Circular No. 48/2021/TT-BTC guiding the reporting forms for disbursement of official development assistance (ODA) and concessional loans from foreign sponsors

CIRCULAR

Guidelines for the reporting forms on disbursement of official development assistance (ODA) and concessional loans from foreign financiers
(ODA) and concessional loans from foreign financiers

Pursuant to the Law on Public Debt Management dated June 23, 2017;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to Decree No. 56/2020/NĐ-CP dated May 25, 2020 of the Government on management and utilization of official development assistance (ODA) and concessional loans from foreign financiers;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the Department of Debt Management and External Finance;

The Minister of Finance issues this Circular guiding the reporting forms on disbursement of official development assistance (ODA) and concessional loans from foreign financiers and accompanying grants (hereinafter referred to as foreign capital) based on the annual allocation plan of foreign capital.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. Scope of application: This Circular stipulates the reporting forms on disbursement of ODA loans and concessional loans from foreign financiers and accompanying grants (hereinafter referred to as foreign capital) based on the annual allocation plan of foreign capital.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

Project owner/Project Management Board, supervising agency.

3. This Circular does not apply to:

a) Enterprises and public service organizations receiving loan refinancing shall comply with the regulations on disbursement reporting as prescribed in the Government's Decree on loan refinancing.

b) Independent aid projects shall comply with the regulations on disbursement reporting as prescribed in the Circular of the Ministry of Finance on non-refundable aid.

Article 2. Principles of implementing the reporting system

Clause 1. Agencies and units shall report the implementation of disbursement of foreign capital based on the annual allocation plan of foreign capital in accordance with the provisions of the Law on Public Investment, the Law on Public Debt Management, and related guiding documents.

Clause 2. Agencies and units must ensure that their reports on the implementation of disbursement of foreign capital are complete, accurate, truthful, and submitted within the time limit specified in this Circular. The content of the report needs to clearly explain any existing problems, difficulties, obstacles, factors affecting the implementation of assigned plans and disbursement of foreign capital; propose measures to resolve these issues related to the management and disbursement of foreign capital; ensure the provision of sufficient information for the management work of competent state agencies and relevant organizations and individuals.

Clause 3. The list of projects, including allocated funds for planning, investment preparation, each sector, field, program, project, of each ministry, agency at the level of ministries, government agencies, other central agencies (hereinafter referred to as ministries, central agencies) and localities must be consistent with the decisions approving the capital allocation plans of competent authorities (including medium-term capital plans, annual capital plans, supplementary capital plans, extended/reallocated capital plans, adjusted capital plans).

Clause 4. Information technology should be applied in the implementation of the reporting system to meet the requirements of the National Reporting Information System.

Chapter II

SPECIFIC PROVISIONS

Article 3. Reporting on the disbursement plan for implementing programs, projects, supplementary plans, and adjustments (if any) of foreign capital

Clause 1. Report title: "Report on the disbursement plan for implementing programs, projects, supplementary plans, and adjustments (if any) of foreign capital".

2. Content of the report:

The disbursement plan shall be reported according to each program/project funded by foreign capital based on the annual plan and the previous year's plan approved for extension/reallocation and supplementary/adjusted plans (if any).

Clause 3. Reporting agency

Project owners/Project Management Boards.

4. Receiving agencies:

Ministry of Finance, Ministry of Planning and Investment, Supervising Agency,

Clause 5. Deadline for submission of the report;

Project owners/Project Management Boards shall submit the disbursement plan report or the adjustment/supplementary plan report (if any) within ten working days from the date of receipt of the document assigning, adjusting, or supplementing (if any) the capital plan from the supervising agency.

Clause 6. Report form: Form No. 01/TTGN issued together with this Circular.

Clause 7. Method of submitting the report: The reporting agency shall submit the report online through the Ministry of Finance's Reporting Information System. In case this system has not yet been operational, the reporting agency shall submit the report in paper form (directly or via postal service) or electronic form (through the Document and Management System/Email System at the address [email protected]).

Article 4. Periodic Report on the Disbursement Status of Foreign Funds

1. Name of the report: "Monthly/Quarterly Report on the Disbursement Status of ODA and Preferential Foreign Loans".

2. Content of the report:

- The report shall detail the actual disbursement status of foreign capital plans monthly/quarterly according to the list of projects using foreign funds (detailed according to each loan agreement).

- For quarterly reports, units shall submit the results of quarterly disbursements along with accounting vouchers for state budget revenues and expenditures confirmed by the State Treasury.

- Evaluate achievements; difficulties and obstacles (if any); causes of obstacles leading to delays in the disbursement of foreign investment capital plans, propose solutions, and recommendations.

3. Reporting Entity:

Project Owner/Project Management Board.

4. Receiving agencies:

Ministry of Finance, Ministry of Planning and Investment, Main Managing Agency.

5. Deadline for Data Closure for Reporting:

Monthly: data for the report covers from the 1st day of the month to the last day of the reporting month.

Quarterly: data for the report covers from the 1st day of the first month of the quarter to the last day of the last month of the reporting quarter.

6. Deadline for submitting reports:

Project Owner/Project Management Board shall submit periodic reports:

Monthly: before the 5th day of the month following the reporting month.

For the last month of the reporting quarter, within 15 days after the end of the reporting quarter.

Quarterly: within 15 days after the end of the reporting quarter.

7. Reporting Form: Form No. 02/TTGN issued together with this Circular.

8. Method of Submitting Reports:

For monthly reports: the reporting entity shall submit online through the Ministry of Finance's Information Reporting System. In case this system has not yet been operational, the reporting entity shall submit by paper (directly or via postal service) or electronically (through the Document Management and Operation System/Email at [email protected]).

For quarterly reports: the reporting entity shall submit by paper (for agencies and units that have not yet implemented electronic document receipt and submission): Directly or via postal service; or submit online through the Ministry of Finance's Information Reporting System. In case this system has not yet been operational, the reporting entity shall submit by paper (directly or via postal service) or electronically (through the Document Management and Operation System/Email at [email protected]).

9. For annual disbursement reports, please follow the provisions set out in Circular No. 15/2021/TT-BTC dated February 18, 2021, of the Ministry of Finance regarding the regulations and forms for reporting on implementation and payment of public investment funds.

Article 5. Annual Report on Accounting, Revenue and Expenditure of Foreign Funds

1. Name of the report: "Annual Report on Accounting, Revenue and Expenditure of Foreign Funds".

2. Content of the report:

Report on the accounting, revenue and expenditure data of programs/projects funded by foreign sources for the reporting year, compared with the allocated capital plan and actual disbursement status.

3. Reporting Entity:

Main Managing Agency.

4. Receiving agencies:

Ministry of Finance, State Treasury.

5. Deadline for Submission of Report:

Within 65 days from the end of the reporting period.

6. Reporting Form: Form No. 03/TTGN issued together with this Circular.

7. Method of Submitting Reports: the reporting entity shall submit by paper (for agencies and units that have not yet implemented electronic document receipt and submission): Directly or via postal service; or submit online through the Ministry of Finance's Information Reporting System. In case this system has not yet been operational, the reporting entity shall submit by paper (directly or via postal service) or electronically (through the Document Management and Operation System/Email at [email protected]).

Article 6. Final disbursement report on foreign loan funds

1. Report name: "Final Disbursement Report on ODA Loans and Preferential Loans of Programs and Projects".

2. Content of the report:

- The final disbursement report on foreign loans of programs/projects; assess the actual disbursed amount against the committed loan amount.

- Evaluate achievements; difficulties and obstacles (if any); causes of these difficulties and obstacles in implementing the disbursement of foreign funds for programs/projects; recommendations (if any).

3. Reporting Entity:

Project Owner/Project Management Board.

4. Receiving agencies:

Ministry of Finance, Main Managing Agency.

5. Deadline for submitting the report:

Within 30 days from the date of closing the ODA loan, preferential foreign loan.

6. Report form: Form No. 04/TTGN issued together with this Circular.

7. Method of submitting the report: the agency responsible for reporting shall submit in paper form (for agencies and units that have not yet implemented electronic document receipt and transmission): Direct submission or submission through postal service; or submit directly via the State Treasury's Reporting Information System. In case this system has not been put into operation, the agency responsible for reporting shall submit in paper form (direct submission/submission through postal service) or electronically (via the Document Management and Operation System/Electronic Mail System at [email protected]).

through one of the following methods:

Agencies and units submit reports using the following methods:

1. Online reporting (excluding programs/projects classified as Secret, Top Secret, or Absolute Secret) through the State Treasury's Reporting Information System. In case this system has not been put into operation, the agency responsible for reporting shall submit in paper form (direct submission/submission through postal service) or electronically (via the Document Management and Operation System/Electronic Mail System at [email protected]).

2. Submitting in paper form (for agencies and units that have not yet implemented electronic document receipt and transmission): Direct submission or submission through postal service.

Article 8. Responsibilities of agencies during implementation

1. Responsibilities of the Project Owner, Project Management Board

a) Report on the actual progress of foreign fund disbursement according to the plan in accordance with the time and content stipulated in this Circular to the Ministry of Finance, the Ministry of Planning and Investment, and relevant agencies to organize the implementation of management and oversight of foreign fund disbursement in accordance with current regulations.

b) Propose measures to accelerate the progress of foreign fund disbursement and measures to address violations by the project owner in managing and utilizing investment capital according to regulations (if any) to the main managing agency.

c) Bear legal responsibility before the main managing agency within the scope of their rights and obligations regarding the accuracy of consolidated data on the situation of foreign fund disbursement plans and the actual progress of foreign fund disbursement plans.

2. Responsibilities of Ministries, central agencies, and provincial/municipal People's Committees under the central government:

a) Report on the accounting, recording of income and expenditure of foreign funds in accordance with the time and content stipulated in this Circular to the Ministry of Finance, the Ministry of Planning and Investment, and relevant agencies.

b) Require the Project Owner/Project Management Board to regularly review and reconcile accounting records of foreign fund income and expenditure with the State Treasury where transactions take place to consolidate and report to the main managing agency on the progress of foreign fund disbursement plans.

c) Propose measures to accelerate the progress of foreign fund disbursement and measures to address violations by the project owner, project owner, and project management board in managing and utilizing foreign funds according to regulations (if any) to the Ministry of Finance, the Ministry of Planning and Investment, and related ministries.

d) Bear responsibility before the Government and Prime Minister for the accuracy of consolidated data on the situation of foreign fund disbursement plans and the actual progress of foreign fund disbursement plans.

e) Organize inspections of projects and project management boards on the implementation of foreign fund disbursement reporting systems as stipulated in this Circular to promptly guide project owners to resolve difficulties and obstacles in the work of allocating plans and implementing foreign fund disbursements, thereby accelerating the progress of implementing and disbursing funds for programs and projects.

3. Responsibilities of the Ministry of Finance:

a) Organize the consolidation and evaluation of the implementation of foreign fund disbursement reporting systems at ministries, sectors, localities, and project owners to advise the Government on solutions to accelerate the progress of foreign fund disbursement for projects and propose measures to address violations in foreign fund disbursement according to regulations (if any).

b) Based on the reports on the progress of foreign fund disbursement from agencies and units, the Ministry of Finance will analyze and evaluate the progress of foreign fund disbursement plans of ministries, central agencies, and localities; timely direct and resolve difficulties and obstacles for ministries, sectors, and localities based on the authority delegated or advised to the Prime Minister to serve the effective guidance and management of the state budget throughout the year.

4. Responsibilities of the State Treasury:

a) Direct the State Treasury at the provincial level to oversee disbursement, accounting, and recording of income and expenditure of projects using foreign funds according to the approved project list by ministries, sectors, and localities, ensuring compliance with regulations.

b) Coordinate with the Project Owner/Project Management Board to periodically review and reconcile accounting records of foreign fund income and expenditure at the State Treasury where transactions take place to consolidate and report to the main managing agency on the progress of foreign fund disbursement plans.

c) Complete accounting entries for ODA and preferential loan expenditures within 30 days from January 31 of the fiscal year as stipulated in Clause 2, Article 69 of Decree No. 56/2020/NĐ-CP dated May 25, 2020 of the Government.

Article 9. Sanctions for Handling

Organizations and individuals that fail to submit reports with complete content and within the prescribed time limit as stipulated in this Circular shall be subject to handling according to the provisions of the law depending on the nature and extent of the violation.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

This Circular takes effect from August 15, 2021.

Article 11. Implementation Organization

1. Ministries, central agencies, local authorities, organizations, and individuals related to this matter are responsible for implementing this Circular.

2. In the course of implementation, any issues encountered should be reported to the Ministry of Finance for study and appropriate supplementation to ensure compliance./.