Regulations on return of advance to the land development funds in Vietnam are stipulated in Decree 104/2024/ND-CP.
Regulations on return of advance to the land development funds in Vietnam (Image from the Internet)
The regulations on return of advance to the land development funds in Vietnam according to Article 18 of Decree 104/2024/ND-CP are as follows:
- return of advance from the project's approved capital:
+ Organizations that received advance as per Clause 1, Article 14 of Decree 104/2024/ND-CP shall prepare a application requesting return of advance to the land development funds and submit it to the State Treasury (where the organization opened its account). The application includes:
Request for repayment of advanced capital to the Land Development Fund (clearly stating the amount of advanced capital from the Land Development Fund not yet repaid and the repayment period): 02 original copies;
Withdrawal document as per the Template in the Appendix issued with Decree 104/2024/ND-CP: 02 original copies, and for cases submitting via the State Treasury's online public service portal, the documents must be digitally signed as required;
Decision on advancing capital from the Land Development Fund issued by the competent authority as stipulated in Clause 1, Article 16 of Decree 104/2024/ND-CP: 01 copy;
+ Within 03 working days from the date of receiving the complete application as stated in point a, Clause 1, Article 18 of Decree 104/2024/ND-CP, the State Treasury shall verify the legality of the documents submitted by the organization; if conformable, the State Treasury will transfer the money to the land development funds; if not conformable, the State Treasury will decline the transfer.
Other procedures regarding transactions with the State Treasury shall follow the regulations of the Government of Vietnam on administrative procedures in the State Treasury's field.
+ The finalization of the completed project shall follow the provisions of the law regarding the finalization of projects using public investment capital.
- Return of advance in other cases (not covered in Clause 1, Article 18 of Decree 104/2024/ND-CP):
+ Based on the outstanding advance amount (including previous amounts if any), the repayment period, and the repayment plan, the organization receiving advance as per Clause 1, Article 14 of Decree 104/2024/ND-CP shall report to the local competent authority to allocate it into the developmental investment budget of the corresponding level to repay the advance to the Fund.
+ The source for repaying advance to the land development funds is allocated from the developmental investment budget. The establishment, appraisal, and approval of the budget plan shall comply with the legal provisions on state budget management.
+ Based on the budget plan approved by the competent authority, the organization receiving advance shall prepare a application requesting return of advance to the land development funds and submit it to the State Treasury. The application includes:
Request for repayment of advanced capital (clearly stating the amount of advanced capital from the Land Development Fund not yet repaid and the repayment period): 02 original copies;
Withdrawal document as per the Template in the Appendix issued with Decree 104/2024/ND-CP: 02 original copies, and for cases submitting via the State Treasury's online public service portal, the documents must be digitally signed as required;
+ Within 03 working days from the date of receiving the complete application as stipulated in point c, Clause 2, Article 18 of Decree 104/2024/ND-CP, the State Treasury shall verify the legality of the documents; if conformable, the State Treasury will transfer the money to the land development funds; if not conformable, the State Treasury will decline the transfer.
Other procedures regarding transactions with the State Treasury shall follow the regulations of the Government of Vietnam on administrative procedures in the State Treasury's field.
+ The organization receiving advance shall complete the reconciliation of the repaid amount to the land development funds along with the annual state budget reconciliation.
- The repayment amounts stated in Clause 1 and Clause 2, Article 18 of Decree 104/2024/ND-CP shall be repaid to the land development funds to continue fulfilling the tasks prescribed in Decree 104/2024/ND-CP and must not be used for other purposes.
- Any unutilized advance must be returned to the land development funds within 30 days from the date of completion of the utilization of the advance for the proposed content.
The management of advance from the land development funds in Vietnam according to Article 17 of Decree 104/2024/ND-CP are as follows:
- The management cost of advance from the land development funds is equivalent to the interest rate applied to VND deposits of the State Treasury at the State Bank of Vietnam as decided by the Governor of the State Bank of Vietnam during the same period.
- The management cost of advance from the land development funds is included in other costs within the total investment of the project or the task budget.
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