Vietnam: Types of documentation prepared by investors for investment capital payment

Vietnam: Types of documentation prepared by investors for investment capital payment (Illustrative image)

Under Circular 85/2014/TT-BTC, to manage and supervise the payment of investment capital, the investor must submit project documents to the State Treasury of Vietnam where its payment account is opened. These documents must be originals or certified true copies and submitted only once until the project investment ends for infrastructure investment projects serving the forestry project and for forestry projects until the end of funding from the State Budget (except in cases where supplementation or adjustment is required), including:

For investment preparation:

- The approved cost estimate for investment preparation;

- The approval document for the selection results of contractors according to the Bidding Law;

- The investor's approval document (for forestry operation projects);

- The contract between the investor and the contractor.

- In case the investor self-executes: the document set includes (the approved cost estimate for investment preparation, the assignment document, or the internal contract).

For investment:

- For domestically funded projects:

+ The construction investment project (or economic-technical report for projects only required to prepare an economic-technical report) together with the investment decision of the competent authority, and the project adjustment decisions (if any);

+ The approval document for the contractor selection results according to the Bidding Law (for technical infrastructure investment projects serving forest protection and development);

+ The investor's approval document (for forestry operation projects);

+ The construction contract between the investor and the contractor (including accompanying documents as required, except technical documents); for forestry work, it is the forestry contract between the investor and contractors or teams, households, individuals, and community groups participating in the project implementation;

+ The estimate and the investor's estimate approval decision for each task, project item, construction project in case of direct contracting or self-implementation and tasks executed without contracts;

+ The capital source appraisal document as required (applied to projects managed by localities).

- For ODA projects: In addition to the above-required documents, a legal Vietnamese translation signed and sealed by the investor must be provided: the international treaty on ODA signed between Vietnam and the donor and other related payment documents (if any). The contract between the investor and the contractor must be in Vietnamese or a Vietnamese translation signed and sealed by the investor (stipulating payment conditions, payment terms, and other content directly related to the contract payment). The investor is legally responsible for the correctness and accuracy of the Vietnamese translation content.

For self-execution by the investor:

+ The construction investment project (or economic-technical report for projects only required to prepare an economic-technical report) and the investment decision of the competent authority, and the project adjustment decisions (if any);

+The estimate and the investor's estimate approval decision for each task, project item, and construction project (except for projects only required to prepare an economic-technical report);

+ The document from the competent authority allowing self-execution (if not included in the investment decision of the competent authority);

+ The assignment document or internal contract.

Detailed information can be found in Circular 85/2014/TT-BTC effective from August 15, 2014.

Ty Na

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