CIRCULAR

PRESCRIBING MANAGEMENT AND USE OF REVENUES FROM CONSTRUCTION CONSULTANCY AND PROJECT MANAGEMENT ACTIVITIES OF INVESTORS AND MANAGEMENT BOARDS OF PROJECTS FUNDED BY PUBLIC INVESTMENT CAPITAL

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

 Pursuant to the Government’s Decree No. 99/2021/ND-CP dated November 11, 2021 prescribing management, disbursement, payment and final statement of investment funds for projects funded by public investment capital;

Pursuant to the Government’s Decree No. 60/2021/ND-CP dated June 21, 2021 prescribing mechanism for exercising autonomy of public service providers;

Pursuant to the Government’s Decree No. 15/2021/ND-CP dated March 03, 2021 on elaboration of regulations on management of construction projects;

Pursuant to the Government’s Decree No. 10/2021/ND-CP dated February 09, 2021 on management of construction costs;

Pursuant to the Government’s Decree No. 40/2020/ND-CP dated April 06, 2020 providing guidelines for implementation of the Law on public investment;

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

At the request of the Director of the Investment Department;

The Minister of Finance of Vietnam promulgates a Circular prescribing management and use of revenues from construction consultancy and project management activities of investors and management boards of projects funded by public investment capital.

Article 1. Scope and regulated entities

1. Scope:

a) This Circular provides regulations on management and use of revenues from construction consultancy and management of public investment capital-funded projects of investors and project management boards.

b) Management and use of revenues and expenses of investment projects which are not funded by public investment capital of investors and project management boards shall not be governed by this Circular.

2. Regulated entities: Investors, project management boards established by investors, management boards of specialized projects or regional projects funded by public investment capital that are established in accordance with Government's Decrees, and other organizations and individuals involved in management and use of revenues from construction consultancy and management of public investment capital-funded projects.

3. Investors and management boards of projects funded by official development assistance (ODA) and concessional loans from donors shall manage and use revenues from construction consultancy and management of projects in accordance with international treaties or agreements concluded with donors on ODA or concessional loans, and current regulations on management and use of ODA loans and concessional loans. In case such documents and regulations are not available, the provisions of this Circular shall prevail.

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1. Received payment of management expenditures of the assigned project.

2. Revenues from provision of consultancy for the assigned project.

3. Revenues from provision of consultancy and management services of projects other than the assigned project (under contract).

4. Other lawful revenues as prescribed by law (if any).

Article 3. Use of revenues

1. The investor or project management board established by the investor (except specialized or regional project management boards) shall comply with the financial mechanism of the unit that is assigned to perform tasks of the investor. The investor may also consider giving approval for separate estimates of project management expenditures and revenues if deemed necessary.

Based on management contents or workload as well as responsibilities divided between the investor and the project management board, the investor shall decide to share revenues from project management activities between the investor and the project management board (if any). The revenue sharing percentage must be specified in the investor’s decision to establish the project management board or written assignment of tasks to the project management board.

2. Specialized or regional project management boards shall use revenues specified in Article 2 of this Circular in accordance with the provisions of the Government's Decree No. 60/2021/ND-CP dated June 21, 2021 and its guiding documents.

3. The investor and project management board shall fully declare and pay taxes, fees and charges in respect of revenues which are not recorded as investment costs of the assigned project in accordance with regulations of law on taxes, fees and charges.

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5. Distribution of annual project management expenditures:

In case the investor or project management board directly manages 02 or more projects, project management expenditures shall be annually distributed to assigned projects, and reported to the superior managing authority according to the following rules:

a) Specific management expenditures of a project shall be separately distributed to that project.

b) Other management expenditures shall be distributed among the projects according to their project management workload proportions.

6. Final statement:

a) The investor or project management board that manages 01 project only shall, upon completion of the assigned project, shall prepare and submit the final statement of project management expenditures enclosed with expenditure payment receipts and final statement of public investment capital for the finished project to the authority in charge of final statement verification. The authority in charge of final statement verification shall examine and check the legitimacy and validity of expenditure payment receipts of administrative agencies and public service providers and submit reports thereof to the authority that has the power to approve investment capital statement for approval which is given in the approval for investment capital statement of the finished project.

b) In case an investor or project management board directly manages 02 or more projects, upon completion of each assigned project, the final statement of project management expenditures of that project shall include the values of project management expenditures annually distributed to that project with approval from superior managing authority (if any).

c) Total expenditures (including project management expenditures, consulting service charges and other expenditures of the investor or project management board) relating to the assigned project specified in the statement shall not exceed the approved (or adjusted) expenditure values included in total investment (or estimated costs) of the project.

Article 4. Trading accounts

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2. The project management board shall open a deposit account at the State Treasury or commercial bank for managing revenues from construction consultancy and project management of other projects and other revenues which are not related to the assigned project, and funds established in accordance with regulations.

3. In case the investor or project management board that earns revenues from construction consultancy and project management of other projects and other revenues which are not related to the assigned project wishes to change its trading account, procedures for such change shall be followed in accordance with this Circular.

Article 5. Responsibilities of relevant units

1. Investors and Directors of project management boards shall assume the whole responsibility for managing and using revenues from construction consultancy and management of public investment capital-funded projects in accordance with regulations of laws on state budget, public investment and construction.

2. State Treasuries shall control payments of revenues from construction consultancy and management of public investment capital-funded projects of investors and project management boards according to the Government’s Decree No. 99/2021/ND-CP dated November 11, 2021.

3. Ministries, central government authorities, and provincial governments shall carry out periodical or unscheduled inspection of management and use of revenues from construction consultancy and management of public investment capital-funded projects of investors and project management boards under their management.

Article 6. Transitional provision

1. Investors that are assigned by investment decision-making authorities to manage projects, project management boards established by investors, management boards of specialized or regional investment projects shall continue complying with the approved estimates of project management expenditures and revenues in 2021 until the end of the budget year of 2021, and make final statements of project management expenditures and revenues in 2021 according to the provisions of the Circular No. 72/2017/TT-BTC dated July 17, 2017 of the Minister of Finance of Vietnam and the Circular No. 06/2019/TT-BTC dated January 28, 2019 of the Minister of Finance of Vietnam.

2. Settlement of unused funding:

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If funding for a task is included in the approved estimate of expenditures and revenues of 2021 but the task has been not yet performed or in progress and will be performed in 2022, the corresponding funding for such task must be determined, carried forward to 2022 and included in the estimate of expenditures and revenues of 2022.

The funding that remains as at January 31, 2021 shall be returned to state budget and recorded as a decrease in disbursed amounts of investment capital of the corresponding project.

b) With regard to management boards of specialized or regional investment projects:

If funding for recurrent operating expenditures is included in the approved estimate of expenditures and revenues of 2021 but the task has been not yet performed or in progress and will be performed in 2022, the corresponding funding for such task must be determined, carried forward to 2022 and included in the estimate of expenditures and revenues of 2022.

With regard to funding for non-recurrent operating expenditures: Adjustment of expenditures, tasks, funding that is unused or remains at the end of year shall comply with regulations of the Law on state budget and relevant guiding documents.

Balance of funds shall be treated according to the provisions of the Government’s Decree No. 60/2021/ND-CP dated June 21, 2021 and its guiding documents.

Article 7. Effect

1. This Circular comes into force from January 24, 2022 and repeals the following Circulars:

a) The Circular No. 72/2017/TT-BTC dated July 17, 2017 of the Minister of Finance of Vietnam.

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2. If legislative documents referred to in this Circular are amended, supplemented or superseded, the new ones shall apply.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance of Vietnam for consideration./.

PP. MINISTER
DEPUTY MINISTER




Ta Anh Tuan

Thông tư 108/2021/TT-BTC quy định về quản lý, sử dụng các khoản thu từ hoạt động tư vấn, quản lý dự án của các chủ đầu tư, ban quản lý dự án sử dụng vốn đầu tư công do Bộ trưởng Bộ Tài chính ban hành