Joint Circular No. 90/2015/TTLT-BTC-BKHĐT guiding the financial management mechanism for investment promotion activities

MINISTRY OF FINANCE - MINISTRY OF PLANNING AND INVESTMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: 90/2015/TTLT-BTC-BKHĐT	Hanoi, June 15, 2015

JOINT CIRCULAR

GUIDELINES FOR THE FINANCIAL MANAGEMENT MECHANISM FOR INVESTMENT PROMOTION ACTIVITIES

On the basis of Government Decree No. Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;

On the basis of Government Decree No. Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government on functions, tasks, powers and responsibilities; structure organization Implementing Resolution No. 35/NQ-CP dated May 16, 2016

On the basis of Government Decree No. Decree No. 116/2008/NĐ-CP dated November 14, 2008 of the Government on functions, tasks, powers and organizational structure; organization of the Minister of Planning and Investment;

On the basis of Decision No. Decision No. 26/2012/QĐ-TTg dated June 8, 2012 of the Prime Minister of the Government promulgating the Regulation on the development and implementation of the National Investment Promotion Program;

On the basis of Decision No. Decision No. 03/2014/QĐ-TTg dated January 14, 2014 of the Prime Minister promulgating the Regulation on state management of investment promotion activities; for .

Minister of Ministry of FinanceThe Minister of Planning and Investment issues this Circular to guide the financial management mechanism for investment promotion activities as follows: , Management, Utilization, and Settlement .

PART I. GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the financial management mechanism for investment promotion activities stipulated in the Regulation on state management of investment promotion activities promulgated together with Decision No. 03/2014/QĐ-TTg dated January 14, 2014 of the Prime Minister, including:

a) Investment promotion activities under the programs of high-level delegations of Party and State leaders.

b) Investment promotion activities of Ministries, ministerial-level agencies, agencies under the Government, of the National Assembly; provincial people's committees (provincial-level People's Committees), management boards of industrial zones, high-tech zones, export processing zones, economic zones, border economic zones (management boards).

2. Financial mechanism for for activities under the National Investment Promotion Program shall be implemented in accordance with Circular No. 31/2013/TT-BTC dated March 18, 2013 of the Ministry of Finance guiding the financial management mechanism for the National Investment Promotion Program.

Article 2. Applicability

1. Units organizing and implementing investment promotion activities include: Ministries, ministerial-level agencies, agencies under the Government; Provincial-level People's Committees; Management Boards; organizations and individuals assigned by competent state authorities to implement investment promotion activities using state budget funds.

2. Units participating in investment promotion activities: agencies, enterprises, business associations, industry associations.

3. Other organizations and individuals related to the organization and implementation of investment promotion activities.

Article 3. Sources of funding for investment promotion activities

1. Investment promotion expenses of Ministries, ministerial-level agencies, and agencies under the Government are allocated in the annual budget estimates of these Ministries and sectors. 2. Investment promotion

expenses of provincial-level People's Committees are allocated in the annual budget estimates of localities. a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP. of of the National Assembly; 3. Expenses for investment promotion activities of management boards are allocated in the annual budget estimates and from legitimate sources of income of the management boards.

4. In addition, units implementing investment promotion activities are permitted to raise funds from contributions and sponsorships of organizations, associations, enterprises, and investors in accordance with the provisions of the law.

Article 4. Principles of expenditure management

1. Funds supported from the state budget to implement investment promotion activities within approved investment promotion programs must be used for their intended purposes, effectively, in accordance with current standards and expenditure regulations and the levels of expenditure for program contents as prescribed in this Circular.

2. For expenditure items without guidance on regulations, based on contracts,

expense vouchers and actual expenditures that are reasonable and lawful according to the law, the main unit must be responsible for expenditure decisions as well as the accuracy and honesty of the amounts expended and accompanying vouchers. issued 3. For expenditure items required to be tendered, the provisions of the Law on Bidding and guiding documents for the Law on Bidding shall apply.

4. The state budget allocates funds for investment promotion activities of Ministries, ministerial-level agencies, agencies under the Government, provincial-level People's Committees, management boards, and organizations and individuals assigned by competent state authorities to implement investment promotion activities. Other entities participating in investment promotion activities must cover their own expenses.

5. Social resource mobilization must ensure transparency, clarity, compliance with approved plans and programs, conformity with legal provisions, and balance harmonious interests of society and relevant parties.

Sponsorship funds from organizations and enterprises, funds raised from legitimate sources, and sideline revenues from investment promotion activities must be fully reflected in the final accounts of the program and deducted from state budget support funds. If the raised funds exceed the actual expenses of investment promotion activities in a year, they may be used for the investment promotion program of the following year.

The sponsorship funds from organizations and enterprises, funds raised from legitimate sources, and revenues generated from peripheral activities of investment promotion must be fully reflected in the final accounts of the program and deducted from the budget support funds. In cases where the raised funds exceed the actual implementation costs of the investment promotion activities in a year, such excess funds may be utilized for the investment promotion program of the following year.

PART II. CONTENT AND SUPPORT LEVELS

Article 5. Contents of State Budget Support:

1. Research, evaluation of potential, market, trends, and investment partners:

a) Collecting information, conducting research, compiling proposals and reports: Supporting costs for collecting materials, writing special topics, and reports.

b) Organizing domestic and foreign survey and research teams:

- For domestic survey and research teams: Supporting travel expenses for officials, civil servants, and employees organizing and participating in the survey and research.

- For foreign survey and research teams:

Supporting travel expenses for officials, civil servants, and employees organizing the research team. For participating units, supporting travel expenses for 1 official, civil servant, or employee per participating unit. In urgent cases for investment promotion, ministries, sectors, and provincial people's committees decide on the number of participants but not exceeding 2 officials, civil servants, or employees per participating unit.

c) Organizing forums, conferences, seminars domestically and internationally:

- Supporting costs for renting conference halls, equipment, decoration, printing and photocopying materials, translation, refreshments during breaks, office supplies, and meals for delegates according to regulations.

- For domestic conferences and seminars: Supporting travel expenses for officials, civil servants, and employees of the organizing and participating units.

- For international conferences and seminars: Supporting travel expenses for officials, civil servants, and employees of the organizing units. For participating units, supporting travel expenses for 1 official, civil servant, or employee per participating unit. In urgent cases for publicity and investment promotion, ministries, sectors, PEOPLE'S COMMITTEE provincial authorities decide on the number of participants at international conferences and seminars but not exceeding 2 officials, civil servants, or employees per participating unit.

2. Building databases to serve investment promotion activities:

- Supporting costs for collecting and systematizing data on investment environment, laws, policies, procedures, potential, opportunities, and investment partners;

- Supporting costs for building and operating an online information portal on laws, policies, procedures, environment, potential, investment opportunities, and partners. a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP..

3. Building a list of investment projects:

a) Costs for collecting and compiling materials;

b) Translation costs for materials;

c) Consulting, design, printing, and detailed project content construction costs within the list of projects;

d) Survey and investigation costs;

đ) Meeting organization costs: Renting conference halls, equipment, decoration, water, office supply costs.

4. Building publications and materials to serve investment promotion activities:

a) Guidebooks, brochures: Supporting costs for writing articles, editing, designing, printing, and distributing.

For the list of investment projects and detailed project content within the call for investment: Supporting printing and distribution costs (the cost of building the list of investment projects is supported as stipulated in Clause 3, Section 1, Article 5).

b) Comprehensive research and specialized topic research materials: Supporting costs for collecting materials, writing research articles, and specialized topics.

c) Special topics, articles, magazines, radio programs, television programs, advertisements to be published on domestic and international mass media: Supporting costs for writing articles, program development, broadcasting, and publication on media platforms.

d) Gifts and souvenirs: Supporting costs for designing, producing gifts, purchasing, and transporting gifts to partners according to regulations.

5. Publicity, promotion, and introduction activities about the investment environment, policies, potential, opportunities, and investment connections:

a) Organizing and participating in domestic and international conferences, seminars, forums, roundtables: Support contents as specified in Point c, Clause 1 of this Article.

b) Organizing and participating in investment promotion trade fairs: Supporting costs for organizing trade fairs including rental fees for national booth space (including electricity, water, decoration, design, and necessary materials), printing costs for promotional materials (if any), and transportation costs for promotional materials and items to the location point organization, office expenses In this Circular, the following terms are understood as follows:, promotional costs for organizing trade fairs, event organization company rental fees, travel allowances for civil servants, public officials, and employees involved in organizing or participating in the program.

, promotional costs for organizing the fair, hiring event organizing companies, travel expenses for officials, civil servants, and employees organizing or participating in the program.

c) Organizing and participating in meetings and encounters with agencies, organizations, businesses, and investors; Organizing and participating in investment promotion delegations based on specific topics or partners:

- Supporting domestic and international travel expenses for officials, civil servants, and employees involved;

- Supporting costs for venue rental, equipment, decoration, materials, translation, refreshments during breaks, office supplies (when Vietnam is the organizing party).

d) Implementing publicity and promotion programs on domestic and international mass media, commissioning domestic and international media outlets to write articles, produce news features in newspapers, radio, television, online portals, and promotional films for the investment environment in Vietnam under full-package contracts;

đ) Other forms of publicity and promotion.

6. Training, capacity building for investment promotion:issued Supporting costs: renting conference halls; equipment; decoration; printing and photocopying costs; translation; refreshments during breaks; lecturer fees; office supply costs; certification course costs; communication costs for organizing classes; travel expenses for officials, civil servants, and employees organizing or participating in training.

7. Supporting organizations, enterprises, and investors in understanding laws, policies, procedures, market potential, partners, and investment opportunities, implementing projects after obtaining investment certificates, including:

a) Provide information on economic and social conditions, investment situations; planning and development plans for the economy and society, industries, regions, laws, mechanisms, policies, potentials, markets, trends, and investment partners when requested by businesses and investors;

b) Guide investment procedures;

c) Guide and hỗ trợ assist businesses and investors to resolve difficulties during the implementation of investment projects;

d) Receive, compile, and submit to competent authorities for resolution proposals and recommendations from businesses and investors.

8. Carry out domestic and international cooperation activities related to investment promotion.

Article 6. Budgetary Support Standards

The state budget supports funds for investment promotion activities according to the expenditure items specified in Article 5 of this Circular and approved by authorized bodies at reasonable actual expenditure levels but not exceeding current expenditure standards applicable to administrative state agencies and public service units. Specifically as follows:

1. Conference, seminar expenses, and travel allowances for domestic travel by staff as decided by the implementing agency; approving remediation and environmental recovery plans or remediation and environmental recovery plans implement investment promotion tasks in accordance with Circular No. 97/2010/TT-BTC dated July 6, 2010, issued by the Ministry of Finance, which stipulates travel allowance regulations and expenditure standards for conferences for state agencies and public service units. organization 2. Payment of travel allowances for staff traveling abroad to participate in investment promotion activities as prescribed in Circular No. 102/2012/TT-BTC dated June 21, 2012, issued by the Ministry of Finance, which stipulates travel allowance regulations for civil servants and employees of the State traveling abroad for short-term assignments funded by the state budget.

3. Expenses for hosting foreign guests,

international conferences, and seminars on investment promotion as prescribed in Circular No. 01/2010/TT-BTC dated January 6, 2010, issued by the Ministry of Finance, which stipulates expense regulations for hosting foreign guests visiting Vietnam for work, expenses for international conferences and seminars held in Vietnam, and expenses for hosting guests within the country. organization 4. Organizing training courses to enhance capacity and skills in investment promotion for state management agencies, organization entities operating in the field of attracting investment, and businesses in accordance with Circular No. 139/2010/TT-BTC dated September 21, 2010, issued by the Ministry of Finance, which stipulates the preparation of budgets, management, and utilization of funds from the state budget for training and upgrading civil servants and employees.

5. Research and construction of project proposals to assess potential, market, trend, and investment partner situations in accordance with Circular No. 44/2007/TTLT-BTC-BKHCN dated May 7, 2007, jointly issued by the Ministry of Finance and the Ministry of Science and Technology, guiding expenditure standards for the establishment and allocation of budget estimates for scientific and technological projects using state budget funds. organization 6. Operating an electronic information website on laws, policies, procedures

, environment, potential, investment opportunities, and investment partners: implemented in accordance with Circular No. 194/2012/TT-BTC dated November 15, 2012, issued by the Ministry of Finance, guiding expenditure levels for creating electronic information to maintain the regular operation of agencies and units funded by the state budget, and Circular No. 19/2012/TTLT-BTC-BKHĐT-BTTTT dated February 15, 2012, jointly issued by the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Information and Communications, regarding guidance on managing and utilizing funds for the National Program on the Application of Information Technology in state agency operations.

7. For expenditure items without specific guidelines, special nature expenses such as information dissemination activities through mass media both domestically and internationally; publishing publications, books, and materials; film production costs; promotional costs; organizing events, translation services abroad..., investment promotion units must conduct competitive bidding or tendering in accordance with the Bidding Law and its guiding documents. a) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP., potential environment, investment opportunities, investor partners: to be implemented in accordance with Circular No. 194/2012/TT-BTC dated November 15, 2012, issued by the Ministry of Finance, guiding the expenditure levels for creating electronic information to maintain the regular operations of state agencies and units using state budget funds, and Circular No. 19/2012/TTLT-BTC-BKHĐT-BTTTT dated February 15, 2012, jointly issued by the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Information and Communications on managing and utilizing funds for the National Program on Information Technology Application in State Agencies.Public Key Cryptography Standard (PKCS#1) in the activities of state agencies.

7. For expenditure items without established guidelines, special natured expenditures such as information dissemination and publicity through domestic and foreign mass media; publication of publications, books, and materials; film production costs; advertising costs; event organization costs, translation services abroad..., entities implementing investment promotion activities must conduct competitive bidding or tendering in accordance with the Bidding Law and its guiding documents.

PART III. PROVISIONS ON THE PREPARATION OF BUDGET ESTIMATES, ALLOCATION OF BUDGET ESTIMATES, ADVANCE PAYMENTS, SETTLEMENT AND FINAL ACCOUNTING FOR EXPENSES IN IMPLEMENTING PROMOTION AND INVESTMENT INSPECTION ACTIVITIES

Article 7. Preparation and Allocation of Budget Estimates

1. For investment promotion activities of Ministries, ministerial-level agencies, and agencies under the Government:

Ministries, ministerial-level agencies, government agencies REGULAR the budget estimate for implementing investment promotion activities shall be included in the annual state budget plan of the Ministry, ministerial-level agency, or agency under the Government and submitted to the Ministry of Finance.

Based on the state budget's balancing capacity, and the written opinion on the unified implementation of investment promotion activities from the Ministry of Planning and Investment, the Ministry of Finance shall report to the National Assembly for consideration and approval, and allocate within the annual budget expenditure estimates of the Ministries, ministerial-level agencies, and agencies under the Government to implement investment promotion activities according to the Government's assignment.

The Ministries, ministerial-level agencies, and agencies under the Government shall base their detailed budget allocation for subordinate units implementing investment promotion activities on the budget estimate assigned by the Ministry of Finance.

2. For investment promotion activities of provincial People's Committees, industrial park management boards, high-tech zones, export processing zones, economic zones, and border economic zones:

Based on the written opinion on the unified implementation of investment promotion activities from the Ministry of Planning and Investment, the provincial People's Committee shall allocate tasks and funds for units implementing investment promotion activities based on the local state budget's balancing capacity. The budget for investment promotion activities is included in the annual local state budget estimate.

3. For unexpected investment promotion activities arising from the Party and State's work programs: The Ministry Planning of Planning and Investment shall be responsible for implementing, preparing the budget estimate, proposing the funding, and submitting it to the Ministry of Finance for presentation to the Prime Minister for consideration and decision in accordance with the provisions of the State Budget Law.

Article 8. Procedures for Advance Payments and Settlement technical construction costs;

Ministries, ministerial-level agencies, agencies under the Government, and provincial People's Committees shall implement advance payments and settlement of expenses through the withdrawal of budget estimates at the State Treasury in accordance with Circular No. 161/2012/TT-BTC dated October 2, 2012, issued by the Ministry of Finance, which stipulates the control and payment system for state budget expenditures through the State Treasury. The State Treasury shall ensure the proper use of investment promotion funds in accordance with the purpose, regulations, and provisions set forth in this Circular.

Article 9. Reporting System

1. By no later than January 31 of the following year, Ministries and provincial People's Committees shall submit reports on the implementation and use of allocated funds for investment promotion activities, including final accounting, to the Ministry of Planning and Investment (in the form specified in Appendix 01).

2. The Planning and Investment shall compile the situation of investment promotion activity funding implementation for the year (in the form specified in Appendix 02) and evaluate the effectiveness of investment promotion activity funding usage, and submit it to the Ministry of Finance before March 31 each year.

Article 10. Inspection and Supervision

1. Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and management boards shall be responsible for supervising subordinate units implementing investment promotion activities and participating units.

2. Ministries, ministerial-level agencies, agencies under the Government, provincial People's Committees, and management boards shall have the responsibility to provide complete documentation and be subject to inspection, audit, and supervision of the use of state funds provided by management agencies according to their functional regulations.

3. In cases where funds need to be recovered due to inspections by competent authorities, units tasked with implementing investment promotion activities shall have the obligation to repay the state budget and report the results to the Ministry of Finance in accordance with the law.

PART IV. IMPLEMENTATION ORGANIZATION

Article 11. Effective Date

1. This Circular takes effect from August 1, 2015.

2. In the course of implementation, if there are difficulties or obstacles, the relevant ministries, ministerial-level agencies, provincial People's Committees, management boards, and related units are requested to report to the Ministry of Finance and the Ministry of Planning and Investment for coordination and guidance. Planning and Investment to coordinate and study guidance./.

DEPUTY MINISTER MINISTRY OF PLANNING AND INVESTMENT DEPUTY MINISTER Nguyen Van Trung

DEPUTY MINISTER MINISTRY OF FINANCE DEPUTY MINISTER Tran Van Hieu

Place of Receipt: - Central Committee Secretariat; - Prime Minister; Deputy Prime Ministers; - National Assembly Office, President's Office; Government Office - The Party Central Committee Office and its Departments; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; Central Steering Committee Office for Anti-Corruption; - The People's Committee national financial supervision; - Ministries, ministerial-level agencies; - Provincial People's Councils, City People's Committees directly under the Central Government; - Ministry of Justice's Legal Documents Inspection Department; - Official Gazette; - Government website; - Ministry of Finance website; Ministry of Planning and Investment website; - Relevant units of of the Ministry of Finance; Ministry of Planning and Investment; - To be filed: VT of the Ministry of Finance (State Capital Management Department), Ministry of Planning and Investment (Foreign Investment Department)

APPENDIX 01

(Adopted together with Joint Circular No. 90/2015/TTLT-BTC-BKHĐT)

UNIT: …

REPORT ON THE IMPLEMENTATION AND USE OF PROMOTION FUNDS FOR INVESTMENT IN YEAR...

I. CONTENT OF THE REPORT

1. Number of investment promotion activities approved:

2. Number of investment promotion activities implemented:

3. Implementation situation:

- Content of investment promotion activities:

- Location of implementation:

- Coordination with related agencies and organizations to organize investment promotion activities:

- Implementation results:

4. Comments/Recommendations

- Advantages:

- Difficulties and limitations:

- Recommendations and proposals (if any):

II. SUMMARY OF FUNDS USED FOR INVESTMENT PROMOTION ACTIVITIES IN YEAR...

Unit of measurement: VND

Serial Number	Content	Budget estimate allocated by the State budget	Implementation costs			Remarks
			Value-added tax and other taxes (as applicable)	State budget support	Mobilization of contributions and sponsorships
(1)	(2)	(3)	(4)= (5)+(6)	(5)	(6)	(7)
1	Activities on researching, evaluating potential, markets, trends, and investment partners
1.1
1.2
...
2	Activities on building databases to serve investment promotion
2.1
2.2
...
3	Building a list of projects for investment solicitation
3.1
3.2
...
4	Building publications and materials to serve investment promotion activities
4.1
4.2
...
5	Activities on promoting and introducing the investment environment, policies, potential, opportunities, and connections
5.1
5.2
...
6	Training and capacity enhancement activities for investment promotion
6.1
6.2
...
7	Other investment promotion activities
7.1
7.2
…
	TOTAL

(GENERAL) MANAGER (Signature, full name)

..., day...month...year... HEAD OF THE UNIT (Signature, full name, stamp)

APPENDIX 02

(Adopted together with Joint Circular No. 90/2015/TTLT-BTC-BKHĐT)

MINISTRY OF PLANNING AND INVESTMENT

SUMMARY OF FUNDS USED FOR INVESTMENT PROMOTION ACTIVITIES IN YEAR...

Serial Number	Agency or Unit	Total number of activities	State budget allocation funds	Funding implement	State budget support	Mobilization of contributions and sponsorships	Remarks
(1)	(2)	(3)	(4)	(5)= (6)+(7)	(6)	(7)	(8)
A-	Ministries, ministerial-level agencies
1
2
...
B-	PEOPLE'S COMMITTEE provincial level
1
2
…
C-	Industrial Park Management Board
1
2
...
	Total

(GENERAL) MANAGER (Signature, full name)

HEAD OF THE UNIT (Signature, full name, stamp of the agency)