When studying the two Decrees above, Mr. Ha did not find any article or clause in the above regulations that requires each expense item in the actual settlement value to be smaller than each approved expense item in the total estimate investment amount.

For example: The construction cost when finalizing must be smaller than the construction cost in the approved estimate and must be smaller than the construction cost in the total investment.

According to Mr. Ha's understanding, when referring to Decree No. 99/2021/ND-CP, it is only necessary that the actual final settlement value is less than the total investment of the approved project, and the costs are settled as follows: legal expenses are complied with the provisions of law, it is not necessary that each expense item in the actual settlement value be smaller than each approved expense item in the total investment/total estimate. 

Mr. Ha asked, so, when the project finalization is completed, is it mandatory for each cost item in the actual settlement value to be smaller than each approved cost item in the total investment/total estimate or not?

The Ministry of Finance responded to this issue as follows:

The final settlement of completed projects using public investment capital shall comply with the Government's Decree No. 99/2021/ND-CP dated 11/11/2021 on management, payment and settlement of projects using public investment capital. Using public investment capital, do the following:

"Article 31. Settlement of investment capital

The settled investment capital is all legal expenses made during the investment process to put the project into operation and use. Legitimate costs are all expenses performed within the scope of the project, the approved estimate and the signed contract in accordance with the provisions of law (for the works performed under the contract) since both the adjustment and supplement are approved according to regulations and in accordance with the authority. The settled investment expenses must be within the approved total investment limit or be adjusted or supplemented in accordance with law.

Regarding the content related to the management of construction investment costs specified in the Government's Decree No. 10/2021/ND-CP dated December 9, 2021 on the management of construction investment costs, please ask Ministry of Construction for instructions to comply with regulations.