July 17, 2019 23:36

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New Decree on controlling the expense of ODA capital and preferential loans

15:37 | 12/10/2018

VCN – The government issued a Decree 132/2018/NĐ-CP amending and supplementing some articles of Decree 16/2016/NĐ-CP dated 16/3/2016 about management and using Official Development Assistance (ODA) and preferential loans of sponsors from abroad, in that supplementing regulation on controlling the expense of ODA capital and concessional credit.

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Illustration image. Source: Internet

Accordingly, the control and payment of ODA capital, preferential loans (expense control) would comply with the current regulations on state budget capital. The State Treasuries at all levels implemented the control payment dossiers of projects or project components allocated by the State budget; The project applied the partial allocation scheme, partial re-lending of loans and re-lending projects of People's Committees at provincial level (1).

The re-lending agency is authorized by the Ministry of Finance and would control the payment dossier of the project or the project component which applies the entire mechanism of re-borrowing (2).

For other programs and projects that have not been identified yet under the items (1) and (2) as mentioned above, the Ministry of Finance determines the appropriate expense control agency and ensures the principle of only one authority of controlling expense to control expense activities of the project.

Regarding the form of expense control and pre-expense control, the expense control agency would check and certify the legality and validity of the expenditures before the project owners withdraw capital for making payment to the contractors or beneficiaries. Pre-expense control would apply to the expense which was not covered in item (3) as below.

The post-expense control means that the expense control agency would check and certify the legality and validity of the expenditures after the project owners have withdrawn capital for making payment to the contractors or beneficiaries. Post-expense control would be applied to the following cases: Payment from the advance account to the contractor or supplier, except for the advance account managed by the Ministry of Finance as owner would apply pre-expense control.

To transfer money from advance accounts to custody accounts for making payment of independent auditing expenses after closing the advance account; Transfer from advance accounts to second-level accounts for projects managed by multi-levels; Expense from second-level accounts for the project management activities of the cost estimates that are already approved by competent authorities (3).

Within 30 days after the withdrawal of capital, the project owner should complete the payment dossier and send it to the expense control agency for certification as the basis for the next payment. In case of necessity, the project owner has the right to agree with the contractor by applying the pre-expense control for the expenses as mentioned in item (3) above and send them to the expense control agency for coordinated implementation.

By Nguyễn Hà/Thanh Thuy