THE MINISTRY OF FINANCE
Circular No. 05/2014/TT-BTC dated January 06, 2014 of the Ministry of Finance promulgating the management and use of revenue from project management activities of investors, project management units of the state budget and Government’s bond-fund projects
Pursuant to the Government’s Decree No. 60/2003/ND-CP dated 06/6/2003, detailing and guiding implementation of Law on state budget No. 01/2002/QH11;
Pursuant to Government’s Decrees: No. 12/2009/ND-CP dated 12/02/2009, on management of investment projects on the construction of works; No. 83/2009/ND-CP dated 15/9/2009, on amending and supplementing a number of Articles of Government’s Decree No. /2009/ND-CP dated 12/02/2009, on management of investment projects on the construction of works; No. 112/2009/ND-CP dated 14/12/2009, on management of work construction investment expenses;
Pursuant to Government’s Decree No. 43/2006/ND-CP dated 25/4/2006, providing for the right to autonomy and self-responsibility for task performance, organizational apparatus, payroll and finance of public non-business units;
Pursuant to the Government’s Decree No. 215/2013/ND-CP dated 23/12/2013, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
In furtherance of official dispatch No. 7092/VPCP-KTTH dated 11/9/2012 of Government’s Office on regulations on salary of project management units of the state budget-funded construction investment projects; official dispatch No. 10661/VPCP-KTTH dated 26/11/2012 of Government’s Office on regulations on finance autonomy applied to project management units of construction investment projects;
At the proposal of Director of Investment Department;
The Minister of Finance promulgate Circular provides for the management and use of revenues from project management activities of investors, project management units of the state budget and government’s bond -funded projects,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope and subjects of regulation
1. Scope of regulation: This Circular provided for the management and use of revenues from project management activities of investors, project management units (hereinafter abbreviated to PMUs) of state budget and Government’s bond -funded projects.
2. Subjects of regulation: Investors, PMUs, organizations and individuals related to the management, use, inspection, examination, audit, and control over payment from revenues from project management activities of investors, project management units of state budget and Government’s bond -funded projects.
3. The Consultancy enterprises that perform contracts of project management consultancy signed with other investors and PMUs are not subject of regulation under this Circular.
Article 2. Project management’s revenue
Revenues from project management of investors and PMUs include:
1. Revenues from expenses for project management, expenses for management over operations of planning elaboration, expenses for construction investment consultancy in total investment levels of projects assigned for management and implementation under decisions of competent authorities. These revenues will be included in investment expenses of respective projects. The collection level shall comply with current regulations on management of expenses for construction investment consultancy.
2. The revenues from contracts of supplying construction investment consultancy services for other investors (if any) shall comply with law on construction and investment management. These revenues will not be included in investment expenses of projects which they are assigned to manage. The collection levels shall comply with the signed contracts and be not contrary to law.
3. Other revenues: Amounts from sale of bidding dossier and other lawful revenues (if any). These revenues will not be included in investment expenses of projects which they are assigned to manage. The specific collection levels shall not contrary to law.
Article 3. Project management unit’s classification
1. Group I: Being the investment project management units which are established under decisions of investors in order to manage one or several projects of investors and not eligible as Clause 2 this Article (hereinafter abbreviated to group-I PMUs).
2. Group II: Being management units of professional construction projects which are established under decisions of Ministers, Heads of ministerial-level agencies, Heads of other agencies at Central level, Heads of Governmental agencies, chairpersons of the provincial People’s Committees, chairpersons of district-level People’s Committees and Directors of the provincial Departments and sectors (hereinafter abbreviated to group-II PMUs) in order to manage many projects of investors, in areas or fields and have sufficient the following conditions:
