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MINISTRY OF
PLANNING AND INVESTMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom – Happiness
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No.
22/2010/TT-BKH
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Hanoi, December
02, 2010
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CIRCULAR
BUDGET
FOR SUPERVISION AND EVALUATION OF INVESTMENT
Pursuant to the Government's Decree No.
113/2009/ND-CP dated December 15, 2009 on supervision and evaluation of
investment;
The Government's Decree No. 116/2008/ND-CP dated
November 14, 2008 defining functions, tasks, entitlements and organizational
structure of the Ministry of Planning and Investment;
The Ministry of Planning and Investment provides
for budget for supervision and evaluation of investment as follows:
Chapter 1.
GENERAL PROVISIONS
Article 1.
Scope
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Article 2.
Regulated entities
This Circular applies to
agencies, organizations, and individuals involved in direct investments and
supervision and evaluation of investment.
Article 3.
Budget for supervision and evaluation of investment, and capital sources
1. Budget
for supervision and evaluation of investment are the budget for agencies,
organizations, and individuals involved in direct investment and supervision
and evaluation of investment to carry out supervision and evaluation of
investment.
2. Capital
sources for supervision and evaluation of investment include:
a) Budget for regular expenses
used for investment supervision and evaluation of organizations assigned to
carry out investment supervision and evaluation.
b) Budget for investment (included
in the total investment of the project) for supervision and evaluation of
investment by the investor.
Agencies, organizations, and
individuals assigned to carry out supervision and evaluation of investment
specified in Decree No. 113/2009/ND-CP (hereinafter referred to as supervisory
body) shall use state budget or other sources of capital to carry out
supervision and evaluation of investment properly, frugally, and efficiently
according to applicable regulations on financial management of the State and
provisions of this Circular.
Article 4.
Inspection of the management and use of the budget for supervision and
evaluation of investment
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With regard to projects under
the management of commune governments, the organization responsible for
financial management of each commune is also responsible for management of the
budget for supervision and evaluation of investment under its management in accordance
with this Circular.
Every year through periodic
inspections and irregular inspections at the request of competent authorities,
the aforementioned finance authorities shall inspect the management and use of
budgets for supervision and evaluation of investment by agencies and
organizations in charge of supervision and evaluation of investment under their
management in order to promptly take actions against violations committed
during the course of supervision and evaluation of investment.
Chapter 2.
SPECIFIC REGULATIONS ON
BUDGETS FOR INVESTMENT SUPERVISION AND EVALUATION
Section 1.
BUDGET FOR SUPERVISION AND EVALUATION OF INVESTMENT PROJECTS IN WHICH STATE
CAPITAL INVESTMENT IS 30% OR OVER
Article 5.
Budget for supervision and evaluation by investors of investment projects
in which state capital investment makes up 30% or over
1. Scope:
The investor shall perform the
following supervision and evaluation tasks:
a) Project monitoring as
specified in Clause 1 Article 3 of Decree No. 113/2009/ND-CP.
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c) Evaluation of the investment
project as specified in Clause 1, Clause 2, and Clause 3 Article 6 of Decree
No. 113/2009/ND-CP, including:
- Initial evaluation
(Clause 1 Article 6 of Decree No. 113/2009/ND-CP);
- Midterm
evaluation (Clause 2 Article 6 of Decree No. 113/2009/ND-CP);
- Final
evaluation (Clause 3 Article 6 of Decree No. 113/2009/ND-CP);
2. Products
of supervision and evaluation by the investor:
The products of the
aforementioned tasks shall be specified in the reports set out in Point c
Clause 1 Article 17 of Decree No. 113/2009/ND-CP.
3. The
budget for supervision and evaluation by the investor is 20% of the project
management budget according to applicable regulations.
4. Funding
source: included in total investment of the project.
5. Management
and use of budgets for supervision and evaluation of investment:
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b) If the investor hires
consultants to evaluate the project, such budget shall be managed similarly to
the budget for consulting services and must not exceed 10% of the project
management budget according to applicable regulations. Payments for consultancy
on project evaluation shall be advanced and paid in accordance with applicable
regulations on management and disbursement of capital applied to investment and
construction consultancy organizations.
c) If the investor evaluates the
project themselves, the revenue and expenditure estimate of the project
management budget shall include the revenue from the budget for supervision and
evaluation of investment and regular expenses of the investor, which includes
supervision and evaluation of investment.
Article 6.
Budget for monitoring by the investment decider of projects in which state
capital investment makes up 30% or over
1. Project
monitoring content:
The investment decider shall
assign his/her employees to monitor each project in details in accordance with
Clause 2 Article 3 of Decree No. 113/2009/ND-CP.
2. The
budget for project monitoring is 2% of the project management budget according
to applicable regulations of the monitored project.
3. Funding
source: budget for regular expenses of a competent authority.
4. Management
and use of budget:
Every year, the investment
decider shall, within the aforementioned budget for project monitoring,
formulate a project monitoring plan, estimate the budget for monitoring
investment projects, and include such estimate in the regular expense estimate.
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The organizations and
individuals in charge of monitoring projects of the investment decider shall
manage and use the budget for project monitoring in accordance with regulations
on management and use of budget for regular expenses of the competent
authorities.
Article 7.
Budget for monitoring by investment authorities of projects in which state
capital investment makes up 30% or over
1. Project
monitoring content:
The investment authority shall
assign its employees to monitor each project in details in accordance with
Clause 3 Article 3 of Decree No. 113/2009/ND-CP.
2. The
budget for project monitoring is 2% of the project management budget according
to applicable regulations of the monitored project.
3. Funding
source: budget for regular expenses provided from state budget.
4. Management
and use of budget:
Every year, the investment
authority shall, within the aforementioned budget for project monitoring,
formulate a project monitoring plan, estimate the budget for monitoring
investment projects, and include such estimate in the regular expense estimate.
The budget for project
monitoring shall be used to pay the project-monitoring units.
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Article 8.
Budget for inspection by the investment decider of projects in which state capital
investment makes up 30% or over
1. The
content of project inspection by the investment decider is specified in Clause
3 Article 4 of Decree No. 113/2009/ND-CP.
2. Products
of project inspection by the investment decider:
Inspection reports according to
applicable regulations. Depending on the nature and time of the project, the
investment decider may hold one or more inspections of the project.
3. The
budget for inspection is 6% of the project management budget according to
applicable regulations of the inspected project.
4. Funding
source: budget for regular expenses of a competent authority.
5. Management
and use of budget:
Every year, the investment
decider shall, within the aforementioned budget, formulate an inspection plan,
estimate the budget for inspection, include it in the estimate of regular
expenses, and establish inspectorates.
Inspectorates have the
responsibility to manage and use the budget for inspection in accordance with
regulations on management and use of the budget for regular expenses of
competent authorities.
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1. The
content of project inspection by investment authorities is specified in Clause
4 Article 4 of Decree No. 113/2009/ND-CP.
2. Products
of project inspection by investment authorities:
Inspection reports according to
applicable regulations. Depending on the nature and time of the project, the
head of each investment authority shall hold one or more inspections of the
project.
3. The
budget for inspection is 6% of the project management budget according to
applicable regulations of the inspected project.
4. Funding
source: budget for regular expenses provided from state budget.
5. Management
and use of budget:
The investment authority shall,
within the aforementioned budget, formulate an inspection plan, estimate the
budget for inspection, include it in the estimate of regular expenses, and
establish inspectorates.
The budget for project
inspection shall be used to cover the cost incurred by each inspectorate.
Inspectorates have the
responsibility to manage and use the budget in accordance with the Law on State
budget.
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1. Content:
The investment decider or
investment authority shall organize the project impact evaluation in accordance
with Clause 4 Article 6 of Decree No. 113/2009/ND-CP.
2. Products
of impact evaluation: Impact evaluation reports according to applicable
regulations.
3. The
budget for impact evaluation is 6% of the project management budget according
to applicable regulations of the project whose impacts are evaluated.
4. Funding
source: budget for regular expenses of competent authority or provided from
state budget.
5. Management
and use of budget:
Every year, each investment
decider or investment authority shall, within the aforementioned budget,
formulate an impact evaluation plan, estimate the budget for impact evaluation,
include it in the estimate of regular expenses, and establish impact evaluation
commissions.
Impact evaluation commissions
have the responsibility to manage and use the budget for impact evaluation in
accordance with regulations on management and use of the budget for regular
expenses of competent authorities or in accordance with the Law on State
budget.
Where the investment decider and
the investment authority hires an advisory organization or experts to evaluate
the project’s impacts, the management of such budget is similar to that of the
budget for consulting services, which must not exceed 5% of the project
management budget of the project whose impacts are evaluated. Payments for
consultancy on project impact evaluation shall be advanced and paid in accordance
with applicable regulations on management and disbursement of capital applied
to investment and construction consultancy organizations.
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1. Content:
The investment decider or
investment authority shall organize irregular project evaluations in accordance
with Clause 5 Article 6 of Decree No. 113/2009/ND-CP.
2. Products
of irregular evaluations: Irregular evaluation reports according to applicable
regulations.
3. The
budget for irregular evaluation is 4% of the project management budget
according to applicable regulations of the project that undergoes irregular
evaluation.
4. Funding
source: budget for regular expenses of competent authority or provided from
state budget.
5. Management
and use of budget:
Every year, the investment
decider or investment authority shall, within the aforementioned budget,
formulate an irregular evaluation plan, estimate the budget for irregular
evaluations, include it in the estimate of regular expenses, and establish
commissions in charge of irregular evaluations.
Such commissions have the
responsibility to manage and use the budget in accordance with regulations on
management and use of the budget for regular expenses of competent authorities
or in accordance with the Law on State budget.
Where the investment decider and
the investment authority hires an advisory organization or experts to carry out
the irregular evaluation, the management of such budget is similar to that of
the budget for consulting services, which must not exceed 3% of the project
management budget of the project that undergoes irregular evaluation. Payments
for consultancy on irregular evaluation of projects shall be advanced and paid
in accordance with applicable regulations on management and disbursement of
capital applied to investment and construction consultancy organizations.
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Article 12.
Budget for supervision and evaluation by investors of projects funded by other
sources of capital
1. Supervision
and evaluation tasks to be performed by investors:
Investors shall monitor their
projects in accordance with Clause 1 Article 8 of Decree No. 113/2009/ND-CP.
Investors are recommended to
evaluate their projects in accordance with Article 5 through 7 of Decree No.
113/2009/ND-CP.
2. Products
of supervision and evaluation by investors: reports according to applicable
regulations.
3. Budgets
for supervision and evaluation of investment:
The budget for project
monitoring is 5% of the project management budget of a similar project in which
state capital investment makes up 30% or over.
The budget for investment
evaluation is 10% of the project management budget of a similar project in
which state capital investment makes up 30% or over.
4. Funding
source: included in total investment of the project.
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Article 13.
Budget for monitoring by investment authorities of projects funded by other
capital sources
1. Content:
The investment authority shall
assign its employees to monitor each project in details in accordance with Clause
2 Article 8 of Decree No. 113/2009/ND-CP.
2. The
budget for project monitoring is 1% of the project management budget of a
similar project in which state capital investment makes up 30% or over.
3. Funding source:
budget for regular expenses provided from state budget.
4. Management
and use of budget:
Every year, the investment
authority shall, within the aforementioned budget for project monitoring,
formulate a project monitoring plan, estimate the budget for monitoring
investment projects, and include such estimate in the regular expense estimate.
The budget for project
monitoring shall be used to pay the project-monitoring units.
The organizations and
individuals in charge of monitoring projects of investment authorities shall
manage and use the budget for project monitoring in accordance with the Law on
State budget.
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1. Budget
for project inspection by the issuer of the Investment Certificate.
a) The inspection content
isspecified in Clause 1 Article 9 of Decree No. 113/2009/ND-CP.
b) Products of project
inspection:
Inspection reports according to
applicable regulations. Depending on the nature and time of the project, the
investment decider may hold one or more inspections of the project.
c) The budget for inspection is
3% of the project management budget of a similar project in which state capital
investment makes up 30% or over.
d) Funding source: budget for
regular expenses provided from state budget.
e) Management and use of budget:
Every year, the issuer of the
Investment Certificate shall, within the aforementioned budget, formulate an
inspection plan, estimate the budget for inspection, include it in the estimate
of regular expenses, and establish inspectorates.
Inspectorates have the
responsibility to manage and use the budget for inspection in accordance with
regulations on management and use of the budget for regular expenses of the
issuer of the Investment Certificate.
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a) The content of project
inspection by investment authorities is specified in Clause 2 Article 9 of
Decree No. 113/2009/ND-CP.
b) Products of project
inspection by investment authorities:
Inspection reports according to
applicable regulations. Depending on the nature and time of the project, each
investment authority shall hold one or more inspections of the project.
c) The budget for inspection is
3% of the project management budget of a similar project in which state capital
investment makes up 30% or over.
d) Funding source: budget for
regular expenses provided from state budget.
e) Management and use of budget:
Every year, each investment
authority shall, within the aforementioned budget, formulate an inspection
plan, estimate the budget for inspection, include it in the estimate of regular
expenses, and establish inspectorates.
The budget for project
inspection shall be used to cover the costs incurred by inspectorates.
Inspectorates have the responsibility
to manage and use the budget in accordance with the Law on State budget.
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Investment authorities shall
organize evaluation of projects funded by other sources of capital where
necessary and conformable with investment management requirements.
1. Budget
for impact evaluation:
a) Content of impact evaluation:
Investment authorities shall
organize the project impact evaluation in accordance with Clause 4 Article 6 of
Decree No. 113/2009/ND-CP.
b) Products of impact
evaluation: Impact evaluation reports according to applicable regulations.
c) The budget for impact
evaluation is 3% of the project management budget of a similar project in which
state capital investment makes up 30% or over.
d) Funding source: budget for
regular expenses provided from state budget.
e) Management and use of budget:
Every year, the investment
authority shall, within the aforementioned budget, formulate an impact
evaluation plan, estimate the budget for impact evaluation, include it in the
estimate of regular expenses, and establish impact evaluation commissions.
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Impact evaluation commissions
have the responsibility to manage and use the budget in accordance with the Law
on State budget.
Where an investment authority
hires an advisory organization or experts to evaluate the project’s impacts,
the management of such budget is similar to that of the budget for consulting
services, which must not exceed 2.5% of the project management budget of a
similar project in which state capital investment makes up 30% or over.
Payments for consultancy on project impact evaluation shall be advanced and paid
in accordance with applicable regulations on management and disbursement of
capital applied to investment and construction consultancy organizations.
2. Budget
for irregular evaluation:
a) Content of impact evaluation:
Investment authorities shall
organize irregular evaluation of projects in accordance with Clause 5 Article 6
of Decree No. 113/2009/ND-CP.
b) Products of irregular
evaluations: Irregular evaluation reports according to applicable regulations.
c) The budget for irregular
evaluation is 2% of the project management budget of a similar project in which
state capital investment makes up 30% or over.
d) Funding source: budget for
regular expenses provided from state budget.
e) Management and use of budget:
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The budget for irregular
evaluation shall be used to cover the costs incurred by the commissions in
charge of irregular evaluations.
The said commissions have the
responsibility to manage and use the budget in accordance with the Law on State
budget.
Where an investment authority
hires an advisory organization or experts to carry out the irregular
evaluation, the management of such budget is similar to that of the budget for
consulting services, which must not exceed 1.5% of the project management
budget of a similar project in which state capital investment makes up 30% or
over. Payments for consultancy on project impact evaluation shall be advanced
and paid in accordance with applicable regulations on management and
disbursement of capital applied to investment and construction consultancy
organizations.
Section 3.
BUDGET FOR OVERALL SUPERVISION AND EVALUATION OF INVESTMENT
Article 16.
Budgets for supervision and evaluation of investment of Ministries, regulatory
bodies, and local governments, state-owned corporations, and Corporation 91
1. Content:
a) Overall investment
monitoring: Article 11 of Decree No. 113/2009/ND-CP.
b) Overall investment
inspection: Article 12 of Decree No. 113/2009/ND-CP.
c) Overall investment evaluation
of the whole economy: Article 13 of Decree No. 113/2009/ND-CP.
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2. Products
of overall supervision and evaluation of investment
Reports on overall investment monitoring,
reports on overall investment inspection, reports on overall investment
evaluation of the whole economy, reports on overall evaluation of investment
management) according to applicable regulations.
3. The
budget for overall supervision and evaluation of investment is 2% of the
project management budget of projects that have to undergo supervision and
evaluation.
4. Funding
sources:
Sources of regular expenses
provided by state budget according to annual plans of Ministries, regulatory
bodies, and local governments, annual sources of regular expenses of
state-owned corporations and Company 91.
5. Management
and use of budget:
Every year, Ministries,
regulatory bodies, and local governments, state-owned corporations, and Company
91 shall, within the budgets for overall supervision and evaluation of
investment, formulate plans and estimate budget for overall supervision and
evaluation of investment .
The use of budgets for overall
investment monitoring shall be used in accordance with the Law on State budget
or regulations on management and use of budgets for regular expenses of
state-owned corporations and Corporation 91.
Chapter 3.
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Article 17.
Transition clauses
Relevant organizations and
individuals shall consider approving additional budget for supervision and
evaluation of investment in unfinished projects regulated by Decree No.
113/2009/ND-CP.
Article 18.
Implementation
This Circular comes into force
from January 16, 2011.
Relevant agencies,
organizations, and individuals are responsible for the implementation of this
Circular.
Difficulties that arise during
the implementation of this Circular should be reported to the Ministry of
Planning and Investment for consideration.
MINISTER
Vo Hong Phuc
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BUDGETS
FOR SUPERVISION AND EVALUATION OF INVESTMENT:
(Promulgated
together with Circular No. 22/2010/TT-BKH dated December 02, 2010 of the
Ministry of Planning and Investment)
No.
Content
Rate
I
Project management budget according to applicable
regulations
A
II
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1
Budget for supervision and evaluation by the
investor
20% A
2
Budget for project monitoring by the investment
decider
2% A
3
Budget for project monitoring by an investment
authority
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4
Budget for project inspection by the investment
decider
6% A
5
Budget for project inspection by an investment
authority
6% A
6
Budget for impact evaluation
6% A
...
...
...
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The budget for irregular evaluation
4% A
III
Budget for supervision and evaluation of investment
projects funded by other sources of capital
1
Budget for supervision and evaluation by the
investor
1.1
...
...
...
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5% A
1.2
The budget for project evaluation
10% A
2
Budget for project monitoring by an investment
authority
1% A
3
The budget for project inspection
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3.1
Budget for project inspection by the issuer of
the Investment Certificate.
3% A
3.2
Budget for project inspection by an investment
authority
3% A
4
The budget for project evaluation
...
...
...
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Budget for impact evaluation
3% A
4.2
The budget for irregular evaluation
2% A
IV
Budget for overall supervision and evaluation
of investment
2% A