Circular No. 76/TC-ĐTPT guiding the management and allocation of capital for basic construction investment from the county and commune budgets.

CIRCULAR

Guidelines for managing and allocating investment capital for basic construction from the county and commune budgets

Pursuant to the State Budget Law issued on March 20, 1996;

Pursuant to Decree No. 87/CP dated December 19, 1996 of the Government detailing the division of management, preparation, implementation, and settlement of the state budget;

Pursuant to Decree No. 42/CP dated July 16, 1996 of the Government on the issuance of the Investment Management and Construction Regulation, and Decree No. 92/CP dated August 23, 1997 of the Government amending and supplementing certain provisions of the Investment Management and Construction Regulation issued together with Decree No. 42/CP dated July 16, 1996;

The Ministry of Finance issues guidelines for managing and allocating investment capital for basic construction from the county and commune budgets as follows:

PART I
GENERAL PROVISIONS

1. The management and allocation of investment capital for basic construction from the county and district budgets (including towns and cities under provincial jurisdiction, collectively referred to as counties) and commune budgets (including towns, collectively referred to as communes) shall be carried out in accordance with the current regulations of the State as stipulated in the Investment Management and Construction Regulation issued together with Decree No. 42/CP dated July 16, 1996 of the Government, Circular No. 63 TC/ĐTPT dated November 2, 1996 of the Ministry of Finance guiding the management and allocation of investment capital from state budget sources, and other relevant circulars guiding the management and allocation of investment capital for basic construction issued by the State, and the provisions set forth in this Circular.

2. Sources of investment capital for basic construction from the county and commune budgets (including mobilized and contributed funds from organizations and individuals) according to the分级任务的原因是确保每个部分的准确翻译，并保持文本的专业性和一致性。以下是按照要求直接翻译的部分内容，继续完成剩余部分：

3. The People's Committee of the county and commune and the project investors under the county and commune budgets have the responsibility to implement the State's regulations on investment and construction; to use investment capital for its intended purpose, economically, and effectively; to comply with the financial management policies and systems of the State regarding investment in basic construction and the regulations on the management and allocation of investment capital for basic construction as stipulated in this Circular.

PART II
SPECIFIC PROVISIONS

I. DETERMINATION OF INVESTMENT POLICY AND PLANNING OF INVESTMENT CAPITAL

1. Based on the planning and development plans of the locality, the finance departments of the county and commune have the responsibility to advise the People's Committee of the county and commune on investment development policies for each period and each year's plan; to participate in reviewing investment projects according to the investment and construction management levels assigned by the Chairman of the People's Committee of the province or centrally-administered city; to compile investment expenditures in the county and commune budget estimates according to the state budget estimate system. 2. After being allocated the budget by the provincial People's Committee, the County Finance Department is responsible for allocating quarterly expenditure levels for each project and notifying the investor and the State Treasury to provide capital in a timely manner.

3. Establishing and announcing quarterly capital plans:

Investors of projects under the county budget prepare quarterly capital allocation plans and submit them to the County Finance Department. Based on the annual capital plan and budget capacity, the County Finance Department allocates quarterly expenditure levels for each project, notifies the investor, and simultaneously sends the information to the State Treasury at the county level.

For projects under the commune budget:

In cases where supplementary capital comes from the county budget, the Commune Financial Board assists the Commune People's Committee in compiling quarterly capital plans and submitting them to the County Finance Department. Based on the quarterly expenditure levels announced by the County Finance Department, the Commune Financial Board allocates quarterly expenditure levels for each project, notifies the State Treasury at the county level to serve as the basis for payment.

In cases where capital is directly collected by the commune budget (including labor contributions converted into money and material contributions), based on the annual capital plan and collection capacity, the Commune Financial Board arranges quarterly expenditure levels for each project, notifies the State Treasury at the county level to serve as the basis for payment.

II. ENSURING CAPITAL SOURCES AND ALLOCATING CAPITAL

1. OPENING ACCOUNTS:

All project investors under the county and commune budgets must open accounts at the State Treasury at the county level to receive allocated capital.

The opening, management, and use of accounts by investors at the State Treasury at the county level shall be carried out in accordance with the regulations of the Ministry of Finance and the Central State Treasury.

2. Ensuring capital sources:

2.1. For projects under the county budget, the County Finance Department ensures sufficient capital based on the quarterly balanced county budget expenditure levels to allocate to the projects.

2.2. For projects under the commune budget:

In cases where expenditure is made using supplementary capital from the county budget to the commune budget, the County Finance Department ensures sufficient capital according to the quarterly balanced expenditure levels for the commune budget within the county budget.

In cases where expenditure is made using direct revenue at the commune level, the Commune Financial Board ensures sufficient capital according to the expenditure notification.

3. Allocating capital:

3.1. For projects managed by the county:

When there is a need for advance capital allocation or payment for completed construction work, the investor submits a request for capital allocation to the County Finance Department.

The County Finance Department checks the value of completed work volumes and payment invoices of the projects, approves the allocation and requests the State Treasury at the county level to make payments.

3.2. For projects managed by the commune:

When the project has a need for advance capital allocation or payment for completed construction work, the Commune Financial Board checks the value of completed work volumes and payment invoices, based on the available limits at the State Treasury at the county level (including supplementary capital from the county budget and direct commune budget revenue), approves the allocation and requests the State Treasury at the county level to make payments.

The principles, conditions, bases, and methods of allocation are in accordance with Circular No. 63 TC/ĐTPT dated November 2, 1996 of the Ministry of Finance guiding the management and allocation of investment capital for basic construction from state budget sources.

3.3. Based on the approval of the County Finance Department and the related settlement documents, the State Treasury at the county level implements payments by bank transfer or cash to the investor or, upon the investor's request, pays the contractor. The State Treasury at the county level records county and commune budget expenditures according to each source of capital.

III. YEAR-END SETTLEMENT AND PROJECT COMPLETION SETTLEMENT

1. At the end of each planning year, the project investor shall be responsible for reporting on the accounting of capital investment implemented during the year; when the project (construction works or parts thereof) is completed, the project investor shall be responsible for preparing a final settlement report on the project's capital investment to send to the District Finance Office (for projects managed by the district) or the Commune Finance Board (for projects managed by the commune), the authority reviewing the final settlement and the person authorized to approve the final settlement according to the decision of the Provincial People's Committee or the City People's Committee directly under the Central Government.

The contents, requirements, timeframes, and forms of annual accounting reports and final settlement reports on completed project capital investments shall be in accordance with Circular No. 66 TC/ĐTPT dated November 2, 1996, issued by the Ministry of Finance, guiding the final settlement of capital investments.

2. The District Finance Office and the Commune Finance Board shall cooperate with the State Treasury at the district level to confirm the actual amount of capital actually disbursed and paid out for the project annually and cumulatively from the first disbursement to the last; close related accounts when the project has a decision approving the final settlement.

3. The Investment Development Authority shall be primarily responsible for reviewing final settlement reports of projects decided upon by the Provincial People's Committee for investment, the District Finance Office shall be primarily responsible for reviewing final settlement reports of projects decided upon by the District People's Committee for investment, and the Commune Finance Board shall be primarily responsible for reviewing final settlement reports of projects decided upon by the Commune People's Committee for investment to submit to the person authorized to approve the final settlement according to regulations.

4. Annually, the Finance Offices at the district and commune levels shall settle accounts regarding the state budget capital allocated for construction investment according to the provisions of the State Budget Law.

IV. INFORMATION REPORTING AND INSPECTION REGIME

1. Monthly, quarterly, and annually, the State Treasury at the district level shall report to the District Finance Office and the Commune Finance Board on the amount of state budget and other sources of capital disbursed and paid out for each project.

2. The Commune Finance Board shall report to the District Finance Office, which in turn shall report to the District People's Committee, the Department of Finance, and the Investment Development Bureau periodically and on the following indicators:

On the 5th day of each month, report on the implementation of construction investment capital in the reported month (according to Form No. 01/BC-XDCB).

On the 10th day of the first month of each quarter, report on the implementation of construction investment capital in the reported quarter (according to Form No. 02/BC-XDCB).

On January 20th, report on the implementation of construction investment capital in the reported year (according to Form No. 03/BC-XDCB). This report shall be submitted to the Provincial People's Committee or the City People's Committee directly under the Central Government.

3. People's Committees at all levels shall report regularly monthly, quarterly, and annually according to the provisions of the Investment Management Regulations and Construction and Circular No. 63 TC/ĐTPT dated November 2, 1996, issued by the Ministry of Finance.

4. Periodically and urgently, the Department of Finance and the Investment Development Bureau shall inspect the District Finance Office and the Commune Finance Board on the situation of quantity verification and payment vouchers of projects; fund disbursement operations and other issues related to fund disbursement for construction investment to promptly rectify errors and assist the District Finance Office and Commune Finance Board in fulfilling their assigned tasks effectively.

V. RESPONSIBILITIES OF RELATED AUTHORITIES

1. People's Committees at all levels:

Implement investment and construction management according to the functions delegated by the Government.

Direct the management and disbursement of construction investment funds for projects under the district and commune budgets according to current regulations and this Circular.

2. Investor:

Implement construction investment projects according to the prescribed construction procedures and assigned tasks, ensuring compliance with stipulated deadlines, quality standards, and cost-effectiveness.

Provide relevant documents and information on the implementation of construction investment plans to the District Finance Office, Commune Finance Board, and other related agencies.

Receive and utilize construction investment capital for its intended purpose, target group, economically, and efficiently, adhering to the current management system for construction investment capital.

Report regularly and settle accounts on construction investment capital according to this Circular.

3. Local financial agencies at various levels:

The Department of Finance shall be responsible for guiding districts in preparing annual and quarterly state budget estimates according to the State Budget Law; directing and guiding the District Finance Office and the Commune Finance Board to manage and disburse construction investment funds according to current regulations.

The District Finance Office and Commune Finance Board shall ensure sufficient sources of capital reserved for construction investment to disburse funds to projects according to the annual plan and quarterly expenditure levels announced, organizing the disbursement of funds to projects according to prescribed regulations.

Local financial agencies at various levels shall be accountable to the Ministry of Finance and People's Committees at all levels for the disbursement of construction investment funds and the implementation of the information reporting system according to the forms specified in this Circular.

Settle accounts on development investment capital according to the provisions of the State Budget Law.

4. The State Treasury at the district level:

Organize the work of disbursing construction investment capital according to the requirements of the District Finance Office and the Commune Finance Board.

Organize the accounting of construction investment capital implemented for each project.

Confirm the amount of capital actually disbursed and paid out for each project when settling accounts and report regularly according to this Circular.

5. The Investment Development Bureau:

Shall be accountable to the Ministry of Finance, Provincial People's Committee, and the General Bureau of Investment Development for state management of development investment capital in localities, guiding the District Finance Office and Commune Finance Board to manage and disburse construction investment funds according to this Circular and current regulations.

Guide, assist, and inspect the District Finance Office and Commune Finance Board on policies, systems, and specific operational issues in managing and disbursing construction investment funds.

Aggregate the implementation of construction investment plans in the locality and report to the Provincial People's Committee and the General Bureau of Investment Development according to regulations.

PART III
IMPLEMENTING PROVISIONS

1. This Circular shall take effect from the date of signature.

2. During the implementation process, if there are difficulties, localities and entities should promptly reflect them to the Ministry of Finance for research and supplementation or amendment./.