17:51 | 26/10/2024

Payment for Investors Providing Services in the Form of BTL, BLT Contracts and Similar Investment Contracts

As far as I know, a BTL contract is a Build - Transfer - Lease service contract signed between a competent state authority and an investor or enterprise to construct infrastructure projects. Could you please clarify how payment to the investor providing services under BTL, BLT contracts and similar investment contracts is regulated? I hope you can provide me with an answer.

Article 18 of Circular 88/2018/TT-BTC stipulates the payment for investors providing services under BTL contracts, BLT contracts, and other similar contracts using public investment capital as follows:

1. Payment Principles:

- The payment for the government portion to investors providing services under BTL contracts, BLT contracts, and other similar contracts as stipulated in Clause 3 Article 11 of Decree No. 63/2018/ND-CP must be consistent with the content of the project contract signed between the competent state agency and the investor; and the regulations on the management and use of public investment capital.

- Conditions for payment, payment amounts, payment timings, payment deadlines, and payment documents must be specified in the project contract.

- The government's portion is paid from the time the service is provided according to the agreement in the project contract. Payments are made periodically based on the volume and quality of services agreed upon in the project contract.

2. Payment Dossier:

a) Legal dossier sent once: The agency or unit assigned to manage the government portion participating in the PPP project is responsible for sending the legal dossier to the State Treasury where the account is opened as a basis for payment control, including: the project contract, supplementary contract appendices, and legal documents attached to the project contract.

b) Payment dossier:

- A document determining the volume and quality of services of the investor or project enterprise;

- A payment request for investment capital from the agency or unit managing the government portion participating in the PPP project;

- Money transfer documents issued according to the accounting document system regulations of the Ministry of Finance.

c) The annual payment timeline for the government portion in the PPP project follows the legal regulations on public investment.

The above are the regulations on payment for investors providing services under BTL, BLT, and similar investment contracts.

Respectfully!

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