CIRCULAR

Regulations on management, payment, and settlement of investment capital for economic and social infrastructure construction projects in poor districts implementing Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government regarding the Program to Rapidly and Sustainably Reduce Poverty in 61 Poor Districts.

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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 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 articles of the Investment Management and Construction Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government;

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on Project Management for Investment Construction Works, and Decree No. 83/2009/NĐ-CP dated October 15, 2009 of the Government amending and supplementing certain articles of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on Project Management for Investment Construction Works;

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;

Pursuant to Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to Rapidly and Sustainably Reduce Poverty in 61 Poor Districts (hereinafter referred to as Resolution No. 30a/2008/NQ-CP);

The Ministry of Finance shall stipulate regulations on management, payment, and settlement of investment capital for economic and social infrastructure construction projects in poor districts implementing Resolution No. 30a/2008/NQ-CP as follows:

PART I. GENERAL PROVISIONS

Article 1. Scope of Application.

1. Economic and social infrastructure construction projects in poor districts implementing Resolution No. 30a/2008/NQ-CP (provinces with poor districts, poor districts determined in Appendix I attached to Circular No. 705/TTg-KGVX dated May 11, 2009 of the Prime Minister on continuing to implement Resolution No. 30a/2008/NQ-CP and other provinces with poor districts, other poor districts falling within the scope of implementation of Resolution No. 30a/2008/NQ-CP).

2. Economic and social infrastructure works in poor districts implementing Resolution No. 30a/2008/NQ-CP (hereinafter referred to as economic and social infrastructure works in poor districts) are defined in Point 2, Clause D, Section II, Part II, Resolution No. 30a/2008/NQ-CP.

Article 2. Scope of Regulation.

Sources of investment capital for economic and social infrastructure construction projects in poor districts include:

1. State budget capital (including local state budget capital and central state budget support capital);

2. Government bonds;

3. Official Development Assistance (ODA) capital and non-refundable aid capital funded from international organizations and non-governmental organizations;

4. Capital from programs and projects;

5. Support and contributions from organizations and individuals both inside and outside the country.

Article 3. Principles of Management, Payment, and Settlement of Investment Capital for Economic and Social Infrastructure Construction Projects in Poor Districts.

1. Ensuring proper use, economy, and effectiveness.

2. Uniform application of the same mechanism for management, payment, and settlement of investment capital stipulated in this Circular for state budget capital (including local state budget capital and central state budget support capital); government bond capital; ODA capital and non-refundable aid capital funded from international organizations and non-governmental organizations under state budget revenue; state budget capital under programs and projects; including cases where a project uses multiple sources of capital due to the integration of various sources of capital.

CHAPTER II. SPECIFIC PROVISIONS

Article 4. Establishing investment capital plans, allocating and reviewing the allocation of annual investment capital plans.

1. The establishment and allocation of annual investment capital plans (including the integration of investment funds in poor districts) shall be carried out in accordance with Circular Joint No. 10/2009/TTLT-BKH-BTC dated October 30, 2009 issued by the Ministry of Planning and Investment and the Ministry of Finance on integrating sources of funds to implement the Program for Rapid and Sustainable Poverty Reduction in Poor Districts pursuant to Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government and any subsequent amendments, supplements, or replacements.

When allocating the budget estimate for projects and works, it must be detailed according to economic sectors (Type, Item) in Appendix No. 02 promulgated by Decision No. 33/2008/QD-BTC dated June 2, 2008 of the Minister of Finance on the National Budget Classification System and any subsequent amendments, supplements, or replacements to serve as a basis for management, accounting, and settlement of the national budget in accordance with prescribed regulations.

2. After allocating the investment capital plan:

- Provincial People's Committees shall send the investment capital plan to the Ministry of Finance, simultaneously sending it to the Department of Finance and the State Treasury of the province/city for monitoring and serving as a basis for controlling and settling the capital.

- District People's Committees shall send the investment capital plan to the Department of Finance, simultaneously sending it to the District Finance-Planning Office and the State Treasury of the district for monitoring and serving as a basis for controlling and settling the capital.

3. Reviewing the allocation of investment capital plans: During the process of participating with relevant agencies in the annual investment capital plan, the Department of Finance and the District Finance-Planning Office shall concurrently perform the task of reviewing the allocation plan of investment capital to submit to the provincial or district People's Committee for decision. Based on the decision on the investment capital plan of the provincial or district People's Committee, the State Treasury shall carry out control and settlement in accordance with regulations.

Article 5. Time limit for implementation and settlement of investment capital.

1. State budget capital (including local budget capital and support from the central budget); government bond capital; state budget capital under programs and projects allocated for investment projects within the annual plan that have not been fully implemented may extend the time for implementation and settlement until the end of June of the following year.

2. Time limit for settlement of advance budget capital for the next year: The advance capital of the plan of which year shall be settled uniformly with the time limit for settlement of investment capital of that plan.

Article 6. Settlement of investment capital for state budget capital (including local budget capital and support from the central budget); government bond capital; state budget capital under programs and projects.

1. Opening an account:

The project owner shall open an account at the State Treasury of the district or at the State Treasury where convenient to facilitate transactions and settlement of investment capital for all sources of state budget capital (including local budget capital, support from the central budget, state budget capital under programs and projects) and government bond capital allocated to the project.

2. Project documentation:

To serve the work of controlling and settling investment capital, the project owner shall submit to the State Treasury where the settlement account is opened the project documentation (these documents are original or certified copies signed and stamped by the project owner; only submitted once until the completion of the project, including cases where the project uses multiple sources of capital due to integration, except when additional or adjusted submissions are required), including:

2.1. For preparatory investment capital:

- Approved budget estimate for investment preparation work;

- Tender selection document in accordance with regulations;

- The contract between the Project Owner and the contractor.

2.2. For actual investment capital:

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

- Tender selection document in accordance with regulations or authorization document for village teams, associations, groups to implement the works from the competent authority (for small-scale works at the village level);

- Contract between the project owner and the contractor (including all documents attached to the contract in accordance with the regulations of the Ministry of Construction) or contract between the project owner and village teams, associations, groups (for small-scale works at the village level assigned to village teams, associations, groups to implement);

- Budget estimate and approval decision for each work, sub-project, project for cases of direct assignment or self-execution and works executed without a contract.

3. Advance payment and recovery of advance payment:

3.1. Object and amount of advance payment:

- For works or packages implemented by enterprises: The project owner and the contractor shall agree on the specific amount of advance payment based on the progress of implementation and management requirements but not exceeding the annual investment capital plan of the work.

- For works or packages implemented by village teams, associations, groups: The amount of advance payment is 70% of the contract value but not exceeding the annual investment capital plan of the work.

- For land clearance work: The amount of advance payment is according to the progress in the land clearance plan.

3.2. Recovery of advance payment:

a) Advance payment shall be recovered through payments for completed contract quantities, starting from the first payment and being fully recovered when the payment for completed contract quantities reaches 80% of the contract value. The amount of each recovery shall be agreed upon by the project owner and the contractor (or village teams, associations, groups) to determine.

For compensation and support work for land clearance: After payment to beneficiaries, the project owner shall collect evidence, complete the payment procedures, and recover the advance payment within the latest period of 30 working days from the date of payment to the beneficiary.

b) The project owner shall be responsible for calculating a reasonable advance payment amount, managing it strictly, using it for its intended purpose, for the correct object, effectively, and ensuring full repayment of the advance payment when the payment for completed contract quantities reaches 80% of the contract value.

In the case where the advance capital has not been recovered but is unused or used for other purposes, the project investor shall be responsible for recovering and repaying the full amount to the state budget. Strictly prohibited is the practice of advancing capital that is not used or used for purposes other than those agreed upon.

c) If at the end of the plan year, the advance capital has not been fully recovered, it shall continue to be recovered in the following year's plan without being deducted from the next year's payment plan. The transfer of advance capital to the following year shall be carried out in accordance with Circular No. 108/2008/TT-BTC dated November 18, 2008, issued by the Ministry of Finance, guiding the settlement of the annual state budget and the preparation and reporting of the annual state budget settlement, and any subsequent amendments, supplements, or replacements thereof (if any).

3.3. Advance Capital Application Documents:

When applying for advance capital, the project investor shall submit the following documents to the State Treasury:

- A payment request for investment capital according to the model provided by the State Treasury agency;

- Transfer documents.

3.4. The advance capital application may be made once or multiple times based on the need for advance capital payments, but shall not exceed the agreed-upon advance capital limit.

4. Payment for completed volume.

4.1. For works carried out through construction contracts, payment of the contract shall be consistent with the type of contract, contract price, and conditions stipulated in the contract. The number of payments, payment stages, and payment conditions must be clearly stated in the contract.

a) For lump-sum contract prices:

Payment shall be made according to a percentage (%) of the contract price or the completed project or sub-project price corresponding to the payment stages specified in the contract. After completing the contract and receiving acceptance, the tenderer shall pay the contractor the entire signed contract price and any adjusted price amounts (if applicable).

b) For fixed unit price contracts:

Payment shall be based on the quantity of completed work (including approved additional quantities within the authority's jurisdiction, if any) accepted during the payment stage and the corresponding unit prices recorded in the contract or supplementary contract appendices. After completing the contract and receiving acceptance, the tenderer shall pay the contractor the entire signed contract price and any adjusted price amounts (if applicable).

c) For adjustable price contracts:

Payment shall be based on the quantity of completed work (including approved additional quantities within the authority's jurisdiction, if any) accepted during the payment stage and the adjusted unit prices as prescribed in the contract. If the adjustment conditions have not been met by the payment stage, the provisional unit price at the time of signing the contract shall be used for payment, and the payment value shall be adjusted when the actual adjusted unit price becomes available in accordance with the contract provisions. After completing the contract and receiving acceptance, the tenderer shall pay the contractor the entire signed contract price and any adjusted price amounts (if applicable).

d) For combined price contracts:

Payment shall be made in accordance with the respective payment regulations set forth in clauses a, b, and c above.

e) For additional work quantities outside the contract:

- For additional work quantities up to 20% or less compared to the corresponding work quantities in the contract and having unit prices in the contract, the additional work quantities shall be paid according to the unit prices recorded in the contract.

- For additional work quantities exceeding 20% compared to the corresponding work quantities in the contract or work quantities without unit prices in the contract, the additional work quantities shall be paid according to the unit prices approved by the project investor in accordance with the regulations.

- For additional work quantities beyond the scope of work defined in the contract using the lump-sum contract price method, the additional value shall be prepared as a budget estimate, and both the tenderer and the contractor shall agree to sign a supplementary contract for this additional value.

f) Payment Documents:

Upon completion of work quantities accepted during the payment stage and in accordance with the payment conditions in the contract, the project investor shall prepare a payment request document to be submitted to the State Treasury, including:

- A table determining the value of completed work quantities according to the contract as stipulated in Appendix No. 2 attached to Circular No. 06/2007/TT-BXD dated July 25, 2007, issued by the Ministry of Construction regarding guidance on contracts in construction activities, or any subsequent amendments, supplements, or replacements thereof (attached to this Circular);

- A payment request for investment capital according to the model provided by the State Treasury agency;

- Transfer documents.

Upon completion of additional work quantities outside the contract, the project investor shall submit a table determining the value of additional work quantities outside the contract as stipulated in Appendix No. 4 attached to Circular No. 06/2007/TT-BXD dated July 25, 2007, issued by the Ministry of Construction regarding guidance on contracts in construction activities, or any subsequent amendments, supplements, or replacements thereof (attached to this Circular).

4.2. For works carried out without construction contracts, such as self-executed works or project management tasks directly executed by the project investor, payment shall be appropriate to each type of work based on reports of completed work quantities and approved budgets for each work.

4.3. Principles of Payment Control by the State Treasury:

Based on the payment request documents submitted by the project investor, the State Treasury shall make payments to the project investor according to the payment terms stipulated in the contract (number of payments, payment stages, payment timing, and payment conditions) and the value of each payment. The project investor shall bear full responsibility for the accuracy and legality of the actual work quantities, rates, unit prices, various types of budgets, and the quality of the works. The State Treasury shall not be responsible for these matters. The State Treasury shall process payments based on the payment documents and in accordance with the contract.

5. Time Limit, Form of Advance Capital Application and Payment:

a) Within three working days from the date of receipt of complete and valid advance capital application and payment documents from the contractor or team, group, association, or community, the project investor must complete the advance capital application and payment procedures and transfer the documents to the State Treasury where the account is opened.

b) Within seven working days from the date of receiving all the advance payment application documents, the State Treasury shall pay according to the regulations of the project investor, based on the contract (or approved budget estimate for works carried out without a contract) and the amount of advance payment requested by the project investor, while at the request of the project investor, it shall directly pay on behalf of the investor to the contractors (or village groups, teams, associations, or groups) and recover the advance payment according to the regulations.

In cases where village groups, teams, associations, or groups do not have bank accounts: The project investor shall request the State Treasury to make advance payments and cash payments to the Representative (who is elected by the villagers participating in construction work and confirmed by the People's Committee of the commune). The Representative shall directly pay to the villagers participating in the tender package and bear legal responsibility for ensuring timely, full, and accurate, lawful payment to the villagers participating in the tender package. The project investor, People's Committee of the commune, and Community Investment Supervision Board shall strictly supervise the payment of labor costs to the villagers participating in construction work. When settling projects and tender packages implemented by village groups, teams, associations, or groups, the settlement agency shall not settle the value-added tax portion in the project budget.

c) The State Treasury shall implement payment control according to the principle of paying first and then controlling each payment, and controlling first and paying later for the final payment of the tender package or contract. Based on this principle, the State Treasury shall provide specific guidance on the method of payment control to ensure convenience for the project investor, contractors (or village groups, teams, associations, or groups) and comply with state regulations.

6. The project investor shall allocate funds in the annual plan to purchase construction project insurance as prescribed.

7. The amount paid for each work item, sub-project, or project shall not exceed the approved budget estimate or the tender package price; the total amount paid for the project shall not exceed the approved total investment ceiling.

The amount paid for the project within the year (including both advance payments and payments for completed volumes) shall not exceed the annual funding plan allocated for the project.

Article 7. Settlement of investment capital for state budget capital (including local government budget capital and central government support capital); government bond capital; state budget capital under programs and projects.

1. Annual investment capital settlement:

1.1. To be carried out in accordance with the provisions of the State Budget Law and the detailed guidance of the Ministry of Finance in Circular No. 53/2005/TT-BTC dated June 23, 2005, on the preparation and review of annual budget settlement reports for basic construction investment projects funded by the state budget; Circular No. 108/2008/TT-BTC dated November 18, 2008, on end-of-year budget processing and annual state budget settlement report preparation, and any subsequent amendments, supplements, or replacements (if applicable). Specifically, the project investor's settlement report form (Form 01/CĐT/BCQT) and the superior authority's settlement report form (Form 02/CQ/BCQT) as stipulated in this Circular (attached).

1.2. Handling settlement for extended payment periods and investment capital settlement:

1.2.1. The amount reported in the annual settlement report is the amount paid from January 1 of the planning year until the end of the settlement adjustment period; the amount paid after the previous year's settlement adjustment period shall be settled in the following year's budget.

1.2.2. The transfer of remaining budget estimates to the next year's budget shall be carried out in accordance with Circular No. 108/2008/TT-BTC dated November 18, 2008, issued by the Ministry of Finance, guiding end-of-year budget processing and annual state budget settlement report preparation, and any subsequent amendments, supplements, or replacements (if applicable).

2. Project completion investment capital settlement:

2.1. All completed projects handed over for use must prepare a settlement report, undergo verification, and obtain approval for the project completion settlement in accordance with national regulations on project completion settlement and specific provisions in this Circular.

2.2. The project investor shall submit the settlement report and project completion settlement dossier to the competent authority for settlement approval no later than four months after the project is completed and handed over for use. The time for verification and approval of the settlement shall not exceed four months from the date of receipt of the complete settlement dossier.

2.3. The project completion settlement dossier includes:

2.3.1. Request for settlement approval and settlement report forms (including Form 01/QTDA, Form 02/QTDA, Form 03/QTDA, Form 04/THQT) as stipulated in this Circular (attached).

2.3.2. A collection of related legal documents;

2.3.3. Contracts related to the project and completed works;

2.3.4. Acceptance and payment certificates, acceptance certificates for completed sub-projects, works, or projects, and handover certificates for use;

2.3.5. Contract A-B settlement statement;

2.3.6. Conclusions of supervisory, inspection agencies, and National Audit Office audit reports (if any).

2.4. Authority for verification and approval of project completion settlement:

2.4.1. The Department of Finance shall verify and submit to the Chairman of the Provincial People's Committee for approval of the settlement of projects decided to be invested by the Chairman of the Provincial People's Committee;

2.4.2. The District Financial Planning Office shall verify and submit to the Chairman of the District People's Committee for approval of the settlement of projects decided to be invested by the Chairman of the District People's Committee; verify and submit to the Chairman of the Commune People's Committee for approval of the settlement of projects decided to be invested by the Chairman of the Commune People's Committee.

2.5. Audit of final settlement of completed projects: In cases where it is necessary to audit the completed project before reviewing and approving the final settlement, the reviewing agency shall report to the authorized person for approval of final settlement to issue a document requesting the project investor to engage an independent auditing organization to audit the final settlement report of the completed project investment. The cost of auditing the final settlement report of the completed project investment is calculated at 0.64% of the total investment value of the project plus VAT but not less than one million VND.

2.6. Procedures for receiving files and the sequence of reviewing the final settlement of completed projects as stipulated in the Procedure for Reviewing Final Settlement of Completed Projects issued together with Decision No. 56/2008/QD-BTC dated July 17, 2008 of the Minister of Finance and subsequent amendments, supplements, or replacements (if any).

2.7. The standard for review costs of final settlement of completed projects is calculated at 0.38% of the total investment value of the project but not less than five hundred thousand VND.

2.8. The decision approving the final settlement of completed projects shall be sent to the following agencies and units:

- Project investor.

- The superior agency of the project investor.

- The funding and payment agency.

- Publicly posted at the People's Committee office of the commune and the People's Committee office of the district.

Article 8. Payment and final settlement of investment capital for Official Development Assistance (ODA) funds; non-reimbursable aid funded from international organizations, non-governmental organizations, and sources of state budget revenue.

1. Investment capital payment:

1.1. Opening an account:

The project investor may open an account at a bank serving the project or State Treasury according to the provisions of the Credit Agreement, Project Documentation, or Sponsorship Agreement.

1.2. Project documentation:

In addition to the documents specified in Clause 2, Article 6, the following additional documents must be provided:

- A notification document from the program or project sponsor (central agency or provincial agency) regarding the financing ratio of each component to be paid according to the Credit Agreement, Project Documentation, or Sponsorship Agreement;

- Advance payment guarantee (if applicable) in accordance with the specific provisions of the Contract.

1.3. Documents and procedures for advance payment and payment for basic construction projects or construction components within mixed projects shall be carried out in accordance with the provisions of Article 6 of this Circular; however, the payment and confirmation of the value of completed work volume is not dependent on the approved annual plan.

2. Final settlement of ODA projects using basic construction investment capital:

ODA projects using basic construction investment capital shall be settled in accordance with the provisions of Article 7 of this Circular.

Article 9. Management of support and contribution funds from domestic and foreign organizations and individuals (referred to collectively as Sponsors).

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:

1.1. In case the Sponsor contributes in cash to build a project: The Sponsor directly transfers the money into the account of the District People's Committee opened at the District State Treasury. The District People's Committee informs the project investor to implement the project. The management, payment, and final settlement of the contributed capital by the Sponsor shall be conducted in accordance with the regulations applicable to state budget investment in economic and social infrastructure projects in poor districts (except in cases where the Sponsor has other requirements).

1.2. In case the Sponsor contributes in kind (such as materials, equipment, labor days) to build a project: The project investor, the Sponsor, the contractor (if any), and relevant county agencies (Finance and Planning Office, construction management agency) organize 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 Office (for projects managed by the district level) or the Commune People's Committee (for projects managed by the commune level) to record income and expenditure according to the prescribed regulations.

1.3. In case the Sponsor organizes the construction and contributes a completed project: The management of the investment capital for constructing the project by the Sponsor 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 county agencies (Finance and Planning Office, construction management agency) organize 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:

2.1. For contributions in cash: The Sponsor directly transfers the money into the account of the District People's Committee opened at the District State Treasury. The District People's Committee organizes unified distribution and use within the locality according to the annual plan and approved project. The management, payment, and final settlement of the contributed capital by the Sponsor shall be conducted in accordance with the regulations applicable to state budget investment in economic and social infrastructure projects in poor districts (except in cases where the Sponsor has other requirements).

2.2. For contributions in kind: The District People's Committee receives and manages contributions in kind from the Sponsor; organizes acceptance and determination of the value according to the national standards; organizes unified distribution and use within the locality according to the annual plan and approved project.

3. After receiving the contributions from the Sponsor, the District People's Committee compiles the results into the Program Implementation Report and reports to the Provincial People's Committee.

Article 10. Management of maintenance and repair capital.

1. Essential infrastructure facilities already invested at the commune and sub-commune levels shall be maintained and repaired using investment capital for economic and social infrastructure projects in poor districts and other sources (such as capital, materials, community labor) mobilized for maintenance and repair.

2. Annually, the Commune People's Committee prepares a maintenance and repair plan for projects under its management and use, submitting it to the District People's Committee for approval.

3. The Commune People's Committee is the investor of the commune's maintenance and repair capital. Based on the maintenance and repair capital allocated by the District People's Committee, the Commune People's Committee organizes the preparation and approval of detailed budgets for maintenance and repair work. The price of materials and labor is determined by the investor based on the local market price in the commune area.

4. Depending on the nature of the work, the People's Committee of the commune may entrust the Village Head to organize the villagers in the village to maintain and repair themselves, or establish groups or teams to carry out such tasks. The investor shall enter into contracts and organize acceptance and payment with representatives of the groups or teams.

5. Based on the current regulations of the State on basic construction investment management and this Circular, the People's Committee of the province shall specify guidelines for implementing maintenance and repair work at the local level.

Article 11. Supervision costs of the Community Investment Supervisory Board

1. The Community Investment Supervisory Board is established and performs its functions and responsibilities as prescribed in Decision No. 80/2005/QD-TTg dated April 18, 2005 of the Prime Minister on the issuance of the Community Investment Supervision Regulation and Joint Circular No. 04/2006/TTLT-KH&ĐT-UBTƯMTTQVN-TC dated December 4, 2006 of the Ministry of Planning and Investment, the Standing Office of the Vietnam Fatherland Front Central Committee, and the Ministry of Finance guiding the implementation of the Community Investment Supervision Regulation.

2. Operating expenses of the Community Investment Supervisory Board are implemented according to the provisions in Part IV of Joint Circular No. 04/2006/TTLT-KH&ĐT-UBTƯMTTQVN-TC dated December 4, 2006 of the Ministry of Planning and Investment, the Standing Office of the Vietnam Fatherland Front Central Committee, and the Ministry of Finance.

3. For small-scale investment projects (with a value under VND 500 million) and where the investor cannot hire a consulting firm for construction supervision, the investor shall submit to the Investment Decision Maker to entrust the Community Investment Supervisory Board to organize construction supervision. In this case, the Community Investment Supervisory Board shall be entitled to the standard cost for construction supervision, not exceeding the maximum standard set by the Provincial People's Committee and announced.

Article 12. Reporting system.

1. For investors:

Timely and fully report to the investment decision-making agency, financial agencies, State Treasury, and other relevant state agencies as prescribed.

2. For the Department of Finance and State Treasury:

Implement the reporting system on project investment capital as stipulated in Decision No. 1869/QD-BTC dated June 6, 2005 of the Minister of Finance on the issuance of the Information and Reporting System on Basic Construction Investment Capital from the State Budget within the finance sector and any subsequent amendments, supplements, or replacements.

3. For the Provincial People's Committee:

Implement the reporting system on the implementation of project investment capital plans as stipulated in Decision No. 52/2007/QĐ-TTg dated April 16, 2007 of the Prime Minister on the Reporting System on the Implementation of State 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 guidance on implementing Decision No. 52/2007/QĐ-TTg dated April 16, 2007; Decision No. 803/2007/QĐ-BKH dated July 30, 2007 of the Minister of Planning and Investment on the issuance of the Reporting System on the Implementation of ODA Programs and Projects and any subsequent amendments, supplements, or replacements.

Article 13. Responsibilities and authorities of related agencies.

1. For project sponsors:

- Perform the assigned functions and responsibilities as prescribed. Properly and effectively use funds for their intended purposes and objects, in compliance with the financial management regulations for development investment.

- Conduct quantity acceptance, prepare settlement files, and request payment from contractors in accordance with the contract provisions.

- Bear full responsibility for the accuracy and legality of the executed quantities, standards, unit prices, budgets for various works, quality of the project, and proposed payment values; ensure the accuracy, honesty, and legality of all data and documents provided to the State Treasury and state functional agencies.

- Provide complete files, documents, and information as required to the State Treasury and financial agencies to facilitate management and payment of funds; accept inspection by financial agencies and investment decision-making bodies regarding fund usage and compliance with state financial management policies and regulations.

- Maintain accounting records for the investor entity; settle investment capital in accordance with current regulations.

- Be entitled to request payment when all conditions are met and request explanations from the State Treasury regarding unsatisfactory aspects of payment.

2. For the People's Committee of the commune:

- Guide, inspect, and supervise the establishment and operation of groups, teams, associations, and groups at the village level.

- Closely monitor the payment of labor fees for people's representatives participating in construction.

- Within the scope of authority granted, bear legal responsibility before the state for their decisions.

3. For the People's Committee of the district, People's Committee of the province:

- Guide, inspect, and urge investors under their jurisdiction to implement investment plans, properly and legally receive and use investment funds.

- Within the scope of authority granted, bear legal responsibility before the state for their decisions.

4. For financial agencies and State Treasury:

- Financial agencies at all levels shall manage financial capital for basic construction from the state budget in accordance with regulations.

- The State Treasury has the responsibility to promptly, fully, and correctly pay capital to projects when all conditions for payment are met; at the end of the fiscal year, confirm the amount paid during the year and accumulate the total payments from the start of construction to the end of the fiscal year for each project.

Article 14. EFFECTIVE DATE

This Circular takes effect 45 days from the date of issuance. The systems prescribed in this Circular shall apply from the 2010 fiscal year.

During implementation, if there are difficulties or obstacles, units are requested to promptly reflect them to the Ministry of Finance for study and appropriate amendment or supplementation./.