Clause 3 of this Article;

d) Settlement and recovery of advance capital payment:

Advance capital payment shall be settled through each payment of completed quantities of the contract, starting from the first payment and fully recovered when the completed quantity payment reaches 80% of the contract value. The amount of each payment shall be agreed by the investor and the contractor and specified in the contract.

The value of the advance payment guarantee under the contract shall be deducted correspondingly with the amount of advance payment recovered through each payment between the contractor and the subcontractor. The project investor ensures and is responsible for the value of the advance payment guarantee corresponding to the remaining balance of the advance payment. The validity period of the advance payment guarantee under the contract must be extended until the project investor has fully recovered the advance payment.

- For compensation and support work when the state recovers land:

+ For compensation and support work: after disbursing funds to the beneficiary, the project investor collects receipts, processes payment procedures, and recovers the advance payment within the latest thirty working days from the date of disbursement to the beneficiary;

+ For other works: the advance payment capital is recovered in each payment period based on completed volume and is fully recovered upon completion of the compensation and support work.

d) The project investor is responsible for jointly with the contractor to calculate a reasonable advance payment level, manage strictly, use the advance payment for its intended purpose, for the right target, effectively, and is responsible for recovering the advance payment from the first payment based on the agreed ratio between the project investor and the contractor in the contract and recover the advance payment when the completed volume reaches eighty percent of the contract value;

In case the advance payment capital exceeds six months according to the contract term or the land clearance progress plan approved by the competent authority must implement the volume that the contractor or the unit assigned the land clearance work has not yet implemented due to objective or subjective reasons, or after the advance payment, the contractor or the unit assigned the land clearance task uses it for an improper purpose, then the project investor will coordinate with the State Treasury to determine the amount to be recovered and is responsible for recovering and repaying the advance payment to the state budget;

In particular, if the project investor has advanced capital for compensation and land clearance work but has not disbursed to the beneficiary due to force majeure, the project investor transfers the entire amount of the advance payment to the project investor's account at the State Treasury to facilitate payment control and recovery of the advance payment;

If the advance payment has not been fully recovered by the end of the plan year due to the contract not being paid up to the specified ratio, it will continue to be recovered in the following year's plan without deducting from the next year's investment payment plan;

e) The state allocates capital to the project investor for advance payment in the plan year at the latest by December 31 (except for advance payment to implement land clearance which can be carried out until January 31 of the following year). The project investor may make a single or multiple advance payments for a contract based on the need for advance payment capital but not exceeding the advance payment capital stipulated above; in case the planned capital allocation is insufficient for the advance payment capital according to the contract, the project investor may make further advance payments in the following year's plan;

4. Payment for completed volume.

a) For work performed through construction contracts as follows and any amendments, supplements, or replacements thereof (if any):

Contract payment must be consistent with the type of contract, contract price, and conditions in the contract. The number of payments, payment stages, payment time, payment deadline, payment documents, and payment conditions must be clearly defined in the contract. The project investor is responsible for complying with the application conditions for various types of contract prices as prescribed in Decree No. 48/2010/ND-CP dated May 7, 2010 of the Government on contracts in construction activities and Decree No. 207/2013/ND-CP dated December 11, 2013 of the Government amending and supplementing some articles of Decree No. 48/2010/ND-CP dated May 7, 2010 of the Government on contracts in construction activities:

- For lump sum contracts: Payment is made according to a percentage of the contract price or the price of the project, sub-project, or work volume corresponding to the payment stages recorded in the contract;

- For fixed unit price contracts: Payment is based on the actual completed volume (including approved increases or decreases in volume, if any) accepted and the unit price in the contract;

- For adjustable unit price contracts: Payment is based on the actual completed volume (including approved increases or decreases in volume, if any) accepted and the adjusted unit price due to inflation as agreed in the contract;

- For time-based contracts:

+ The cost for experts is determined based on the salary for experts and related costs agreed upon by the parties in the contract multiplied by the actual working time accepted (by month, week, day, hour);

+ Other expenses outside the expert remuneration are paid according to the method stipulated in the contract;

- For contracts combining different types of contract prices: Payment is made accordingly with the types of contracts prescribed above;

- For work volumes outside the contract:

Payment for additional work volumes (outside the contract) without unit prices in the contract is carried out according to supplementary agreements in the contract that both parties have agreed upon before implementation and must comply with relevant legal provisions. In case of additional work, the project investor and the contractor must sign a supplementary contract appendix according to the following principles:

+ In case the additional work volume exceeds twenty percent of the corresponding work volume recorded in the contract or the additional work does not have a unit price in the contract, it will be paid based on the new unit price agreed upon by the parties according to the principle of agreement in the contract regarding the unit price for additional work;

+ In case the additional work volume is less than or equal to twenty percent of the corresponding work volume recorded in the contract, the contract unit price is applied, including the adjusted unit price according to the contract agreement (if any) for payment;

+ For fixed unit price contracts and time-based contracts, when fuel prices, materials, and equipment subject to government price stabilization measures under the Law on Prices experience abnormal fluctuations, or when the state changes tax policies or wages directly affecting contract prices, payment shall be made based on adjusted unit prices if approved by the investment decision-making authority and agreed upon by all parties in the contract;

+ For adjustable unit price contracts, the unit price in the contract shall be adjusted for quantities of work that, at the time of signing the contract, both the tenderer and contractor commit to readjust due to inflation after a certain period from the date the contract becomes effective;

+ For lump-sum contracts: In cases where reasonable additional works outside the scope of the signed contract arise (for construction contracts, this refers to quantities outside the design-specified scope of work; for consulting contracts, it refers to quantities outside the scope of consulting tasks specified). In such cases, when adjusting the quantity without changing the investment objectives or exceeding the approved total investment ceiling, the investor and contractor shall calculate, agree, and sign supplementary contract appendices; if the adjustment exceeds the approved total investment ceiling, it must be reviewed and decided by the authorized investment decision-maker; if agreement cannot be reached, the additional works will form a new tender package, and the selection of contractors to implement this package shall follow current regulations;

- Payment documents: When there is completed volume accepted according to the payment stage and conditions stipulated in the contract, the investor shall prepare a payment request to send to the State Treasury, including:

+ A payment application for capital investment or advance payment of capital investment;

+ A table determining the value of the completed work volume proposed for payment according to Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSTable 02/XNVTT issued together with this CircularNo. 05.a/BXĐKLHT issued together with this Circular, for compensation and land clearance volumes according to Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSu bidevelopmentnumber 05.b/BXNKLĐB attached hereto;

+ When there are additional works outside the contract, the investor shall submit a table calculating the value of the additional work volume (if any) outside the scope of the signed contract for payment, confirmed by representatives of the tenderer, consultant (if any), and contractor according to Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSform number 06/BXNKLPS attached hereto;

+ Bank transfer vouchers (in accordance with the accounting voucher system of the Ministry of Finance);

b) For works carried out without a contract (such as self-executed works or some project management tasks directly executed by the investor), payment shall be based on a list of completed work volumes (signed and stamped by the investor) and approved estimates corresponding to the nature of each type of work. The payment documents include: a list of completed work volumes and approved estimates for each work; a payment application for capital investment or advance payment (if any) and bank transfer vouchers;

For compensation, resettlement, and support costs, the payment documents include: a list confirming the volume of compensation and land clearance implemented, advance payments, and payments shall be processed as for projects or construction packages. Specifically, for organizational costs related to compensation and land clearance, the State Treasury shall transfer the full payment amount requested by the investor to the organization responsible for compensation and land clearance based on the approved compensation and land clearance cost estimate. Management and use of these funds shall be the responsibility of the organization implementing compensation and land clearance, in accordance with Circular No. 57/2010/TT-BTC dated April 16, 2010, of the Ministry of Finance, which regulates the preparation, use, and settlement of funds for organizing compensation, support, and resettlement when the state acquires land, and any amendments, supplements, or replacements thereof (if any);

c) For cases where a re-inspection and acceptance of project implementation results is conducted as prescribed, the re-inspection and acceptance results shall serve as the final basis for payment of project implementation work volumes;

5. State Treasury Payment Control

a) Based on the investor's payment request documents, the State Treasury shall make payments to the investor according to the payment terms stipulated in the contract, assignment documents, or internal contracts (for cases where the investor implements the project independently), the number of payments, payment stages, payment dates, payment conditions, and the value of each payment;

The investor is responsible for the accuracy and legality of the completed volume, norms, unit prices, estimates for various types of work, and the quality of the works; the State Treasury is not responsible for these matters. The State Treasury shall process payments based on the payment documents and in accordance with the contract;

b) The State Treasury shall implement payment control according to the principle of "pay first, control later" for each payment and "control first, pay later" for the final payment of the contract. The State Treasury shall provide specific guidance on payment control within the State Treasury system to ensure convenience for investors and contractors while adhering to state regulations;

c) Within seven working days for the "control first, pay later" case and three working days for advance payments and the "pay first, control later" case, starting from the date of receipt of complete advance payment and payment documents as stipulated by the investor, based on the contract (or approved estimates for works carried out without a contract) and the payment amount requested by the investor, the State Treasury shall control and fund the payment for the project and recover advance payments according to regulations;

d) The payment amount for each work item, sub-project, or project shall not exceed the approved estimate or tender package price; the total payment amount for the project shall not exceed the approved total investment ceiling. The project payment amount for the year (including advance payments and completed work volume payments) shall not exceed the annual capital plan allocated to the project;

d) The annual capital plan of the project shall only be paid for the completed and accepted volume, with payment deadlines (including payments to recover previously advanced funds) as stipulated in Clause 7 of this Article;

e) For certain particularly important projects that require different advance payment and capital payment mechanisms from those specified above, after obtaining the opinion of the competent authority, the Ministry of Finance will issue separate guidance documents;

6. Management, payment, recovery, and settlement of pre-budgeted capital advances for projects for the following year shall be carried out as follows:

a) Pre-budgeting of the next year's state budget shall be implemented in accordance with the provisions of Clause 3, Article 57 of the State Budget Law No. 01/2002/QH11 dated December 16, 2002, and Article 61 of Government Decree No. 60/2003/NĐ-CP dated June 6, 2003 detailing and guiding the implementation of the State Budget Law, and Circular No. 59/TT-BTC dated June 23, 2003 issued by the Ministry of Finance guiding the implementation of Government Decree No. 60/2003/NĐ-CP dated June 6, 2003, and any subsequent amendments, supplements, or replacements (if any);

b) Based on the advance capital notice from the competent authority, the Ministry of Finance will notify relevant ministries, sectors, and localities regarding the list, total amount of advance, source of advance capital, fiscal year of advance, and recovery; simultaneously sending it to the Department of Finance and the State Treasury for management and payment to the project. Ministries, sectors, and localities must allocate according to the assigned list and amount of capital;

In cases where ministries, sectors, or localities allocate incorrectly according to the Ministry of Finance's notice, the State Treasury will suspend payments and report to the Ministry of Finance for review and handling, and report to the People's Committee of the province about the suspension of payments (for projects managed by localities);

Payment deadlines shall be the same as the payment deadlines for investment capital in the annual plan that was advanced. Other cases shall be decided by the Prime Minister. After the payment deadline, the State Treasury will proceed to cancel unused advanced capital amounts;

Recovery of capital: Ministries and localities are responsible for allocating capital plans for projects in the next year's budget to repay advanced capital. When reviewing annual investment capital allocation plans, for the central budget, the Ministry of Finance will simultaneously notify the recovery of advanced capital, with the maximum amount recovered equal to the advanced capital amount, except in cases approved by the Prime Minister not to recover; for local budgets and supplementary targeted funds from higher-level budgets to lower-level budgets, if local People's Committees at all levels fail to allocate or inadequately allocate the required recovery capital as prescribed, the local State Treasury will notify the Department of Finance and the Planning and Finance Office to report to the local People's Committees to allocate and recover the advanced capital as prescribed;

Settlement of advanced capital: The settlement deadline for advanced capital shall be the deadline for recovering the allocated capital. If the project recovers advanced capital over several years, the recovered capital of each plan year shall be settled within the corresponding fiscal year, and any paid capital that has not been allocated for recovery shall be transferred to the next year for settlement consistent with the recovery plan;

7. Time limit for implementation and payment of investment capital

a) The time limit for implementation and payment of the annual capital plan ends on June 30 of the following year; for cases beyond this deadline, the Prime Minister shall make the decision. After the payment deadline, the State Treasury will proceed to cancel unused advanced capital amounts;

b) Extension of implementation and payment time limits:

- By June 30 of the year following the planning year, any unutilized or partially utilized capital plans assigned to projects shall be canceled, except for cases permitted by the competent authority to extend to the following year (if applicable);

- Review and extension of capital transfer for projects: After the annual capital payment deadline (June 30 of the following year), based on the actual implementation and payment situation of the projects, upon the investor's proposal, for projects falling under the first bullet point of Point b, Clause 7 of this Article, the managing agency will compile a request letter accompanied by confirmation from the State Treasury branch where the project account is opened regarding the amount paid up to June 30 of the following year, and submit it to the Ministry of Finance (for central budget projects) and the Chairman of the Provincial People's Committee (for local budget projects) for consideration and resolution;

- Time limit for review and extension:

+ Requests for extension from managing agencies must be submitted no later than July 31 each year, clearly stating the project name, annual capital plan, amount paid up to June 30 of the following year, requested extended implementation and payment period, extension period, and reasons for extension;

+ Based on the request letters from managing agencies, the Minister of Finance (for central budget projects) and the Chairman of the Provincial People's Committee (for local budget projects) will decide on the list and duration of projects allowed to extend;

+ The decision on the list and duration of projects allowed to extend must be finalized before August 30 each year;

By August 30 of the following year, any cases without approval from the competent authority for extending the implementation plan to the next year's budget will have their remaining capital canceled;

- Extended payment deadline: no later than December 31 of the year following the planning year. Other cases shall be decided by the Prime Minister;

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SETTLEMENT

Article 7. Settlement of Investment Capital

1. Annual settlement of investment capital.

The annual settlement of investment capital shall be carried out in accordance with the guidance of the Ministry of Finance (as stipulated in Circular No. 210/2010/TT-BTC dated December 20, 2010 of the Ministry of Finance on the settlement of basic construction investment capital from state budget funds according to the annual budget cycle) and any subsequent amendments, supplements, or replacements (if any).

2. Settlement of completed projects.

a) The settlement of completed projects shall be carried out in accordance with the guidance of the Ministry of Finance on the settlement of completed projects from state funds (as stipulated in Circular No. 19/2011/TT-BTC dated February 14, 2011 of the Ministry of Finance on the settlement of completed projects from state funds) and any subsequent amendments, supplements, or replacements (if any);

b) The work of receiving files and the procedures for auditing the settlement of completed projects shall be conducted in accordance with the audit procedures for the settlement of completed projects for projects using state budget funds issued together with Circular No. 04/2014/QĐ-BTC dated January 2, 2014 of the Minister of Finance and any subsequent amendments, supplements, or replacements (if any).

Section 4

MANAGEMENT AND PAYMENT OF OPERATIONAL FUNDS WITH INVESTMENT CHARACTERISTICS

Article 8. Use of Funds

Operational funds with investment characteristics included in the state budget estimates of administrative and public service agencies may only be used for cases of investment in renovation, expansion, and upgrading existing facilities (including the construction of new components of projects within existing facilities of administrative and public service agencies). No operational funds shall be allocated for new investment projects; only ongoing projects and additional components shall be invested.

Article 9. Planning, Allocation, and Review of Fund Allocation, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP FOR ORGANIZATIONS AND INDIVIDUALS INSIDE AND OUTSIDE THE COUNTRY

The planning, allocation, and review of fund allocation shall be carried out in accordance with the provisions of the State Budget Law and the guidance of the Ministry of Finance for operational funds.

Article 10. Advance Payment and Payment of Operational Funds with Investment Characteristics

1. Advance payment and payment documents:

- For projects with total investment costs of VND 1 billion or more, the advance payment and payment documents shall be implemented as prescribed for development investment projects under Article 6 of this Circular (except for the project investment decision or economic-technical report which is not required to be approved before October 31 of the year prior to the plan year).

- For projects with total investment costs below VND 1 billion, the advance payment and payment documents shall be implemented as prescribed for operational funds.

2. Advance payment and payment of funds:

- The advance payment and payment of funds for projects with total investment costs of VND 1 billion or more shall be implemented as prescribed for investment projects funded by development investment sources.

- The advance payment and payment of funds for projects with total investment costs below VND 1 billion shall be implemented in accordance with the regulations of the Ministry of Finance on management, disbursement, and payment of operational funds.

Article 11. Reporting, Settlement, and Inspection System

The reporting, annual budget settlement, and inspection system shall be implemented as prescribed for operational funds and the guidance of the Ministry of Finance. Specifically, the settlement of completed projects shall be implemented as prescribed for investment funds according to the Circular guiding the Ministry of Finance.

Section 5

MANAGEMENT AND PAYMENT OF ASSISTANCE AND CONTRIBUTION FUNDS FROM DOMESTIC AND FOREIGN ORGANIZATIONS AND INDIVIDUALS

OF ORGANIZATIONS AND INDIVIDUALS INSIDE AND OUTSIDE THE COUNTRY

Article 12. Management of support funds and contributions from organizations and individuals both within and outside the country (referred to collectively as the Sponsor)

The management of support funds and contributions from the Sponsor shall be carried out in accordance with the provisions of the State Budget Law and the regulations stipulated in this Circular.

1. In cases where contributions have specific addresses:

a) In cases where the Sponsor contributes funds for the construction of a project: The Sponsor directly transfers the funds into the account of the People's Committee of the district opened at the State Treasury of the district. The People's Committee of the district informs the project investor to implement the contribution. The management, payment, and settlement of the contributed capital shall be conducted according to the regulations applicable to state budget capital invested in economic and social infrastructure projects in poor districts (except in cases where the Sponsor has other requirements).

b) In cases where the Sponsor contributes materials (such as materials, equipment, labor days) for the construction of a project: The project investor, the Sponsor, the contractor (if any), and relevant functional agencies of the district (Finance and Planning Department, construction management agency) organize the acceptance and determination of the value of materials, equipment, and labor days according to the national standards and unit prices to hand over to the project investor for use. The project investor reports to the Finance and Planning Department (for projects managed by the district level) or the People's Committee of the commune (for projects managed by the commune level) to record income and expenditure according to the prescribed regulations.

c) In cases where the Sponsor organizes the construction and contributes a completed project: The investment capital management for the construction of the project is decided by the Sponsor. After the completion of the project, the Sponsor, the entity assigned to manage and use the project, the contractor (if any), and relevant functional agencies of the district (Finance and Planning Department, construction management agency) organize the acceptance and determination of the value of the project according to the national standards and unit prices to hand over to the project investor for use.

2. In cases where contributions are made generally for the Poverty Reduction Program of the district without specific addresses:

a) For monetary contributions: The Sponsor directly transfers the funds into the account of the People's Committee of the district opened at the State Treasury of the district. The People's Committee of the district uniformly distributes and uses the funds within the local area according to the annual plan and approved projects. The management, payment, and settlement of the contributed capital shall be conducted according to the regulations applicable to state budget capital invested in economic and social infrastructure projects in poor districts (except in cases where the Sponsor has other requirements).

b) For material contributions: The People's Committee of the district receives and manages the material contributions from the Sponsor; organizes the acceptance and determination of the value according to the national standards and unit prices; uniformly distributes and uses the contributions within the local area according to the annual plan and approved projects.

3. After receiving contributions from the Sponsor, the People's Committee of the district compiles them into the results of the Program implementation and reports to the People's Committee of the province.

Chapter 6

REPORTING AND INSPECTION REGIME

Article 13. Reporting and Inspection Regime

1. Reporting:

a) For project investors, Ministries, and Provincial People's Committees: Implement the reporting regime as stipulated in Decision No. 52/2007/QD-TTg dated April 16, 2007, of the Government on the Reporting System for the Implementation of National Investment Capital Plans, Circular No. 05/2007/TT-BKH dated August 9, 2007, of the Ministry of Planning and Investment on the issuance of reporting forms and guidelines for implementing Decision No. 52/2007/QD-TTg dated April 16, 2007, and any amendments, supplements, or replacements (if any).

b) For Departments of Finance and State Treasuries:

- Implement the reporting system on investment capital of projects as prescribed by the Minister of Finance;

- At the end of the fiscal year, the State Treasury summarizes the data on investment payments and reports to the corresponding financial authority according to the regulations on finalizing the state budget and confirms the amount paid during the year, cumulatively from the start of construction to the end of the fiscal year for each project initiated by the investor at two points: by January 31 of the following year and by June 30 of the following year.

2. Inspection:

a) Ministries, Provincial People's Committees, financial authorities, and State Treasuries periodically or unexpectedly inspect project investors and contractors participating in projects regarding the use of advance payment capital, payment of completed work volume, and compliance with state financial policies and investment development systems;

b) Ministries, Provincial People's Committees, District People's Committees, and Commune People's Committees conduct inspections within their management functions;

c) Financial authorities at all levels periodically or unexpectedly inspect State Treasuries on the implementation of the investment capital payment system.

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RESPONSIBILITIES AND LIMITATIONS OF RELEVANT AUTHORITIES

Article 14. Responsibilities and Authorities of Relevant Agencies

1. For Project Owners

a) Perform functions and tasks assigned according to regulations, receive, manage, and use capital for its intended purpose, target group, economically and effectively. Adhere to legal provisions on financial management systems for investment;

Be responsible for the accuracy and legality of the volume of work performed, compliance with quotas, unit prices, and budgets approved by competent authorities; quality of construction works and proposed payment values; ensure the accuracy, honesty, and legality of data and documents in files provided to the State Treasury and relevant state agencies;

b) When there is a quantity of work that meets the conditions for payment as stipulated in the contract, promptly conduct acceptance inspections, prepare complete payment files, and request payment from contractors within the time frame specified in the contract;

c) Based on current guiding documents of the Insurance Business Law and Construction Law, the Project Owner shall purchase insurance for investment projects;

d) Timely and fully report to the investment decision-making agency and other relevant state agencies as prescribed; provide sufficient files, materials, and information as required to the State Treasury and Finance Department to serve management and capital disbursement; be subject to inspection by the Finance Department, State Treasury, and investment decision-making agency regarding the use of investment capital and compliance with state financial policies and systems for development investment;

đ) Regularly inspect the implementation of advance payments by contractors, must inspect before, during, and after providing advance payments to contractors and ensure recovery of advance payments according to regulations;

e) Conduct accounting records according to the accounting system of the project owner unit and settle investment capital according to current regulations; record public service funds according to the accounting system of administrative and public service units and settle investment-like public service funds according to regulations. At the end of the plan year, prepare a reconciliation table of investment capital payments sent to the State Treasury where the project owner conducts transactions to confirm at two points: up to January 31 of the following year and up to June 30 of the following year as per Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSTable 02/XNVTT issued together with this CircularNo. Decision 07/ĐCSLTT issued together with this Circular;

g) Have the right to request capital payment when all conditions are met and request the State Treasury to respond and explain any unsatisfactory contents in the capital payment process;

2. The State Treasury

a) Control and pay capital promptly for projects when all conditions are met and within the prescribed timeframe;

b) Implement the capital payment procedures and public service capital with investment characteristics as guided by the State Treasury. Organize control and payment operations according to business procedures and state regulations;

c) Provide written comments to the project owner regarding reduced or refused payments, and respond to issues raised by the project owner concerning capital payments;

d) The State Treasury only controls payments based on documents provided by the project owner and according to established payment principles, and does not bear responsibility for the accuracy of volumes, quotas, unit prices, and construction quality;

đ) Have the right to request the project owner to provide relevant files, documents, and information to serve the control and payment process;

e) Regularly urge project owners and Project Management Boards to comply with regulations on advance payments and recovery of advance payments, cooperate with project owners to inspect advanced payments to recover unused or improperly used advance payments;

f) Regarding administrative penalties, the State Treasury implements according to Circular No. 54/2014/TT-BTC dated April 24, 2014, of the Ministry of Finance detailing and guiding the implementation of administrative penalties in the State Treasury sector as stipulated in Decree No. 192/2013/NĐ-CP dated November 21, 2013, of the Government and subsequent amendments, supplements, or replacements (if any);

g) Implement reporting and settlement systems for investment capital usage according to prescribed regulations;

h) At the end of the plan year, confirm the amount paid in the year, cumulatively the amount paid from the start of construction to the end of the state budget fiscal year for each project at two points: up to January 31 of the following year and up to June 30 of the following year with contents as per Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSTable 07/ĐCSLTT issued together with this Circular or confirm the amount of capital already paid according to management requirements;

i) Not participate in acceptance committees for construction projects and programs;

k) Bear responsibility before the Minister of Finance and state laws for receiving and paying investment capital and public service capital with investment characteristics from state budget sources;

3. For Ministries, Provincial People's Committees, Districts, Communes

a) Guide, inspect, and urge project owners under their jurisdiction to implement investment plans, receive and use investment capital for its intended purpose and according to state regulations;

b) Within the scope of authority granted, bear responsibility under state law for their decisions;

4. Department of Planning and Investment

Take the lead in coordinating with the Department of Finance and related agencies based on their functions, tasks, and current regulations, to propose the allocation of investment capital managed by the locality for approval by the provincial People's Committee according to regulations;

5. Department of Finance

a) Coordinate with the Department of Planning and Investment and related agencies to review the allocation of investment capital, adjust the investment capital plan before submitting it to the provincial People's Committee for decision on allocating the plan and advise the provincial People's Committee in directing and managing project owners to implement the allocated plan;

b) Coordinate with functional agencies to guide and inspect project owners, State Treasury, and contractors implementing projects on compliance with financial policies and systems for development investment, management and use of investment capital, and capital payment situations to address violations and submit to competent authorities decisions to recover funds and items spent in violation of state regulations;

c) Lead coordination with related agencies to audit settlement of projects managed by the locality to submit for approval by the provincial People's Committee;

d) Implement reporting systems according to regulations.

đ) Has the right to request the State Treasury, the project owner to provide necessary documents and information for the state management work on financial investment development, including documents related to payment management work and final account settlement of investment capital.

6. Department of Finance - Planning.

a) Advises and assists the People's Committee of the district in allocating and adjusting the annual investment capital plan managed by the district in accordance with regulations; conducts project appraisal, reviews final accounts of projects managed by the district to submit to the People's Committee of the district for approval; compiles and reports annually on the implementation of the investment capital plan according to regulations;

b) Has the right to request the State Treasury of the district and the project owner to provide necessary documents and information as stipulated in point đ, Clause 5 of this Article;

c) Has the right to inspect project owners, the State Treasury of the district, and contractors implementing projects regarding their compliance with financial investment development systems and policies, the situation of investment capital management and use, and the situation of investment capital payment to take measures to handle violations, and to report to competent authorities for decisions to recover funds or expenditures that violate state regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 15. Effective Date

1. This Circular takes effect from March 29, 2015. This Circular replaces Circular No. 46/2010/TT-BTC dated April 8, 2010 of the Ministry of Finance on management, payment, and final account settlement of investment capital for infrastructure construction projects of poor districts under Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program for Rapid and Sustainable Poverty Reduction in Poor Districts which ceases to be effective.

2. During the implementation process, in case of difficulties or obstacles, units are requested to promptly reflect them to the Ministry of Finance for research and appropriate amendments and supplements./.