Circular No. 62/2015/TT-BTC amending and supplementing certain Articles of Circular No. 162/2012/TT-BTC dated October 3, 2012 of the Ministry of Finance on the advance payment of State Treasury funds.

CIRCULAR

Amending and supplementing certain Articles of TCircular number 162/2012/No.-BCT

dated October 3, 2012 of the Ministry of FinanceB||| Tstipulating the advance paymentof funds

capital Kand guiding the implementation of the State Budget Law; N |||at enterprises

__________________ 

According to Decree No. 107/2012/NĐ-CP dated December 20 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Transport;i tipoliciesPursuant to Decision No. 108/2009/QĐ-TTg dated August 26, 2009 of the Prime Minister prescribing the functions, tasks, powers, and organizational structure of the State Treasury under the Ministry of Finance;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

The Minister of Finance issues this Circular amending and supplementing some articles of Circular No.

At the proposal of the General Director of the State Treasury;

162/2012/TT-BTC dated OctoberNo. 3, 2012 of the Ministry of Finance stipulating the advance payment of State Treasury funds (hereinafter referred to as Circular No. 1162/2012/TT-BTC).No. Article 1. Amending and supplementing some articles of Circular No. 162/2012/TT-BTC as follows:

"Article 3. Principles for advance payment and recovery of advance payment of State Treasury funds

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

1. The advance payment of State Treasury funds to the state budget shall be decided by the Minister of Finance according to the principle of not affecting the settlement and payment tasks of the State Treasury.

2. Advance payments that are used for purposes not approved will be recovered.

3. The advance payment of State Treasury funds shall be carried out at the State Treasury and the State Treasuries of provinces and centrally governed cities. The State Treasuries of districts, counties, towns, and centrally governed provincial cities shall not be permitted to carry out advance payments of State Treasury funds.

4. All advance payments of State Treasury funds must be repaid on time and in accordance with regulations, except in cases where the extension of advance payment is approved by the Minister of Finance. In cases where the advance payment is not repaid on time and in accordance with regulations, the State Treasury has the right to deduct from the treasury reserve to recover the full amount of the advance payment, advance payment fees, and late advance payment fees (if applicable)."

"Article 4. Responsibilities of units receiving advance payments of State Treasury funds

2. Amending and supplementing Clause 4 as follows:

Units receiving advance payments of State Treasury funds have the responsibility to use the advance payment funds for the approved purpose, repay the advance payment fully and on time, and pay the advance payment fee on the amount of advance payment according to this Circular. The People's Committee of provinces and centrally governed cities (hereinafter referred to as the People's Committee of provinces) is responsible for implementing the advance payment of State Treasury funds in accordance with the Resolution of the Provincial People's Council. In cases between two sessions, the People's Committee of provinces shall seek the opinions of the Standing Body of the Provincial People's Council in accordance with Clause 4, Article 21 of Resolution No. 753/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly on the operation rules of the People's Council."

"2. Procedures for advance payment of funds for provincial budgets.

3. Amending and supplementing Clause 2 of Article 5 as follows:

2.1. When there is a need for advance payment of State Treasury funds, the People's Committee of provinces shall implement the following procedures:

- In the case of advance payment to accelerate the progress of basic construction projects (as provided for in Point 2.1, Clause 2, Article 2 of this Circular): The People's Committee of provinces shall base on the Resolution of the Provincial People's Council (or the opinion of the Standing Body of the Provincial People's Council) to approve the advance payment of State Treasury funds and send a letter to the Ministry of Finance requesting the advance payment of State Treasury funds. In the letter, it should clearly state: the Resolution of the Provincial People's Council (or the opinion of the Standing Body of the Provincial People's Council) approving the advance payment of funds; the list of projects for which funds are to be advanced; the schedule for advance payment; the schedule for repayment of advance payment; the total outstanding debt from all sources of funds raised (including other sources such as bond issuance, bank loans, etc.) and commitments to use the advance payment funds for their intended purpose, effectively, and to repay them on time, and other commitments for the Ministry of Finance to consider and decide.

- In the case of advance payment for investment in projects attracting investment (as provided for in Point 2.2, Clause 2, Article 2 of this Circular): The People's Committee of provinces shall base on the Resolution of the Provincial People's Council (or the opinion of the Standing Body of the Provincial People's Council) to approve the advance payment of State Treasury funds. In the letter, it should clearly state: the Resolution of the Provincial People's Council (or the opinion of the Standing Body of the Provincial People's Council) approving the advance payment of funds; the list of projects for which funds are to be advanced; the level of investment for each project; the schedule for advance payment; the source and schedule for repayment of advance payment and commitments to use the advance payment funds for their intended purpose, effectively, and to repay them on time, and other commitments for the Ministry of Finance to consider and decide.

2.2. After receiving the approval for advance payment of State Treasury funds from the Ministry of Finance, the People's Committee of provinces shall prepare a request for advance payment of State Treasury funds according to Form 02 and submit it to the State Treasury to make the advance payment of State Treasury funds according to regulations.

2.3. Based on the request for advance payment from the People's Committee of provinces that has been approved by the State Treasury, the Department of Finance shall report to the People's Committee of provinces and prepare a request for withdrawal of advance payment of State Treasury funds for each withdrawal according to Form 04 and submit it to the State Treasuries of provinces and centrally governed cities (hereinafter referred to as the State Treasury of provinces) to make the advance payment of State Treasury funds for the provincial budget. The withdrawal of advance payment may be made once or multiple times according to the principle that the total amount of advance payment from all withdrawals does not exceed the amount of advance payment approved by the Ministry of Finance and signed off by the State Treasury."

"2. Duration of advance payment and withdrawal of provincial budgets:

4. Amend and supplement Clause 2 of Article 7 as follows:

2.1. For advance payments to provincial budgets to accelerate the progress of basic construction projects listed in the annual plan of the province, city (as provided for in Point 2.1, Clause 2, Article 2 of this Circular):

- Duration of advance payment: up to 12 months from the date the State Treasury signs off on the advance payment in the request for advance payment of State Treasury funds.

- Duration of withdrawal for advance payments approved by the Ministry of Finance within the fiscal year shall be no later than the end of the adjustment period for the finalization of the fiscal year's budget; after the adjustment period for the finalization of the budget, the advance payment will expire.

2.2. For advance payments to provincial budgets for investment in infrastructure projects to attract investment (as provided for in Point 2.2, Clause 2, Article 2 of this Circular):

- Duration of advance payment: determined by the Ministry of Finance.

- Duration of withdrawal: up to 12 months from the date the Ministry of Finance approves the advance payment; if withdrawn in multiple installments, the above duration applies to the last withdrawal. After the withdrawal period, the advance payment will expire."

- The withdrawal period: a maximum of twelve months from the date the Ministry of Finance approves the advance payment; in cases of multiple withdrawals, the above period applies to the final withdrawal. After the withdrawal period, the advance payment shall cease to be valid for withdrawal.

5. Amend and supplement Clause 1 of Article 9 as follows:

"1. The fee level:

- The advance payment fee rate for the State Treasury shall be uniformly applied at 0.15%/month (30 days) based on the outstanding balance of the advance payment.

- The overdue advance payment fee shall be calculated at 150% of the timely advance payment fee rate. The overdue advance payment fee shall be calculated based on the overdue advance payment fee rate and the number of overdue days.

In cases where an overdue advance payment is extended by the Ministry of Finance, the timely advance payment fee rate shall still apply until the end of the extended period."

6. Amend and supplement Clause 3 of Article 11 as follows:

"3. The provincial Department of Finance shall be responsible for reporting the situation of advance payment fund usage to the State Treasury while simultaneously sending it to the Provincial People's Committee according to Model 03 on a quarterly basis (before the 15th day of the first month of each quarter). Compliance with the reporting system on the situation of advance payment fund usage is one of the criteria for considering advance payments and extensions of advance payments from the State Treasury."

7. Amend the Application Form for Advance Payment from the State Treasury (Model 02); the Report on the Situation of Advance Payment Fund Usage from the State Treasury (Model 03) issued together with Circular No. 162/2012/TT-BTC to become the corresponding forms attached to this Circular; and add the Withdrawal Request Form for Advance Payment from the State Treasury (Model 04)."

Article 2. Effective Date

1. This Circular takes effect from July 1, 2015.

2. Other contents not specified in this Circular shall continue to be implemented in accordance with the guidance provided in Circular No. 162/2012/TT-BTC dated October 3, 2012 of the Ministry of Finance regarding advance payment from the State Treasury.

3. During implementation, if any difficulties arise, please report them to the Ministry of Finance for research and appropriate amendments and supplements./.