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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
431-TTg
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Hanoi,
August 07, 1995
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DECISION
ON
MANAGEMENT OF INVESTMENT AND CONSTRUCTION OF NATIONAL DEFENSE AND SECURITY
WORKS
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government on September 30,1992;
Pursuant to Decree No.177-CP on October 20,1994 of the Government on the
issuance of the Regulations on Management of Investment and Construction;
To manage closely and effectively the State's sources of investment capital for
national defense and security;
At the proposal of the Minister-Chairman of the State Planning Committee,
DECIDES:
Article 1.-
The management of investment and construction for national defense and security
must comply with the Regulations on Management of Investment and Construction
issued together with Decree No.177-CP on October 20,1994 of the Government
irrespective of the source of investment capital:
- The National Defense and
Security Budget,
- The concentrated investment
capital of the State budget, and
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Article 2.-
The management of investment and construction for national defense and security
has the following requirements:
1. Investment and construction
must comply with the plan already ratified.
2. Investment and construction
must suit the economic-social capability in each period and must serve the
targets and requirements of national defense and security.
3. Investment and construction
must closely combine the requirements of national defense and security and
economic-social development.
4. Investment and construction
must be kept secret.
The Ministry of Defense and the
Ministry of the Interior shall prepare a plan for the defense industry in the
direction laid down in Resolution 5-NQTW on July 20,1993 of the Political
Bureau on the system of airports, seaports, hospitals, storages, institutes,
schools..., and submit it to the Prime Minister for ratification, or they shall
be empowered by the Prime Minister to ratify it.
Article 3.-
On the State Budget investment capital for national defense and security:
1. The allocation of the State
budget's investment capital for national defense and security shall be
determined on the basis of:
- Suiting the capability of the
economy while meeting the requirements of national defense and security;
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2. Each year, the buget
allocations for national defense and security shall be made:
- To buy weapons and equipment,
- To build fortifications,
- To invest in technical
maintenance facilities (stations, workshops) of campaign level downwards,
- To build barracks and other
projects, hospitals, schools, research institutes, and information and liaison
system of campaign level downwards,
- A system of permament reserves
storages of campaign level downwards,
- Infrastructure projects for
the daily life of the units of the Army, Police, and Border Guards,
- Temporary detention buildings
at precinct and district level.
3. The investment capital
belonging to the State's concentrated budget (including capital for national
programs) shall be allocated:
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- For special plans and
projects:
+ Strategic reserves storages
(including national reserves storages for national defense and security).
+ Airports and seaports.
+ Infrastructure facilities
(electricity supply, water supply and drainage, inner roads...) at populated
areas, mountain areas and islands.
+ Information and liaison system
at strategic level.
- Institutes, schools, research
institutes at strategic level, and provincial military schools.
- Ministerial-level hospitals
and military hospitals at regional level.
- Physical culture and sports
centers, culture and arts centers, and museums at central level and a number of
areas.
- Office buildings of State
management agencies at central and provincial levels, the system of Courts, Military
Procuracies, and civil verdicts enforcement agencies of national defense,
security and border guard units.
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- The system of detention camps
and temporary detention camps.
- Economic production projects
and establishments of the armed forces.
4. The State Planning Committee
shall work with the Ministry of Finance, the Ministry of Defense and the
Ministry of the Interior in determining these sources of capital as a basis for
planning investment for defense and security construction, and submit it to the
Prime Minister for decision.
Article 4.-
Investment planning for defense and security projects (irrespective of the
source of capital) can be made only after the prodecure of investment and
construction management is completed as stipulated by Decree No.177-CP of
October 20,1994 of the Government.
In a special case, when the
procedure for capital construction investment is not yet completed, the project
concerned must be permitted by the Prime Minister for inclusion in the
investment plan.
Article 5.-
Evaluation of a project, and decision for investment:
The Prime Minister shall decide
whether or not to make the investment, or shall empower the Minister of Defense
or the Minister of the Interior to decide all plans and projects for defense
and security construction.
1. The Prime Minister shall
empower the Minister of Defense and the Minister of the Interior to decide
investment for the purchase of weapons and military equipment, and the
construction of projects with capital sources from the Defense and Security
Budget.
The Ministry of Defense and the
Ministry of the Interior shall draft the structure of investment for the
projects under their management, and shall work with the State Planning
Committee and the Ministry of Finance in elaborating the official
plan.
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- The plans and projects
invested by the economic, cultural, sports, health and social branches for
defense and security units shall be evaluated and decided for investment by the
authorized levels as stipulated by Decree No.177-CP of October 20,1994 of the
Government.
- With regard to the plans
and projects for the defense industry, strategic reserves storages, airports,
seaports, information and liaison system, institutes, military schools and
research institutes at strategic level, and office buildings:
+ The Minister of Defense and
the Minister of the Interior are empowered to decide investment for all plans
and projects with a total investment capital of 5 billion VND, and plans for
defense industry projects, airports and seaports with a total investment
capital of 25 billion VND.
+ The Prime Minister shall decide
investment or empower the Minister of Defense or the Minister of the Interior
to decide investment at the proposal of the Minister-Chairman of the State
Planning Committee for plans and projects with an investment capital of 5-50
billion VND.
+ The Prime Minister shall
decide investment for plans and projects with a total investment capital of
over 50 billion VND.
Article 6.- The
Minister of Defense and the Minister of the Interior shall evaluate and ratify
the technical design and the total estimated cost of a project.
Article 7.-
Implementation of projects:
- The Minister of Defense and
the Minister of the Interior shall decide the holding of biddings, select the
bidder, or appoint the bidder for the draft plans and projects undertaken with
the capital source of the Defence and Security Budget.
- All plans and projects with
the concentrated capital source of the State Budget and other capital sources
shall be undertaken according to Article 29 of the Regulations on Investment
and Construction Management issued together with Decree No.177-CP of October
20, 1994 of the Government.
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Article 8.-
Allocation and disbursement of capital and statement of accounts:
1. With regard to the plans and
projects belonging to the capital source of the Defense and Security Budget,
the Ministry of Finance shall make allocations through the host ministry
according to the structure of investment and the annual plan.
The host ministry shall decide
specific allocations, grant and disburse capital and make a statement of
accounts for each plan or project according to the current regulations on
investment and construction management.
2. The plans and projects
belonging to the concentrated source of investment capital of the State Budget
shall be granted capital and managed according to Decree No.177-CP of October
20,1994 of the Government.
With regard to the special
projects which require high secrecy, the Ministry of Finance shall work with
the Ministry of Defense and the Ministry of the Interior in determining a
suitable form of management and capital allocation.
Article 9.-
The State Planning Committee shall work with the ministries and branches
concerned in guiding the implementation of this Decision in accordance with the
concrete conditions of each planning period.
Article 10.-
This Decision takes effect from the date of its signing.
Article 11.-
The Ministers, the Heads of ministerial-level agencies, the Heads of the
agencies attached to the Government, the Presidents of the People's Committees
of the provinces and cities directly under the Central Government shall have to
implement this Decision.
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FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai