Circular 02/2020/TT-BTC guidance on use of funds for dredging operations within seaport water

CIRCULAR

Providing guidance on the use of funds related to the dredging operations within seaport water under the management of the Ministry of Transport in combination with product recall

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Pursuant to the Law on the State Budget dated June 25, 2015;

Pursuant to the Government’s Decree’s No. 163/2016/ND-CP dated December 21, 2016 on detailing a number of Articles of the Law on the State Budget;

Pursuant to the Government s Decree No. 32/2019/ND-CP dated April 10, 2019 on prescribing the assignment of tasks, placement of orders, or bidding for provision of public products and services covered by state budget funds for regular expenditures;

Pursuant to the Government’s Decree No. 159/2018/ND-CP dated November 28, 2018 on the management of dredging operations within seaport water and inland water areas;

Pursuant to the Government’s Decree No. 32/2015/ND-CP dated March 25, 2015 on management of construction investment costs;

Pursuant to the Government’s Decree No. 37/2015/ND-CP dated April 22, 2015 on prescribing in detail construction contracts;

Pursuant to the Government’s Decree No. 59/2015/ND-CP dated June 18, 2015 on management of construction investment projects; the Government’s Decree No. 42/2017/ND-CP dated April 05, 2017 on amending and supplementing a number or Articles of the Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on management of construction investment projects;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017 on defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of the Director General of the Department of Corporate Finance,

The Minister of Finance hereby promulgates the Circular on providing guidance on the use of funds related to the dredging operations within seaport water under the management of the Ministry of Transport in combination with recalling of product.

Article 1. Scope of regulation

1. This Circular provides guidance on the use of funds related to the dredging operations within seaport water under the management of the Ministry of Transport in combination with recalling of product, include: Using expenses reimbursed by the investor selected to execute the project; using fines under project contracts and funds for the activities of supervision consultancy and supervision support consultancy.

2. This Circular does not apply to the dredging operations of the instruction investment of new navigable channels; the dredging operations of upgrading navigable channels that change the design standards of approved navigational channels and the maintenance dredging of marine navigation channels under the management of the Ministry of Transport and using state budget capital.

Article 2. Subjects of application

This Circular applies with the following subjects:

1. The Ministry of Transport.

2. The Vietnam Maritime Administration.

3. Domestic and overseas organizations and individuals that are qualified to provide dredging services in seaport waters combined with product recall in accordance with law provisions.

4. Other organizations and individuals involved in dredging operations within seaport water in combination with recalling of product.

Article 3. Management of expenses reimbursed by the investor selected to execute the project

The investor selected to execute the project shall reimburse all expenses for the operation of investment preparation and project implementation as prescribed in Points a, b and c, Clause 1, Article 25 of the Government’s Decree No. 159/2018/ND-CP dated November 28, 2018 on the management of dredging operations within seaport water and inland water areas according the method of payment to the State budget.

Article 4. Management of the fines under the project contract

The investor selected to execute the project shall pay the fines into the State budget as prescribed in the project contract in accordance with law provisions.

Article 5. Funds for the supervision consultancy and supervision support consultancy for the implementation of the project contract

1. After selecting the independent consultant to supervision the implementation of the project contract, the investor, supervision consultancy agency and the Vietnam Maritime Administration shall enter into the contract of 03 (three) Parties to deploy and perform. Such contract must clearly state the payment for the supervision consultancy agency as follow: The investor shall transfer the payment to the Vietnam Maritime Administration’s account opened at the State Treasury; after receiving the payment, the Vietnam Maritime Administration shall make a payment for the supervision consultancy agency.

2. In case the Vietnam Maritime Administration organize to select the supervision consultancy for supporting the supervision, the investor shall transfer the payment to the Vietnam Maritime Administration’s account opened at the State Treasury to pay for the supervision support consultancy activities.

3. Funds for the activities of supervision consultancy and supervision support consultancy must be based on the cost norms issued by competent specialized agencies, ensuring the principle of total expenses for the supervision consultancy activities and the supervision support consultancy activities must not exceed the norms of construction supervision expenses set by competent agencies.

4. The control, payment of expenses for the activities of supervision consultancy and supervision support consultancy shall be implemented according to the Circular No. 161/2012/TT-BTC dated October 02, 2012 of the Minister of Finance on the mechanism of control and payment of State budget expenses through the State Treasury, the Circular No. 39/2016/TT-BTC dated March 01, 2016 of the Minister of Finance on amending and supplementing a number of the Circular No. 161/2012/TT-BTC dated October 02, 2012 of the Minister of Finance on the mechanism of control and payment of State budget expenses through the State Treasury.

Article 6. Effect

1. This Circular takes effect on February 24, 2020.

2. In case legal normative documents referred to in this Circular are amended, supplemented or superseded in the course of implementation, the amending, supplementing or superseding documents shall be applied.

3. Any problem arising in the course of implementation shall be promptly reported to the Ministry of Finance for consideration and settlement./.

For the Minister

The Deputy Minister

Huynh Quang Hai