ON THE FINAL SETTLEMENT OF PROJECT INVESTMENT CAPITAL

1. This Decree provides for the final settlement of project investment capital for investment projects, pre-investment preparation tasks (projects or costs), project preparation tasks and planning tasks (hereinafter collectively referred to as projects) using public investment capital, recurrent expenditures from the state budget, and other state budget funds not falling within the scope of public investment laws, upon completion or termination/suspension/cancellation of implementation by written authorization of the person with authority to decide on investment (hereinafter referred to as termination).

2. Projects, works and independent sections of works using part or all of public investment capital, recurrent expenditures from the state budget, and other state budget funds not falling within the scope of public investment laws shall be implemented uniformly in accordance with this Decree, except for projects with separate regulations of the Government or the Prime Minister.

Projects with contributions in kind, labor days or completed works: the unit price of the in-kind contribution, the value of labor days or the value of the completed works as approved in the final settlement shall be used as the basis for accounting the value of the works and projects for monitoring and management purposes.

Projects implemented using capital to provide support in construction materials or other in-kind assistance: province-level People's Committees shall specify the final settlement of the supported capital portion in accordance with local and state conditions.

3. Investment projects using official development assistance (ODA) and concessional loans from donors shall carry out final settlement of project investment capital in accordance with the relevant international treaties on ODA and concessional loans, the Government's separate implementation Decree and the Ministry of Finance's separate implementing Circular. Where no such treaty, Decree or Circular applies, this Decree shall govern.

4. Agencies, organizations and individuals may apply this Decree to prepare final settlement reports, review and approve the final settlement of project investment capital for projects not falling within the scope of clauses 1 and 2 of this Article, and shall be responsible for their decisions.

5. Projects on the list of state secrets under the law on state secret protection implemented by the Ministry of National Defense and the Ministry of Public Security, and investment projects of overseas representative missions of the Socialist Republic of Vietnam: the Minister of National Defense, the Minister of Public Security and the Minister of Foreign Affairs shall prescribe the preparation of final settlement reports, review and approval of project investment final settlement in accordance with the specific management requirements of their respective sectors and shall be responsible for their regulations.

This Decree applies to agencies, organizations and individuals involved in the final settlement of project investment capital falling within the scope of Article 1 of this Decree upon completion or termination of implementation.

1. Other state budget funds not falling within the scope of public investment laws means state budget funds used for expenditure tasks as prescribed in clause 5 Article 9, points b and c of clause 1 Article 37, and points b and d of clause 1 Article 39 of the Law on State Budget, for the implementation of projects in accordance with applicable law.

2. Eligible costs means all costs incurred within the scope of the project, approved estimates and signed contracts in accordance with applicable law (for work performed under contract), including approved adjustments and supplementations within the prescribed authority.

Settled project investment capital comprises all eligible costs incurred (including costs for insurance contract payments, fees, charges, and final settlement review and approval costs) during the investment process to bring the project into use or to terminate implementation pursuant to the written authorization of the person with authority to decide on investment. Investment costs eligible for settlement must fall within the approved total investment or as adjusted and supplemented in accordance with applicable law.

1. Where the decision on investment guidelines divides the project into component projects or independent subprojects (which can operate, be used independently, or are phased investments) and where separate investment decisions exist: each component project or independent subproject shall prepare a final settlement report, and its review and approval shall be conducted as for an independent investment project. Component projects or independent subprojects that have been reviewed and approved for final settlement shall not require re-review and re-approval, unless requested by the person with authority to approve the final settlement of the overall project.

Ministries, central agencies, state groups and corporations, and province-level People's Committees assigned to manage the main component project or acting as the coordination focal point shall be responsible for reporting the results of the approval of the overall final settlement of projects and works of national importance to the Prime Minister and the Ministry of Finance.

2. For pre-investment preparation projects (hereinafter collectively referred to as pre-investment preparation projects):

a) Where the pre-investment preparation project is allocated pre-investment capital within the approved investment project costs for implementation, the decision to settle the pre-investment preparation project separately or jointly with the investment project shall be made by the person with authority to decide on the investment project.

b) Where the pre-investment preparation project is allocated separate capital, its final settlement shall be conducted as for an independent subproject and consolidated into the overall project final settlement in accordance with clause 1 of this Article.

c) Where the pre-investment preparation project has not been approved for investment guidelines or investment decision by the competent authority, the costs already incurred shall be settled as a terminated project.

3. For compensation, support and resettlement:

a) Where the decision on investment guidelines designates compensation, support, resettlement and site clearance as an independent project, the preparation, review and approval of the final settlement report shall be conducted as for an independent project.

b) In all other cases, the unit or organization responsible for compensation, support and resettlement shall prepare a final settlement report for those costs and submit it to the President of the People's Committee at the same level as the authority that approved the compensation, support and resettlement plan for approval, and shall send the approval decision to the project developer to consolidate into the overall project investment final settlement report.

c) Where the compensation, support and resettlement plan was approved by a district-level People's Committee prior to the implementation of the two-tier local government model, the unit or organization assigned by the competent authority to carry out compensation, support and resettlement after the two-tier local government model is implemented shall continue to organize the implementation of compensation, support and resettlement in accordance with land laws, and shall prepare a final settlement report for those costs for submission to the President of the People's Committee managing that unit or organization for approval.

d) The lead agency for final settlement review of the overall project is not required to re-review the compensation, support and resettlement costs that have already been approved for final settlement, unless requested by the person with authority to approve the final settlement of the overall project.

The person with authority to approve the final settlement of compensation, support and resettlement costs shall assign the specialized unit under their management or the professional official under their management (for commune-level authorities without departments) to lead the review of the final settlement and specify the time limits for preparing, reviewing and approving the final settlement of compensation, support and resettlement costs, ensuring that this does not affect the project developer's preparation of the project investment final settlement application.

4. For completed independent works or independent sections of works (which can operate and be used independently) put into service: where it is necessary to review and approve the final settlement, the project developer shall report to the person with authority to approve the investment project for consideration and authorization of final settlement. The settled value of works or sections of works shall include: construction costs, equipment costs, directly related consulting costs and other costs. Upon full completion or termination of the overall project, the project developer shall consolidate the approved settled value of the works or sections of works into the overall project investment final settlement report.

5. Where the entire component projects, independent subprojects, works or construction and equipment sections have been completed and handed over for use but compensation, support and resettlement costs have not yet been completed: the project developer shall report to the person with authority to decide on the investment project to permit preparation of the final settlement report for costs already incurred to submit to the lead agency for final settlement review; the settled value of compensation, support and resettlement costs shall be the eligible costs already incurred. Where additional compensation, support and resettlement costs continue to be incurred, their final settlement shall be carried out in accordance with points b, c and d of clause 3 of this Article.

6. Matters relating to preparation of final settlement reports, review and approval of the project investment final settlement shall be carried out in accordance with this Decree.

1. The report must accurately and fully state the following:

a) Details of investment capital actually used for the project.

b) Total investment costs proposed for final settlement.

c) Loss costs incurred during the investment process.

d) Investment costs not capitalized as assets.

dd) Value of assets created.

2. The Minister of Finance shall issue a system of forms for use in project investment final settlement and provide guidelines on related matters.

The project developer shall send 1 application to the person with authority to approve the final settlement and 1 application to the lead agency for final settlement review (sent directly, by public postal service as prescribed by the Prime Minister, by hired service of an enterprise or individual, by authorized delegation as prescribed by law, or through the document management and administration program as prescribed). Where the person with authority to approve the final settlement is also the head of the lead agency for final settlement review, the project developer shall send only 1 application to the lead agency for final settlement review. The application shall be originals, copies certified by the project developer from originals, notarized or authenticated copies as prescribed by law, or electronic documents as prescribed by law, comprising the following documents:

1. For completed investment projects, completed works or independent sections of works, and terminated investment projects with construction and equipment installation volumes:

a) A submission for approval of final settlement from the project developer. Where an independent auditor has conducted an audit, the submission must clearly state the items agreed and disagreed upon and the reasons for any disagreement between the project developer and the independent auditor. Where agencies performing inspection functions (hereinafter referred to as inspectorates), examining bodies, the State Audit Office or law enforcement agencies have conducted inspection, examination, audit or investigation of the project, the project developer's submission must clearly state compliance with the recommendations and conclusions of those agencies.

b) Final settlement report forms as prescribed in clause 2 Article 6 of this Decree.

c) Legal documents of the project.

d) Final settlement application for costs of the entire project; in which, the final settlement application for each contract comprises: the contract and addenda (if any); acceptance records for completed work volumes by payment phase; the completion acceptance record for the entire contract; the final account between project developer and contractor (hereinafter referred to as "A-B final account") using Form No. 01/QTDA issued with this Decree; the contract finalization document where conditions for contract finalization have been met as prescribed by contract law; and other documents as agreed in the contract relating to the review and approval of the project investment final settlement.

dd) Completion acceptance record (if any).

e) Handover document for commissioning and use (if any).

g) Audit report of the independent auditor where an independent auditor has conducted the audit.

h) Audit report or notification of audit results (hereinafter collectively referred to as "audit report"), inspection conclusion, inspection record, decision on sanctioning violations of the State Audit Office, inspectorates and examining bodies where those agencies have conducted audit, inspection or examination of the project; investigation results and enforceable judgments of law enforcement agencies where the project has been investigated or tried for legal violations. The project developer's report with related documents on compliance with recommendations of the above agencies.

2. For planning projects, pre-investment preparation projects, and terminated projects without accepted construction and equipment installation volumes:

a) A submission for approval of final settlement from the project developer. Where an independent auditor has conducted an audit, the document must clearly state the items agreed and disagreed upon and the reasons for any disagreement. Where inspectorates, examining bodies, the State Audit Office or law enforcement agencies have conducted inspection, examination, audit or investigation of the project, the document must clearly state compliance with the recommendations and conclusions of those agencies.

b) Final settlement report forms as prescribed in clause 2 Article 6 of this Decree.

c) Legal documents of the project.

d) Final settlement application for costs of the entire project; in which, the final settlement application for each contract comprises: the contract and addenda (if any), acceptance records for completed work volumes by payment phase (if any); the document approving adjustments, supplementations, variations and changes (if any), the acceptance record for completed work volumes under the contract (if any), the A-B final account using Form No. 01/QTDA (if any), the contract finalization document where conditions for contract finalization have been met as prescribed by contract law.

dd) Audit report of the independent auditor where an independent auditor has conducted the audit.

e) Audit report, inspection conclusion, inspection record, decision on sanctioning violations of the State Audit Office, inspectorates and examining bodies where those agencies have conducted audit, inspection or examination of the project; investigation results and enforceable judgments of law enforcement agencies where the project has been investigated or tried for legal violations. The project developer's report with related documents on compliance with recommendations of the above agencies.

3. The project developer shall produce project documents for the final settlement review upon written request from the lead agency for final settlement review.

4. For terminated investment projects, planning projects and pre-investment preparation projects:

The person with authority to approve the project shall issue a document authorizing the termination after receiving the written authorization to terminate the investment guidelines from the authority with power to approve the investment guidelines (except for projects not requiring investment guideline decisions). Based on the documentation, materials, work volumes and payment data as at the effective date of the termination authorization document, the project developer shall prepare a final settlement for costs already incurred and submit it for review and approval in accordance with this Decree.

5. Where a contractor fails to carry out the final account settlement as required, the project developer shall, based on the contract, issue a written notice to the contractor (using Form No. 02/QTDA issued with this Decree) requesting the contractor to carry out the final account settlement or to complete and supplement the settlement application and documents or to complete the work required for settlement, with a specified deadline. After the project developer has sent the third written notice (each notice at least 10 days apart) and 15 days have elapsed since the third notice without the contractor complying, the project developer may, based on actual documentation (without requiring the contractor's signature and seal on the A-B final account), prepare the settlement application and determine the proposed settled value for submission to the review and approval authority. The project developer shall clearly state in the submission for approval that the contractor has not cooperated in the settlement. A contractor failing to carry out the settlement as requested by the project developer shall bear full responsibility for any resulting losses and damages (if any) and shall comply with the decision approving the project investment final settlement.

1. Authority to approve the final settlement:

a) For projects of national importance decided by the Prime Minister:

The head of a ministry or central agency, the legal representative of a state group or corporation, the President of a province-level People's Committee, and the President of a commune-level People's Committee shall approve the final settlement of projects or component projects and independent subprojects using public investment capital, recurrent expenditures from the state budget, and other state budget funds not falling within the scope of public investment laws assigned to their management.

The project developer shall approve the final settlement of component projects and independent subprojects not using public investment capital, recurrent expenditures from the state budget, and other state budget funds not falling within the scope of public investment laws.

b) For other projects: the person with authority to decide on investment is the person with authority to approve the project investment final settlement.

c) During and after the streamlining of the two-tier local government apparatus:

Where a project under the authority of the President of a district-level People's Committee is transferred to the province level: the provincial agency or unit receiving the project shall inherit all responsibilities of the district level. The President of the province-level People's Committee shall be responsible for approving the project investment final settlement.

Where a project under the authority of the President of a district-level People's Committee is transferred to the commune level: the commune-level agency or unit receiving the project shall inherit all responsibilities of the district level. The President of the commune-level People's Committee shall be responsible for approving the project investment final settlement.

d) The person with authority to approve the final settlement as prescribed in points b and c of clause 1 of this Article may delegate or authorize the approval of the project investment final settlement in accordance with construction laws, law on government organization, law on local government organization and other relevant laws.

2. Lead agency for final settlement review:

a) For projects using public investment capital, recurrent expenditures from the state budget, or other state budget funds not falling within the scope of public investment laws under the investment authority of the President of a province-level People's Committee: the provincial Department of Finance shall lead the review.

b) For projects using public investment capital, recurrent expenditures from the state budget, or other state budget funds not falling within the scope of public investment laws under the investment authority of the President of a commune-level People's Committee: for commune-level authorities with departments, the President of the commune-level People's Committee shall assign the department with financial functions to lead the review; for commune-level authorities without departments, the President of the commune-level People's Committee shall assign a professional official under their management to conduct the review.

c) For other projects: the person with authority to approve the final settlement shall assign the relevant functional unit under their management to lead the review before approval.

d) Where necessary, the organization or individual assigned to lead the final settlement review shall report to the person with authority to approve the project investment final settlement to establish a Review Panel to conduct the review before submission for approval. The Review Panel shall include authorized representatives of relevant units and agencies. The duties of Review Panel members shall be decided by the person with authority to establish the Panel.

dd) For tasks and investment projects involving national-scale and regional-scale digital platforms and information systems using public investment capital from the state budget as prescribed in clause 1 Article 10 of National Assembly Resolution No. 193/2025/QH15 dated February 19, 2025 on piloting certain special mechanisms and policies to create breakthroughs in scientific and technological development, innovation and national digital transformation: where the State Audit Office or an inspectorate has conducted an audit or inspection and issued an audit report or inspection conclusion containing all the content prescribed in Article 11 of this Decree, the project developer shall prepare the project investment final settlement report based on the audit report or inspection conclusion and submit it to the person with authority to approve the project investment final settlement, without requiring review prior to approval.

1. Projects of national importance and Group A projects (except those on the list of state secrets) using public investment capital, and projects using recurrent expenditures from the state budget or other state budget funds not falling within the scope of public investment laws must have their final settlement reports audited before submission to the competent authority for review and approval.

The project developer shall organize the bidding for the independent audit in accordance with bidding laws and shall enter into an audit contract in accordance with contract laws. The project developer, the independent auditor and related units shall comply with clauses 2 and 3 of this Article.

2. The independent auditor shall be an independent audit enterprise established and operating in accordance with enterprise establishment and operation laws in Vietnam, complying with applicable laws on independent auditing and current auditing standards.

3. For projects audited or inspected by the State Audit Office or an inspectorate:

a) Where the State Audit Office or an inspectorate has conducted an audit or inspection and issued an audit report or inspection conclusion containing all the content prescribed in Article 11 of this Decree, the lead agency for final settlement review shall use the State Audit Office's audit report or the inspectorate's inspection conclusion as the basis for the review, without requiring a separate independent audit.

b) Where the State Audit Office or an inspectorate has not covered all the content prescribed in Article 11 of this Decree, the project developer shall, in accordance with clause 1 of this Article, determine the scope and content of the supplementary audit and select an independent auditor to conduct a supplementary audit where necessary. Supplementary audit costs shall be determined in the same manner as independent audit costs under Article 20 of this Decree. The lead agency for final settlement review shall use the State Audit Office's audit report, the inspectorate's conclusion and the independent auditor's report as the basis for the review.

c) Where the State Audit Office or an inspectorate issues an audit or inspection decision for the project while an independent auditor is performing the audit contract, the independent auditor shall perform the audit contract in accordance with the agreed contract terms.

1. Where an independent auditor has audited the final settlement report, the lead agency for final settlement review shall review the following:

a) Check the legality of the independent audit contract, the scope, timeline and methods of the audit.

b) Compare the content of the project's audit report with the applicable audit content and standards. Where the audit results contain errors, fail to meet requirements or lack required content, the lead agency for final settlement review shall notify the project developer to require the independent auditor to re-audit or conduct a supplementary audit.

c) Check compliance with applicable laws and the legal grounds used by the auditor in auditing the project.

d) Consider audit recommendations that the project developer has not agreed to.

dd) Check compliance by the project developer and related units with the conclusions and recommendations of inspectorates, examining bodies, the State Audit Office and investigation results of law enforcement agencies where those agencies have conducted inspection, examination, audit or investigation of the project.

2. Where the State Audit Office or an inspectorate has issued conclusions containing all the content prescribed in Article 11 of this Decree:

a) Compare the content of the State Audit Office's audit report or the inspectorate's conclusion with the project developer's final settlement report to determine compliance by the project developer and related units; compare the project developer's proposed settled figures with the audit or inspection results as the basis for submission to the competent authority for consideration during approval.

b) Check compliance by the project developer and related units with the conclusions and recommendations of inspectorates, examining bodies, the State Audit Office and investigation results of law enforcement agencies.

3. Where the final settlement review results conflict with the audit report, inspection conclusion, inspection record or decision on sanctioning violations of the State Audit Office, inspectorates, examining bodies or investigation agencies, the lead agency for final settlement review shall report to the person with authority to approve the final settlement to issue a written request for the opinion of those agencies on the unresolved matters (stating the response deadline in the document). Where the deadline passes without a response, the lead agency for final settlement review shall rely on applicable laws on state auditing, inspection and other relevant laws to report to the person with authority to approve the final settlement for a decision.

The lead agency for final settlement review shall conduct the review in accordance with Articles 12, 13, 14, 15, 16 and 17 of this Decree and shall prepare a final settlement review report comprising the following:

1. Legal documentation.

2. Project investment capital actually used.

3. Investment costs.

4. Investment costs not capitalized as assets.

5. Value of assets created.

6. Status of outstanding payables and receivables, and remaining materials and equipment.

7. Compliance by the project developer and relevant units with the conclusions and recommendations of law enforcement agencies and other agencies, and investigation results (if any).

8. Observations, assessments and recommendations:

a) Assessment of compliance with State regulations on state budget management, public investment, construction, bidding and other relevant applicable laws; management and use of investment capital; management of investment costs and assets by the project developer; and the responsibilities of each level with respect to project investment capital management.

b) Determination of the proposed value for approval of project investment final settlement and resolution of related matters.

The lead agency for final settlement review shall, based on the report and legal documents of the project, and by reference to relevant applicable laws, provide observations on the following:

Procedures for preparing and approving documents, and document approval authority.

Compliance with investment procedures as prescribed by applicable laws on state budget management, public investment, construction and other relevant applicable laws.

Compliance with contractor selection procedures as prescribed by applicable bidding laws.

Compliance with applicable contract laws in the formation of contracts between the project developer and contractors.

Comparison of the composition of investment capital used for the project against the capital composition determined in the approved total investment.

Reconciliation of annual disbursement figures between the project developer and the payment agency.

Examination of the implementation of increases and decreases in investment capital used for the project that have been authorized by the competent authority in accordance with applicable regulations.

Observations and assessment of compliance with regulations on management and payment; and on the management and use of investment capital types used for the project.

1. Principles of review:

a) Review of compliance with contract regulations and the contractor selection result approval decision of the competent authority; and the type of contract (regardless of the form of contractor selection). Examination of the aggregated cost figures and line items prepared by the project developer in the final settlement report.

b) Where necessary, the lead agency for final settlement review shall examine the as-built documentation to determine the completed work volumes that have been accepted in accordance with applicable regulations.

2. Review of compensation, support and resettlement costs:

a) For compensation, support and resettlement costs incurred by the project developer or the unit or organization performing the compensation, support and resettlement task: comparison of the settled value proposed by the project developer or the unit or organization performing the compensation, support and resettlement task against the approved compensation, support and resettlement plan; the approved cost estimate for organizing the implementation of compensation, support and resettlement, compulsory stocktaking enforcement and compulsory land recovery; and the payment list for organizations and individuals receiving compensation, support and resettlement payments bearing signed acknowledgments, or payment records evidencing that organizations and individuals whose land has been recovered have received the full amount into their accounts (in the case of bank transfers) in accordance with applicable regulations, in order to determine the settled value. The preparation, approval, use, payment and final settlement of costs for organizing the implementation of compensation, support and resettlement, compulsory stocktaking enforcement and compulsory land recovery shall be carried out in accordance with applicable land laws.

b) For the value of construction works for which a final settlement approval decision has been issued by the competent person: based on the final settlement approval decision of the competent person, the payment request of the project developer or the unit or organization performing the compensation, site clearance and construction works task, and payment records, to determine the value of investment costs already incurred. Where the competent person authorized to approve the project investment final settlement requires a review, such review shall be carried out in accordance with clause 3 of this Article.

3. Review of costs:

a) For costs incurred under contract:

Based on each type of contract signed between the project developer and the contractor in accordance with applicable laws on construction, bidding and contracts, to examine and compare the work items, completed volumes and unit prices in the A-B final account against the acceptance records for completed work volumes in accordance with the contract requirements, and the unit prices stipulated in the contract, in order to determine the value of completed work volumes that have been properly accepted.

Where there are adjustments to volumes, unit prices or state policies: based on the acceptance records for completed work volumes, the principles for adjusting volumes and unit prices as set out in the contract, and the applicable policies corresponding to the contract performance period, in order to determine the value of completed work volumes that have been properly accepted.

Where additional costs arise: based on the applicable contract adjustment regulations for each type of contract and relevant applicable laws, to conduct the review.

b) For costs not incurred under contract:

For costs calculated on a percentage rate norm basis: examination and comparison of the conditions stipulated for applying the prescribed rate in order to determine the cost value for each type of work.

For costs calculated based on an approved detailed estimate: examination and comparison of the proposed settled value against the approved estimate in order to assess the reasonableness, validity and eligibility of the costs.

4. Review of project management costs:

a) Review shall be carried out in accordance with the Ministry of Finance's regulations on revenues and expenditures of project developers and project management boards for projects using state budget funds.

b) The disposal of assets of the project developer or project management board upon project completion shall be carried out in accordance with applicable laws on management and use of public assets and other relevant laws.

1. Review of loss costs due to force majeure that are permitted not to be capitalized as assets:

a) Verify that applicable state principles and procedures on loss costs have been followed.

b) The loss value as stated in the determination record must be checked and confirmed by the project developer, contracting unit, supervision consultant and insurance contractor, with recommended handling measures.

2. Review of costs that do not form assets, such as: training, capacity building and strengthening costs for management agencies or communities; project management board costs not directly related to assets created and handed over in localities; investment loss costs due to subjective causes such as investment volumes cancelled by competent authorities; costs already incurred that did not result in losses, that produced a product but the product was not used for the project (such as survey and design results that were completed and met quality requirements but were not used due to design changes by the project developer); incomplete investment costs (for terminated projects) that do not form assets; repair and remediation costs for natural disasters that are not capitalized as asset value increases in accordance with accounting and public asset management laws.

1. Determine the value of assets as the result of the project, work or independent section of works implementation.

2. Asset standards, asset classification, value allocation, historical cost and asset disposal resulting from the project shall be carried out in accordance with public asset management and use laws and other relevant laws.

1. Review to determine outstanding payables and receivables:

a) Based on the results of the investment cost review and the amounts already paid by the project developer to each organization and individual, clearly identify each receivable and payable against the correct counterparty.

b) Consider and recommend handling measures for amounts collectible and payable to the state budget that have not yet been remitted, and for deposit and cash balances.

2. Check and determine the value of remaining materials and equipment:

a) Check the value of remaining materials and equipment against accounting records, comparing with actual stocktaking figures.

b) Consider and recommend the project developer's proposed handling measures for remaining materials and equipment.

c) Disposal of recovered materials during project implementation shall be carried out in accordance with public asset management and use laws and other relevant laws.

1. Review the legal documentation of the project.

2. Review project investment capital actually used.

3. Review investment costs.

4. Review investment costs not capitalized as assets.

5. Review the value of assets created (if any).

6. Review outstanding payables and receivables of the project.

7. Compliance by the project developer and related units with conclusions and recommendations of inspectorates, examining bodies, the State Audit Office and investigation agencies (if any).

8. Comments, assessments and recommendations.

1. The lead agency for final settlement review shall prepare the application for approval of the project investment final settlement and submit it to the person with authority to approve the final settlement after completing the review (sent directly, by public postal service as prescribed by the Prime Minister, by hired service of an enterprise or individual, by authorized delegation as prescribed by law, or through the document management and administration program as prescribed). The application for approval of the final settlement comprises:

a) Final settlement review report.

b) Draft decision approving the final settlement (for the project, component project, independent subproject, work or independent section of works).

c) Final settlement review documentation of the lead agency for final settlement review upon request of the person with authority to approve the final settlement.

2. The final settlement review report shall include the following main content:

a) Overview of the entire project and matters decided by competent authorities during project implementation.

b) Summary of review results following the review procedures prescribed in this Decree.

c) Recommended settled value for approval of the project investment final settlement.

d) Recommendations for resolving outstanding matters relating to investment capital, assets and outstanding payables and receivables, and remaining materials and equipment after the project investment final settlement.

3. The decision approving the final settlement shall be sent to the following agencies and units: the project developer, the superior management agency of the project developer, the payment agency (or the agency authorized to control and make payments for state secret investment projects of the Ministry of National Defense and the Ministry of Public Security), the person with authority to approve the investment project, the lead agency for final settlement review, and to the Prime Minister and the Ministry of Finance (for projects of national importance and projects decided by the Prime Minister).

Independent audit costs and final settlement review and approval costs are costs falling within the other costs component of the approved (or adjusted) total investment and the settled project investment capital.

1. Independent audit costs and final settlement review and approval costs:

a) For projects, component projects, independent subprojects, works or independent sections of works with values falling within the ranges stated in points b and c of clause 1 of this Article, the applicable rate (%) for independent audit costs and final settlement review and approval costs shall be determined using the following formula:

Where:

Ki: applicable rate (%) for the project, component project, independent subproject, work or independent section of works being calculated.

Ka: prescribed rate (%) corresponding to the upper bound value.

Kb: prescribed rate (%) corresponding to the lower bound value.

Gi: value of the project, component project, independent subproject, work or independent section of works being calculated (unit: billion VND).

Ga: upper bound value (unit: billion VND).

Gb: lower bound value (unit: billion VND).

b) Independent audit costs:

The independent audit costs (contract package cost estimate or contract package price) of a project, component project, independent subproject, work or independent section of works are the maximum costs, determined by multiplying the value subject to independent audit by the applicable rate (%) determined in accordance with point a of clause 1 of this Article, plus value-added tax. The minimum independent audit cost is VND 1,000,000, plus value-added tax.

c) Final settlement review and approval costs:

The final settlement review and approval costs of a project, component project, independent subproject, work or independent section of works are the maximum costs, determined by multiplying the settled value proposed by the project developer by the applicable rate (%) determined in accordance with point a of clause 1 of this Article. The minimum final settlement review and approval cost is VND 500,000.

d) Where equipment costs account for 50% or more of the value subject to independent audit or the settled value proposed by the project developer, the independent audit costs and final settlement review and approval costs shall be 70% of the amounts calculated in accordance with points a, b and c of clause 1 of this Article.

dd) For independent audit, review and approval of final settlement of compensation, support and resettlement costs, the prescribed rates for independent audit costs and final settlement review and approval costs shall be 50% of the amounts calculated in accordance with points a, b and c of clause 1 of this Article for the compensation, support and resettlement costs of the project.

e) For projects, component projects, independent subprojects, works or independent sections of works for which an independent auditor has audited the final settlement report, or for which the State Audit Office or an inspectorate has fully audited or inspected all the content prescribed in Article 11 of this Decree: the final settlement review and approval costs shall be 50% of the amounts calculated in accordance with clause 1 of this Article.

2. Management and use of final settlement review and approval costs:

a) Based on clause 1 of this Article and the final settlement application submitted by the project developer, the lead agency for final settlement review shall determine the specific final settlement review and approval costs and shall send a written request to the project developer for payment.

For projects allocated funding in the final year of the plan but for which the project developer is in the process of preparing the final settlement application in accordance with Article 21 of this Decree, the lead agency for final settlement review shall, based on the approved or adjusted final settlement review and approval costs of the project or the estimate (if any), request payment from the project developer. Based on clause 1 of this Article and the final settlement application submitted, the lead agency for final settlement review shall determine the specific final settlement review and approval costs; where the amount already paid by the project developer exceeds the entitled final settlement review and approval costs, the lead agency shall refund the excess to the project developer to reduce the settled project value.

The project developer shall request the payment agency to pay the lead agency for final settlement review in accordance with the lead agency's written request and the final settlement review and approval costs determined under clause 1 of this Article.

b) Expenditure items for the review and approval of final settlement include:

Direct expenditures for the review and approval activities, on a lump-sum expenditure arrangement basis or based on the maximum time for review and approval of the project prescribed in Article 21 of this Decree;

Payments to experts or consulting organizations engaged by the lead agency for final settlement review to conduct the review under contracts;

Travel expenses, office supplies, translation, printing, conferences, seminars, computer purchases or procurement of equipment for the review and approval activities;

Other costs related to the review and approval activities.

c) Based on the final settlement review and approval costs and the expenditure items in point b of clause 2 of this Article, the lead agency for final settlement review shall develop an expenditure regulation for the review and approval activities and submit it to the head of the immediate superior management agency for consideration and approval, to serve as the annual basis until the regulation is amended or supplemented (if any).

d) Revenue from final settlement review and approval costs is not subject to salary reform deductions; it shall not be pooled with or settled together with the annual administrative management funding of the lead agency for review and approval. Unused final settlement review and approval costs in any year may be carried over to the following year.

Based on the revenue and expenditure items in clause 2 of this Article, the lead agency for final settlement review shall prepare a payment order (Form No. 05.b/TT issued with Government Decree No. 254/2025/ND-CP dated September 26, 2025 on management, payment and final settlement of projects using public investment capital) to request payment for the final settlement review and approval costs in accordance with the expenditure items in point b of clause 2 of this Article and submit it to the payment agency for payment. The lead agency for final settlement review is not required to submit expenditure documents, contracts or purchase invoices to the payment agency. Based on the lead agency's request, the payment agency shall process payment of the final settlement review and approval costs.

3. Where the project developer has provided all documentation and materials as required by the audit contract but the independent auditor has failed to perform certain work items, the project developer shall, based on the contract conditions and the work volumes not performed by the auditor, reduce the independent audit costs by the proportion corresponding to those unperformed work volumes.

4. In cases of force majeure and changes in the scope of work under the signed contract, the project developer and independent auditor shall, based on applicable contract laws, adjust, supplement or exclude work items from the signed contract.

The maximum time limits are prescribed as follows:

1. The time for the project developer to prepare the final settlement application for approval shall be counted from the date the project or works are completed and handed over for commissioning and use in accordance with applicable law, or the effective date of the document authorizing project termination, to the date the project developer submits a complete application to the lead agency for final settlement review.

2. The time for review of the final settlement shall be counted from the date the lead agency for final settlement review receives the complete final settlement application (in accordance with Article 7 of this Decree) to the date of submission to the person with authority to approve the final settlement.

3. The time for approval of the final settlement shall be counted from the date the person with authority to approve the final settlement (in accordance with clause 1 Article 8 of this Decree) receives the complete application for approval (in accordance with clause 1 Article 19 of this Decree) to the date of issuance of the decision approving the final settlement.

1. Annual reporting data shall be consolidated from January 1 to December 31 of the calendar year.

2. Before January 20 of each year, the lead agency for final settlement review (subordinate to ministries, central agencies, state groups and corporations, and province-level People's Committees) and commune-level People's Committees shall send reports on the final settlement of projects using public investment capital for the reporting year to the agency assigned by the relevant ministry, central agency, state group or corporation, or province-level People's Committee to lead the consolidated reporting. No later than February 28 of each year, ministries, central agencies, state groups and corporations, and province-level People's Committees shall send reports on the final settlement of projects using public investment capital under their management to the Ministry of Finance for consolidation and public disclosure of the nationwide settlement status of projects using public investment capital during the year.

3. Reporting method: by paper or electronic document in accordance with current regulations.

1. Superior management agencies and parent agencies of project developers, and finance agencies at all levels shall periodically or ad hoc inspect the implementation of project investment final settlement by units under their management. Where errors or violations are discovered during inspection, the inspecting agency shall handle them within its authority and shall consolidate and report to the Ministry of Finance for coordinated handling within its authority or recommend that the competent authority handle them in accordance with applicable law.

2. The Ministry of Finance shall periodically or ad hoc inspect the implementation of project investment final settlement by ministries, central agencies and localities nationwide. Where errors or violations are discovered, the Ministry of Finance shall request ministries, central agencies and localities to handle them within their authority or shall consolidate and recommend that the competent authority handle them in accordance with applicable law.

1. Agencies, organizations and individuals committing violations in the final settlement of project investment capital contrary to this Decree shall be penalized in accordance with applicable law.

2. Depending on the severity of the violation, the offending agency, organization or individual shall be subject to disciplinary action, administrative penalties or criminal prosecution in accordance with law.

1. Duties of finance agencies at all levels:

a) The Ministry of Finance shall assist the Government in unified state management of project investment final settlement. The Ministry shall prescribe the system of forms for use in project investment final settlement and provide guidelines on related matters. The Ministry shall take charge and cooperate with relevant ministries and agencies in guiding and organizing the implementation of this Decree.

b) Finance agencies at all levels shall guide and inspect compliance with legal regulations on project investment final settlement within their respective management scope and by subordinate units. Where errors or violations are discovered, they shall require the inspected units to make corrections, handle the matter within their authority or request the competent authority to handle it in accordance with applicable law.

2. Duties of the lead agency for final settlement review:

a) Guide and inspect project developers in carrying out the project investment final settlement in a timely and complete manner as required by this Decree.

b) Organize the review of the project investment final settlement report fully and in compliance with the requirements of this Decree; guide project developers in resolving difficulties arising during the project investment final settlement; bear responsibility for the direct review results based on the final settlement application provided by the project developer.

c) Not bear responsibility for the accuracy of work volumes accepted by the project developer and contractor and incorporated into the final settlement report, the approved estimate unit prices, or the winning bid unit prices stated in the contract.

d) Bear full responsibility for the accuracy and legality of expenditure content and value when requesting the State Treasury to make payments from the final settlement review and approval costs.

dd) Implement the reporting requirements on the final settlement of projects using public investment capital during the year as prescribed in Article 22 of this Decree.

e) Request the payment agency, superior management agency and project developer to provide necessary documents and information for the project investment final settlement in accordance with applicable law and this Decree.

1. Confirm and reconcile disbursement figures to serve the project investment final settlement at the request of the project developer.

2. Process payment of final settlement review and approval costs at the request of the project developer and the lead agency for final settlement review in accordance with clause 2 Article 20 of this Decree.

1. Guide, inspect and urge project developers and units under their management to carry out the project investment final settlement as required.

2. Approve the project investment final settlement within the prescribed authority and time limits.

3. Publicly disclose the list of projects whose project developers have violated the time limit for preparing the final settlement report; strictly handle collectives and individuals committing violations as required.

4. Direct relevant functional units under their management to cooperate with project developers in resolving outstanding project matters (if any) and complete the settlement of outstanding payables and receivables and the closure of project accounts within 6 months from the date of issuance of the decision approving the project investment final settlement.

1. Project developers and project management units:

a) Urge and require contractors to carry out the contract final account settlement as required.

b) Prepare and manage the project investment final settlement application, submit it for approval within the time limits prescribed in Article 21 of this Decree; provide fully and promptly all related documents to serve the review and approval of the project investment final settlement upon written request from the lead agency for final settlement review or the person with authority to approve the final settlement.

c) Bear legal responsibility before the law, the lead agency for final settlement review and the person with authority to approve the final settlement for the accuracy of accepted work volumes and approved estimate unit prices; work volumes and winning bid unit prices approved by the project developer; the legality of the final settlement application; and the accuracy of the proposed settled figures.

d) Recover and remit to the state budget the excess capital already paid where the project's approved settled capital is lower than the capital already paid; recover capital advanced as required and bear responsibility for overdue unrecovered advances. Make further payments to contractors or suppliers based on the approved settled value where a funding plan exists and the approved settled capital exceeds the capital already paid.

2. Contractors:

a) Prepare the contract final account application, settle the value of performed contract work with the project developer in accordance with contract laws upon completion of the contracted work; bear responsibility for the data and legality of related documents in the contract final account application as required.

b) Cooperate with the project developer to fully resolve outstanding contractual matters; fully and promptly refund capital improperly disbursed by the project developer.

c) Comply with the decision approving the project investment final settlement.

3. Independent auditors and auditors when auditing final settlement reports must comply with the principles of independent audit operations, and have the rights, obligations and responsibilities prescribed by independent audit laws.

1. Projects, component projects, independent subprojects, works and independent sections of works that have submitted their final settlement applications to the lead agency for final settlement review, and independent audit contracts signed before the effective date of this Decree, shall be implemented in accordance with Government Decree No. 254/2025/ND-CP dated September 26, 2025 on management, payment and final settlement of projects using public investment capital.

2. A-B final accounts already signed by project developers and contractors before the effective date of this Decree are not required to be re-prepared and re-signed in accordance with this Decree.

Ministers, heads of ministerial agencies, Presidents of People's Committees of provinces and centrally-affiliated cities, heads of political organizations and political-social organizations, professional-social organizations, and relevant agencies, organizations and individuals shall implement this Decree.

1. This Decree comes into force as of July 1, 2026.

2. The phrase "quyết toán dự án hoàn thành" ("completion project final settlement") at point a and the provisions at points b and c of clause 5 Article 13 of Government Decree No. 88/2025/ND-CP dated April 13, 2025 elaborating and guiding the implementation of certain articles of National Assembly Resolution No. 193/2025/QH15 dated February 19, 2025 on piloting certain special mechanisms and policies to create breakthroughs in scientific and technological development, innovation and national digital transformation shall be annulled.

3. Article 58 of Government Decree No. 358/2025/ND-CP dated December 31, 2025 on management mechanisms and organization of national target programs shall be annulled.

4. The phrase "quyết toán vốn đầu tư dự án hoàn thành" ("project completion investment capital final settlement") at point d clause 3 Article 9 and point b clause 1 Article 10 of Decree No. 254/2025/ND-CP shall be replaced with "quyết toán vốn đầu tư dự án" ("project investment final settlement").

5. The following provisions of Decree No. 254/2025/ND-CP shall be annulled:

a) Clause 3 Article 1; clause 7 Article 50; clause 2 Article 52; points e, g and h of clause 1 Article 53; points a and c of clause 2 Article 53; clause 4 Article 53.

b) Articles 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47.

c) The phrase "quyết toán vốn đầu tư dự án hoàn thành" ("project completion investment capital final settlement") at clauses 2 and 4 of Article 48; clause 5 and point a of clause 6 of Article 50.

d) The phrase "quyết toán vốn đầu tư công dự án hoàn thành" ("project completion investment capital final settlement") at point b of clause 6 of Article 50.

dd) Form No. 03.c/QT in the Appendix on the system of forms shall be annulled.

6. Where legislative documents referenced in this Decree are replaced or amended, the replacement or amended documents shall govern./.

 

1. Project name: ...............................................................................................................

2. Contract package name: ..............................................................................................

3. Contract (including adjusted and supplemented contracts and contract addenda, if any): ......................................................................................................................................

4. Project developer/Project management unit: .................................................................

5. Contractor: ..................................................................................................................

6. Basis for determination: Acceptance record for completed work volumes of the entire contract, or Acceptance records for completed work volumes of each phase of the contract (where the contract was terminated without full completion); Acceptance and handover record for commissioning and use (if any).

 

 

 

 

Per contract/addendum 

In figures: ..............................................VND

In words: .......................................................

 

 

 

To: .................................. (name of contractor)

Pursuant to Decree No. ... dated ... of the Government on the final settlement of project investment capital;

Pursuant to Decision No. ........... dated .......... of ......... approving project ........... and any adjustments and supplementations (if any);

Pursuant to Decision No. ........ dated ........ of .......... on the winning bidder (or direct appointment) for project ................. and any adjustments and supplementations (if any);

Pursuant to Contract No. ......... dated ........ between .... (name of project developer) and ..... (name of contractor) and any supplementary or adjusted contracts (if any);

Pursuant to ................. (state other grounds such as documents approving contract time extension, ........... (if any));

Pursuant to the acceptance record for completed work volumes and the contract finalization document (if any).

To ensure that the project investment final settlement report is prepared within the prescribed time limit; ................. (name of project developer) hereby requests ........... (name of contractor) to perform the following:

1. Regarding supplementation and completion of missing or non-compliant application documents (specify the missing or non-compliant documents as required by specific documents):

2. Regarding the submission deadline:

.......... (name of project developer) requests ............ (name of contractor) to supplement and complete the missing or non-compliant documents referred to above and submit them to .............. (name of project developer) before date ... month... year.

After the above deadline, should .......... (name of project developer) not receive the missing or non-compliant documents, ......... (name of project developer) shall consolidate and prepare the project investment final settlement report for submission to the competent authority for review and approval; ........ (name of contractor) shall bear full responsibility for any resulting losses and damages (if any).

..... (name of project developer) hereby notifies ..... (name of contractor) for information and coordination./.