Decree of the Ministry of Finance and Chief Arbiter of the Czechoslovak Socialist Republic No. 22 / 1967 Coll.
Decree of the Ministry of Finance and the Chief Arbiter of the Czechoslovak Socialist Republic on invoicing and payment of supplies for investment construction and supply of geological works
Valid
Effective from 01.01.1968
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22
DECLARATION
Ministry of Finance and Chief Arbiter of the Czechoslovak Socialist Republic
of 23 February 1967
on invoicing and payment of supplies for investment construction and supply of geological works
The Ministry of Finance and the main arbiter of the Czechoslovak Socialist Republic provides, pursuant to § 391 (2) and § 395 of the Economic Code No. 109 / 1964 Coll., as well as under § 11 (2) of Act No. 83 / 1958 Coll., for the adjustment of financial planning and financial management of national enterprises and other economic organisations of the socialist sector:
Preliminary provisions
(1) This decree provides for invoicing and payment between socialist organisations in the supply of investment property paid from investment funds. *) These deliveries are also:
(a) direct supplies for the construction of single agricultural cooperatives carried out by self-help (e.g. special and craft works such as carpentry, electrical plumbing, roofing, etc.),
(b) the supply of foreign trade undertakings to domestic investors;
(c) supplies of non-assembled machinery and equipment supplied in files, ensembles, sets, etc. * *) to investors to be delivered by one delivery date under one contract.
(2) This decree also applies to:
(a) subcontracting for the technological part: sets of machinery and equipment, assembled machinery, equipment and construction, assembly, construction,
(b) subcontracting for the construction part: construction works, assembled and unassembled non-technological machinery and equipment and assembly of such equipment and assembled metal structures;
(c) the supply of geological works. * * *)
(d) subcontracting of project documentation.
COMMON PROVISIONS
Types of invoices and repayment certificates
(1) Supplies shall be invoiced by total invoice or partial invoice. The total invoice may be preceded in the cases referred to in § 8 - 10 of the instalment forms. The supplies referred to in Section 16 shall be invoiced by works invoices.
(2) Where instalments are made, the supplier shall draw up a payment note.
Forms of invoices and forms of payment
(1) The invoice must bear the following particulars:
(a) a significant indication that it is an invoice; an indication of the type of invoice,
(b) the place, date and number of the invoice,
(c) the name and address of the supplier and the customer and their bank connections;
(d) the description of the economic contract, the name and number of the construction, the object, the operating file,
(e) the date on which the right to invoice arises;
(f) the date of dispatch of the invoice; that date must be the same as the date of the post stamp or the date of receipt of the invoice by the customer,
(g) the date on which the final amount of the invoice is due;
(h) the clause "Payment by recovery order No....," if the invoice is paid by recovery order,
(i) the specification of supplies and works according to the structure of the project documentation (only for invoices for completed objects, operating files and for the finished deliveries of unassembled products in files, ensembles, sets, in cases where the delivery price is not fixed); organisations may agree to include items in larger units. Organisations may agree that, instead of the detailed specification of deliveries and works, they shall include in the invoice an inventory of all payment notes, their numerical and other details (e.g. the date of issue), indicating the amounts on which the payment notes appear,
(j) for the supply of products, the type of products and the price per unit of quantity, the indication of the price list or price area concerned; for non-standard products, the date and number of the decision of the price fixing authority;
(k) the amount of the increases and reductions, if not included in the price, and the total amount of the invoice,
(l) whether or not the invoiced price (part thereof) contains a turnover tax (subheading, rate and amount),
(m) particulars which must appear on invoice * under the special rules or other particulars agreed between the supplier and the customer,
(n) the supplier's stamp (pre-print) and the signature of the person authorised to sign the invoices.
(2) If, as a result of its details, such as those under (i) and (l), certain particulars would not have been made out in advance, they may be indicated in an annex which is then an integral part of the invoice.
(3) Repayment certificates have elements similar to the invoice but do not contain a detailed breakdown of the amount of the instalment note.
Sending an invoice or payment note
The supplier shall send the invoice or payment note to the customer in two copies. *)
Payment of invoices and forms of payment
(1) The invoice is payable on the 10th day following its dispatch to the customer, unless the rules on payment * * * provide otherwise for certain forms of payment. Organisations may agree another payment deadline.
(2) If the customer returns the invoice to the supplier for defects in the content or in the required particulars and the supplier sends it after repair or re-copy to the customer, the new payment period shall start to run.
(3) The provisions of the preceding paragraphs shall apply mutatis mutandis to the payment of instalments.
Late fee +)
If the organisation is entitled to a late payment under this Order, it is not obliged to charge and enforce it.
FACTING
Project documentation
(1) Project documentation of the construction or part of the construction, separately handed over to customers under the agreement in the economic contract (e.g. summary project solution, project documentation of whole objects or operating files), copyright supervision, as well as research work which is part of the project documentation, shall be invoiced by total invoices unless an agreement is reached on the invoicing of the construction project in a single invoice. The total invoice shall also cover sub-deliveries of project documentation.
(2) The right to invoice project documentation and its subcontracting arises on the date of completion.
(3) The performance of copyright supervision *) is invoiced separately when the object or operating file is transferred and taken over.
Investment supplies
(1) In the case of supplies or their completed parts for which the organisation has agreed to a separate surrender and take-over of + + in the contract (hereinafter referred to as the "operating file or object"), and in the case of machines and equipment supplied individually, the right to invoice on the date of completion arises. In the case of supplies of unassembled products for an operating file or object [Paragraph 1 (1) (c)], the right to invoice the date of completion of the last part of the supply shall arise; if the economic contract is concluded to a greater extent than the products relating to one operating file or object and if this is agreed in the contract, it may be invoiced already after delivery of all products intended for one operating file or object has been completed.
(2) If the supplier of an object, operating file or non-assembled products and equipment supplied in files, complexes etc., cannot continue to carry out work and supplies on this object, operating file, ensemble etc. [Paragraph 1 (1) (c)] so that he has not been entitled to payment for at least 3 months, he shall be entitled to invoice the work and supplies so far.
Advances
Providing backup is not allowed.
Repayments
(1) In this decree, payment is understood as the amount provided by the customer to the supplier before the completion (surrender and takeover) of the building or the operating file for the preliminary reimbursement of the costs associated with the execution of the work or, where applicable, of the supplies carried out in the previous month. This applies mutatis mutandis to the supply of unassembled machinery and equipment supplied in sets, ensembles, sets, etc. [Paragraph 1 (1) (c)]. The amount of the instalment must correspond to the volumes of work actually carried out or supplies collected under Paragraph 10a, with compliance with the restriction under Section 10b, and must comply with the price rules applicable to invoicing. The instalments provided are not a payment for the performance of works and supplies; when invoicing upon completion (surrender and takeover), the supplier is obliged to settle the payments provided (deduct from the invoiced amount).
(2) The right of payment arises from the date on which the customer signed the certificate (the survey protocol). In this case, if the customer has not made the findings, although the supplier has provided him with proper documentation in due time, the right to repayment shall arise on the fifth working day following the end of the month. However, any customer's rights in invoicing are not affected.
(3) Two instalments are allowed for deliveries of individual large machinery and equipment which must be transported to the place of destination in long-spaced parts. The right to such instalments shall be established at the dates agreed between the customer and the supplier. Repayments may only be made to the parts sent.
(4) Organisations may agree on longer repayment periods of more than 1 month, or on material stages lasting more than one month, which shall be relevant for the creation of the right to repayment; in such cases, the right of payment shall be incurred on the day following the end of the agreed period or after the relevant stage has been reached. In such cases, however, organisations are obliged to carry out monthly surveys of the volumes made (§ 10a) and are subject to restrictions and payment obligations (§ 10b).
(5) If the customer fails to make a payment in due time, the supplier shall be obliged to pay the late payment fee at the same rate as the late payment fee for the invoice.
Detection of volumes made
(1) The collector is required to identify, in cooperation with the supplier, the volumes of work or supplies carried out on the premises or the operating file during the previous month for which the instalment is to be made, according to the supporting documents to be provided by the supplier. Any objections shall be discussed with the customer before the payment note is issued. The volume of works and supplies shall be collected on the last day of the month. This finding is without prejudice to the right of customers to monitor at any time the execution of works, in particular if they are covered in the next working process.
(2) The survey must be completed no later than the fifth working day following the end of the month if the organisation does not evaluate the shorter deadline.
(3) The organisation shall agree on the method of detection and the form of confirmation (survey protocol). The collector shall certify separately in writing for each object or operating file that the volume of works and supplies as indicated in the supporting documents for a given month corresponds to the volume actually established by the customer. However, this confirmation is without prejudice to the rights of the customer or supplier when invoicing the object or operating file.
Reimbursement restrictions and obligations
(1) If the material or other products are budgeted separately in the specification, they may be included in the instalment note only after their installation (assembly).
(2) Only completed units of measurement may be included in the instalment in the composition of the budget items for the projects of objects and operating files to the extent corresponding to the description of the individual budget items and the relevant budgetary and calculation documents.
Construction site equipment
(1) Where the cost of construction site facilities is budgeted by global or, where applicable, invoicing rates, a premium of a fixed percentage of the amount of each instalment note shall be included in the delivery and work payment notes. If payment forms are not issued, no payment may be required for construction site equipment.
(2) If the costs of temporary buildings of the construction site are otherwise budgeted than by global or, where appropriate, invoicing rates, payment forms shall be drawn up gradually to pay the volume of works on the construction site facilities actually carried out. The volume of work performed by the customer shall be ascertained and confirmed in a similar manner to that of permanent buildings. The amount of its full budget costs shall be used up with payment certificates for the acquisition of the temporary establishment. However, where the budgetary costs of the material to be dismantled exceed the budgetary costs of the dismantling, the payments for the work associated with the acquisition of the temporary building site installation may be drawn in total only to an amount less the difference between the budgetary costs of the material to be dismantled and the budgetary costs of dismantling. The price for documentation of construction site equipment includes the supplier with a single amount in the first payment note for work carried out on construction site equipment. If the documentation of the construction site installation is prepared in parts, the supplier may also include its value in the payment notes by parts, but always to the extent of the least completed documentation for one building of the construction site.
(3) The right to invoice the cost of construction site equipment arises from the supplier who provides construction site equipment *)
(a) when applying global or, where applicable, invoicing rates at the same time as the right to invoice a completed permanent object or operating set of buildings;
(b) on the date of completion of the construction, where the temporary buildings of the construction site are financed at rates other than global or invoicing rates. The invoice shall include the full cost of the installation and the cost of dismantling. The budgetary costs of the material to be dismantled shall be deducted from the same invoice.
(4) The organisation may, in the cases referred to in paragraph 3 (a), point (b) and (c): (b) agree that the right to invoice shall be established earlier, but not earlier than the date on which the building concerned has ceased to be used and has been disposed of during construction. The date of disposal of the building must be recorded in the building log.
(5) The stops provided for in Sections 13 and 14 do not apply when invoicing the cost of construction site equipment.
An organisation that causes the supplier to be unable to invoice or not to receive a instalment shall be obliged to reimburse the supplier for the amount of interest that he has lost or had to pay.
Measures to remedy defects and minor underwork
(1) The collector is entitled to temporarily detain up to 10% of the budget price of the object or the operating file to ensure the prompt removal of any defects and minor undercuts, or to comply with the design parameters for the operating files. Before 90% of the budget price of an object or operating file is exhausted, the customer shall be obliged to notify the supplier of the amount which he intends to suspend 15 days before the next instalment note is issued. The supplier shall be entitled to continue to issue payment certificates only up to an amount which the customer has not stopped according to his communication. If the customer does not communicate within the time limit which he intends to suspend, the supplier shall be entitled to issue payment forms and the customer shall be obliged to pay those payment forms until the customer has informed the supplier of the amount of the stop-off. The amount paid over the late-announced stop is no longer returned by the supplier.
(2) The suspended amount shall be paid by the buyer in turn or at the same time but at the latest shall be payable by:
(a) in the case of objects, within 10 days of the date on which the defects and minor errors which have been mentioned in the record of surrender and takeover are removed;
(b) in the case of an operating file, within 10 days of the date on which the defects and minor uncompletion indicated in the record of transmission and take-over are removed, or within 10 days of the date on which the operational file's ability to secure the proposed parameters is demonstrated in accordance with the starting curve. If defects and minor underwork have been identified and the operational file's ability to secure the projected parameters is to be demonstrated in an agreed manner, the customer will pay the suspended amount only after the defects and minor underwork have been remedied and after the proven achievement of the projected parameters. However, the collector shall be obliged to pay the suspended amount - unless this amount is also suspended because of defects and minor undercuts - in the event that the agreed licence could not be successfully carried out for the obstacle on his part.
(3) For complex housing buildings, the customer may not pay the rest of the price of the building after 90% of the budget price has been exhausted before all defects and minor underwork detected on delivery and delivery are removed. The remaining 10% of the budget price of the complex building will be paid by the customer within 10 days of the removal of these defects and minor undercuts.
(4) Organisations are required to carry out a monthly survey of the volumes carried out (§ 10a) even if the customer retains part of the budget price of the object or operating file.
Measures to complete construction
(1) The collector is entitled to temporarily no longer pay the amounts which he has suspended pursuant to Paragraph 13 if the supplier is late in fulfilling the deadlines on the main buildings or operating sets of construction and for complex residential construction with the performance on the buildings which are part of the technical and civil equipment of the construction.
(2) The suspended amounts shall be paid by the customer - if his rights are satisfied under Paragraph 13 - within 10 days of the date on which the supplier fulfils the agreed replacement period; However, if this replacement deadline does not ensure that the delivery will be delivered within the agreed (original) time limit, the buyer shall be obliged to pay the suspended amounts no later than after the delivery has been surrendered and taken over.
(3) The project documentation is the basis for the determination of the main building and the main operating set of the construction and the crucial dates for its implementation, as well as for the identification of the technical and civil facilities of complex residential construction. *)
(4) Paragraph 13 (4) applies mutatis mutandis.
If the operating file or object has defects and minor undercuts and if their proper operation (use) is at risk at the same time from the completion of other downstream operating files and objects (§ 14), the customer may, for both reasons, withhold a maximum of 10% of the total amount of the invoice not reduced by instalments.
Measures to comply with the date of entry into service
(1) Where the supplier is in delay, with the work and supply process on the premises or the operating file, for circumstances which are solely on his side, the customer may suspend the instalments and not pay the payment notes relating to that object or operating file, starting from the first month of the following calendar quarter. In this case, the organisations are obliged to continue to carry out a monthly survey of the volumes carried out (§ 10a) and the supplier continues to issue payment certificates.
(2) The suspended amounts shall be paid by the buyer within 10 days of the date on which the delay is removed from the building (assembly) log according to the approved registration or the dates of performance of the works and supplies are changed in the economic contract.
(1) In the postponement of the deadline for the transfer of capacity to the test operation or completion of the buildings set by the Government of the CSSR as binding tasks of the State Plan or centrally assessed buildings for which the CSSR Government has set the deadline for the transfer of capacity to the test operation or the completion of the construction as a binding task of the State Plan, the investor is obliged to stop the instalments and not to pay the instalment sheets for the period from the planned deadline for the transfer of capacity to the test operation or completion of the construction,
(a) until the date of the decision of the Government of the CSSR on the new term;
(b) until the actual transfer of capacity to the test operation or completion of the construction, if it is a replacement deadline 1)
(2) Organisations are required to continue to carry out a monthly survey of the volumes carried out (§ 10a) and the supplier shall issue payment certificates even as the instalments are stopped and the payment notes are not paid in accordance with the provisions of paragraph 1.
(3) If an investor pays a instalment contrary to the provisions of paragraph 1, he shall be obliged to pay periodic penalty payments or, where appropriate, a fine in accordance with the special regulation.2)
Foreign trade business invoicing to investors
(1) Foreign trade undertakings only invoice under this decree if the investor is their customer,
(a) imported machinery, equipment and sets of machinery and equipment or parts thereof;
(b) imported assembly;
(c) imported works;
(d) imported separate projects, i.e. not included in the price of imported machinery, equipment or sets of machines and equipment.
(2) The deliveries referred to in the preceding paragraph shall be invoiced by the total invoice (if it is only one delivery to be met by the contract) or by partial invoices. The volume of supply invoiced by one partial invoice depends mainly on the volume of invoicing of foreign suppliers to foreign trade undertakings.
(3) The invoice for imported machinery and equipment, or for sets of machines and equipment, or in the Annex to this invoice, must contain the detailed specification of the supply or part thereof or a reference to the document containing these details (e.g. a packing note, if the investor receives it).
(4) An invoice for the imported assembly must be accompanied by a copy of the assembly declaration signed by the investor. The invoice for imported works must be accompanied by similar documents provided that their copies are agreed with a foreign supplier.
(5) The right to invoice arises
(a) for the supply of machinery and equipment or sets of machines and equipment
- the date of their arrival at the Czechoslovak border, with the exception of imported projects which are part of the supply but are sent by post [point (d)],
(b) for imported installations and for imported works
- the date on which the foreign trade undertaking received the invoice from the foreign supplier,
(c) for imported projects received by post to the address of foreign trade undertakings
- the date of submission of the mail projects for further domestic transport,
(d) for imported projects received by post directly to the investor
- the date on which the foreign trade undertaking received the invoice from the foreign supplier.
Other investment supplies and works
Supplies and works not mentioned in the previous provisions shall be invoiced by total invoice and the right to invoice shall arise from the date of completion of the delivery.
Work and delivery in your own direction
In the case of construction under its own control, transfers of investment funds shall be made on the basis of internal invoices and internal payment forms, mutatis mutandis in accordance with the provisions of this Order.
The invoice may be issued by:
(a) for the supply of project documentation - the date of completion of the documentation;
(b) in the case of supplies contained in the budget of the construction - the date of completion of the work on the operating file or building,
(c) in the case of individual primary funds - on the date of completion of the basic device,
(d) for other supplies and works - the date of completion of the supplies or works.
Supply of geological works
(1) The supply of geological works shall be invoiced in accordance with the provisions of this Order.
(2) Paragraphs 7, 8, 10 (3), 10a (3), 14, 15 and 16 do not apply to supplies of geological works.
(3) Paragraph 10 (1) and (2) apply to the supply of geological works, provided that Article 25 applies to the detection of the works carried out; the right of payment arises on the 11th day following the end of the month for which the payment note is issued.
Forms of invoices and forms of payment
(1) For invoices for the supply of geological works, the requirements set out in Section 3 (1) of this Decree shall apply, with the provision of the number and name of the task (action) for works financed from the state budget under point (d).
(2) Several tasks (actions) may be included in the instalment note in agreement with the organisations; in that case, the number and names of the individual tasks (actions), the amount of the relevant instalments and the indication "aggregate payment note 'shall be indicated on the instalment note. Protocols on the work carried out are part of the payment forms.
Invoice
(1) Project documentation of geological works *) is invoiced by the total invoice; the right to invoice this documentation arises from the date of completion of the delivery.
(2) Geological work carried out according to project documentation drawn up for each stage of geological work ("stage of work") shall be invoiced after its implementation. In those cases where the stage of work is of a long-term nature and represents a significant volume of work, organisations may agree to separate invoicing of integrated parts of that stage. The right to invoice shall be established in both cases on the 11th day following completion of the delivery.
Survey of the volume of geological work carried out
(1) The determination of the volume of geological work carried out shall be carried out mutatis mutandis in accordance with the provisions of Paragraph 10a (1) and (2), with the observation being carried out at the geological place at all times and having to be completed no later than 10 days after the end of the month for which the instalment is granted.
(2) A separate report on the work carried out shall be drawn up on each task (s), which shall be indicated in the header by the name and number of the task (s). The protocols are numbered in an arithmetic uninterrupted series of numbers. The bill of lading shall be the basis for drawing up the work report.
(3) The collector is required to confirm for each task (action) in the report on the work carried out that the volume of works and supplies, their classification and quality correspond to the findings made by the customer.
(4) The provisions of paragraphs 1 to 3 do not apply to the supply of geological works financed by the State budget. Principles for determining the volumes of these works for the purpose of providing instalments are laid down by the Czech Geological Office in agreement with the Ministry of Finance of the Czech Socialist Republic and the Slovak Geological Office in agreement with the Ministry of Finance of the Slovak Socialist Republic.
Measures to ensure opposition proceedings * *)
(1) The collector is entitled to suspend until the time agreed for the termination of the opposition proceedings, but no later than 6 months from the date of completion of the supply of geological works, i.e. temporarily not to pay up to 10% of the total amount of the invoice not reduced by instalments.
(2) The collector shall pay the amount withheld within 10 days of the conclusion of the opposition proceedings, but not later than 10 days after the deadline referred to in paragraph 1.
PROVISIONS TRANSITIONAL, COMMON AND FINAL
(1) In the case of set-up operating sets and objects to be completed under closed economic contracts within 6 months of the date of application of this decree, the supplies referred to in Article 8 shall be invoiced in accordance with the existing rules.
(2) In the case of set-up operational files and objects which are to be completed under the contract later than 6 months after the date of application of this decree, suppliers carrying out the supplies referred to in Article 8 are required to draw up and agree with customers a list of the invoices issued for supplies and works sent or carried out before the expiry of this decree. The total amount of these invoices shall be reduced by the amount of any instalments. If the provision of instalments is not agreed, the supplier shall not return to the customer the amounts paid before the decree is effective on the set-up of the operating files and objects. Invoices for supplies and works sent or carried out before the date of application of this Order shall not constitute instalments. Where organisations have decided to use the possibility of making instalments, they shall agree in the Appendix to the Economic Agreement the conditions for granting them. They may do so only within 3 months of the date of entry into force of the Decree.
(3) If the operating files or objects have not started on the date of the effective work or delivery order and the economic contract has already been concluded, the organisations shall - if they have decided to use the payment options - negotiate the amendment to the contract. However, if the organisation does not agree on this amendment within 3 months of the entry into force of the decree, suppliers may no longer require payment of instalments and the delivery shall be invoiced by the total invoice provided for in that order.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to geological work begun before the date of application of this decree.
Where a repayment agreement is envisaged in this decree, it may not be replaced by a decision of the superior authorities or by a decision of economic arbitrage.
The Ministry of Finance may, in serious cases, allow exemptions from this decree if they relate to the arrangements for invoicing and payment.
The Order of the Ministry of Finance No. 205 / 1964 Coll., on invoicing and payment of supplies for investment construction and general repairs, as well as Sections 16 to 20 of the Order of the Central Geological Office and of the Ministry of Finance No. 22 / 1961 Coll., on planning, budgeting, planning, financing and invoicing of geological works, is hereby repealed.
This decree takes effect on 1 January 1968, but organisations may agree to follow it before that date.
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Regulation Information
| Citation | Decree of the Ministry of Finance and Chief Arbiter of the Czechoslovak Socialist Republic No. 22 / 1967 Coll., on invoicing and payment of supplies for investment construction and supply of geological works |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.03.1967 |
|---|---|
| Effective from | 01.01.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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