| GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
| No. 40/2020/ND-CP | Hanoi, April 6, 2020 |
PROVIDING DETAILS ON IMPLEMENTATION OF SEVERAL ARTICLES OF LAW ON PUBLIC INVESTMENT
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Public Investment dated June 13, 2019;
Upon the request of the Minister of Planning and Investment;
The Government hereby promulgates the Decree providing detailed regulations on the implementation of several Articles of the Law on Public Investment.
This Decree sets out detailed regulations on the implementation of several Articles of the Law on Public Investment pertaining to the followings:
1. Documentation requirements, subject matters and time of assessment of and grant of decisions on investment policies or decisions on adjustment of investment policies, and cases where any adjustment of investment policies for group-A, B and C public investment programs or projects is required.
2. Documentation requirements, subject matters and time of assessment of and grant of decisions on public investment programs or projects; subject matters of, application and documentation requirements and procedures for any adjustment of group-A, B and C public investment programs or projects.
3. Principles of, authority over, application and documentation requirements and procedures for grant of decisions on investment policies; principles of, authority over, subject matters of, application or documentation requirements and procedures for design, assessment and grant of decisions on investment in group-A, B and C foreign public investment projects.
4. Decentralization of authority, authorization, application and documentation requirements, procedures and processes for making decisions on investment policies and investment decisions for group-A, B and C public investment programs or projects using legitimate revenues of state regulatory authorities and public service units for investment purposes.
5. Procedures and processes for making investment applicable to public investment plans to grant subsidies to offset costs incurred from application of preferential lending interest rates and management fees; make equity contribution to the charter capital of policy banks and state off-budget financial funds; provide investment support for other policy beneficiaries under the Prime Minister’s decisions.
6. Subject matters and contents of preliminary evaluations of environmental impacts carried out before grant of decisions on policies for investment in projects.
7. Management of implementation of investment preparation, planning tasks and public investment projects without construction components.
8. Formulation, design, assessment, approval and assignment of tasks of midterm and annual plans for investment of legitimate revenues retained by state regulatory authorities and public service units for investment purposes.
9. Solutions and approaches to presiding over, leading the implementation of and reporting to competent authorities on developments and progress of implementation of medium and annual public investment plans.
10. Application and documentation requirements, processes and procedures for revision of midterm and annual plans for investment of the state budget’s capital.
11. Extension of the deadlines for implementation and disbursement of capital for implementation of midterm and annual plans for investment of the state budget’s capital.
12. National communication system and database regarding public investment activities.
Article 2. Subjects of application
This Decree shall apply to entities and persons participating or involved in public investment, public investment capital management and use activities.
1. Internal assessment refers to an act of inspection and verification of contents of a documentation package or report before submitting it to the competent authority or the Assessment Council so that the Council can carry out the assessment of an investment policy used as a basis for the competent authority to issue its decision on that investment policy or decision on adjustment of an investment policy for a program or project; can carry out the assessment of a program or project that serves as a basis for grant of a decision on or a decision on adjustment of a program or project. The head of a host entity presiding over an internal assessment shall be decided by a Minister, a Head of a central body and a President of a People’s Committee at any level.
2. Public investment project in a foreign country (hereinafter referred to as foreign public investment project) includes investment projects on purchase of equipment, new construction, renovation, alteration and repair of working offices and houses for public officials and employees of Vietnam’s representative and other agencies in foreign countries using all or part of public investment capital; investment projects on purchase of houses, purchase of land and long-term rental of land in foreign countries for construction of working offices and houses for public officials and employees by using all or part of public investment capital.
3. Granting subsidies to offset costs incurred from application of preferential lending interest rates and management fees to policy banks refers to an act of distributing public investment capital to help policy banks to cancel out any difference in interest rates and management fees that is likely to arise from lending funds to policy beneficiaries in accordance with laws.
4. Granting the charter capital or granting funds added to the charter capital for a policy bank and an extra-budgetary financial trust refers to an act of allocating public investment capital used as the charter capital and an addition to the charter capital for the policy bank or non-budgetary financial trusts under any relevant decision issued by a competent authority.
5. Investment support for policy beneficiaries under the Prime Minister’s decision refers to an act of allocating public investment capital for the purpose of implementing specific policies under the Prime Minister’s decision.
6. National communication system and database regarding public investment activities:
a) National investment communication system is a collection of hardware, software and database which is made with the aim of creating, designing, providing, transmitting, collecting, handling, storing and exchanging information related to public investment activities online (hereinafter referred to as system);
b) National public investment database is a collection of basic information about public investment programs, projects and plans which is built, updated and maintained for the purposes of administering, exploiting and using public investment data by electronic means;
c) The system shall be synchronously established and operated nationwide to serve demands for the state management of public investment activities, including compiling, submitting, sending and adjusting midterm and annual public investment plans; monitoring and evaluating public investment programs and projects; managing, storing and publicly disclosing data in accordance with regulations in force.
Article 4. Costs of formulation and assessment of public investment programs or projects
1. Costs of preparation, verification and assessment of a pre-feasibility study report or an investment policy recommendation report of a group-A, B or C public investment program or project shall be subject to regulations laid down in Article 15 in the Law on Public Investment.
2. In case where any project does not obtain investment policy decisions or investment decisions from competent authorities, expenses already paid for the preparation of pre-feasibility study reports or investment policy recommendation reports shall be recorded and charged into investment preparation expenses as part of capital investment expenditures of ministries, central agencies and all-level local governments in charge of project management affairs.
1. Programs and projects of state regulatory authorities and public service units that are put under the control of ministries or central regulatory bodies:
a) Ministers and Heads of central regulatory bodies shall be accorded authority to make decisions on policies for investment in group-A, B and C public investment programs or projects of state regulatory authorities under their management; group-A programs or projects of other directly-affiliated public service units independently paying current expenses; group-A and B programs and projects of other directly-affiliated public service units, except those referred to in point b and c of this clause;
b) Heads of public service units shall, according to relevant regulations, independently pay their current and capital expenses incurred from decisions on investment policies for group-A, B and C programs and projects under their jurisdiction;
c) Heads of public service units independently paying their current expenses shall be accorded authority to make decisions on investment policies for group-B and C projects under their jurisdiction;
d) Heads of other public service units, except those stipulated in point b and c of this clause, shall be accorded authority to make decisions on investment policies for group-C projects under their jurisdiction.
2. Programs and projects of state regulatory authorities and public service units that are put under the control of local governments:
a) Presidents of People’s Committees at any level shall be accorded authority to make decisions on policies for investment in group-A, B and C public investment programs or projects of state regulatory authorities under their management; group-A programs or projects of directly-affiliated public service units independently paying their current expenses; group-A and B programs or projects of other directly-affiliated public service units, except those referred to in point b and c of this clause;
b) Heads of public service units shall, according to relevant regulations, independently pay their current and capital expenses incurred from decisions on investment policies for group-A, B and C programs and projects under their jurisdiction;
c) Heads of public service units independently paying their current expenses shall be accorded authority to make decisions on investment policies for group-B and C projects under their jurisdiction;
d) Heads of other public service units, except those stipulated in point b and c of this clause, shall be accorded authority to make decisions on investment policies for group-C projects under their jurisdiction.
3. Within 10 days of receipt of the approval of investment policies for public investment programs or projects, public service units prescribed point b, c and d of clause 1 of this Article and point b, c and d of clause 2 of this Article shall be accorded authority to submit decisions on the approval of investment policies for public investment programs or projects to relevant supervisory ministries, central regulatory bodies and People's Committees at any respective level for reporting purposes.
1. Heads of ministries or central regulatory agencies:
a) Authorize directly affiliated units or public service units under their authority to prepare pre-feasibility study reports or investment policy recommendation reports for the public investment programs or projects referred to in point a of clause 1 of Article 5 herein;
b) Establish Assessment Councils or mandate competent units to assess pre-feasibility study reports or investment policy recommendation reports; assess funding sources and capacity to balance capital derived from legitimate revenues of state regulatory authorities and public service units which are retained for investment purposes;
c) Direct those units specified in point a of this clause to complete pre-feasibility study reports and investment policy recommendation reports; submit them to heads of ministries or central regulatory bodies to seek their approval decisions on policies for investment in public investment programs or projects.
2. Presidents of People’s Committees at any level:
a) Authorize specialized agencies, directly affiliated units or public service units under their authority to prepare pre-feasibility study reports or investment policy recommendation reports for the public investment programs or projects referred to in point a of clause 2 of Article 5 herein;
b) Establish Assessment Councils or mandate competent units to assess pre-feasibility study reports or investment policy recommendation reports; assess funding sources and capacity to balance capital derived from legitimate revenues of state regulatory authorities and public service units which are retained for investment purposes;
c) Direct those bodies and units specified in point a of this clause to complete pre-feasibility study reports and investment policy recommendation reports; submit them to Presidents of People’s Committees at any level to seek their approval decisions on policies for investment in public investment programs or projects.
3. Heads of public service units prescribed in point b, c and d of clause 1 of Article 5 and point b, c and d of clause 2 of Article 5 herein:
a) Authorize specialized agencies and directly affiliated units under their authority to prepare pre-feasibility study reports or investment policy recommendation reports for their own public investment programs or projects;
b) Establish Assessment Councils or mandate competent units to assess pre-feasibility study reports or investment policy recommendation reports; assess funding sources and capacity to balance capital derived from their own legitimate revenues which are retained for investment purposes;
c) Direct those units or bodies specified in point a of this clause to complete pre-feasibility study reports and investment policy recommendation reports; submit them to heads of public service units to seek their approval decisions on policies for investment in public investment programs or projects.
1. Principles of grant of decisions on policies for investment in foreign public investment projects shall be subject to clause 2 and 3 of Article 3 in the Law on Public Investment and other regulations laid down herein.
2. Authority over grant of decisions on policies for investment in foreign public investment projects shall be subject to Article 17 in the Law on Public Investment.
1. Heads of ministries or central regulatory bodies:
a) Authorize their directly controlled units to prepare pre-feasibility study reports or investment policy recommendation reports;
b) Establish Assessment Councils or authorize competent units to assess pre-feasibility study reports and investment policy recommendation reports; assess funding sources and capacity to balance project-related capital;
c) Direct those units specified in point a of this clause to complete pre-feasibility study reports and investment policy recommendation reports; submit them to respective competent authorities to seek their approval decisions on investment policies for public investment projects.
2. Presidents of People’s Committees at any level:
a) Authorize their specialized agencies and directly affiliated units under their authority to prepare pre-feasibility study reports or investment policy recommendation reports for public investment projects;
b) Establish Assessment Councils or authorize competent units to assess pre-feasibility study reports and investment policy recommendation reports; assess funding sources and capacity to balance project-related capital;
c) Direct those units specified in point a of this clause to complete pre-feasibility study reports and investment policy recommendation reports; submit them to respective competent authorities to seek their approval decisions on investment policies for public investment projects.
3. Components of pre-feasibility study reports or investment policy recommendation reports for group-B and C projects:
a) Investment necessity, prerequisites for carrying out investments, assessment of relevance of the projects to related planning schemes prescribed in the host country's laws;
b) Objectives, scale and location of investment;
c) Total estimated investment;
d) Anticipated investment schedule and phasing;
dd) Factors related to security and environment; preliminary determination of socio-economic effectiveness;
e) Division of the project into constituent projects (if any);
g) Implementation measures.
4. Subject matters of the assessment of investment policies for public investment projects, including:
a) Necessity of investment in the public investment project;
b) Compliance with the domestic laws of the host country and the Socialist Republic of Vietnam;
c) Relevance of the public investment project to the related planning scheme provided in the host country’s laws;
d) Objectives, scale, location and schedule of implementation of the investment project; factors related to security and environment;
dd) Socio-economic effectiveness.
1. Application and documentation requirements of pre-feasibility study reports or investment policy recommendation reports for group-A, B or C public investment programs or projects, including:
a) Application or request form submitted to the competent authority to seek their decision on the investment policy for a public investment program or project;
b) Pre-feasibility study report for the group-A public investment project; the investment policy recommendation report for a group-B or C public investment program or project referred to in Article 29, 30 and 31 in the Law on Public Investment;
c) Other relevant documents (if any).
2. The required number of sets of application or request documents for the assessment submitted to the Assessment Council or the entity presiding over the assessment shall be 10 sets.
3. Subject matters of the assessment of an investment policy for a public investment program, including:
a) Conformance to criteria for determination of public investment programs;
b) Conformity of components of application or request documentation for the assessment to laws;
c) Relevance to related strategic objectives; socio-economic development plans; plans for development of sectors or industries; related planning schemes provided in law on planning;
d) Assessment subject matters prescribed in Article 29 of the Law on Public Investment, including specific assessments of basic components of a public investment program, including objectives, scope, scale and subjects of investment, time, schedule of implementation of the program and estimated capital to be provided; funding sources and capacity to balance investment capital; mobilization of funding and other sources;
dd) Socio-economic effectiveness, environmental protection and sustainable development.
4. Subject matters of the assessment of an investment policy for a group-A, B or C public investment project, including:
a) Necessity of investment in the public investment project;
b) Conformity of components of application or request documentation for the assessment to laws;
b) Relevance of the project to strategic objectives; related plans and planning schemes provided for in law on planning;
d) Conformance to criteria for classification of group-A, B or C public investment projects;
dd) Assessment subject matters prescribed in Article 30 and 31 in the Law on Public Investment, including specific assessments of basic components of the public investment project like investment objectives, scale, form, scope, location and size of land necessary for implementation of the project, time length and schedule, alternatives for main technologies for implementation of the project, environmental protection approaches, funding sources, investment capital balancing capacity; capital recovery and debt repayment capability; intended fund allocation;
e) Socio-economic effectiveness, environmental protection and sustainable development.
5. Authorities presiding over the assessment of pre-feasibility study reports and investment policy recommendation reports for public investment programs and projects shall have the burden of consulting with authorities mandated to assess funding sources and capacity to balance investment capital for public investment programs and projects according to the provisions of clause 2, 3 and 4 of Article 33 in the Law on Public Investment during the process of carrying out the assessment of pre-feasibility study reports and investment policy recommendation reports for public investment programs and projects.
6. Durations or time limits for assessment of pre-feasibility study reports or investment policy recommendation reports for group-A, B or C public investment programs or projects after Assessment Councils or authorities presiding over assessment receive valid submitted documents shall be as follows:
a) National target programs: Not exceeding 60 days;
a) Public investment programs (exclusive of national target programs): Not exceeding 45 days;
c) Group-A public investment projects: Not exceeding 45 days;
d) Group-B and C public investment projects: Not exceeding 30 days;
In case where any submitted document is invalid, or any component of pre-feasibility study reports or investment policy recommendation reports for public investment programs or projects is not corresponding to regulations laid down in Article 29, 30 and 31 in the Law on Public Investment, within the maximum duration of 10 days of receipt of submitted documents, Assessment Councils or authorities presiding over assessment shall send their written opinions to authorities applying for or requesting assessment to provide supplementary documents or complete the components of pre-feasibility study reports and investment policy recommendation reports for public investment programs and projects.
7. In case where any extension of the time limit for assessment of pre-feasibility study reports or investment policy recommendation reports for public investment programs or projects, Assessment Councils or authorities presiding over assessment shall:
a) Seek the Prime Minister’s consent to the extension of time limit for assessment of pre-feasibility study reports or investment policy recommendation reports for public investment programs or projects under the authority to make decisions on investment policies of the National Assembly, Government or Prime Minister;
b) Seek the consents from Presidents of People’s Committees at any relevant level to the extension of the time limit for assessment of pre-feasibility study reports or investment policy recommendation reports for public investment programs or projects under the authority to make decisions on investment policies of People’s Councils at any respective level;
c) Seek the consents from ministers or heads of central regulatory bodies to the extension of the time limit for assessment of investment policy recommendation reports for public investment programs or projects under the authority to make decisions on investment policies of ministries and central regulatory bodies;
d) Ensure that the extension period that they request is not allowed to exceed the respective assessment durations or time limits specified in clause 6 of this Article.
8. Assessment Councils or authorities presiding over assessment of pre-feasibility study reports for group-A public investment projects, or investment policy recommendation reports for group-B and C public investment programs or projects shall submit assessment reports in accordance with the following regulations:
a) With respect to public investment programs, they must send these reports to program owners and authorities having competence in making investment policy decisions;
b) With respect to group-A public investment projects under the Prime Minister’s decision-making authority, subject to clause 5 of Article 23 in the Law on Public Investment, they must also send these reports to the Government Office for the purpose of reporting to the Prime Minister;
c) With respect to group-A public investment projects under the decision-making authority of provincial-level People’s Councils, their submission of these reports shall be subject to clause 2 of Article 24 in the Law on Public Investment;
d) With respect to group-B and C public investment projects, they must send these reports to project management units and authorities having competence in making investment policy decisions.
1. Application or request documentation submitted to competent authorities to seek their decisions on investment policies for group-A, B and C public investment programs and projects shall be comprised of the followings:
a) Documents specified in clause 1 of Article 9 herein, out of which components of request or application forms and pre-feasibility study reports or investment policy recommendation reports prescribed in point a and b of clause 1 of Article 9 herein have already been completed according to assessment reports of Assessment Councils or authorities presiding over assessment activities;
b) Assessment reports regarding investment policies for public investment programs or projects issued by Assessment Councils or authorities presiding over assessment activities.
2. The required number of documents submitted to competent authorities to seek their decisions on investment policies for public investment programs or projects, subject to clause 1 of this Article, shall be 05 sets of documents.
3. Upon receipt of full and valid application or request documentation submitted to seek competent authorities’ decisions on investment policies for public investment programs or projects, the time limits for issuance of these decisions shall be as follows:
a) Public investment programs (except national target programs): Not exceeding 20 days;
c) Group-A public investment projects: Not exceeding 15 days;
c) Group-B and C public investment projects: Not exceeding 10 days;
With respect to any public investment program or project under the authority to make decisions on investment policies of People’s Councils at any respective level, time limits for issuance of these decisions shall match the meeting agenda of People's Council.
4. Within 15 days after competent authorities issue decisions on policies for investment in public investment programs or projects,
a) Ministries, central regulatory bodies and local authorities administering public investment programs or projects using the central budget's capital must submit them to the Ministry of Planning and Investment and/or the Ministry of Finance to seek their consent to those programs or projects approved by competent authorities;
b) Local authorities at any relevant level that administer public investment programs or projects using the state budget's capital must submit them to Departments of Planning and Investment and/or Departments of Finance and/or specialized investment management authorities at the same level shall make their decisions on investment policies for those programs or projects already obtaining approval from competent authorities.
1. With respect to any public investment program or project that have already obtained competent authorities’ decisions on investment policies, but not investment decisions, if there is any change in the subject matters of investment policy decisions, any adjustment in investment policies shall be subject to Article 34 in the Law on Public Investment.
2. If any public investment program or project already obtaining competent authorities’ investment decisions is in progress or under development, all adjustments in policies for investment in these programs and projects shall be subject to regulations laid down in clause 5 of Article 43 in the Law on Public Investment.
3. Application or request documentation submitted to competent authorities to seek their decisions on adjustment in investment policies for public investment programs and projects shall be comprised of the followings:
a) Application or request documentation submitted to competent authorities to seek their decisions on adjustment in investment policies for public investment programs and projects. Such documentation must clarify the following information: Reasons for adjustment in investment policies for public investment programs and projects; adjustments corresponding to main subject matters of pre-feasibility study reports or investment policy recommendation reports prescribed in Article 29, 30 and 31 in the Law on Public Investment;
b) Enclosed documents, including decisions on investment policies for public investment programs or projects; decisions on adjustment in previous investment policies for public investment programs or projects (if any); those documents specified in point b of clause 1 of Article 9 herein that are supplemented or enriched with any adjustment in investment policies;
c) Assessment reports regarding any adjustment in investment policies for public investment programs or projects that are issued by Assessment Councils or authorities presiding over assessment activities;
d) Other relevant documents (if any).
4. The required number of documents submitted to competent authorities to seek their decisions on adjustment in investment policies for public investment programs or projects shall be subject to clause 2 of Article 9 herein.
5. After receipt of full and valid documentation from authorities having competence in issuing decisions on adjustment in investment policies for public investment programs or projects, time limits for approval and issuance of these decisions shall be as follows:
a) Public investment programs (except national target programs): Not exceeding 20 days;
c) Group-A public investment projects: Not exceeding 15 days;
c) Group-B and C public investment projects: Not exceeding 10 days.
1. The preliminary evaluation of environmental impacts is a component of a pre-feasibility study report or investment policy recommendation report. Subjects of the preliminary evaluation of environmental impacts are public investment projects subject to regulatory requirements for approval of investment policy decisions as prescribed in laws on environmental protection and Article 99 in the Law on Public Investment.
2. Tasks and components of the preliminary evaluation of environmental impacts, including:
a) Evaluating the relevance of project sites to the national environmental protection strategy and planning scheme and environmental protection tasks specified in regional, provincial and other associated planning schemes;
b) Identifying and forecasting key environmental impacts likely to be caused by the evaluated public investment project according to plans regarding production, business, service, production technology size and project sites;
c) Evaluating the environmental sensitivity according to project site plans;
d) Analyzing, evaluating and selecting the optimal plan on the size of production, business, service, production technology and waste treatment technology (if any), and project sites in order to meet the requirements as to environmental protection; and on key environmental protection solutions;
dd) Determining what is to be evaluated in the process of environmental impact evaluation or environmental licensing (if any). This task is to preliminarily determine the impacts that a project may have on the environment, natural resources or biodiversity, and to give commitments to apply environmental protection measures or solutions.
DESIGN, ASSESSMENT AND GRANT OF DECISIONS ON INVESTMENT IN PUBLIC INVESTMENT PROGRAMS AND PROJECTS
1. Programs and projects of state regulatory authorities and public service units that are put under the control of ministries or central regulatory bodies:
a) Ministers and Heads of central regulatory bodies shall be accorded authority to make decisions on investment in group-A, B and C public investment programs or projects of state regulatory authorities under their jurisdiction;
b) Heads of public service units shall be accorded authority to issue decisions on investment in group-A, B and C public investment programs or projects under their jurisdiction;
c) Public service units stipulated in point b of this clause shall be designated as owners of public investment projects without construction components under their jurisdiction.
2. Public investment programs or projects of state regulatory authorities and public service units that are put under the control of local governments:
a) Presidents of People’s Committees at any relevant level shall be accorded authority to make decisions on investment in group-A, B and C public investment programs or projects of state regulatory authorities under their jurisdiction;
b) Heads of public service units shall be accorded authority to issue decisions on investment in group-A, B and C public investment programs or projects under their jurisdiction;
c) Public service units stipulated in point b of this clause shall be designated as owners of public investment projects without construction components under their jurisdiction.
1. Public investment programs or projects without construction components under the control of ministries or central regulatory bodies:
a) With respect to public investment programs or projects under the authority to issue investment decisions of Ministers and Heads of central regulatory bodies:
Based on investment policies already decided by competent authorities, Ministers or Heads of central regulatory bodies shall authorize program or project owners to prepare feasibility study reports for these programs or projects; establish Assessment Councils or mandate competent units to carrying out assessment of feasibility study reports for these programs or projects;
In this case, program or project owners may consult assessment opinions to complete feasibility study reports for these programs or projects before submitting them to Ministers or Heads of central regulatory authorities to seek their decisions on investment in these programs and projects;
b) With respect to public investment programs or projects under the authority to issue investment decisions of Heads of public service units: These Heads shall lead the preparation and formulation of feasibility study reports for these programs or projects according to investment policies approved by competent authorities; conduct the assessment and approval of these programs or projects and bear responsibility for any of their decisions in accordance with laws in force.
2. Public investment programs or projects without construction components under the control of local governments:
a) With respect to public investment programs or projects under the authority to make investment decisions of Presidents of People's Committees at any relevant level:
Based on investment policies already decided by competent authorities, Presidents of People's Committees at any relevant level shall authorize program or project owners to prepare feasibility study reports for these programs or projects; establish Assessment Councils or mandate competent units to carrying out assessment of feasibility study reports for these programs or projects;
In this case, program or project owners may consult assessment opinions to complete feasibility study reports for these programs or projects before submitting them to Presidents of People's Committees at any relevant level to seek their decisions on investment in these programs and projects;
b) With respect to public investment programs or projects under the authority to issue investment decisions of Heads of public service units: These Heads shall lead the preparation and formulation of feasibility study reports for these programs or projects according to investment policies approved by competent authorities; conduct the assessment and approval of these programs or projects and bear responsibility for any of their decisions in accordance with laws in force.
1. Principles of grant of decisions on investment in group-A, B and C foreign public investment projects shall be implemented according to clause 2 of Article 3 in the Law on Public Investment and domestic laws of host countries and the Socialist Republic of Vietnam.
2. Authority over grant of decisions on investment in foreign public investment projects shall be subject to Article 35 in the Law on Public Investment.
3. Tasks or workload involved in public investment projects with construction components of Vietnam’s overseas representative missions shall be subject to the Government’s regulations on management of public investment projects of overseas representative missions of the Socialist Republic of Vietnam and other relevant laws.
4. Tasks or workload involved in public investment projects with construction components of Vietnam’s overseas representative missions shall be subject to the Government’s regulations on management of public investment projects of overseas representative missions of the Socialist Republic of Vietnam and other relevant laws.
5. Feasibility study reports of public investment projects without construction components in foreign countries shall include the following main contents:
b) Necessity of the investment;
b) Relevance of the public investment project to the related planning scheme provided in the host country’s domestic laws;
c) Analysis and determination of objectives and selection of the appropriate size of a public investment project;
d) Analysis of natural conditions, economic conditions and selection of the public investment project site;
dd) Factors related to security and environment;
e) Site clearance plan (if any);
g) Proposed schedule of implementation of the public investment project; the timeline displaying main milestones of the investment;
h) Determination of total investment capital and funding structure;
i) Project management activities, including identification of the project owner, analysis and selection of organizational form for project management;
k) Analysis of socio-economic effectiveness.
6. Assessment of public investment projects without construction components in foreign countries shall focus on the followings:
b) Conformance of components of application or request documentation for assessment to laws;
b) Conformity of public investment projects with investment policies approved by competent authorities;
b) Investment necessity;
d) Relevance of public investment projects to planning schemes provided in host countries’ domestic laws;
dd) Relevance of project objectives and size;
e) Factors related to natural conditions, economic conditions and selection of project sites;
g) Factors related to security and environment;
h) Site clearance plans (if any);
i) Proposed schedule of project implementation; timeline displaying main investment milestones;
k) Determination of total investment capital;
l) Organizational form for project management;
m) Appropriacy in terms of funding source and capacity to balance investment capital; correlation between total investment capital and balancing of capital specified in the medium-term and annual public investment plans; the structure of investment funding sources and capacity to balance public investment funds.
1. Foreign public investment projects under the control of ministries or central regulatory bodies:
a) Based on investment policies already approved by competent authorities, Ministers or Heads of central regulatory bodies shall authorize project owners to prepare feasibility study reports; establish Assessment Councils or mandate competent units to carrying out assessment of these feasibility study reports;
b) In such case, project owners may consult assessment opinions to complete feasibility study reports before submitting them to Ministers or Heads of central regulatory authorities to seek their decisions on investment in these projects.
2. Public investment projects under the control of local governments:
a) Based on investment policies already approved by competent authorities, Presidents of People's Committees at any relevant level shall authorize project owners to prepare feasibility study reports for these projects; establish Assessment Councils or mandate competent units to carrying out assessment of these feasibility study reports;
b) In such case, project owners may consult assessment opinions to complete feasibility study reports for these projects before submitting them to Presidents of People's Committees at any relevant level to seek their approval decisions on investment in these projects.
1. Application and documentation requirements for assessment of public investment programs:
a) Request or application form for assessment of a public investment program, including program necessity or significance; main objectives and contents of a feasibility study report; recommendation to competent authorities for approval of decisions on public investment programs;
b) Feasibility study report for the public investment program that is made in compliance with clause 1 of Article 44 in the Law on Public Investment;
c) Other relevant documents (if any).
2. The required number of sets of application or request documents for the assessment submitted to the Assessment Council or the authority presiding over the assessment must be 10 sets.
3. Assessment of a national target program or a public investment program shall focus on the followings:
a) Conformance of components of application or request documentation for assessment to laws;
b) Conformity of the program with the investment policy approved by a competent authority;
c) Contents of the feasibility study report for the program, subject to clause 1 of Article 44 in the Law on Public Investment;
d) Appropriacy in terms of funding sources and capacity to balance the investment capital which is assessed by competent authorities; correspondence or compatibility between total investment capital on one side, and the medium-term and annual public investment plans on the other side; structure of capital of the central and local government’s budget and other legitimate investment funds; capital recovery and solvency or debt repayment capacity in case of using borrowed funds.
4. In the course of conducting assessment of public investment programs that focuses on those prescribed in clause 3 of this Article, Assessment Councils or authorities presiding over assessment activities shall perform review and comparison tasks to ensure that they conform to the provisions of investment policy decisions approved by competent authorities; ensure that they conform to indicators related to the size and total investment capital, including requirements under which the investment capital proportion must not exceed the levels prescribed in the investment policy decision;
In case where it is necessary to make any adjustment in policies for investment in public investment programs, the adjustment shall be subject to regulations laid down in Article 34 in the Law on Public Investment and Article 11 herein.
Article 18. Application and documentation requirements for assessment of public investment projects
1. Application and documentation requirements for the assessment of public investment projects without construction components shall include the followings:
a) Request or application forms for assessment of public investment projects, clearly stating project necessity or significance; main objectives and components of feasibility study reports; recommendation to competent authorities for grant of approval decisions on public investment projects;
b) Feasibility study reports for public investment projects that are made in compliance with Article 44 in the Law on Public Investment;
c) Reports issued by Vietnamese Fatherland Front Committees at any respective level that synthesize opinions from communities where projects are executed with respect to those projects prescribed in Article 74 in the Law on Public Investment;
d) Any other relevant documents that are necessary for the assessment of public investment projects.
2. Application and documentation requirements for the assessment of public investment projects with construction components shall be subject to law on construction and opinions from communities as provided in point c of clause 1 of this Article and other provisions of relevant laws.
3. The required number of sets of application or request documents for the assessment submitted to the Assessment Council or the authority presiding over the assessment shall be 10 sets.
4. Subject matters of the assessment of public investment projects without construction components shall be as follows:
a) Conformance of components of application or request documentation for assessment to laws;
b) Conformity of public investment projects with investment policies approved by competent authorities;
c) Components of feasibility study reports for public investment projects, subject to clause 2 of Article 44 in the Law on Public Investment;
d) Correspondence between total investment capital and allocated investment capital balance according to annual and mid-term investment plans; investment capital proportions, capacity to balance public investment capital and mobilization of other funds and resources for implementation of public investment projects; evaluation of costs of operation, maintenance, care and major overhaul incurred during the period of exploitation of public investment projects;
dd) Widespread effects of public investment projects on development of industries, sectors, territories and localities; on creation of additional budget revenues, employment, income and lives of residents; effects on environment and sustainable development.
5. Subject matters of the assessment of public investment projects with construction components shall be subject to law on construction and include those that have not yet been prescribed in clause 4 of this Article and other provisions of relevant laws.
6. In the course of conducting the assessment of public investment projects that focuses on those prescribed in clause 4 and 5 of this Article, Assessment Councils or authorities presiding over assessment activities shall perform review and comparison tasks to ensure that they conform to the provisions of investment policy decisions approved by competent authorities; ensure that they conform to indicators related to the size and total investment capital, including requirements under which the investment capital proportion must not exceed the levels prescribed in investment policy decisions;
In case where it is necessary to make any adjustment in policies for investment in public investment projects, the adjustment shall be subject to regulations laid down in Article 34 in the Law on Public Investment and Article 11 herein.
Article 19. Time limits for assessment of public investment programs or projects
1. Time limits for assessment of public investment programs or projects without construction components after authorities presiding over assessment activities receive full and valid submitted documents shall be as follows:
a) National target programs: Not exceeding 60 days;
a) Public investment programs (except national target programs): Not exceeding 45 days;
c) Group-A public investment projects: Not exceeding 45 days;
d) Group-B and C public investment projects: Not exceeding 30 days;
In case where any submitted document is invalid, or any component of pre-feasibility study reports for public investment programs or projects is not conformable to regulations laid down in Article 44 in the Law on Public Investment, within the maximum duration of 10 days of receipt of submitted documents, Assessment Councils or authorities presiding over assessment activities shall send their written opinions to authorities applying for or requesting assessment to provide supplementary documents or complete feasibility study reports for public investment programs and projects.
2. Time limits for the assessment of public investment projects with construction components shall be subject to laws on construction.
3. Time limits for internal assessments shall be regulated by Ministers or Heads of central regulatory authorities and Presidents of People’s Committees at any level.
4. In case where any extension of time limits for assessment of public investment programs or projects, Assessment Councils or authorities presiding over assessment activities shall report to authorities having competence in issuing decisions on investment in public investment programs or projects to seek their approval of such extension. Extension period shall not be allowed to exceed the respective assessment time limits set out in clause 1 of this Article.
1. Request or application documentation submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects shall include the followings:
a) Request or application forms submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects, and feasibility study reports already completed according to assessment opinions;
b) Decisions on investment in public investment programs or projects, issued by competent authorities;
c) Reports on assessment of feasibility study reports;
d) Other relevant documents (if any).
2. The required number of request or application documentation submitted to competent authorities to seek their approval of decisions on investment in public investment programs or projects as provided in clause 1 of this Article shall be 05 sets.
3. Request or application documentation submitted to competent authorities to seek their approval of decisions on investment in projects on compensation, support, resettlement and site clearance which are separated into independent projects as provided in the Law on Public Investment shall be as follows:
a) With respect to those projects with construction components, such documentation shall be subject to laws on construction;
b) With respect to those projects without construction components, such documentation must be subject to regulations laid down herein and other relevant laws;
c) With respect to projects on compensation, support, resettlement and site clearance, and remaining projects which are separated from projects of national significance or group-A public investment projects under clause 1 of Article 5 in the Law on Public Investment that are classified according to criteria for project classification, such documentation shall be subject to decisions on investment policies.
1. Decisions on group-A, B and C public investment programs or projects:
a) Decisions on investment in public investment programs must contain the following main information: program objectives, scope and scale; total investment and structure of resources used for implementation of programs, including project portfolio, level of allocated public investment capital, mobilization of funding and other sources; capital allocation plans and program implementation progress; associated costs arising in the process of implementation of programs and operating costs after completion of development of programs; component projects of programs; implementation solutions; etc.
b) Decisions on public investment projects without construction components shall contain the following main contents: Project name; project owners; bodies providing consultancy for development of projects 9if any); investment objectives, scale and execution progress; project sites; technological designs (if any); technical regulations; total investment capital; funding sources and proposed allocation of capital according to implementation progress; organizational forms of management of projects to be applies; etc.
c) Decisions on investment in public investment projects with construction components shall be subject to laws on construction.
2. Upon receipt of full and valid application or request documentation submitted to seek competent authorities’ decisions on investment in public investment programs or projects, the time limits for issuance of these decisions shall be as follows:
a) Public investment programs: Not exceeding 20 days;
c) Group-A public investment projects: Not exceeding 15 days;
c) Group-B and C public investment projects: Not exceeding 10 days.
3. Within 15 days after competent authorities issue their decisions on investment in public investment programs or projects:
a) Ministries, central regulatory bodies and local authorities administering public investment programs or projects using the central budget's capital must submit them to the Ministry of Planning and Investment and the Ministry of Finance to seek their consent to those programs or projects approved by competent authorities;
b) Local authorities at any relevant level that administer public investment programs or projects using the capital of the local governments’ budget must submit them to Departments of Planning and Investment and/or Departments of Finance and/or specialized investment management authorities at the same level shall make their decisions on investment in those programs or projects already obtaining approval from competent authorities.
1. Program or project owners shall assume the following responsibilities:
a) Conduct the assessment of the entire process of implementing public investment programs and projects till the time of submission of request for adjustment; report on the results of evaluation of public investment programs and projects to authorities having competence in making investment decisions;
b) Assign specialized bodies to prepare reports on recommendation about adjustments in public investment programs and projects. The report on recommendation about any adjustment in a public investment program or project must clearly state reasons for such adjustment to ensure conformance to regulations laid down in Article 43 in the Law on Public Investment;
c) Conduct internal assessments of any adjustment in public investment programs or projects;
d) Complete reports on recommendation about adjustments in public investment programs and projects which are submitted to competent authorities to seek their approval decisions on such adjustment.
In case where any adjustment causes any increase in the gross investment capital greater than the one already obtaining investment policy decisions from competent authorities, the project must follow procedures and processes for grant of decisions on modification of investment policies according to the provisions of Article 34 in the Law on Public Investment and Article 11 herein before receipt of decisions on project adjustments from competent authorities.
2. Procedures and processes for assessment and grant of decisions on adjustment in public investment programs:
a) Processes for assessment and grant of decision on adjustments in national target programs shall be subject to provisions laid down in clause 2, 3 and 4 of Article 37 in the Law on Public Investment;
b) Processes for assessment and grant of decision on adjustments in public investment programs obtaining the Government’s decisions on investment policies shall be subject to provisions laid down in clause 2 and 3 of Article 38 in the Law on Public Investment;
c) Processes for assessment and grant of decision on adjustments in public investment programs obtaining decisions on investment policies from People’s Councils shall be subject to provisions laid down in clause 2 and 3 of Article 39 in the Law on Public Investment.
3. Procedures and processes for assessment and grant of decisions on adjustment in public investment projects:
a) Processes and procedures for assessment and grant of decisions on adjustments in public investment projects without construction components shall be subject to the provisions laid down in clause 2 of Article 40 in the Law on Public Investment;
b) Processes and procedures for assessment and grant of decisions on adjustments in public investment projects with construction components shall be subject to law on construction and other regulations of relevant laws.
1. Application or request documentation submitted to competent authorities to seek their decisions on adjustment in public investment programs and projects shall be comprised of the followings:
a) Request or application forms submitted to competent authorities to seek their approval of adjustments in public investment programs or projects. The form must clarify objectives and reasons of adjustments according to the provisions of clause 1 and 2 of Article 43 in the Law on Public Investment;
b) Decisions on policies for investment in public investment programs or projects; decisions on adjustment in policies for investment in public investment programs or projects (if any);
c) Decisions on investment in public investment programs or projects; decisions on investment in previously adjusted public investment programs or projects (if any);
d) Internal assessment reports that give recommendations about adjustments in public investment programs or projects, and other assessment reports under laws (if any);
dd) Reports on assessment, inspection and evaluation of implementation of public investment programs or projects that are made in accordance with clause 4 of Article 43 in the Law on Public Investment;
e) Other relevant documents (if any).
2. The required number of documents submitted to authorities having competence in issuing investment decisions to seek their approval of adjustments in investment policies for public investment programs or projects shall be subject to clause 3 of Article 18 herein.
3. Subject matters of the assessment of national target programs or public investment programs shall include the followings:
a) Conformance of components of application or request documentation for assessment to laws;
c) Contents of feasibility study reports for public investment programs subject to clause 1 of Article 44 in the Law on Public Investment;
c) Appropriacy in terms of funding sources and capacity to balance the investment capital which is assessed by competent authorities; correspondence or compatibility between total investment capital on one side, and the medium-term and annual public investment plans on the other side; structure of capital of the central and local government’s budget and other legitimate investment funds; capital recovery and solvency or debt repayment capacity in case of using borrowed funds;
d) Conformance to provisions of laws on adjustment in public investment programs, subject to provisions laid down in clause 1, 3 and 4 of Article 43 in the Law on Public Investment and herein.
4. Subject matters of the assessment of adjustment in public investment projects without construction components shall be as follows:
a) Conformance of components of application or request documentation for assessment to laws;
b) Conformity of public investment projects with investment policies approved by competent authorities;
c) Components of feasibility study reports for public investment projects, subject to clause 2 of Article 44 in the Law on Public Investment;
d) Relevance of adjustment to total investment capital and capacity to balance investment capital already assessed by competent authorities; correspondence between total investment capital and allocated capital balance specified in mid-term and annual public investment plans; investment capital proportions, capacity to balance public investment capital and mobilization of other funds and resources for implementation of public investment projects; evaluation of costs of operation, maintenance, care and major overhaul incurred during the period of exploitation of public investment projects;
dd) Widespread effects of public investment projects on development of industries, sectors, territories and localities; effects on creation of additional budget revenues, employment, income and lives of residents; other effects on environment and sustainable development;
e) Conformance to provisions of laws on adjustment in public investment programs to clause 2, 3 and 4 of Article 43 in the Law on Public Investment.
5. Subject matters of the assessment of public investment projects with construction components shall be subject to law on construction and include those that have not yet been prescribed in clause 4 of this Article and other provisions of relevant laws.
6. Time limits for assessment of adjustments in public investment projects shall be subject to Article 19 herein.
1. Contents of decisions on adjustments in public investment programs or projects shall include those adjustments corresponding to contents of decisions on investment in public investment programs or projects in accordance with clause 1 of Article 21 herein.
2. Time limits for grant of decisions on adjustment in public investment programs or projects, and time limits for sending decisions on adjustments in public investment programs or projects for their being integrated into mid-term and annual public investment plans shall be subject to regulations laid down in clause 2 and 3 of Article 21 herein.
1. Heads of agencies assigned by competent authorities to formulate the national master plan, the national marine spatial planning scheme, the national land use planning scheme, the regional planning scheme, and heads of agencies assigned to formulate the national industry planning scheme or provincial planning schemes, shall be authorized to decide organizational forms and structures for management of implementation of planning tasks according to management requirements and specific conditions of these tasks, including: Management board, hiring of independent consulting service providers for management or authorization given assigned agencies for their direct management on their own.
2. Costs of management of implementation of planning tasks shall be subject to regulations on costs of management of projects under laws on construction.
3. Ministers, Heads of central regulatory authorities and Presidents of People’s Committees at any relevant level may decide organizational forms and structures for management of implementation of the task of investment preparation according to managerial requirements and specific conditions of the task and relevant specialized laws, including: Management board, hiring of independent consulting service providers for management or authorization given assigned agencies for their direct management on their own.
4. Persons having competence in making decisions on investment in projects without construction components prescribed in the Law on Public Investment may decide organizational forms and structures for management of implementation of the task of carrying out public investment projects according to managerial requirements and specific conditions of the particular project and relevant specialized laws, including: Management board, hiring of independent project management service providers and project owners’ direct management on their own.
5. Organizational forms and structures for management of projects without construction components that use ODA capital or concessional loans of foreign donors shall conform to regulations laid down in ODA treaties or other agreements with donors. Unless specified in these treaties or agreements, organizational forms and structures for project management shall conform to regulations laid down in clause 4 of this Article.
6. Emergency projects without construction components:
a) Authorities having competence in making decisions on investment in these projects may decide organizational forms and structures for management thereof; conduct the supervision of implementation thereof, acceptance testing, commissioning and transfer of completed ones in accordance with laws on public investment and other provisions of relevant legislation;
b) Authorities having competence in making decisions on investment in these projects can authorize project owners to decide and bear responsibility for organizational forms or structures for management of implementation thereof from the stage of formulation of these projects to the stage of completion and operation thereof, as well as be held liable for such authorization.
1. Authorities having competence in making investment decisions may decide the project design plan that ensures effectiveness in management of implementation of projects. These plans shall be as follows:
a) One-step design is a detailed design composed of documents represented by interpretations, maps and descriptions of design elements and other technical requirements that need to be met;
b) Two-step design includes fundamental designs and detailed designs. Fundamental design is composed of documents represented by interpretations and maps preliminarily showing technical infrastructure designs and other information that assure description of design plans. The following-step design must be corresponding to main data and information shown in the previous-step design.
2. Elements and components of project design plans prescribed in clause 1 of this Article shall be subject to regulations of specialized laws.
3. The number of steps in design of public investment projects without construction components that use ODA capital or concessional loans of foreign donors shall conform to regulations laid down in ODA treaties or other agreements with donors. Unless specified in these treaties or agreements, the number of design steps shall conform to regulations laid down in clause 1 of this Article.
Article 27. Items and determination of total investment capital of public investment project
1. Preliminary calculation of total investment capital of a project is an estimate of investment costs of the project that are made according to subject matters of the pre-feasibility study report for a group-A public investment project or investment policy recommendation report for a group-B or C public investment project;
Preliminary total investment capital of a public investment project shall be calculated on the basis of the size, capacity or operational capacity and rate on investment (if any) of a project, or data on costs of completed or under-development projects that are similar in terms of the type, size and characteristics, together with any modification or supplementation of other necessary expenses.
2. Total investment capital is all costs of investment in a projects which is specifically determined to ensure their conformity to the one-step or two-step design prescribed in clause 1 of Article 26 herein, and to other components of a feasibility study report of the project;
Total investment capital is composed of pre-investment costs; costs of purchase of property, houses and land; costs of input materials, accessories, machinery details and equipment costs; costs of personnel wages and salaries; consultancy costs; contingent costs for any additional workload and price slippage; management costs and other cost elements.
3. Costs incurred from total investment capital shall be composed of the followings:
a) Pre-investment costs;
b) Costs incurred from purchase of property, houses and land;
c) Costs incurred from input materials, accessories or machinery details used for execution of projects;
d) Equipment costs, including costs incurred from purchase of equipment and technological equipment, training and technology transfer costs (if any), installation, testing, calibration and other associated costs;
dd) Costs incurred from wages and salaries paid staff and workers for execution of projects;
e) Transportation and insurance costs; taxes, fees and other associated costs;
g) Consultancy costs, including costs of survey consultancy, preparation of pre-feasibility study reports, investment policy recommendation reports, feasibility study reports; design, supervisory and other related consultancy costs (if any);
h) Contingent costs, including provisions for additional workload and price slippage factors during the period of execution of projects;
i) Management costs and other cost elements.
4. Regulatory authorities assigned state management of sectors and industries shall specify standards, norms, details and methods of valuation of costs which serve as a basis to determine total investment in projects in the sectors or industries under their remit.
5. Methods for valuation of specific costs constituting total project investment capital shall be described as follows:
a) Costs of purchase of property, houses and land shall be determined on the basis of size, capacity or operational capability thereof according to fundamental designs, and aligned with the time of formulation of the proposal for total investment capital and project sites;
b) Costs of input materials, accessories and machinery details (if any) for project implementation purposes which are calculated according to the quantity and quality requirements and at market prices;
c) Equipment costs shall be determined on the basis of the quantity, types of equipment, or costs of equipment systems shall be determined according to the selected technological, engineering and equipment plan, market prices and other associated costs;
d) Costs of wages and salaries shall be determined on the basis of normative and employee pay standards prescribed in law;
dd) Transportation, insurance, taxes and other associated costs shall be determined according to laws and at the prices of transportation fares;
e) Consultancy costs shall be determined on the basis of consultancy services for similar projects which have already been rendered, or determined by estimating specific consultancy costs according to norms (if any) or at market prices;
g) Contingent costs of additional workload and price slippage likely to occur during the period of implementation of projects shall be determined according to the percent (%) ratio of these costs to total investment capital and specific cost elements prescribed in clause 3 of this Article;
h) Management and other costs shall be determined according to laws and characteristics and organizational forms of projects.
Article 28. Components and determination of project cost estimates
1. A project cost estimate is all costs necessary for implementation of the project which are determined at the stage of implementation of projects according to feasibility study reports of projects and approved project designs; other requirements of work items to be done.
2. Components of a project cost estimate are all costs specified in clause 3 of Article 27 herein.
3. Project cost estimate shall be made on the basis of calculation of the costs prescribed in clause 3 of Article 27 herein at the time of formulation of such estimate and according to regulations on standards, norms and methods adopted by competent authorities.
Article 29. Authority to appraise and approve project designs and estimates
1. For projects under the control of ministries or central regulatory bodies, competent units assigned these tasks by ministries or central regulatory bodies shall preside over the appraisal of project designs and investment cost estimates, and submitting them to authorities having competence in making investment decisions to seek their approval of projects designed according to the one-step process. Project owners shall approve detailed designs and estimates in case of carrying out the two-step design process. Approval of detailed designs and estimates shall be granted in a manner of concurrence and non-separation of detailed designs from estimates.
2. For projects under the control of provincial-level People’s Committees, competent units assigned these tasks shall preside over or cooperate with specialized departments in the appraisal of project designs and investment cost estimates, and submitting them to Presidents of provincial-level People’s Committees or agencies authorized or mandated to make investment decisions to seek their approval of projects designed according to the one-step process. Project owners shall approve detailed designs and estimates in case of carrying out the two-step design process. Approval of detailed designs and estimates shall be granted in a manner of concurrence and non-separation of detailed designs from estimates.
3. For projects under the control of district or commune-level People’s Committees and those projects obtaining investment decisions made under authorization or mandate by provincial-level People’s Committees, competent units assigned these tasks under the authority of district or commune-level People’s Committees shall preside over or cooperate with specialized departments in the appraisal of project designs and investment cost estimates, and submitting them to Presidents of People’s Committees at the same level to seek their approval of projects designed according to the one-step process. Project owners shall approve detailed designs and estimates in case of carrying out the two-step design process. Approval of detailed designs and estimates shall be granted in a manner of concurrence and non-separation of detailed designs from estimates.
1. Project owners send project design and cost estimate documents, and authorize competent units assigned these tasks to carry out the appraisal according to the subject matters specified in Article 31 herein.
2. Competent units assigned the task of appraisal shall preside over or cooperate with related agencies in carrying out the appraisal of elements of project designs or cost estimates specified in Article 26 and 28 herein. In order to carry out the appraisal, authorities presiding over appraisal may hire independent qualified entities or persons to take part in the appraisal of specific parts of project designs or cost estimates serving their appraisal purposes.
3. Time limits for appraisal of project designs or cost estimates by authorities presiding over such appraisal from the date of receipt of full and valid required documents shall be as follows:
c) Group-A public investment projects: Not exceeding 40 days;
b) Group-B public investment projects: Not exceeding 30 days;
c) Group-C public investment projects: Not exceeding 20 days.
Article 31. Subject matters of appraisal and approval of project designs and cost estimates
1. Subject matters of appraisal of project designs and cost estimates shall include those specified in Article 26 and 28 herein and others prescribed in clause 2 of this Article.
2. Information shown in the approval of project designs and cost estimates, including:
a) General information about the project: Project title and items (specifying the project group); project owner, design contractor; project site (if any);
b) Scale, technology, technical parameters, main economic and engineering indicators of the project;
c) Main applicable national technical regulations and standards;
d) Main design solutions of specific project items and the entire project;
dd) Investment cost estimate;
e) Compulsory requirements concerning completion of supplementation of design documentation and other relevant matters (if any).
3. Time limits for the approval of project designs and cost estimates: Authorities having competence in making investment decisions shall approve project designs and cost estimates from the date of receipt of full and valid documents as follows:
c) Group-A public investment projects: Not exceeding 15 days;
b) Group-B public investment projects: Not exceeding 10 days;
c) Group-C public investment projects: Not exceeding 5 days.
Article 32. Documentation requirements for appraisal of project designs and cost estimates
1. Application or request forms for appraisal of project designs.
2. Interpretations about project designs, design drawings (if any) and other relevant survey documents.
3. Copies of investment policy decisions for projects (except those not subject to requirements concerning approval of investment policy decisions as provided in clause 6 of Article 18 in the Law on Public Investment) and investment decisions, enclosing the approved design documentation.
4. General reports of project owners on conformance of design documentation to regulations in force.
5. Project investment estimates.
Article 33. Commissioning and operation of projects
1. A project shall be brought into operation after completion of investment according to the approved design, and if they have already operated according to technical requirements and have already met quality standards after commissioning or acceptance testing.
2. Depending on particular conditions of each project, each project item, subproject or the entire completed project may be transferred for operational operation and commercial uses.
3. Records or reports on commissioning or acceptance testing of specific project items, subprojects or the entire completed project shall serve as a basis in order for project owners to bring a project into operation and settle all investment costs accrued from the completed entire project in accordance with regulations in force.
4. All completed projects shall be subject to the requirement for discharge of all financial obligations arising therefrom in accordance with regulations in force.
5. Project transfer documents shall be comprised of project finalization documents, operational guides or manuals, and project maintenance terms and conditions.
6. Investment documentation must be deposited in accordance with legislative laws on state archives.
Article 34. Termination of investment in public investment projects
1. Investment in a public investment project shall be ended when the project owner is already given the project transfer, and upon expiration of the project warranty term.
2. Before transfer of a public investment project, the contractor must move all of their property (if any) out of the project site.
1. After receipt of the transferred project, the project owner or the entity assigned to manage the project shall be responsible for operating and exploiting it to ensure its performance and efficiency according to the approved socio-engineering purposes and indicators.
2. The project owner or entity assigned to manage the project shall be responsible for carrying out maintenance, repair and care of the project in accordance with regulations in force.
1. Based on the Prime Minister’s regulations and the Ministry of Planning and Investment's guidelines prescribed in Article 55 in the Law on Public Investment, Ministries, central regulatory authorities and provincial-level People’s Committees shall instruct state regulatory authorities or public service units using legitimate revenues retained for investment purposes to formulate midterm investment plans, sending reports to Ministries, central regulatory bodies and People’s Committees at the directly supervisory level so that they are synthesized into a general report for submission to the Ministry of Planning and Investment and the Ministry of Finance for their monitoring tasks.
2. State regulatory authorities and public service units shall formulate midterm plans for investment of legitimate revenues retained by state regulatory authorities and public service units for investment purposes, including the following components:
a) Assessment of situations and results of implementation of the previous midterm public investment plan;
b) Objectives and guidelines about the structure of investment in the following midterm investment plan;
c) Capabilities of calling for and balancing legitimate revenues retained by state regulatory bodies and public service units for investment purposes; proposed total investment capital necessary for fulfillment of objectives and tasks, including capital necessary for fulfillment of the tasks of investment preparation, project execution, reimbursement of prepaid payments, repayment of borrowed funds by payment due dates;
d) Total investment capital specified in midterm investment plans of state regulatory bodies and public service units under their jurisdiction. This section must clarify amounts of capital of central regulatory bodies and public service units;
dd) Principles and criteria for allocation of capital according to the midterm public investment plan;
e) List of investment projects arranged in priority order decided according to capital balancing capacity and project execution progress;
g) Expected results achieved.
1. Based on the Prime Minister’s regulations and the Ministry of Planning and Investment's guidelines prescribed in Article 56 in the Law on Public Investment, Ministries, central regulatory authorities and provincial-level People’s Committees shall instruct state regulatory authorities or public service units using legitimate revenues retained for investment purposes to prepare annual investment plans for submission to Ministries, central regulatory bodies and People’s Committees at the directly supervisory level to seek their approval decisions. Components of the report on the annual plan for investment of legitimate revenues retained for investment purposes shall be subject to regulations laid down in Article 50 in the Law on Public Investment;
Ministries, central regulatory authorities and provincial-level People’s Committees shall be responsible for synthesizing annual plans for investment of legitimate revenues that state regulatory authorities and public service units retain for use in investment activities into a general report submitted to the Ministry of Planning and Investment and the Ministry of Finance by July 31 in the year preceding the planning year for them to perform monitoring tasks.
2. Ministers, Heads of central regulatory authorities and People’s Committees at any relevant level may establish Assessment Councils or authorize authorities specialized in management of public investment activities to carry out the assessment of reports on annual investment plans of state regulatory authorities and public service units;
3. Based on assessment opinions stipulated in clause 2 of this Article, state regulatory bodies and public service units shall complete reports on annual investment plans; submitting them to ministries, central regulatory bodies and People’s Committees at any relevant level to seek their approval decisions.
4. Ministers, heads of central regulatory bodies and Presidents of People’s Committees at any relevant level shall make their decisions to approve or assign tasks of annual plans for investment of legitimate revenues retained by state regulatory authorities and public service units for use in investment activities, including total investment capital and investment portfolio; make their decisions to adjust annual investment plans whenever needed in order to ensure their relevance to actual capabilities in accordance with laws on public investment and other relevant laws.
5. Ministries, central regulatory authorities and provincial-level People’s Committees shall synthesize detailed alternatives for assignment of tasks of annual plans for investment of legitimate revenues that state regulatory authorities and public service units retain for use in investment activities into a general report submitted to the Ministry of Planning and Investment and the Ministry of Finance by December 31 in the year preceding the planning year.
1. Components of reports on midterm public investment plans to make equity contributions to charter capital and offset preferential lending interest rates and management fees of policy banks:
a) Assessment of situations and results of implementation of previous plans for investment of credit funds and policy credit funds of policy banks;
b) Socio-economic development objectives; developmental orientation, policy credit program assigned by the state, developmental strategies of policy banks in the medium term, and expected preferential credit plans in the next period;
c) Capabilities of mobilizing capital and balancing funding sources for the purposes of realizing investment or policy credit in the medium term;
d) Total capital specified in midterm plans for investment of state budget capital, including charter capital and capital used for offsetting preferential lending interest rates and management fees of policy banks in the previous period;
dd) Principles and criteria for distribution of total capital of midterm public investment plans used for making contributions to charter capital or offsetting preferential lending interest rates and management fees;
e) Tasks of carrying out investment or policy credit facilities assigned by the state in the medium term to ensure relevance to capabilities of balancing public investment capital and mobilizing other legitimate funds to fulfill planned objectives and tasks;
g) Measures for administration and implementation of the plans, and expected outcomes.
2. Policy banks shall prepare a general report on proposed midterm public investment plans to make equity contributions to charter capital and offset preferential lending interest rates and management fees. The report must contain those components specified in clause 1 of this Article and must be then submitted to the Ministry of Planning and Investment, and the Ministry of Finance.
3. Processes for formulation, assessment, approval and assignment of tasks of midterm public investment plans to make equity contributions to charter capital and offset preferential lending interest rates and management fees of policy banks shall be subject to regulations laid down in clause 8 and 9 of Article 55 and Article 60 in the Law on Public Investment.
1. Components of reports on annual public investment plans to make equity contributions to charter capital and offset preferential lending interest rates and management fees of policy banks:
a) Situations and results of the implementation of the previous year's investment or policy credit plans;
b) Situations of the implementation of the previous year's public investment plans of policy banks;
c) Midterm public investment plans to make equity contributions to charter capital and offset preferential lending interest rates and management fees of policy banks;
d) Developmental orientations and strategies of policy banks in the planning year;
dd) Proposed preferential credit capital plans;
e) Tasks to be performed in the planning year which are relevant to capabilities of balancing public investment capital and mobilizing other legitimate funds;
g) Demands for state budget capital in the planning year;
h) Measures for administration and implementation, and expected outcomes, of plans.
2. Policy banks shall prepare a general report on proposed annual public investment plans to make equity contributions to charter capital and offset preferential lending interest rates and management fees. The report must contain those components specified in clause 1 of this Article and must be then submitted to the Ministry of Planning and Investment, and the Ministry of Finance.
3. Processes for formulation, assessment, approval and assignment of tasks of annual public investment plans to make equity contributions to charter capital and offset preferential lending interest rates and management fees of policy banks shall be subject to regulations laid down in Article 56 and 61 in the Law on Public Investment.
Article 40. Grant of capital used for offsetting interest rates of commercial banks
1. State Bank of Vietnam shall be responsible for consolidating demands for capital used for offsetting interest rates of commercial banks carrying out policies approved by competent authorities according to midterm and annual public investment plans, preparing a general report for submission to the Ministry of Planning and Investment and the Ministry of Finance.
2. Processes for formulation and assessment of midterm and annual public investment plans submitted by the State Bank of Vietnam shall be subject to regulations laid down in Article 55 and 56 in the Law on Public Investment.
1. Components of reports on implementation of midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds:
a) Situations and results of management and use of charter capital of state off-budgetary financial funds in the previous plan;
b) Developmental orientation, objectives and missions of strategies and plans for socio-economic development and development of related industries and sectors;
c) Scale of charter capital of funds, assessment of necessity and significance of capital contribution to charter capital of state off-budget financial funds;
d) Estimated total capital and structure of resources, mobilization of other lawful capital sources used for making capital contributions to charter capital of state off-budget financial funds;
dd) Preliminary analysis and evaluation of impacts and effects on sectors or industries upon receipt of capital contribution to charter capital and measurement of socio-economic effectiveness;
e) Measures for implementation of plans and expected outcomes.
2. Processes for preparation of reports on implementation of midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds:
a) Based on the Prime Minister’s regulations, and the Ministry of Planning and Investment’s guidelines, prescribed in Article 55 in the Law on Public Investment, state off-budgetary financial funds shall prepare midterm public investment plans to make equity contributions to charter capital and report to specialized public investment agencies under the control of ministries, central and local regulatory bodies assigned as host units having authority over state off-budgetary financial funds to seek their approval decisions; b) Specialized public investment authorities affiliated to ministries, central or local regulatory bodies shall be responsible for completing reports on midterm public investment plans to make capital contributions to charter capital of state off-budgetary financial funds under their direct authority. These reports must contain components specified in clause 1 of this Article, must be integrated into midterm public investment plans of ministries, central or local regulatory authorities which are then submitted to the Ministry of Planning and Investment, and the Ministry of Finance.
3. Processes for formulation and assessment of midterm public investment plans to make equity contributions to charter capital of state off-budgetary financial funds shall be subject to Article 55 in the Law on Public Investment.
1. Components of reports on implementation of annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds:
a) Situations and results of management and use of charter capital in the year preceding the planning year by state off-budget financial funds;
b) Planning year's developmental orientation towards capital contribution to charter capital, and demands for charter capital of state off-budget financial funds;
c) Proposed total capital and structure of resources, and mobilization of other legitimate capital for capital contributions to charter capital;
d) Preliminary analysis and evaluation of impacts and effects on sectors or industries upon receipt of capital contributions to charter capital and measurement of socio-economic effectiveness of investment;
dd) Measures for administration, implementation of plans and expected outcomes.
2. Processes for reporting on annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds:
a) Based on midterm public investment plans approved by competent authorities, the Prime Minister’s regulations, and the Ministry of Planning and Investment’s guidelines, prescribed in Article 56 in the Law on Public Investment, state off-budgetary financial funds shall prepare annual public investment plans to make equity contributions to charter capital and report to specialized public investment authorities under the control of ministries, central and local regulatory bodies assigned as host units having authority over state off-budgetary financial funds to seek their approval decisions;
b) Specialized public investment authorities affiliated to ministries, central or local regulatory bodies shall be responsible for completing reports on annual public investment plans to make capital contributions to charter capital of state off-budgetary financial funds under their direct authority. These reports must contain those components specified in clause 1 of this Article, must be integrated into annual public investment plans of ministries, central or local regulatory authorities which are then submitted to the Ministry of Planning and Investment, and the Ministry of Finance.
3. Processes for formulation and assessment of annual public investment plans to make equity contributions to charter capital of state off-budgetary financial funds shall be subject to Article 56 in the Law on Public Investment.
1. Based on tasks assigned by competent authorities, ministries, central or local regulatory authorities shall take charge of formulating, assessing and submitting to the Prime Minister to seek his approval of policies, including support mechanisms for use of public investment capital applicable to policy beneficiaries.
2. Processes for formulation and assessment of midterm and annual public investment plans to provide investment support for policy beneficiaries under the Prime Minister's decisions:
a) Based on the Prime Minister’s regulations, and the Ministry of Planning and Investment’s guidelines, prescribed in Article 55 and 56 in the Law on Public Investment, authorities presiding over carrying out policies shall prepare midterm and annual public investment plans to provide investment support for policy beneficiaries under the Prime Minister’s decisions, and reporting to competent authorities to consider submitting them to the Ministry of Planning and Investment, and the Ministry of Finance, to seek their approval decisions;
b) Processes for formulation and assessment of midterm and annual public investment plans to provide investment support for policy beneficiaries under the Prime Minister's decisions shall be subject to regulations laid down in Article 55 and 56 in the Law on Public Investment.
IMPLEMENTATION, MONITORING, INSPECTION AND EVALUATION OF IMPLEMENTATION OF PUBLIC INVESTMENT PLANS
1. Ministries, central or local regulatory authorities shall be responsible for completing the detailed allocation of annual expenditures of the central government’s budget, list and rates of funds that specific projects allocate to their directly affiliated agencies or units, and inferior People’s Committees, by December 31 in the year preceding the planning year; reporting to the Ministry of Planning and Investment, and the Ministry of Finance, on results of such detailed budget allocation by January 10 in the planning year.
2. The Ministry of Planning and Investment shall be authorized to review reports on the detailed allocation of the state budget’s expenditures on public investment plans submitted by ministries, central and local regulatory bodies. In case of detecting that total investment capital allocation and details of such allocation by assigned activities and tasks included in plans for investment of the state budget’s capital are not correct; such allocation fails to meet the requirements prescribed in the law on public investment, allocatees may give their written feedbacks to ministries, central agencies and localities within the maximum15-day duration after receipt of allocation reports from ministries, central or local agencies, and sending carbon copies thereof to the Ministry of Finance and the State Treasury for payment control purposes.
3. In case where ministries, central or local regulatory bodies do not fully allocate the assigned budget, the Ministry of Planning and Investment shall be responsible for generating general reconciliation reports to competent authorities for their consideration, decision on withdrawal of remaining amounts or transfer thereof to other ministries, central or local regulatory bodies in need before June 30 of the budget year.
4. Ministers or heads of central or local regulatory bodies shall be responsible for leading and directing solutions to accelerating the progress in disbursement of the annual public investment budget, ensuring the full disbursement of capital according to the budget assigned under regulations of the Law on Public Investment.
By January 31 of the outyear, if ministries, central or local regulatory bodies fail to fully disburse the budget specified in annually assigned public investment plans without force majeure events that giving grounds for extension of implementation and disbursement in accordance with the provisions of this Decree, the Ministry of Planning and Investment shall be responsible for sending reconciliation reports to competent authorities for their consideration and decision on the reduction in allocation of the central government’s budget expenditures in midterm public investment plans to ministries, central or local regulatory bodies in proportion to the amounts that are not fully disbursed, the amounts in the plans of which implementation and disbursement durations must not be extended, or the amounts for which budgets have been revoked according to the provisions of the State Budget Law.
5. In the process of administering midterm public investment plans, competent authorities shall consider and decide the allocation of capital funded by contingent expenditures, increased revenue, reduced payments, and annual central budget accruals for implementation of public investment projects. Prior to July 31 of the fifth year in the midterm public investment plan, the Ministry of Planning and Investment shall take charge of preparing reconciliation reports on use of the state budget’s allocations from contingent expenditures, increased revenues, reduced payments or annual state budget accruals for implementation of public investment projects during the period of implementation of midterm public investment plans for submission to the Government.
1. Ministries, central regulatory authorities and provincial-level People’s Committees shall prepare detailed reports on review of implementation and disbursement of capital for implementation of midterm and annual public investment plans for submission to the Ministry of Planning and Investment, and the Ministry of Finance as follows:
a) By July 31 in the third year of the midterm public investment plan, they must prepare and submit midterm review and reconciliation reports on implementation and disbursement of capital for implementation of the midterm public investment plan till the end of the second quarter of the third year of the midterm public investment plan;
a) By July 31 in the fifth year of the midterm public investment plan, they must prepare and submit review and reconciliation reports on forecast for implementation and disbursement of capital for implementation of the midterm public investment plan till the final year of the midterm public investment plan;
c) They must prepare and submit review and reconciliation reports on implementation and disbursement of capital for implementation of annual public investment plans as follows:
- By the 15th day of each month, review and reconciliation reports on forecast for disbursement of investment funds in the entire month and on results of disbursement in the preceding month must be prepared and submitted;
- By the 10th day of the first month of every quarter, review and reconciliation reports on results of disbursements in the previous quarter must be prepared and submitted;
- By July 10 of the budget year, detailed reports on accrued disbursements for projects in the first 6 months of the budget year must be prepared and submitted.
- By February 28 in the outyear, detailed reports on reconciliation of actually disbursed funds for projects in the budget year and capital amounts for those projects in which implementation and disbursement durations may be extended to the outyear must be prepared and submitted;
In particular, reports on public investment budgets for national target programs shall only need to clarify total capital invested in specific programs;
d) They must prepare and submit review reports on adjustments in annual public investment plans to invest the central government's budget capital inside ministries, central or local regulatory authorities promptly after receipt of adjustment decisions;
dd) They must provide other information necessary for formulation, monitoring and evaluation of midterm and annual public investment plans of the nation, Ministries, central and local regulatory authorities;
e) The Ministry of Finance shall regulate reporting regimes and samples for review and reconciliation of implementation and disbursement of capital for implementation of midterm and annual public investment plans.
2. The Ministry of Finance shall submit periodic reports to the Prime Minister and then sending carbon copies thereof to the Ministry of Planning and Investment, including:
a) Monthly, quarterly, yearly, mid-term and entire 5-year periodic reports on review of disbursement of the state budget’s capital for implementation of midterm and annual public investment plans;
b) Reports made on a periodic, 6-month, annual, mid-term and entire 5-year periods, detailing the disbursement of the central government’s budget capital for implementation of public investment projects. In particular, reports on public investment budgets for national target programs shall only need to clarify total capital invested in specific programs.
3. The Ministry of Finance, and the Ministry of Planning and Investment, shall publicize information about the monthly disbursement of the state budget's public investment capital of ministries, central and local regulatory authorities via the mass media.
4. The reporting on the situations of implementation of annual and midterm public investment plans by local sectors and authorities at all levels shall adhere to the following provisions:
a) Specialized investment authorities shall appeal to provincial-level People's Committees to promulgate regulations on reporting, provision of information and time limits for reporting of annual and midterm public investment plans of departments, agencies and lower-level People's Committees in compliance with the regulations on monitoring and evaluation of plans, programs and projects using midterm and annual public investment capital in the Law on Public Investment, the provisions of this Decree and requirements concerning management and administration of local public investment plans;
b) Departments, agencies, affiliates and inferior-level People’s Committees shall carry out reporting regimes and provide information in accordance with regulations laid down in point a of this clause.
1. Ministers, heads of central regulatory authorities and provincial-level People's Committees shall take into consideration the necessity and requirements of the progress in implementation and disbursement of capital for implementation of projects, assigning specialized public investment authorities to review and propose approaches to adjusting annual and midterm plans for investment of the central government’s budget capital of agencies or localities under their jurisdiction, and submitting them to competent authorities to seek their approval in accordance with regulations laid down in Article 67 in the Law on Public Investment.
2. All-level People's Committees shall take into consideration the necessity and requirements of the progress in implementation and disbursement of capital for implementation of projects, assigning specialized public investment authorities to review and propose approaches to adjusting annual and midterm plans for investment of the local government’s budget capital within their remit, and submitting them to competent authorities to seek their approval in accordance with regulations laid down in Article 67 in the Law on Public Investment.
3. Deadline for adjustment in annual plans for investment of the state budget's capital for implementation of intra-corporate projects of ministries, central and local regulatory authorities shall be prior to November 15 in the budget year.
Article 47. Advance on public investment budget
1. In case of the urgent needs for capital to accelerate the implementation of public investment plans, ministries, central and local regulatory authorities shall report to competent authorities under the provisions of the State Budget Law to seek their consent to advance on the outyear's public investment budget for implementation of public investment projects on the list of midterm public investment plans approved by competent authorities.
2. Advance amounts shall be subject to laws on state budget, not exceeding the maximum midterm budget for public investment projects.
1. The Prime Minister and the provincial-level People’s Councils shall decide whether extension of time limits for implementation and disbursement of the annual public investment budget for implementation of public investment plans is granted to the central government’s budget and the local government’s budget, respectively, but not later than December 31 of the outyear in the following situations:
a) Public investment projects of national significance;
b) Compensation, support, resettlement and site clearance projects;
c) Projects allocated the budget for completion and operation thereof in the budget year, but not allocated the outyear’s budget;
d) Projects receiving the additional investment budget from the sources of increased revenues, expenditure savings, state budget balance or annual state budget reserve that has not yet obtained authorization by competent authorities for disbursement in the outyear;
dd) Projects with their implementation progress affected due to natural disasters, catastrophic events, epidemics or other objective causes which are not foreseeable and recoverable despite all necessary measures to be applied and all allowable capacity to be used;
e) Projects of Vietnamese representative missions and other agencies in foreign countries;
g) Ministries, central and local regulatory authorities that only have 1 project in the plan year or cannot make any adjustment in their plans.
2. Based on the proposal for extension of time limits for the implementation and disbursement of the central government’s budget capital submitted by ministries, central and local regulatory authorities, the Ministry of Planning and Investment shall lead and cooperate with the Ministry of Finance in submission of reports and recommendations to the Prime Minister to seek his approval.
Article 49. Principles for monitoring and evaluation of public investment plans
1. Principles for monitoring of public investment plans:
a) Systematically monitoring and updating information and data related to the conduct of implementation of public investment plans, including monitoring programs and projects specified in approved public investment plans;
b) Ensuring accurate, complete and truthful reflection of information, data, situations and results of implementation of public investment plans.
2. Principles for evaluation of public investment plans:
a) Evaluation shall be based on objectives and missions of public investment plans approved by competent authorities;
b) Evaluation of socio-economic efficiency shall be carried out to ensure conformity to the objectives set out in the investment policy decisions and investment decisions on public investment programs or projects;
c) Evaluation must ensure objectivity, public disclosure, transparency and improved accountability during the period of evaluation of public investment plans;
d) Evaluation must ensure close cooperation with Vietnamese Fatherland Front Committees at all levels and residential communities during the process of evaluation of implementation of public investment plans.
Article 50. Monitoring, inspection and evaluation of implementation of public investment plans
1. Monitoring and inspection of public investment plans:
a) Monitor and inspect the formulation, appraisal, approval, assignment of tasks and implementation of public investment plans in compliance with Article 69 in the Law on Public Investment;
b) The Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Finance in guiding ministries, central and local regulatory authorities to monitor and examine annual and midterm public investment plans in accordance with laws on public investment;
c) Ministries, central and local regulatory authorities shall, based on the guidance of the Ministry of Planning and Investment, conduct the monitoring of the implementation of midterm and annual public investment plans, including details about the implementation and disbursement of funds for implementation of public investment projects specified in annual and midterm public investment plans of ministries, central and local regulatory authorities;
d) Provincial-level People’s Committees shall, based on the guidance of the Ministry of Planning and Investment, conduct and provide lower-level departments, sectors and People’s Committees with guidance on monitoring of the implementation of midterm and annual public investment plans, including details about the implementation and disbursement of funds for implementation of public investment projects specified in local annual and midterm public investment plans;
dd) The Ministry of Finance shall be responsible for monitoring and preparing general review reports on the disbursement of funds for implementation of public investment projects using the state budget capital.
2. Evaluating the implementation of public investment plans:
a) Ministries, central regulatory authorities and provincial-level People’s Committees shall carry out the evaluation of the implementation of midterm and annual public investment plans, according to regulations laid down in Article 70 in the Law on Public Investment; prepare review reports on implementation, results achieved from such implementation, unsolved issues and restrictions arising from midterm and annual public investment plans for submission to the Ministry of Planning and Investment;
b) The Ministry of Planning and Investment shall lead and cooperate with relevant authorities in reporting to the Prime Minister on the followings: Evaluation of the implementation of midterm public investment plans in the middle period in the third year of a midterm public investment plan and in the entire period in the final year of implementation of a midterm public investment plan; evaluation of the implementation of an annual public investment plan in September each year and before March 31 of the following year;
c) All-level People’s Committees shall conduct the evaluation of the implementation of public investment plans following instructions given by the Ministry of Planning and Investment, and provincial-level People’s Committees.
Article 51. National communication system and database regarding public investment activities
1. General use regulations:
a) Data and information acquired and stored in the national database of public investment activities shall be data, information and original materials of public investment programs and projects. In case the hardcopy data and online ones posted on the national system are different, the information recorded in the system shall be deemed as a basis to formulate, assess and assign tasks of midterm and annual public investment plans;
b) Public investment projects shall not have access to disbursements in the absence of the schedule and data on assignment of tasks of annual public investment plans on the system;
c) Organizations and individuals using the system shall be responsible for the accuracy of the updated data of each authority on the system;
d) Organizations and individuals using the system must use the Government’s specialized digital signatures for uploading reports on the system;
dd) Regulations laid down in this Article shall not be applied to projects subject to the state secret requirement.
2. Regulations on accounts used for logging in the system:
a) Log-in accounts must be managed in a concentrated manner on the system developed by the Ministry of Planning and Investment;
b) Entities and persons participating in or involved in public investment, management and use of public investment capital shall be eligible for signing up for access to the system. The Ministry of Planning and Investment shall grant accounts based on registration information, and functions or missions of persons and entities joining the system;
c) Ministries, central and local regulatory authorities shall be granted accounts to have access to the system to monitor and update information on their public investment programs, projects and plans;
d) Application for registration for use of accounts to have access to the system shall be submitted online on the system at the website address https://taikhoan.mpi.gov.vn. Information must be updated to grant permission for registration of use of accounts shall include:
- Information of the authorized individual account user: full name, old or new ID card number; mobile number; email address;
- Information about the institutional account user: Name of the institution; information about the institution’s head: full name, old or new ID card number, mobile number, email address; photocopy of the decision on establishment of the institution;
dd) Main accounts of Ministries, central and local regulatory authorities shall be used for verifying account sign-up information of project or program regulatory authorities, owners and management units under their control;
e) Users must change their first passwords within 1 day of successful registration of their accounts. They shall be prohibited from disclosing their passwords to any person unauthorized for access to or input of updated information on the system. In case of changing the account user, the account recipient must change their password and information about the person authorized to manage and use the account on the system.
3. Procedures and processes required on the system shall comprise the followings:
a) Design, assess, assign tasks and make adjustment of midterm public investment plans;
b) Design, assign tasks and make adjustment of annual public investment plans;
c) Make review reports on implementation of public investment plans;
d) Monitor and evaluate public investment programs and projects;
dd) Manage, store and public disclose data in accordance with regulations in force.
4. Regulations on the formulation, assessment and assignment of tasks of midterm public investment plans for use of the central government’s budget capital on the system
a) The Ministry of Planning and Investment shall announce the total estimated capital amount of ministries, central and local regulatory authorities as a basis to assess capital sources and the capacity to balance capital and decide on investment policies for public investment projects and projects in the following period as prescribed in clause 2 of Article 55 in the Law on Public Investment on the system;
b) Ministries, central regulatory authorities and provincial-level People's Committees shall prepare and finalize midterm public investment plans according to clause 4 and 5 of Article 55 in the Law on Public Investment, and send them to the Ministry of Planning and Investment through the system;
c) By the end of January 31 of the fifth year of the previous midterm public investment plan, based on data that ministries, central and local regulatory authorities upload on the system, the Ministry of Planning and Investment shall close the system, carrying out the appraisal of plans for allocation of the central government’s budget capital for implementation of midterm public investment plans of ministries, central and local regulatory authorities according to regulations in force. During the appraisal process, the data shall be sent back to ministries, central and local regulatory authorities for the purposes of completing and returning to the Ministry of Planning and Investment through the system;
d) Based on the appraisal opinions of the Ministry of Planning and Investment, ministries, central and local regulatory authorities shall finalize midterm public investment plans in the subsequent period and return them to the Ministry of Planning and Investment via the system;
dd) Based on the completed plans of ministries, central and local regulatory authorities on the system, the Ministry of Planning and Investment shall submit general reports on national midterm public investment plans to the Government;
e) The Ministry of Planning and Investment shall be responsible for sending notifications to ministries, central and local regulatory authorities about midterm public investment plans after receipt of the Prime Minister’s authorization through the system.
5. Regulations on assignment of tasks of midterm public investment plans using the local government’s budget capital on the systems of the People's Committees at all levels shall be responsible for authorizing their public investment management authorities under their jurisdiction to manage and update the project portfolios and capital amounts on the system within 14 days from the date of authorization of midterm public investment plans using the local government’s budget capital.
6. Regulations on the revision of midterm public investment plans for use of the central government’s budget capital on the system:
a) When wishing to adjust any midterm public investment plan for use of the central government’s budget capital, ministries, central and local regulatory authorities shall make reports on the situations of implementation thereof and post updated recommendations about any possible adjustments and send them all to the Ministry of Planning and Investment through the system;
b) The Ministry of Planning and Investment shall make the assessment of midterm public investment plans for use of the central government’s budget capital of ministries, central and local regulatory authorities on the system and then sending assessment reports to competent authorities to seek their decisions;
c) After receipt of competent authorities’ decisions on revision of midterm public investment plans for use of the central government’s budget capital of ministries, central and local regulatory authorities, the Ministry of Planning and Investment shall be responsible for sending notifications and providing updated data about such revision through the system.
7. Regulations on the revision of midterm public investment plans for use of the local government’s budget capital on local authorities’ systems
The People's Committees at all levels shall be responsible for authorizing their public investment management authorities under their jurisdiction to give updates on the revision of midterm public investment plans for use of the local government’s budget capital on the system within 07 days of receipt of revision decisions.
8. Regulations on the formulation and assignment of tasks of midterm public investment plans for use of the local government’s budget capital on the system
a) The Ministry of Planning and Investment shall issue notifications about the estimated allocations of the central government’s budget capital to Ministries, central and local regulatory authorities for implementation of the subsequent year’s public investment plans according to regulations laid down in clause 7 of Article 56 in the Law on Public Investment on the system;
b) Ministries, central and local regulatory authorities shall prepare annual public investment plans according to clause 6 and 8 of Article 56 in the Law on Public Investment on the system;
c) Based on plans for detailed allocation of the central government’s budget capital for implementation of public investment plans in the subsequent year, portfolio and allocated amounts used for implementation of specific projects of Ministries, central and local regulatory authorities, the Ministry of Planning and Investment shall prepare general reports for submission to the Government and then monitor implementation of these plans on the system.
9. Regulations on the formulation and assignment of tasks of annual public investment plans for use of the local government’s budget capital on the system
Based on annual public investment plans for use of the local government’s budget approved by competent authorities, the People's Committees at all levels shall take charge of the formulation and assignment of tasks of annual public investment plans for use of the local government’s budget on the system.
10. Regulations on the revision of annual public investment plans for use of the local government’s budget capital on the system
a) With respect to the revision of annual public investment plans for use of the central government’s budget under the authority of ministers, heads of central regulatory authorities and Presidents of provincial-level People’s Committees: After deciding on the revision of public investment plans, ministries, central and local regulatory authorities shall provide updated data on any adjustment on the system within 07 days of receipt of revision decisions;
b) With respect to the revision of annual public investment plans for use of the central government’s budget under the authority of the National Assembly or the National Assembly’s Standing Committee:
- When wishing to adjust any midterm public investment plan, ministries, central and local regulatory authorities shall make reports on the situations of implementation thereof and post updated recommendations about any possible adjustments, and send them all to the Ministry of Planning and Investment through the system;
- The Ministry of Planning and Investment shall make a general report on recommendations about the revision of public investment plans of ministries, central and local regulatory authorities on the system and then sending them to competent authorities to seek their decisions;
- After receipt of competent authorities’ decisions on revision of public investment plans of ministries, central and local regulatory authorities, the Ministry of Planning and Investment shall be responsible for sending notifications and providing updated data about such revision through the system.
11. Regulations on the revision of annual public investment plans for use of the local government’s budget capital on the system
The People's Committees at all levels shall be responsible for authorizing their public investment management authorities under their jurisdiction to give updates on the revision of annual public investment plans for use of the local government’s budget capital on the system within 07 days of receipt of revision decisions.
12. Making review reports on implementation of public investment plans
a) Owners of public investment projects funded by the state budget shall report on the codes of units having budgetary relationships with these projects (with respect to projects that have been codified and have not yet been updated on the system); data on implementation and disbursement of funds for implementation of plans for implementation of projects within the month (from the 15th of the previous month to the 14th of the month in the reporting period); colored scans of project documents, including decisions on investment policies and decisions on investment decisions and adjusted investment decisions (if updates have not yet been made on the system or new decisions are made) according to specific projects before the 18th of the month in the reporting period;
b) On a periodic basis, on the 22nd of every month, ministries, central and local regulatory authorities shall report on the system on consolidated data about the implementation and disbursement of funds for implementation of plans for public investment of the state budget (from 15th of the prior month to the 14th of the month in the reporting period) of ministries, central and local regulatory authorities, depending on each capital source; the evaluation of the implementation and disbursement of funds for implementation of plans for investment of the state budget; the analysis of the achieved results, unsolved issues, difficulties, challenges and causes; and recommended solutions.
13. Sharing and synchronizing data
a) The Ministry of Planning and Investment shall be responsible for sharing and synchronizing information about public investment plans authorized on the system with the TABMIS system or other application systems of the Ministry of Finance to provide midterm and annual public investment budgets for projects controlled and settled via the State Treasury in order to support the State Treasury's spending control;
b) The Ministry of Finance shall be responsible for sharing and synchronizing information about the disbursement of funds for specific projects controlled and settled through the State Treasury on the TABMIS system or other application systems of the Ministry of Finance with the system of the Ministry of Planning and Investment as a basis to report on implementation of public investment plans of ministries, central and local regulatory authorities.
Article 52. Transitional provisions
1. With respect to public investment projects that have obtained decisions on investment and use capital sources other than public investment capital, if they switch to public investment capital for implementation thereof, it shall be obliged to approve investment policy decisions and re-approve investment decisions in accordance with the Law on Public Investment and other relevant laws
2. Public investment projects which have received plans for investment of legitimate capital retained by state regulatory authorities or public service units for investment purposes under authorization of competent authorities shall continue to be carried out according to authorized plans. Public investment projects that have completed procedures for formulation and assessment thereof before the effective date of the Law on Public Investment No. 39/2019/QH14 shall be subject to regulations laid down in clause 3 of Article 101 in the Law on Public Investment No. 39/2019/QH14.
3. For midterm investment plans for the period of 2016-2020 and in 2020 for investment of capital from lawful revenues retained by state regulatory authorities and public service units for investment purposes, formulation, assessment, grant and modification of investment policy decisions; formulation, assessment, grant and modification of investment decisions for public investment programs and projects; formulation, assessment, approval, authorization and modification of midterm and annual investment budgets shall be subject to regulations laid down in the Law on Public Investment No. 39/2019/QH14 and this Decree.
1. This Decree shall enter into force from the signature date.
2. As for public investment projects without construction components, the formulation, assessment, approval and conduct of management of these projects shall be subject to regulations laid down herein and other relevant specialized laws.
3. Regulations laid down in clause 2 of Article 6, 46 and 47 in the Government’s Decree No. 73/2019/ND-CP dated September 5, 2019 on management of information technology application projects using the state budget capital shall be abolished.
4. With respect to information technology projects using the state budget capital, processes, procedures and documentation requirements for preparation, assessment and grant of investment decisions and conduct of management shall comply with regulations of the Government’s Decree No. 73/2019/ND-CP dated September 5, 2019 on management of information technology application projects using the state budget capital.
5. With regard to public investment programs and projects using ODA capital and preferential loans from foreign donors, regulations laid down in this Decree and the Government’s regulations on management and use of ODA capital and preferential loans from foreign donors shall be applied. In cases where there are different regulations on the matter, the Government’s regulations on management and use of ODA capital and preferential loans from foreign donors shall be applied.
6. Regulations laid down herein shall not be applied to those prescribed in clause 3 and 5 of Article 101 in the Law on Public Investment No. 39/2019/QH14.
Article 54. Implementation responsibilities
1. The Ministry of Planning and Investment shall provide instructions about implementation of regulations laid down in Article 51 herein.
2. Ministers, Heads of Ministry-level agencies, Heads of other central bodies, Presidents of People’s Committees of centrally-affiliated cities and provinces, and Heads of other entities concerned, shall be responsible for implementing this Decree./.
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Decree No. 40/2020/ND-CP dated April 6, 2020 providing details on the implementation of several Articles of the Law on Public Investment
- Số hiệu: 40/2020/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 06/04/2020
- Nơi ban hành: Chính phủ
- Người ký: Nguyễn Xuân Phúc
- Ngày công báo: Đang cập nhật
- Số công báo: Dữ liệu đang cập nhật
- Ngày hiệu lực: 06/04/2020
- Tình trạng hiệu lực: Còn hiệu lực