Circular No. 84/2011/TT-BTC guiding certain financial policies to encourage enterprises to invest in agriculture and rural areas pursuant to Government Decree No. 61/2010/NĐ-CP dated June 4, 2010.

CIRCULAR

Guidelines for certain financial policies encouraging enterprises to invest in agriculture and rural areas pursuant to Decree

 number 61/2010/NĐ-CP dated June 4, 2010 of the Government

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Pursuant to Decree number 61/2010/NĐ-CP dated June 4, 2010 of the Government on policies encouraging enterprises to invest in agriculture and rural areas;

Based on Decree No. 56/2009/NĐ-CP dated June 30, 2009 of the Government on assistance for the development of small and medium-sized enterprises;

Pursuant to Decree number 118/2008/NĐ-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

 The Ministry of Finance hereby issues guidelines for certain financial policies encouraging enterprises to invest in agriculture and rural areas as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Scope of Regulation

This Circular provides guidelines for certain financial policies encouraging enterprises to invest in agriculture and rural areas pursuant to Decree number 61/2010/NĐ-CP dated June 4, 2010 of the Government.

Article 2. Applicability

Enterprises established and registered to operate in accordance with Vietnamese law that have projects meeting the conditions specified in Article 4 of Decree number 61/2010/NĐ-CP dated June 4, 2010 of the Government on policies encouraging enterprises to invest in agriculture and rural areas.

Article 3. Sources of funds for implementing policies encouraging enterprises to invest in agriculture and rural areas pursuant to Decree number 61/2010/NĐ-CP dated June 4, 2010 of the Government

The sources of funds for implementing policies encouraging enterprises to invest in agriculture and rural areas pursuant to Decree number 61/2010/NĐ-CP dated June 4, 2010 of the Government shall be guaranteed by local budgets.

Specifically, the funding for applying science and technology as stipulated in Article 12 of Decree number 61/2010/NĐ-CP dated June 4, 2010 of the Government shall be supported from the National Science and Technology Development Fund.

II. CONTENT OF LAND INCENTIVES

Article 4. Principles for implementing land incentives as provided in Chapter II of Decree number 61/2010/NĐ-CP:

1. The area of land leased by households and individuals as stipulated in Article 7 of Decree number 61/2010/NĐ-CP must be lawful land according to the provisions of the Land Law.

2. Investors with special preferential investment projects, preferential investment projects, and encouraged investment projects in agriculture as stipulated in Article 3 of Decree number 61/2010/NĐ-CP shall enjoy land incentives as provided in Chapter II of Decree number 61/2010/NĐ-CP.

3. Land incentives shall not be applied in cases where land use rights are auctioned for allocating land with payment for land use or for leasing land and water surfaces.

4. Exemption and reduction of land use fees, land lease fees, and water surface lease fees as stipulated in Chapter II of Decree number 61/2010/NĐ-CP shall only be directly implemented with the beneficiaries and calculated based on the amount of land use fees, land lease fees, and water surface lease fees payable.

5. In cases where investors are permitted by competent authorities to transfer special preferential investment projects, preferential investment projects, and encouraged investment projects in agriculture to other investors to continue implementing the investment project without changing the content and location of the project, the transferee investor shall continue to inherit land incentives according to the approved project as stipulated in Chapter II of Decree number 61/2010/NĐ-CP.

6. In cases where investors are entitled to both exemption and reduction of land use fees, land lease fees, and water surface lease fees or are entitled to multiple levels of reduction of land use fees, land lease fees, and water surface lease fees as stipulated in Decree number 61/2010/NĐ-CP or related legal regulations, they shall enjoy the highest level of incentives.

7. Investors who are leased land or water surfaces by the State and are entitled to exemption and reduction of land lease fees and water surface lease fees as stipulated in Article 6 of Decree number 61/2010/NĐ-CP shall have their land lease fees determined and exempted or reduced as if the land were allocated with the same purpose of use and duration as stipulated in Article 5 of Decree number 61/2010/NĐ-CP.

8. The completion date for construction and operation commencement of the project as stipulated in Articles 6 and 7 of Decree number 61/2010/NĐ-CP is the completion date according to the project approved by the competent authority.

- If the actual completion date of construction is earlier than the approved date, it shall be calculated based on the actual date.

- If the actual completion date of construction is later than the approved date, it shall be calculated based on the approved date.

- If the project has several independent construction items or phases, the completion date of construction shall be calculated separately for each item or phase. If separate calculation is not possible, the completion time shall be calculated based on the construction item with the largest capital proportion.

Article 5. Exemption and reduction of land rent and water surface rent by the State as stipulated in Clause 1 and Clause 5, Article 6, Chapter II of Decree No. 61/2010/NĐ-CP

1. Investors with preferential investment agricultural projects and encouraged investment agricultural projects, if renting land and water surface from the State, shall pay land rent at the lowest single rental rate (as a percentage) prescribed by the People's Committee of the province in accordance with the provisions of Government Decree No. 121/2010/NĐ-CP dated December 30, 2010, amending and supplementing certain Articles of Government Decree No. 142/2005/NĐ-CP dated November 14, 2005 on land rent and water surface rent collection.

2. The area of land for building collective housing for workers, land for planting greenery, and land for public welfare services that is determined to be exempt from land rent is the area approved by the People's Committee of the province for each project. When implementing the sale or lease of housing to workers, investors shall not include the cost of land rent that has been exempted in the selling price or leasing price of the housing.

Article 6. Support for land rent and water surface rent for households and individuals as stipulated in Article 7 of Decree No. 61/2010/NĐ-CP

1. Land rent and water surface rent supported by the State for the first five years according to the provisions of Clause 1, Article 7 of Government Decree No. 61/2010/NĐ-CP shall be determined by the People's Committee of the province in accordance with the provisions of Clause 1, Article 6 of Decree No. 61/2010/NĐ-CP and shall be provided in one lump sum immediately upon completion of basic construction by the investor.

2. Documents for requesting support for land and water surface rental fees include:

- Request letter for support of land rent and water surface rent;

- Certified copy of the Certificate confirming preferential treatment and additional investment support for enterprises investing in agriculture and rural areas under Government Decree No. 61/2010/NĐ-CP dated June 4, 2010;

- Special preferential investment agricultural project approved by competent authority;

- Land and water surface lease contract between the investor and households or individuals to implement the aforementioned investment project (certified by the People's Committee of the commune where the lease contract was signed);

- Certified copy of the Business Registration Certificate consistent with the approved project;

- Completion acceptance record of the basic construction investment project put into operation confirmed by the approving authority;

3. Investors with special preferential investment agricultural projects eligible for support of land rent and water surface rent for households and individuals as stipulated in Article 7 of Decree No. 61/2010/NĐ-CP shall submit one set of documents directly (or via postal service) to the Department of Finance. Within forty-five working days from the date of receipt of complete valid documents (as evidenced by the received letter stamp), the Department of Finance will review the documents and present them to the People's Committee of the province for a decision on support. Within ten working days from the date of the provincial committee’s decision, the Department of Finance (or State Treasury) will disburse the support funds to the beneficiaries.

Article 7. Exemption and reduction of land use fee when changing land use purpose as stipulated in Article 8 of Decree No. 61/2010/NĐ-CP

The area of land exempted or reduced from land use fees when changing land use purpose within the planning approved by authorized state agencies for implementation of special preferential investment agricultural projects and preferential investment agricultural projects as stipulated in Article 8 of Government Decree No. 61/2010/NĐ-CP is the area of land changed in use for the approved project.

Article 8. The procedures for exemption and reduction of land use fees and lease fees for water surfaces as prescribed in Chapter II of Decree No. 61/2010/ND-CP.

The exemption and reduction of land use fees or lease fees for water surfaces as prescribed in Chapter II of Decree No. 61/2010/ND-CP of the Government shall be implemented according to the procedures for exemption and reduction of land use fees or lease fees for water surfaces as stipulated in the laws on collection of land use fees or lease fees for water surfaces.

Article 9. Land investment incentives for projects that have been initiated before the effective date of Decree No. 61/2010/ND-CP of the Government.

Investors with investment projects meeting the conditions prescribed in Article 3 of Decree No. 61/2010/ND-CP who have commenced implementation of their projects prior to the effective date of this Decree shall:

1. In cases where investors are granted state-owned land with payment of land use fees, land leases, or water surface leases paid in full for the entire lease period and have already been assessed and notified by tax authorities regarding land use fees, lease fees for water surfaces, and land investment incentives under the law before the effective date of Decree No. 61/2010/ND-CP, they shall continue to implement those provisions.

2. In cases where investors are granted state-owned land with payment of land use fees, land leases, or water surface leases paid in full for the entire lease period to carry out their projects but have not yet been assessed and notified by tax authorities regarding land use fees, lease fees for water surfaces, they shall enjoy land investment incentives as prescribed in Chapter II of Decree No. 61/2010/ND-CP of the Government when calculating land use fees and lease fees for water surfaces.

Determination of the amount of land use fees and lease fees exempted or reduced for the remaining incentive period and the amount of land use fees and lease fees still payable to the State budget shall be carried out according to the policy and land prices at the time when the competent authority issues a decision or adjusts the investment incentive level in accordance with the law on investment.

3. In cases where investors are granted state-owned land leases or water surface leases paid annually to carry out their projects and are entitled to higher exemptions or reductions in lease fees for water surfaces than those prescribed in Decree No. 61/2010/ND-CP, they shall continue to enjoy such incentives for the remaining period; if the incentives are lower than those prescribed in Decree No. 61/2010/ND-CP, they shall enjoy the incentives as prescribed in this Decree for the remaining period of incentives. The State will not refund any amounts previously paid by investors to implement their projects.

III. CONTENT OF INVESTMENT SUPPORT

Article 10. Principles for Implementing Investment Support

Enterprises with investment projects in agriculture and rural areas as prescribed in Articles 3 and 4 of Decree No. 61/2010/ND-CP shall annually receive support from the State budget for training human resources, market development, consulting services, application of science and technology, and transportation fees as prescribed in Articles 9, 10, 11, 12, and 13 of Decree No. 61/2010/ND-CP in the form of post-investment support (after enterprises have completed these activities and submitted final settlement documents as required).

Enterprises with investment projects in agriculture and rural areas eligible for financial support as prescribed in Decree No. 61/2010/ND-CP must prepare budgets, register settlement times, and submit complete settlement documents as prescribed in this Circular.

Article 11. Training support for human resources as prescribed in Article 9 of Decree No. 61/2010/NĐ-CP

1. Contents of training support funding:

a) For vocational training at provincial vocational training centers: The costs for vocational training for workers in one class include the following items:

- Enrollment, opening, closing ceremonies, issuance of vocational certificates;

- Costs for purchasing textbooks, teaching materials, learning materials;

- Completion and recompilation of curricula and teaching materials (if necessary);

- Remuneration paid to teachers and vocational instructors (in accordance with Decision No. 1956/QĐ-TTg dated November 27, 2009 of the Prime Minister approving the Vocational Training Program for Rural Workers until 2020);

- Support for raw materials, fuels, and other materials for vocational training;

- Depreciation expenses for fixed assets serving the class;

- Management costs for the class not exceeding 5% of the total funding for the class.

b) For vocational training for workers at enterprises: The costs for vocational training for workers at enterprises include the following items:

- Costs for purchasing textbooks, teaching materials, learning materials;

- Completion and recompilation of curricula and teaching materials (if necessary);

- Remuneration for teachers and vocational instructors (in accordance with Decision No. 1956/QĐ-TTg dated November 27, 2009 of the Prime Minister approving the Vocational Training Program for Rural Workers until 2020);

- Support for raw materials, fuels, and other materials for vocational training, settled based on actual invoices.

2. Levels of vocational training support for workers in enterprises:

As specified in Article 9 of Decree No. 61/2010/NĐ-CP, it is detailed as follows:

a) Very small enterprises with special investment incentive projects in agriculture, investment incentive projects in agriculture, and encouraged investment projects in agriculture shall be supported by the State budget with 100% of domestic vocational training costs;

b) Small enterprises with special investment incentive projects in agriculture, investment incentive projects in agriculture, and encouraged investment projects in agriculture shall be supported by the State budget with 70% of domestic vocational training costs;

c) Medium-sized enterprises with special investment incentive projects in agriculture, investment incentive projects in agriculture, and encouraged investment projects in agriculture shall be supported by the State budget with 50% of domestic vocational training costs.

3. Conditions for State budget support:

- Each worker can only be trained a maximum of once per year, and the supported training period does not exceed six months, determined by the Department of Labor, Invalids, and Social Affairs based on the vocational training list registered by the enterprise.

- Criteria for very small enterprises, small enterprises, and medium-sized enterprises: implemented according to the provisions of Government Decree No. 56/2009/NĐ-CP dated June 30, 2009 on assistance for the development of small and medium-sized enterprises.

4. Documents for requesting training support for human resources include:

- A letter requesting financial support for training human resources;

- A certified copy of the certificate confirming investment incentives and additional support for enterprises investing in agriculture and rural areas under Government Decree No. 61/2010/NĐ-CP dated June 4, 2010 (to be submitted once);

- The vocational training plan for workers of the enterprise, clearly stating the total number of workers, the number of workers to be trained, the remaining number needing training, and the approved training method;

- Contracts signed with training institutions; Contract termination records; Payment transfer receipts. In cases of on-site training, a list and signatures of the trained workers must be provided;

- Relevant documents and invoices related to the training costs of the enterprise.

5. Enterprises (vocational training institutions) shall prepare one (01) set of documents in accordance with Clause 4 of this Article and submit them directly (or via postal service) to the Department of Finance. The Department of Finance will cooperate with the Department of Labor, Invalids, and Social Affairs to review the documents. Within forty-five working days from the date of receipt of all documents (as evidenced by the receipt stamp), the Department of Finance shall notify acceptance of support, the level of support, or rejection of support. Within ten working days from the date of signing the notification, the Department of Finance shall make payment to the enterprise (training institution).

Article 12. Support for developing markets and consulting services as prescribed in Articles 10 and 11 of Decree No. 61/2010/NĐ-CP

1. The subjects eligible for support for developing markets and consulting services:

Enterprises with special preferential investment projects in agriculture, preferential investment projects in agriculture, and encouraged investment projects in agriculture according to the provisions of Government Decree No. 61/2010/NĐ-CP dated June 4, 2010 on policies to encourage investment in agriculture and rural areas.

2. Contents of support for developing markets and consulting services:

a) Advertising costs for enterprises and products on mass media in the province or city where the enterprise invests, the advertising cost being controlled according to the reasonable and legitimate expense regulations stipulated in the Law on Corporate Income Tax and its guiding documents;

b) Exhibition and fair fees within the country;

c) Fees for accessing market information and service prices from state trade promotion agencies;

d) Actual expenses for hiring investment consulting, management consulting, market research consulting, legal consulting, intellectual property consulting, scientific research consulting, technology transfer consulting, and advanced quality management system application consulting, but not exceeding the limits set by competent authorities.

3. Level of support:

a) The state budget supports seventy percent (70%) for micro and small enterprises, and fifty percent (50%) for medium enterprises for the contents prescribed at Point a and Point b, Clause 2 of this Article.

b) Micro and small enterprises are exempted, while medium enterprises have their costs reduced by fifty percent (50%) for the contents prescribed at Point c, Clause 2 of this Article.

c) The state budget supports fifty percent (50%) for micro and small enterprises, and thirty percent (30%) for medium enterprises for the contents prescribed at Point d, Clause 2 of this Article.

4. Documents for support for developing markets and consulting services as prescribed in Articles 10 and 11 of Decree No. 61/2010/NĐ-CP include:

a) For support for consulting service fees:

- A letter requesting support for consulting service fees (including fees for investment consulting, management consulting, market research consulting, legal consulting, intellectual property consulting, scientific research consulting, technology transfer consulting, and advanced quality management system application consulting);

- A certified copy of the certificate confirming investment incentives and additional support for enterprises investing in agriculture and rural areas under Government Decree No. 61/2010/NĐ-CP dated June 4, 2010 (to be submitted once);

- Contract, acceptance record, and termination record of the consulting service contract;

- Bank transfer receipt or payment voucher of the enterprise for consulting services;

- Relevant documents related to consulting service fees.

b) For support for advertising costs:

- A letter requesting support for advertising costs;

- Certified copy of the Certificate of Investment Incentives and Additional Support for Enterprises Investing in Agriculture and Rural Areas according to Government Decree No. 61/2010/NĐ-CP dated June 4, 2010 (to be submitted for the first time);

- Contract signed between the enterprise and the advertising agency; acceptance record and termination record of the contract; (relevant receipts, invoices, bank transfer receipts of the investor to the advertising agency);

- Relevant documents related to advertising activities.

c) Fees for accessing market information and service prices from state trade promotion agencies:

- A letter requesting support for fees for accessing market information and service prices from state trade promotion agencies;

- Certified copy of the Certificate of Investment Incentives and Additional Support for Enterprises Investing in Agriculture and Rural Areas according to Government Decree No. 61/2010/NĐ-CP dated June 4, 2010 (to be submitted for the first time);

- Contract signed, acceptance record, and termination record of the contract between the enterprise and the unit providing fees for accessing market information and service prices from state trade promotion agencies; valid invoices and receipts for participation in domestic exhibitions and fairs;

- Relevant documents related to fees for accessing market information and service prices from state trade promotion agencies.

In cases where micro and small enterprises are exempted from fees, the enterprise only needs to submit a letter requesting market information and price service provision along with a certified copy and confirmation of incentives from the trade promotion agency when seeking support for accessing market information.

d) For support for domestic exhibition and fair fees:

- A letter requesting support for domestic exhibition and fair fees;

- Certified copy of the Certificate of Investment Incentives and Additional Support for Enterprises Investing in Agriculture and Rural Areas according to Government Decree No. 61/2010/NĐ-CP dated June 4, 2010;

- Contract signed, acceptance record, and termination record of the contract between the enterprise and the unit organizing domestic exhibitions and fairs; valid invoices and receipts for participation in domestic exhibitions and fairs;

- Relevant documents related to domestic exhibitions and fairs.

If an enterprise qualifies for more than two types of support mentioned above, it only needs to prepare one set of documents clearly stating each type of support along with relevant supporting documents.

5. Investors with agricultural projects eligible for support for developing markets and consulting services as prescribed in Articles 10 and 11 of Decree No. 61/2010/NĐ-CP shall submit one set of documents directly (or through postal service) to the Department of Finance. Within forty-five working days from the date of receiving complete and valid documents (as evidenced by the receipt stamp), the Department of Finance will review the documents and submit them to the Provincial People's Committee for a decision on support. Within ten working days from the date of the Provincial People's Committee's decision, the Department of Finance (or State Treasury) will implement the payment of support funds to the supported entity.

Article 13. Support for the application of science and technology as prescribed in Article 12 of Decree No. 61/2010/NĐ-CP

1. The objects eligible for support from the National Science and Technology Development Fund are enterprises with special preferential investment projects in agriculture, preferential investment projects in agriculture, and encouraged investment projects in agriculture, as defined in Decree No. 61/2010/NĐ-CP dated June 4, 2010 of the Government on policies to encourage investment in agriculture and rural areas.

2. Content and level of support:

a) Supporting fifty percent of the funding to implement research topics that create new technologies led by enterprises aimed at implementing the project;

b) Supporting thirty percent of the total new investment funding to implement pilot production projects approved by competent authorities (excluding existing equipment and factories from the total funding amount).

3. Conditions for receiving financial support: the procedures for providing support, managing and using, settling accounts for budgetary funds supporting implementation shall be carried out in accordance with the provisions of Decree No. 122/2003/NĐ-CP dated October 22, 2003 of the Government on the establishment of the National Science and Technology Development Fund; Decree No. 61/2010/NĐ-CP dated June 4, 2010 of the Government on policies to encourage enterprises to invest in agriculture and rural areas; Circular Joint No. 129/2007/TTLT/BTC-BKHCN dated November 2, 2007 of the Ministry of Finance and the Ministry of Science and Technology guiding the financial management system for the National Science and Technology Development Fund; and regulations on sponsorship issued by the National Science and Technology Development Fund.

4. Documents for financial support for applying technology:

- A letter requesting financial support for applying technology;

- Certified copy of the Certificate of Investment Incentives and Additional Support for Enterprises Investing in Agriculture and Rural Areas according to Government Decree No. 61/2010/NĐ-CP dated June 4, 2010 (to be submitted for the first time);

- Final settlement reports on the implementation of scientific research topics, final settlement reports on investment implementation of pilot production projects approved by competent authorities;

- Relevant documents related to support and application of technology according to the regulations of the National Science and Technology Development Fund.

Article 14. Support for transportation fees as prescribed in Article 13 of Decree No. 61/2010/NĐ-CP

1. The object eligible for support is an enterprise with a special preferential investment project in agriculture as stipulated in Clause 3, Article 3 of Decree No. 61/2010/NĐ-CP dated June 4, 2010 of the Government on policies to encourage investment in agriculture and rural areas.

2. Conditions for receiving transportation fee support:

Enterprises have products as goods consumed domestically from special preferential investment projects in agriculture, transported from the place of production to the place of consumption if the distance from the place of production to the place of consumption is 100 kilometers or more.

3. Level of support:

Supporting fifty percent of actual transportation fees, but not exceeding five hundred million dong per enterprise per year.

4. Documents for transportation fee support include:

- A letter requesting transportation fee support from the enterprise;

- Certified copy of the Certificate of Investment Incentives and Additional Support for Enterprises Investing in Agriculture and Rural Areas according to Government Decree No. 61/2010/NĐ-CP dated June 4, 2010;

- Transportation contracts, acceptance certificates, settlement certificates of transportation contracts, invoices for transportation charges (value-added tax invoices);

In cases where enterprises transport goods themselves, they must annually register the form of self-transportation and the number of self-transportation vehicles with the specialized management department when submitting the application for support.

Annual payment request documents must be confirmed by local authorities where the enterprise organizes production and business activities regarding the implementation of self-transportation. Enterprises and local authorities must bear responsibility for the accuracy and honesty of the registered and confirmed contents.

- A list of goods sold in the year with confirmation from the buyer about the quantity of goods received;

- Relevant documents and materials related to the request for transportation fee support.

5. Investors with agricultural projects eligible for transportation fee support as prescribed in Article 13 of Decree No. 61/2010/NĐ-CP shall submit one set of documents directly (or through postal service) to the Department of Finance. Within forty-five working days from the date of receipt of complete valid documents (as evidenced by the receipt stamp), the Department of Finance will review and submit to the People's Committee of the province for a decision on support. Within ten working days from the date of the provincial People's Committee's decision, the Department of Finance (or State Treasury) will implement the payment of support funds to the supported entity.

Article 15: Preparation of budget estimates, final accounts, accounting, and disbursement of annual support funds

1. Preparation of budget estimates

a) Enterprises that are eligible for support under Decree No. 61/2010/NĐ-CP dated June 4, 2010, of the Government, if they have a need for support, shall base their financial requirements on their business plans for the planning year and submit these requirements according to each support content specified in Decree No. 61/2010/NĐ-CP dated June 4, 2010, to the Department of Finance before June 30 each year.

b) Based on the enterprises' support fund requirements for the planning year, the Department of Finance shall be responsible for leading and coordinating with the Department of Labor, Invalids and Social Affairs (for human resource training support content), the Department of Planning and Investment, the Department of Agriculture and Rural Development, the Department of Industry and Trade, and the Department of Transport (for market development, consulting services, and transportation fees support content) to review each support content and compile the enterprises' support fund requirements.

Based on the provisions of the State Budget Law and guiding documents, and considering the socio-economic characteristics of each locality, the People's Committee of the province shall instruct the Department of Finance to lead and coordinate with relevant departments and agencies to prepare the state budget estimate for support together with the local budget estimate for the year, and report it to the People's Committee of the province for submission to the People's Council at the same level for consideration and decision.

2. Implementation of payment

a) Before July 15 of the planning year (for support needs arising from June 30 of the planning year and earlier) and before January 15 of the following year (for support needs arising from July 1 to December 31 of the planning year), enterprises shall prepare and submit support request documents in accordance with this Circular to the Department of Finance.

In cases where enterprises implement projects with two (02) or more support items as stipulated in Decree No. 61/2010/NĐ-CP dated June 4, 2010, of the Government, they only need to prepare one (01) application document including all support items and submit it to the Department of Finance for payment.

b) Based on the approved budget estimate, the Department of Finance shall lead and coordinate with the departments and agencies specified in Point b Clause 1 of this Article to review the application documents, determine the amount of budget support funds, and submit them for approval by the People's Committee of the province and then provide support to the enterprises.

3. Accounting and finalizing the support fund amounts according to Decree No. 61/2010/NĐ-CP dated June 4, 2010, of the Government shall be carried out in accordance with the State Budget Law, the Corporate Income Tax Law, and guiding documents.

IV. IMPLEMENTATION

Article 16. Implementation Organization

1. The provincial People's Committee is responsible for directing the Department of Finance and specialized agencies to supervise the implementation of projects within the province, and inspect the management and use of support funds in accordance with the law.

In cases where improper support payments are discovered, a record shall be made, a decision to recover the funds shall be issued, and appropriate measures shall be taken in accordance with current regulations.

2. Annually, the provincial People's Committee shall report on the implementation of support fund amounts according to Decree No. 61/2010/NĐ-CP dated June 4, 2010, of the Government to the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Agriculture and Rural Development for consolidation and reporting to the Government no later than March 31.

Article 17. Effective Date

1. This Circular takes effect from August 1, 2011.

2. During the implementation period, if there are difficulties or obstacles, ministries, sectors, provincial People's Committees, centrally-administered municipal People's Committees, and enterprises are requested to reflect these issues to the Ministry of Finance for research and appropriate amendments and supplements./.