Circular No. 27/2025/TT-BTC on the settlement of state capital investment projects completed using state capital other than public investment capital

CIRCULAR

REGULATIONS ON THE SETTLEMENT OF INVESTMENT CAPITAL FOR COMPLETED PROJECTS USING NON-PUBLIC INVESTMENT STATE CAPITAL

On the basis of Law on State Budget June 25, 2015;

On the basis of Law Amending and Supplementing Certain Provisions of the Securities Law, Accounting Law, Independent Auditing Law, State Budget Law, Management and Use of Public Assets Law, Tax Administration Law, Personal Income Tax Law, National Reserve Law, Administrative Violation Handling Law November 29, 2024

On the basis of Construction Law June 18, 2014;

On the basis of Law Amending and Supplementing Certain Provisions of the Construction Law June 17, 2020;

On the basis of Law on Management and Use of State Capital for Production and Business Investment at Enterprises November 26, 2014;

On the basis of Enterprise Law June 17, 2020;

On the basis of Land Law January 18, 2024;

On the basis of Law Amending and Supplementing Certain Provisions of the Land Law, Housing Law, Real Estate Business Law, and Credit Institutions Law June 29, 2024;

Decree No. 163/2016/NĐ-CP December 21, 2016, of the Government detailing implementation of certain provisions of State Budget Law;

Decree No. 37/2015/NĐ-CP April 22, 2015, of the Government detailing construction contracts and Decree No. 50/2021/NĐ-CP April 1, 2021, of the Government amending and supplementing certain provisions of Decree No. 37/2015/NĐ-CP April 22, 2015, of the Government detailing construction contracts.

Decree No. 10/2021/NĐ-CP February 9, 2021, of the Government on management of investment construction costs and Decree No. 35/2023/NĐ-CP June 20, 2023, of the Government amending and supplementing certain provisions of decrees under the Ministry of Construction's jurisdiction;

Decree No. 175/2024/NĐ-CP December 30, 2024, of the Government detailing certain provisions and measures for implementation Construction Law concerning construction activity management;

Decree No. 73/2019/NĐ-CP September 5, 2019, of the Government on management of investment in information technology applications using state budget funds and Decree No. 82/2024/NĐ-CP July 10, 2024, of the Government amending and supplementing certain provisions of Decree No. 73/2019/NĐ-CP September 5, 2019, of the Government on management of investment in information technology applications using state budget funds;

Decree No. 88/2024/NĐ-CP July 15, 2024, of the Government on compensation, support, and resettlement when the State expropriates land;

Decree No. 98/2025/NĐ-CP May 6, 2025, of the Government on the preparation, management, use, and settlement of regular state budget expenditures for purchasing, repairing, renovating, and upgrading assets and equipment; renting goods and services; repairing, renovating, upgrading, expanding, and constructing new project components in completed projects and other necessary tasks;

Decree No. Decision No. March 24, 2025, of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the request of the Director of the Investment Department;

The Minister of Finance issues this Circular to regulate the settlement of investment capital for completed projects using non-public investment state capital.

Article 1. Scope of Regulation and Applicability

1. Scope of Regulation: This Circular regulates the settlement of investment capital for projects, tasks (projects or preparatory costs), planning tasks (hereinafter referred to collectively as projects) using non-public investment state capital after completion or permanent cessation according to the permit to cease or terminate execution issued by the competent authority approving the investment decision.

Projects using non-public investment state capital include: Projects using regular state budget expenditure capital, projects of state financial funds outside the budget according to the State Budget Law; projects using government-guaranteed loans according to the Public Debt Management Law; projects of state-owned enterprises according to the Enterprise Law, where state-owned enterprises hold 100% of the charter capital; projects using other state capital according to relevant laws; except projects using public investment capital according to the Public Investment Law.

2. Applicability: This Circular applies to agencies, organizations, and individuals related to the settlement of investment capital for projects using non-public investment state capital after completion or permanent cessation.

3. Agencies, organizations, and individuals may apply the provisions of this Circular to prepare settlement reports, audit, approve the settlement of investment capital for completed projects that fall outside the scope of regulation under Clause 1 of this Article (excluding public investment projects and public-private partnership investment projects) and bear responsibility for their decisions.

Article 2. Final settlement of project investment capital upon completion

1. Agencies, organizations, and individuals within the scope of regulation and objects specified in Article 1 of this Circular shall apply the provisions of Government Decree No. 99/2021/NĐ-CP dated November 11, 2021 on management, payment, and final settlement of projects using public investment capital, and Circular No. 96/2021/TT-BTC dated November 11, 2021 of the Minister of Finance on the system of forms to be used in final settlement work to implement contents and tasks related to final settlement of project investment capital after the project is completed or permanently discontinued.

2. Projects within the scope of regulation and objects specified in Article 1 of this Circular are not required to report the situation of final settlement of project investment capital for the year as prescribed in Article 48 of Government Decree No. 99/2021/NĐ-CP.

Article 3. Transitional Provisions

1. For projects that have submitted all final settlement capital investment project completion files to the competent authority for review before the effective date of this Circular, the contents and tasks related to final settlement of project investment capital shall continue to be implemented according to the regulations of the authorized person who approved the investment project.

2. For projects that have been reviewed or have had their final settlement of project investment capital approved according to the regulations of the authorized person who approved the investment project, they are not required to undergo review or approval again under this Circular.

Article 4. Implementation Provisions

1. This Circular takes effect from the date of signature.

2. In cases where legal normative documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replacing documents.

3. During implementation, in case of difficulties, units are requested to promptly reflect them to the Ministry of Finance for study and appropriate amendment and supplementation.