Regulations on payment for BT projects in Nghe An province

Kinhtedothi - The Government has issued Decree 64/2025/ND-CP regulating loan interest after construction period, reasonable profit, payment method, and final settlement of investment project implementation applying BT contract type in Nghe An province.

The total capital paid for the BT project must not exceed the total investment approved by the competent authority.

In which, the Decree clearly states the regulations on payment for BT projects.

Source of capital for BT project payment

The Decree stipulates that the capital sources for BT project payment include: Public investment capital from the state budget in the province's medium-term and annual public investment plan; revenue from public asset auctions and land use rights auctions.

Nghe An Provincial People's Committee reports to Nghe An Provincial People's Council to decide on the use of capital sources specified above to pay for BT projects.

Principles of control and payment of investment capital

The Decree stipulates that the State Treasury shall perform the task of controlling and paying for public investment capital from the state budget, revenue from public asset auctions, and land use rights auctions according to regulations.

The agency signing the BT project contract opens an account at the State Treasury where it is convenient for transactions. The opening of an account for control and payment shall comply with the Government's regulations on administrative procedures in the field of the State Treasury and the Ministry of Finance's regulations on instructions for registration and use of accounts at the State Treasury.

After receiving the detailed document on allocation of public investment plan capital (including adjustments and supplements, if any) from the People's Committees at all levels of Nghe An province, for tasks and projects that have completed investment procedures according to the provisions of Resolution No. 137/2024/QH15 and have been allocated and adjusted for capital allocation, the State Treasury shall base on the payment request dossier of the BT contract signing agency, the payment terms stipulated in the BT contract and BT contract appendix (if any), the number of payments, payment period, payment time, payment conditions and the value of each payment to pay capital for the project.

In case the payment request dossier of the BT contract signing agency does not ensure the correct regime or lacks documents as prescribed in this Decree, the State Treasury shall refuse to make payment and no later than 03 working days from the date of receipt of the payment request dossier of the BT contract signing agency, the State Treasury must issue a written notice specifying the reason for refusal to make payment and send it to the BT contract signing agency once for completion and supplementation as prescribed in this Decree.

The maximum period for State Treasury capital control and payment is 03 working days from the date of receipt of complete payment documents from the BT contract signing agency as prescribed in this Decree.

The total capital paid for the BT project must not exceed the total investment approved by the competent authority, the amount of state budget capital disbursed in the year for the BT project must not exceed the public capital plan in the year allocated for the project, the amount of money collected from the auction of public assets and auction of usage rights has been paid into the state budget to pay for the project.

The State Treasury is responsible for controlling and paying capital promptly, fully, and in accordance with regulations for projects when payment conditions and payment documents are sufficient according to regulations.

The agency signing the BT contract is responsible for managing and using capital for the right purpose, right target, economically and effectively; complying with current legal regulations; and being responsible for the accuracy of the implemented volume, unit price, proposed payment value, and records and documents provided to the State Treasury.

BT project payment conditions

The Decree clearly stipulates that the BT project is included in the list of BT projects in the medium-term and annual public investment plan of the province approved by the People's Council of Nghe An province.

The time for arranging public investment capital to pay for BT projects from the time the project is completed and handed over to the State is no more than 06 years for group A projects, no more than 04 years for group B projects, and no more than 03 years for group C projects.

The BT contract and the BT contract appendix must have specific provisions on the ratio of equity and loan capital; capital sources, conditions, terms, and number of times the State makes payments to the BT project enterprise or investor (in case the BT project enterprise is not established).

The State shall pay the BT project enterprise or investor (in case the BT project enterprise is not established) after the BT project or the construction item or construction work under the independently operated BT project is certified as completed by the BT contract signing agency in accordance with the provisions of the construction law and the value of the completed BT project, the construction item or construction work under the independently operated BT project has been audited.

The final payment will only be made after the value of the public investment capital of the completed BT project has been approved by the competent authority for the final settlement of the investment capital of the completed BT project.

Source: https://kinhtedothi.vn/quy-dinh-ve-thanh-toan-du-an-bt-tren-dia-ban-tinh-nghe-an.html