Circular No. 45/2004/TT-BTC dated May 21, 2004 of the Ministry of Finance amending and supplementing a number of points of the Finance Ministry's Circular No. 44/2003/TT-BTC dated May 15, 2003 guiding the management and payment of investment capital and non-business capital of investment and construction nature belonging to the state budget capital source

CIRCULAR

AMENDING AND SUPPLEMENTING A NUMBER OF POINTS OF THE FINANCE MINISTRY'S CIRCULAR NO. 44/2003/TT-BTC OF MAY 15, 2003 GUIDING THE MANAGEMENT AND PAYMENT OF INVESTMENT CAPITAL AND NON-BUSINESS CAPITAL OF INVESTMENT AND CONSTRUCTION NATURE BELONGING TO THE STATE BUDGET CAPITAL SOURCE

Pursuant to December 16, 2002 Law No. 01/2002/QH11 on the State Budget;

Pursuant to the Government's Decree No. 52/1999/ND-CP of July 8, 1999 promulgating the Investment and Construction Management Regulation, Decree No. 12/2000/ND-CP of May 5, 2000 and Decree No. 07/2003/ND-CP of January 30, 2003 amending and supplementing a number of articles of the Investment and Construction Management Regulation;

On the basis of the Prime Minister's opinions in the Government Office's Official Dispatch No. 131/VPCP of January 8, 2004 on administrative procedures in the management, payment and settlement of capital for planning work;

The Finance Ministry hereby amends and supplements a number of articles of its Circular No. 44/2003/TT-BTC of May 15, 2003 guiding the management and payment of investment capital and non-business capital of investment and construction nature belonging to the State budget capital source as follows:

1. Point 10, Section IV, Clause B of Part II is supplemented with the following:

"- The following projects shall not be permitted to retain, pending settlement, 5% of the annual investment capital under their payment plans:

+ Planning projects;

+ Investment preparation projects;

+ Projects under the program on planting of 5 million new hectares of forests (excluding investment capital for building infrastructures, including forest protection stations, prevention and fight of forest fires and pests, construction of nursery gardens' capitalized at over VND 100 million).

+ Projects under the following national target programs: Program 135, the poverty elimination and hunger alleviation and employment program, the cultural program, the rural clean water and environmental sanitation program, the population and family planning program, the program on prevention and control of a number of social diseases, dangerous epidemics and HIV/AIDS;

+ Projects financed with non-business capital for geological, educational, road and railway services, which are being carried out under the provisions of joint circulars between the Finance Ministry and other specialized ministries (except for overhaul capital);

+ Projects for which capital plans have been allocated only for retrieval of capital already advanced by the finance agencies;

+ Projects under the program for solidification of school buildings and classrooms under the guidance of the Finance Ministry's Circular No. 58/2003/TT-BTC of June 1, 2003."

2. To add the new point 11 to Section IV, Clause B of Part II, and accordingly change Point 11 and Point 12 into Point 12 and Point 13, Section IV, Clause B of Part II, specifically as follows:

"11. For planning projects which have been completed and pre-acceptance tested but not yet approved by competent authorities (in case of final payment associated with approval of planning blueprints), if by the end of the plan year they have not yet been approved, their planned capital amounts which are not yet paid shall be transferred into the State treasuries' custody accounts for further payment.

12. The capital amount paid for each job or construction item must not exceed the cost estimate or the bid-winning price; the total capital amount paid to a project must not exceed the approved total cost estimate and total investment amount.

The capital amount paid to a project in a year (including both advance capital and capital paid for completed volumes) must not exceed the whole year's capital plan already notified to the projects.

13. For extremely important projects requiring a capital-advancing and -paying mechanism other than the above provisions, after consulting competent authorities, the Finance Ministry shall issue separate guiding documents."

This Circular takes effect 15 days after its publication in the Official Gazette.