Circular 59/2014/ttlt-Btc-Bgtvt: Guidance On Currency Lodging, And Use The Revenue For The Infrastructure Mining Lease The Harbour, The Harbour Bridge Is State Capital Investment By

Original Language Title: Thông tư liên tịch 59/2014/TTLT-BTC-BGTVT: Hướng dẫn về thu, nộp và sử dụng nguồn thu cho thuê khai thác kết cấu hạ tầng bến cảng, cầu cảng được đầu tư bằng vốn nhà nước

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IT ' S A DEPARTMENT OF TRANSPORTATION.
Number: 59 /2014/TTLT-BTC-BGTVT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 9, 2014

FEDERAL INFORMATION

Manual for collection, submit and use of the texture rental source

The harbor floor, the port bridge is invested in state capital.

_____________________

Vietnam Maritime Code Base June 14, 2005;

The State Budget Law Base December 16, 2002;

The Management Law Base, which uses the state property on June 3, 2008;

Base of Protocol 21 /2012/NĐ-CP March 21, 2012 of the Government on Port Authority Management and Maritime Stream;

Base of Protocol 60 /2003/ND-CP June 6, 2003 by the Government Regulation and guidelines for the implementation of the State Budget Law;

Base of Protocol 52 /2009/NĐ-CP June 3, 2009 by the Government Regulation and guidelines enforce certain provisions of the Law of Management, using state property;

Base. Number Protocol 215 /2013/ND-CP December 23, 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Finance;

Base of Protocol 107 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Transport;

The Minister of Finance and Minister of Transport issued the Information and Procurement Guidelines for the procurement, filing and use of the procurement source for the infrastructure of the harbour infrastructure, the port of which was invested in state capital:

What? 1. The tuning range and subject apply

1. The adjustment range:

This is a revenue guide, submitted and used as a procurement source for the infrastructure of the harbour infrastructure, and the port bridge is invested in state capital.

2. Subject applies:

This information applies to agencies, organizations, domestic and foreign individuals involved in the collection, filing and use of a rental source for the infrastructure of the harbour, the port of which is invested in state capital.

What? 2. Thu, file rent on harbours infrastructure, port bridge

1. The lease for the lease of the harbour infrastructure, the port bridge is done by regulation at Article 37 Digital Protocol 21 /2012/NĐ-CP March 21, 2012 of the Government on the management of seaport and maritime flow.

2. The lease is responsible for filing a lease on the infrastructure of the harbour floor, the port bridge into the bank's account opened at the State Treasury. The method of payment is made under the lease for the extraction between the parties and must ensure the following regulations:

a) On fixed rent:

The first year of contracting the lease for the construction of the harbour infrastructure, the port bridge: the slog of 7 days from the date of the signing of the lease, the lease must submit 100% of the fixed revenues of the first year under the lease. From the 2nd year onwards, the annual lease has the responsibility to pay the rent as follows:

-Volume 1: filed 50% of the year's fixed revenues according to the slog lease on 15 January.

-2: Deliver 50% of the slog fixed rate on June 15 every year.

b) On the filing of the variable rent (in terms of the percentage of the revenue):

On 31 June the following year, the actual revenue base mined the rental property that year according to the audit results of the State Audit or Independent Audit, the lease and the lease determined the official price of the year before. At the rate of 7 days after its confirmation, the price of the previous year's transformation, the tenant submitted the entire exchange rent of the previous year into the account of the lease opened at the State Treasury.

3. The delay of 7 days from the date of receiving the rent exploitation of the harbour infrastructure, the port bridge; the rental party must submit the whole to the state budget, after citing the operating costs of the lease under the approved authorship granted authority (the school). The state budget is not guaranteed by the state budget.

4. The source of the rental income for the infrastructure of the harbour, the port of investment by the central budget administered by the central bank. The rental source exploits the dock infrastructure, the port bridge investment by the local budget.

What? 3. Slow processing of rent

1. The lease of the lease lends the lease of the harbour infrastructure, the port bridge within 6 months, the lease must submit an additional interest in interest rates issued by the State Bank at the latest time for the amount and the slow time of filing.

2. The lease for the lease is overdue for 6 months to less than 01 years, except to pay the amount of interest in this one Article, the lease must pay the additional amount of interest to the deadline for 6 months to less than 01 years at a rate of 150% interest rate. The rules are on this one.

3. The case of filing delays is too long for 1 years or more, the lease has the right to terminate the lease. The tenant is responsible for all damages (if any) due to the termination of this pre-lease contract. After 15 days from the termination of the lease, the lease will subtract the amount of rent and the amount specified in paragraph 1, paragraph 2 of this clause from the guarantee that the contract will be made by the Department of Transport.

What? 4. The lease on the port floor structure, the harbour

1. The lease of the port floor structure, the port of execution by regulation at Article 42 No. 42 21 /2012/NĐ-CP March 21, 2012 of the Government on the management of seaport and maritime flow.

2. The rental side, the lease for a portion of the port floor structure, the harbour, sent the lease to the authorities to have the authority to review, decide. The authorities are the authority to approve the rental rental and results of the rental side that exploit the harbor infrastructure, the port bridge.

3. The leadback must ensure sufficient lease conditions that exploit the port floor structure, the harbour under regulation at Article 38 Digital Protocol 21 /2012/NĐ-CP 21 March 2012 of the Government on Port Authority Management and Maritime Stream and must commit to full implementation of the lease obligations under the lease signed with the lease.

What? 5. Use the rental source for mining infrastructure, port bridge, port.

The rental income for the construction of the port floor structure, the harbour is used as follows:

1. The lease on the lease has not been secured by the state budget for annual operating expenses, which is partially quoted as part of the proceeds for the lease of the harbour infrastructure, the port bridge to spend the operating side of the lease under the granted jurisdiction. approval, including:

a) The salaries of salaries, allowable people who participate in the management activities that exploit the dock infrastructure, the port bridge (except the cost of salaries, the allowable allowable supply of the cadres, the public who benefits from the state budget according to the regulatory regime);

b) Chi for management work: Resources, water, contact information, supplies, stationing, property procurement, equipment serving management;

c) The construction of the method and organization of the tenant option; examination, the oversight of the lease implementation;

d) The summup, the preliminary, the training exercise;

Other expenses (if any).

2. After extracts the activity of the rental party at paragraph 1 This, the entire source of the lease for the exploitation of the port floor structure, the state budget pier is used for the following content (if any):

a) Pay off the loan and interest in the harbours, the port bridge is invested by the source of the loan;

b) The repair and repair of the harbor infrastructure, the port bridge (which is the rental property) is the responsibility of the rental party under the standard of maintenance, the current repairs.

In case of maintenance, repair of the harbor infrastructure, the port bridge is the rental property charged at the cost of the lease of the lease, the Department of Transportation specifically stipulated the tenant's responsibility to the task of maintaining, repairing the harbor infrastructure, The port is the property of the lease.

c) Upgrade, renovation, expansion of seaport infrastructure; construction of new harbour, planned port bridges, approved seaport development planning.

3. For the more frequent-based genus content, the current financial spending regime of the state of the genus is frequent; for the content-based genus content that follows the regulation of the law on investment, construction, and construction. rating, the state's current financial spending regime on the basis of basic building investments.

What? 6. Set, accept the bill and bar, decide

1.

a) A lease on the lease (for the docks, the port bridge has been leased), the lease (for the docks, the port bridge plans for lease in the year of planning), the agency assigned to the party ' s mandate for the lease of the rental deposit bill. Port bridge infrastructure, port (including: fixed rent, variable rent, variable rent and other revenues associated with the lease of the port floor structure, harbour; details according to the port, port bridge), the number of activities of the party ' s operating expenses. Rent, state budget.

The mission base, the approved project authority, the implementation situation of the five reports; the mission requirement of the five plans, the technical economic level and the current financial spending regime; the units assigned to the task of setting up the costs according to internal affairs. Regulation in paragraph 2, Article 5 This is in accordance with the correct regulation of state budget accounting for the regular genus (for regular-cost content), basic building investment (for the first-level content of the genus). A new building.

b) The specialized ministries are responsible for the procurement of the collection, the leasing of the dock infrastructure, the central port bridge, aggregation of the revenue bill, the Ministry's annual state budget, the Ministry of Finance, the Ministry of Planning and Investment for the sum of the report. The National Assembly is approved by the National Assembly.

The Department of Experts is responsible for the procurement of the collection, the lease of the port infrastructure, the local port bridge, the Financial Authority, the Planning and Investment Authority, and the review, aggregable, the annual budget details report. The people of the province, the provincial people, are in accordance with the regulations.

2. Transport, management, delivery and payment:

The delivery of the bill, management, delivery, payment of implementation by the regulation of the State Budget Law and the existing manual text.

3. Decision work:

a) The units that are assigned to the NSNN funding from the source of the lease for the construction of the port floor structure, the harbour is responsible for regulatory determination;

b) The review and the appraisal report determined by the current regulation for each funding source (basic building investment, regular spending).

What? 7. Check out

The Ministry of Experts, the Department of Experts in the provinces, the central-central city is responsible for coordinating with the Financial agency and the periodic examination level, which breaks out the units of the resulting execution situation, the genus from the rental source mining the infrastructure. The port floor, the harbor.

What? 8. Effect of execution and execution

1. This information has been in effect since 24 June 2014;

2. For the lease-management contracts that exploit the dock infrastructure, the port bridge is signed before this message is in effect, under the signed lease contract.

3. In the course of execution if there is an entangriation, offer ministries, industries, local, organization and individuals that reflect on time about the Ministry of Finance, Ministry of Transport for review, settlement.

KT. MINISTER OF FINANCE
Chief.

KT. SECRETARY OF TRANSPORTATION
Chief.

(signed)

(signed)

The dancer.

Nguyen Van Duc