Circular No. 89/2009/TT-BTC amends and supplements certain points of Circular No. 28/2007/TT-BTC dated April 3, 2007, and Circular No. 133/2007/TT-BTC dated November 14, 2007, of the Ministry of Finance guiding the management, allocation, payment, and settlement of investment capital from government bond sources.

CIRCULAR

Amending and supplementing some points of Circular No. 28/2007/TT-BTC dated April 3, 2007, and Circular No. 133/2007/TT-BTC dated November 14, 2007, of the Ministry of Finance guiding the management, allocation, payment, and settlement of investment capital from government bonds.

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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 Management and Construction Regulation; Decree No. 12/2000/NĐ-CP dated May 5, 2000, and Decree No. 07/2003/NĐ-CP dated January 30, 2003, of the Government amending and supplementing certain provisions of the Investment Management and Construction Regulation; Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on Project Management for Investment Construction Works; and Decree No. 99/2007/NĐ-CP dated June 13, 2007, of the Government on the management of construction project costs.;

Pursuant to Decision No. 182/2003/QĐ-TTg dated September 5, 2003, of the Prime Minister on the issuance of government bonds for investment in important transportation and water conservancy works of the country; Decision No. 171/2006/QĐ-TTg dated July 24, 2006, of the Prime Minister on the issuance and use of government bonds during the period 2003-2010.

The Ministry of Finance amends and supplements some points of Circular No. 28/2007/TT-BTC dated April 3, 2007, and Circular No. 133/2007/TT-BTC dated November 14, 2007, of the Ministry of Finance guiding the management, allocation, payment, and settlement of investment capital from government bonds as follows:

1. Amend point 1(1.2) of Part II of the Circular No. 133/2007/TT-BTC dated November 14, 2007, as follows: as follows:

“1.2- Review of investment capital allocation:

1.2.1- After allocating investment capital from government bonds:

- Ministries send the investment capital allocation plan to the Ministry of Finance and the State Treasury (central level). The State Treasury sends the project investment capital plans of ministries to the State Treasuries at provincial levels for control and payment purposes;

- People's Committees of provinces send the investment capital allocation plan to the Ministry of Finance, simultaneously sending it to the Provincial Departments of Finance and State Treasuries (provincial level) for monitoring and control and payment purposes;

- At the same time as sending the allocation plan to the aforementioned agencies, ministries and provincial people's committees assign investment targets to project sponsors for implementation.

1.2.2- Review of investment capital allocation:

Upon receipt of the investment capital allocation plan from ministries and provincial people's committees, the State Treasury will implement the control and payment work according to regulations without waiting for the review opinion of the Ministry of Finance. In cases where projects lack necessary investment procedures, the State Treasury will not make payments.

The Ministry of Finance will provide a review opinion on the allocation plan within five working days after receiving the investment capital allocation plan from ministries and provincial people's committees (post-review). If there are projects allocated contrary to regulations, the Ministry of Finance will issue a stop-payment directive; if payments have already been made, they must be immediately recovered. Ministries and provincial people's committees are responsible for directing project sponsors whose allocations are contrary to regulations to refund the state budget for the paid capital and bear responsibility for the consequences caused by improper allocation.

For the review of government bond capital plans in the health and education sectors managed by localities, the Ministry of Finance will provide separate guidance.

2. This circular takes effect from May 1, 2009. During its implementation, if difficulties arise, units are requested to promptly report them to the Ministry of Finance for study and appropriate amendments and supplements./.