Circular 15/2021/TT-BTC reporting regimes and forms on the implementation and payment of public investment funds

CIRCULAR

Prescribing reporting regimes and forms on the implementation and payment of public investment funds

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Pursuant to the Law on Public Investment dated June 13, 2019;

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

Pursuant to the National Assembly Standing Committee’s Resolution No. 973/2020/NQ-UBTVQH14 dated July 8, 2020, stipulating the principles, criteria and norms for allocating public investment funds using the state budget for the period of 2021-2025;

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

Pursuant to the Government’s Decree No. 09/2019/ND-CP dated January 24, 2019, prescribing reporting regimes applicable to state administrative agencies;

Pursuant to the Government’s Decree No. 40/2020/ ND-CP dated April 06, 2020, detailing a number of articles of the Law on Public Investment;

Pursuant to the Government’s Decree No. 56/2020/ND-CP dated May 25, 2020, on management and use of official development assistance and concessional loans of foreign donors;

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

At the request of the Director of the Department of Investment;

The Minister of Finance promulgates a Circular prescribing reporting regimes and forms on the implementation and payment of public investment funds.

Chapter 1
GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation: This Circular regulates the reporting regimes and forms on the implementation and payment of public investment funds (including state budget funds and funds from lawful revenues of state agencies or public non-business units which are reserved for investment in accordance with the law) under the medium-term and annual plans.

2. Subjects of application:

a) Agencies, organizations and individuals implementing the reporting regimes and forms on the implementation and payment of medium-term and annual public investment funds within the scope of regulation of this Circular.

b) Relevant agencies, organizations and individuals.

Article 2. Types of reports

1. Scheduled reports: mean reports to meet the needs for integrated information on the implementation and payment of medium-term and annual public investment funds, implemented for a specified cycle and repeated many times, including monthly reports, annual reports, mid-term reports on medium-term investment, full-term reports on medium-term investment.

- The actual accrued settlement of public investment funds of 3 months in the April report is also the fund payment results of the first quarter of the planning year.

- The actual accrued settlement of public investment funds of 6 months in the July report is also the fund payment results of the second quarter of the planning year.

- The actual accrued settlement of public investment funds of 9 months in the October report is also the fund payment results of the third quarter of the planning year.

- The actual accrued settlement of public investment funds of 12 months in the January report of the year following the planning year is also the fund payment results of the fourth quarter of the planning year.

2. Specialized reports and unscheduled reports: mean reports to meet the management needs of competent authorities, the specialized reporting information on specific topic or unexpected problem related to the implementation, payment of medium-term and annual public investment funds and implemented once or more than once during a given period.

Article 3. Principles for implementing the reporting regime

1. The agencies and units shall report the implementation and payment of medium-term and annual public investment funds on the basis of the allocated annual and medium-term public investment fund plan in accordance with the Law on Public Investment and its guiding documents.

2. The agencies and units shall report the implementation and payment of medium-term and annual public investment funds with complete content, accuracy, honesty, and on time as prescribed in this Circular. The report needs to clearly explain the problems, difficulties, obstacles, and factors affecting the implementation of the plan assignment and payment of public investment funds according to the plan; propose solutions related to the management and payment of public investment funds; ensure adequate provision of information to serve the management of competent state agencies and relevant agencies, organizations and individuals.

3. The list of projects (including investment projects, investment preparation tasks (projects or expenses), planning tasks), funds allocated to each sector, field, program, project, of each ministry, ministerial-level agency, Government-attached agency, other central agency, policy banks (hereinafter referred to as ministries, central agencies) and localities shall ensure compliance with the competent authorities’ decisions on assignment of fund plans (including medium-term plans, annual plans, additional plans, extended plans, revised plans, advance fund plans if any).

In case the fund to balance local budgets that are assigned by the People's Councils at all levels increases compared to the plan assigned by the National Assembly or the Prime Minister, the localities must clearly report the increased allocated fund source and fully summarize it in the report (in the column on fund plan of local governments under forms hereof).

The ministries and central agencies; People's Committees of provinces and centrally run cities (hereinafter referred to as Provincial-level People’s Committees) shall report all sources of public investment funds managed by the ministries, central agencies and localities including capital sources controlled and paid through State Treasuries at all levels and fund sources assigned to control and pay by other units according to regulations.

4. In case the ministries, central agencies and localities do not make reports with complete content and on time as prescribed in this Circular, the Ministry of Finance shall synthesize and report to the competent authorities for consideration and handling in accordance with law.

5. The information technology shall be applied in the implementation of the reporting regimes, meeting the requirements of the national reporting information system.

Chapter II

SPECIFIC PROVISIONS

Article 4. Scheduled reports on the implementation and payment of annual public investment funds

1. Report title: “Report on the implementation and payment of public investment funds of the plan in...”.

2. Reporting contents:

a) On a monthly basis, the units shall submit reports on accrued results of payment of public investment funds until the end of the previous month, and estimate the results of payment of public investment funds until the end of the reporting month according to each funding source of the plan assigned in the year, fund plans of the previous years permitted by competent authorities to extend the implementation and payment time within the planning year, and advance fund plans, if any.

On a 6-monthly basis or annual basis, the units shall report in detail the list of projects using central budget fund by funding source, sector, field, and program in accordance with Point b, Clause 2, Article 45 of Decree No. 40/2020/ND-CP dated April 06, 2020 of the Government, detailing a number of articles of the Law on Public Investment (hereinafter referred to as Decree No. 40/2020/ND-CP).

For national target programs, only report the total amount of each funding source (domestic funds, official development assistance (ODA) loans and concessional loans from foreign donors (hereinafter referred to as foreign funds)) of each program.

b) Evaluate the outcomes; difficulties, obstacles; causes of difficulties and obstacles leading to slow payment of public investment funds during the year; propose solutions and recommendations.

3. Reporting agencies

a) Ministries, central agencies, and Provincial-level People’s Committees.

b) Central State Treasury (hereinafter referred to as State Treasury), Provincial (City) State Treasury.

4. Receiving agencies:

a) Reports of the ministries, central agencies, and Provincial-level People’s Committees: The Ministry of Finance and the Ministry of Planning and Investment shall be receiving agencies.

b) Reports of the State Treasury: The ministries and central agencies; the Ministry of Finance (the Department of Investment, the Department of Finance for National Defense, Security and Special Affairs (Department I), the Department of Debt Management and External Finance, the Department of Banking and Financial Institutions) shall be receiving agencies,

c) Reports of the Provincial (City) State Treasury: The State Treasury, the Provincial-level People’s Committee, the Department of Finance, and the Department of Planning and Investment shall be receiving agencies.

5. Time limit for submitting reports:

a) The ministries, central agencies, Provincial-level People’s Committees, and the State Treasury shall submit scheduled reports on a monthly basis and annual basis to receiving agencies before the time limit specified at Point c, Clause 1, Article 45 of Decree No. 40/2020/ND-CP, specifically as follows:

Monthly reports: Submit reports before the 15^th day of the reporting month. For the report on the actual accrued settlement of public investment funds of 12 months, estimated payment for 13 months, submit reports before January 15 of the year following the planning year.

Annual reports (13-month report): Before February 28 of the year following the planning year.

b) The Provincial (City) State Treasury must submit scheduled reports on a monthly basis and annual basis to the State Treasury according to the following time limit:

Monthly reports: Before the 13^th day of the reporting month. For the report on the actual accrued settlement of public investment funds of 12 months, estimated payment for 13 months, submit reports before January 13 of the year following the planning year.

Annual reports (13-month report): Before February 20 of the year following the planning year.

6. Model outline of the report: Form No. 01/TTKHN issued together with this Circular.

7. Forms of report data: Forms No. 01a/TTKHN, 01b/TTKHN, 01c/TTKHVU, 01d/TTKHVU.

a) On a monthly basis, the units shall submit reports on accrued results of payment of public investment funds until the end of the previous month, and estimate the results of payment of public investment funds until the end of the reporting month according to the Form No. 01a/TTKHN and the Form No. 01c/TTKHVU (if any advance is made in the year).

In the case of July, in addition to monthly reports using the Form No. 01a/TTKHN and the Form No. 01c/TTKHVU (if any advance is made in the year), the units shall submit reports on the accrued results of payment of public investment funds for 6 months from the central budget, detailing the project according to the Form No. 01b/TTKHN and the payment and recall of advance funds for 06 months according to the Form No. 01d/ TTKHVU.

b) On an annual basis, the unit shall submit reports on the accrued results of payment of public investment funds for 13 months from the central budget, detailing the project according to the Form No. 01b/TTKHN and the payment and recall of advance funds according to the Form No. 01d/ TTKHVU.

Article 5. Scheduled reports on the implementation and payment of mid medium-term and full medium-term public investment funds

1. Report title: "Report on the results of payment of mid medium-term and full medium-term public investment funds".

2. Reporting contents:

a) Report on the implementation and payment of mid medium-term and full medium-term public investment funds, detailing the list of projects using central budget funds by sectors, fields, and programs. Particularly for national target programs, only report the total amount of each funding source (domestic funds and foreign funds) of each program.

- For mid-term reports on medium-term investment: Report on the results of payment of public investment funds from the beginning of the medium-term to the end of the second quarter of the third year of the medium-term public investment plan.

- For full-term reports on medium-term investment: Estimated report on the results of fund payment from the beginning of the medium-term to the end of the final year of the medium-term public investment plan.

b) Evaluate the outcomes; difficulties and obstacles (if any); causes of obstacles leading to slow payment of the mid medium-term and medium-term public investment funds, propose solutions and recommendations.

3. Reporting agencies:

a) Ministries, central agencies, and Provincial-level People’s Committees.

b) State Treasury, Provincial (City) State Treasury.

4. Receiving agencies:

a) Reports of the ministries, central agencies, and Provincial-level People’s Committees: The Ministry of Finance and the Ministry of Planning and Investment shall be receiving agencies.

b) Reports of the State Treasury: The ministries and central agencies; the Ministry of Finance (the Department of Investment, the Department of Finance for National Defense, Security and Special Affairs (Department I), the Department of Debt Management and External Finance, the Department of Banking and Financial Institutions) shall be receiving agencies.

c) Reports of the Provincial (City) State Treasury: The State Treasury, the Provincial-level People’s Committee, the Department of Finance, and the Department of Planning and Investment shall be receiving agencies.

5. Time limit for submitting reports:

a) The ministries, central agencies, Provincial-level People’s Committees, and the State Treasury shall submit scheduled reports for mid medium-term and full medium-term to receiving agencies before the time limit specified at Points a, b, Clause 1, Article 45 of Decree No. 40/2020/ND-CP, specifically as follows:

Mid medium-term reports: Before July 31 of the third year of the medium-term public investment plan.

Full medium-term reports: Before July 31 of the fifth year of the medium-term public investment plan.

b) The Provincial (City) State Treasury must submit scheduled reports for mid medium-term and full medium-term to the State Treasury according to the following time limit:

Mid medium-term reports: Before July 20 of the third year of the medium-term public investment plan.

Full medium-term reports: Before July 20 of the fifth year of the medium-term public investment plan.

6. Model outline of the report: Form No. 02/TTKHTH issued together with this Circular.

7. Forms of report data: Form No. 02/TTKHTH.

Article 6. Specialized reports and unscheduled reports

In order to meet management demands of competent authorities in budget direction and administration or serve the management, direction and administration of public investment fund plans; the Ministry of Finance shall submit written request to the ministries, central agencies and localities to implement specialized or unscheduled reporting regime.

Structures, contents, methods, terms of report, time for collecting figures, duration of report, report recipients, and other relevant details shall be guided in documents of the Ministry of Finance.

Article 7. Methods of sending and receiving reports

The agencies and units shall submit reports by one of the following methods:

1. Electronic reports shall be submitted via document and operation system, report information system of the Ministry of Finance or other methods as prescribed by law (at the same time submit report files via email system to [email protected]).

2. Physical reports (for agencies and units that have not yet received and submitted electronic reports).

Article 8. Responsibilities of agencies in implementation

1. Responsibilities of the Ministry of Finance:

a) On a monthly basis, 6-monthly basis, annual basis, mid-term basis and full medium-term basis, the Ministry of Finance shall synthesize and report to the Prime Minister and send to the Ministry of Planning and Investment on the implementation and payment of investment fund from the state budget of agencies and units according to the Form No. 03/BTC issued with this Circular. The time limit for report submission shall conform to Article 45 of Decree No. 40/2020/ND-CP dated April 6, 2020 of the Government detailing a number of articles of the Law on Public Investment

Based on the reporting situation of agencies and units, the management and direction demands of the Government, the Prime Minister, the Ministry of Finance shall make reports according to other forms in compliance with the law.

b) Publicize information on the monthly implementation and payment of public investment funds from the state budget by ministries, central agencies and localities on the national reporting information system and mass media.

c) Organize inspection and control of the implementation of reporting regime on implementation and payment of public investment funds at ministries, central agencies, localities, and investors to advise the Government on solutions to speed up the payment progress of investment funds of the projects, and propose measures to handle violations in the management and use of public investment funds (if any).

d) Analyze and evaluate the results of implementation and payment of public investment funds of ministries, central agencies and localities; according to assigned authority or advise the Prime Minister to promptly direct and remove difficulties and obstacles for ministries, central agencies and localities to serve the direction and administration of the budget.

2. Responsibilities of the ministries and central agencies:

a) Submit scheduled reports on the implementation and payment of medium-term and annual public investment funds according to the time and content specified in this Circular to the Ministry of Finance and the Ministry of Planning and Investment. Assume responsibilities to the Government and the Prime Minister for implementation results and accuracy of reporting figures.

b) Comply with the specialized and unscheduled reporting regimes at request of the Ministry of Finance; report on existing problems, difficulties, obstacles, and factors affecting the plan assignment and timely payment of public investment funds.

Propose to the Ministry of Finance, Ministry of Planning and Investment and relevant ministries on measures to speed up the payment progress of public investment funds and measures to handle violations of investors in the management and use of investment funds and advance funds according to the regime (if any).

c) Request the investor to review and compare fund payment figures of projects with the State Treasury where the transaction is made to summarize and submit report to the managing agency on the implementation of the public investment fund plan in accordance with the law.

In case a ministry or central agency acts as the managing agency of ODA projects or preferential loans: Require the investors to return proof of foreign funds withdrawn in form of special accounts that have been subject to expenditure control and submit to Ministry of Finance to sign application for fund withdrawal and proof return.

d) Direct the organization of inspections of investors and project management units on the implementation of public investment fund plans, implementation of reporting regime on implementation and payment of public investment funds in accordance with this Circular to take measures to direct investors to promptly remove difficulties and obstacles in planning, implementation, and payment of public investment funds, accelerate the progress of implementation and payment of funds of investment projects.

2. Responsibilities of Provincial-level People’s Committees:

a) Submit scheduled reports on the implementation and payment of medium-term and annual public investment funds according to the time and content specified in this Circular to the Ministry of Finance and the Ministry of Planning and Investment. Assume responsibilities to the Government and the Prime Minister for implementation results and accuracy of reporting figures.

b) Comply with the specialized and unscheduled reporting regimes at request of the Ministry of Finance; report on existing problems, difficulties, obstacles, and factors affecting the plan assignment and timely payment of public investment funds.

Propose to the Ministry of Finance, Ministry of Planning and Investment and relevant ministries on measures to speed up the payment progress of public investment funds and measures to handle violations of investors in the management and use of investment funds and advance funds according to the regime (if any).

In case the Provincial-level People’s Committee acts as the managing agency of ODA projects and preferential loans: Require the investors to return proof of foreign funds withdrawn in form of special accounts that have been subject to expenditure control and submit to Ministry of Finance to sign application for fund withdrawal and proof return.

c) Direct the Department of Finance to assume the prime responsibility for, and coordinate with the Department of Planning and Investment, the State Treasury of the province (city) and relevant units in organizing inspections of investors and management boards on the implementation of public investment fund plans, implementing the regime of reporting on the implementation and payment of public investment funds to develop timely investment guidelines for dealing with difficulties and obstacles in the plan assignment, implementation, and payment of public investment funds, especially compensation and resettlement support, thereby accelerating the progress of implementation and payment of funds of investment projects.

4. Responsibilities of the State Treasury:

a) Summarize reports on the implementation and payment of public investment funds of projects managed by the ministries, central agencies and localities; submit reports to the ministries, central agencies, and the Ministry of Finance on time and with the content specified in this Circular. Carry out specialized reports and unscheduled reports at the request of the Ministry of Finance.

b) Guide and direct the State Treasury of the province (city) to implement the regime of reporting on the implementation and payment of public investment fund sources within the time limit and contents under this Circular.

c) Responsible to the Minister of Finance for the accuracy of aggregate data on the implementation and payment of public investment fund sources.

5. Responsibilities of the Department of Finance:

a) Coordinate with the Department of Planning and Investment in reporting the implementation and payment of public investment funds on the basis of the medium-term and annual public investment fund plan allocated to programs and projects to ensure the right industries and fields in order of priority in accordance with the Law on Public Investment and the Resolution of the National Assembly Standing Committee stipulating the principles, criteria and norms for allocating public investment funds using the state budget for the period of 2021-2025 (including medium-term plans, annual plans, additional plans, extended plans, revised plans, advance fund plans if any).

b) Coordinate with the Provincial (City) State Treasury and Department of Planning and Investment to review planned fund data and monthly public investment fund payments to uniformly report to the Provincial-level People’s Committee to review and report to the Ministry of Finance and the Ministry of Planning and Investment in accordance with the law.

c) Assume the prime responsibility for, and coordinate with the Department of Planning and Investment, State Treasury of the province (city) and relevant units in inspecting investors and project management units in the implementation of public investment fund plans; advise the Provincial-level People’s Committee on solutions to accelerate the payment progress of public investment funds of projects, and measures to handle violations in the management and use of public investment funds (if any).

6. Responsibilities of the Provincial (City) State Treasury:

a) Summarize reports on the implementation and payment of public investment funds of projects under local management (after reviewing and agreeing on the number of plans and payment of public investment funds with the Department of Finance, the Department of Planning and Investment) and projects under ministries and central agencies managed in the province by the Provincial-level People’s Committee, the State Treasury, the Department of Finance, the Department of Planning and Investment on time and content specified in this Circular.

b) Responsible to the Minister of Finance, the Provincial-level People’s Committee, and the General Director of the State Treasury for the accuracy of aggregate data on the implementation and payment of public investment fund sources. Review and compare payment figures with financial agencies and investors to ensure timely and accurate data provision.

c) Direct the District State Treasury to coordinate with the district-level Department of Finance and Planning and investors to compare reporting data on medium-term and annual capital plans, payment data for detailed public investment fund sources of the projects, promptly adjust to comply with the regulations.

7. The agencies, units, and investors of the ministries, central agencies, and localities shall prepare reports on the implementation and payment of medium-term and annual public investment funds under their management units and levels in accordance with the reporting criteria specified in the forms in this Circular, submit to the superior agencies for synthesis and reporting in accordance with the law.

Chapter III
IMPLEMENTATION PROVISIONS

Article 9. Effect

This Circular takes effect from April 5, 2021 and replaces Circular No. 82/2017/TT-BTC dated August 15, 2017 of the Ministry of Finance stipulating the reporting regimes and forms on the implementation and payment of public investment fund plans.

Article 10. Implementation organization

1. The ministries, central agencies and localities, relevant organizations and individuals shall be responsible for implementing this Circular.

2. The difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for consideration and revision./.

* All Appendices are not translated herein.