Circular No. 159/2009/tt-Btc: Modifying, Supplementing Some Provisions In Circular 138/2007/tt-Btc Dated 29/11/2007 Of The Ministry Of Finance Shall Guide The Management, Settlement, Payment Of Compensation, Capital Investment Supported

Original Language Title: Thông tư 159/2011/TT-BTC: Sửa đổi, bổ sung một số quy định tại Thông tư số 138/2007/TT-BTC ngày 29/11/2007 của Bộ Tài chính hướng dẫn quản lý, thanh toán, quyết toán vốn đầu tư bồi thường, hỗ tr

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CIRCULAR additional amendments to some provisions in circular 138/2007/TT-BTC dated 29/11/2007 of the Ministry of Finance shall guide the management, billing, settlement capital compensation, assistance and resettlement of son La hydropower project _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 16/2003/QH11 on 26/11/2003; Law on amendments and supplements to some articles of the Law concerning the basic construction investment of 38/2009/QH12 on 19/6/2009;
Pursuant to Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction; Decree No. 83/2009/ND-CP on October 15, 2009 on amendments and supplements to some articles of Decree No. 12/2009/ND-CP dated February 12, 2009; Decree No. 112/2009/ND-CP on December 14, 2009 by the Government on managing the cost of construction works; Decree No. 48/2010/ND-CP dated 10/5/2010 of the Government on the contract in construction activities; Decree No. 51/1999/ND-CP on 8/7/1999 of the Government about issuing regulations on investment and construction; Decree No. 12/2000/ND-CP dated 10/5/2000 and Decree No. 19/2003/ND-CP on January 30, 2003 by the Government on the amendments and supplements to some articles of the Statute and building investment management attached to Decree No. 51/1999/ND-CP on 8/7/1999; Decree No. 85/2009/ND-CP on 15/10/2009 of the Government Procurement Law Enforcement Guide and selection of building contractor construction law;
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 to decision No. 02/2007/QD-TTg dated January 9, 2007 by the Prime Minister on the regulation on compensation, assistance and resettlement of son La hydro power project; Decision No 141/2007/QD-TTg dated 24/8/2007, decision No. 31/2008/QD-TTg dated February 25, 2008, decision No. 72/2009/QD-TTg dated 4/5/2009 and decision No. 43/2009/QD-TTg on 10/8/2011 of the Prime Minister about the amendments and supplements to some articles of the provisions on compensation, assistance and resettlement of son La hydro power project attached to decision No 2/2007/ QD-TTg on 04/01/2007 by the Prime Minister;
Implementation of decision No 2119/QD-TTg dated 18/11/2010 the Prime Minister about the issue of management and implementation of son La hydro power project;
The Finance Ministry revising, supplementing some provisions in circular 138/2007/TT-BTC dated 29/11/2007 of the Ministry of Finance shall guide the management, billing, settlement capital compensation, assistance and resettlement of son La hydropower project (hereinafter referred to as the circular No. 138/2007/TT-BTC) as follows : article 1: amendment, added some provisions in circular 138/2007/TT-BTC as follows: 1. Amending and supplementing headline Thursday, point 1, part I, as follows: guaranteed investment and construction procedure in accordance with the provisions of the current law.
2. Amendments, supplements the provisions on the adjustment of the allocation of capital investment plan in point 2, part II as follows:-up to adjust the allocation of capital investment plan is before the date of December 25 annually.
-Capital investment annual plan to be paid for the volume of completed trials to end on December 31 in the plan; the time limit for payment of the annual capital plan (including a plan to adjust) is to end on January 31 the following year. Special cases should extend the time of payment of capital investment, the provincial people's Committee has the text of the previous Finance Ministry report on January 31 next year, to solve.
3. Payment Of the construction work in urban resettlement: deregulation of the payment of the construction work in urban resettlement in point 3, part IV; performs as specified in circular No. 86/2011/TT-BTC on 17/6/2011 the Finance Ministry's regulation on management, payment of capital and capital investment nature career in State budget 4. Additional headline Wednesday on item a, 7.4 points, part IV as follows: food aid: time taken under decision No. 43/2009/QD-TTg on 10/8/2011 of the Prime Minister about the amendments and supplements to some articles of the provisions on compensation, assistance and resettlement of son La hydro power project attached to decision No 2/2007/QD-TTg dated 08/01/2007 of the Prime Minister.
5. Modify, supplement a, 7.5 points, part IV as follows: a base production variant was the competent authority district level approval, make payments for households resettled.
6. Amendments, supplements of 8.2 points, part IV as follows: perform as specified in circular No. 56/2010/TT-BTC dated 16/3/2010 of the Ministry of Finance regulates the establishment, use and funding settlement organizations make compensation, resettlement and assistance when the State revoked the land.
7. Repeal of provisions on settlement construction contract specified in point 1, part V.
8. additional content in Appendix No. 6 on settlement costs, compensation and resettlement support paid directly to households make.
9. Amendments, supplements the point 2, part V as follows: on 1/4 years later, Vietnam Development Bank report to the Finance Ministry and Vietnam about the electricity situation in receiving and using the remainder of the project's capital on January 31 the following year.
10. Amendments, supplements the reporting regulations for Vietnam Development Bank in point 2 of part VI as follows:-deregulation "separately reported fourth quarter was replaced by an annual report on 20 years later".
-Additional report 13 months (instead of the annual report) was created on February 20 next year.
11. Amendments, supplements headline Monday, in point 3, part VI as follows: before the establishment of the report about the situation of receiving and use of project funds, Bank Vietnam development engineer with the Ministry of finance and the Vietnam electricity Corporation of which had received and paid during the year.
Article 2: this circular have effect from 01/01/2012.
In the process, if there are difficulties and obstacles, suggest the local units reflect timely to the Ministry of finance study modified, supplemented as appropriate./.