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Circular 107/2007/tt-Btc: Guidance On Payment Management, Capital Project Investment Clearance, Resettlement Using The State Budget

Original Language Title: Thông tư 107/2007/TT-BTC: Hướng dẫn về quản lý thanh toán, quyết toán vốn đầu tư dự án giải phóng mặt bằng, tái định cư sử dụng vốn ngân sách nhà nước

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1. This circular guide on payment management, capital investment for the work of restitution, resettlement assistance, using State budget are made according to the project clearance, resettlement; includes:-clearance projects, relocation to make investment plan, socio-economic development of the locality.
-Project clearance, resettlement was separated from the investment projects of the Ministry of construction, the Central Agency, delivered to the people's committees, the central cities (hereafter referred to collectively as the provincial people's Committee) where the project implementation.
The case compensated work, support, relocation is a category of investment projects in construction was approved by the authorized (not separated into the project clearance, resettlement) then the management, settlement payments made under the guidance of the Ministry of finance for investment projects with investment capital and development capital career has properties investing in the State budget.
This circular does not apply to compensation projects, immigrants resettled son La hydro power project (follow separate instructions of the Ministry of Finance).
The project clearance, resettlement of not using the State budget can manipulate the implementing rules of this circular.
2. The preparation, appraisal and approval of projects the clearance, resettlement implementation under the guidance of the Ministry of planning and investment. The investor of the project clearance, resettlement by the Agency have jurisdiction to decide in accordance with the law.
3. capital for project clearance, resettlement due to locally made include:-local budget funds for project clearance, resettlement to make investment plan, socio-economic development of the locality.
 -Additional capital there from the central budget to local budgets for project clearance, resettlement is the independent project is separated from the investment projects of the Ministry of construction, the central agencies; delivered to the provincial people's Committee where there are projects done.
--The central budget funds in the annual budget estimates of the Ministry, the Central Agency for project clearance, resettlement is the project components are separated from the investment projects of the Ministry of construction, the central agencies; delivered to the provincial people's Committee where there are projects done.
Part II SPECIFIC PROVISIONS I. ALLOCATION Of CAPITAL, The Transfer Of FUNDS For The PROJECT CLEARANCE, RESETTLEMENT Of 1. For project clearance, resettlement using local budget capital: based indicators estimate the annual investment, people's Committee levels and allocation decisions in capital estimates for each project clearance, resettlement in the scope of management; Council sent the State Treasury where the open account payment of owner project clearance, resettlement to track, as a base, control the payment of capital.
2. for project clearance, resettlement is the independent project is separated from the investment projects of the Ministry of construction, the central agencies; delivered to the provincial people's Committee where there are projects done: estimation of the target base capital from additional sources have the goal of the central budget to local budgets to implement project clearance, resettlement is the independent project is separated from project construction investment of the Ministry the central agencies; The provincial people's Committee and allocation decisions in capital estimates for each project clearance, resettlement to implement investment projects in the construction of the central ministries and agencies locally; ensure the target and the total capital level; Council sent the State Treasury where the open account payment of owner project clearance, resettlement to as a base payment of capital control.
3. for project clearance, resettlement is the project components are separated from the investment projects of the Ministry of construction, the central agencies; delivered to the provincial people's Committee where there are projects done: base indicator estimates the annual capital investment, the Ministry, the central agency responsible for allocating and assigning the estimation of capital for each project clearance, resettlement in each locality; send the provincial people's Committee, the Council sent the State Treasury.
Text based delivery of investment estimation of ministries, central agencies; The provincial people's Committee announced the investment estimation for the project owner clearance, resettlement to make.
Text based delivery of investment estimation of ministries, central agencies; The State Treasury informed estimation of capital and transfer of the Ministry, the Central Agency of the provincial Treasury to track, as a base payment of capital control.
The case of State Treasury granted the hierarchy of the State Treasury of the district, County, city, town in the province (referred to as the State Treasury district level) control, payment, the provincial Treasury informed estimation and moved the capital of the State Treasury at district level to control , payment.
4. The assessment allocated investment capital for the project clearance, resettlement of the finance agency grants made under the guidance of the Ministry of Finance on management, payment of capital and capital investment nature of careers in the State budget.      
II. The PAYMENT Of A CAPITAL PROJECT CLEARANCE, RESETTLEMENT Of 1. Open accounts: client project clearance, resettlement was open account at the State Treasury where convenient for payment control and convenience for transactions of owner project clearance, resettlement.
2. base material sent to the State Treasury: for the management, control the payment of capital investment, the investor of the project clearance, resettlement must be sent to the State Treasury payment account where the material basis of the project (this document is a primary or a primary copies , just send a time until the project ends, except to add, adjust), include: 2.1. As for the capital master plan:-text of authority approve or planning tasks; the estimation of costs for the approved planning.
-Text selection of contractor under the provisions of the law of tenders.
-The contract between the owner and the contractor.
2.2. for the preparation of investment capital:-cost estimation for investment preparation.
-Text selection of contractor under the provisions of the law of tenders.
-The contract between the owner and the contractor.
2.3. For the implementation of capital investment projects:-the clearance, resettlement and project approval documents clearance, resettlement under the guidance of the Ministry of planning and investment.
-Support, compensation and resettlement be browser; compensation cost estimation, support and resettlement be browser (if not yet in support, compensation and resettlement are browser).
-Estimating the cost of implementation, support and resettlement.
-For project clearance, resettlement has categories built resettlement or relocation home purchase, construction of infrastructure produced non-agricultural services business must submit the following documents: more + the contract to buy the House serve the resettlement of the investor.
+ Text selected contractor under the provisions of the law of tenders.
+ Contract between the owner and the contractor.
+ Cost of approved jobs packages, specify the bid and made.
3. working capital advance: 3.1. With respect to compensation, work support: 3.1.1. Capital advance profile consists of the following documents:-the base material of the project, including: the project clearance, resettlement and project approval documents clearance, resettlement under the guidance of the Ministry of planning and investment.
+ Support, compensation and resettlement be browser; compensation cost estimation, support and resettlement be browser (if not yet in support, compensation and resettlement are browser);
-The registration of the plan make the clearance by the owner with the State Treasury (according to model due to the release of the Treasury) to make advance funding base.
-Paper proposed capital payment (form due to the release of the Treasury).
-Paper-funding (according to model due to the release of the Treasury).
3.1.2. advance capital Levels: according to the plan made the clearance has been registered with the State Treasury but not exceeding an annual capital plan has been arranged. The advance which can perform once or many times based on the advance capital payments needs.
3.1.3. Time limit and form of advance funding: base advance proposal profile which owner sent, within 5 working days from receipt of a valid application, the State Treasury made the advance for the investor, the investor's direct payment to the beneficiary (if any).
3.2. for house purchase contracts of service relocation: 3.2.1. Capital advance profile consists of the following documents:-the base material of the project, including: the project clearance, resettlement and project approval documents clearance, resettlement under the guidance of the Ministry of planning and investment.
+ Support, compensation and resettlement be browser; compensation cost estimation, support and resettlement be browser (if not yet in support, compensation and resettlement are browser);
+ The contract to buy the House serve the resettlement of the investor.
-Paper proposed capital payment (form due to the release of the Treasury).
-Paper-funding (according to model due to the release of the Treasury).
3.2.2. working capital advance Levels: by the contractor and the owner agreed upon on the basis of payment in the contract but a minimum of 10% of the contract and do not exceed an annual capital plan has been arranged.
3.2.3. Time limit and form of advance funding: base advance proposal profile which owner sent, within 5 working days from receipt of a valid application, the State Treasury made the advance for the investor, the investor's direct payment to the beneficiary.

3.3. for the construction contract, contract of equipment procurement resettlement areas, the production of non-agricultural services business; the consulting contracts, planning; tenders and other work: follow the instructions of the Ministry of Finance on management, payment of capital and capital investment nature of career in the water budget.
3.4. Where once was an advance but for reasons of force majeure has not paid to the beneficiary, the investor must deposit in the State Treasury.
4. Recovery of advance capital: 4.1. With respect to compensation, work support: after paying for the beneficiary, the investor of the project clearance, resettlement is responsible for gathering documents, payment procedures, complete the application at the State Treasury within 30 working days of delay from the date of payment for the beneficiary.
4.2. for home purchase contract of service relocation: advance Capital are recovered each time payment completed.
4.3. for the construction contract, contract of equipment procurement resettlement areas, the production of non-agricultural services business; the consulting contracts, planning; tenders and other work: follow the instructions of the Ministry of Finance on management, payment of capital and capital investment nature of careers in the State budget.        
5. complete payment: 5.1. With respect to compensation, work support: mass payment is complete the volume value is determined on the basis of the minutes confirmed the mass was performed.
5.1.1. payment profile consists of:-base document of the project according to the provisions of point 3.1.1, section II, part II to this circular.
-The minutes confirmed the compensation volume, support has made. Thereon by the owner or the Council for compensation, resettlement and assistance created, signed, stamped with the seal of the members include: investors; Compensation Board, support and resettlement; The State Treasury (if made to pay compensation, support under contract with the owner) and the beneficiary (if the beneficiary is the individual households then just a signature).
-Paper proposed capital payment (form due to the release of the Treasury).
-Paper suggest capital advance payment with respect to the payment of the advance (according to model due to the release of the Treasury).
-Paper-funding (according to model due to the release of the Treasury).
5.1.2. The time limit for payment and payment: the profile base pay because the owner sent, within 7 working days from receipt of a valid application, the State Treasury made capital payments to the investor, the investor's direct payment to the beneficiary (if any); advance financial implementation in accordance with the regulations.
5.2. for home purchase contract of service relocation: the complete volume value to be paid is the value determined on the basis of the contract price and the minutes of the home console.
5.2.1. the billing records including:-material base of the project as defined in point 3.2.1, section II, part II to this circular.
-Minutes of the home console.
-Paper proposed capital payment (form due to the release of the Treasury).
-Paper suggest capital advance payment with respect to the payment of the advance (according to model due to the release of the Treasury).
-Paper-funding (according to model due to the release of the Treasury).
5.2.2. Time limit for payment and payment: the profile base pay because the owner sent, within 7 working days from receipt of a valid application, the State Treasury made capital payments to the investor, the investor's direct payment to the beneficiary; advance financial implementation in accordance with the regulations.
5.3. for complete building mass, the mass of the complete equipment of resettlement areas, the production of non-agricultural services business and the volume of completed other work: follow the instructions of the Ministry of Finance on management, payment of capital and capital investment nature of careers in the State budget.        
6. With regard to the cost of implementation, support and resettlement, the advance payment and the payment made under the provisions of the Ministry of finance in its circular implementing Decree No. 197/2004/ND-CP dated 03/12/2004 the Government about compensation, resettlement and assistance when the State revoked the land.
III. INVESTMENT CAPITAL UNDER an ANNUAL BUDGET ANNUAL implementation under the guidance of the Ministry of finance, appraisal report of capital construction investment in the State-budget capital under an annual budget every year.
For project clearance, resettlement was separated from project construction: project owner clearance, resettlement is responsible for establishment of the report, send the investor investment projects construction to General synthesis on capital investment annual settlement of investment projects in construction.
IV. CAPITAL INVESTMENT PROJECT implementation COMPLETION according to the instructions of the Ministry of finance about the finalization of projects completed in the State budget.
For project clearance, resettlement was separated from investment projects construction project owner:-the clearance, resettlement is responsible for finalization of project investment clearance, resettlement, the approval authority; send the report has been approved by the authority to the owner of the project construction investment.
-Investor project construction is responsible for finalization of project investment of construction investment (excluding capital project clearance, resettlement); the aggregate results of investment capital project clearance, resettlement has been approved in the general settlement of investment projects in construction.
V. ACCOUNTABILITY, The RELATIONSHIP BETWEEN The AGENCIES In The PAYMENT MANAGEMENT, CAPITAL PROJECT INVESTMENT CLEARANCE, RESETTLEMENT Of 1. The investor of the project clearance, resettlement:-perform the duty of the owner of the project according to the provisions of Decree No. 197/2004/ND-CP dated 03/12/2004 the Government about compensation, resettlement and assistance when the State revoked the land and Decree No. 88/2007/ND-CP dated 25/5/2007 of the additional government regulations about the order procedure for compensation, resettlement assistance when the State revoked the land.
-Establish requirements, plans to use the investment project's clearance, resettlement, send the investor investment projects construction (for the case of capital source implementation project clearance, resettlement was deployed from the project's capital construction investment) or planning of project investment clearance resettlement agency reports, ensure the funding of the project clearance, resettlement (for cases of capital source implementation project clearance, resettlement was arranged independently of investment projects in construction).
-Direct management, billing, settlement of project investment clearance, resettlement.
A report on the implementation of the investment project clearance, resettlement at the request of the owner of the project construction works; timely reporting to the owner of the project construction investment for the cost of clearance, resettlement in the process beyond the cost of clearance, resettlement in the projects of building construction.
-Make capital investments and results reporting capital project investment clearance, resettlement has been approved by the authority with the investor investment projects for construction on the settlement of investment projects in construction.
-Perform other duties of the investor of the project according to the regulations of the Ministry of Finance on managing payment, settlement capital investment projects with investment capital and development capital business investment properties in the State budget.
2. Investment projects of building construction:-planning of project investment clearance, resettlement on the basis of the request, plans to use the investment capital of the investor of the project clearance, resettlement; Agency reports ensure full disposition of funds to implement the project clearance, resettlement (for cases of capital source implementation project clearance, resettlement was deployed from the project's capital construction investment).
-Monitor the implementation of the investment project's clearance, resettlement was separated from project construction; the competent authority report decision on project investment construction investment review, dealt with the case of the cost of clearance, resettlement in the process beyond the cost of clearance, resettlement has been identified in the project construction investment.
-General results finalization of project investment clearance, resettlement was separated from investment projects construction according to the provisions of this circular.
3. the people's committees, the central cities:-steer and perform clearance under the provisions of the law for project clearance, resettlement to make investment plan, socio-economic development of the project and local clearance relocation, are separated from the investment projects of the Ministry of construction, the Central Agency, delivered to the provincial people's Committee where there are projects done.
-Ensure the funding of the project clearance, resettlement in the scope of management to implement the plan of investment, socio-economic development of the locality.
-Allocation, using the correct additional capital purposes aimed from the central budget to local budgets to implement project clearance, resettlement is the independent project is separated from the investment projects of the Ministry of construction, the Central Agency.
-Approval or the approval hierarchy support, compensation and resettlement; approved or the approval hierarchy capital project investment clearance, resettlement was separated from the investment projects of the Ministry of construction, the Central Agency.

-Guide, test, urging the investors to the project clearance, resettlement in the scope of management of the investment plan, to receive and use the investment capital.
4. the people's Committee of the district, County, city, town in the province (known as the people's committees at district level):-the Compensation Board directs, support and resettlement and implementation support, compensation and resettlement.
-Ensure the funding of the project clearance, resettlement in the scope of management.
-Guide, test, urging the investors to the project clearance, resettlement in the scope of management of the investment plan, to receive and use the investment capital.
5. The Ministry, the central authorities have projects of building construction; in the clearance section that is separated into the project clearance, resettlement, delivered to the provincial people's Committee:-make sure the layout enough funding to provincial people's Committee organizing the project clearance, resettlement is the project components are separated from the project construction investment of the Ministry the central agencies; delivered to the provincial people's Committee where there are projects done.
-Directing the investor investment projects construction and affiliated agencies to coordinate with local follow-up and timely processing for the cost of clearance, resettlement in the process beyond the cost of clearance, resettlement has been identified in the project construction works; capital guarantee processing or report authorized capital guarantee in case the cost of clearance, resettlement in the process beyond the cost of clearance, resettlement has been identified in the project construction works so as not to affect the progress of project implementation plan, clearance, resettlement of the local.
6. Financial authority levels make the financial management of project investment clearance, resettlement; State Treasury Agency the task of controlling project investment of payment clearance, resettlement is responsible for control of the capital payment, timely, full, correct mode.
VI. REPORTING MODE, the test performed in accordance with the Finance Ministry in the circular guide on payment management, investment capital for investment projects with investment capital and development capital business investment properties in the State budget and the provisions of this circular.
Part III ENFORCEMENT Of TERMS 1. This circular has the effect after 15 days from the date The report.
2. During the implementation process, if there are obstacles, agencies, units, investors need timely reflection on the Finance Ministry to modify, complement accordingly./.