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THE NATIONAL
ASSEMBLY OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 58/2024/QH15
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Hanoi, November
29, 2024
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LAW
ON PUBLIC INVESTMENT
Pursuant to the Constitution of the Socialist Republic
of Vietnam;
The National Assembly hereby promulgates the Law
on Public Investment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for state management of public
investment; management and use of public investment capital; rights,
obligations and responsibilities of regulatory authorities, affiliates,
organizations and persons involved in public investment activities.
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This Law applies to regulatory authorities,
affiliates, organizations and persons involved in or related to public
investment, management and use of public investment capital.
Article 3. Application of Law
on Public Investment, international treaties and agreements
1. Management and use of public investment capital and
public investment activities shall have to comply with provisions laid down
herein and other provisions of relevant law.
2. If there is any difference between provisions of
this Law and those of international treaties of which the Socialist Republic of
Vietnam is a member state, the latter shall prevail.
3. Public investment programs and projects in
foreign countries must be implemented in accordance with provisions of
international treaties of which the Socialist Republic of Vietnam is a member
state or international agreements between Vietnam and foreign parties.
4. Management and use of state-owned funds invested
in enterprises shall be subject to provisions of law on management and use of
state capital invested in production and business activities of enterprises.
Article 4. Definitions
For the purposes of this Law, terms used herein
shall be construed as follows:
1. “investment policy proposal report”
refers to a document presenting a preliminary study’s contents, including
necessity, feasibility, efficiency, intended capital sources and estimated
capital amounts of a public investment program, or a group-B or group-C
investment project, as a basis for a competent authority to make its decision
on that investment policy.
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3. “feasibility study report” refers to a
document presenting a study’s contents, including necessity, feasibility,
efficiency, capital sources and capital amounts of a public investment program
or project, as a basis for a competent authority to make its investment
decision.
4. “Ministries, central and local authorities”
refers to regulatory authorities or organizations to whom planned public
investment tasks are assigned by the Prime Minister, including:
a) Central authorities affiliated to political
organizations, Supreme People’s Procuracy, Supreme People’s Court, State Audit
Office, Office of the CPV Central Committee, Office of the President, Office of
the National Assembly, Ministries, ministerial agencies, Governmental agencies,
and central authorities of Vietnam Fatherland Front and socio-political
organizations (hereinafter referred to as “Ministries and/or central
authorities”);
b) Provincial-level People’s Committees;
c) State-owned enterprises, other agencies,
organizations and enterprises to whom public investment projects or tasks are
assigned in writing by competent authorities.
5. “public investment programs/projects using
ODA funds and/or foreign concessional loans” includes public investment
programs, investment projects and projects on technical assistance for
preparation of investment projects that use ODA funds and/or foreign
concessional loans.
6. “program owner” refers to an agency or organization
assigned to preside over management of a public investment program.
7. “project owner” refers to an agency or
organization assigned to directly manage a public investment project.
8. “investment policy” refers to a competent
authority’s decision concerning major contents of an investment program or
project, serving as a basis to issue, submit and approve a decision on
investment in that investment program or project, or a decision on approval of
a feasibility study report of a public investment project.
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10. “national target program” refers to a
public investment program designed to pursue socio-economic objectives in
specific stages on a nationwide scale.
11. “governing body” refers to a Ministry,
central or local authority that is prescribed in clause 4 of this Article and
in charge of an investment program or project.
12. “specialized agency in charge of public
investment” refers to an affiliated unit of the Ministry of Planning and
Investment of Vietnam that performs the function of public investment
management; an affiliated unit of a Ministry, central or local authority, or a
public service unit, that is assigned to take charge of public investment
management.
13. “state regulatory authority in charge of
public investment” includes the Government, the Ministry of Planning and
Investment of Vietnam, and People's Committees at all levels.
14. “public investment project” refers to a
project using all or part of public investment capital.
15. “urgent public investment project” refers
to a public investment project executed under the decision of a competent
authority to promptly prevent, control and mitigate consequences of acts of
God, disasters or epidemics, or to perform an urgent task to ensure national
defense, security and external relations or a national political task.
16. ”public investment” refers to the
State’s investment in programs, tasks, projects and others classified as public
investment objects as provided for herein.
17. “proposal for programs/projects using ODA
funds and/or foreign concessional loans” refers to a written explanatory
report on the necessity of making investment, relevant to the orientations of
attracting, managing and using ODA funds and foreign concessional loans over
periods of time, estimated structure of capital sources, donor(s) and domestic
financial mechanism, as a basis for a competent authority to give its approval.
18.”public investment activities” include
formulation, appraisal of and making of decision on an investment policy or
decision on investment in a public program, project or task; formulation,
appraisal, approval, assignment and implementation of a public investment plan;
management and use of public investment capital; commissioning and transfer of
a program and preparation of final accounts of a public investment project;
monitoring, assessment, examination and inspection of a public investment plan,
program, task or project.
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20. “investment preparatory tasks” encompasses
formulation of proposal for a project using ODA funds and/or foreign
concessional loans; formulation, appraisal of and making of decision on an
investment policy; formulation, appraisal of and making of decision on
investment in a project.
21. “planning tasks” refers to activities to
be performed to formulate and announce a planning and adjustments thereto in
accordance with provisions of the Law on Planning.
22. “outstanding debts accruing from capital
construction” refers to the post-commissioning value of items that
constitute a program, task or project but is not yet included by a competent
authority in a medium-term public investment plan, except urgent public
investment projects.
23. “decentralization of state regulatory
authority over public investment” refers to an act of determining rights
and responsibilities of agencies, organizations and persons having competence
in performing public investment activities.
24. “public investment capital” comprises
state budget funds for public investment; legitimate revenues that are earned
by state regulatory authorities and public service units and retained for
investment purposes in accordance with regulations of law.
25. “central budget-derived capital” refers
to an amount of funding derived from the central budget for covering public
investment expenditures in accordance with the Law on State Budget.
26. “local budget-derived capital” refers to
an amount of funding derived from a local budget for covering public investment
expenditures in accordance with the Law on State Budget.
27. “dedicated additional funding transferred
from the central budget to the local budget” refers to an amount of
additional funding that is transferred from the central budget to the local
budget to make investment in public investment programs, tasks, projects and
other objects of public investment listed in their respective tasks decided by
a competent authority.
Article 5. Public investment
objects
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2. Investment in giving support to activities of
state regulatory authorities, public service units, political organizations and
socio-political organizations.
3. Investment in and support given to investments
in provision of public utility and social welfare products and services.
4. Investment of the State in participation in
implementing projects in the public-private partnership form (PPP projects) in
accordance with regulations of law on investment in public-private partnership
form; compensation and termination of PPP projects before their expiry shall be
subject to the decision of competent authorities; the responsibility to
compensate for reduced revenues of PPP projects shall be burdened on the State;
payments are made in cash under project contracts which are prepared in the
form of a Build - Transfer contract (BT contract).
5. Investment in performing planning tasks.
6. Investment in granting subsidies to offset
preferential lending interest rates and management fees; making contribution to
the charter capital of policy banks and state off-budget financial funds;
providing investment support for other policy beneficiaries under decisions of
the Government or the Prime Minister.
The Government shall promulgate regulations on
procedures for making the investments specified in this clause.
7. Allocation of local budget-derived funding for
implementing preferential credit policies through branches of Vietnam Bank for
Social Policies (VBSP) in provinces and central-affiliated cities.
The Government shall promulgate regulations on
conditions, criteria and principles for allocation of trusted funds for
implementing preferential credit policies through VBSP.
Provincial-level People’s Councils shall decide
specific mechanisms and policies to be adopted and allocation of local
budget-derived funding for implementing these policies. Provincial-level
People’s Committees shall entrust local budget-derived funding for implementing
preferential credit policies according to decisions of Provincial-level
People’s Councils.
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Article 6. Classification of
public investment projects
1. Public investment projects can be classified by
their characteristics as follows:
a) Projects with construction components that are
projects using public investment capital for new construction, renovation,
upgradation and expansion of existing investment projects, including purchase
of project-controlled assets and equipment;
b) Projects without construction components that
are projects using public investment capital for purchasing assets, acquiring
transferred land use rights, procuring, repairing and upgrading equipment, machinery
and projects other than those specified in point a of this clause;
c) In case funding other than that included in
public investment plans is used for performing tasks, the projects in points a
and b of this clause shall be executed in accordance with regulations of law on
state budget and other relevant laws.
2. Public investment projects may be classified by
their level of significance and scale as follows:
a) Projects of national significance, group-A,
group-B and group-C projects which must meet the corresponding criteria
referred to in Article 8, 9, 10 and 11 herein;
b) When approving investment policies of projects
of national significance, group-A, group-B and group-C projects, competent
authorities may decide whether compensation, support, residential resettlement
and site clearance tasks in these projects should be divided into independent
projects.
The time of executing an independent constituent
project on compensation, support, residential resettlement and site clearance
is included in total length of time of allocation of capital for project
execution prescribed in Article 57 herein;
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d) A project that does not meet the criteria set
out in Articles 8, 9, 10 and 11 herein shall be classified by its total investment
as prescribed in clause 5 Article 9, clause 4 Article 10 and clause 4 Article
11 herein;
dd) The Government shall elaborate the
classification of public investment projects prescribed in Articles 9, 10 and
11 herein.
Article 7. Industries, sectors
using public investment capital
1. Industries, sectors using public investment
capital include:
a) National defense;
b) Public security, social order and safety;
c) Education, training and vocational education;
d) Science and technology;
dd) Healthcare, population and family;
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g) Radio, television and news broadcasting;
h) Sports and physical activities;
i) Environmental protection;
k) Economic activities;
l) Activities of state regulatory authorities,
public service units, political organizations and socio-political
organizations;
m) Social security;
n) Other industries, sectors as prescribed in laws.
2. The Government shall elaborate on this Article.
Article 8. Criteria for
classification of projects of national significance
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1. Using public investment capital worth VND 30.000
billion or above;
2. Having substantial environmental impacts or
posing potential risks in making serious environmental impacts, including the
following projects:
a) Nuclear power plants;
b) Projects that require repurposing of land of
special-use forests of at least 50 hectares; of headwater protection forests or
border protection forests of at least 50 hectares; of sand-fixing and windbreak
coastal forests or protection forests for wave prevention of at least 500
hectares; of production forests of at least 1.000 hectares;
3. Using land subject to the requirement for
repurposing from arable land for growing wet rice during at least two cropping
seasons which covers an area of at least 500 hectares;
4. Moving and resettling at least 20.000
inhabitants in mountainous areas or at least 50.000 inhabitants in other
regions;
5. Requiring special legal frameworks or policies
subject to the National Assembly's decisions.
Article 9. Criteria for
classification of group-A projects
Except projects of national significance specified
in Article 8 herein, any project that meets one of the following criteria shall
be classified as a group-A project:
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a) Project on manufacture of hazardous substances
and explosives, except those projects on manufacture of hazardous substances
and explosives concerning national defense and security;
b) Projects on construction of infrastructure of
industrial parks, export processing zones and hi-tech parks;
2. A project with total investment worth VND 4.600
billion or greater in the following sectors:
a) Transport, including bridges, seaports, inland
ports, airports, railways and national highways;
b) Electric power industry;
c) Oil and gas production;
d) Chemical, fertilizer and cement production;
dd) Machine manufacturing and metallurgy;
e) Mining and mineral processing;
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3. A project with total investment worth VND 3.000
billion or greater in the following sectors:
a) Transport, except those projects specified in
point a clause 2 of this Article;
b) Irrigation, disaster preparedness and control;
c) Water supply and drainage, waste treatment and
construction of other technical infrastructure facilities;
d) Electrical engineering;
dd) Production of communication and electronic
equipment;
e) Pharmaceutical chemistry;
g) Production of materials, except those projects
specified in point d clause 2 of this Article;
h) Mechanical engineering works, except those
projects specified in point dd clause 2 of this Article;
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4. A project with total investment worth VND 2.000
billion or greater in the following sectors:
a) Agricultural, forestry, salt and aquacultural
production;
b) National parks and nature reserves;
c) Technical infrastructure of new urban zones;
d) Industry, except for those projects in the
industrial sectors specified in clauses 1, 2 and 3 of this Article;
5. A project with total investment worth VND 1.600
billion or greater in the following sectors:
a) Healthcare, culture, society, information and
education;
b) Scientific research, environment, information
technology, radio and television broadcasting, finance, banking;
c) Treasure;
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dd) Civil construction, except construction of
residential buildings specified in point g clause 2 of this Article;
e) Projects developed in the national defense and
security sector, except those projects specified in clauses 1, 2, 3 and 4 of
this Article.
Article 10. Criteria for
classification of group-B projects
1. Those projects in the sectors specified in
clause 2 Article 9 herein with the total investment worth from VND 240 billion
to less than VND 4.600 billion.
2. Those projects in the sectors specified in
clause 3 Article 9 herein with the total investment worth from VND 160 billion
to less than VND 3.000 billion.
3. Those projects in the sectors specified in
clause 4 Article 9 herein with the total investment worth from VND 120 billion
to less than VND 2.000 billion.
4. Those projects in the sectors specified in
clause 5 Article 9 herein with the total investment worth from VND 90 billion
to less than VND 1.600 billion.
Article 11. Criteria for
classification of group-C projects
1. Those projects in the sectors specified in
clause 2 Article 9 herein with total investment worth less than 240 billion.
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3. Those projects in the sectors specified in
clause 4 Article 9 herein with total investment worth less than 120 billion.
4. Those projects in the sectors specified in
clause 5 Article 9 herein with total investment worth less than 90 billion.
Article 12. Modification of
criteria for classification of public investment projects
1. The National Assembly of Vietnam shall have
authority to make its decision on modification of criteria for classification
of projects of national significance referred to in Article 8 herein.
2. The Government of Vietnam shall be charged with
petitioning the Standing Committee of National Assembly to seek its decision on
modification of criteria for classification of public investment projects
prescribed in Articles 9, 10 and 11 herein and reporting to the National
Assembly of Vietnam in the upcoming meeting session.
3. Criteria for classification of public investment
projects specified in clauses 1 and 2 of this Article may be modified in the
event that the price index has varied critically or there is a major adjustment
in decentralization of public investment management powers related to criteria
for classification of public investment projects or existence of other
important elements affects criteria for classification of public investment
projects.
Article 13. Public investment
management principles
1. Comply with regulations of law on public
investment.
2. Conform to the national socio-economic
development strategy, the national socio-economic development plan during the
05-year period and other relevant plannings prescribed in the Law on Planning.
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4. Manage the use of public investment capital
classified by specific funding sources in accordance with regulations; ensure
that investment is made on a concentrated and consistent manner, meets required
quality standards, is economical and effective, and ensures capability of
balancing resources; avoid any waste and loss.
5. Ensure transparency and public disclosure of
public investment activities.
Article 14. Tasks involved in
state management of public investment
1. Promulgate and direct implementation of
legislative documents on public investment.
2. Design and lead the implementation of public
investment strategies, programs, plans, solutions and policies.
3. Monitor and provide information about management
and use of public investment capital.
4. Assess effectiveness of public investment;
check, inspect and oversee compliance with laws on public investment and
conformance to public investment plans.
5. Impose sanctions for violations against law,
handle complaints and denunciations of organizations and persons involved in public
investment activities.
6. Offer rewards to agencies, organizations and
persons who have delivered good performance of public investment activities.
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Article 15. Transparency and
public disclosure of public investment activities
1. Public investment information that must be made
publicly available and transparent, including:
a) Regulatory framework, laws and conduct of
implementation of laws and policies during the period of management and use of
public investment capital;
b) Principles, criteria and norms for allocation of
public investment capital;
c) Principles, criteria and bases for compiling the
portfolio of investment projects in the medium-term and annual public
investment plans;
d) Public investment plans and programs to be
developed at localities; funding for each program in specific years and
progress of implementation and disbursement of funds for public investment
programs;
dd) Portfolio of investment projects to be
developed at localities, including scale, total investment, time and location;
report on assessment of overall impacts of each investment project on receiving
localities;
e) Plan for distribution of medium-term and annual
public investment capital, including the portfolio and public investment
capital amounts allocated to specific investment projects;
g) Current situations of mobilization of resources
and other funding sources used as capital participation in implementation of
public investment projects;
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i) Implementation and fund disbursement progress;
k) Results of acceptance testing and assessment of
public investment programs and projects;
l) Final accounts of public investment capital.
2. Heads of regulatory authorities, organizations
and affiliates thereof must make public disclosure of such public investment
information in accordance with laws.
Article 16. Costs of design,
appraisal, monitoring, examination and assessment of public investment plans,
programs, tasks and projects
1. Costs of preparation and appraisal of an
investment policy proposal report for a public investment program shall be
covered by funding for covering current expenditures of agencies and units
assigned to carry out these tasks.
2. Costs of investment preparatory tasks shall be
covered by public investment capital source, state budget-derived funding for
current expenditures, and other lawful funding sources, and included in total
investment of the project.
In case a competent authority refuses to issue an
investment policy decision or investment decision to the project, costs of
performance of investment preparatory tasks shall be recorded and included in
final accounts in accordance with the Government’s regulations.
3. Costs of formulation and appraisal of a public
investment plan shall be covered by funding for current expenditures of
agencies and units in charge of formulating and appraising that public
investment plan.
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5. As for programs or projects using ODA funds and
foreign concessional loans, these donors shall be encouraged to give financial
support to pay the costs specified in this Article.
Article 17. Prohibited acts of
public investment
1. Issuing decisions on investment policies or
adjustments thereto that are not conformable to public investment strategies,
plans and programs; in which funding sources and capital balancing capability
are not defined; ultra vires or in breach of legally required processes and
procedures.
2. Issuing decisions on investment in programs or
projects without obtaining the competent authority’s decisions on investment
policies as prescribed; issuing decisions on investment or adjustments to
programs or projects ultra vires or in breach of requirements concerning
objectives, locations or in excess of public investment capital, public
investment capital derived from superior budget, or total investment specified
in investment policies decided by competent authorities. Issuing decisions on
adjustment in the total investment in public investment programs or projects in
violation of regulations enshrined in law.
3. Abusing assigned titles and powers to
appropriate, make personal gain from and commit corrupt acts while managing and
using public investment capital.
4. Program or project owners collude with consulting
organizations and contractors in issuing decisions on investment policies and
decisions on public investment programs or projects that result in any loss or
waste of state capital, property and national resources, and/or harms or
infringement on legitimate interests of single citizens and the public.
5. Giving, taking bribes and acting as kickback
brokers.
6. Requesting organizations and persons to put
investment at their own expense when public investment programs or projects have
not yet obtained decisions on investment policies or investment decisions;
executing projects before receiving assigned tasks of public investment plans
resulting in outstanding debts accruing from capital construction.
7. Using public investment capital for wrongful
purposes, to serve incorrect beneficiaries, or in excess of standards and
limits prescribed in law.
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9. Deliberately reporting and providing incorrect,
untrue and impartial information that may affect formulation, appraisal and
making of decision on public investment plans, programs and projects, and monitoring,
assessing, examining, inspecting and imposing sanctions for any violation
arising from implementation of public investment plans, programs, tasks and
projects.
10. Deliberately damaging, lying about, concealing
or storing an inadequate number of documents and evidences relating to
decisions on investment policies, investment decisions and implementation of
public investment programs, tasks and projects.
11. Hindering discovery of any violation against
law on public investment.
Chapter II
INVESTMENT POLICIES AND
DECISIONS ON INVESTMENT IN PUBLIC INVESTMENT PROGRAMS AND PROJECTS
Section 1. FORMULATION,
APPRAISAL AND MAKING OF DECISION ON INVESTMENT POLICIES
Article 18. Authority to issue
decisions on investment policies for programs and projects
1. The National Assembly of Vietnam shall be vested
with authority to issue decisions on investment policies for the following
programs and projects:
a) National target programs;
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2. The Government shall be vested with authority to
issue decisions on investment policies for public investment programs funded by
the central budget, except those specified in point a clause 1 of this Article.
3. The Prime Minister of Vietnam shall be vested
with authority to issue decisions on investment policies for the following
projects:
a) Those projects specified in point a clause 1
Article 9 of this Law;
b) Group-A projects with total investment of at
least VND 10.000 under the jurisdiction of Ministries or central authorities.
4. Ministers and Heads of central authorities shall
be vested with authority to issue decisions on investment policies for group-A,
group-B and group-C projects under their jurisdiction, except those projects
specified in clause 3 of this Article.
5. Provincial-level People’s Councils shall
be vested with authority to issue decisions on investment policies for the
following programs and projects:
a) Public investment programs funded by the local
budget, including dedicated additional funding transferred from the central
budget and local budget’s legitimate funding sources under their jurisdiction;
b) Group-A projects funded by local budgets at all
levels, including dedicated additional funding transferred from the central
budget and local budget’s legitimate funding sources, in their provinces; a
group-A project involving at least 02 provincial-level administrative divisions
over which the Provincial-level People’s Committee is assigned to act as the
governing body according to a decision of the Prime Minister, except those
projects specified in clause 3 of this Article.
6. District-level People’s Councils shall be vested
with authority to issue decisions on investment policies for public investment
programs funded by the local budget, including dedicated additional funding
transferred from the superior budget and local budget’s legitimate funding
sources under their jurisdiction.
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a) Group-B and group-C projects funded by the local
budget, including dedicated additional funding transferred from the superior
budget and local budget’s legitimate funding sources under their jurisdiction;
b) A group-B or group-C project involving at least
02 provincial-level administrative divisions over which the Provincial-level
People’s Committee is assigned to act as the governing body according to a
decision of the Prime Minister;
c) Group-B and group-C projects using ODA funds
and/or foreign concessional loans.
8. District-level People’s Committees shall be
vested with authority to issue decisions on investment policies for the
following projects:
a) Group-B and group-C projects funded by the local
budget, including dedicated additional funding transferred from the superior
budget and local budget’s legitimate funding sources under their jurisdiction;
b) A group-B or group-C project involving at least
02 district-level administrative divisions over which the district-level
People’s Committee is assigned to act as the governing body by Chairperson of
the Provincial-level People’s Committee; a group-B or group-C project involving
at least 02 commune-level administrative divisions;
c) The projects specified in clause 9 of this
Article, as requested by Commune-level People’s Committees.
9. Commune-level People’s Committees shall be
vested with authority to issue decisions on investment policies for Group-B and
group-C projects funded by the local budget, including dedicated additional
funding transferred from the superior budget and local budget’s legitimate
funding sources under their jurisdiction; In case the Commune-level People’s
Committees are found themselves to be professionally incapable of managing and
executing projects, they shall submit reports to District-level People’s
Committees for issuing decisions on investment policies for Group-B and group-C
projects under their jurisdiction.
10. Boards of Members or Company Presidents or
Boards of Directors of state-owned enterprises shall be vested with authority
to issue decisions on investment policies for group-A, group-B and group-C
projects in which they are assigned to make investment according to decisions
of the Prime Minister, except those projects specified in clause 3 of this
Article.
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12. The Government shall provide regulations on the
following matters:
a) Power decentralization, procedures and processes
for making decisions on investment policies for public investment programs or
projects using legitimate revenues that are earned by state regulatory
authorities and public service units and retained for investment purposes in
compliance with regulations on financial autonomy of agencies and units.
In case where those public investment programs or
projects specified in this clause are funded by state budget, authority,
procedures and processes for making decisions on these programs or projects
shall be subject to provisions laid down herein;
b) Procedures and processes for making decisions on
investment policies for projects funded by local budgets and executed by
central authorities; procedures and processes for making decisions on
investment policies for projects funded by district- or commune-level budgets
and executed by provincial- or district-level authorities;
c) Documentation requirements for, contents and
time of appraisal and making of decisions on investment policies for public
investment programs and projects.
Article 19. Requirements for
granting decisions on investment policies for public investment programs and
projects
1. Conform to relevant socio-economic development
strategies, orientations and plans, and relevant plannings in accordance with
law on planning that have already obtained decisions or approval from competent
authorities.
2. Avoid overlapping between public investment
programs and projects already obtaining investment policy decisions or
investment decisions.
3. Meet the capacity for balancing public
investment capital and channeling other funding sources for use in public
investment programs and projects using multiple sources of funding.
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5. Ensure socio-economic efficiency, national
defense and sustainable development.
6. Tasks and projects exempted from the investment
policy decision requirement include:
a) Investment preparatory tasks;
b) Planning tasks;
c) Urgent public investment projects;
d) Public investment projects belonging to national
target programs;
dd) Constituent projects belonging to those projects
already obtaining the competent authority’s investment policy decisions;
e) Investment projects using ODA grants, ODA
grants-funded projects on technical assistance for making preparations for
investment projects.
Article 20. Procedures and
processes for granting decisions on investment policies for national target
programs and projects of national significance
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a) Assign their affiliated units to prepare
investment policy proposal reports for national target programs and
pre-feasibility study reports for projects of national significance;
b) Establish a council to appraise investment
policy proposal reports and pre-feasibility study reports;
c) Completely prepare investment policy proposal
reports and pre-feasibility study reports for submission to the Prime Minister.
2. The Prime Minister may establish the State Appraisal
Council chaired by the Minister of Planning and Investment of Vietnam and
tasked with appraising investment policy proposal reports for national target
programs and prefeasibility study reports for projects of national
significance.
3. The Government shall seek the National
Assembly’s decision on investment policies for national target programs and
projects of national significance.
4. The National Assembly’s competent agency shall
evaluate documents on national target programs and projects of national
significance proposed by the Government.
5. The National Assembly shall consider adopting
resolutions on investment policies for national target programs and projects of
national significance with the following primary contents:
a) For national target programs: objectives, scope,
total investment, location, implementation time, mechanisms, solutions and
policies for implementing the program.
b) For projects of national significance:
objectives, scope, total investment, main technology (if any), location,
implementation time, mechanisms, solutions and policies for implementing the
project.
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1. Government’s report.
2. Investment policy proposal report for national
target programs and pre-feasibility study report for projects of national
significance.
3. Appraisal report of the State Appraisal Council.
4. Other relevant documents.
Article 22. Procedures for and
subject matters of evaluation of investment policies for national target
programs and projects of national significance
1. Evaluation procedures shall be regulated as
follows:
a) At least 60 days prior to the date of opening of
a National Assembly's meeting, the Government sends documents on decisions on
investment policies for national target programs and projects of national
significance to the body presiding over evaluation;
b) The body presiding over evaluation has the right
to request the Government and other related agencies, organizations and persons
to report on issues pertaining to national target programs and projects of
national significance; carry out the field survey of issues related to national
target programs and projects of national significance;
c) Agencies, organizations and person requested to
carry out evaluation by the presiding body are responsible for fully providing
all information and documents required for the evaluation.
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a) Satisfaction of criteria for identification of
national target programs and projects of national significance;
b) Necessity of investing in public investment
program or project;
c) Compliance with regulations of law;
d) Relevance to related socio-economic development
strategies, orientations, plans and other relevant plannings in accordance with
law on planning;
dd) Basic parameters of public investment program
or project, including objectives, scale, investment form, scope, location and
area of land to be used, timelength and schedule of implementation,
alternatives for selecting main technologies, environmental protection
approaches, funding sources, capital recovery and debt repayment capability;
e) Assessment of socio-economic efficiency and
maintenance of national defense and sustainable development;
g) Assessment of level of risk that an outward
investment project of national significance may run in a host country.
Article 23. Procedures and
processes for granting decisions on investment policies for public investment
programs under Government’s jurisdiction
1. A program owner shall have the following
responsibilities:
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b) Authorize a competent entity to carry out the
appraisal or establish a Council to appraise the investment policy proposal
report;
c) Completely prepare the investment policy
proposal report for submission to the Prime Minister.
2. The Prime Minister of Vietnam may establish an interagency
Council or authorize the Ministry of Planning and Investment of Vietnam to
preside over or cooperate with related agencies in appraising the investment
policy proposal report.
3. The program owner prepares a complete investment
policy proposal report according to appraisal opinions received as prescribed
in clause 2 of this Article for submission to the Government.
4. The Government reviews inclusions in the report
before issuing its decision on investment policy for the public investment
program, including objectives, scope, total investment capital, timelength,
mechanism and solutions as well as policies for implementation of the intended
program.
Article 24. Procedures and
processes for granting decisions on investment policies for group-A projects
under Prime Minister's jurisdiction
1. Ministers and Heads of central and local
authorities shall have the following responsibilities:
a) Authorize their specialized agencies or
affiliated units, including affiliated public service units, to prepare pre-feasibility
study reports;
b) Authorize competent agencies or units to carry
out the appraisal or establish a Council to appraise pre-feasibility study
reports;
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2. The Prime Minister shall be accorded authority
to make a decision on establishment of an Interagency Appraisal Council or
mandate an agency to take charge of the appraisal of pre-feasibility study
reports as a basis to issue a decision on the investment policy for the
intended project.
The Interagency Appraisal Council or the agency in
charge of appraisal may invite any qualified or experienced organization or
individual to join in the appraisal of pre-feasibility study reports or may
request the project owner to designate any qualified and experienced
organization or individual to join in the appraisal of pre-feasibility study
reports.
3. The Ministry of Planning and Investment of
Vietnam shall be vested with authority to preside over the appraisal of funding
sources and capacity for balancing funds and file results of such appraisal to
the Interagency Appraisal Council or the agency in charge of appraisal.
4. The Interagency Appraisal Council or the agency
in charge of appraisal that is stated in clause 2 of this Article shall submit
appraisal opinions to Ministries, central and local authorities so that they
prepare complete pre-feasibility study reports for submission to the Prime
Minister.
5. The Prime Minister shall be vested with
authority to issue an investment policy decision, which includes such contents
as investment objectives, scale, total investment, structure of funding
sources, location, and implementation timelength.
Article 25. Procedures and
processes for granting decisions on investment policies for group-A projects
under jurisdiction of provincial-level People’s Councils
1. Chairperson of each provincial-level People’s
Committee shall assume the following responsibilities:
a) Authorize their affiliated units, including
affiliated public service units and district-level People’s Committees, to
prepare pre-feasibility study reports;
b) Establish an Appraisal Council composed of the
Chairperson or Vice-Chairperson of the provincial-level People's Committee as
the Council’s Chair, the specialized agency in charge of public investment at
the provincial level as the Council’s standing commissioner, and related
agencies as the Council’s members, in order to carry out the appraisal of pre-feasibility
study reports, funding sources and capital balancing capacity;
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2. Provincial-level People’s Committees shall
petition same-level People’s Councils to consider granting decisions on
investment policies for projects under their jurisdiction, including such
contents as investment objectives, scale, total investment, structure of
funding sources, location, implementation timelength, and capital allocation
plan.
Article 26. Procedures and
processes for granting decisions on investment policies for group-A, group-B
and group-C projects under jurisdiction of Ministers or heads of central
authorities
1. Ministers and heads of central authorities shall
have the following responsibilities:
a) Authorize their affiliated units, including
affiliated public service units, to prepare pre-feasibility study reports,
investment policy proposal reports;
b) Establish Appraisal Councils or authorize
competent units to carry out appraisal of pre-feasibility study reports,
investment policy proposal reports, funding sources and capital balancing
capacity;
c) Direct the units mentioned in point a of this
clause to prepare complete pre-feasibility study reports, investment policy
proposal reports based on appraisal opinions.
2. Ministers and heads of central authorities shall
issue investment policy decisions, including such contents as investment
objectives, scale, total investment, structure of funding sources, location,
implementation timelength, and capital allocation plan.
Article 27. Procedures and
processes for granting decisions on investment policies for public investment
programs under jurisdiction of local governments
1. Chairpersons of all-level People’s Committees
shall assume the following responsibilities:
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b) Establish Appraisal Councils or authorize
competent units to carry out appraisal of investment policy proposal reports,
funding sources and capital balancing capacity with respect to public
investment programs under their respective jurisdiction;
c) Direct the units mentioned in point a of this
clause to prepare complete investment policy proposal reports based on
appraisal opinions.
2. People’s Committees petition same-level People’s
Councils to consider granting decisions on investment policies for public
investment programs, including such contents as investment objectives, scale,
total investment capital, structure of funding sources, location,
implementation timelength, capital allocation plan, and mechanisms, solutions
and policies for implementation.
Article 28.
Procedures and processes for granting decisions on investment policies for
group-B and group-C projects under jurisdiction of all-level People’s
Committees
1. Chairpersons of all-level People’s Committees
shall assume the following responsibilities:
a) Authorize their affiliated units, including
affiliated public service units (if any) or People’s Committees at the inferior
level, to organize preparation of investment policy proposal reports;
b) Establish Appraisal Councils or authorize
competent units to carry out appraisal of investment policy proposal reports in
respect of projects under their respective jurisdiction;
c) Direct the units mentioned in point a of this
clause to prepare complete investment policy proposal reports based on
appraisal opinions.
2. All-level People’s Committees shall consider
granting decisions on investment policies for projects under their
jurisdiction, including such contents as investment objectives, scale, total
investment, structure of funding sources, location, and implementation
timelength.
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1. Based on the Prime Minister’s
document authorizing the state-owned enterprise to act as the governing body of
the project, the Board of Members or Company President or Board of Directors of
the state-owned enterprise shall assume the following responsibilities:
a) Authorize its affiliated unit
to prepare pre-feasibility study report, investment policy proposal report;
b) Establish an Appraisal Council
or authorize a competent unit to carry out appraisal of pre-feasibility study
report, investment policy proposal report;
c) Direct the units mentioned in
point a of this clause to prepare a complete pre-feasibility study report,
investment policy proposal report based on appraisal opinions.
2. The Board of Members or Company
President or Board of Directors of the state-owned enterprise shall consider
granting investment policy decision, including such contents as investment
objectives, scale, total investment, structure of funding sources, location,
and implementation timelength.
Article 30. Procedures and
processes for granting decisions on investment policies for projects involving
at least 02 provincial-level administrative divisions
1. In case a Provincial-level People’s Committee
will be assigned to act as the governing body of a project involving at least
02 provincial-level administrative divisions, relevant Provincial-level
People’s Committees shall reach an agreement on the plan to assign 01
Provincial-level People’s Committee to act as the governing body of the
project, and request Provincial-level People’s Councils to give approval of
policies for assigning 01 Provincial-level People’s Committee to act as the
governing body of the project.
Based on resolutions of Provincial-level People’s
Councils, the Provincial-level People’s Committee that is recommended to act as
the governing body of the project shall submit relevant reports requesting the
Prime Minister to consider granting a decision to assign it to act as the
governing body of the project.
2. Pursuant to the decision issued by the Prime
Minister, the Provincial-level People’s Committee assigned to act as the
governing body of the project shall assume the following responsibilities:
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b) Consider granting a decision on investment
policy for a group-B or group-C project following procedures and processes specified
in Article 28 of this Law.
Article 31. Procedures and
processes for granting decisions on investment policies for projects involving
at least 02 district- or commune-level administrative divisions
1. In case a district-level People’s Committee will
be assigned to act as the governing body of a project involving at least 02
district-level administrative divisions, relevant district-level People’s
Committees shall reach an agreement on the plan to assign 01 district-level
People’s Committee to act as the governing body of the project, and request
district-level People’s Councils to give approval of policies for assigning 01
district-level People’s Committee to act as the governing body of the project.
Based on resolutions of district-level People’s
Councils, the district-level People’s Committee that is recommended to act as
the governing body of the project shall submit relevant reports requesting the
Chairperson of the Provincial-level People’s Committee to consider granting a
decision to assign it to act as the governing body of the project.
2. Pursuant to the decision issued by Chairperson
of the Provincial-level People’s Committee, the district-level People’s
Committee assigned to act as the governing body of the project shall organize
preparation, appraisal and grant of decision on investment policy for the
project in accordance with provisions of Article 28 of this Law.
3. Regarding projects involving at least 02
commune-level administrative divisions, district-level People’s Committees
shall consider granting decisions on investment policies for these projects
following procedures and processes specified in Article 28 of this Law, and
organize execution of these projects in accordance with regulations of relevant
laws.
Article 32. Principles, authority,
procedures and processes for granting decisions on investment policies for
public investment projects in foreign countries, projects in public-private
partnership form, and investment projects on construction of official
residences
1. Principles, authority, procedures and processes
for granting decisions on investment policies for group-A, group-B and group-C
public investment projects in foreign countries shall be subject to the
Government’s regulations.
2. Principles, authority, procedures and processes
for granting decisions on investment policies for investment projects existing
in the public-private partnership form shall be subject to provisions of the
Law on investment in public-private partnership form.
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Article 33. Contents of
investment policy proposal reports for public investment programs
Main contents of investment policy proposal reports
on public investment programs shall include:
1. Necessity of the public investment program for
implementation of objectives of related socio-economic development strategies,
plans and plannings in accordance with law on planning;
2. Objectives, extent of the public investment
program;
3. Total estimated investment capital and structure
of resources necessary for implementation of the program, capacity for
balancing public investment capital, mobilization of other funds and resources;
4. List of constituent projects (if any) belonging
to the national target program, other public investment program;
5. Capital allocation plan and schedule of
implementation of the program which are adapted for practical conditions and
capacity for calling for resources in the rational order of preference, and
ensure concentrated and efficient investment;
6. Determination of costs incurred during the
implementation process and costs incurred from operation of the program after
the program is completed;
7. Preliminary analysis and assessment of
environmental and social impacts and influences of the program, measurement of
investment efficiency in terms of socio-economic aspects of the program;
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Article 34. Contents of
pre-feasibility study reports of projects of national significance and group-A
projects
1. Contents of pre-feasibility study reports of
projects of national significance and group-A projects with construction
components shall be subject to law on construction.
2. Main contents of pre-feasibility study reports
of projects of national significance and group-A projects without construction
components shall be comprised of the following:
a) Necessity of making investment, requirements for
carrying out investment, assessment of relevance to related plannings, as
prescribed in the law on planning;
b) Forecast of demands, service scope and proposed
investment objectives, scale and form of investment;
c) Investment region, location, proposed size of
land to be used and demands for other resources;
d) Preliminary analysis and selection of
technologies, techniques and requirements for provision of raw materials,
equipment, fuels, energy, services and infrastructure;
dd) Preliminary analysis and selection of
investment plans and scale of investment items;
e) General plan for compensation, site clearance,
residential resettlement and environmental protection measures;
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h) Preliminary determination of total investment,
plans to call for capital and funding structure;
i) Preliminary determination of costs incurred
during the implementation of project and costs incurred from operation of the
project after completion;
k) Proposed capital allocation plan, schedule of
implementation of the project and investment phasing;
l) Preliminary measurement of investment efficiency
in socio-economic aspects of the project;
m) Division of constituent projects or subprojects
(if any);
n) Implementation measures.
Article 35. Contents of
investment policy proposal reports for group-B and group-C projects
Main contents of investment policy proposal reports
for group-B and group-C projects shall include the following:
1. Necessity of making investment, requirements for
carrying out investment, assessment of relevance to related plannings as
prescribed in the law on planning;
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3. Estimated total investment and structure of
funding sources, capacity for balancing public investment capital, mobilization
of other funds and resources for implementation of the project;
4. Proposed schedule of investment and capital
allocation plan which are adapted for practical conditions and capacity for
calling for resources in the rational order of priority, ensure concentrated
and efficient investment;
5. Preliminary determination of costs incurred
during the implementation of project and costs incurred from operation of the
project after completion;
6. Preliminary analysis and assessment of social
and environmental impacts; preliminary measurement of investment efficiency in
socio-economic aspects;
7. Division of constituent projects (if any);
8. Implementation measures.
Article 36. Decentralization
of power to appraise funding sources and capacity for balancing funds for
programs and projects
1. Appraisal of funding sources and capacity for
balancing funds is part of the appraisal of investment policies.
2. The Ministry of Planning and Investment of
Vietnam shall be vested with authority to appraise funding sources and capacity
for balancing funds for the following programs and projects:
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b) Projects of national significance;
c) Public investment programs, subject to the
Government’s investment policy decisions;
d) Public investment programs or projects, subject
to the Prime Minister’s investment policy decisions.
3. Ministers and Heads of central authorities shall
mandate specialized agencies in charge of public investment to preside over and
cooperate with relevant agencies in appraising funding sources and capacity for
balancing funds for those projects using public investment capital under their
jurisdiction provided that these funds do not exceed total capital of the
current medium-term public investment plan, estimated total medium-term
investment capital limit for the later period of time as informed by the Prime
Minister, and other lawful funding sources informed by competent authorities,
including those funds specified in clauses 2 and 3 Article 93 of this Law,
except those projects specified in clause 2 of this Article.
4. Chairpersons of all-level People’s Committees
shall mandate specialized agencies in charge of public investment to preside
over and cooperate with relevant agencies in appraising funding sources and
capacity for balancing funds for programs or projects using public investment
capital under their jurisdiction provided that these funds do not exceed total
medium-term investment capital limit that the Prime Minister or the competent
authority informs to apply in the later period of time, or existing total
medium-term investment capital limit that the National Assembly or People’s
Council at any level decides to apply to localities, and are not greater than
the actual excess of the local budget’s revenues (if any) intended for
development investment purposes, other lawful funding sources, capital amounts
prescribed in clauses 2 and 3 Article 93 of this Law.
5. Regarding ODA funds and/or foreign concessional
loans, the competent authorities specified in clauses 2, 3 and 4 of this
Article shall, pursuant to decisions issued by the Prime Minister of Vietnam to
give approval for proposals for programs or projects using ODA funds and/or
foreign concessional loans, letters of interest or written commitments of
foreign donors of ODA grants, appraise funding sources and capacity for
balancing funds for programs or projects provided that these funds do not
exceed total capital of the current medium-term public investment plan. Where a
project is implemented for 02 consecutive terms of medium-term public
investment plans, provisions of clauses 2 and 3 Article 93 of this Law shall
apply.
Article 37. Adjustment,
termination of investment policies
1. The authority mandated to make decisions on
investment policies for a program or project shall be competent to issue a
decision to adjust or terminate investment policies for that program or project
and shall be responsible for their issued decision.
2. The investment policy for a program or project
shall be adjusted in case there are changes in objectives or location of that
program or project, or public investment capital, public investment capital
derived from superior budget, or total investment in that program or project is
exceeded in comparison to those specified in the investment policy for that
program or project.
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a) As for public investment programs, these
procedures and processes shall be subject to regulations laid down in Articles
20, 23 and 27 herein;
b) As for projects of national significance, these
procedures and processes shall be subject to regulations laid down in Article
20 herein;
c) As for group-A, group-B and group-C projects,
these procedures and processes shall be subject to regulations laid down in
Articles 24, 25, 26, 28 and 29 herein;
d) As for projects involving at least 02
provincial-level administrative divisions over which the Provincial-level
People’s Committee is assigned to act as the governing body, these procedures
and processes shall be subject to regulations laid down in Article 30 herein;
dd) As for projects involving at least 02
district-level or commune-level administrative divisions over which the
district-level People’s Committee is assigned to act as the governing body,
these procedures and processes shall be subject to regulations laid down in
Article 31 herein.
4. The Government shall promulgate regulations on
documentation requirements, procedures, processes and contents of adjustment of
investment policies for programs or projects; cases in which investment
policies for programs or projects are terminated, and implementation procedures
and processes.
Section 2. DESIGN, APPRAISAL
OF AND DECISION ON INVESTMENT IN PUBLIC INVESTMENT PROGRAMS OR PROJECTS
Article 38. Authority to grant
decisions on investment in programs and projects
1. The Prime Minister shall be accorded authority
to issue decisions on investment in the following programs and projects:
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b) Public investment programs that have already
obtained investment policy decisions from the Government.
2. Ministers and Heads of central authorities shall
have the power to:
a) Grant decisions on investment in group-A,
group-B and group-C projects under their jurisdiction;
b) Decentralize powers or grant authorization to
issue decisions on investment in group-B and group-C projects prescribed in
point a of this clause to their affiliated agencies or units;
c) Based on specific conditions of projects, assign
specialized or regional project management units to act as project owners.
Where the project management unit is not established or is not qualified to act
as a project owner, the Minister or head of central authority may assign an
agency or organization that fully meets experience and managerial capacity requirements
to act as the project owner, and shall assume responsibility for their
assignment.
3. Chairpersons of provincial-level People’s
Committees shall be vested with authority to grant decisions on investment in
the following programs and projects:
a) Public investment programs and group-A projects
which have already obtained investment policy decisions from provincial-level
People’s Councils;
b) Group-B and group-C projects falling under
jurisdiction of provincial-level authorities;
c) Group-B and group-C projects using ODA funds
and/or foreign concessional loans; projects using ODA grants.
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a) Public investment programs which have already
obtained investment policy decisions from same-level People’s Councils;
b) Group-B and group-C projects falling under their
respective jurisdiction.
5. Directors or General Directors of state-owned
enterprises shall be vested with authority to grant decisions on investment in
group-A, group-B and group-C projects which have already obtained investment
policy decisions from Boards of Members or Company Presidents or Board of
Directors of such enterprises.
6. In case decisions on investment in programs and
projects need to be adjusted, the authority to adjust such decisions shall be
subject to regulations laid down in clause 3 Article 46 herein.
7. The Government shall set forth regulations on
decentralization of powers, procedures and processes for granting decisions on
investment in programs or projects using legitimate revenues of state
regulatory authorities and public service units for investment purposes
provided that these regulations are consistent with those on the financial
autonomy of involved authorities and units.
8. Ministers and Heads of central and local
authorities granting decisions on investment in programs and projects shall
have the burden of ensuring investment efficiency of approved programs and
projects.
Article 39. Bases for
formulation, appraisal of and decision on investment in programs or projects
1. Socio-economic strategies and plans.
2. Related plannings as prescribed in the law on
planning.
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4. Objectives of the program or project.
5. Investment policies that have already been
decided by competent authorities.
6. Capability of channeling and balancing public
investment capital and other funds for implementation of the program or project.
Article 40. Procedures for
formulation, appraisal of and decision on investment in national target
programs
1. Based on the investment policy already obtaining
the National Assembly’s decision, the program owner prepares a feasibility
study report for that program and submits it to the Prime Minister.
2. The Prime Minister establishes a State Appraisal
Council chaired by the Minister of Planning and Investment to appraise the
intended program.
3. The State Appraisal Council conducts the appraisal
regarding the issues specified in clause 1 Article 47 herein.
4. Based on appraisal opinions given by the State
Appraisal Council, the program owner prepares a complete feasibility study
report for that program and drafts an investment decision and submits them to
the State Appraisal Council for submission to the Prime Minister for
consideration and decision.
Article 41. Procedures for
formulation, appraisal of and decision on investment in public investment
programs subject to the Government’s investment policy decision
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2. The Ministry of Planning and Investment of
Vietnam conducts the appraisal regarding the issues specified in clause 1
Article 47 herein.
3. Based on appraisal opinions given by the
Ministry of Planning and Investment of Vietnam, the program owner prepares a
complete feasibility study report for that program and drafts an investment
decision and submits them to the Ministry of Planning and Investment of Vietnam
for submission to the Prime Minister for consideration and decision.
Article 42. Procedures for
formulation, appraisal of and decision on investment in public investment
programs subject to investment policy decisions granted by People’s Councils
1. Based on the investment policy already obtaining
the decision from the People’s Council, the program owner prepares a
feasibility study report for that program and carries out the appraisal in
accordance with law before submission thereof to Chairperson of the same-level
People’s Committee.
2. Chairperson of the People’s Committee assigns a
specialized agency to conduct the appraisal regarding thee issues specified in
clause 1 Article 47 herein.
3. Based on appraisal opinions, the program owner
prepares a complete feasibility study report for that program and drafts an
investment decision and submits them to the Chairperson of the People’s
Committee to seek his/her decision.
Article 43. Procedures for
formulation, appraisal of and decision on investment in projects
1. Procedures for formulation, appraisal of
and decision on investment in projects of national significance shall be
subject to the following regulations:
a) Based on the investment policy already obtaining
the decision from the National Assembly, the project owner prepares a
feasibility study report for that project and submits it to the governing body
for consideration and submission to the Prime Minister;
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c) The State Appraisal Council conducts the
appraisal regarding the issues specified in clauses 2 and 3 Article 47 herein;
d) Based on appraisal opinions, the project owner
prepares a complete feasibility study report for that project and submits it to
the governing body for approval and submission to the State Appraisal Council;
dd) The State Appraisal Council submits it to the
Prime Minister for considering and granting a decision on investment in that
project.
2. Procedures for formulation, appraisal of
and decision on investment in projects which do not fall in the case specified
in clause 1 of this Article and exist without construction components shall be
subject to the following regulations:
a) Based on the investment policy already obtaining
the decision from the competent authority, the project owner prepares a
feasibility study report for that project and submits it to the competent
authority to seek its decision;
b) Minister, Head of central authority or
Chairperson of People’s Committee at the relevant level establishes an
appraisal council or assign a specialized agency to carry out the appraisal of
the project;
c) The appraisal council or assigned specialized
agency conducts the appraisal regarding the issues specified in clause 2
Article 47 herein;
d) Based on appraisal opinions, the project owner
prepares a complete feasibility study report for the project and submits it to
the competent authority to seek its investment decision.
3. Procedures for formulation, appraisal of and
decision on investment in projects with construction components shall be
subject to provisions of the law on construction and other relevant laws,
except projects of national significance.
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5. Principles of, authority over, contents of, procedures
and processes for formulation, appraisal of and decision on investment in
public investment projects in foreign countries shall be subject to the
Government’s regulations.
Article 44. Procedures for
formulation, appraisal and approval of project preparation costs, cost
estimates for investment preparatory tasks and planning tasks
1. Procedures for formulation, appraisal and
approval of project preparation costs or cost estimates for investment
preparatory tasks of projects with construction components shall be subject to
the Law on Construction.
2. Procedures for formulation, appraisal and
approval of cost estimates for investment preparatory tasks of projects without
construction components and planning tasks shall be regulated as follows:
a) Based on investment preparatory tasks and
planning tasks decided by competent authorities, agencies or organizations
assigned to perform these tasks prepare the cost estimates for these tasks and
submit them to Ministers, Heads of central authorities and Chairpersons of
People’s Committees at any level to seek their decisions;
b) Ministers, Heads of central authorities and
Chairpersons of People’s Committees at any level may establish Appraisal
Councils or assign specialized agencies to carry out the appraisal of the cost
estimates for these tasks;
c) Appraisal Councils or assigned specialized
agencies conduct the appraisal of the cost estimates for these tasks in
accordance with regulations of law;
d) Based on appraisal opinions, project owners
prepare complete cost estimates for these tasks and submit them to Ministers,
Heads of central authorities and Chairpersons of People’s Committees at any
level to seek their approval;
dd) Ministers, Heads of central authorities and
Chairpersons of People’s Committees at any level may decentralize powers to
heads of their affiliated agencies or units or public service units to organize
formulation, appraisal and approval of cost estimates for planning tasks and
investment preparatory tasks.
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1. Ministers, Heads of central authorities and
Chairpersons of People’s Committees at any level decide and take responsibility
for implementation of urgent public investment projects under their respective
jurisdiction.
2. Ministers, Heads of central authorities and
Chairpersons of People’s Committees at any level organize formulation and
appraisal of feasibility study reports, technical-economic reports, and
consider granting decisions on investment in such projects.
3. Project owners are allowed to make decisions on
all tasks in investment activities to organize the implementation of such
projects on schedule while meeting quality requirements, and assume
responsibility for their decisions.
4. Ministers and Heads of central authorities
submit reports to the Government on implementation of urgent public investment
projects. Chairpersons of People’s Committees submit reports to People’s
Councils at the same level on implementation of urgent public investment
projects in the upcoming meeting.
Article 46. Adjustment of
programs and projects
1. A program shall be adjusted:
a) in case of adjusting objectives and changing
requirements for implementation thereof in the relevant socio-economic
development strategy or plan and other plannings as provided for in the Law on
Planning;
b) in case of adjusting or terminating the
investment policy under the competent authority's direction;
c) due to causes of force majeure resulting in
changes in objectives, extent, costs and duration of implementation of the
program.
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a) in case of adjusting or terminating the
investment policy under the competent authority's direction;
b) in case of adjustments to the planning resulting
in direct impacts on the project;
c) due to causes of force majeure resulting in
changes in investment objectives, scale, costs and duration of implementation
of the project;
d) due to the impact of emergencies arising from
natural disasters, conflagration or other force majeure events upon expiry of
the project’s insurance policy;
dd) if factors creating more financial or
socio-economic efficiency arise by reason of such adjustment and such
efficiency is appraised by the competent authority;
e) if the price index quoted during the
implementation of the project is higher than the price index used for
calculation of the allowance for price escalation included in the project’s
total investment that is decided by the competent authority.
3. The authority competent to make its decision on
investment in the program or project shall be competent to issue a decision to
adjust that program or project, and shall be responsible for its decision.
4. The competent authority may adjust a program or
project only when that program or project has already undergone the appraisal,
inspection or assessment as provided herein.
5. In case there is any change in objectives or
location, or an increase in public investment capital, public investment
capital derived from superior budget, or total investment in the project
compared to that specified in the investment policy decision granted by the
competent authority, procedures and processes for granting a decision to adjust
the investment policy for the program or project must be completed before
receipt of a decision to adjust that program or project from the competent
authority.
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Article 47. Contents of
feasibility study reports of programs and projects
1. A feasibility study report of a public
investment program shall, inter alia, have the following main contents:
a) Necessity of making investment;
b) Assessment of the current status of sectors and
industries specified in the program's objectives and scope; urgent issues that
need to be solved in the program;
c) General objectives, specific objectives,
expected outcomes and main indicators defined in each stage;
d) Scope of the program;
dd) Constituent projects (if any), for a national
target program; list of constituent projects (if any), for another public
investment project;
e) Estimated total investment necessary to
implement the program, distribution of funds specific to objectives,
constituent projects and schedule of implementation, funding sources and
capital mobilization plans;
g) Anticipated duration and schedule of
implementation of the program;
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i) International cooperation requirements (if any);
k) Arrangements made to implement the program;
l) Assessment of the overall socio-economic efficiency
of the program.
2. A feasibility study report of a project without
construction components shall, inter alia, have the following main contents:
a) Necessity of making investment;
b) Assessment of relevance of the project to the
related planning as provided for in the Law on Planning;
c) Analysis and determination of objectives, tasks
and outputs of the project; analysis and selection of the appropriate scale;
investment phasing; selection of investment form;
d) Analysis of natural conditions, economic and
technical conditions and selection of investment location;
dd) Plans for management, operation and use of the
project;
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g) General plan for compensation, site clearance
and residential resettlement;
h) Proposed schedule of implementation of the
project; main timeline of investment;
i) Determination of total investment, funding
structure and capital mobilization plans;
k) Determination of costs incurred during the
implementation of the project and operation costs incurred at the stage of
operation and exploitation of the project;
l) Arrangements necessary for management of the
project, including determination of project owner, analysis and selection of
form of project implementation management, relationship and responsibilities of
persons and entities involved in implementation of the project, and
organizational structure of the unit in charge of management and operation of
the project;
m) Analysis of investment efficiency, including
efficiency and impacts in socio-economic, national defense and security
aspects, and capital recovery capacity (if any).
3. Contents of feasibility study reports of
projects with construction components shall be subject to the Law on
Construction and other relevant laws.
Article 48. Documentation
requirements, contents and time limits for appraisal and grant of decisions on
programs and projects
1. Documents required for appraisal of a program or
project include:
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b) The feasibility study report of the program or
project;
c) Other relevant documents.
2. The Government shall provide for documentation
requirements for grant of decisions on programs and projects, contents of, time
limit for appraisal and grant of decisions on programs and projects.
Chapter III
FORMULATION, APPRAISAL,
APPROVAL AND ASSIGNMENT OF TASKS OF PUBLIC INVESTMENT PLANS
Article 49. Classification of
public investment plans
1. Public investment plans shall be classified by
their terms into:
a) Medium-term public investment plan that must be
valid for the period of 05 years and in line with the
05-year socio-economic development plan;
b) Annual public investment plan that must be made
to support the implementation of the medium-term public investment plan and
must fit into objectives of the annual socio-economic development plan and the
annual public investment budget balance.
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a) National public investment plan;
b) Public investment plans of Ministries and
central authorities;
c) Public investment plans of local authorities at
any level.
3. Public investment plans shall be classified by
funding sources into:
a) Plan for investment of the central budget’s
funds, including investments specific to sectors, industries, public investment
programs and portions of state capital participation in PPP projects;
b) Plan for investment of the local budget’s funds,
including investments specific to sectors, industries, public investment
programs and portions of state capital participation in PPP projects;
c) Plan for investment of legitimate revenues that
state regulatory authorities and public service units retain for investment
purposes.
Article 50. Bases for
formulation of medium-term and annual public investment plans
1. A medium-term public investment plan shall be
formulated on the following bases:
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b) Socio-economic development strategy; national,
sector-specific, industry-specific and local 05-year socio-economic development
orientations or plans; 05-year financial plan; 05-year borrowing and public
debt repayment plans; preferred investment objectives included in 05-year
national, sector-specific, industry-specific and local public investment plans;
c) Related plannings as provided for in the Law on
planning;
d) Demands for and forecast of capabilities of
mobilization of funding sources invested in construction of socio-economic
infrastructure and of balancing the state budget’s capital;
dd) Forecast of impacts of global and domestic
situations on development and capabilities of mobilization of investment funds;
e) Mechanisms and policies on calling for
investment funds from different economic sectors for the purposes of
construction of socio-economic infrastructure.
2. An annual public investment plan shall be formulated
on the following bases:
a) Review of progress in and outcomes of
implementation of national, sector-specific, industry-specific and local
socio-economic development plans; outcomes of implementation of the
previous-year public investment plan;
b) Annual socio-economic development plan;
c) Medium-term public investment plan;
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Article 51. Principles of
formulation of medium-term and annual public investment plans
1. Agree with developmental objectives included in
the socio-economic development strategy, 05-year and annual national,
sector-specific, industry-specific or local socio-economic development
orientations or plans and other approved plannings, 05-year financial plan, and
05-year borrowing and public debt repayment plan.
2. Correspond to capabilities of balancing public
investment funds and calling for different investment capital from other
economic sectors; ensure macroeconomic balance and prioritization of public
debt safety.
3. Allocation of public investment capital must
adhere to principles, criteria and norms for allocation of public investment
capital in specific stages that have already been approved by competent
authorities.
4. Prefer to allocate funds to sectors, industries
or territorial areas by taking account of developmental objectives and
guidelines existing over periods of time.
5. Ensure public disclosure, transparency and
fairness.
6. Make sure that managerial activities must be
performed in a concentrated and consistent manner in terms of objectives,
mechanisms and policies; ensure that investment management powers are
decentralized and autonomy is granted to Ministries, central and local
authorities in accordance with laws in order to enhance investment efficiency.
7. Annual public investment plan must be consistent
with the approved medium-term public investment plan, except the first-year
public investment plan.
Article 52. Contents of
reports on medium-term public investment plans submitted to competent
authorities to seek their approval
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2. Socio-economic development orientations or
plans; medium-term sector-, industry- and public investment program-specific
investment objectives and investment structure directions. Classification by
specific sectors or industries shall be subject to provisions enshrined in this
Law.
3. Capabilities of calling for and balancing funds;
estimated total investment in carrying out medium-term socio-economic, sector-
and industry-specific development orientations, objectives and tasks, including
funds allocated for covering costs of planning tasks, investment preparatory
tasks, programs or projects, and repaying advances and other borrowings granted
by local budget for investment purposes.
4. Total state budget-derived capital for the medium-term
public investment plan, including the central budget’s capital, the local
budget’s capital; the central budget’s total capital specific to sectors,
industries and proposed transfers to specific Ministries, central authorities
and dedicated additional funding transferred from the central budget to the
local budget, with respect to reports presented to the National Assembly. Total
capital of each authority, unit or organization allocated the public investment
plan using the local budget specific to sectors, industries and dedicated
additional funding transferred from the superior budget to the inferior budget,
with respect to reports presented to People's Councils.
5. Principles, criteria and norms for allocation of
medium-term public investment capital.
6. Arranging public investment projects in order of
priority, selecting the investment portfolio and capital allocated to specific
programs, tasks and projects in the medium-term public investment plan to
ensure relevance to capabilities of balancing public investment capital and
calling for other funding sources for the purposes of achieving and
implementing the 05-year socio-economic development objectives, tasks and
orientations or plans.
7. Measures for implementation and expected
outcomes.
Article 53. Contents of
reports on annual public investment plans submitted to competent authorities to
seek their approval
1. Review of progress in implementation of the
previous-year public investment plan.
2. Directions for making public investment in the
plan year.
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4. Selecting the investment portfolio and capital
allocated to specific programs, tasks and projects to ensure relevance to the
portfolio of projects belonging to the medium-term public investment plan and
capabilities of balancing the annual public investment capital.
5. Measures for administration, arrangements for
implementation and expected outcomes.
Article 54. Principles for
allocation of capital included in medium-term and annual public investment
plans for programs and projects
1. Serve the purposes of carrying out developmental
objectives and directions in the approved socio-economic development
strategies, orientations or plans and plannings.
2. Comply with capital allocation principles,
criteria and norms already obtaining the competent authority’s decision.
3. Concentrate on allocating public investment
capital to complete and accelerate the progress in implementation of national
target programs, projects of national significance, key programs and projects
of great significance to the socio-economic development, and key projects on
national defense and security industry.
4. Public investment capital shall be allocated in
the following order of priority:
a) Urgent public investment projects;
b) National target programs, projects of national
significance;
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d) Projects already completed and transferred for
use but yet to obtain the adequate amount of allocated capital;
dd) Programs/projects using ODA funds and/or
foreign concessional loans, including reciprocal capital;
e) Investment of the State in participation in
implementing PPP projects in accordance with regulations of law on investment
in public-private partnership form; compensation for and costs incurred from
termination of PPP projects before their expiry according to decisions of
competent authorities, fulfillment of the State liability to make compensation
for reduced revenues of PPP projects, payments in cash under BT contracts;
g) Transitional projects which are expected to be
completed during the plan period;
h) Transitional projects to be implemented
according to the approved schedule;
i) Planning tasks, investment preparatory tasks;
k) Repayment of outstanding debts accruing from
capital construction prior to January 01, 2015 (if any);
l) Granting subsidies to offset preferential
lending interest rates and management fees; making contribution to the charter
capital of policy banks and state off-budget financial funds; providing
investment support for other policy beneficiaries under decisions of the
Government or the Prime Minister;
m) Allocation of local budget’s funds for
implementing preferential credit policies through Vietnam Bank for Social
Policies (VBSP) under resolutions of Provincial-level People’s Councils;
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5. Budgeted capital for new programs and projects
must be allocated in conformance to the following requirements:
a) These new programs and projects must prove its
necessity and meet regulatory requirements for being allocated budgeted capital
as provided in Articles 55 and 56 herein;
b) The capital must be allocated in the order of
priority specified in clause 4 of this Article and the amount of capital
allocated must be adequate for completion of these new programs and projects
according to the approved investment schedule.
6. Based on midterm assessment of the progress of
implementation of the medium-term public investment plan, the National Assembly
shall consider deciding to use the central budget’s general provisions for
medium-term public investment plans.
Pursuant to the resolution of the National
Assembly, the Standing Committee of National Assembly shall consider deciding
to allocate the central budget’s general provisions for medium-term public
investment plans to Ministries, central and local authorities for implementing
programs, projects, tasks and other objects of public investment when there are
sufficient funds, and submit reports thereon to the National Assembly in the
upcoming meeting.
7. People’s Councils at any level shall make their
decision on allocation of the general provisions in their respective budget for
medium-term public investment plans when there are sufficient funds.
Article 55. Requirements for
eligibility of other public investment programs, projects, tasks and objects
for entering into medium-term public investment plans
In order for other public investment programs,
projects, tasks and objects to enter into medium-term public investment plans,
they must comply with regulations of law on principles and criteria for
allocation of public investment capital and meet one of the following
requirements:
1. Transitional projects belong to the portfolio of
projects in the medium-term public investment plan in the previous stage;
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3. Tasks and projects are classified as those
referred to in clause 6 Article 19 herein;
4. They have to be classified as objects referred
to in clauses 4, 6 and 7 Article 5 herein;
5. They have to be classified as objects referred
to in clause 8 Article 5 herein, if meeting requirements laid down in relevant
laws.
Article 56. Requirements for
eligibility of other public investment programs, projects, tasks and objects
for access to capital specified in annual public investment plans
1. Other public investment programs, projects,
tasks and objects have to be listed in the medium-term public investment plan,
except urgent public investment projects and investment projects funded by ODA
grants.
2. Other public investment programs, projects,
tasks and objects have obtained decisions from competent authorities in
accordance with regulations of law.
3. Cost estimates for investment preparatory tasks,
planning tasks have been approved by competent authorities.
Article 57. Time of allocation
of capital for project implementation
1. Time of allocation of capital for implementing a
project is continuously calculated from the first plan year in which capital is
allocated to implement the project to the year in which the project is
finished, put under acceptance testing, and transferred for use, excluding the
time of allocation of capital for covering costs of investment preparatory
tasks and time for preparation of final accounts of the project.
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a) The time for allocation of capital for
implementation of national target programs and projects of national
significance shall be subject to resolutions of the National Assembly;
b) Allocation of capital for implementing a group-A
project shall be completed within a maximum duration of 06 years;
c) Allocation of capital for implementing a group-B
project shall be completed within a maximum duration of 04 years;
d) Allocation of capital for implementing a group-C
project shall be completed within a maximum duration of 03 years;
3. Extension of the capital allocation periods
prescribed in clause 2 of this Article shall be subject to the following
provisions:
a) The Government shall petition the National
Assembly to consider granting decisions on extension of time for allocation of
capital to national target programs and projects of national significance;
b) The competent authorities granting decisions on
investment policies for central budget-funded projects shall consider granting
decisions on extension of time for allocation of capital for implementing these
projects as follows: the time for allocation of capital for group-A, group-B
and group-C projects may be extended for a period of up to 01 year; regarding a
group-A project with total investment worth from VND 10.000 billion to less
than VND 30.000 billion, the maximum extension period shall be 02 years;
c) Chairpersons of People’s Committees at any level
shall consider granting decisions on extension of time for allocation of
capital for implementing local budget-funded projects as follows: the time for
allocation of capital for group-A, group-B and group-C projects may be extended
for a period of up to 01 year; regarding a group-A project with total
investment worth from VND 10.000 billion to less than VND 30.000 billion, the
maximum extension period shall be 02 years;
d) If the capital allocation time has to be
extended upon expiry of the extension periods granted as prescribed in points b
and c of this clause, governing bodies of central budget-funded projects shall
be subject to responsibility review and petition the Prime Minister to consider
granting decisions on extension of the time for allocation of capital to these
projects while People’s Committees shall be subject to responsibility review
and petition People's Councils at the same level to consider granting decisions
on extension of the time for allocation of capital to local budget-funded
projects.
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4. The time for allocation of capital for
implementing projects using legitimate revenues of state regulatory authorities
and public service units for investment purposes shall be subject to provisions
of clause 2 of this Article. Where the capital allocation time has to be
extended, the authorities granting decisions on investment policies for these
projects shall consider granting extension decisions and assume responsibility
for their decisions.
5. The Government shall elaborate on this Article.
Article 58. Capital for
investment preparatory tasks, planning tasks and project implementation
1. Capital for investment preparatory tasks may be
allocated for covering costs of formulation of proposals for programs/projects
using ODA funds and/or foreign concessional loans; formulation, appraisal and
grant of decisions on investment policies for projects; formulation, appraisal
and grant of decisions on investment in projects.
2. Capital for planning tasks may be allocated for
covering costs of formulation and announcement of plannings and adjustments
thereto in accordance with provisions of the Law on Planning.
3. Capital used for implementing projects may be
allocated for covering costs of clearing project sites, making technical
designs, construction drawings, creating cost estimates for projects or work
items thereof, carrying out construction and other activities under project
approval decisions.
Article 59. Procedures for
formulation, approval and assignment of tasks of medium-term public investment
plans using state budget's capital
1. Prior to June 30 of the fourth year of a
medium-term public investment plan, the Prime Minister shall promulgate a
directive for formulation of the medium-term public investment plan for the
subsequent period.
2. Prior to July 31 of the fourth year of a
medium-term public investment plan, the Government shall submit principles,
criteria and norms for allocation of estimated medium-term public investment
capital in the subsequent period to the Standing Committee of National Assembly
for approval.
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4. Prior to December 31 of the fourth year of a
medium-term public investment plan, the Government shall estimate the state budget
balancing capability to allocate funding for development investment
expenditures in the subsequent period to specific Ministries, central and local
authorities, and the Prime Minister shall inform Ministries, central and local
authorities of total public investment capital in the subsequent period.
5. Prior to January 31 of the fifth year of the
previous medium-term public investment plan, provincial-level People’s
Committees shall get opinions from same-level People's Councils about the
contents specified in Article 52 herein, and send them to the Ministry of
Planning and Investment of Vietnam, Ministry of Finance of Vietnam for
consolidating and reporting to competent authorities.
6. In the year-end meeting held in the fifth year
of the National Assembly's tenure, the Government shall propose the medium-term
public investment plan for the subsequent period to the National Assembly to
get its opinions about the contents thereof specified in Article 52 herein.
7. According to opinions given by the previous
National Assembly, the Government shall present to the current National
Assembly in the first meeting the contents specified in Article 52 herein. The
National Assembly shall consider issuing its decision on the medium-term public
investment plan, including the following contents:
a) Objectives and orientations of medium-term
public investment of the state budget’s capital to be made on a nationwide
scale;
b) Total capital listed in medium-term public
investment plans using the state budget’s capital, including the capital
derived from both the central budget and local budget;
c) Total capital included in the medium-term public
investment plan derived from the central budget specific to sectors,
industries, estimate of capital amounts allocated to specific Ministries,
central authorities and dedicated additional funding transferred from the
central budget to each local budget.
The Government shall report the capital included in
the medium-term public investment plan derived from the central budget which is
yet to be allocated to the Standing Committee of National Assembly for
considering, deciding and reporting to the National Assembly in the upcoming
meeting;
d) Portfolio and investment capital of projects of
national significance and national target programs;
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8. The Prime Minister shall assign tasks of
medium-term public investment plans, including total capital and structure of
the central budget’s capital, to Ministries, central and local authorities;
portfolio and capital of public investment programs and projects, total capital
used for performing planning tasks, total capital used for performing
investment preparatory tasks and other public investment objects using the
central budget's capital.
9. Assignment of tasks of medium-term public
investment plans using local budget shall be subject to the following
provisions:
a) Pursuant to the National Assembly’s resolution
regarding medium-term public investment plans for the new period and the
resolution of the provincial-level People's Council regarding the 05-year
socio-economic development plan, the provincial-level People's Council shall
make a decision on medium-term public investment plan to be implemented at their
locality, including total capital of the medium-term public investment plan,
portfolio and capital allocated to specific projects, total capital used for
performing planning tasks, total capital used for performing investment
preparatory tasks, other public investment objects using the provincial
budget's capital and dedicated additional funding transferred to the inferior
budget, and shall send a report thereon to the Ministry of Planning and
Investment of Vietnam and the Ministry of Finance of Vietnam for consolidating
and reporting to the Government;
b) Pursuant to the resolution of the
provincial-level People’s Council regarding the medium-term public investment
plan, the district-level People’s Council shall make decision on the
medium-term public investment plan under its jurisdiction, including total
capital of the medium-term public investment plan, portfolio and the local
budget-derived capital allocated to specific projects, total capital used for
performing planning tasks, total capital used for performing investment
preparatory tasks, other public investment objects and dedicated additional
funding transferred to the inferior budget;
c) Pursuant to the resolution of the district-level
People’s Council regarding the medium-term public investment plan, the
commune-level People’s Council shall make decision on the medium-term public
investment plan under its jurisdiction, including total capital of the
medium-term public investment plan, portfolio and the local budget-derived
capital allocated to specific projects, total capital used for performing
planning tasks, total capital used for performing investment preparatory tasks,
other public investment objects;
d) Within the maximum period of 30 days after the
People’s Council promulgates the resolution on medium-term public investment
plan, the same-level People’s Committee shall assign tasks of the medium-term
public investment plan to their affiliated units, including total investment,
portfolio of programs and projects, and capital allocated to specific projects.
10. The Government shall elaborate on this Article.
Article 60. Procedures for
formulation, approval and assignment of tasks of annual public investment plans
using state budget’s capital
1. Prior to every May 15, the Prime Minister
promulgates regulations on formulation of socio-economic development plan and
preparation of subsequent-year state budget estimate under which this plan and
estimate must describe main objectives and orientations and assignment of tasks
to take control of formulating the subsequent-year public investment plan.
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3. In the year-end meeting of the People’s Council,
People’s Committee shall present the subsequent-year public investment plan,
including portfolio and capital allocated to specific projects, to the
same-level People’s Council.
4. In the year-end meeting of the National
Assembly, the Government shall propose subsequent-year public investment plans
to the National Assembly for its decision on public investment plans using
state budget’s capital intended for the subsequent year.
The Government shall arrange and allocate cost
estimates in respect of unallocated amounts in a timely, efficient and
effective manner that ensures compliance with regulations of law, and submit
quarterly reports thereon to the Standing Committee of National Assembly, and
also to the National Assembly at the upcoming meeting.
5. Before every November 30, the Prime Minister
shall assign tasks of public investment plans using the state budget’s capital
intended for the subsequent year in which total capital and structure of
capital have already been decided by the National Assembly to Ministries,
central and local authorities.
6. Before every December 31, Ministries, central
and local authorities shall organize the detailed allocation of the capital of
public investment plans derived from the central budget intended for the
subsequent year, portfolio and capital allocated to specific tasks and
projects, and shall send detailed allocation plans to the Ministry of Planning
and Investment of Vietnam and the Ministry of Finance of Vietnam for
consolidating and reporting to the Government and for monitoring purposes.
7. Assignment of tasks of annual public investment
plans using local budget shall be subject to the following provisions:
a) In the year-end meeting, the provincial-level
People’s Council shall decide the subsequent-year public investment plan under
its jurisdiction, including portfolio and capital allocated to specific
projects;
b) In the year-end meeting, the district- and
commune-level People’s Councils shall decide the subsequent-year public
investment plans under their jurisdiction, including portfolio and capital
allocated to specific projects;
c) Before every December 31, the People's Committee
at any level shall assign tasks of subsequent-year public investment plan to
their affiliated units.
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9. The Government shall elaborate on this Article.
Article 61. Principles of
selection of project portfolio, estimation of capital allocated to specific
programs, tasks and projects listed in medium-term and annual public investment
plans using state budget’s capital
1. These activities shall be subject to regulations
laid down in Article 54, 55, 56, 57 and 58 herein.
2. Corresponding to capabilities of balancing state
budget capital mentioned in medium-term and annual public investment plans,
estimating capabilities of calling for other funding sources for use in
projects using multiple investment capital sources. Regarding projects using
ODA funds and/or foreign concessional loans, conforming to the capacity and
progress of completion of investment procedures, negotiation and signing of international
conventions or loan agreements.
3. These activities have to fall within programs
and tasks covered by the state budget's capital for development investment
expenditures which have already been approved.
4. Conforming to principles, criteria and norms of
allocation of the state budget’s capital for development investment
expenditures during the plan period.
5. Capital allocated to a specific program or
project is not allowed to exceed the approved total investment capital of that program
or project.
6. In respect of local budgets, in addition to the
abovementioned principles, corresponding to capabilities of balancing the local
budget’s revenues and expenditures, medium-term and annual public investment
plans, capabilities of calling for other funding sources for use in projects
using multiple investment capital sources, and falling within programs and
tasks covered by the local budget's capital for development investment
expenditures which have already been approved.
Article 62. Formulation,
appraisal, approval and assignment of tasks of medium-term and annual plans of
capital derived from legitimate revenues of state regulatory authorities and
public service units retained for investment purposes
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2. Ministries, central authorities and People’s
Committees at any level shall be responsible for appraising, approving and
assigning tasks of annual capital plans, approving adjustments in annual plans
of capital derived from legitimate revenues of state regulatory authorities and
public service units retained for investment purposes in order to ensure that
such capital falls within actual capabilities for use as capital expenditures
in accordance with relevant laws.
3. Medium-term and annual public investment plans
using legitimate revenues of state regulatory authorities and public service
units retained for investment purposes shall be independent of medium-term and
annual public investment plans using the state budget's capital.
4. Ministries, central authorities and
provincial-level People’s Committees shall be responsible for consolidating
medium-term and annual public investment plans using legitimate revenues of
state regulatory authorities and public service units retained for investment
purposes, and submitting them to the Ministry of Planning and Investment of
Vietnam and the Ministry of Finance of Vietnam for consolidating and making
representations to the Government and National Assembly.
5. The Government shall elaborate on this Article.
Chapter IV
FORMULATION, APPRAISAL
OF AND DECISION ON INVESTMENT POLICIES, DECISION ON INVESTMENT IN PUBLIC
INVESTMENT PROGRAMS AND PROJECTS USING ODA FUNDS AND/OR FOREIGN CONCESSIONAL
LOANS, MANAGEMENT OF PLANS OF INVESTMENT CAPITAL DERIVED FROM ODA FUNDS AND/OR
FOREIGN CONCESSIONAL LOANS
1. Proposal for programs/projects using ODA
funds and/or foreign concessional loans applies to:
a) Public investment programs/projects using ODA
funds and/or foreign concessional loans;
b) Investment projects using ODA grants in the
national defense, security and religion fields;
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2. Investment projects using ODA grants other than
those specified in point b clause 1 of this Article are exempted from the
project proposal requirement.
3. Procedures and processes for formulation and
approval of proposals for public investment programs/projects using ODA funds
and/or foreign concessional loans are regulated as follows:
a) Ministries, central and local authorities shall
organize preparation of proposals for public investment programs or project
proposals, and send them to the Ministry of Planning and Investment of Vietnam
and the Ministry of Finance.
Where a state-owned enterprise or an enterprise
belonging to this state-owned enterprise is assigned by the Prime Minister to
implement a public investment project, the preparation of proposal for public
investment program or project using ODA funds and/or foreign concessional loans
shall be subject to the Government’s regulations;
b) The Ministry of Finance of Vietnam presides over
identifying grant elements, assessing impacts of ODA and foreign concessional
loans with respect to debt safety ratios, and determining the domestic
financial mechanism, and submitting reports thereon to the Prime Minister in
accordance with the Law on Public Debt Management;
c) The Ministry of Planning and Investment of Vietnam
shall consolidate opinions given by relevant Ministries, central and local
authorities and assess the necessity of public investment program and projects;
their relevance to orientations for attraction, management and use of ODA funds
and/or foreign concessional loans over periods of time; carry out preliminary
assessment of feasibility, socio-economic efficiency and environmental impacts
(if any), and choose to present appropriate public investment programs and
projects to the Prime Minister of Vietnam to seek his decision;
d) Based on reports submitted by the Ministry of
Finance of Vietnam and the Ministry of Planning and Investment of Vietnam, the
Prime Minister shall consider granting approval of proposals for public
investment programs and projects using ODA funds and/or foreign concessional
loans, including the following main contents: name of the public investment
program or project; donor; objectives; estimated total amount of ODA funds
and/or foreign concessional loans; domestic financial mechanism (full
disbursement, full on-lending, partial disbursement and partial on-lending);
portfolio of projects belonging to the public investment program using ODA
funds and/or foreign concessional loans (if any).
4. A proposal for public investment program or
project using ODA funds and/or foreign concessional loans shall be adjusted in
the following cases:
a) There are changes in the main contents of the
program or project which have been approved by the Prime Minister, including:
name of the project, donor, objectives or financial mechanism of the program or
project;
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5. The Government shall provide for documentation
requirements, contents and criteria for selection and approval of proposal
proposals; procedures and processes for adjusting programs and projects using
ODA funds and/or foreign concessional loans.
Article 64. Investment
policies for public investment programs/projects using ODA funds and/or foreign
concessional loans
1. Authority to issue decisions on investment
policies for programs and projects shall be subject to provisions of Article 18
herein.
2. Requirements for granting investment policy
decisions include:
a) Those requirements laid down in clauses 1, 2, 3,
4 and 5 f Article 19 herein;
b) Orientations for attraction, management and use
of ODA funds and/or foreign concessional loans over periods of time;
c) Conformity with the Prime Minister’s decisions
on approval of program/project proposals;
d) Relevance to capability of calling for ODA funds
and/or foreign concessional loans specified in the letter of interest or
written commitment to give assistance from development partner; regulations
adopted by the foreign donor.
3. Procedures and processes for granting decisions
on investment policies for programs/projects shall be subject to provisions of
Articles 20, 23, 24, 25, 26, 27, 28, 29 and 30 herein.
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a) The contents specified in Articles 33, 34 and 35
herein;
b) Capability of calling for ODA funds and/or
foreign concessional loans;
c) Domestic financial mechanism (full disbursement,
full on-lending, partial disbursement and partial on-lending).
5. Sources of capital and capital balancing
capacity:
a) Regarding ODA funds and/or foreign concessional
loans, competent authorities shall consider granting decisions on investment
policies for programs/projects on the basis of appraisal opinions about sources
of capital and capital balancing capacity as prescribed in clause 5 Article 36
herein;
b) Regarding reciprocal capital, provisions of
Article 36 and clause 4 Article 54 herein shall apply.
6. Documentation requirements for, contents and
time of appraisal and grant of decisions on investment policies for projects
shall be subject to the Government’s regulations.
7. Adjustment of investment policies for
programs/projects using ODA funds and/or foreign concessional loans:
a) Such adjustment shall be subject to provisions
of Article 37 herein;
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8. Authority to give approval for projects on
technical assistance for making preparations for investment projects and
engaging in regional or global cooperation projects:
a) Ministers, heads of central authorities shall
consider approving technical assistance projects using ODA funds and/or foreign
concessional loans for making preparations for investment projects under their
jurisdiction;
b) Provincial-level People's Committees shall consider
approving technical assistance projects using ODA funds and/or foreign
concessional loans for making preparations for investment projects under their
jurisdiction;
c) Grant of decisions on policies for engagement in
regional or global cooperation projects shall be subject to the Government’s
regulations.
Article 65. Decision on
investment in programs/projects using ODA funds and/or foreign concessional
loans
1. Authority to issue decisions on investment in
programs and projects shall be subject to provisions of Article 38 herein.
2. Bases for formulation, appraisal and grant of
decisions on investment include:
a) The contents specified in Article 39 herein;
b) Project proposal and investment policies that
have already been decided by competent authorities;
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3. Procedures and processes for granting decisions
on investment in programs/projects:
a) Procedures and processes for granting decisions
on investment in programs/projects shall comply with provisions of Article 40,
41, 42 and 43 herein;
b) Urgent projects, investment projects using ODA
grants shall be subject to provisions of Article 45 herein.
4. Contents of feasibility study reports of
programs and projects include:
a0 Those contents specified in Article 47 herein;
b) Capability of calling for ODA funds and/or
foreign concessional loans;
c) Domestic financial mechanism.
5. Documentation requirements for grant of
decisions on projects, contents of, time of appraisal and grant of decisions on
programs/projects shall be subject to the Government’s regulations.
6. Adjustment of programs/projects using ODA funds
and/or foreign concessional loans shall be subject to provisions of Article 46
herein.
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1. Procedures and processes for ceasing use of ODA
funds and/or foreign concessional loans in case the subject program or project
is yet to be executed are regulated as follows:
a) If the proposal for a program/project has been
approved while investment policies for that program/project are yet to be
approved, the governing body shall petition the Prime Minister to consider
granting a decision on invalidation of that program/project proposal;
b) If the investment policies for a program/project
have been approved while a decision on investment in that program/project is
yet to be issued, the competent authority making a decision on investment
policies for that program/project shall consider granting a decision to
terminate the project, assume responsibility for its decision and submit a
report thereon to the Prime Minister;
c) If a decision on investment in a program/project
has been issued, the competent authority issuing that decision shall consider
granting a decision to terminate that program/project, assume responsibility
for its decision and submit report thereon to the competent authority approving
investment policies for that program/project and to the Prime Minister;
d) If a decision on investment policies for a
project of national significance using ODA funds and/or foreign concessional
loans has been issued by the National Assembly, the Government shall submit
reports to petition the National Assembly to consider issuing a decision to
terminate that project.
2. Procedures and processes for ceasing use of ODA
funds and/or foreign concessional loans in the stage of execution of a project
are regulated as follows:
a) The governing body shall submit a report to the
Prime Minister on ceasing use of ODA funds and/or foreign concessional loans;
such report must indicate the reasons, responsibility to pay costs, capability
of arranging other legitimate sources of capital and other contents (if any);
b) The Prime Minister shall consider granting a
decision to cease using ODA funds and/or foreign concessional loans;
c) Pursuant to the decision issued by the Prime
Minister, the Ministry of Finance of Vietnam shall follow procedures for
ceasing use of ODA funds and/or foreign concessional loans with the foreign
donor;
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dd) In case the governing body re-approves the
project using domestic capital sources in order to execute unfinished
investment items of the project using ODA funds and/or foreign concessional
loans without satisfying binding requirements imposed by the donor under the
international treaty or loan agreement, procedures and processes for
formulation, appraisal and approval of investment policies, decision on
investment in the project shall be subject to provisions herein applicable to
projects using domestic capital sources;
e) In case the governing body carries out approval
of adjustment of the project using ODA funds and/or foreign concessional loans,
adjustment of the structure of domestic and foreign capital in order to execute
unfinished investment items of the project, procedures and processes for
formulation, appraisal and approval of investment policies, decision on
investment in the project shall be subject to provisions herein.
3. Documentation requirements for, contents and
time of granting decisions to cease using ODA funds and/or foreign concessional
loans shall be subject to the Government’s regulations.
Article 67. Principles,
requirements, procedures and processes for formulation, appraisal, approval and
assignment of tasks of public investment plans; time for allocation of capital
plans; methods for disbursement of capital to programs/projects using ODA funds
and/or foreign concessional loans
1. Principles, requirements, procedures and
processes for formulation, appraisal, approval and assignment of tasks of
public investment plans shall be subject to provisions of Chapter III herein.
2. The period for allocation of planned foreign
capital and reciprocal capital of a project using ODA funds and/or foreign
concessional loans, excluding the time for investment preparation and time for
preparation of final accounts for the project, shall not exceed the
disbursement period defined in the international treaty or agreement on ODA
funds or foreign concessional loans and regulations on the disbursement period
adopted by the foreign donor, including adjustment or extension thereof.
3. The planned foreign capital of a program or
project using ODA funds and/or foreign concessional loans which is fully
disbursed by the central budget and derived from on-lent capital of the local
budget shall be disbursed according to the annual state budget estimates,
irrespective of the disbursement and on-lending ratios.
The Government shall elaborate this clause.
Chapter V
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Section 1. IMPLEMENTATION OF
PUBLIC INVESTMENT PLANS
Article 68. Administration of
public investment plans
1. Pursuant to the National Assembly’s resolution
regarding medium-term and annual public investment plans, the Government shall regulate
measures to take control of and implement these plans.
2. Pursuant to the National Assembly’s resolution,
the competent authority’s decision on assignment of planned tasks and the
resolution of the People’s Council at any level regarding medium-term and
annual public investment plans, Ministries, central and local authorities,
district-level, commune-level People's Committees and other agencies/units
using public investment capital shall make their decisions on measures to take
control of administering public investment plans funded by funding sources
under their respective management.
3. The Prime Minister may coordinate and integrate
funding sources intended for implementation of investment programs using the
state budget’s capital of Ministries, central and local authorities, agencies
and units using public investment capital provided that objectives of
investment programs remain unchanged.
4. The Chairperson of the provincial-level People’s
Committee may decide to coordinate and integrate funding sources intended for
implementation of programs and projects using the local budget’s capital and
other borrowings of the local budget for investment purposes provided that
objectives of programs and projects remain unchanged.
Article 69. Enforcement of public
investment plans
1. Ministries, central and local authorities,
district-level and commune-level People’s Committees shall assume the following
responsibilities:
a) Inform or decide assignment of tasks of public
investment plans to their agencies and units using public investment capital;
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2. Agencies and units using public investment
capital shall be obliged to send senior competent authorities review reports on
implementation of public investment plans under the Government’s regulations.
3. The Ministry of Planning and Investment of
Vietnam and specialized agencies in charge of public investment shall be
responsible for checking and expediting assignment of planned tasks and
enforcement of public investment plans under the senior competent authority's
regulations.
Article 70. Implementation of
public investment plans
1. Ministries, central and local authorities,
district-level and commune-level People’s Committees, agencies and units using
public investment capital shall assume the following responsibilities:
a) Take charge of carrying out public investment
plans to meet objectives already decided by competent authorities;
b) Implement investment projects according to the
schedule and budget plan already decided by competent authorities;
c) Plan and organize contractor selection with
respect to packages belonging to projects funded according to public investment
plans already obtaining the competent authority’s decision;
d) Carry out the commissioning and acceptance
testing, make payments for and final accounts as agreed upon in contracts with
respect to packages already completed and transferred to put these projects in
operation;
dd) Balance funding sources to repay outstanding
debts accruing from capital construction as provided in clause 6 Article 103
herein;
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g) Monitor, inspect and assess implementation of
public investment plans.
2. The Ministry of Planning and Investment of
Vietnam shall provide instructions for, monitor and inspect implementation of
medium-term and annual public investment plans of Ministries, central
authorities and provincial-level People’s Committees.
3. The Ministry of Finance of Vietnam shall ensure
allocation of a full amount of the central budget’s capital specified in public
investment plans already decided by competent authorities.
4. The Government shall adopt specific regulations
on implementation of public investment plans.
Article 71. Adjustment of
public investment plans
1. The National Assembly shall decide to make
overall adjustment of medium-term and annual public investment plans using the
state budget’s capital:
a) due to any adjustment in the national
socio-economic development strategy and plan;
b) due to any sudden change in the state budget
balance or capacity for calling for funds of different sources.
2. The Standing Committee of National Assembly
shall decide to adjust annual public investment plans using the central
budget’s capital to ensure the concordance between those of Ministries, central
and local authorities if total annual investment capital already decided by the
National Assembly is kept unchanged.
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a) Adjust medium-term public investment plans using
the central budget’s capital to ensure the concordance between those of
Ministries, central and local authorities if total medium-term capital decided
by the National Assembly is not exceeded, the efficiency in capital use is
ensured, and a report on such adjustment shall be submitted to the National
Assembly at the upcoming meeting;
b) Make internal adjustment of medium-term public
investment plans using the central budget’s capital and make adjustment thereof
to ensure concordance between sector- and industry-specific plans and programs
of Ministries, central and local authorities if total medium-term capital of
each Ministry, central or local authority decided by the National Assembly is
kept unchanged.
4. The Ministry of Planning and Investment of
Vietnam shall assume the following responsibilities:
a) Submit reports to request the Government to seek
the Standing Committee of National Assembly’s decision on adjustment of annual
public investment plans using the central budget’s capital to ensure
concordance between these plans of Ministries, central and local authorities;
b) Submit reports to seek the Prime Minister’s
decision on adjustment of medium-term public investment plans using the central
budget’s capital to ensure concordance between those of Ministries, central and
local authorities; on internal adjustment of medium-term public investment
plans using the central budget’s capital and make adjustment thereof to ensure
concordance between sector- and industry-specific plans and programs of
Ministries, central and local authorities.
5. Ministers and Heads of central authorities shall
have the following powers and responsibilities:
a) Adjust annual public investment plans using the
central budget's capital to ensure concordance between projects included in the
list of medium-term public investment plans decided by competent authorities
provided that total investment capital assigned by competent authorities under
such plans will not be exceeded;
b) Send reports to the Ministry of Planning and
Investment of Vietnam and the Ministry of Finance of Vietnam for consolidating
and monitoring purposes with respect to the central budget’s capital.
6. Each provincial-level People’s Committee shall
have the following powers and responsibilities:
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b) Send reports to the Ministry of Planning and
Investment of Vietnam and the Ministry of Finance of Vietnam for consolidating
and monitoring purposes with respect to dedicated additional funding
transferred from the central budget.
7. The People’s Council at any level shall decide
to adjust medium-term and annual public investment plans using the local
budget’s capital:
a) due to any adjustment in objectives of local
socio-economic development plans;
b) due to any sudden change in the local budget
balance or capacity for calling for funds of different sources at localities;
c) due to any change in demands for or capacity for
making investment of annual planned capital of local agencies and units.
8. The People’s Committee at any level shall have
the following powers and responsibilities:
a) Adjust medium-term public investment plans using
local budget’s capital to ensure concordance between those of agencies and
units under their jurisdiction to whom planned capital is allocated provided
that total investment capital assigned by the same-level People’s Council in
medium-term public investment plans will not be exceeded, and submit a report
on such adjustment to the same-level People’s Council at the upcoming meeting;
b) Adjust medium-term and annual public investment
plans using the local budget’s capital to ensure concordance between tasks and
projects of agencies and units under their jurisdiction to whom planned capital
is allocated provided that total capital decided by the same-level People’s
Council will not be exceeded.
9. The Government shall adopt specific regulations
on processes and procedures for adjustment of medium-term and annual public
investment plans using the state budget’s capital.
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1. Implementation and disbursement of capital of
annual public investment plans shall last till January 31 of the subsequent
year. If an additional amount of capital is allocated by a competent authority
to a Ministry, central or local authority after September 30 of the plan year
for performing tasks, programs and projects, implementation and disbursement of
such additional capital may last till December 31 of the subsequent year.
2. The time for implementation and disbursement of
capital defined in annual public investment plans may be extended but not later
than December 31 of the subsequent year, subject to decision issued by the
Prime Minister(with respect to capital derived from the central budget) or by
Chairperson of the People’s Committee at any level (with respect to capital derived
from their local budget’s capital), in the following cases:
a) Projects of national significance;
b) Projects on compensation, support, residential
resettlement and site clearance;
c) A project that is eligible for planned capital
allocation for being finished and put into use in the plan year but the plan
for capital allocation in the subsequent year is not available;
d) Projects whose implementation schedule is
affected by natural disasters, conflagration, epidemics or other objective
causes which are unforeseeable and cannot be remedied;
dd) Projects of representative missions and other
missions of Vietnam in foreign countries;
e) A Ministry, central or local authority only has 01
project in the plan year or adjustment of the plan cannot be carried out;
g) Other necessary or urgent cases, subject to the
Prime Minister’s decision.
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4. Ministers, heads of central government authorities,
and Chairpersons of People’s Committees at all levels shall decide to extend
the time for implementation and disbursement of capital derived from legitimate
revenues of state regulatory authorities and public service units retained for
investment purposes under their management, except those public service units
prescribed in clause 3 of this Article.
Section 2. MONITORING,
ASSESSMENT, AUDIT AND SUPERVISION OF PUBLIC INVESTMENT PLANS, PROGRAMS AND
PROJECTS
Article 73. Monitoring and
inspection of public investment plans
1. Specialized agencies in charge of public
investment shall take charge of monitoring and inspecting public investment
plans under their management.
2. Subject matters of monitoring and inspection of
public investment plans:
a) Review of implementation of provisions of the
Law on public investment;
b) Formulation, approval and assignment of tasks of
public investment plans;
c) Formulation, appraisal, approval and
implementation of programs and projects listed in public investment plans;
d) Review of implementation of public investment
plans;
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Article 74. Assessment of
public investment plans
1. Medium-term public investment plans shall be
subject to the assessment made during and at the end of the plan period.
2. Annual public investment plans shall be subject
to the assessment made on an annual and quarterly basis.
3. Subject matters of the assessment of a public
investment plan shall include:
a) Level of attainment of objectives compared to
those defined in the public investment plan already approved by competent
authorities;
b) Impacts of the public investment plan on
attraction of investments from other funding sources and socio-economic
development outcomes;
c) Feasibility of the public investment plan;
d) Review of public investment management;
dd) Difficulties and problems; causes of
difficulties and problems arising from implementation of the public investment
plan and recommended solutions;
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Article 75. Monitoring and
inspection of programs and projects
1. Governing bodies, program and project owners,
persons competent to make decisions on investment in programs and projects and
state regulatory authorities in charge of public investment shall carry out the
monitoring and inspection of the entire process of investment in these programs
and projects with respect to approved subject matters and items of monitoring
and inspection in order to ensure fulfillment of investment objectives and
investment efficiency.
2. Inspection of programs and projects shall be
carried out under the following regulations:
a) The program or project owner shall inspect the
program or project under their delegated authority;
b) Governing body and person competent to make
investment decision shall carry out at least one inspection of the program or
project with the duration of implementation thereof which is more than 12 months;
c) Governing body and person competent to make
investment decision shall carry out the inspection when any adjustment to the
program or project may result in any change in location, objectives or
structure of capital sources, or any increase in the total investment, and as
otherwise necessary;
d) State regulatory authorities in charge of public
investment shall decide to carry out the planned or unplanned inspection of
programs and projects.
Article 76. Assessment of
programs and projects
1. Assessment of programs and projects may be
classified into initial assessment, midterm or stage-by-stage assessment, final
assessment, impact assessment and ad-hoc assessment.
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3. Projects of national significance and group-A
projects shall be subject to the initial assessment, midterm assessment, final
assessment and impact assessment.
4. Group-B and group-C projects shall be subject to
the final assessment and impact assessment.
5. Notwithstanding provisions laid down in clauses
2, 3 and 4 of this Article, governing bodies, persons competent to make
investment decisions and state regulatory authorities in charge of public investment
shall be entitled to decide other assessment provided for in clause 1 of this
Article where necessary.
Article 77. Subject matters of
assessment of programs and projects
1. The initial assessment shall address:
a) Preparation, arrangement and mobilization of
resources for implementation of the program or project to ensure conformity
with the approved objectives and schedule;
b) Difficulties and unsolved issues that may arise
in comparison with those arising on the date of approval of the program or project;
c) Recommended measures to deal with these
difficulties and unsolved issues in line with actual conditions.
2. The midterm or stage-by-stage assessment shall
address:
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b) Level of completion of workloads determined till
the assessment date compared with that specified in the approved plan;
c) Recommended measures, including adjustments to
the program or project.
3. The final assessment shall address:
a) Process of implementation of the program or
project, including: management of implementation of the program or project;
fulfillment of objectives of the program or project; mobilized resources;
benefits that beneficiaries gain from the program or project; impacts and sustainability
of the program or project;
b) Lessons learned from the process of
implementation of the program or project and useful advice; responsibilities of
consulting organizations, governing bodies, program or project owner, persons
competent to grant decisions on investment policies, investment decisions and
other authorities, organizations and individuals involved.
4. The impact assessment shall address:
a) Review of current economic - engineering
operational conditions;
b) Socio-economic impacts;
c) Environmental and biological impacts;
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dd) Lessons learned from investment policies,
investment decisions, implementation and operation of the program or project;
responsibilities of consulting organizations, governing bodies, program or
project owner and persons competent to grant decisions on investment policies,
investment decisions and other authorities, organizations and individuals
involved.
5. The ad-hoc assessment shall address:
a) Consistency of outcomes of the program or project
determined at the assessment date with investment objectives;
b) Level of completion of workloads determined till
the assessment date compared with that specified in the approved plan;
c) Determination of issues arising unexpectedly (if
any), causes thereof and responsibilities of authorities, organizations and
individuals involved;
d) Impacts and extent of impacts of issues arising
unexpectedly on implementation of the program or project, and capabilities of accomplishing
objectives defined in the program or project;
dd) Recommended solutions.
6. The Government shall adopt regulations on
methods and criteria for assessment of effectiveness in investment in public
investment programs and projects.
Article 78. Public investment
supervision
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2. Governing bodies must refer and respond to and
seriously take opinions of inhabitants living at or near project sites as to
the decision on investment in projects of national significance, group-A
projects, those projects associated with a large scale of residential mobility,
resettlement and agricultural resettlement, those projects posing risks of
causing huge environmental impacts, those projects directly impacting
socio-economic lives of communities at or near project sites in terms of
investment guidelines, policies on investment, construction, land, waste
treatment and environmental protection, compensation, site clearance and
agricultural and residential resettlement plans as per law.
3. The public supervision shall focus on:
a) Compliance with law on investment, construction,
land, waste treatment and environmental protection;
b) Compensation, site clearance and agricultural
and residential resettlement plans that assure rights and interests of the
People;
c) Programs or projects partially funded by the
public capital participation;
d) Implementation and progress of programs or
projects;
dd) Public disclosure and transparency of public
investments as prescribed in Article 15 herein;
e) Discovery of acts that may harm public benefits;
negative impacts of a project on the living environment of the public during
the period of investment in and operation of that project; activities that
inflict any loss and waste of capital and assets of a project.
Article 79. Procedures and
processes for public supervision
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a) Preparing annual plans for the public
supervision over programs and projects implemented at localities as prescribed
in clause 3 Article 78 herein;
b) Establishing a public investment supervision
commission in charge of each program or project;
c) Informing the program or project owner and
management unit about supervision plans and the composition of the public
investment supervision commission at least 45 days before the supervision
commences.
2. Program or project owners and management units
shall assume the following responsibilities:
a) Provide documents related to implementation of
programs and projects under the provisions of clause 2 Article 78 herein on an
adequate, truthful and timely manner to the public investment supervision
commission;
b) Enable the public investment supervision
commission to carry out supervision activities in accordance with law;
c) Take public opinions seriously and strengthen
measures to implement projects.
Article 80. Implementary
responsibilities for monitoring, inspection and assessment of plans, programs
and projects
1. Program/project owners shall take charge of
carrying out the monitoring, inspection, initial, midterm and final assessment
of programs and projects.
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3. Authorities and organizations in charge of
assessment tasks may carry out self-assessment or hire other experts or
qualified and competent consultants to provide assessment services.
4. The Government shall adopt detailed regulations
on the monitoring, inspection and assessment of plans, programs and projects
and public investment supervision.
Chapter VI
DUTIES, POWERS AND
RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS AND INDIVIDUALS INVOLVED IN
PUBLIC INVESTMENT ACTIVITIES
Article 81. Duties and powers
of National Assembly
1. Promulgate laws and resolutions regarding public
investment.
2. Issue decisions on investment policies for national
target programs and projects of national significance using public investment
capital.
3. Make decisions on medium-term and annual public
investment plans, and overall adjustments thereto.
4. Adjust criteria for classification of projects
of national significance.
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Article 82. Duties and powers
of Standing Committee of National Assembly
1. Promulgate principles, criteria and norms for
allocation of public investment capital derived from state budget.
2. Make decisions to adjust criteria for
classification of public investment projects prescribed in Articles 9, 10 and
11 herein.
3. Make decisions to adjust annual public
investment plans using the central budget’s capital to ensure the concordance
between those of Ministries, central and local authorities provided that total
annual investment capital already decided by the National Assembly is kept
unchanged.
4. Make decisions to provide additional state
budget estimates and allocate planned annual public investment capital using
increase in revenues and unused amount of planned funding for expenditures of
the central budget to Ministries, central and local authorities.
5. Make decisions to allocate the unallocated
amounts of the capital defined in medium-term public investment plans using the
central budget’s capital.
6. Make decisions to allocate the central budget’s
general provisions for medium-term public investment plans to implement other
tasks, projects and objects of public investment when there are sufficient
funds.
Article 83. Duties and powers
of Government
1. Carry out the consistent state management of
public investment.
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3. Promulgate legislative documents on management
of public investment under its jurisdiction.
4. Provide for management of performance of
investment preparatory tasks, planning tasks and public investment projects
without construction constituents; provide for management of implementation of
public investment programs and projects using ODA funds and/or foreign
concessional loans.
5. Recommend the National Assembly to grant
decisions on investment policies for national target programs and projects of
national significance.
6. Make decisions on investment policies for public
investment programs under its jurisdiction as prescribed in this Law.
7. Formulate medium-term and annual public
investment plans for submission to the National Assembly to seek its decision
or approval of overall adjustments thereto.
8. Formulate annual public investment plans for
submission to the Standing Committee of National Assembly to seek its decision
or approval of overall adjustments thereto, provided that total annual
investment capital already decided by the National Assembly is kept unchanged.
9. Preside over implementation of medium-term and
annual public investment plans. Make decisions to allocate and assign detailed
estimates of the unallocated amounts of the capital defined in annual public
investment plans using the central budget’s capital.
10. Submit review reports to the National Assembly
on implementation of medium-term and annual public investment plans, national
target programs and projects of national significance.
11. Take charge of carrying out the inspection and
audit of implementation of medium-term and annual public investment plans;
inspect implementation of programs and projects using the central budget’s
capital, legitimate revenues that state regulatory authorities, public service
units retain for investment purposes, and the inspection of implementation of
public investment objectives and policies at localities.
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1. Make decisions on investment policies for,
decisions on investment in projects under his jurisdiction as prescribed in
this Law.
2. Assign tasks of medium-term and annual public
investment plans using the state budget’s capital, state budget estimates and
plans for public investment capital derived from increase in revenues and
unused amount of planned funding for expenditures of the central budget to
Ministries, central and local authorities.
3. Make decision to assign a Provincial-level
People’s Committee to act as the governing body in charge of implementing the project
involving at least 02 provincial-level administrative divisions.
4. Make decisions to adjust medium-term public
investment plans using the central budget’s capital to ensure the concordance
between those of Ministries, central and local authorities provided that total
medium-term investment capital already decided by the National Assembly will
not be exceeded.
5. Make internal adjustment of medium-term public
investment plans using the central budget’s capital and make adjustment thereof
to ensure concordance between sector- and industry-specific plans and programs
of Ministries, central and local authorities if total medium-term capital of
each Ministry, central or local authority decided by the National Assembly will
not be exceeded.
Article 85. Duties and powers
of Ministry of Planning and Investment
The Ministry of Planning and Investment of Vietnam
shall act as a presiding body assisting the Government in carrying out the
state management of public investment, and shall have the following duties and
powers:
1. Promulgate or petition competent authorities to
promulgate legislative documents related to public investment, distribution and
use principles, criteria and norms of public investment capital;
2. Preside over and cooperate with the Ministry of
Finance of Vietnam in reporting to the Government on determination of the state
budget’s funding for investment expenditures for national investment activities
in the specific sectors and industries which are defined in medium-term and
annual public investment plans;
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4. Consolidate adjustments to national medium-term
public investment plans for submission to the Prime Minister; submit
adjustments to national medium-term and annual public investment plans to the
Government and the Prime Minister for considering and reporting to the National
Assembly or the National Assembly Standing Committee to seek their decision
within its jurisdiction as prescribed in Article 71 herein;
5. Preside over and cooperate with relevant
authorities in carrying out the appraisal of funding sources and capital
balancing capability in accordance with Article 36 herein;
6. Request competent authorities to promulgate
general provisions on management of national target programs; consolidate and
request competent authorities to decide and assign medium-term and annual
public investment objectives, tasks and plans using the central budget’s
capital defined in national target programs;
7. Take charge of carrying out, monitoring,
inspecting, supervising, assessing and auditing plans, programs and projects
and other tasks of state management related to public investment.
Article 86. Duties and powers
of Ministry of Finance
1. Cooperate with the Ministry of Planning and
Investment of Vietnam in performing duties and powers prescribed in Article 85
herein.
2. Cooperate with the Ministry of Planning and
Investment of Vietnam in reporting to the Government on determination of the
state budget’s funding for investment expenditures for the national investment
activities in the specific sectors and industries which are defined in
medium-term and annual public investment plans.
3. Preside over recommending competent authorities
to adopt or adopt, within its jurisdiction, regulations on managing, paying and
making final accounts of costs incurred from projects using public investment
capital.
4. Report to the Government on disbursement of
capital to, and final accounts of costs incurred from, programs and projects.
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1. Perform the function of state management of
public investment in accordance with law.
2. Adopt, provide instructions about, inspect and
supervise implementation of technical standards, regulations and
technical-economic norms.
3. Preside over and cooperate with relevant authorities
in carrying out the appraisal of funding sources and capital balancing
capability of projects as provided in Article 36 herein.
4. Grant decisions on investment policies for
projects as per clause4 Article 18 herein and decisions on investment in
projects as per clause 2 Article 38 herein.
5. Take charge of formulating public investment
plans.
6. Carry out the monitoring, assessment,
supervision, inspection and audit of implementation of plans, programs and
projects under their respective jurisdiction.
7. Submit reports on implementation and outcomes of
plans, programs and projects.
8. Cooperate with Ministries, central and local
authorities in carrying out plans, programs and projects within their assigned
duties and under their delegated powers.
Article 88. Duties and powers
of People’s Councils at all levels
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2. Review and give opinions on medium-term and
annual public investment plans of localities, including portfolios and capital
allocated to specific projects using dedicated additional funding transferred
from the central budget.
3. Make decisions on investment in medium-term and annual
public investment plans of localities, including portfolios and capital
allocated to specific projects using the local budget's capital.
4. Supervise projects using public investment
capital assigned to be put under the control of localities, including the
central budget’s capital, the local budget’s capital, legitimate revenues that
state regulatory authorities and public service units retain for investment
purposes under the management of these localities.
Article 89. Duties and powers
of provincial-level People’s Committees
1. Perform the function of state management of
public investment made at localities falling within their remit in accordance
with law.
2. Petition provincial-level People's Councils to:
a) Make decisions on investment policies for
programs and projects under their jurisdiction as prescribed in this Law.
b) Review and give opinions on investment policies
for projects under the authority to grant decisions on investment policies
delegated to the Prime Minister as provided in this Law;
c) Consider granting decisions on medium-term and
annual public investment plans based on portfolios and capital allocated to
specific projects falling within their remit.
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4. Adjust medium-term public investment plans using
local budget’s capital to ensure concordance between those of agencies and units
under their jurisdiction to whom planned capital is allocated provided that
total investment capital assigned by the same-level People’s Council in
medium-term public investment plans will not be exceeded, and submit report on
such adjustment to the same-level People’s Council at the upcoming meeting.
5. Adjust medium-term and annual public investment
plans using the local budget’s capital to ensure concordance between tasks and
projects of agencies and units under their jurisdiction to whom planned capital
is allocated provided that total capital decided by the same-level People’s
Council will not be exceeded.
6. Take charge of carrying out, monitoring,
assessing, supervising and inspecting plans, programs and projects under their
jurisdiction; cooperate with Ministries and central authorities in carrying
out, monitoring, inspecting and assessing programs and projects in their
provinces.
7. Chairperson of each provincial-level People’s
Committee shall perform the following duties and powers:
a) Make decisions on investment in projects under
his/her jurisdiction as prescribed in this Law;
b) Authorize his/her deputies, Chairpersons of
district-level People’s Committees or heads of specialized agencies to make
decision on investment in group-B and group-C projects under the
provincial-level authority;
c) Make decision to assign a district-level
People’s Committee to act as the governing body in charge of implementing the
project involving at least 02 district-level administrative divisions.
Article 90. Duties and powers
of district- or commune-level People’s Committees
1. Take charge of preparing medium-term and annual
public investment plans under their jurisdiction.
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3. Petition same-level People's Councils to:
a) Issue decisions on investment policies for
public investment programs using the local budget’s capital, including
dedicated additional funding transferred from the superior budget;
b) Make decisions on medium-term and annual public
investment plans using the local budget’s capital under their jurisdiction.
4. Make decisions on investment policies for
projects falling under their jurisdiction as prescribed in this Law, and submit
reports thereon to the same-level People’s Councils at the upcoming meeting.
5. Take charge of carrying out, monitoring,
inspecting, assessing and auditing plans, programs and projects and other tasks
of state management related to public investment that fall within their jurisdiction;
cooperate with relevant authorities and organizations in carrying out,
monitoring, inspecting and assessing programs and projects in localities.
6. Chairpersons of district- or commune-level
People’s Committees shall make decisions on investment in projects under their
jurisdiction as prescribed in this Law.
Article 91. Duties and powers
of Vietnam Fatherland Front Committee
1. Preside over public investment supervision and
criticism with respect to programs and projects in accordance with provisions
herein, the Law on Vietnamese Fatherland Front and other relevant laws.
2. Conduct public opinion surveys on investment
policies for programs and projects at localities in accordance with provisions
herein and law on implementation of grassroots democracy.
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1. Propose programs and projects in line with
related socio-economic development strategies, plans and plannings as provided
in the law on planning over periods of time.
2. Mobilize and balance resources to ensure that
programs and projects are carried out on schedule and finished by the
prescribed deadlines.
3. Petition competent authorities to consider
granting decisions on investment policies when proving that programs are not
the same as others and regular tasks under their delegated powers and within
the scope of their assigned duties.
4. Take responsibility for information and data
related to proposed programs and projects.
Article 93. Rights and
responsibilities of authorities, organizations and individuals concerning
investment policy decisions
1. Authorities, organizations, individuals and
heads of organizations shall make decisions on investment policies for programs
and projects in conformance to regulations laid down herein.
2. Regarding programs and projects which are
carried out for 02 consecutive terms of medium-term public investment plans, in
addition to the provisions of clause 1 of this Article, authorities, organizations,
individuals and heads of organizations granting decisions on investment
policies for these programs and projects shall assume the following
responsibilities:
a) Make decisions on investment policies for
programs and projects in a manner ensuring that total value of the total
investments in programs and projects to be implemented during the medium-term
public investment plan of the subsequent period does not exceed 20% of total
capital defined in the medium-term public investment plan of the previous
period sorted by the central budget’s capital and the local budget's capital,
except national target programs, projects of national significance, projects
using ODA funds and/or foreign concessional loans, and those projects using
legitimate revenues that state regulatory authorities and public service units
retain for investment purposes;
b) National target programs and projects of
national significance shall be subject to resolutions of the National Assembly.
The Government shall petition the National Assembly to consider granting
decisions on investment policies for national target programs, projects of
national significance on the basis of capital balancing capability, assessment
of impacts on the state budget deficit and ensured public debt safety;
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d) Regarding programs/projects using ODA funds
and/or foreign concessional loans, the competent authorities granting decisions
on investment policies for programs/projects ensure that sum of total
investments in programs/projects to be implemented during the medium-term
public investment plan for the subsequent period does not exceed 20% of total
foreign capital defined in the national medium-term public investment plan for
the previous period.
3. In case the sum of total investments in programs
and projects which are carried out for 02 consecutive terms of medium-term
public investment plans prescribed in points a, d clause 2 of this Article
exceeds the 20% limit, the competent authorities granting decisions on
investment policies for programs/projects shall submit reports to the Prime
Minister (with respect to capital derived from the central budget) or People’s Councils
at all levels (with respect to capital derived from the local budget under
their management) to seek their approval of such excess which must not exceed
the corresponding 50% limit prescribed in points a, d clause 2 of this Article.
Article 94. Rights and
responsibilities of program/project owners regarding formulation of programs
and projects
1. Assume legal responsibility for contents of
documents submitted to competent authorities to request their appraisal,
inspection and grant of decisions.
2. Provide necessary documents for bodies carrying
out appraisal and inspection of programs and projects.
3. Propose measures to mobilize funds to ensure
that programs and projects are carried out on schedule and finished by the
prescribed deadlines.
4. Assume legal liability for formulation of
programs and projects.
Article 95. Rights and
responsibilities of authorities, organizations and individuals concerning
decisions on investment in programs and projects
1. Make decisions on investment in programs and projects
in line with objectives, locations, structure of capital sources, and total
investment defined in investment policies already decided by competent
authorities, except tasks and projects which are exempted from the requirement
regarding investment policy decisions, provided that such decisions meet
capabilities of balancing funds falling within their respective jurisdiction,
conform to standards and regulations on investment and are consistent with
appraisal results.
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3. Balance funds for payment of costs incurred from
formulation and appraisal of programs and projects falling within their
jurisdiction.
4. Command program/project owners to implement
programs and projects on schedule, and ensure that quality of these programs
and projects falls within the quality standards defined in approved public
investment plans.
5. Make decisions on adjustment, temporary
suspension or cancellation of programs and projects.
6. Carry out the monitoring, inspection and
assessment of programs and projects and activities of program/project owners
performed during the period of implementation of these programs and projects.
7. Assume legal liability for any violation against
regulations on authority in the process of selection of program/project owners.
Article 96. Rights and
responsibilities of authorities, organizations and individuals concerning
consultancy on design of programs and projects
1. Design consultancy service providers may request
program/project owners to provide information and documents related to design
of programs and projects.
2. Design programs and projects according to
standards, regulations and norms and engineering solutions to ensure they meet
quality requirements; avoid producing designs beyond standards, regulations,
and norms.
3. Take responsibility for results of design of
programs and projects.
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1. Authorities, organizations and individuals involved
in the appraisal of programs and projects shall carry out the appraisal under
law and shall take responsibility for appraisal results and their own
recommendations.
2. The appraisal must ensure independence,
integrity, objectivity and compliance with this Law and other provisions of
relevant law.
Article 98. Rights and
responsibilities of program/project owners regarding management and
implementation of programs and projects
1. Take charge of the management and implementation
of programs and projects, and ensure that these programs and projects are
carried out according to defined objectives, on schedule, and meet quality and
efficiency requirements.
2. Report to and provide information for
supervisory authorities and Vietnam Fatherland Front Committees at all levels
on implementation of programs and projects under this Law and other provisions
of relevant law.
Article 99. Rights and
responsibilities of program/project management units
1. Propose plans and measures regarding and conduct
the management and implementation of programs and projects to ensure that these
programs and projects are carried out according to defined objectives, on
schedule, meet quality requirements under the mandate from program/project
owners.
2. Report to program/project owners on the progress
in implementation of programs and projects.
Article 100. Rights and
responsibilities of authorities, organizations and individuals for monitoring,
inspection and assessment of plans, programs and projects
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2. Authorities, organizations and individuals authorized
to monitor, inspect and assess plans, programs and projects shall be
responsible for contents of their reports.
3. Program/project owners shall be responsible for
contents of their reports and shall assume responsibility before law if they
make and provide incorrect reports and information about investments falling
within their jurisdiction.
Article 101. National
database and information system regarding public investment
1. National database and information system
regarding public investment must be built and applied consistently on a
nationwide scale to state management of public investment, including
consolidating, reporting on, assigning and adjusting medium-term and annual
public investment plans; monitoring and assessing programs and projects;
managing, storing and publicly disclosing data in accordance with regulations
in force.
2. Responsibilities for building, managing, using
and applying the national database and information system regarding public
investment shall be regulated as follows:
a) The Ministry of Planning and Investment of
Vietnam shall take charge of building, managing and operating the national
database and information system regarding public investment;
b) Ministries, central and local authorities shall
apply the national database and information system regarding public investment
to activities under their jurisdiction.
3. Data and information included in the national
database and information system regarding public investment must be original
data and information of or related to public investment programs, projects and
plans.
4. The Government shall elaborate on this Article.
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IMPLEMENTATION
Article 102. Effect
1. This Law comes into force from January 01, 2025.
2. The Law on Public Investment No. 39/2019/QH14,
as amended by the Law No. 64/2020/QH14, the Law No. 72/2020/QH14, the Law No.
03/2022/QH15, the Law No. 27/2023/QH15 and the Law No. 38/2024/QH15
(hereinafter referred to as “Law on Public Investment No. 39/2019/QH14")
shall cease to have effect from the effective date of this Law, except
provisions of clauses 2 and 3 Article 103 of this Law.
3. Localities that are piloting certain specific
mechanisms and policies or applying urban governance model shall comply with
provisions of this Law and resolutions of the National Assembly. If provisions
herein are different from those in any resolution of the National Assembly in
respect of the same matter, Provincial-level People’s Councils shall decide
whether to apply provisions herein or the National Assembly’s resolution.
4. Point a clause 4 Article 67 of the Land Law No.
31/2024/QH15, as amended in the Law No. 43/2024/QH15, is amended as follows:
“a) The decision on investment in the project
falling under authority to grant investment policy decision delegated to the
National Assembly, the Prime Minister, Minister, head of central authority,
Provincial-level People’s Council or Provincial-level People’s Committee has
been issued in accordance with provisions of the Law on public investment;”.
5. Certain Articles of the Law on organization of local
governments No. 77/2015/QH13, as amended in the Law No. 21/2017/QH14,
the Law No. 47/2019/QH14, the Law No. 31/2024/QH15, the Law No. 34/2024/QH15
and the Law No. 43/2024/QH15, are amended as follows:
a) Clause 9 is added following Clause 8 Article 21
as follows:
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b) Clause 7 is added following Clause 6 Article 28
as follows:
“7. Make decisions on investment policies for
projects as prescribed in the Law on public investment.”;
c) Clause 4 is added following Clause 3 Article 35
as follows:
“4. Make decisions on investment policies for
projects as prescribed in the Law on public investment.”;
d) Clause 6 is added following clause 5 Article 49
as follows:
“6. Make decisions on investment policies for
projects as prescribed in the Law on public investment.”;
dd) Clause 4 is added Clause 3 Article 63 as
follows:
“4. Make decisions on investment policies for
projects as prescribed in the Law on public investment.”;
e) Clause 4 is added following clause 3 Article 70
as follows:
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6. Certain Articles of the Law on Capital No.
39/2024/QH15 are amended as follows:
a) Point b Clause 2 Article 37 is amended as
follows:
“b) Public investment projects and PPP projects in
which total investment capital is not limited, except those projects specified
in point a of this clause, projects that have substantial environmental impacts
or pose potential risks in making serious environmental impacts and fall under
authority to grant investment policy decision delegated to the National
Assembly, projects on manufacture of hazardous substances and explosives
falling under authority to grant investment policy decision delegated to the
Prime Minister, and projects falling under authority to grant investment policy
decision delegated to the City’s People’s Committee in accordance with
regulations of law on public investment and the law on investment in form of
public-private partnership form.”;
b) The phrase “và điểm d” (“and point d”) in point
a clause 1 Article 12 is abrogated;
c) Point b Clause 5 Article 9 and Point d Clause 3
Article 11 are abrogated.
Article 103. Transition
1. Public investment programs and projects that
have already obtained investment decisions from competent authorities prior to
January 01, 2015 and received allocated capital but are yet to be finished
shall continue to be implemented. Any adjustments to the project shall be
subject to provisions herein without requiring fulfillment of the requirement
that decision on or adjustment of investment policies must be made before the
project adjustment.
In case of adjustment of investment projects that
use ODA grants and have already obtained investment policy decisions from
competent authorities prior to the effective date of this Law, Ministers, heads
of central authorities, and Chairpersons of provincial-level People’s
Committees shall be vested with authority to make decisions to adjust
investment decisions without carrying out adjustment of investment policies,
and assume responsibility for their decisions.
2. Classification of projects already obtaining
investment policy decisions or investment decisions prior to the effective date
of this Law shall be subject to provisions of the Law on public investment No.
39/2019/QH14.
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4. In case of adjustment of investment policies for
projects which have been decided before the effective date of this Law, the
competent authorities granting decisions on investment policies in accordance
with regulations on power decentralization laid down this Law shall consider
granting decisions to adjust investment policies for these projects and assume
responsibility for their decisions; in respect of projects of national
significance already obtaining decisions on investment policies from the
National Assembly, the National Assembly shall consider granting decisions
adjust investment policies for these projects.
5. If time for allocation of capital for
implementing projects which has been extended by the Prime Minister or
Provincial-level People’s Councils before the effective date of this Law needs
further extension, such extension shall be subject to provisions of point d
clause 3 Article 57 of this Law.
6. Capital defined in public investment plans shall
only be allocated to repay outstanding debts which accrue from capital
construction prior to January 01, 2015.
The Government shall review outstanding debts
accruing from capital construction as prescribed in provisions of the Law on
public investment No. 39/2019/QH14, and submit review reports to the National
Assembly to seek its decision.
This Law is ratified by the 15th
National Assembly of the Socialist Republic of Vietnam during its 8th
session held on November 29, 2024.
CHAIRMAN OF THE
NATIONAL ASSEMBLY OF VIETNAM
Tran Thanh Man
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