What are the guidelines for control and payment of regular expenditures via the State Treasury of Vietnam under Circular 17/2024/TT-BTC?
What are the principles of control and payment via the State Treasury of Vietnam?
Under Article 2 of Circular 17/2024/TT-BTC, the principles of control and payment via the State Treasury of Vietnam are specified as follows:
- The State Treasury shall control and make payments according to the provisions of Clause 5, Article 56 of the Law on State Budget 2015. To be specific:
+ State budget expenditures shall only be made when such expenditures are included in the allocated budget estimates, except for the case specified in Article 51 of the Law on State Budget 2015; the head of the budget-using unit, the investor or an authorized person has issued a decision on making such expenditures, and the account balance of the unit may cover such expenditures.
+ The State Treasury shall check the legality of expenditure records and attached documents under administrative procedures. The State Treasury may formulate regulations in the Government’s Decrees. In case expenditure records and attached documents of the budget-using unit sent to the State Treasury deliberately forge or replace contents, the budget-using unit shall be responsible in accordance with law.
For documents not subject to administrative procedures sent to the State Treasury specified in the Government's Decrees, the budget-using unit shall control payment contents and payment documents in accordance with the provisions of law.
+ The State Treasury of Vietnam controls expenditure norms (expenditure levels) as prescribed in legislative documents. Where agencies and units implement the autonomy mechanism under the permission of competent authorities, the control must comply with the internal expenditure regulations and be in accordance with the autonomously allocated estimates.
- Expenditures shall comply with the principle of advance payment as prescribed in Clause 5, Article 34 of Decree 163/2016/ND-CP.
- Advance payments and cash payments must comply with the provisions of the Circular guiding the management of cash revenues and expenditures via the State Treasury system of the Ministry of Finance.
- In case state budget expenditures are electronically made via the public service portal of the State Treasury, the control and payment of the State Treasury must comply with regulations on electronic transactions in professional operations of the State Treasury specified in Decree 165/2018/ND-CP; Decree 11/2020/ND-CP; Decree 45/2020/ND-CP; Circular 87/2021/TT-BTC.
What are the forms of control and payment of regular expenditures via the State Treasury of Vietnam from May 1, 2024?
Article 3 of Circular 17/2024/TT-BTC clearly states the forms of control and payment of recurrent expenditures through the State Treasury from May 1, 2024 as follows:
The State Treasury shall control and pay regular expenditures funded from the State budget via the State Treasury in the following forms:
- Payment before control:
+ Payment before control is a form of payment applied to each payment of contracts requiring multiple payments, except for the last payment. After receiving all legal and valid documents, the State Treasury shall carry out payment procedures for beneficiaries within 01 working day; at the same time, send 01 debt record to the unit to confirm the payment, send 01 credit record to the unit (if the beneficiary unit opens an account at the State Treasury).
+ Within 01 working day from the date of payment, the State Treasury shall control documents according to the prescribed regime.
+ In case, after the control, the expenditure does not comply with the prescribed regime, the State Treasury shall notify in writing the results of expenditure control (according to Form No. 01 enclosed with this Circular) to the budget-using unit; then process the withdrawal and deduction of the paid amount on the next adjacent payment; in case the next adjacent payment does not have enough amount of works completed/estimates to deduct, the State Treasury shall comply with the provisions of Clause 2, Article 4 of Circular 17/2024/TT-BTC
- Control before payment:
Control before payment is a form of payment applied to all expenditures. The State Treasury will control and make payments according to the time specified in Decree 11/2020/ND-CP after receiving all legal and valid documents as prescribed.
When does Circular 17/2024/TT-BTC come into force?
Under Article 10 of Circular 17/2024/TT-BTC:
Effect
1. This Circular comes into force from May 1, 2024.
2. In the course of implementation, if reference legislative documents used in this Circular are amended, supplemented or replaced by new documents, such amended or supplemented or replaced documents shall apply.
3. This Circular replaces Circular No. 62/2020/TT-BTC dated June 22, 6 of the Ministry of Finance providing for guidelines on the control and payment of recurrent expenditures funded from the State Budget via the State Treasury.
According to the above regulations, Circular 17/2024/TT-BTC providing for guidelines on the control and payment of recurrent expenditures funded from the State Budget via the State Treasury comes into force from May 1, 2024.
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