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CIRCULAR

GUIDELINES ON USE OF EXPENDITURE RELATED TO DREDGING OF SEAPORT WATERS UNDER MANAGEMENT AND PRODUCT COLLECTION OF MINISTRY OF TRANSPORT

Pursuant to Law on state budget dated June 25, 2015;

Pursuant to Decree No.163/2016/ND-CP dated December 21, 2016 of Government on elaborating to a number of Articles of Law on State budget;

Pursuant to Decree No. 32/2019/ND-CP dated April 10, 2019 of Government on assignment, order placement or bidding for product and public service provision using state budget from recurrent expenditure;

Pursuant to Decree No. 159/2018/ND-CP dated November 28, 2018 of Government on dredging in harbors and inland waterways;

Pursuant to Decree No.32/2015/ND-CP dated March 25, 2015 of Government on management of construction expenditure;

Pursuant to Decree 37/2015/ND-CP dated April 22, 2015 of Government on elaborating to construction contract;

Pursuant to Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on construction project management; Decree No.42/2017/ND-CP dated April 5, 2017 of Government on amendments to a number of Articles of Decree No. 59/2015/ND-CP dated June 18, 2015 of Government on construction project management;

Pursuant to Decree No. 87/2017/ND-CP dated July 26, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Finance;

At the request of the Director General of the Department of Corporate Finance,

Minister of Finance promulgates Circular providing guidelines on use of expenditure related to dredging of seaport waters under management and product collection of Ministry of Transport.

Article 1. Scope

1. This Circular provides guidelines for use of expenditure related to dredging of seaport waters under management and product collection of Ministry of Transport, including: Use of expenditure returned by investors selected for project execution; use of fines according to project agreements and expenditure on supervision consultants and supervision assistance consultants.

2. This Circular does not apply to dredging in investment for construction of new navigation channels, dredging for upgrade of navigation channels that changes approved designs of channels and maintenance dredging of navigation channels under management of Ministry of Transport using state budget funding.

Article 2. Regulated entities

This Circular applies to:

1. Ministry of Transport.

2. Vietnam Maritime Administration.

3. Domestic and foreign organizations and individuals eligible for provision of seaport waters dredging in combination with product collection as per the law.

4. Organizations and individuals related to dredging of seaport waters in combination with product collection.

Article 3. Management of expenditure returned by investors selected for project execution

Investors selected for project execution shall return expenditure on preparation for project investment and execution specified in Points a, b and c Clause 1 Article 25 of Decree No. 159/2018/ND-CP dated November 28, 2018 of Government on management of dredging in seaport waters and inland waterway in form of submission to state budget.

Article 4. Management of fines according to project agreements

Investors selected for project execution shall submit fines according to project agreements as per the law.

Article 5. Expenditure on supervision consultants and supervision assistance consultants of project execution

1. After selecting independent consultants to supervise contract execution, investors, supervision consultants and the Vietnam Maritime Administration shall enter into contracts with 3 parties on implementation. The contracts must specify payments made to the supervision consultants by the Vietnam Maritime Administration after the investors transfer money to accounts of the Vietnam Maritime Administration at State Treasury.

2. In case the Vietnam Maritime Administration chooses different consultants to assist supervision, the investors shall transfer money to accounts of the Vietnam Maritime Administration at State Treasury to make payment for supervision assistance consultant services.

3. Expenditure on supervision consultants and supervision assistance consultants must depend on expenditure quota issued by specialized competent agencies, ensuring total expenditure on supervision consultants and supervision assistance consultants does not exceed expenditure on construction supervision issued by specialized competent agencies.

4. Control and payment of expenditure on supervision consultants and supervision assistance consultants shall comply with Circular No. 161/2012/TT-BTC dated October 2, 2012 of Minister of Finance on control and payment of state budget expenditure through State Treasury, Circular No. 39/2016/TT-BTC dated March 1, 2016 of Minister of Finance on amendments to Circular No. 161/2012/TT-BTC.

Article 6. Entry into force

1. This Circular comes into force from February 24, 2020.

2. If legislative documents referred to in this Circular are amended or replaced, the new documents will prevail.

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

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