THE MINISTRY OF FINANCE ___________ No. 140/2026/TT-BTC | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ______________________ Hanoi, September 25, 2026 |
CIRCULAR
Amending and supplementing a number of articles of Circular No. 23/2022/TT-BTC dated April 6, 2022, of the Ministry of Finance, guiding state financial management of foreign non-refundable aid constituting state budget revenues
Pursuant to the Law on the State Budget No. 89/2025/QH15 dated June 25, 2025;
Pursuant to the Law on Public Investment No. 58/2024/QH15 dated November 29, 2024;
Pursuant to the Law on Management and Use of Public Property No. 15/2017/QH14 dated June 21, 2017;
Pursuant to the Decree No. 73/2026/ND-CP dated March 10, 2026 of the Government detailing a number of articles of the Law on the State Budget;
Pursuant to the Decree No. 85/2025/ND-CP dated April 8, 2025 of the Government, detailing the implementation of a number of articles of the Law on Public Investment, as amended and supplemented by Decree No. 275/2025/ND-CP;
Pursuant to the Decree No. 186/2025/ND-CP dated July 1, 2025 of the Government, detailing a number of articles of the Law on Management and Use of Public Property, as amended and supplemented by Decree No. 286/2025/ND-CP;
Pursuant to the Decree No. 242/2025/ND-CP dated September 10, 2025 of the Government, on the management and use of official development assistance and foreign concessional loans, as amended and supplemented by Decree No. 119/2026/ND-CP;
Pursuant to the Decree No. 313/2025/ND-CP dated December 8, 2025 of the Government, on the management and use of non-refundable aid other than official development assistance of foreign agencies, organizations and individuals for Vietnam;
Pursuant to the Decree No. 50/2020/ND-CP dated April 20, 2020 of the Government, providing for the international emergency aid for relief and remediation of natural disaster consequences, as amended and supplemented by Decree No. 53/2026/ND-CP;
Pursuant to the Decree No. 347/2025/ND-CP dated December 29, 2025 of the Government, providing for administrative procedures in the field of the State Treasury;
Pursuant to the Decree No. 254/2025/ND-CP dated September 26, 2025 of the Government, providing for the management, payment and finalization of projects using public investment capital;
Pursuant to the Decree No. 29/2025/ND-CP dated February 24, 2025 of the Government, prescribing the functions and tasks of the Ministry of Finance, as amended and supplemented by Decree No. 166/2025/ND-CP;
At the proposal of the Director General of the Department of Debt Management and External Economic Relations;
The Minister of Finance promulgates the Circular amending and supplementing a number of articles of Circular No. 23/2022/TT-BTC dated April 6, 2022, guiding state financial management of foreign non-refundable aid constituting state budget revenues.
Article 1. To amend and supplement a number of articles of Circular No. 23/2022/TT-BTC dated April 6, 2022, of the Ministry of Finance, guiding state financial management of foreign non-refundable aid constituting state budget revenues as follows:
1. To amend and supplement Clause 2 Article 2 as follows:
“2. Financial agencies include: the Ministry of Finance (the Department of Debt Management and External Economic Relations, the State Treasury and the Customs Department) and Departments of Finance of provinces and centrally run cities.”
2. To amend and supplement a number of clauses of Article 4 as follows:
a) To amend and supplement Points b, c Clause 1 as follows:
“b) Coordinate with the managing agency in supervising and evaluating the implementation of regulations on state financial management of the management and use of aid of the central budget.”
“c) Inspect the annual finalization of revenues and expenditures of aid of the central budget.”
b) To amend and supplement Point b Clause 2 as follows:
“b) Inspect the annual finalization of revenues and expenditures of aid of the provincial budget.”
c) To amend and supplement Points b, c Clause 3 as follows:
“b) Monitor aid amounts transferred to accounts opened by programme and project owners at the State Treasury; certify payments for non-refundable aid allocated from public investment funds; disburse aid allocated from recurrent expenditure funds for which aid-receiving accounts are opened at the State Treasury; and carry out accounting and recording of state budget revenues and expenditures for aid in accordance with regulations.
c) Fulfill reporting responsibilities in accordance with law and this Circular. For aid used for investment expenditures under the domestic financial mechanism, reporting shall comply with Circular No. 37/2025/TT-BTC dated June 12, 2025, of the Ministry of Finance, providing for the reporting regime and reporting forms on the implementation and disbursement of public investment capital.”
3. To amend and supplement a number of clauses of Article 5 as follows:
a) To amend and supplement Clause 3 as follows:
“3. Consider and approve the annual finalization of foreign aid constituting state budget revenues for subordinate budget-estimating units; consolidate annual reports on the finalization of state budget capital sourced from aid in accordance with regulations.”
b) To amend and supplement Clause 4 as follows:
“4. Consider and approve, or submit to competent authorities for approval, finalization of completed programmes, projects and aid amounts in accordance with regulations on the finalization of programmes, projects and aid amounts; organize the management and handling of assets formed from aid amounts, aid programmes and projects in accordance with the law on management and use of public property.”
4. To amend and supplement Clause 3 Article 6 as follows:
“3. Prepare annual and 05-year estimates of aid revenues and expenditures/aid plans for submission to the managing agency for consolidation, and implement the annual estimates of aid revenues and expenditures/aid plans assigned by competent authorities in accordance with the Law on State Budget, the Law on Public Investment and relevant laws”
5. To amend Article 7 as follows:
“Article 7. State budget revenue and expenditure estimates and capital plans from aid funds for each programme, project and non-project
1. State budget revenue and expenditure estimates or capital plans from aid funds for each programme or project shall constitute part of the 05-year financial and budget plan, the 05-year public investment plan, the annual state budget revenue and expenditure estimates and the annual state budget capital plan.
2. Forms, procedures for preparation and approval of the 05-year financial and budget plan and the 05-year public investment plan funded by aid shall comply with the Law on State Budget, the Law on Public Investment and their guiding documents.”
6. To amend and supplement Clause 4 Article 8 as follows:
“4. The financial plan for aid shall be prepared together with the annual state budget revenue and expenditure estimates or annual capital plan and submitted to the managing agency for approval.”
7. To amend Article 9 as follows:
“Article 9. Annual state budget revenue and expenditure estimates and annual public investment plans funded by aid.
1. The preparation of aid revenue and expenditure estimates and annual public investment plans funded by aid shall comply with the Law on State Budget, the Law on Public Investment and relevant guiding documents.
2. Proposals for adjustments and supplements to state budget revenue and expenditure estimates funded by aid or adjustments to capital plans must ensure the implementation capacity of programme, project and non-project aid owners.
3. For aid in the form of goods, in-kind assets or turnkey works implemented in Vietnam by aid providers and handed over to Vietnamese receiving agencies, where state budget revenue and expenditure estimates have not yet been decided by competent authorities at the time of receipt and handover of such goods, in-kind assets or works, the managing agency of the aid shall prepare a proposal for adjustments and supplements to state budget revenue and expenditure estimates in accordance with the Law on State Budget and the Law on Public Investment for the purpose of accounting and recording state budget revenues and expenditures.”
8. To amend and supplement Clause 2 Article 10 as follows:
“2. The carry-forward of aid budget estimates shall comply with the Law on State Budget and relevant guiding documents”.
9. To amend and supplement Clauses 1, 2 Article 11 as follows:
a) To amend and supplement Point b Clause 1 as follows:
“b) For aid supporting the central budget for a National Target Programme approved by competent authorities, after the aid is disbursed into the state budget as prescribed at Point a of this Clause, in case competent authorities permit its use for a specific programme or project, based on the approved state budget revenue and expenditure estimates, the decision approving the programme or project and the implementation progress of the specific programme or project, the programme or project owner shall withdraw budget estimates from the State Treasury in accordance with the law on management of state budget expenditures”.
b) To amend and supplement Point a Clause 2 as follows:
“a) Accounting for state budget revenues: Based on the fund transfer documents of the sponsor and the notification of the financial agency, the State Treasury shall account for state budget revenues in the original currency converted into Vietnamese dong.”
10. To amend Article 12 as follows:
“Article 12. Cash aid for programmes, projects and non-project aid implemented by Vietnamese programme and project owners
1. Opening accounts for receipt of aid
Based on the Aid Treaty or Aid Agreement and the decision approving the programme, project or aid, the programme, project or non-project aid owner shall open an account for receipt of aid at the State Treasury or a commercial bank in accordance with Clause 5 Article 3 of this Circular. Within 15 days from the date of opening the account, the programme, project or non-project aid owner shall inform the managing agency of the account for receipt of aid constituting state budget revenues.
2. Disbursement, accounting and recording of aid as state budget revenues and expenditures
a) The disbursement and accounting of aid constituting state budget revenues shall comply with Clauses 1, 2, 3 and 4 Article 23 of the Government's Decree No. 313/2025/ND-CP dated December 8, 2025, on the management and use of non-refundable aid other than official development assistance of foreign agencies, organizations and individuals for Vietnam, or Article 89 of the Government's Decree No. 242/2025/ND-CP dated September 10, 2025, on the management and use of official development assistance and foreign concessional loans, as amended and supplemented by Clause 40 Article 1 of Decree No. 119/2026/ND-CP.
b) For aid received into accounts opened at commercial banks but not yet disbursed or accounted for as state budget revenues and expenditures, within 05 working days from the date of receipt of the disbursement from the sponsor, the programme or project owner shall send a written notification, accompanied by documents evidencing the crediting of funds to the account, to the managing agency for aid constituting central budget revenues or to the provincial-level Department of Finance for aid constituting provincial budget revenues, for management of the capital amounts received.
For aid amounts received and spent by programme, project or non-project aid owners but for which budget estimates have not yet been allocated, the project owners shall report quarterly to the managing agencies for consolidation and monitoring.
c) In case the managing agencies of ODA amounts are provincial-level People's Committees, the aid shall be accounted for as central budget revenues, and central budget expenditures shall be recorded as targeted supplements to provincial budgets. At the same time, provincial budget revenues from targeted supplements from the central budget and expenditures for programmes and projects shall be accounted for.
d) On a monthly basis, the commercial bank where the programme or project owner using aid constituting state budget revenues opens an account shall send an account statement to the programme or project owner, with a copy to the managing agency for coordination in management.
3. In case programme or project owners are state-owned enterprises receiving cash aid under the method of direct implementation by the Vietnamese side, accounting shall be carried out as follows:
a) For enterprises in which the State holds 100% of charter capital, in case they are eligible to receive aid in accordance with the Law on State Budget, Law No. 68/2025/QH15 of the National Assembly on management and use of state capital invested in production and business at enterprises, and relevant laws, based on the decision of the competent authority permitting an increase in charter capital at the enterprise, the aid used shall be accounted for as state budget revenues and state budget expenditures to increase state capital at the enterprise.
For enterprises in which the State holds more than 50% but less than 100% of charter capital or the total number of voting shares, in case they are eligible to receive aid and their receipt of aid is approved by competent authorities in accordance with the Law on State Budget, the Law on Enterprises, the enterprise's Charter and relevant laws, the aid used shall be accounted for as state budget revenues and state budget expenditures to increase state capital at the enterprise.
b) For certain other expenditures eligible for implementation in accordance with regulations, the state budget revenues and expenditures shall be accounted for in accordance with the law on state budget.
11. To amend Article 13 as follows:
“Article 13. Aid in the form of in-kind assets, goods and services, including aid directly implemented in Vietnam by sponsors or under the turnkey method
1. The accounting and recording of state budget revenues and expenditures shall comply with Clauses 3 and 4 Article 90 of the Government's Decree No. 242/2025/ND-CP dated September 10, 2025, on the management and use of official development assistance and foreign concessional loans; Point d Clause 41 Article 1 of the Government's Decree No. 119/2026/ND-CP dated April 3, 2026, which has a number of articles amended and supplemented under Decree No. 242/2025/ND-CP; Clause 4 Article 24 of the Government's Decree No. 313/2025/ND-CP dated December 8, 2025, on the management and use of non-refundable aid other than official development assistance of foreign agencies, organizations and individuals for Vietnam; Point a Clause 2 Article 19 and Clause 1 Article 21 of the Government's Decree No. 50/2020/ND-CP dated April 20, 2020, providing for the international emergency aid for relief and remediation of natural disaster consequences; and Article 66 of Decree No. 53/2026/ND-CP dated February 5, 2026, amending and supplementing a number of articles of Decrees in the fields of dikes and natural disaster prevention and control; based on the aid agreement, the decision on approving the receipt of aid, and the dossier of goods whose ownership is transferred to the Vietnamese side, including bills of lading, invoices, handover records and other relevant documents as prescribed by law and specified in the aid agreement.
2. For aid in the form of in-kind assets and goods directly implemented by foreign sponsors or entrusted by foreign sponsors to units other than programme, project or non-project aid owners in Vietnam for implementation, or aid provided under the turnkey method: After the sponsor hands over the in-kind assets or goods, or hands over the completed in-kind assets, goods or works to the Vietnamese side, the project owner shall be responsible for collecting documents and vouchers related to such goods, in-kind assets or works, determining their value and reporting to the managing agency for consideration and decision in order to supplement budget estimates and carry out state budget accounting in accordance with regulations.”
12. To amend and supplement Clause 1 Article 14 as follows:
“1. For cash aid for programmes and projects, the exchange rate shall be applied in accordance with Article 78 of Decree No. 242/2025/ND-CP, as amended and supplemented by Decree No. 119/2026/ND-CP.”
13. To amend Article 17 as follows:
“Article 17. Management of property formed from aid
1. The management, use and handling of property formed from foreign non-refundable aid falling within the scope of the state budget (except for property specified in Clause 2 of this Article) shall comply with the law on management and use of public property.
2. For property formed from aid subject to state budget investment in capital support for enterprises as prescribed at Point b Clause 1 Article 37 or Point b Clause 1 Article 39 of the Law on State Budget and Law No. 68/2025/QH15 of the National Assembly on management and investment of state capital in enterprises, their management and use shall comply with the law on management and investment of state capital in enterprises, the law on enterprises and relevant laws.
3. For property formed from aid in the form of goods and in-kind assets procured and provided to the Vietnamese side by sponsors, or property and results implemented in Vietnam by foreign parties and handed over to the Vietnamese side, the receiving units shall carry out the processes and procedures for accounting for state budget revenues and expenditures; and concurrently record an increase in property at their units in accordance with regulations”.
14. To amend and supplement a number of clauses of Article 18 as follows:
a) To amend and supplement Points a, b and c Clause 1 as follows:
“a) State budget revenue and expenditure estimates decided by competent authorities. For aid amounts received and spent by programme, project or non-project aid owners but for which budget estimates have not yet been allocated, when carrying out annual state budget finalization, the managing agencies shall be responsible for relevant dossiers, documents and vouchers and shall consolidate data for the Ministry of Finance to report to competent authorities for supplementation of budget estimates to carry out finalization in accordance with regulations.
b) The Ministry of Finance shall inspect the finalization of same-level first-tier budget-estimating units in terms of the completeness and consistency of finalization data with the State Treasury's confirmations.
c) Unused budget estimate balances remaining at the end of the state budget finalization adjustment period shall be cancelled, except for amounts permitted to be carried forward in accordance with regulations”
b) To amend and supplement Clause 3 as follows:
“3. The finalization of completed projects shall comply with the Government's Decree No. 193/2026/ND-CP dated June 1, 2026, on finalization of project investment capital, and Circular No. 73/2026/TT-BTC dated June 25, 2026, of the Ministry of Finance, providing for the system of forms used in the finalization of project investment capital”.
15. To amend and supplement Clauses 1, 5 Article 20 as follows:
a) To amend and supplement Points a, b and c Clause 1 as follows:
“a) Quarterly and annual reports on the receipt and use of cash aid.
b) Quarterly and annual reports on the receipt and use of aid in the form of goods and services.
c) Quarterly and annual reports on the accounting and recording of aid as state budget revenues and expenditures.”
b) To amend and supplement Point a Clause 5 as follows:
“a) Quarterly reports: Reporting data shall cover the period from the 15th day of the month preceding the reporting period to the 14th day of the last month of the quarter of the reporting period”.
c) To amend and supplement Points a, b Clause 6 as follows:
“a) Quarterly reports shall be submitted no later than the 25th day of the last month of the reporting period.
b) For annual reports, reports shall be submitted no later than February 18 of the subsequent year for the reporting period from January 1 to January 31 of the subsequent year.”
d) To amend and supplement Clause 8 as follows:
“8. Method of report submission: Managing agencies shall submit reports online via the Ministry of Finance's Information and Reporting System. In case this system has not yet been put into operation, the managing agencies shall submit electronic reports via the Document and Administration System.”
16. To amend and supplement a number of points, clauses of Article 21 as follows:
a) To amend Point d Clause 1 as follows:
“d) Method of report submission: The provincial-level Departments of Finance shall submit reports online via the Ministry of Finance's Information and Reporting System. In case this system has not yet been put into operation, Departments of Finance shall submit electronic reports via the Document and Administration System.”
b) To amend and supplement the first paragraph of Clause 2 as follows:
“2. The State Treasury shall submit the following quarterly and annual reports to the Ministry of Finance for aid constituting central budget revenues or to the provincial-level Departments of Finance for aid constituting local budget revenues:”
c) To amend and supplement Point b Clause 2 as follows:
“b) The contents of reports on data concerning the accounting and recording of state budget revenues and expenditures, detailed for each programme, project and non-project aid, shall include: Opening balance of the account for receipt of aid, value of aid received during the period, and value of aid accounted for and recorded as state budget revenues and expenditures during the period.”
d) To amend and supplement Point c Clause 2 as follows:
“c) Reporting data closing time and reporting deadlines:
Quarterly reports: Reporting data shall cover the period from the 15th day of the month preceding the reporting period to the 14th day of the last month of the quarter of the reporting period, the reporting deadline shall be no later than the 25th day of the last month of the reporting period; Annual reports shall cover the period from January 1 of each year to January 31 of the subsequent year, the reporting deadline shall be no later than February 28 of the subsequent year.”
dd) To amend and supplement the first paragraph of Point dd Clause 2 as follows:
“dd) Method of report submission:
For aid constituting central budget revenues, the State Treasury shall submit reports online via the Ministry of Finance's Information and Reporting System. In case this system has not yet been put into operation, the agency shall submit electronic reports via the Document and Administration System.”
17. To amend and supplement the first paragraph of Article 22 as follows:
“On a monthly basis, before the 5th day of the subsequent month, the commercial bank where the project owner opens an account for receipt of cash aid shall prepare a report on state budget revenue and expenditure transactions conducted through the account for receipt of cash aid during the month and submit it to the managing agency for aid amounts falling within the expenditure responsibilities of the central budget, or to the People's Committee of the province or city for aid amounts falling within the expenditure responsibilities of the provincial budget.”
Article 2. Implementation provisions
1. This Circular takes effect on October 01, 2026;
2. To replace Forms No. 01, 02 and 03 of Appendix 01 and Form No. 02 of Appendix 02 to Circular No. 23/2022/TT-BTC with Forms No. 01, 02, 03 and 04 of the Appendix to this Circular;
3. To annul Clause 6 Article 3; Point b Clause 5 Article 20; Clause 6 Article 22, Article 23 and Article 24 of Circular No. 23/2022/TT-BTC;
4. For any difficulties arising in the course of implementation, the Ministry of Finance shall, based on other agencies’ feedback, amend and supplement accordingly./.
| | FOR THE MINISTER THE DEPUTY MINISTER Tran Quoc Phuong |
* All Appendices are not translated herein.
Vietnamese
