What is the deadline for final settlement of completed projects funded by the state budget in Vietnam?

According to the provisions of Article 22 of Circular 09/2016/TT-BTC, the deadline for submitting the finalization file of the completed project for approval by the competent authority in Vietnam is calculated from the date of signing the handover minutes to put the project's work into use. The time for inspection and approval of the finalization is calculated from the date of receipt of the full finalization dossier in accordance with Article 8 of Circular 09/2016/TT-BTC. The maximum time specified is as follows:

The dossier for submitting the finalization for approval according to the guidance contents in Article 8 of Circular 09/2016/TT-BTC and Clause 4, Article 1 of Circular 64/2018/TT-BTC amending Circular 09/2016/TT-BTC includes the following documents:

- For completed projects, completed work items; projects permanently stopped with completed construction and equipment installation volumes:

• Submission form proposing finalization approval by the investor (original). In case of hiring an independent audit to perform the audit, the submission form must clearly state the agreed contents, the disagreed contents, and the reasons for disagreement between the investor and the independent audit unit;
• Finalization report form (original);
• All related legal documents (original or investor-certified true copies);
• Finalization dossiers of each contract including documents (original or investor-certified true copies): construction contracts and contract appendices (if any); minutes of acceptance of completed volumes according to payment stages; minutes of acceptance of the entire completed contract volume; contract finalization value calculation table (finalization A-B); contract liquidation minutes for cases eligible for contract liquidation according to the legal provisions on contracts; other documents as agreed in the contract related to the inspection and approval of the completed project finalization;
• Minutes of acceptance of the completed work or independent work item put into use, approval document of the acceptance results by the competent state authority (original);
• Finalization audit report of the completed project by the independent audit entity in case of hiring an independent audit to perform the audit (original);
• Inspection conclusions, inspection reports, audit reports by inspection, inspection authorities, State Audit in case the inspection, inspection authorities, State Audit conduct inspection, inspect, audit the project; investigation results of law enforcement agencies in case the investor violates the law and is investigated by law enforcement agencies; reporting the compliance status of these reports by the investor.

- For planned projects using development investment capital (if any); projects permanently stopped without construction and equipment installation volumes:

• Submission form proposing finalization approval by the investor (original);
• Finalization report form (original);- All related legal documents (original or investor-certified true copies);
• Finalization dossiers of each contract including original documents: construction contracts; minutes of acceptance of completed volumes according to payment stages; approval documents for adjustments, supplements, incurred changes (if any); minutes of acceptance of the entire completed contract volume; contract finalization value calculation table (finalization A-B); contract liquidation minutes for cases eligible for contract liquidation according to the legal provisions on contracts;
• Finalization audit report of the completed project by the independent audit entity in case of hiring an independent audit to perform the audit;
• Inspection conclusions, inspection reports, audit reports by inspection, inspection authorities, State Audit in case the inspection, inspection authorities, State Audit conduct inspection, inspect, audit the project; investigation results of law enforcement agencies in case the investor violates the law and is investigated by law enforcement agencies; reporting the compliance status of these reports by the investor.

During the inspection process, when the inspection authority issues a written request, the investor is responsible for presenting other related documents to serve the inspection of the finalization.

For more related contents, see: Circular 09/2016/TT-BTC, effective from March 05, 2016, and Circular 64/2018/TT-BTC amending Circular 09/2016/TT-BTC, effective from September 15, 2018.

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