Circular No. 71/2005/TT-BTC guides the management, allocation, and settlement of investment capital for the Construction of the High-Speed Highway Project from Ho Chi Minh City to Trung Luong according to current regulations on investment and construction project management. This Circular focuses on sources of capital, capital plans, capital transfer and settlement, as well as implementation organization.
적용 범위
The Ministry of Transport, the project sponsor, State Treasury, and construction contractors.
핵심 사항
- The Construction of the High-Speed Highway Project from Ho Chi Minh City to Trung Luong is managed in accordance with the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP, amended and supplemented by other decrees.
- Investment capital for the project is secured from toll revenues of National Highway 5, National Highway 51, and the High-Speed Highway itself from Ho Chi Minh City to Trung Luong, as well as advance budget capital when necessary.
- The project sponsor must prepare an annual investment capital plan for the project by each source of capital (quarterly) and submit it to the Ministry of Transport and the Ministry of Finance. The capital settlement plan is reviewed and approved by the Ministry of Finance.
- Advance payment for the construction contractor includes 20% of the value of the construction contract and 50-70% of the value of materials included in the construction contract.
- The State Treasury implements payments according to current regulations, ensuring the progress of the project.
🌐 이 문서의 사회적 영향
- Positive impact: Supports the implementation of the Construction of the High-Speed Highway Project from Ho Chi Minh City to Trung Luong, reduces traffic congestion, and strengthens transportation connectivity.
- Negative impact: Capital management costs may impose additional burdens on the state budget.
❓ 자주 묻는 질문
Where does the investment capital for the project come from?
Investment capital for the project is secured from toll revenues of National Highway 5, National Highway 51, and the High-Speed Highway itself from Ho Chi Minh City to Trung Luong, as well as advance budget capital when necessary.
How must the project sponsor prepare the capital plan?
Annually, the project sponsor must prepare an annual investment capital plan for the project by each source of capital (quarterly) and submit it to the Ministry of Transport and the Ministry of Finance.
What is the advance payment for the contractor?
Advance payment for the construction contractor includes 20% of the value of the construction contract and 50-70% of the value of materials included in the construction contract.
When does this circular take effect?
This Circular takes effect fifteen days after its publication in the Official Gazette.
How is the advance budget capital recovered?
Advance budget capital for the project is recovered from the transfer of toll collection rights of National Highway 5, National Highway 51, and the High-Speed Highway from Ho Chi Minh City to Trung Luong. Recovery occurs immediately after the project sponsor has fully settled the contractor according to the contract.
전문
CIRCULAR
Guidelines for managing, allocating, and settling investment capital for the project
Construction of the Ho Chi Minh City - Trung Luong Expressway
Pursuant to the State Budget Law No. 01/2002/QH11 dated December 16, 2002;
Pursuant to Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government on the issuance of the Investment and Construction Management Regulation, Decree No. 12/2000/NĐ-CP dated May 5, 2000 and No. 07/2003/NĐ-CP dated January 30, 2003 of the Government amending and supplementing certain provisions of the Investment and Construction Management Regulation; Pursuant to Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on Project Management for Construction Investment Projects;
Implementing Decision No. 1286/QĐ-TTg dated December 6, 2004 of the Prime Minister on investing in the Ho Chi Minh City - Trung Luong Expressway Project (Phase 1) and Notification No. 63/TB-VPCP dated April 5, 2005 of the Government Office on measures to address financial difficulties for some enterprises under the Ministry of Transport;
The Ministry of Finance issues guidelines for managing, allocating, and settling investment capital for the Ho Chi Minh City - Trung Luong Expressway Project as follows:
I. GENERAL PROVISIONS:
The Ho Chi Minh City - Trung Luong Expressway Project shall be managed in accordance with the provisions of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government and amended and supplemented by Decree No. 12/2000/NĐ-CP dated May 5, 2000 and No. 07/2003/NĐ-CP dated January 30, 2003 of the Government and the Regulation on Project Management for Construction Investment Projects issued together with Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; management, allocation, and settlement of investment capital shall be carried out in accordance with current regulations.
Due to the specific nature of the investment capital sources for the project, the Ministry of Finance provides additional guidance on managing, allocating, and settling investment capital for the project as follows:
II. SPECIFIC PROVISIONS:
1. On Sources of Investment Capital:
Investment capital for the project shall be secured from the following sources:
- Revenue from transferring the right to collect tolls on National Highway 5, National Highway 51, and the Ho Chi Minh City - Trung Luong Expressway itself.
- Advance capital from the state budget when revenue from transferring the right to collect tolls is insufficient.
2. Preparation of Capital Plan:
- Annually, in accordance with the regulations on preparing the state budget estimate, the project sponsor shall prepare the annual investment capital plan for the project according to each source of capital (divided by quarter) and submit it to the Ministry of Transport and the Ministry of Finance.
- The Ministry of Transport shall determine the project's investment capital plan and submit it to the Ministry of Finance.
- The Ministry of Finance shall examine, approve, and notify the project's investment capital settlement plan to the Ministry of Transport, the project sponsor, and the State Treasury.
- Adjustment of the Plan: During the year, if the actual progress and capital settlement needs of the project differ from the initial annual plan, the Ministry of Transport shall prepare an adjusted investment capital plan and submit it to the Ministry of Finance for adjustment of the capital settlement plan. The time for adjusting the investment capital plan is in August each year.
3. Transfer of Capital:
3.1. For capital obtained from transferring the right to collect tolls on National Highway 5, National Highway 51, and the Ho Chi Minh City - Trung Luong Expressway, such capital shall be deposited into the central government budget and can only be used for the construction investment project of the Ho Chi Minh City - Trung Luong Expressway.
3.2. For advance capital from the state budget, the transfer of capital shall be carried out as follows:
- Basis for transferring capital: reports and requests from the project sponsor regarding the volume of work completed each quarter, cumulative from the beginning of the year and since the start of the project, estimated volume of work for the next quarter; capital transferred this quarter, cumulative from the beginning of the year and since the start of the project; capital disbursed this quarter, cumulative from the beginning of the year and since the start of the project; request for capital for the next quarter. The report from the project sponsor must be confirmed by the local treasury office regarding the value of the completed work verified by A-B and the capital disbursed.
- The Department of Investment under the Ministry of Finance shall propose, and the Department of State Budget under the Ministry of Finance shall transfer capital to the State Treasury in the form of payment orders; the State Treasury shall transfer capital to the local treasury office for settlement.
4. Settlement:
4.1. Opening Accounts:
- The project sponsor shall open an account for the project at the State Treasury in accordance with current regulations.
- Contractors shall open accounts at the State Treasury where the project sponsor has opened an account for the project to receive settlement capital from the project sponsor; they are responsible for using funds from this account for construction work, ensuring the project's progress.
- The State Treasury shall guide the opening of accounts for the project sponsor and contractors.
- The project sponsor is responsible for monitoring the expenditure of contractors, ensuring that funds from the project are used for construction work, ensuring the project's progress.
4.2. Advance Payment of Capital:
- Contract advance payment: construction contracts shall be advanced immediately after signing the tender contract. The advance payment amount equals 20% of the contract value.
- Material advance payment: major materials for construction projects including sand, gravel, pebbles, steel, cement, asphalt shall be advanced 50% of the material value included in the construction contract; prefabricated concrete components shall be advanced 70% of the material value included in the construction contract and stockpiled at the site.
4.3. Settlement of Completed Volume: To be carried out in accordance with current regulations.
5. Recovery of Advance Capital from the State Budget:
Advance capital from the state budget for the project shall be recovered from the revenue from transferring the right to collect tolls on National Highway 5, National Highway 51, and the Ho Chi Minh City - Trung Luong Expressway. The recovery period shall be immediately after the project sponsor has fully settled with the contractor according to the contract.
III. IMPLEMENTATION:
This Circular takes effect 15 days after its publication in the Official Gazette. In the course of implementation, if any issues arise, please promptly reflect them to the Ministry of Finance for study and amendment./.
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