CIRCULAR on management rules, use the cost of preparing project and funding activities of competent State agencies in the project management process; some of the financial targets of the project contract; conditions and method of payment for the investors of the project in the form of construction contract-transfer; settlement value of projects implemented in the form of construction contract-business-transfer, build-transfer-business, build-transfer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the State budget pursuant to the law No. 2/2002/QH11 on 16/12/2002;
Pursuant to Decree No. 108/2009/ND-CP on November 27, 2009 by the Government on investment in the form of construction contract-business-transfer (BOT), build-transfer-business (BTO), build-transfer (BT); Decree No. 24/2010/ND-CP on 5/4/2011 the Government's amendments and supplements to some articles of Decree No. 108/2009/ND-CP on November 27, 2009 on investment in the form of contracts of BOT, BTO, BT;
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;
The Ministry of finance instructed a number of content related to the process of implementation of the project in the form of contracts of BOT, BTO, BT as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guides a number of content related to the process of implementation of the project in the form of contracts of BOT, BTO, BT include: 1. The management and use of project preparation costs and funding activities of State bodies competent in the process management of BOT projects , BTO, BT is regulated in Decree No. 108/2009/ND-CP on November 27, 2009 by the Government;
2. Some of the financial targets of the project contract follow the form of the contract of BOT, BTO, BT (hereinafter referred to as the contract of the project);
3. Terms and method of payment for the investors of the project BT;
4. value of settlement projects implemented in the form of contracts of BOT, BTO, BT. Article 2. Object apply to investors, the State Agency has the authority to sign and perform contracts of the project, the agencies, organizations, individuals and enterprises related to the implementation of the project according to the regulations of the State concerned and the provisions of this circular.
Chapter II management, USING COSTS of PREPARING PROJECT and FUNDING ACTIVITIES of COMPETENT STATE AUTHORITIES article 3. Funding for the activities of the competent State bodies: 1. Source of State budget balance in regular annual spending plans of the ministries, the provincial people's Committee for State management of activities of State bodies have the authority to deploy the BOT project , BTO, BT. 2. Balance State budget sources in genera development investment plans of the ministries, the provincial people's Committee for the costs related to the preparation, execution of the project: establishment of evaluation report, feasibility study or project proposal, prepared in other projects , set the bid and tender for the project has held investor selection bidding, evaluation, quality inspection, supervision and other genera.
3. the competent State agencies established departments or specified professional body affiliated to the implementation of the rights and obligations prescribed in the contract; at the same time responsible for arranging funding to departments or professional bodies exercise their rights and obligations.
Article 4. Genus content, currency of the competent State agencies spend on content, currency of the competent State organs in the process of managing investment projects implementation of BOT, BTO, BT and to perform the other duties include: 1. The content of the genus serve state management tasks : a) the genus founded and published the directory of the project.
b) spent on buying Office supplies.
c) contact information.
d) Chi conferences, seminars, negotiations.
DD) operate for the interdisciplinary work group and the cost of hiring labor, rental, expert in case of need.
2. Content of the genus project preparation, project implementation management: a) the genus Advisory reporting rental feasibility study project or proposed project (if any) including costs related to the preparation of other projects; bidding and selection of investors.
b) expenses of bidding organization selected investors. The case of revenues from the sale of the bid, the cost for this work was made from tender sale revenues under the provisions of the State.
c) Genus quality works irregularly and before delivery according to the provisions of the contract.
d) for inspection, supervision.
3. Content of the currency of the competent State agencies a) Currency from costs of preparing project by the investor are payment options (if available).
b) revenue from sale of bid.
c) other Income (if any).
Article 5. Establishment, approval and delivery estimates for the activities of State bodies have the authority to: 1. The base estimate: a) the project list was approved by the authorized or proposed project list was granted additional approval authority to make.
b) plan to deploy the projects to be approved by the authority.
c) policies, standards, modes and norms by the competent State Agency regulations.
2. principles of estimating: a) The content of the genus has been specified in the genus genus construction investment, appraisal report of feasibility study of the project or proposed project (if any), other project preparation, establishment of the bid, the quality of works: the estimate made according to the regulations of the State in the establishment of estimation of investment expenditure build.
b) The content of the genus serve state management duties of competent State agencies in the task of regularly on the activities of the State organs to follow state regulations regarding estimating regular expenditure from the State budget.
3. Establishment and estimation: a) annually, based on time estimating the State budget according to the provisions of the law on the State budget, the State Agency has the authority to make spending estimate the tasks referred to in paragraph 1, paragraph 2 article 4 this circular, General synthesis of estimating the Agency's annual budget his unit, according to each type of funding the approval authority.
b) approving the annual budget estimates of State bodies are competent to perform according to the current rules of the State for each source of capital.
c) budgeting: Interface after estimating the budget year are approved by the authority, heads of unit are responsible for allocating and assigning funding sources estimation of activity of bodies of State authority according to the principle of ensuring departments or professional bodies use policy mode, the funds to exercise their rights and obligations. Genus estimation after approval, sent a copy to the State Treasury where the competent State agencies open account transactions to control, payment.
d) in the process of implementing the estimation was browsing if there arises due to the addition of the external project categories have been approved by the authority, the State Agency has the authority to conduct the approved supplementary estimates adjustment in accordance to perform the work.
Article 6. Management, payment management, payment of the cost of servicing activities of the State bodies are competent to be executed according to the current rules of the State of management, payment of capital development of State budget and management, regular payment on the activity of the State bodies.
Article 7. Handling of the revenues the State Agency has the authority to the whole of the revenues generated in the year of the competent State bodies including the revenue costs of preparing project by the investor are payment options (if available), proceeds from the sale of residual tender (after expenses of investment organizations under the rules) be submitted to the home budget the water.
Article 8. Settlement 1. Ending the year plan, ministries, provincial people's Committee to implement the use of settlement which the State budget for the management of the implementation of the project on BOT, BTO, BT according to regulations of the State; at the same time finalizing the investment costs by the competent State agencies perform.
2. For projects implemented in the form of BTO, BT contract, when the project is complete, put to use console, the competent State agencies of the investment costs by the competent State agencies make annual settlement has been on finalizing the project completed as stipulated by the Ministry of finance.
Article 9. Check the management and use of funds every year, periodic or irregular, the ministries, the provincial people's Committee, the financial authority granted the Organization examined the management used the costs for these activities are the responsibility of the competent State organs in the process of implementing the management of BOT projects , BTO, BT in its management scope to timely detect and handle the violations in the course of the management of the body concerned.
Chapter III a of the FINANCIAL TARGETS of the PROJECT CONTRACT article 10. The equity of your home to invest 1. Investors should ensure the equity ratio of the business project on the total investment of the project according to the provisions of article 5 of Decree 108/2009/ND-CP of the Government to join the project.
2. The equity of the business project is the equity investor's capital contribution commitments under the Charter of the business project. Equity investors are determined on the basis of financial reports the latest year of investors has been the independent auditors audit.
3. The case at the same time that investors at the same time made many different projects to ensure the total equity to meet for all the projects according to the rate specified.
4. Investors are committed and responsible before the law for the accuracy, legality of the data, documents related to equity, portfolio of projects are made, the equity allocation for projects are made up to the time of contract negotiation project.
Article 11. Capital of investors
1. To implement the project, beyond source of equity as stipulated in Decree No. 108/2009/ND-CP of the Government, investors, project business was legitimate capital mobilization to implement the contract. This is the mobilization of capital investments to implement the project as of the time of contract negotiations have been investors and providers of capital commitment or agreement in writing.
2. Investors, the business of raising capital projects must fit in with the progress recorded in the investment project contracts and financing reports with the competent State agencies signed the project according to the regulations.
3. The norms of capital mobilization of investors: a) The mobilization of resources (which often, credit credit capital incentives, foreign loans, other sources of capital).
b) Total capital level, the level of mobilization of resources.
c) borrowed time, charged, including: grace period.
d the loan interest rate, interest rate) loans on average in the case of the loan sources.
DD) Council loan and payment rates.
e) conditions to ensure the mobilization of resources.
f) other necessary expenses related to capital sources: cost guarantee, commitment fees, credit insurance, broker (if any).
Article 12. Interest in capital mobilization of investments 1. Interest to mobilize investment capital of investors in the construction time is calculated in the total cost of the project. Maximum loan interest rate calculation period not exceeding the time contract construction, is calculated according to the level of commitment and mobilization of loan resources according to the contract, but the maximum loan of investors is determined by the ratio of capital to mobilize outside equity portion according to the provisions of article 5 of Decree 108/2009/ND-CP of the Government.
2. Interest of mobilizing private capital investor is applied only for the investor capital to lenders to project investment BOT, BTO, BT; do not charge interest for the equity investors must take as prescribed.
3. loan interest rates financing on investment identified in the case: a) case of tender selection of investors: loan interest rate for the capital of investors is determined on the basis of the results of the tender bid for investors.
b) specified investors case contract negotiations: reasonable borrowing interest rates are determined through negotiations between the competent State authorities and investors. Competent State agencies responsible for the loan interest rate.
c) To determine the reasonable interest rate applied to the project, the competent State Agency is responsible for referencing the following bases:-medium term loan interest rate of the same period an average of at least 3 independent credit institutions not related to local private investors.
-Reasonable loan interest rate be determined must not exceed 1.3 times the interest rate Government bonds, the longest term at the time closest to the time of contract negotiations.
Article 13. The profit of investments 1. Tender cases selected investors, investor's profit is determined through contractor selection result for investors.
2. where the specified bid: Investor's profit was estimated on the basis of the feasibility study report of the project is determined according to the principle of ensuring the effective norms of the project and the results of negotiations between the competent State authorities and investors. The competent State authorities have a responsibility to refer to the average profit level of enterprises doing business in the respective fields, the profits of the same project with the project area market and profitability of the industry, other sectors to consider the calculation of reasonable profit levels proposed in the feasibility study report.
3. separate the case specify the project follow the form of the BT contract was the State creates conditions for investors of other projects to recover capital and profits, the profit of investors identified in the results of the project. The establishment, implementation of projects comply with the regulations on the management of investment projects and the current building.
Article 14. Other financial indicators in addition to the above mentioned financial targets, the State Agency has the authority may prescribe more of the other necessary financial targets but must ensure the investment activities are most effective. Other financial indicators such as: the coefficient on capital, debt receivable, payable, capital conservation measures implemented in accordance with the current legislation.
Chapter IV CONDITIONS and METHOD of PAYMENT for the INVESTORS of the PROJECT BT article 15. Payment conditions the project follow the BT 1. The projects implemented in the form of the BT contract must be completed, construction, delivery in accordance with the commitments given in the project contract.
2. Payment conditions are specified in the project contract. The competent State Agency can pay for investors once or many times the value of the contract but project time of first payment is made after the BT works completed, testing and delivery; the value times the minimum final payment equal to 15% of the contract value of projects.
3. in case the contract billing multiple times BT report project contracts must be approved before final payment.
4. The plan of investment capital to pay for the project implementation in the form of the BT contract of the State bodies are competent to decide on the layout planning of the annual investment of competent State agencies to pay for cases payment in cash.
Article 16. BT contract payment 1. Payment profile project business must send to the control body the base documents payment of the project (as the primary or original and only sent once until the end unless there are additions, adjustments) include: a) the decision of the authority on the implementation of the project according to the BT contract; on the choice of the investor in the form of tender, tender specified; decide the form of payment in money or in other projects.
b) the decision of the authority on the delivery of projects, approved by the decision of the value of other projects for payment by other projects.
c) project contract between the competent State authorities and investors.
d) company BT thereon complete, delivered.
2. The payment of the monetary project contract a) records the payment proposal by cash after the project is complete, the console: BT-BT company thereon complete, delivery schedule committed in the project contract.
-Minutes of mass valuation arising out of the contract is the competent State agencies approved (if available).
-Recommend payment of the competent State bodies: the value of the contract payment proposal; the value of work incurred (if any); the value of the payment proposal.
-Report the contract project completion.
-Audit report report completed projects contract.
-Approval of the contract settlement complete project was approved by the authority.
b payment case) many times:-BT company thereon complete, delivery schedule committed in the project contract.
-Minutes of mass valuation arising out of the contract is the competent State agencies approved (if available).
-Suggest the payment of authorized State agencies.
-The case of the last payment, the billing records added BT works-settlement report is approved by the authority, report the contract project completion.
c) method of payment:-after completing the BT project contract, the competent State agencies paid to investors, the business project the entire value of the contract was signed and the account arising out of the contract (if any). Case of payment as many times, progress payments made according to the commitments in the contract project. Times the minimum final payment equal to 15% of the contract value to be paid after the finalization of the contract be approved.
-Within 7 days from the date of the application in accordance with the competent State agencies, the State Treasury pursuant to the terms of payment in the contract, check and make payment once or many times the payment according to the conditions of payment, payment value is recommended. The competent State Agency is responsible for the accuracy, legality of the contract payment value projects, the quality of project delivery. The State Treasury is not responsible for this content.
3. Contract payment using other projects: BT a) payment: guidelines-principle: According to the provisions in paragraph 3 article 2 of Decree 108/2009/ND-CP on November 27, 2009, after the Government's building projects of BT, investors transferred that work for the State, the competent State agencies paid by investors for the project. The payment is made according to the following rules: + payments are made through the principle of compensation between the value of the project and other projects worth BT is the competent State bodies delivered to investors.
+ The value of other projects to be determined by the authorized, approved pursuant to the relevant legislation.
+ Payment time is the time after the BT project contract complete, competent State authorities have decided to officially delivered projects for investors.
-The case of competent State authorities decided to temporarily assigned other projects to investors before the BT project completed, delivered to perform planning, perform the clearance compensation, determine the value of the project is to be a Minister; the heads of ministerial agencies, government agencies; Chairman of the provincial people's Committee, the central cities of consideration, decision. In this case, the competent State agencies and investors must calculate the payment conditions to ensure the interests of the State and the interests of investors, which guarantee conditions do not regulate the total investment of the work BT has been approved by the Authority (except as adjusted in accordance with the law on construction) b) Outdoor payment profile:
-Contracts between the competent State authorities and investors.
-Minutes of the BT project contract completed according to schedule commitments in the contract.
-Minutes of mass valuation arising out of the contract is the competent State agencies approved (if available).
-The decision of the approval authority the value of other projects.
c) project contract payments:-competent State agencies send payment profile for BT project State Treasury bodies to control the chi. within 7 days, the State Treasury agency based on the records of the competent State agencies submitted to the control and perform the confirmation mass values build complete payment proposal which enough records, prescribed procedures. The State Agency has the authority, pursuant to confirm the value of the volume eligible for payment of State Treasury agencies, make payments with other projects for investors.
-The competent State agencies tracking the aggregate amount of capital paid to investors, quarterly, yearly notification to local financial authorities to track, collate and the payment by accounting the value of other projects.
4. payment management and accounting for the BT project contract a) after having decided to approve the value of other projects, decisions investors make other projects, local financial authorities pursuant to the nature of the projects, make the write accounting currency local currency budget from other projects and ceasing payment of capital. The case has not yet clearly define project value BT or other project value can make the record temporarily ceasing. After determining the precise value of the project will calculate ceasing official records.
b) annual State budget levels Out every year (on January 31), pursuant to the notice of the competent State bodies about the estimated amount of capital paid for the contract of the project in the year certified by the Agency of the State Treasury; local financial authorities transfer the remaining funds (if any) to the following year to continue payments for the BT project contract. c) after the contract settlement, the case of the other projects worth paying for larger investors project contract worth BT and value arising out of the contract by the competent State Agency approved the first home investors must pay a portion of the difference in the money in the State budget. The increase in contract value due to other causes, not in the scope of the commitments in the agreement BT, so self assured funding for payment. The case of the other projects worth paying for small investors more than the value of the contract and the value of BT projects arising out of the contract by the competent State Agency approved the State budget for the payment of the difference in part investors with money or supplemented by other projects.
Chapter V INVESTMENT PROJECTS in the SETTLEMENT in the FORM of CONTRACTS of BOT, BTO and BT article 17. Settlement of investment projects in the form of BOT, BTO, BT include: 1. The costs due to State agencies: the State Agency was tasked to be responsible for reporting the settlement costs, appraisal report of feasibility study of the project or proposed project (if any) costs related to the preparation of projects and the costs related to the management of the project to the competent assessment and approval.
2. the value of the contract settlement of BOT, BTO, BT completed: the investor is responsible for making the content of the entire settlement costs under the agreement in the contract of the project and in accordance with the provisions of the law on investment and construction of the State bodies are competent to consider approval of the contract for BTO BT and consideration, the agreement for the BOT contract.
3. Contract settlement value is the entire project implementation contract value of projects by the competent State agencies and investors concluded consistent with the provisions of the law on construction.
Article 18. Settlement contract value of BOT, BTO, BT 1. As for the BOT contract:-the competent State agency agreement with investors about the selection of independent audit organization has the capacity and experience to make the content audit costs building construction investment, other costs in the project contract was signed.
-The base value of the audit, the State Agency has the authority to review, approve the report project contract value.
2. for BT, BTO contract:-the competent State agency agreement with investors about the selection of independent audit organization has the capacity and experience to make the content audit costs building construction investment, other costs in the project contract was signed.
-The competent State agencies, undertaking similar approval for the projects using the State budget.
Article 19. Settlement profile 1. Profile settlement cost by State agencies performed:-speaking settlement value, in that the full record of the items cost made.
-The set of related legal documents (originals or copies).
-The consulting contract (if any) attached to the minutes, the finished product and a settlement contract (original).
-The documents from the relevant payment (original or copies).
2. Contract settlement profile BOT, BTO, BT:-sheets of the proposed agreement or settlement approval of investors;
-The appendix, texts, documents attached project contracts;
-The documents, invoices and vouchers related.
Chapter VI PROVISIONS Enacted 20. Effective enforcement of this circular in force from 15/01/2011 and replaces circular No. 149/2007/TT-BTC on December 14, 2007 of the Ministry of Finance shall guide the management and use of the State budget for the activities of State bodies competent in the process of managing investment projects under the BOT contract form , BTO, BT. Article 21. Transitional provisions 1. For project contracts are negotiated, not yet signed, the competent State agencies pursuant to the provisions of this circular to adjust, updated the relevant terms in the contract project.
2. for the project contract was signed prior to the date of this circular have effective continued implementation of project contract signed.
3. With regard to the other cases, the ministries, the provincial people's Committee reported in writing to the Ministry of finance to study, guide.,.