Circular No. 7249/TC-QLCS regarding the implementation of Decision No. 80/2001/QD-TTg dated May 24, 2001 of the Prime Minister

LETTER

OF THE MINISTRY OF FINANCE NO. 7249/TC-QLCS ON JULY 2, 2002 REGARDING THE IMPLEMENTATION OF DECISION NO. 80/2001/QĐ-TTg OF MAY 24, 2001 ISSUED BY THE PRIME MINISTER

Dear: - Ministries, ministerial-level agencies, government agencies

Central agencies of mass organizations

- Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).||| People's Committees of provinces and centrally governed cities

||| - State-owned Enterprises 90, 91

||| Regarding the reorganization and reallocation of state-owned land and property within the territory of Ho Chi Minh City pursuant to Decision No. 80/2001/QĐ-TTg dated May 24, 2001 issued by the Prime Minister, the Ministry of Finance has provided guidance through Circular No. 83/2001/TT-BTC dated October 4, 2001. To meet the deadlines and timeframes directed by the Prime Minister in Decision No. 80/2001/QĐ-TTg, while addressing some questions raised by ministries, sectors, agencies, and units during the implementation process according to the guidance provided in Circular No. 83/2001/TT-BTC, the Ministry of Finance hereby provides the following opinions:

||| 1. Point 4, Part III of Circular No. 83/2001/TT-BTC dated October 4, 2001 of the Ministry of Finance stipulates: "Ministries, ministerial-level agencies, government agencies, central agencies of mass organizations, People's Committees of provinces and centrally governed cities other than Ho Chi Minh City, State-owned Enterprises established by the Prime Minister’s decision, and departments, bureaus, branches, district and county People's Committees, and State-owned Enterprises established by the People's Committee of Ho Chi Minh City shall base their review and examination on the reports from subordinate agencies and units to provide written comments on the proposed plans for handling and reorganizing each piece of land and property of each agency and unit to be submitted to the Steering Board 80."

||| Agencies as specified herein are requested to promptly urge the implementation and submit written comments on the proposed plans for handling and reorganizing each piece of land and property of each agency and unit to the Steering Board 80 before July 15, 2002.

||| If there are no written comments beyond this deadline, the Steering Board 80 will base its decisions on the proposed plans for handling and reorganizing land and property of the directly managing and using agencies and units, confirmed by the immediate superior management agencies (in the current status report on land and property and the model proposal forms 01A and 01B) to submit to the competent authority for approval in accordance with current regulations.

||| 2. Point 2, Part V of Circular No. 83/2001/TT-BTC dated October 4, 2001 of the Ministry of Finance stipulates: "The State Treasury of Ho Chi Minh City shall only make payments to state agencies and SOEs based on the decisions of the Steering Board 80, on the basis of approved projects by the competent authority, in accordance with the contents prescribed in Point 4, Part II of this Circular and the construction progress." Regarding this matter, the Ministry of Finance provides specific guidance as follows:

||| a) The State Treasury of Ho Chi Minh City shall only make payments to state agencies, SOEs, or project management boards (if any) in accordance with the current regulations on the management, allocation, and settlement of capital for basic construction investment when the following conditions are met:

||| - The plan for handling and reorganizing land and property and the plan for utilizing the proceeds from such handling and reorganization have been approved by the competent authority as stipulated in Article 3 of Decision No. 80/2001/QĐ-TTg dated May 24, 2001 issued by the Prime Minister.

||| - The investment project has been approved by the competent authority in accordance with the current regulations on the management of basic construction investment.

||| - Based on the proceeds from selling houses and transferring land use rights, which have been paid by the agencies and units, the State Treasury of Ho Chi Minh City shall make payments according to the completed construction volume that has been inspected and accepted. ||| In cases where the construction volume has not yet been inspected and accepted, provisional payments not exceeding 50% of the completed construction volume may be made.

||| b) During the implementation of the projects, if there are changes in the allocation of investment capital exceeding the approved investment project, the following measures shall be taken:

||| - For projects managed by agencies under the jurisdiction of Ho Chi Minh City, the supervisory agencies shall send written reports to the Steering Board 80 for consideration and submission to the competent authority of the city for decision within the scope of funds obtained from the reorganization of state-owned land and property managed by the city.

||| - For projects managed by central agencies and other localities, they shall report to the ministries, ministerial-level agencies, government agencies, central agencies of mass organizations, State-owned Enterprises 90, 91, and provincial and centrally governed city People's Committees (the immediate superior supervisory agencies) for decision and coordination with the Steering Board 80 to handle within the scope of funds obtained from legally selling houses and transferring land use rights, in compliance with the current regulations on the management of basic construction investment.

||| The State Treasury of Ho Chi Minh City shall implement payments for adjusted values of each project upon receipt of written approvals from the competent authorities.

||| c) When the investment projects are completed (final accounts have been approved in accordance with the current regulations on the management of capital for basic construction investment), the supervisory agencies shall submit written reports to the financial agencies at the same level. The financial agencies at the same level shall base their records of revenue into the state budget for land use fees and proceeds from the sale of assets (allocated 100% to that level) and expenditures for basic construction investment according to the chapters, types, sections, sub-sections of the current state budget classification.

||| 3. Point 3, Part V of Circular No. 83/2001/TT-BTC dated October 4, 2001 of the Ministry of Finance stipulates: "Any excess funds obtained compared to the approved project must be deposited into the state budget. If the funds are insufficient after being used for investment projects decided by the competent authority, additional funds must be deposited into the budget; if there is a shortage, the agencies and units must report to the Steering Board 80 for consideration and supplementation from the proceeds obtained." In the case of depositing excess funds, it shall be carried out in accordance with the current regulations on budget management; if there is a shortage, it shall be handled as stated in item b, point 2 above.

||| 4. After completing the reorganization and reallocation of land and property, the supervisory agencies shall compile and report the results of implementing the reorganization and reallocation of land and property of their respective ministries, sectors, localities, agencies, and units to the Steering Board 80 for consolidation and reporting to the Prime Minister.

||| During the implementation process, if there are any difficulties, agencies and units are requested to report to the Ministry of Finance for consideration and resolution.