Circular No. 50/2011/TT-BTC on the regulations and reporting forms for the implementation of construction investment capital from state budget funds

CIRCULAR

Regulations on the system and forms for reporting the implementation of construction investment capital

from state budget sources

___________________________

Pursuant to the State Budget Law dated December 16, 2002; Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the State Budget Law;

Pursuant to the Construction Law on November 26, 2003 and the decrees on project management for construction works;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 52/2007/QĐ-TTg dated April 16, 2007 of the Prime Minister on the reporting system for the implementation of state capital investment plans;

To strengthen financial management of construction investment capital from state budget sources; the Ministry of Finance guides the system and forms for reporting the implementation of construction investment capital from state budget sources as follows:

PART I

GENERAL PROVISIONS

Article 1. This Circular stipulates the system and forms for reporting the implementation of construction investment capital from state budget sources, applicable to agencies and units: National Treasury, Department of Finance, Provincial National Treasury (referred to as Provincial National Treasury), financial management units under Ministries, ministerial-level agencies, and government agencies (referred to as financial management agencies under Ministries and sectors) to coordinate in reporting the implementation of construction investment capital from state budget sources annually (including adjusted and supplementary capital within the plan year).

Reporting the implementation of construction investment capital payment for projects under Ministries, sectors, and localities (on a monthly, quarterly, and annual basis) serves as a basis for competent authorities to grasp the situation, serving the work of directing and managing state budget capital according to assigned plans; at the same time, it serves as a basis for implementing the adjustment and reallocation of capital among Ministries, sectors, and localities upon instructions from competent authorities.

Article 2. The report and guidance on the system for reporting the implementation of construction investment capital from state budget sources as stipulated in this Circular include:

1. Report on centralized construction investment capital allocated annually by the Prime Minister to Ministries, sectors, and localities, implemented within the plan year.

2. Report on centralized construction investment capital from the previous year's plan that has not been fully settled, permitted by competent authorities to extend settlement to the following year (plan year).

3. Report on centralized construction investment capital advanced from the next year's budget estimate, implemented within the plan year.

4. Report on capital mobilized by localities pursuant to Clause 3, Article 8 of the State Budget Law; temporary advance capital from the National Treasury's retained funds as prescribed to implement construction investment projects within the plan year.

5. Report on supplementary capital for projects from other lawful sources (excluding the above-mentioned sources).

6. Report on government bond capital allocated annually by the Prime Minister to Ministries, sectors, and localities for projects listed in the Prime Minister's decisions, implemented within the plan year.

7. Report on government bond capital allocated for projects listed in the Prime Minister's decisions from the previous year's plan that have not been fully settled, permitted by competent authorities to extend settlement to the following year.

8. Report on government bond capital advanced from the next year's plan at the Prime Minister's decisions, implemented within the plan year.

Chapter II

SPECIFIC PROVISIONS

Article 3. Regulations on the agency responsible for compiling reports and the reporting deadlines:

1. Department of Finance: Compiles reports on centralized construction investment capital plans, government bond capital; construction debt situation, completed projects, implementation of construction investment capital sources in the locality, and project results, sending them to relevant agencies and units using the following forms:

1.1. Form 01-TC: Centralized Construction Investment Capital Plan:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department), National Treasury, Provincial and Municipal National Treasuries.

b) Reporting deadline: Before January 20 of the plan year; in cases where there are adjustments or supplements to the construction investment capital plan during the plan year, the Department of Finance compiles the adjusted plan and sends it to relevant agencies and units using the form above within 15 days from the date of the competent authority's decision to adjust or supplement the capital plan.

1.2. Form 02-TC: Government Bond Capital Plan:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department), National Treasury, Provincial and Municipal National Treasuries.

b) Reporting deadline: Within 20 days from the date the Prime Minister signs the decision allocating government bond capital plans to localities; in cases where the Prime Minister issues additional government bond capital plans during the plan year, the Department of Finance compiles the additional allocation plan and sends it to relevant agencies and units using the form above within 15 days from the date of the Prime Minister's decision to supplement the capital plan.

1.3. Form 03-TC: Report on Implementation and Payment of Construction Investment Capital Sources:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department).

b) Reporting time: Mid-year report submitted before May 25 of the planning year; annual report submitted before November 25 of the planning year.

1.4. Form 04-TC: Report on the results of completed project implementation in the planning year:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department).

b) Reporting time: Before April 1 of the year following the planning year (after the completion of the annual settlement period as prescribed).

1.5. Form 05-TC: Report on Construction Debt Situation of Completed Projects:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department).

b) Reporting time: Before April 1 of the year following the planning year (after the completion of the annual settlement period as prescribed).

2. Financial agencies under Ministries and Sectors: Compile reports on the contents specified in Forms 04-TC and 05-TC, sending them to the Ministry of Finance (Investment Department, State Budget Department).

3. Provincial National Treasury: Compiles reports on the implementation and payment of centralized construction investment capital and government bond capital for projects in the province/city, sending them to relevant agencies and units using the following forms:

3.1. Form 06-KBT: Report on Implementation and Payment of Centralized Construction Investment Capital:

a) Agency receiving report: National Treasury, Department of Finance.

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the 5th day of the following month.

- Annual report: 12-month report submitted before January 10 of the year following the planning year; 13-month report submitted before February 15 of the year following the planning year.

c) Quarterly (cumulative payments over 3 months, 6 months, 9 months, 12 months) and 13th month: The Provincial National Treasury compiles detailed payment amounts for each project according to each source of capital. Monthly reports only provide total amounts according to each source of capital at each level of budget.

3.2. Form 07-KBT: Report on Implementation and Payment of Government Bond Capital:

a) Agency receiving report: National Treasury, Department of Finance.

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the 5th day of the following month.

- Annual report: 12-month report submitted before January 10 of the year following the planning year; 13-month report submitted before February 15 of the year following the planning year.

c) Quarterly (cumulative payments over 3 months, 6 months, 9 months, 12 months) and 13th month: The Provincial National Treasury compiles detailed payment amounts for each project according to sector and field. Monthly reports only provide total amounts of capital according to sector and field for each Ministry, sector, and locality.

3.3. Form 08-KBT: Report on Implementation and Payment of Centralized Construction Investment Capital from the Previous Year's Plan Permitted to Extend to the Following Year:

a) Agency receiving report: National Treasury, Department of Finance.

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the 5th day of the following month.

- Annual report: 12-month report submitted before January 10 of the year following the planning year; 13-month report submitted before February 15 of the year following the planning year.

c) Quarterly (cumulative payment over time periods of three months, six months, nine months, twelve months) and the thirteenth month: The State Treasury of provinces and cities aggregates the detailed amount of funds paid for each project. Monthly reports only provide the total amount of funds paid according to ministries, sectors, and localities.

3.4. Form 09 - KBT: Report on the situation of capital investment disbursement for basic construction projects using advance budget estimates for the following year implemented within the planned year:

a) Agency receiving report: National Treasury, Department of Finance.

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the 5th day of the following month.

- Annual report: 12-month report submitted before January 10 of the year following the planning year; 13-month report submitted before February 15 of the year following the planning year.

c) Quarterly (cumulative payment over time periods of three months, six months, nine months, twelve months) and the thirteenth month: The State Treasury of provinces and cities aggregates the detailed amount of funds paid for each project. Monthly reports only provide the total amount of funds paid according to ministries, sectors, and localities.

3.5. Form 10 - KBT: Report on the implementation of plans and disbursement of mobilized capital under Clause 3 of Article 8 of the State Budget Law, temporary advance capital remaining with the State Treasury implemented within the planned year:

a) Agency receiving report: National Treasury, Department of Finance.

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the 5th day of the following month.

- Annual report: 12-month report submitted before January 10 of the year following the planning year; 13-month report submitted before February 15 of the year following the planning year.

c) Quarterly (cumulative payment over time periods of three months, six months, nine months, twelve months) and the thirteenth month: The State Treasury of provinces and cities aggregates the detailed amount of funds paid for each project according to each source of funds. Monthly reports only provide the total amount of funds paid according to each source of funds of ministries, sectors, and localities.

3.6. Form 11 - KBT: Quick report on the implementation of plans and disbursement of various sources of capital for basic construction projects:

a) Agency receiving report: National Treasury, Department of Finance.

b) Reporting period: Regularly before the twentieth day of each month.

4. State Treasury: Aggregates and reports on the implementation of plans and disbursement of centralized capital for basic construction projects and government bond capital of ministries, sectors, and localities according to the forms sent to the following agencies and units:

4.1. Form 12 - KBNN: Report on the implementation of plans and disbursement of centralized capital for basic construction projects:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department).

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the fifteenth day of the following month.

- Annual report: 12-month report before January 20 of the year following the plan year; 13-month report before February 25 of the year following the plan year.

c) Quarterly (cumulative payment over time periods of three months, six months, nine months, twelve months) and the thirteenth month: The State Treasury aggregates the detailed amount of funds paid for each project according to each source of funds of ministries and sectors. Monthly reports only provide the total amount according to each source of funds of all levels of budgets.

4.2. Form 13 - KBNN: Report on the implementation of plans and disbursement of centralized capital for basic construction projects of Group A projects and national key projects:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department).

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the fifteenth day of the following month.

- Annual report: 12-month report before January 20 of the year following the plan year; 13-month report before February 25 of the year following the plan year.

c) Quarterly (cumulative payment over time periods of three months, six months, nine months, twelve months) and the thirteenth month: The State Treasury aggregates the detailed amount of funds paid for each project according to industry and field. Monthly reports only provide the total number of projects according to industry and field of ministries, sectors, and localities.

4.3. Form 14 - KBNN: Report on the implementation of plans and disbursement of government bond capital:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department).

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the fifteenth day of the following month.

- Annual report: 12-month report before January 20 of the year following the plan year; 13-month report before February 25 of the year following the plan year.

c) Quarterly (cumulative payment over time periods of three months, six months, nine months, twelve months) and the thirteenth month: The State Treasury aggregates the detailed amount of funds paid for each project according to industry and field. Monthly reports only provide the total amount of funds according to industry and field of each ministry, sector, and locality.

4.4. Form 15 - KBNN: Report on the implementation of plans and disbursement of centralized capital for basic construction projects from the previous year permitted to be carried over to the next year, advance budget estimates for the following year, mobilized capital under Clause 3 of Article 8 of the State Budget Law, and temporary advance capital remaining with the State Treasury for basic construction projects (if any):

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department).

b) Reporting time: Monthly, quarterly, and annually.

- Monthly, quarterly: Before the fifteenth day of the following month.

- Annual report: 12-month report before January 20 of the year following the plan year; 13-month report before February 25 of the year following the plan year.

c) Quarterly (cumulative payment over time periods of three months, six months, nine months, twelve months) and the thirteenth month: The State Treasury aggregates the detailed amount of funds paid for each project according to the source of funds of ministries and sectors. Monthly reports only provide the total amount of funds paid according to the source of funds of ministries, sectors, and localities.

4.5. Form 16 - TT: Quick report on the implementation of plans and disbursement of various sources of capital for basic construction projects:

a) Agency receiving report: Ministry of Finance (Investment Department, State Budget Department).

b) Reporting period: Regularly before the twenty-fifth day of each month.

Article 4. Regulations on the content of explanatory reports:

1. Based on the aggregated data on the implementation and disbursement of capital for basic construction projects of ministries, sectors, and localities (regularly monthly, quarterly, annually); State Treasuries at all levels shall provide explanatory evaluations of the implementation and disbursement of capital for basic construction projects attached to the consolidated report form. The content of the explanatory report includes:

- Summarize the situation of implementation and disbursement of assigned capital investment plans.

- Evaluation and analysis of existing issues and obstacles related to disbursement and implementation progress, specifying large-scale projects with significant issues.

- Proposals and recommendations for resolving issues to facilitate the management of state budget funds according to assigned plans.

2. Departments of Finance, financial management agencies under ministries and sectors, based on the contents within their responsibility for reporting, shall provide explanatory evaluations regarding the effectiveness of investments resulting from the allocation of state budget funds, the situation of construction debts; clearly stating advantages, difficulties, obstacles, causes, solutions for implementation, and recommendations to relevant agencies at the local level, central ministries, and sectors to resolve obstacles to accelerate capital disbursement, serving the management of capital plans of ministries, sectors, and localities.

Article 5. Content of the report form: The State Treasury, Departments of Finance, the State Treasury of provinces and cities, financial agencies under ministries and sectors shall prepare the report form according to the indicators and notes specified in the accompanying forms of this Circular.

Article 6. Reporting system and reporting format:

1. Periodic reporting: The State Treasury, Departments of Finance, the State Treasury of provinces and cities, financial agencies under ministries and sectors have the responsibility to aggregate and report to relevant agencies and units according to the prescribed time and content of reporting as stipulated in Articles 3, 4, and 5 of this Circular.

2. Quick reporting: In addition to implementing the periodic reporting system as prescribed in Clause 1 of this Article, the State Treasury and the State Treasury of provinces and cities shall implement a quick reporting system on the implementation of plans and disbursement of various sources of capital for basic construction projects to the Ministry of Finance (Investment Department, State Budget Department) and Departments of Finance for timely consolidation and reporting to competent authorities to direct the budget, resolve obstacles, and handle any violations (if any) of ministries, sectors, and localities.

3. Reporting format: Reports of relevant agencies and units as prescribed in this Circular shall be sent via postal service (for stamped copies) simultaneously via email to the Ministry of Finance (Investment Department, State Budget Department) at the address: [email protected] or [email protected] and sent to the State Treasury through the software program control system for capital disbursement under the State Treasury System or email provided by the State Treasury.

Article 7. Responsibilities of agencies during the implementation process:

1. Responsibilities of the Department of Finance of provinces and cities:

- To take the lead in coordinating with the State Treasury of the province/city to issue a system of Forms and guidelines for reporting on the implementation of construction investment capital from state budget sources allocated annually to local agencies for the purpose of serving the consolidation of reports as prescribed.

- To compile and report on the allocation plan for centralized construction investment capital, government bond capital, the implementation of payments from various sources of construction investment capital, the results of completed projects within the annual plan, and the situation of construction investment capital debt of completed projects in the locality according to the Forms prescribed in Clause 1, Article 3 of this Circular. To be responsible for the accuracy of the data and the reporting time.

- To request the State Treasury and project sponsors to provide data to serve the consolidation of reports as prescribed, and to ask units to explain discrepancies in reported data or reasons for delayed reporting; at the same time, to report to the Chairman of the People's Committee of the province/city to direct the resolution of difficulties in the implementation process.

- To take the lead in coordinating with the State Treasury and relevant functional agencies of the province/city to inspect project sponsors on the management and use of capital from state budget sources and advance payment under regulations; to promptly advise the People's Committee of the province/city on measures to accelerate the disbursement progress of investment capital of projects and measures to address violations in the management and use of investment capital and advance payment (if any).

2. Responsibilities of financial management agencies under central Ministries and sectors:

- To compile and report on the allocation plan for centralized construction investment capital, government bond capital for projects under the management of Ministries and sectors to the Ministry of Finance and the State Treasury in accordance with current regulations.

- To compile and report on the results of completed projects and the situation of construction investment capital debt of completed projects within the annual plan under the management of Ministries and sectors according to the Forms prescribed in Clause 2, Article 3 of this Circular. To be responsible for the accuracy of the data and the reporting time.

- To advise the Minister, Head of a ministry-level agency on measures to accelerate the disbursement progress of investment capital of projects and measures to address violations by project sponsors in the management and use of investment capital and advance payment (if any).

3. Responsibilities of Provincial State Treasuries:

- To compile and report on the implementation of plans and payments of centralized construction investment capital, government bond capital, and other sources of capital for projects in the province/city according to the Forms prescribed in Clause 3, Article 3 of this Circular. To be responsible for the accuracy of the data and the reporting time.

- To regularly coordinate with the Department of Finance to inspect project sponsors on the situation of capital payments and management and use of advance payment under regulations.

4. Responsibilities of the State Treasury:

- To compile the situation of implementation of plans and payments of centralized construction investment capital, government bond capital, and other sources of capital according to the Forms prescribed in Clause 4, Article 3 of this Circular.

- To be responsible before the Minister of Finance for the consolidated data and reports on the implementation of payments of centralized construction investment capital and government bond capital of Ministries and sectors and localities.

5. Responsibilities of the Ministry of Finance:

- To analyze and evaluate the results of implementing payments of centralized construction investment capital, government bond capital, the situation of construction debts, and the results of projects of Ministries and sectors, localities; based on the authority delegated or advising the Prime Minister to promptly direct and resolve difficulties for Ministries and sectors, localities to serve the annual budget guidance work well.

- To regularly inspect and control the situation of managing and paying various sources of construction investment capital from state budget funds at Ministries and sectors, localities, and project sponsors to have measures to accelerate the disbursement progress of investment capital of projects and measures to address violations in the management and use of investment capital and advance payment (if any).

Article 8. Implementing organization.

1. This Circular shall take effect 45 days from the date of signature and replace Decision No. 1869/QD-BTC dated June 6, 2005 of the Minister of Finance on the issuance of the Regulation on Information Reporting on Construction Investment Capital from State Budget Sources within the finance sector.

2. In the process of implementing this Circular, if there are any difficulties, please send comments to the Ministry of Finance for study and appropriate amendments and supplements./.