Directive 14/ct-Ttg Dated: On Strengthening Investment Management And Handle Basic Building Standing Debt From Government Excessive Resources, Government Bonds

Original Language Title: Chỉ thị 14/CT-TTg: Về tăng cường quản lý đầu tư và xử lý nợ đọng xây dựng cơ bản từ nguồn NSNN, trái phiếu Chính phủ

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DIRECTIVE on strengthening investment management and handle basic building standing debt from State budget sources, government bonds _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ implementation of the resolutions of the National Assembly, the Government and the direction of the Prime Minister, in the past, the industry level there have been many attempts in reinforcing the management again restructuring of investment from the State budget and Government bonds in the direction of focus performance, diminishing the status of debt buildup in the construction. However, the approval status is still much too balanced capability project capital, leading to capital allocation, extend the time of construction, causing waste losses, ... The basic construction of the biggest debt not yet processed thoroughly.
The reality on the has and adverse public debt safety and sustainable economic growth. In the year 2013 and the next year, the situation of the State budget revenue predictions of continued difficulties, investment capital from the State budget and Government bonds can hardly meet the needs of investment to complete the unfinished project of the ministries, local.
To ensure the nation's financial security, improve investment efficiency of State budget funds and Government bonds, the Prime Minister asked the Ministers, heads of ministerial agencies, government agencies, other agencies in the Central Government, the Chairman of people's Committee of the province, central cities , Chairman of the Board of Directors of economic corporations, State corporations continue to steer and implement strictly the provisions of Directive No. 1792/CT-TTg dated 15 December 2010 of the Prime Minister on strengthening the management of capital investment from the State budget and capital Government bonds , Directive No. 27/CT-TTg dated 10 October 2012 about the solutions overcome the debt buildup of the basic construction in the locality; at the same time, focusing on implementing the tasks, the following solution: i. TIGHTLY CONTROLLED SETTING, appraisal, APPROVAL of INVESTMENT PROJECTS USING STATE BUDGET FUNDS and GOVERNMENT BONDS 1. About the duties of ministries, sectors and localities a) rectify and enhance the accountability of the agencies, appraisal, approval of investment projects in the authority. For new projects, the responsible authority to closely control the scope, the scale of each investment project in accordance with the objectives, the field, the programme was approved; only approved investment decisions when clearly sources of capital and capital balances capability in each level of the budget. For the project was the Ministry of planning and investment appraisals, only approved capital investment decisions of the central budget according to stake the right level of capital has been appraised.
b) the adjustment increase the total investment of the project is unfinished has delivered the State budget capital plan and capital Government bonds follow the following regulations:-for the approved project investment decision or approval of investment decisions to adjust before Decree No. 83/2009/ND-CP on October 15, 2009 by the Government on this page supplementing a number of articles of Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction of effect execution: scrutinize the investment content match likely balance of resources within the budget's management level.
-For the approved project investment decisions or adjust the investment decision after Decree No. 83/2009/ND-CP effective implementation: reviewing the investment content, cut costs, not necessarily on the principle still ensuring the goal of the project investment efficiency, to reduce investment costs, guaranteed not to exceed total investment approved. After applying the solution on, if the project still had to adjust to increase total investment from other causes due to fluctuations in prices of raw materials, fuel,; salary policy and the cost of clearance; on the basis of sort order implement the project, the Authority decided to invest considering the decision to stop the project does not guarantee the effectiveness of investment, yet real urgency to focus capital for urgent projects and higher efficiency. Within the scope of the budget balance level, who have the authority to review investment decisions, decide to adjust the project.
-Adjusting the project to ensure the efficiency of investments, investment goals, the ability to balance the resources and the ability to complete the project on schedule.
-Clarify the cause, the liability of the Organization, individuals in the preparation, appraisal, approval of investment projects, leading to the increase in the total investment of the project is not in the case are allowed to adjust according to the regulations.
-Is responsible for the layout of the local budget and mobilize other sources of capital to carry out projects for the adjustments increase total investment compared to the initial investment decision or investment decisions to adjust the provisions of the decisions of the Prime Minister's plan.
c) for those projects can convert forms of investment in the spirit of Directive No. 1792/CT-TTg dated 15 December 2010 Chancellor's Government: Authority decided to invest your organization the investment content and approval of the project according to the current rules for compliance with the provisions of the law with regard to new forms of investment.
d) strengthen monitoring, inspection, checking on the projects, due diligence, investment project assessment.
2. Ministry of planning and investment, in coordination with the ministries concerned: a) the control and strict evaluation of total capital level and capital projects to be deployed from the source to the central budget. For new projects, only the layout of the central budget for the approval of project investment decision under capital levels were the Ministry of planning and investment appraisals.
b) guide the commissioned organisation for local evaluation of resources and balance of capital for projects that use the central budget funds was the prime delivery plan capital plan until 2013, but has required adjustments increase total investment. The central budget support only capital levels according to the rate specified in decision No. 60/2009/QD-TTg on September 30, 2010 the Prime Minister according to the total investment of the initial or the total investment under the investment provisions of decisions the decisions of the Prime Minister's plan.
c) the guide assigned for local evaluation organization funding the projects using government bond funds adjust to increase total investment compared to the investment decision specified in the decisions of the plan which the Government bonds of the Prime period of 2012-2015. The project has been the prime delivery plan which government bonds the period 2012-2015 capital plan implementation has delivered.
d) guide the ministries and localities for the balanced local budget funds or mobilize other sources of capital to make the adjustment for the increase in the total investment of the project is the investment from the central budget and Government bonds listed on , including the project was the Ministry of planning and investment appraisals for capital with the adjusted total investment increases prior to promulgation of this directive.
DD) hosted, in cooperation with the Ministry of finance, the proposal with the Prime solution for projects approved before investment decisions issued Directive No. 1792/CT-TTg dated 15 September 2011, although no increase in total investment, with support from the central budget but at present it is difficult the layout enough support from the central budget.
II. STRENGTHENING The MANAGEMENT To REDUCE DEBT LINGERING MAXIMUM CONSTRUCTION 1. The ministries and the local: a) reported debt situation form the basic construction to cease on June 30, 2013 and debt handling solutions form in time to send the Ministry of planning and investment, the Ministry of finance to General, reported the Prime Minister.
b) check out the point, clearly define the responsibilities of each level, each agency (tied with personal responsibility) in the standing debt incurred to build in times past. At the same time, have to balance the resources in order to handle standing debt status final construction.
c) The project has been to make investment decisions according to the level of a capital plan has delivered.
d) does not require application-business capital project when not deployed, which leads to consequences arising form the basic construction debt.
DD) organization only choose contractors for bids has deployed capital. For the package has completed and put into service delivery, organization and settlement in accordance with the contract signed under the provisions of article 58 and article 59 of the law on tenders, avoid bad debt form, constitute the capital of the contractor.
e) set up and adjust plans according to schedule, the allocated capital plans of each project in accordance with the provisions of article 6, paragraph 3, and bidding Law article 10 of Decree 85/2009/ND-CP on 10/15/2009 of the Government Procurement Law Enforcement Guide and selection of building contractor under the construction Law.
g) not use the loans to local budget layout for the new projects when not yet identified or appraised are to return the funds.
2. Ministry of planning and investment to host, in cooperation with the Ministry of Finance: a) guide the ministries, branches and localities handle end points standing debt condition construction.
b) annual recurring debt situation report form construction and General synthesis process of Prime, which clarify the responsibility, individuals for ministries, sectors and localities to cause arising form the basic construction debt.
c) Not the layout of the central budget, including: funding the annual plan, the following year plans advance, the central budget reserve and the other central budget funds for the new projects not yet assessed liabilities; approval of the improper investment decision under capital source evaluation documents of the Ministry of planning and investment and the project forward to adjust the total investment under the regulation in detail b, c, point 2, section I above.
III. IMPLEMENTATION

1. Ministers, heads of ministerial agencies, government agencies and other agencies in the Central Government, the provincial people's Committee Chairman, central cities, Chairman of the economic group, members of the company State the base functions, tasks and phững specified in this directive the Organization urgently, implemented to ensure debt does not arise form the basic building, effective use of capital budget and capital Government bonds.
3. inspection bodies: a) intensify the bar, check out the creation, evaluation, approval and allocation, using State budget funds, government bonds; in particular, focus check approval, adjust the total investment, debt capital construction investment, especially the projects with the level of change total investment.
b) the Organization publicized the conclusions, inspectors check; taken seriously the work of tracking, the urge, to check the implementation of the conclusions, inspectors checked by legal provisions; the proposal with the Government handle patent infringement on management, use of capital budget capital development and State Government bonds.
3. Ministry of planning and investment is responsible for guiding, monitoring, implementation and periodic urge 6, reported the Prime situation for implementing this directive.