Chương I Nghị định 99/2021/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree specifies the management, disbursement, payment and final settlement of public investment funds for projects, works, planning and pre-investment mandates under the provisions of the Law on Public Investment, including:

1. Management and disbursement of public investments in:

a) State budget-funded projects.

b) Public capital-funded planning and pre-investment mandates.

c) Public – private partnership (PPP) investment projects, including: Public investments in implementing mandates such as preparation; compensation, site clearance, support, residential resettlement, assistance in development of temporary works; assistance in building facilities, infrastructure systems which is split into sub-projects of a PPP project and compensation for early contract termination paid to investors, PPP project companies.

d) Public investment projects funded by legitimate revenue that state regulatory authorities and public service units retain for investment purposes.

2. Final settlement of state budget-funded public investments in the budgetary year (full-year/year-end settlement).

3. Final settlement of public investments in completed projects, including mandates and projects specified in clause 1 of this Article that are completed or perpetually terminated according to written documents stating permission for suspension or termination issued by persons having competence in ratifying investment decisions.

Projects, construction works, items of work partially or wholly funded by public investments: The final settlement thereof shall be identically subject to the regulations laid down herein, except that of those governed by particular regulations imposed by the Government or the Prime Minister.

For projects funded by contributions in kind, working days or completed works, the final settlement thereof shall be based on unit costs of physical/material objects, working days or value of completed works which are used for calculating the accounting value of works and projects for monitoring and administrative purposes.

Projects funded by public investments existing in the form of building materials and other kinds of physical objects, Ministries, central authorities and provincial People’s Committees shall set out specific regulations on the final settlement of portions of financial grant or aid, depending on actual condition of implementing units and state regulatory authorities.

4. For official development assistance (ODA), soft loans provided by foreign donors for funding public investment projects, procedures and processes for controlling payment and settlement shall be subject to regulations hereof; in particular, procedures for fund withdrawal and fund withdrawal management shall be subject to international treaties pertaining to ODA, soft loans of foreign donors and regulations of the Government on management and disbursement of ODA and soft loans of foreign donors.

5. This Decree shall not prescribe the management, payment and settlement of public investments which are used as subsidies on preferential lending interest rates, management fees; equity contributions to policy banks and off-state budget financial funds; financial support for investment of other policy beneficiaries under the Prime Minister’s decisions; state budget funding for enterprises that make agricultural and rural development investments as per the Government's regulations.

Article 2. Subjects of application

This Decree shall apply to entities and persons involved in or related to the management, payment and settlement of investments in public investment-funded projects within the ambit of Article 1 of this Decree.

Article 3. Interpretation

1. State regulatory agencies in charge of management, payment and settlement of investments in public investment-funded projects, including the Government, the Ministry of Finance, financial authorities at all levels and agencies assigned or authorized to control, pay and settle publicly funded projects.

2. State secret-grade public investment project means a public investment project funded by the state budget classified by the grade of secrecy such as Confidential, Secret, and Top Secret on the list of State secrets according to the provisions of the Law on Protection of State Secrets.

3. Public investment projects in foreign countries are those referred to in clause 1 of Article 3 in the Government’s Decree No. 40/2020/ND-CP dated April 6, 2020, elaborating on implementation of several Articles of the Law on Public Investment.

4. Disbursement of types of public investment including domestic capital, lawful revenue that state agencies and public service units retain for investment purposes means a regulatory payment body’s payment of advances and for the completed quantities (including payment for recovery of advances) with respect to mandates and projects upon the investor's request; foreign funds according to the provisions of the Government's Decree on the management and disbursement of ODA and soft loans of foreign donors.

5. Advance payment means the regulatory payment body’s transferring money in advance to the individual and institutional beneficiary at the request of the investor to make necessary preparations for the implementation of activities involved in a mandate or project.

6. Payment for completed quantity means a regulatory payment body’s transfer of money to an individual or institutional beneficiary (or payment for recovery of an advance) at the investor’s request for payment for the value of the quantity already carried out, tested and accepted by the parties as a partially or fully completed work according to a contract or agreement, and satisfying the quality requirements set out in current regulations. In particular, payment of construction project insurance costs for the completed quantity means the payment of obligations arising in the contract already in effect; payment of costs of review and approval of cost estimate means the investor’s payment to the body leading review of the final settlement upon this body’s written request.

7. Pay-in-advance and check-later of public investment means a payment method applied to several types of expenditure. According to this method, the regulatory payment body proceeds to pay immediately after full receipt of legitimate and valid documents according to this Decree and other relevant regulatory documents. The regulatory payment body can check expenditure and deal with inspection results after expenditure is completed.

8. Mandate to prepare for investment in a PPP project in this Decree include the tasks specified in point a, b, c and d of clause 1 of Article 11 and those receiving public investments to be carried out under the provisions of clause 1 of Article 73 in the Law on Investment in the Public-Private Partnership Mode.

9. Tabmis refers to the treasury and budget management information system.

10. State budget-controlled foreign capital comprises official development assistance (ODA), soft loans from foreign donors (including foreign loans of which settlement is subject to the domestic financial mechanism).

11. Domestic capital refers to state budget funding (even including Government bonds), exclusive of foreign capital stated in clause 10 of this Article.