| THE MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom - Happiness |
| No. 149/2007/TT-BTC | Hanoi, December 14, 2007 |
CIRCULAR
GUIDING THE MANAGEMENT AND USE OF STATE BUDGET FUNDS FOR ACTIVITIES OF COMPETENT STATE AGENCIES IN MANAGING INVESTMENT PROJECTS IN THE FORM OF BUILD-OPERATE-TRANSFER, BUILD-TRANSFER-OPERATE OR BUILD-TRANSFER CONTRACTS
Pursuant to State Budget Law No. 01/2002/QH11 of December 16, 2002;
Pursuant to the Governments Decree No. 78/2002/ND-CP of May 11, 2007, on investment in the form of Build-Operate-Transfer, Build-Transfer-Operate or Build-Transfer contracts;
The Ministry of Finance guides the management and use of state budget funds for activities of competent state agencies in managing investment projects in the form of Build-Operate-Transfer, Build-Transfer-Operate or Build- Transfer contracts (below referred to as BOT, BTO or BT contracts for short) as follows;
I. GENERAL PROVISIONS
1. This Circular details the management and use of state budget funds for activities of competent state agencies in managing investment projects in the form of BOT, BTO or BT contracts defined in the Governments Decree No. 78/2007/ND-CP of May 11, 2007.
2. Competent state agencies governed by this Circular are ministries, ministerial-level agencies, government-attached agencies. Peoples Committees of provinces or centrally run cities or their attached agencies which are authorized to conclude project contracts.
3. Expenses for the above competent state agencies are all necessary expenses for them to perform specific jobs of managing the execution of BOT, BTO or BT projects and fulfilling other obligations defined in project contracts in accordance with law.
4. State budget funds for competent state agencies activities shall be incorporated in annual plans on state management expenditures of ministries, ministerial agencies, government-attached agencies, Peoples Committees of provinces and centrally run cities (below referred to as ministries and provincial-level Peoples Committees) that have BOT, BTO or BT projects.
5. The State Treasury shall control expenses; competent state agencies shall ensure that state budget funds are used for proper purposes, economically and effectively according to state regulations on financial management and the provisions of this Circular.
II. SPECIFIC PROVISIONS
1. Competent state agencies activities in managing the execution of BOT, BTO or BT investment projects and fulfilling other obligations include:
- Making and promulgating lists of projects.
- Making project proposals and bidding dossiers to select investors.
- Organizing bidding to select investors and negotiating project contracts.
- Evaluating the quality of works.
- Activities to fulfill other responsibilities and obligations, including activities of interdisciplinary working groups.
2. Making and approval of expense estimates for activities of competent state agencies:
2.1. Basis for making expense estimates:
+ Expense estimates shall be made annually together with regular expenditure estimates of ministries and provincial-level Peoples Committees.
+ The list of projects approved by a competent authority or proposal for adding a project to the approved list.
+ Project execution plans approved by a competent authority.
2.2. Expenses for activities of competent state agencies:
- Expense for making and promulgating the list of projects to be published on three consecutive issues of a central or local newspaper.
- Expense for hiring consultants to make project proposals and bidding dossiers to select investors.
- Expense for organizing bidding to select investors. If having any revenue from selling bidding dossiers, this expense shall be covered with this revenue under the Finance Ministrys Circular No. 118/2007TT-BTC of October 2, 2007, guiding the management and use of investment project management expenses of state budget-funded projects.
