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Circulars 241/2009/tt-Btc: Guide The Management, Payment Of Capital Projects To Expand And Improve The Way Lang-Hoa Lac

Original Language Title: Thông tư 241/2009/TT-BTC: Hướng dẫn việc quản lý, thanh toán vốn đầu tư Dự án mở rộng và hoàn thiện đường Láng - Hòa Lạc

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CIRCULAR guide the management, payment of capital projects to expand and improve the way lang-Hoa Lac _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the State budget pursuant to the law No. 15/2002/QH11 on December 16, 2002;

Pursuant to the law building on November 26, 2003;

Pursuant to Decree No. 12/2009/ND-CP on 12/2/2009 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 on 12/2/2009 on the management of government investment project construction;

Pursuant to Decree No. 51/1999/ND-CP on 8/7/1999 of the Government about issuing of investment management regulation and build, Decree No. 12/2000/ND-CP on 5/5/2000 and no. 7/2003/ND-CP on 30/1/2003 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 of the Government;

Pursuant resolution No. 15/2008/QH12 on 29/5/2008 by Congress about adjusting the administrative boundary of Hanoi and the provinces concerned;

Make the text number 224/CP-CN on 1/3/2003; text no. 828/CP-CN on 18/6/2003; text-1732/CP-CN on December 17, 2003 of the Government; text no. 1042/TTg-CN on 1/8/2007 of Prime about adjusting the project to expand and improve the way lang-Hoa Lac; document No. 120/TB-VPCP on 14/6/2004 by the Office of the Government on investment projects to expand and improve the way lang-Hoa Lac, the Ministry of Finance shall guide the management and payment of capital investment for the project to expand and improve the way lang-Hoa Lac as follows: chapter I GENERAL PROVISIONS article 1. Perfect project expanded Hoa Lac are invested by the State budget, including:-the central budget funds to ensure funding arrangement for the work of preparing the investment, project management and supervising the quality of works, items are added and adjusted the scale of the project is housed in the building construction investment plan annually by the Ministry of transportation.

-Budget capital of Hanoi City (self mobilization in the form of land-use rights auction), the source of capital by the Land Fund in the city of Hanoi to make the investment to build the line.

Article 2. The management, payment of capital investment projects are implemented according to the current rules of the State of management, investment and payment provisions of this circular.

Article 3. The responsibilities of the parties in the course of the project.

1. the representative of the owner (thang Long Project Management Committee), the general contractor (General import and export Corporation to build Vietnam) by function, the tasks have a responsibility to ensure the implementation of the project according to schedule, quality and properly use the purpose of the investment capital for the project completion expanded Hoa Lac , are not used for other purposes.

2. The people's Committee of Hanoi City is responsible for the management, direction and guidance in managing authority made in accordance with the applicable regulations of the State and the guidance in this circular.

3. The Hanoi City Department of finance is responsible for the General People's Committee of Hanoi City perform the management, guarantee the investment capital for the project completion expanded Hoa Lac in accordance with the provisions of the law on the State budget.

4. The State Treasury is responsible for implementing the control and payment of capital investment for the project to guarantee the timeliness, proper regulation.

Chapter II SPECIFIC PROVISIONS article 4. Planning of annual capital investment projects.

1. At the time of construction of the estimation of the annual State budget as the base of the progress of the project, project management, scheduling of thang Long capital needs are divided according to each capital (the capital of the central budget, the budget's capital city of Hanoi and the capital by Land Fund) sent the Ministry of transportation.

2. The Ministry of transport of the aggregate capital investment plan to send the people's Committee of Hanoi City (part of the local budget is assumed). The Ministry of transport of the people's Committee of Hanoi construction investment spending estimates annual planning and investment, the Ministry of finance to the General Authority decision according to the provisions of the law on the State budget and the writing guide.

3. after estimating the budget was delivered, the authorized the Ministry of transport of the people's Committee of Hanoi City made capital allocation and investment plan submitted to the financial institutions of the same level and the State Treasury where the transaction to make the base control payment of capital.

4. the financial authority granted to perform verification of prescribed capital allocation.

5. In the year of the plan, the base implementation of the reality and the real capital of the project, general contractor, construction project management Committee of thang Long made the adjustment plan project capital if necessary to send the authority consider adjustments.

Article 5. Management, payment of capital.

1. With regard to the volume of work is guaranteed payment by the central budget and funding with money from the city budget are made, management of payment as specified in circular No. 27/2007/TT-BTC dated 3/4/2007 of the Ministry of Finance shall guide the management, payment of capital and capital investment nature career and build in funds State policy; Circular No. 130/2007/TT-BTC dated 2/11/2007 of the Ministry of finance amend and supplement some points of the circular No. 27/2007/TT-BTC dated 3/4/2007; Circular No. 88/2009/TT-BTC dated 29/4/2009 of the Ministry of finance amend and supplement some points of the circular No. 27/2007/TT-BTC dated 3/4/2007 and circular No. 130/2007/TT-BTC dated 2/11/2007 of the Ministry of finance and the text modified, supplemented or replaced (if any).

2. With regard to the volume of work was paid by the Land Fund.

-The management, making the payment proposal is made according to the provisions of the Decree of the Government on the management of investment projects in construction and circular No. 27/2007/TT-BTC dated 3/4/2007 of the Ministry of Finance shall guide the management, payment of capital and capital investment nature career and built in State budget sources , Circular No. 130/2007/TT-BTC dated 2/11/2007 of the Ministry of finance amend and supplement some points of the circular No. 27/2007/TT-BTC dated 3/4/2007, circular No. 88/2009/TT-BTC dated 29/4/2009 of the Ministry of finance amend and supplement some points of the circular No. 27/2007/TT-BTC dated 3/4/2007 and circular No. 130/2007/TT-BTC dated 2/11/2007 of the Ministry of finance and the text amendment, addition or replacement (if available).

-Management of the thang Long project to send billing records project for the State Treasury bodies to control spending;

-Agency of the State Treasury, the base profile of thang Long project management, test and implement the confirmation mass eligible capital transfer payment project management and construction general contractor of thang Long.

-The base to confirm the volume eligible for payment of State Treasury agencies, project management, general contractor of construction progress payment for the project at the same time paid directly to beneficiaries in accordance with the regulations, reporting of payments to thang Long project management;

-Management of the thang Long General projects, track the number of which had already been paid for by project funds, quarterly aggregate reporting to send the people's Committee of Hanoi City (Department of Finance) to track the collation and as a base for the work payments, accounting by the Land Fund to the General contractor.

Article 6. Accounting and management of funds from the land fund use to generate capital for the perfect project expanded Hoa Lac.

-After the decision approving the land fund value, decisions for construction general contractor, the Department of finance Hanoi made record accounting currency the local budget money allocated land use rights and ceasing advance to corresponding projects the value of proceeds.

-Teens annual budget level (31/1), reports of aggregate base management of thang Long project about the estimated amount of capital paid for the project in the year certified by the Agency of the State Treasury, the people's Committee of Hanoi City (Department of Finance) accounting procedures of the investment budget and transfer the remaining funds (if any) to the following year to continue paying for the project.

-Where the value soil genus Fund advance to general contractor building the larger part was paid by the Land Fund of the project Of construction contractors must pay the difference in part by money in the city budget. The case of the value soil genus Fund advance to build general contractor is under the value of the project budget the city paid for the general contractor to build the part the difference in the form of additional land or by money.

-Particularly for North zone in Anqing, the new owner is the joint venture of the new urban development LTD. Anqing is responsible for implementation of the financial obligations under the regulations to create a source of payment for the completed volume of the project.

Article 7. The principle of the application of capital construction general contractor.

The people's Committee of Hanoi is responsible for ensuring adequate levels of funding for the project for a mass held by the progress of the project to the investor to implement the project. The case does not meet the funding according to the schedule, the general contractor is invested before the practice of application of capital and capital payments on the basis of agreement between the parties.

Article 8. interest calculation principles which have general contractor for advance clearance.

-Interest rate: the real interest rate As stated in the loan contract general contractor's song no larger than the average interest rate of 4 commercial banks including the Bank of agriculture and rural development of Vietnam, Vietnam commercial joint stock Bank, industrial and commercial joint stock Bank in Vietnam, the Bank for investment and development of Vietnam at the time of application.

-Interest time from real time application (due to the two parties to the agreement) up to the time of the people's Committee of Ha Tay Province (old) have the decisions in North zone Anqing to the investor of the project in accordance with the law of the land to create a capital projects to expand and improve the way lang-Hoa Lac.


-This interest are accounting, settlement in construction investment projects to expand and improve the way lang-Hoa Lac.

Article 9. Settlement.

1. early settlement: annually, thang Long project management report each kind of resources according to the prescribed regimes, and the general settlement of the entire project report the Ministry of transport, Ministry of planning and investment, the Ministry of finance in accordance with circular No. 53/2005/TT-BTC dated 23/6/2005 of the Ministry of Finance on guidelines established , appraisal report of capital construction investment in the State-budget capital under an annual budget, annual circular No. 108/2008/TT-BTC on 18/11/2008 of the Ministry of Finance shall guide the handling of last year's budget and report annual State budget and the revised text additional or replacement, if available.

2. The people's Committee of Hanoi City budget settlement made under current rules.

3. Finalization of projects completed: after the project is completed, the owner is responsible for implementation of capital investment projects in accordance with circular No. 33/2007/TT-BTC on 9/4/2007 of the Ministry of finance about the Guide project completion settlement in the State capital, circular No. 98/2007/TT-BTC on 9/8/2007 on , the addition of a score of circular No. 33/2007/TT-BTC on 9/4/2007 and the text modified, supplemented or replaced if available.

Article 10. The report, test 1. About the report: general contractor, construction project management Committee of thang Long is responsible for the implementation reports, payment of capital projects for the Ministry of transport, Ministry of planning and investment, Ministry of finance, the people's Committee of Hanoi; The State Treasury reported the Ministry of Finance according to the rules of the investment report mode.

2. On the check:-The relevant Ministry and the people's Committee of Hanoi City check periodically or irregularly project on the implementation of the investment plans, the use of capital and Executive policies, financial investment mode.

-The Ministry of transport of the people's Committee of Hanoi, general contractor, construction project management, is responsible for enhancing the management, inspection, not for reporting waste, loss, negative.

Article 11. The Organization made.

This circular effect after 45 days from the date of signing and replacing circular No. 64/2005/TT-BTC dated 15/8/2005 of the Ministry of Finance shall guide the management, payment of capital projects to expand and improve the way lang-Hoa Lac.

In the process we have difficult problems, suggest the bodies, timely reflect the units of the Ministry of finance to study the resolution.