Circular No. 45/2004/TT-BTC supplements and amends certain points of Circular No. 44/2003/TT-BTC dated May 15, 2003, of the Ministry of Finance guiding the management and settlement of investment capital and operational capital with an investment nature and construction from state budget funds.

CIRCULAR

Supplementing and Amending Certain Points of Circular No. 44/2003/TT-BTC dated May 15, 2003 of the Ministry of Finance on the management and settlement of investment capital and operational capital with investment characteristics and construction from state budget funds

Pursuant to Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government on the issuance of the Investment Management and Construction Regulation, 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 Investment Management and Construction Regulation;

Pursuant to the opinion of the Prime Minister at Official Letter No. 131/VPCP dated January 8, 2004 of the Government Office on administrative procedures in the management, settlement, and final accounting of investment capital for planning;

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

The Ministry of Finance supplements and amends certain points of Circular No. 44/2003/TT-BTC dated May 15, 2003 of the Ministry of Finance guiding the management and settlement of investment capital and operational capital with investment characteristics and construction from state budget funds as follows:

1. Point 10 of Section IV Clause B Part II is supplemented as follows:

"- The following projects shall not implement the temporary retention of 5% of the annual investment capital payment plan for final accounting:

+ Planning projects;

+ Investment preparation projects;

+ Projects under the program of planting five million hectares of new forests (excluding infrastructure investment including forest protection stations, fire prevention, pest control, nurseries, etc., with a value exceeding 100 million VND);

+ Projects under the National Target Program: Program 135; Poverty Reduction and Employment Program; Cultural Program; Rural Water Supply and Environmental Sanitation Program; Population and Family Planning Program; Prevention and Control of Certain Social Diseases, Dangerous Epidemics, and HIV/AIDS Program;

+ Projects under operational geological, educational, road, and railway funds currently being implemented according to joint circulars between the Ministry of Finance and relevant ministries (excluding major repair funds);

+ Projects allocated capital plans solely for recovering previously advanced capital;

+ Projects under the school consolidation program as guided by Circular No. 58/2003/TT-BTC dated June 1, 2003 of the Ministry of Finance."

2. A new point 11 is added to Section IV Clause B Part II, thereby shifting point 11 and point 12 to point 12 and point 13 of Section IV Clause B Part II, specifically as follows:

"11- For completed planning projects that have been accepted but not yet approved by the competent authority (where the final payment is tied to project approval), if the project has not been approved by the end of the plan year, the remaining capital in the plan will be transferred to a temporary account at the State Treasury for continued payment.

12- The amount paid for each work item or sub-project must not exceed the budget estimate or the bid price; the total amount paid for the project must not exceed the total budget estimate and the approved total investment cost.

The total amount paid for the project in a year (including advance payments and payments for completed work) must not exceed the annual capital plan announced for the project.

13- For some particularly important projects requiring a different mechanism for advance payments and capital settlement than those specified above, after obtaining the opinion of the competent authority, the Ministry of Finance will issue separate guidance."

This Circular takes effect fifteen days after its publication in the Official Gazette./.

13. For certain particularly important projects that require a different advance payment and capital repayment mechanism from the provisions above, after obtaining the opinion of the competent authority, the Ministry of Finance shall issue separate guidance documents.

This Circular takes effect fifteen days after its publication in the Official Gazette./.