Circular No. 120/2018/TT-BTC dated December 10, 2018 of the Ministry of Finance on prescribing return on equity of investors, State contribution to projects and financial statement of completed PPP work items of projects on construction of Eastern Sections of the North – South expressway during 2017 – 2020

CIRCULAR

Prescribing return on equity of investors, payment of the State-contributed investment capital, and finalization of completed items of public-private partnership projects under the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020^[1]

Pursuant to the November 26, 2013 Bidding Law;

Pursuant to the June 18, 2014 Law on Public Investment;

Pursuant to the June 18, 2014 Construction Law;

Pursuant to the November 26, 2014 Law on Investment;

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

Pursuant to the National Assembly’s Resolution No. 52/2017/QH14 of November 22, 2017, on the policy on investment in the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020;

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

Pursuant to the Government’s Decree No. 63/2018/ND-CP of May 4, 2018, on investment in the form of public-private partnership;

Pursuant to the Government’s Decree No. 30/2015/ND-CP of March 17, 2015, detailing a number of articles of the Law on Bidding regarding investor selection;

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

Pursuant to the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects;

Pursuant to the Government’s Decree No. 42/2017/ND-CP of April 5, 2017, amending and supplementing a number of articles of the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects; 

Pursuant to the Government’s Decree No. 77/2015/ND-CP of September 10, 2015, on medium-term and annual public investment plans;

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

In furtherance of the Government’s Resolution No. 20/NQ-CP of March 28, 2018, on the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020;

At the proposal of the Director of the Department of Investment;

The Minister of Finance promulgates the Circular prescribing return on equity of investors, payment of the State-contributed investment capital, and finalization of completed items of public-private partnership projects under the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular prescribes return on equity of investors, payment of the State-contributed investment capital, and finalization of completed items of public-private partnership projects under the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020 (below referred to as PPP projects) prescribed in the Government’s Resolution No. 20/NQ-CP of March 28, 2018 (below referred to as Resolution No. 20/NQ-CP).

Article 2. Subjects of application

This Circular applies to competent state agencies, and agencies and units assigned to manage the State-contributed investment capital in PPP projects (bellowed referred to as agencies assigned to manage the State-contributed investment capital), investors, project enterprises, and agencies, organizations and individuals involved in the implementation of PPP projects under the project on construction of a number of sections of the eastern North-South Expressway during 2017-2020 prescribed in Resolution No. 20/NQ-CP.