The Ministry of Finance explained how to return the advance and change the payment period for the state contract
The Agency explained how to ensure the return of the advance payment under the state contract, how and in what case it is possible to extend the payment period under the contract, if such a need is related to the coronavirus.
How to get a refund of an advance payment under a contract
According to the Law N 44-FZ, a contract is concluded only after security for its execution has been provided. The contract must be backed by money or a Bank guarantee.
If the supplier is required by the terms of the documentation and contract to return the advance, then the proper performance of this obligation must also be ensured. When the execution of the contract is secured by money, the supplier deposits the funds to the account specified by the customer. If the terms of the contract are violated, the customer will deduct funds from this account in an amount equal to the amount of property claims against the supplier. In the event of circumstances provided for in the contract, the amount of the security payment is credited to the performance of the obligation, including the refund of the advance.
How and in what case can I postpone the payment period for the contract
The Agency reminded that the Law N 44-FZ sets the maximum payment terms: 30 days from the date of signing the acceptance documents by the customer — for all performers, 15 working days from this date-for SMP and SONKO. The law does not provide for an extension of this period. For its violation, the customer can be charged a penalty and brought to administrative responsibility.
However, in 2020, due to the spread of coronavirus, it is possible to change the term of the contract by agreement of the parties. To do this, it is necessary to have completed the LBO for the term of performance of the contract and comply with other conditions under part 65 of article 112 of the Law N 44-FZ.
Documents: Letter of the Ministry of Finance dated 19.06.2020 N 24-03-08/53083
Letter of the Ministry of Finance dated 19.06.2020 N 24-03-06/53323