Chương II: Quy định cụ thể

CIRCULAR

ON MANAGEMENT AND USE OF REVENUES FROM CONSULTING AND PROJECT MANAGEMENT ACTIVITIES BY PROJECT OWNERS AND PROJECT MANAGEMENT UNITS USING STATE BUDGET FUNDS

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to Decree No. 99/2021/ND-CP dated November 11, 2021 of the Government on the management, payment, and settlement of projects using public investment funds;

Pursuant to Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government on the financial autonomy mechanism of public sector entities;

Pursuant to Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government on the management of investment and construction projects;

Pursuant to Decree No. 10/2021/ND-CP dated February 9, 2021 of the Government on the management of construction investment costs;

Pursuant to Decree No. 35/2023/ND-CP dated June 20, 2023 of the Government on amendments to the Government’s Decrees under the management scope of the Ministry of Construction;

Pursuant to Decree No. 40/2020/ND-CP dated April 6, 2020 of the Government on elaboration of the Law on Public Investment;

Pursuant to Decree No. 73/2019/ND-CP dated September 5, 2019 of the Government on the management of investment in information technology applications using state budget funds;

Pursuant to Decree No. 82/2024/ND-CP dated July 10, 2024 of the Government on amendments to Decree No. 73/2019/ND-CP dated September 5, 2019 on the management of investment in information technology applications using state budget funds;

Pursuant to Decree No. 114/2021/ND-CP dated December 16, 2021 of the Government on the management and use of official development assistance (ODA) and concessional loans from foreign donors;

Pursuant to Decree No. 20/2023/ND-CP dated May 4, 2023 of the Government on amendments to Decree No. 114/2021/ND-CP dated December 16, 2021 on the management and use of official development assistance (ODA) and concessional loans from foreign donors;

Pursuant to Decree No. 14/2023/ND-CP dated April 20, 2023 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the request of the Director of the Investment Department,

The Minister of Finance issues a Circular on management and use of revenues from consulting and project management activities by project owners and project management units using state budget funds.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope: This Circular provides regulations on the management and use of revenues from consulting and project management activities by project owners and project management units (PMUs) using state budget funds.

2. Regulated entities: Project owners, PMUs established by project owners, specialized PMUs, regional PMUs established under the Government’s Decrees, and organizations or individuals involved in project management activities.

3. Project owners and PMUs managing projects using official development assistance (ODA) funds and concessional loans from donors: Project management is carried out in accordance with international treaties, agreements with donors on ODA, signed concessional loans, and the current laws on ODA management and use, as well as specific Circulars issued by the Ministry of Finance. If there are no regulations in the international treaties, donor agreements, or current laws on ODA management and use, or the specific Circulars issued by the Ministry of Finance, the regulations in this Circular shall apply.

4. Project owners and PMUs under public sector entities (using legal revenues of public sector entities for investment): The procedures, details of preparation, appraisal, and approval of estimates; preparation, verification, and approval of settlements shall be carried out in accordance with the regulations in this Circular. The financial mechanism (spending limits for expenses, saving costs, and other allowances related to project management) and the authority to appraise, verify, approve estimates, and settle accounts shall be implemented according to the regulations of the public sector entities assigned as the project owner.

Article 2. Sources of revenue and distribution of project management revenues between the project owner and PMU for the assigned project

1. Sources of revenue:

a) Revenues from the budget for project management costs (hereinafter referred to as project management budget), including: Deductions from project management budget and other revenues from the assigned project.

b) Other legal revenues of the project owner and PMU in accordance with regulations, including: Revenues from consulting activities for other projects and other revenues as prescribed by law.

c) State budget allocations (if any).

2. Distribution of project management revenues between the project owner and PMU for the assigned project: Based on the work details, workload, and responsibilities between the project owner and PMU, the head of the unit assigned as the project owner shall issue a written decision on the percentage distribution of project management revenues between the project owner and the PMU (if any) and shall be responsible for this decision.

Article 3. Transaction accounts

1. For revenue from project management budget, fee and charge revenues in accordance with the laws on fees and charges, and other revenues from the state budget (if any) as prescribed by the Law on State Budget, the Law on Public Debt Management, and relevant laws: The project owner and PMU shall open accounts at the State Treasury where transactions are most convenient for management.

2. For revenues not related to the assigned project, funds set aside in accordance with the financial autonomy mechanism of public sector entities: The project owner and PMU are allowed to open deposit accounts at the State Treasury or commercial banks for management.

Article 4. Classification of PMUs

1. Group I PMUs include: Project owners who directly manage projects and PMUs established by the project owner in accordance with the law (excluding specialized PMUs and regional PMUs classified as public sector entities).

2. Group II PMUs include: Specialized PMUs and regional PMUs classified as public sector entities established in accordance with the laws on public sector entities.

Chapter II

SPECIFIC PROVISIONS

Section 1. PREPARATION OF ANNUAL REVENUE AND EXPENDITURE ESTIMATES OF PROJECT OWNERS AND PMUS

Article 5. Annual revenue and expenditure estimates for the project owner and PMU

1. Based on the specific conditions of the project, the project owner shall decide whether to prepare and approve one combined estimate for both the project owner and the PMU or to prepare and approve two separate estimates for the project owner and the PMU to facilitate management and use. In the case of a combined estimate, it is necessary to clearly identify the expenditures of the project owner and the expenditures of the PMU.

2. Each year, the project owner and PMU, based on the project implementation schedule, project management structure, the scale and characteristics of project management tasks, and relevant policies, shall determine the project management budget for each project in accordance with the project management workload for the year and shall be accountable for this matter. Revenues from project management budget, as decided by the competent authority, shall be accounted for as part of the project's funds.

The project owner and PMU are responsible for ensuring sufficient project management budget to organize and manage the project until the project is approved for final settlement of investment capital according to regulations.

3. The annual revenue and expenditure estimates shall be prepared in accordance with Form No. 03/DT-QLDA issued together with this Circular.

Article 6. Preparation of revenue estimates

Revenue estimates include the revenues stipulated in Article 2 of this Circular, where the budget for costs allocated for each assigned project is calculated as follows:

The project owner determines the budget for costs allocated for each assigned project and estimates the revenue required for project management over the years of project implementation. This is recorded in Form No. 01(i)/DT-QLDA - Project management budget schedule; The (i) will range from 1 to n in cases where the project owner is assigned to manage multiple projects, as follows:

G_QLDA(CDT): Project management budget allocated for the project owner and PMU for each project throughout the project management process.

G_QLDA: Project management budget determined in accordance with regulations from the competent authority.

G_TV: Budget for consulting costs for the project managed by the project owner and PMU, determined in accordance with regulations from the competent authority.

G_K: Budget for other costs that the project owner and PMU are authorized to incur in accordance with the law.

G_T: Budget for the costs that the project owner and PMU must outsource during the project management process.

Article 7. Basis for preparing revenue and expenditure estimates

1. The decision on establishment of the PMU in accordance with legal regulations.

2. The decision on approval for the investment policy, project approval decision, and estimate approval decision.

3. The estimated costs for investment preparation (for revenues and project management budget during the investment preparation phase).

4. Revenues stipulated in Articles 2 and 6 of this Circular. In cases where specific revenues have not been determined at the time of preparing the estimates, the project owner and PMU shall base their projections on the actual situation and be responsible for these projections.

5. Current regulations on cost allocation.

6. The annual salary schedule for each employee involved in project management, as per Form No. 02/DT-QLDA enclosed with this Circular.

7. Current financial management regulations applicable to project owners and PMUs.

8. The internal spending regulations of the unit, developed and issued in accordance with legal requirements.

9. Other project-related bases (if any).

Section 2. GROUP I PROJECT MANAGEMENT UNIT

Article 8. Expenditure items in the estimate for Group I PMUs

1. Expenditure items as stipulated in Clause 2, Article 30 of Decree No. 10/2021/ND-CP dated February 9, 2021, of the Government on managing construction investment costs.

2. For project owners and PMUs managing projects that use state budget funds under state administrative agencies: Financial mechanisms shall be implemented according to the regulations of the entity assigned as the project owner.

3. For project owners and PMUs managing projects that use state budget funds under enterprises: Financial mechanisms shall be implemented according to the regulations of the enterprise assigned as the project owner.

Article 9. Appraisal and approval of annual estimates for Group I PMUs

1. Authority for appraisal and approval:

a) For project owners and PMUs under state administrative agencies: The head of the agency or unit assigned as the project owner shall organize the appraisal and approval of the estimate.

b) For project owners and PMUs under enterprises: The authority for appraisal and approval of the estimate shall follow the regulations of the enterprise assigned as the project owner.

2. Documentation required for appraisal and approval of the estimate:

a) The decision on approval for the investment policy, the decision on approval for the project, the decision on approval for the estimate, and the decision on establishment of the PMU (if a PMU is established).

b) The Revenue calculation schedule from project management activities, as per Form No. 01(i)/DT-QLDA enclosed with this Circular.

c) The annual salary schedule as per Form No. 02/DT-QLDA enclosed with this Circular.

d) The annual project management revenue and expenditure estimate, as per Form No. 03/DT-QLDA enclosed with this Circular.

3. Matters to be appraised in the estimate:

a) Appraise the work details, calculation methods, and the appropriateness of cost allocation for the years in the Revenue calculation schedule from project management activities according to Form No. 01(i)/DT-QLDA enclosed with this Circular for the assigned tasks of the planned year.

b) Appraise the appropriateness of the revenue and expenditure items in the estimate according to Form No. 03/DT-QLDA with the current state standards, norms, and financial regulations.

4. Time limit for appraisal and approval of the estimate:

a) Time limit for appraisal and approval of the estimate: A maximum of 10 working days of receiving the complete application for appraisal and approval of estimate as stipulated in Clause 2 of this Article.

b) Deadline for estimate approval: No later than December 31 of the year preceding the planned year, the estimate for the planned year must be approved according to Form No. 01/QD-QLDA enclosed with this Circular.

5. Adjustment of the annual estimate:

a) During the execution process, Group I PMUs have the authority to proactively adjust and are responsible for adjusting the amounts between expenditure items within the scope of the approved annual budget. If revenue falls short of the estimate, Group I PMUs must adjust the expenditure estimate accordingly, ensuring that expenditure estimate does not exceed revenue estimate. If the revenue estimate or expenditure estimate, or both, exceeds the estimate, appraisal and approval of the adjustments and supplements are required.

b) Group I PMUs are responsible for reviewing, preparing adjusted revenue and expenditure estimates (if any) and submitting them to the project owner for appraisal. The adjusted estimates (if any) must be approved by the project owner no later than January 25 of the following year.

c) Application for appraisal and approval, appraisal matters, and appraisal time: Follow the regulations in Clauses 2, 3, and Point a of Clause 4 of this Article.

6. After the estimate is approved or adjusted, Group I PMUs must send it to the person who approved the investment project for monitoring, inspection, and supervision of the implementation; to the control and payment agencies for control and payment processing; and to the relevant units for implementation.

Article 10. Annual revenue and expenditure settlement of Group I PMUs

1. At the end of the planned year, Group I PMUs must obtain confirmation from the control and payment agency. No later than February 28 of the following year, Group I PMUs must prepare the revenue and expenditure settlement report using Form No. 01/QT-QLDA enclosed with this Circular.

2. Authority for appraisal and approval of the annual revenue and expenditure settlement:

a) For project owners and PMUs under state administrative agencies: The head of the agency or unit assigned as the project owner is responsible for organizing the appraisal and approval of the settlement.

Before approving the annual revenue and expenditure settlement, the project owner must draft the settlement approval decision, accompanied by the project owner's appraisal matters (including the settlement report prepared by Group I PMU), and submit it for consultation with the financial management unit of the entity approving the investment project or the Commune-level People’s Committee (for projects managed by the commune) for feedback.

Within 10 working days from receiving the complete application, the consulted unit must provide written feedback to the project owner regarding the appropriateness of the figures in the Annual revenue and expenditure settlement report, using Form No. 01/QT-QLDA, in relation to the approved budget and state regulations to facilitate the project owner's settlement approval.

b) For project owners and PMUs under enterprises: The authority for appraisal and approval of the settlement is based on the regulations of the enterprise assigned as the project owner.

3. Allocation of costs for projects managed annually:

If Group I PMUs manage two or more projects, they must allocate costs for the managed projects annually according to the following principles:

a) Costs that have been identified for a specific project: Directly allocate those costs to the project.

b) Costs that cannot be identified for a specific project: Allocate based on the proportionate cost corresponding to the value of the tasks and work volume of each project in the year, as determined by Group I PMUs.

4. Annual settlement report dossier:

a) Submission for approval of the revenue and expenditure settlement.

b) Summary of the revenue and expenditure settlement, following Form No. 01/QT-QLDA issued together with this Circular.

c) List of expenditure vouchers incurred during the year, prepared by Group I PMU.

d) Decision on the approval of the annual estimate, decision on adjustment of the annual estimate (if any), and the decision on the approval of the previous year's settlement (if any).

5. Time limit for appraisal and approval of the annual revenue and expenditure settlement report: A maximum of 15 working days from the date of receipt of the legally and validly completed settlement report dossier.

6. Appraisal matters:

a) Appraisal of the use of the revenues in the planned year.

b) Verification and comparison of the figures in the proposed revenue and expenditure settlement report for the planned year (according to Form No. 01/QT-QLDA issued together with this Circular) with the state-approved rates, regulations, and the approved or adjusted estimate (if any).

c) Appraisal of the legality and validity of the revenue and expenditure according to the approved or adjusted estimate.

d) Appraisal of the appropriateness of the value allocation in the settlement for specific projects implemented during the planned year.

7. Approval form for the revenue and expenditure settlement: In accordance with Form No. 01.QD/QT-QLDA issued together with this Circular.

8. Any surplus revenue settled, which exceeds the expenditure settled, shall be carried forward to be spent in subsequent years.

9. Settlement of project costs managed by Group I PMU after project completion:

a) For Group I PMU managing a single project: When the project assigned to be managed by the Group I PMU is completed, the Group I PMU shall prepare a settlement report, along with the annual settlement report dossier and the settlement dossier for the completed project, and submit them to the agency responsible for appraising the project settlement. The agency responsible for appraising the project settlement will review and appraise the report and submit it to the authority with the power to approve the settlement of investment capital, for overall approval within the completed project investment capital settlement.

b) For Group I PMU managing two or more projects: When a project assigned to be managed by the Group I PMU is completed, the settled costs will be the total of the costs that have been allocated and approved annually for the project, as well as the costs incurred by the project that have not yet been allocated annually, as determined by the Group I PMU.

c) For costs incurred by the Group I PMU itself for projects managed by the Group I PMU:

The maximum settled cost shall not exceed the approved (or adjusted) cost within the total investment amount (or estimate) of the project and will be approved within the decision approving the settlement of investment capital for the completed project.

As for settlement of projects permanently halted with unfinished construction volumes, the project management and supervision costs of the Group I PMU will be settled based on the value of construction and equipment costs (excluding VAT) that have been properly accepted. If the settlement cost exceeds the costs calculated based on the value of construction and equipment costs (excluding VAT) that have been properly accepted, the Group I PMU shall report to the investment decision-maker for review and decision.

Section 3. GROUP II PROJECT MANAGEMENT UNIT

Article 11. Revenue sources and financial autonomy delegation of Group II PMU

1. Revenue sources of Group II PMU: This includes the revenue sources stipulated in Article 2 of this Circular. The revenue defined in points a and b of clause 1 of Article 2 constitutes the revenue determining the financial autonomy level of the unit.

For Group II PMU's activities in providing construction investment consulting services to other project owners or PMUs, these activities must align with the functions and duties assigned, correspond to the unit's expertise and financial capacity, ensure the completion of management tasks for the projects already assigned, and must not affect the unit’s primary responsibilities.

2. Delegation of financial autonomy and determination of financial support from the state budget (if any), internal spending regulations, and financial result distribution for the year:

This is to be carried out in accordance with the laws on financial autonomy mechanisms for public sector entities.

Article 12. Preparation and implementation of annual estimates of Group II PMU

1. Preparation, allocation, distribution, and execution of the estimates: This is carried out in accordance with the laws on state budget and financial autonomy mechanisms for public sector entities, with specific attention to the following:

a) Revenue sources and spending tasks: Based on revenue sources and corresponding spending tasks for each project, Group II PMU is responsible for determining the usable revenue for the year (the portion available to cover the year's expenditures). Revenue carried over to the next year (revenue not yet spent in the current fiscal year and the revenue corresponding to tasks not yet completed but approved in the year's budget) is to be carried over for continued use in the following year in accordance with the State Budget Law and current legal guidelines.

b) Forms: Use the forms provided in Forms 01(i)/DT-QLDA, 02/DT-QLDA, 03/DT-QLDA, and 02/QD-QLDA issued with this Circular.

c) Approval deadlines: The estimates for the upcoming year must be approved no later than December 31 of the previous year. If there are any adjustments, they must be approved by January 25 of the subsequent year.

d) For PMUs utilizing state budget funds: The preparation, allocation, distribution, approval deadlines, and execution of the estimates must comply with the legal regulations on financial autonomy for public sector entities, state budget laws, and other relevant regulations.

2. Once approved or adjusted, the estimates must be sent to the superior authority for monitoring, inspection, and oversight of the implementation; to the controlling and payment agencies for control and payment execution; and to other relevant units for implementation.

Article 13. Annual revenue and expenditure settlement of Group II PMUs

At the end of each fiscal year, Group II PMU must prepare and submit a financial settlement report to the corresponding financial authority.

For Group II PMU under the management of ministries, ministerial-level agencies, government agencies, and other central bodies (hereinafter referred to as central agencies): the corresponding financial authority will be determined and tasked by the head of the central agency;

For Group II PMU under the management of the Province-level People’s Committee and District-level People’s Committee: the corresponding financial authority will be the Provincial Department of Finance or the District Finance-Planning Office, depending on the management level.

1. Annual settlement report dossier:

a) A request for approval of the annual financial settlement.

b) The annual financial settlement report, following the format provided in Form 02/QT-QLDA attached to this Circular.

c) A list of all expense vouchers incurred throughout the year.

d) The decision approving the annual estimates and any decision on budget adjustments (if applicable).

2. Allocation of costs for managed projects each year:

In cases where Group II PMU directly manages two or more projects, the PMU must allocate costs for the managed projects annually based on the following principles:

a) Costs that have been identified for a specific project: Directly allocate those costs to the project.

b) Costs that cannot be identified for a specific project: These are allocated proportionally according to the value of the tasks and workload of each project during the year, which the Group II PMU is responsible for determining.

3. Review and approval of annual financial settlements:

a) The corresponding financial authority will organize the review and approval of the annual financial settlement.

b) Review matters:

Review the allocation of project management budget, consultancy fees, and other expenses across the fiscal years and the current year.

Cross-check the figures in the annual financial settlement report, following Form 02/QT-QLDA attached to this Circular, against the approved or adjusted annual revenue and expenditure estimates.

Review the legality and validity of all revenue and expenditure items against the approved or adjusted estimates.

4. Time limit for review and approval of the financial settlement: The corresponding financial authority will review and approve the annual financial settlement within a maximum of 15 working days from the date of receiving the complete and valid settlement report. The approval decision will be made following Form 02.QD/QT-QLDA, which is attached to this Circular.

5. Financial settlement of costs for projects managed by Group II PMU after completion:

a) For Group II PMU managing one project: When the project under management is completed, the Group II PMU will prepare a financial settlement report for the project, including the year-end settlement documentation and the completed project settlement report. This will be submitted to the competent authority for review. The reviewing authority will verify the settlement and report to the relevant decision-making authority for the approval of the investment capital settlement, which will be finalized together with the completed project’s investment capital settlement.

b) For Group II PMU managing two or more projects: When the project under management is completed, the final settlement for the project will consist of the total allocated costs, as approved annually, and the project costs incurred but not yet allocated or approved annually. The Group II PMU is responsible for determining these costs.

c) For expenses incurred directly by Group II PMU for projects under its management:

The maximum settled cost shall not exceed the approved (or adjusted) cost within the total investment amount (or estimate) of the project and will be approved within the decision approving the settlement of investment capital for the completed project.

In the case of a project that is permanently halted with incomplete construction work, the project management budget and supervision costs of the Group II PMU will be settled based on the value of the construction and equipment costs (excluding VAT) that have been accepted according to regulations. If the settlement costs exceed the calculated value of the construction and equipment costs (excluding VAT) that have been accepted, the Group II PMU will report to the project investment decision-maker for review and approval.

Chapter III

IMPLEMENTATION

Article 14. Responsibilities of relevant units

1. Responsibilities of the project owner's head and Group I PMU:

a) Project owner: Directs the project owner and PMU to prepare estimates, annual financial settlements for submission, review, and approval. Ensure the examination, review, and approval of the estimates and settlements are done in a timely manner and in accordance with the contents specified in this Circular.

b) Group I PMU: Takes full responsibility for managing and using the PMU’s revenues and expenditures, and is responsible for developing internal spending regulations as required.

c) Ensures the accuracy, legality, and validity of revenue and expenditure vouchers; provides timely related documents to support the project management financial settlement review process when requested in writing by the reviewing authority.

2. Responsibilities of the Group II PMU director:

a) Takes full responsibility for managing and using the revenues and expenditures of the PMU.

b) Prepares, reviews, approves (or adjusts) the estimates, and submits financial settlement documentation to the corresponding financial authority for review and approval within the timeline and in accordance with the content of this Circular.

c) Is accountable to the superior authority and the law for decisions made regarding the unit’s financial autonomy.

d) Develops and implements a plan for financial autonomy and accountability, establishes and enforces internal spending regulations, and implements the financial autonomy mechanism according to applicable regulations for public sector entities, the state budget, and related guidelines.

dd) Organizes and implements the accounting, statistical, and asset management tasks in compliance with legal regulations, accurately and promptly reflecting all revenues and expenditures in the accounting records. Implements information and reporting requirements according to current regulations.

e) Enforces grassroots democracy regulations and financial transparency regulations as per existing laws.

g) Takes responsibility for the accuracy, legality, and validity of revenue and expenditure vouchers; provides related documents promptly to support the financial settlement review process when requested in writing by the reviewing authority.

3. Responsibilities of control and payment agencies:

a) Controls and processes payments for the use of revenues and expenditures by project owners and PMUs according to the approved estimates, ensuring compliance with the current financial management regulations of the State and the specific provisions of this Circular.

b) Reconciles and confirms costs incurred within their responsibility for control and payment, as reflected in the annual financial settlement reports of the project owners and PMUs, using Form 01/QT-QLDA and Form 02/QT-QLDA attached to this Circular.

4. Responsibilities of ministries, sectors, and localities:

a) Approve financial autonomy plans for Group II PMUs in accordance with the regulations on financial autonomy for public sector entities and relevant guiding documents.

b) Periodically or unexpectedly inspect the management and use of revenues and expenditures by project owners and PMUs using state budget funds under their jurisdiction. Take measures in accordance with the law to handle individuals or units that violate the management and use of revenues and expenditures by project owners and PMUs using state budget funds.

5. Responsibilities of financial authorities at all levels:

a) Inspect and guide project owners and PMUs in the management and use of revenues and expenditures according to regulations. In case of discovering errors or violations in managing and using revenues and expenditures, the inspecting authority shall handle them according to their competence or report to the competent authority for resolution as per regulations.

b) Provide written feedback to project owners regarding the settlement of revenues and expenditures of Group I PMUs, and carry out the examination and approval of revenue and expenditure settlements of Group II PMUs in accordance with the regulations. If necessary, financial authorities may inspect the revenue and expenditure documents of project owners and PMUs.

Article 15. Entry in force and implementation

1. This Circular comes into force as of November 15, 2024.

In cases where project owners and PMUs implement the 2024 revenue and expenditure budget as per Circular No. 108/2021/TT-BTC , the revenue and expenditure settlement shall follow the provisions of Circular No. 108/2021/TT-BTC .

If project owners and PMUs prepare or adjust the 2024 revenue and expenditure budget, the preparation, evaluation, approval, or adjustment of the revenue and expenditure budget and settlement must comply with the provisions of this Circular.

2. Annul Circular No. 108/2021/TT-BTC , issued on December 8, 2021, by the Ministry of Finance, regarding the management and use of revenues from consulting activities and project management of project owners and PMUs using public investment capital.

3. In cases where the legal documents referenced in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced documents shall apply.

4. Difficulties that arise during the implementation of this Circular should be reported to Ministry of Finance for consideration./.

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