THE MINISTRY
OF PLANNING AND INVESTMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.05/1999/TT-BKH
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Hanoi,
November 11, 1999
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CIRCULAR
GUIDING THE
MANAGEMENT OF PLANNING PROJECTS
Pursuant to the Regulation on Investment and
Construction Management promulgated together with the Government's Decree
No.52/1999/ND-CP of July 8, 1999, the Ministry of Planning and Investment
hereby guides in detail the management of planning projects funded by the State
budget as follows:
1. Classification of planning projects
Planning projects include:
1.1. Overall planning projects for
socio-economic development of the whole country, inter-provincial regions,
provinces and centrally-run cities;
1.2. Planning projects for branch development
under the Government’s regulations;
1.3. Construction planning projects, including:
regional construction planning, general planning for urban and rural
construction, detailed planning for urban and rural functional quarters and
specialized construction planning (traffic, water supply, electric power
supply, water drainage, information and communication systems; waste treatment
and environmental hygiene protection works...).
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2.1. Funds for formulation of planning projects
include funds for investigation, survey and study for formulation, evaluation,
consideration and ratification of plannings;
2.2. Planning projects using the State budget
funds, which are balanced in annual investment plans, include:
- Overall planning project for the general
socio-economic development of the whole country;
- Overall planning projects for the
socio-economic development of regions (inter-provincial regions, provinces and
centrally-run cities) and territories;
- Branch development planning projects,
including planning for industrial park system, planning for land use throughout
the country;
- Regional construction planning projects,
general urban and rural population quarter planning.
- Other planning projects decided by the Prime
Minister.
2.3. The following planning projects shall not
use the investment capital from the State budget:
- Detailed planning projects for construction of
urban and rural functional quarters;
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- Detailed planning projects for construction of
new urban areas;
- Specialized detailed planning projects in
service of formulation of investment projects.
Capital sources for realization of such plannings
shall be mobilized from investment projects and accounted into the execution
costs of investment
projects.
3. Assigned responsibilities for managing funds
of planning projects
Funds for formulation of planning projects shall
be managed according to the following responsibility assignment:
3.1. Planning projects managed by the central
government:
- Overall planning project for socio-economic
development of the whole country;
- Planning projects for branch development,
including planning for industrial park system, planning for land use throughout
the country;
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The Ministry of Planning and Investment shall
perform the State management over the overall socio-economic development
planning and branch development plannings, and directly organize the execution
of overall planning projects for socio-economic development of the whole
country, inter-provincial regions, key regions, and other planning projects
decided by the Prime Minister.
The Ministry of Construction shall perform the
State management over the construction plannings, and directly organize the execution
of planning projects for construction of key regions, inter-provincial regions,
plannings for general construction of urban centers of grade 1 and grade 2;
plannings for construction of a number of rural population quarters and other
planning projects decided by the Prime Minister.
The branch-managing ministries shall organize
the execution of branch development planning projects and the planning for land
use throughout the country according to the Prime Minister's regulations.
3.2. Planning projects managed by local
administration:
The People's Committees of the provinces and
centrally-run cities shall organize the execution of the following planning
projects:
- The overall planning projects for
socio-economic development of provinces and centrally-run cities;
- The planning projects for construction of
regions within the territories of the provinces and centrally-run cities.
- The general planning projects for urban
centers and detailed plannings of urban centers of grade 3, grade 4 and grade
5.
- The planning projects for land use within the
provinces and centrally-run cities.
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4. The plan for formulation of planning projects
funded with the State budget:
4.1. On guidelines:
- Overall planning project for socio-economic
development of the whole country, plannings for economic regions and key
regions and planning for industrial park system throughout the country shall be
studied and proposed by the Ministry of Planning and Investment to the Prime
Minister.
- Overall planning projects for socio-economic
development of the provinces and centrally-run cities shall be studied and
proposed by the People's Committees of such provinces and cities to the Prime
Minister.
- Planning projects for construction of
inter-provincial regions, construction of key economic regions and the general
planning for cities of grades 1 and 2 shall be studied and proposed by the
Ministry of Construction to the Prime Minister.
- Branch development planning projects
(including planning for development of industrial parks, and the planning for
land use throughout the country) studied and proposed by the branch-managing
ministries to the Prime Minister.
The Prime Minister shall consider planning
projects proposed by the ministries, branches, provinces and centrally-run
cities and adopt guidelines thereon. Basing themselves on such guidelines, the
ministries, branches, provinces and centrally-run cities shall direct the
functional agencies to draw up and adopt planning programs or tasks and
detailed cost estimates of planning projects.
Other planning projects (besides those specified
in Section 4, Item 4.1) shall be decided by the ministries, provinces and
centrally-run cities in accordance with Point 2.2.
4.2. Plan synthesization and assignment
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b/ Depending on the State budget's annual
funding capability, the Ministry of Planning and Investment shall balance the
funding level planned for the planning work of the ministries and localities
for synthesization and submission to the Prime Minister for decision together
with investment plans covered by the State budget.
c/ After the National Assembly adopts the State
budget plan proposed by the Government, the Prime Minister shall assign the
norms of investment plans covered by the State budget to the ministries,
branches and localities, clearly stating the total fund reserved for the
planning work.
d/ Basing themselves on their allocated capital
amounts, the ministries, branches, provinces and centrally-run cities shall
allocate specific capital amount to each planning project, and register it with
the Ministry of Planning and Investment, the Ministry of Finance and the
Ministry of Construction for monitoring the implementation and capital
allocation.
Planning projects included into plans must be
adopted by the competent level(s) in terms of undertaking. Each project must be
drawn up with program, work volume or tasks and cost estimates approved by the
concerned minister, head of the agency attached to the Government or the
president of the People's Committee of the province or centrally-run city.
5. Management of allocation and final settlement
of capital for planning projects
5.1. Allocation of advance capital :
a/ The conditions for being allocated advance
capital:
A planning project shall be allocated advance
capital when it fully meets the following conditions:
- Having its program or tasks ratified in
writing by the competent level;
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- Being included in the planning capital plan;
- Having an economic contract between the
investor and the contracting unit.
b/ The advance capital level:
The capital level to be allocated in advance to
a planning project shall be equal to 25% to 50% of the contract's value, but
must not exceed such planning project’s
annual capital plan.
In cases where the planned capital of the whole
year is lower than the above-said advance capital level, the capital-allocating
agency shall continue allocating advance capital to the contract in the next
year’s plan till the prescribed
advance capital level is attained.
c/ Retrieval of advance capital:
The capital allocated in advance to planning
projects shall be retrieved upon each allocation of capital for settlement of
the completed planning work volume, on the following principles:
- The time of retrieval shall be the beginning
of the period for settlement of the completed planning volume for the first
time;
- The advance capital level to be retrieved in
the settlement fund each time shall correspond to the advance percentage.
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In cases where the project is not further
planned or suspended from execution while the advance capital is not yet fully
retrieved, the investor shall have to explain the use of unretrieved advance
capital to the capital-allocating agency, and at the same time report it to the
competent level for handling.
5.2. Allocation of capital for settlement of
completed planning volume:
a/ A planning project shall be allocated capital
when it fully meets the following conditions:
- Having its tasks ratified in writing by the
competent level;
- Having the planning work cost estimate
approved;
- Having the competent level’s decisions to set up the project management
board and appoint the person in charge of accounting work;
- Having detailed plan on the planning volume to
be performed in the plan year approved by the competent level;
- Having an economic contract between the
investor and the contractor;
- Its completed planning volume is eligible for
settlement and compatible with the approved cost estimates.
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c/ To be allocated capital for settlement of
completed planning work volume, the investor shall have to send to the
capital-allocating agency the following documents (in addition to initially
sent documents):
- The written record on inspection and
acceptance of the completed planning work volume of the studying and proposing
agency.
- The table of detailed calculation of the value
of the completed volume enclosed with the cost synthesizing table.
- Other settlement vouchers.
Within 5 working days after receiving complete
and valid dossiers, the capital-allocating agency shall examine such dossiers
and allocate capital to the investors, and at the same time make payments to
the contracting units and retrieve the capital allocated in advance according
to the principles prescribed in Item 5.1, Point c of this Circular.
For a completed planning project that has
already been inspected and accepted, but not yet been ratified by the competent
level (there has not been a decision to ratify the planning blueprint), if the
economic contract contains no binding provision, the investor shall have to
report to the managing agency and the finance agency of competent level in
order to get in full the payment for the contracting unit according to the
economic contract.
5.3. Final settlement of planning projects shall
be made at the end of each plan year and upon the completion of such projects;
and the investors shall have to make final settlement of projects according to
the current financial management regulations.
6. Inspection of and report on the performance
of plans
According to their respective State management
functions, the Ministry of Planning and Investment, the Ministry of Finance and
the Ministry of Construction shall conduct regular or irregular inspections of
the allocation and use of the planning capital source, and propose appropriate
handling measures.
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7. Implementation effect
This Circular takes effect 15 days after its
issuance.
The study contents of planning projects,
procedures, rules, unit prices and norms according to the functions prescribed
in Article 8 of the Investment and Construction Management Regulation
promulgated together with the Government’s
Decree No.52/1999/ND-CP shall comply with specific guidance by the
Ministry of Planning and Investment and the Ministry of Construction.
Any problems arising in the course of
implementation should be reported by the concerned ministries, branches and
localities to the Ministry of
Planning and Investment for study and
appropriate supplement.
MINISTER OF
PLANNING AND INVESTMENT
Tran Xuan Gia