New regulations on management, payment and settlement of projects using public investment capital

The management and payment of public investment capital for tasks and projects must ensure compliance with regulations, efficiency, economy, transparency, and avoid loss and waste.

The Decree consists of 6 chapters and 56 articles detailing the management, payment and settlement of public investment capital for tasks and projects according to the provisions of the Law on Public Investment, including:

1- Managing and paying for public investment capital for public investment tasks and projects using state budget capital (including cases of using local budget capital for projects under central management); public investment tasks and projects using capital from legal revenue sources of state agencies and public service units for investment.

2- Final settlement of public investment capital from the state budget according to the budget year (final settlement according to the fiscal year).

3- Final settlement of public investment capital for completed projects, including tasks and projects specified in Section 1 above, after completion or suspension, stoppage, temporary suspension, cancellation, or termination according to the written permission to stop implementation by the person with authority to decide on investment.

Projects, works, and construction items using part or all of public investment capital: shall be implemented uniformly according to the provisions of this Decree, except for projects with separate regulations of the Government and the Prime Minister .

Projects with contributions in kind, labor days or completed works: based on the unit price of the kind, value of labor days or value of completed works to account for the value of the works and projects for monitoring and management.

Projects implemented in the form of using public investment capital supported by construction materials and other forms of in-kind support: ministries, central agencies, and provincial People's Committees shall specify the settlement of support capital in accordance with the actual conditions of the implementing unit and the State.

4- The process and procedures for payment and settlement of tasks and projects using official development assistance (ODA) capital and preferential loans from foreign donors shall comply with the provisions of this Decree. The procedures for capital withdrawal and capital withdrawal management shall comply with the Government 's regulations on management and use of official development assistance (ODA) capital and preferential loans from foreign donors.

In case an international treaty to which the Socialist Republic of Vietnam is a member has provisions different from those of this Decree, the provisions of the Law on International Treaties shall apply.

This Decree does not regulate the management, payment and settlement of public investment capital (except in cases where separate regulations of the Government are referred to and implemented according to this Decree) to:

- Subsidizing preferential credit interest rates and management fees; providing charter capital for policy banks and non-budgetary state financial funds; supporting investment for other policy subjects according to the Government's decisions or the Prime Minister's decisions. Management, payment and settlement for these subjects are carried out according to separate regulations of the Government.

- The task of providing capital to implement loans for central budget policy credit programs through the Policy Bank.

- State budget capital supports enterprises investing in agriculture and rural areas according to Government regulations.

- Local budget capital to implement preferential credit policies through the Social Policy Bank branches in provinces and centrally run cities.

- The task of supporting investment from public investment capital for policy subjects within the content of the National Target Program.

- Public investment capital to repay advanced capital to the Land Development Fund (management and payment of public investment capital to repay advanced capital to the Land Development Fund shall be implemented according to the Government's Decree regulating the Land Development Fund).

Control and payment agency

The State Treasury performs the task of disbursing public investment capital from the state budget and legal revenue sources of state agencies for investment.

Public service units shall control and disburse capital from legal revenue sources for investment of their units.

The agency authorized by the Ministry of National Defense and the Ministry of Public Security to control and disburse capital for secret state investment tasks and projects of the Ministry of National Defense and the Ministry of Public Security. The Ministry of National Defense and the Ministry of Public Security shall notify the Ministry of Finance of the authorization.

Principles of management and payment of public investment capital

The management and payment of public investment capital for tasks and projects must ensure the correct purpose, correct objects, and compliance with regulations on public investment management, state budget, current laws and regulations in this Decree. Ensure efficiency, savings, transparency, and no loss or waste.

Investors, superior agencies of investors and financial agencies at all levels shall properly perform their responsibilities and powers according to regulations on management and payment of public investment capital.

For public investment projects abroad, the signed contract, the current laws of the host country, international treaties to which the Socialist Republic of Vietnam is a member and the current laws of the Socialist Republic of Vietnam are the legal basis for implementing the management and disbursement of capital for public investment projects abroad. The competent authority, on behalf of the investor, shall request and carry out public investment capital payment transactions with the payment agency.

The total disbursed capital for a task or project must not exceed the total project investment approved or adjusted by the competent authority.

The amount of public investment capital disbursed for tasks and projects in a year must not exceed the total capital plan in the year arranged for each task and project (including the previous year's capital plan with the competent authority allowing the extension of implementation and disbursement time to the following year and the advanced capital from the next year's state budget estimate for each task and project).

The public investment capital disbursed for each work and item of the task or project must not exceed the estimated value in the summary table of estimated information (for cases of self-implementation or implementation without contract); must not exceed the contract value in the summary table of contract information; must not exceed the compensation, support and resettlement budget in the summary table of compensation, support and resettlement information.

In case the contract information summary table has provisions on advance payment, but the investor does not request advance payment but requests payment for completed volume, the payment agency shall make payment for completed volume according to the investor's request.

For costs calculated as a percentage (%) as prescribed, the payment agency shall make payment based on the investor's request.

The payment agency shall base on the completeness and information on legal documents, advance payment documents, and payment documents as prescribed in this Decree to disburse public investment capital.

The payment agency for state secret projects of the Ministry of National Defense and the Ministry of Public Security shall control and disburse public investment capital to beneficiaries at the request of investors and shall be responsible for the control and disbursement it performs.

The Decree stipulates the method of transaction at the payment agency: For transactions through the State Treasury system, the method of implementation is in accordance with the provisions of this Decree. For transactions through other payment agencies, the method of transaction is in accordance with the provisions of the payment agency where the investor conducts the transaction.

This Decree takes effect from the date of signing (September 26, 2025). Decree No. 99/2021/ND-CP dated November 11, 2021 of the Government on management, payment and settlement of projects using public investment capital is annulled (except for some cases implemented according to Decree No. 99/2021/ND-CP dated November 11, 2021 of the Government prescribed in Article 54 of this Decree); Article 6 of Decree No. 125/2025/ND-CP dated June 11, 2025 of the Government regulating the division of authority of local authorities at two levels in the field of state management of the Ministry of Finance.

Source: baochinhphu.vn

Source: https://baodongnai.com.vn/tin-moi/202509/quy-dinh-moi-ve-quan-ly-thanh-toan-quyet-toan-du-an-su-dung-von-dau-tu-cong-3941f27/