Chapter VI
PAYMENT, SETTLEMENT OF WORK CONSTRUCTION INVESTMENT CAPITAL
Article 31.- Payment of work construction investment capital
1. Within 7 working days after the receipt of payment proposal and valid dossiers, the capital-allocating or -lending agencies shall pay the investment capital according to written payment proposals of investors (or their lawful representatives) on the basis of the assigned capital plans.
2. Investors (or their lawful representatives) bear responsibility before law for the value of their payment proposals made to the capital-allocating or -lending agencies. In the course of making construction investment capital payments, if detecting errors or irrationalities in the value of payment proposals of investors (or their lawful representatives), the investment capital-allocating or -lending agencies shall immediately notify the investors thereof for the latter to make explanations, supplementation and completion of the dossiers.
3. Investors may demand compensations or file lawsuits to administrative or economic tribunals to claim compensations for the damage caused to them due to the delayed payment by investment capital- allocating or - lending agencies. The investment capital- allocating or - lending organizations and investors are strictly forbidden to set illegal regulations on payment of construction investment capital.
Article 32.- Settlement of work construction investment capital
1. The settled investment capital means the total lawful expenditures invested in the construction and commissioning of works. Lawful expenditures mean expenditures made within the scope of approved design and cost estimates, including adjusted or added portions or the expenditures made in strict accordance with signed contracts and with provisions of law. For works financed by state budget capital, the settled investment capital must lie within the total investment limits already approved by competent authorities.
Depending on the size, nature and construction duration of works, investors may settle the construction investment capital for each work item or the entire work immediately after this work item or work is completed and put into exploitation and use at the request of investment deciders.
2. Investors shall compile dossiers on settlement of investment in completed works, work items for submission to investment deciders for approval, within 12 months for national important projects and group-A projects, 9 months for group-B projects and 6 months for group-C projects, as from the time the works are completed and put to use. Six months after the issuance of decisions approving the settlement of investment capital for completed projects, investors shall settle debts and settle the projects accounts at investment capital-paying,
-lending or -allocating agencies.
3. For construction works financed with ODA capital sources, investors shall unified the investment capital according to the regulations of the State and the regulations of donors, if any.
Tìm kiếm
Nghị định 99/2007/NĐ-CP (Bản Word)