Thông tư 31/2013/TT-BTC

CIRCULAR

GUIDING THE FINANCIAL MANAGEMENT MECHANISM OF NATIONAL INVESTMENT PROMOTION PROGRAM

Pursuant to the Government’s Decree No. 60/2003/ND-CP of June 06, 2003, detailing and guiding the implementation of the State Budget Law;

Pursuant to the Government’s Decree No. 118/2008/ND-CP of November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Decision No. 26/2012/QD-TTg of June 08, 2012 of the Prime Minister on promulgating the Regulation on formulation and performance of the national investment promotion program;

At the proposal of the Director of Entrepreneurial Finance Department;

The Ministry of Finance promulgates the Circular guiding the financial management mechanism of the national investment promotion program as follows:

Section 1. GENERAL PROVISIONS

Article 1. Scope of adjustment

This Circular guides on expenditure and financial management regimes applied to national investment promotion projects which are approved and performed in accordance with the Regulation on formulation and performance of the national investment promotion program promulgated together with the Decision No. 26/2012/QD-TTg of June 08, 2012 of the Prime Minister (hereafter referred to as program).

Article 2. Subjects of application

1. Ministries, sectors and People’s Committees of provinces and centrally-run cities, management boards of economic zones, industrial zones, processing zones, high-tech zones that have national investment promotion schemes approved by authorized agencies shall take the prime responsibilities for program.

2. Units that take part in the program: agencies, enterprises, enterprise and line-commodity associations.

Article 3. Funding sources for performance of program

Funding for performance of the national investment promotion program shall be allocated from the state budget for content on annual national investment promotion ratified by the National Assembly, revenues and legal sources of financial supports (if any).

Article 4. Principles of expenditure management

1. The unit assuming the prime responsibility must use the funding covered by state budget for proper purpose and effectiveness in accordance with regulations on current standards, expenditure regime and expenditure level for the program’s contents specified in this Circular.

2. For expenditure contents that have not yet had guidance regime, based on contracts, invoices and vouchers of expenditure which are actual, reasonable and lawful, the unit assuming the prime responsibility must be responsible for all those expenditure decisions as well as accuracy, truthfulness of expenditure amounts and attached vouchers.

3. For expenditure amounts that must implement bidding in accordance with regulation shall be applied to Law on Bidding and other documents guiding Law on Bidding.

Section 2. REGULATIONS ON CONTENTS AND LEVEL OF SUPPORT

Article 5. Content of expenditures and level of support

Including expenditure amounts for contents of national investment promotion program specified in Article 3 Chapter 1 of the Regulation on formulation and performance of national investment promotion program promulgated together with the Decision No. 26/2012/QD-TTg of June 08, 2012 of the Prime Minister, specifically:

1. Support of 100% of funding is applied to contents specified in points a, b, c clause 1, clause 2, point a clause 3, point b clause 4, points a and b clause 5 Article 3 of Regulation on formulation and performance of national investment promotion program, including:

a) Propagation and promotion of Vietnam’s investment environment

- The expenditure for information, propagation on foreign and domestic mass media of investment environment, guidelines and polices on investment of the Party and state, publishing of documents guiding on investment, doing business and relevant publications.

- The expenditure for ordering foreign and domestic communication agencies to write and perform reportages on newspapers, broadcast, television, websites and make films to promote the investment environment in Vietnam according to a lump-sum contract.

- The expenditure for upgrading and maintaining operation of the website that introduces investment environment of Vietnam, for connection of this website with websites of Ministries, sectors, localities in nationwide and with prestige websites in the world.

b) Formulation of orientations, policies and strategies on investment promotion

- The expenditures for formulation of scheme on evaluating current situations of sectors, regions, economic trades in order to serve as basis for formulation and implementation of the investment promotion schemes.

- The expenditures for formulation of List of national key projects calling domestic investment and foreign direct investment that are suitable with strategies and plans on eco-social development in each period, economic-technical development planning; formulation of detailing-project documents to serve national key projects, of which will support for expenses:

+ Expenses for workshops collecting opinions: expenses for hiring halls, equipments, decoration, drinking water, stationery;

+ Expenses for collection and purchase of documents;

+ Expenses for survey and actual investigation;

+ Expense for document translation;

+ Expense for advisory, design, printing to formulate the model of project list;

- Support of funding to write scheme upon cooperate with domestic and foreign organizations and individuals in studying, writing scheme to promote investment according to strategic partners (nations or transnational corporations).

c) Holding programs to mobilize investment promotion in key locations in other countries under themes and fields in order to attract foreign direct investment into Vietnam and promote overseas investment of Vietnam enterprises in several suitable fields, specifically supporting for expenses:

- Work-trip allowances for subjects holding or joining in program. For investment promotion activities in remote regions from the center and have to travel lot: if the funding is too big and the expense support level as prescribed is not enough to cover for travel expenses, the difference between actual expense level and prescribed expense level may be considered to additionally support on the basis of the moving schedules and actual and reasonable expenditure vouchers.

- Expenses to hold workshops, forums calling investment include: expenses for hiring halls, equipments, decoration, printing and photocopying documents, translators, coffee break, party for receptions (if any); stationery;

- Expenses to promote and introduce the holding of investment promotion mobilization program on foreign mass media;

- Expenses for hiring the holding-events units; expenses for transport of documents and equipments; sending postal matter and documents by post.

d) Training officer of investment promotion of Ministries, sectors and People’s Committees of provinces and centrally-run cities, management boards of economic zones, industrial zones, processing zones, high-tech zones through organizing groups of survey to learn and exchange experiences with successful investment promotion organizations in the world, particularly supporting for expenses:

- Work-trip allowances for subjects joining in the group of survey to learn and exchange experiences on investment promotion. To support for 1 person per unit joining in the group.

- Expenses for hiring halls, equipments, decoration, coffee break, printing and photocopying documents, stationery, lecturers and presenters.

e) Other activities:

- Support for expenses providing information, promotion, introduction of implementation of projects with large scale and important influences on eco-social development of regions, key economic fields, specifically:

+ The expenses to perform, publish and distribute leaflets and documents related to the project;

+ The expenses to inform, communicate and send documents;

+ The expenses to promote for and widely introduce on project through conferences and mass media

- Performing activities of on-spot investment promotion including holding of dialogues on polices, completion of legal framework, handling of difficulties and problems of enterprises that have invested in Vietnam;

2. Maximal support of 70% of funding is applied to contents specified in point b clause 3 Article 3 of the Regulation on formulation and performance of national investment promotion program regarding holding of workshops and conferences on local investment promotion according to regions, fields and sectors aiming to attract investment in key sectors, fields and economic zones. For units being invited to join in the conference, workshop, only one person per joining unit shall be supported.

3. For point d clause 1, point a clause 4 and point c clause 5 of Article 3 of Regulations on formulation and performance of national investment promotion program, the funding support levels shall be as follows:

a) Holding or joining in domestic and overseas exhibitions aiming to introduce investment environment and investment results in Vietnam.

- Support for 100% of funding to hold exhibition including expenses for hiring places for national exhibition, expenses of electricity, water, decoration, design, necessary materials, printing and photocopying documents, transport of documents to the holding places, stationery, promotion for exhibition activities, hiring holding-event companies.

- Support for 100% of work-trip allowances for officers who are enjoyed salaries from the State budget and held or joined in the program.

- Support for 70% of work-trip allowances for subjects who are not enjoyed salaries from state budget and joined in the exhibitions. To support for one person per joining unit.

b) Training, improving capacity and skills on investment promotion for state management agencies, organizations operating in field of investment attraction and enterprises, including the inviting of foreign experts, lecturers, of which:  

- Support for 100% of expenses to hold the training course including: expenses for hiring halls; equipment; decoration; expenses for printing, photocopying documents; translators; coffee break; expenses for stationary; expenses to make certificate papers of the course, expenses to hire vehicles for field survey to serve the training course (if any).

- Support for 100% of work-trip allowances for subjects joining in the course, who are cadres or civil servants of state management agencies.

- Support for 70% of work-trip allowances for subjects who are not enjoyed salaries from state budget and joined in the exhibitions.

c) For activities in organizing centers to support investors of countries possessing source technologies, countries possessing capital potential which aim to have particular support regime for investors of these countries: maximal support for 70% of expense for activities of centers during 1 first year after establishment, including: expense for hiring office, purchase of necessary equipments, documents and stationeries.

4. For other investment promotion activities under Decisions of Prime Minister, the support levels shall be in accordance with decisions of Prime Minister and this Circular.

Article 6. Expenditure levels for the contents of program

State budget shall support funding for national investment promotion projects according to the expenditure content that is prescribed in Article 5 of this Circular and approved by authorized authorities based on the reasonable actual expenditure levels but not exceed the current expenditure levels prescribed for state administrative agencies and public non-business units. Specifically as follows:

1. Expenditure for conferences, workshops and work-trip allowances for subjects that go on business in country under decisions of agencies approved the program and units assuming prime responsibilities in order to do missions on investment promotion according to the Circular No. 97/2010/TT-BTC of July 6, 2010 of the Ministry of Finance, on work-trip allowances and conference expenditures applicable to state agencies and public non-business units.

2. Expenditure for payment of work-trip allowances applicable to subjects that go on business overseas to implement, join in investment promotion programs as prescribed in the Circular No. 102/2012/TT-BTC of June 21, 2012, of the Ministry of Finance, stipulating the regime of working-trip allowances for state cadres, civil servants who travel abroad on short working missions funded by the state budget.

3. Expenditure for reception of foreign guests, holding international conferences and workshops on investment promotion as prescribed in the Circular No. 01/2010/TT-BTC of January 6, 2010, of the Ministry of Finance, regulating spending regimes for reception of foreign guests working in Vietnam, organization of international conferences and seminars in Vietnam and reception of domestic guests.

4. Expenditure for holding courses on training and improving capacity and skills on investment promotion for state managing agencies and organizations operating in investment attracting sector and enterprises shall comply with the Circular No. 139/2010/TT-BTC of September 21, 2010, of the Ministry of Finance, defining the formulation of estimate, management and use of funds from state budget for training and retraining cadres and civil servants.

5. Expenditure for formulation of schemes on assessing actual conditions of fields, regions, economic sectors in order to serve as basis for implementation of schemes on investment promotion complied with the Circular No. 44/2007/TTLT-BTC-BKHCN of May 7, 2007 of the Joint Ministries of Finance and of Science and Technology, on guiding norms of formulation and allocation of budget estimates for themes and projects of science and technology using the state budget.   

6. Expenditure for upgrading and maintaining operation of the website introducing on investment environment of Vietnam, connecting this website with websites of Ministries, sectors and localities in nationwide and with prestige websites in the world shall comply with the Circular No. 137/2007/TT-BTC of November 28, 2007, of the Ministry of Finance, guiding levels of expense for the creation of electronic information and the Joint Circular No. 19/2012/TTLT-BTC-BKHDT-BTTTT of February 15, 2010, of the Ministry of Finance, the Ministry of Planning and Investment, the Ministry of Information and Communications, on guiding the management and use of funding for performance of the National Program on Information Technology Application in activities of state agencies.

7. For expenditure contents that have not yet had guiding regime, expenses with special nature such as activities of information and propagation by domestic and overseas mass media; publishing of publications, books, documents; expenses for making films; expenses for advertisement, expenses for holding events, etc, it is required to implement the competitive offer or bidding in accordance with the Law on Bidding and documents guiding the Law on Bidding.

Article 7. For activities of investment promotions of provincial People’s Committees, management board of economic zones, industrial zones, processing zones and high-tech zones

Provincial People’s Committees, management board of economic zones, industrial zones, processing zones and high-tech zones shall, based on guides on contents and expenditure levels specified in this Circular, perform investment promotion projects from local budget resources and other legal financial resources.

Section 3. REGULATIONS ON MAKING ESTIMATIONS, ALLOCATION OF FUNDS AND ADVANCE PAYMENT FOR PROGRAM FINALIZATION

Article 8. Synthesizing formulation and allocation of funding estimation

1. The Ministry of Planning and Investment shall synthesize demands and plans on expenses for support in implementation of national investment promotion program and send them to the Ministry of Finance. The Ministry of Finance shall, based on the balance capacity of the State budget, consider, include in the annual budget plan and report to the Government in order to submit to the National Assembly for approval.

2. Based on the assigned budget estimation, the Ministry of Planning and Investment shall approve the program, allocate funding for implementation of national investment promotion program in details for each unit assuming prime responsibilities in performing programs and contents specified in Articles 5, 6 of this Circular on the principle which total support funding for implementation of schemes of the program not exceed the approved estimation.

Article 9. Procedures for advance payment and make finalization for support funding

1. Advance payment

a) Based on the decision on approval of annual national investment promotion program by the Minister of Planning and Investment, in scope of the informed state budget plan, unit assuming prime responsibilities shall send detailed estimations that have been approved by agency in charge of program or superior agency in charge for approval, attached with a dossier requesting for advance payment sent to the Ministry of Finance (Department of Entrepreneurial Finance).

b) A dossier requesting for advance payment includes:

- Official request for funding advance payment;

- Decision on approving program of competent agencies;

- Detailed estimation of program approved by competent authority;

- Progress and time to perform program in accordance with plan;

- Other documents related to program’s performance;

c) Level of funding advance payment

The maximum advance-payment level is 70% of detailed estimation that has been approved by competent authority and reviewed again by the Ministry of Finance.

d) The time to review again the advance payment: within 10 working days, after receiving full requesting dossier from the unit assuming the prime responsibility, the Ministry of Finance shall review and allocate support funding for the unit to perform properly with approved progress.

2. Finalization of funding

2.1 Finalization of each program:

a) The unit assuming the prime responsibility shall collect fully vouchers and make reports on finalization of program to send them to the agency in charge of program or superior agency in charge for examination and approval of finalization and send to the Ministry of Finance (Department of Entrepreneurial finance) for reviewing and considering to support for lack funding part or request for returning the part having been advance paid exceeding the approved finalization amount within 30 working days after finishing the program.

b) A dossier requesting for funding support includes:

- Written request for funding support after finalization;

- Decision on approval of program finalization by competent agencies, attached with dossiers and vouchers of program performance;

- Reports on results of program performance;

- Other documents relating to program performance.

c) Within 15 working days after receiving a full and valid dossier requesting for funding support from the unit assuming the prime responsibility, the Ministry of Finance shall review and make decision on supporting the funding for the unit assuming the prime responsibility or withdrawing funding if the advance payment amount is more than the finalization amount.

2.2 General annual finalization: After ending December 31 every year, the unit assuming the prime responsibility shall synthesize finalizations on support funding of all programs, make reports and sign in order to send to the Ministry of Finance and send to the Ministry of Planning and Investment not later than on January 31 of the next year so that the Ministry of Finance shall review the general finalization of performed programs and notify results to the unit assuming the prime responsibility. In the case that a finalization is performed after January 31 of the next year, it shall be transferred source and included to make finalization in the next year but not later than March 31 of the next year.

Article 10. Vouchers and dossiers of the unit assuming the prime responsibility

1. Collection and storage of vouchers: The unit assuming the prime responsibility shall collect all vouchers involving expenses under proper content, time, place and other conditions stated in the Decision on approving the national investment promotion program of the Ministry of Planning and Investment.

The unit assuming the prime responsibility shall store original vouchers related to items of funding supported by the state in accordance with law.

2. For contents which are supported partly by the state, the unit assuming the prime responsibility shall mobilize fully funding sources for performance.

3. The unit assuming the prime responsibility for program is responsible for accuracy and truthfulness of relevant vouchers and invoices. All violations on vouchers and invoices being detected shall be sanctioned in accordance with law and refused for payment.

Article 11. Transfer of funding resources

The annual funding for national investment promotion being allocated by the state budget but not yet used up in planned year shall be supplement to use of the next year. The Ministry of Finance shall have written notice on the funding being allowed to transfer source on the basis of the general report and finalization of program performance in year from the Ministry of Planning and Investment.

Section 4. EFFECT

Article 12. Effect

This Circular takes effect on May 05, 2013.

In the course of implementation, any arising problems should be reported to the Ministry of Finance for timely settlement.