Chương VIII Nghị định 15/2015/NĐ-CP: Quyết toán và chuyển giao công trình dự án

Chapter VIII

FINAL SETTLEMENT AND TRANSFER OF THE PROJECT

Article 53. Final settlement of the project

1. Within 06 months from the day on which the project is completed, the investor shall carry out the final settlement of the investment capital used for the project development.

2. The competent agencies shall negotiate with the investors for the selection of an independent auditing organization that has proper capacity and experience to audit the value of investment capital used for the project construction.

3. Ministry of Finance is in charge of providing guidance on the implementation of the regulations on the final settlement of project value according to the regulation laid down in this Article.

Article 54. Transfer of the project

1. For the project contract that has terms and conditions concerning the transfer of the project, the regulatory agencies and investors shall obtain agreements about the conditions and procedures for project transfer in the project contract.

2. The transfer of the project shall comply with the following conditions and procedures:

a) One year before the date of transfer or within the time limit specified in the project contract, investors, project enterprises shall make the public announcement about the transfer of works, procedures and time limits for completing all contractual rights and obligations as well as debt repayment;

b) The regulatory agencies shall inspect the quality, value, condition of the project under the terms and conditions of the project contract, make a list of assets to be transferred, determine any loss or damage (if any), and request the project enterprises to repair and maintain the project;

c) Investors, project enterprises shall ensure that the transferred asset is not collateralized for the fulfillment of the financial obligations or other obligations of the investors, project enterprises that may arise before the date of transfer, unless otherwise agreed in the project contract;

d) Project enterprises are responsible for technology transfer, training and the periodical maintenance and the overhaul in order to ensure the normal technical conditions of the project in accordance with the requirements defined in the project contract;

dd) After taking over the project, the regulatory agency shall carry out the management and operation of such project inside their area of competence.