Circular 176/2009/tt-Btc: Tutorial Mode, Lodging And Usage Management Fee Of Investment Project Appraisal Of Building

Original Language Title: Thông tư 176/2011/TT-BTC: Hướng dẫn chế độ thu, nộp và quản lý sử dụng phí thẩm định dự án đầu tư xây dựng

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CIRCULAR guide mode, lodging and usage management fee of investment project appraisal of construction _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 16/2003/QH11 on 26/11/2003;
Basing the Ordinance fees and charges;
Pursuant to Decree No. 12/2009/ND-CP on 10/02/2009 on the management of government investment project construction and Decree No. 83/2009/ND-CP on October 15, 2009 on amendments and supplements to some articles of Decree No. 12/2009/ND-CP on 10/02/2009 of Government;
Pursuant to Decree No. 02/2006/ND-CP on 05/01/2006 the Government issuing new regulations;
Pursuant to Decree No. 57/2002/ND-CP dated 3/6/2002 and Decree No. 24/2006/ND-CP dated 6/3/2006 detailing the Government's enforcement of the Ordinance on fees and charges;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant resolution No. 55/NQ-CP on December 14, 2010 of the Government on the simplification of administrative procedures in the range management functions of the building;
After the opinion of the building at no. 1527/BXD-KTXD on 12/9/2011, the Ministry of finance guidelines currency lodging and usage management, cost of investment project appraisal of construction as follows: article 1. The scope of application of the investment project evaluation of construction works include the content of the provisions of article 11, Decree No. 12/2009/ND-CP on 10/2/2009 on the management of government investment project construction.
Cost evaluation of construction investment projects applied for the project construction works specified in Appendix I attached to Decree No. 12/2009/ND-CP on 10/2/2009 on the management of government investment project construction and the Decree No. 02/2006/ND-CP on 05/01/2006 the Government issuing new regulations.
Article 2. Fee payers must file charges of investment project appraisal of construction is the investor of the project construction works specified in Decree No. 83/2009/ND-CP on 15/10/2009 and no. 12/2009/ND-CP on 10/02/2009 on the management of government investment project construction; Decree No. 02/2006/ND-CP on 05/01/2006 the Government issuing new regulations.
Article 3. The level of currency 1. Determine the amount of charge appraisal of construction investment projects must fall: a) determining the amount of charge appraisal of construction investment projects had to be approved and the total investment income, namely:-the investment project appraisal Fee build = total investment approved x income group case works worth between about the value works recorded on the Expression level of currency, the investment appraisal fees shall be calculated by the method of interpolation as follows: Nit = Nib-{Nib Kenya x (Git-Gib)}-Gib which is Nit due diligence fee + for the first group i according to the scale value (unit:%). + Git is the scale value of project team i need to charge the investment appraisal (unit : value).
+ Is the scale value on the scale necessary charge value assessment (measured value).
+ Gib is the scale value approach under the scale necessary charge value assessment (measured value).
+ Assessment fee for the group is the Nia project i respectively (unit:%). + Nib is project group for appraisal fee i respectively Gib (unit:%).
In which the level of currency according to the total investment of the project is regulated at the level of fee Schedule attached to this circular.
b) Of investment project appraisal fee build receivable in respect of a project is determined according to the instructions in point a, the clause but is maximum control as follows: Cost valuation of construction investment projects are collected must not exceed 150,000,000 (A hundred and fifty million) contract/project.
Special cases, the Ministry of construction has the scheme recommended the Finance Ministry to consider, decide the amount of charge appraisal of construction investment projects are collected for each specific project.
c) Of charge appraisal of investment projects for the construction of new urban areas are determined according to the instructions in point a of this paragraph, in which the total investment approved as a base computer costs do not include the cost of clearance compensation, resettlement and assistance has been approved in the project.
d) Cost evaluation of technical-economic reports (investment project appraisal fee built with small scale) for capital works budget is determined according to the instructions in point a, clause.
2. for the investment project stipulates must be competent State agencies, but the State agency did not qualify that evaluation to hire experts, consultant appraisal, the cost of hiring expert, consultant appraisal made in accordance with the Ministry of construction. In this case, only State agencies charge a fee equal to 50% (fifty percent) level of the respective fee prescribed in Schedule salary attached to this circular.
Article 4. Organize currency lodging, and use management 1. The agency costs of investment project appraisal of construction are responsible for registration, Declaration, filing charges on the State budget according to the regulations of the Ministry of finance in circular No. 63/2002/TT-BTC on 24/7/2002 and circular No. 45/2006/TT-BTC dated 25/5/2006 amending, supplementing circular 63/2002/TT-BTC on 24/7/2002 of the Ministry of Finance shall guide the implementation of the regulation the law on fees and charges.
2. for projects using the State budget: the State Agency has the authority to appraise the project investment of construction project evaluation fee money investing are leaving 65% on the amount of fee appraisal is obtained and transferred to the participating agency comments on the basic design of 25% on the amount due diligence fee collected and 10% lodging on a budget-House the water.
As for the other projects (not using the State budget): The self organization of investment decisions the evaluation of investment decision filed charges 25% of investment project appraisal of building for participating agency comments on the basic design.
The case of the project to include many types of works, the State Management Agency chaired join comments on design responsibility to allocate 25% of investment project appraisal of construction for the agencies involved comments on the basic design.
The State Agency has the authority to appraise investment projects of construction and participating agency comments on the basic design is left to the cost for the work and the Organization of the evaluation fee according to the following:-payment for direct personal work , services and costs: salaries, wages, allowances, wage prescribed contributions calculated on the salary (medical insurance, social insurance and labour costs), excluding the cost of salaries for staff, public servants were paid from the State budget according to the prescribed regimes;
-Direct service costs for the implementation of the work, services and costs such as stationery, Office supplies, telecommunications, electricity, water, the cost (travel expenses, accommodation, rent money stay) according to current norms, standards;
-Frequent repairs, major repairs of the property, machinery, and equipment directly to perform the work, services and costs; depreciation of fixed assets to do the job, the service fee.
-Stores of supplies, material and other expenses directly related to the performance of work, services and costs;
-Reward, benefits for staff, employees perform the work, services and costs in units according to the normal rules a year, a person must not exceed 3 (three) months carry if the currency this year is higher than the previous year and a maximum of 2 (two) months of salary is made if the number of currency this year is lower than or equal to the previous year , after making sure the costs listed on article 5. Implementation: 1. This circular is effective from 01/02/2011. Replace circular No. 109/2000/TT-BTC dated 13/11/2000 of the Ministry of finance guidelines currency lodging, and use investment appraisal fees.
2. Other content related to the collection, filing, management, use, certificate from the currency; public mode, file charges of investment project appraisal of construction works not specified in this circular are performed according to the guidance in circular No. 63/2002/TT-BTC on 24/7/2002 and circular No. 45/2006/TT-BTC dated 25/5/2006 amending, supplementing circular 63/2002/TT-BTC on 24/7/2002 of the Ministry of Finance shall guide the implementation of the legal provisions on fees and charges; Circular No 60/2007/TT-BTC dated 14/6/2007 and circular No. 157/2009/TT-BTC on 06/8/2009 amending, supplementing circular No 60/2007/TT-BTC dated 14/6/2007 of the Ministry of Finance shall guide the implementation of some articles of the law on tax administration and guiding the implementation of Decree No. 88/2007/ND-CP dated 25/5/2007 detailing the Government's implementation of some articles of the law governing the tax management.
3. organizations and individuals subject to file charges and related agencies responsible for the implementation of this circular. In the process of implementing, if there are obstacles, suggest the Organization, timely reflection about personal finance to consider the instructions./.