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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 02/2020/ND-CP
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Hanoi, January 01, 2020
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DECREE
AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 131/2015/ND-CP
DATED DECEMBER 25, 2015 ON GUIDANCE ON PROJECTS OF NATIONAL SIGNIFICANCE
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Public Investment dated June 13, 2019;
Pursuant to the Law on
Investment dated November 26, 2014;
Pursuant to the Law on
Procurement dated November 26, 2013;
Pursuant to the Law on
Construction dated June 18, 2014;
At the request of the
Minister of Planning and Investment;
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Article
1. Amendments to some articles of the Government’s Decree No. 131/2015/ND-CP
dated December 25, 2015 on guidance on projects of national significance
1. Clause 1 of Article 3
is amended as follows:
“1. Projects of national
significance defined in the Law on Public Investment and the 2014 Law on
Construction and those whose investment guidelines are decided by the National
Assembly under the provisions of the 2014 Law on Investment are hereinafter
referred to as projects of national significance.”
2. The title of Section 1
of Chapter IV, and Articles 13, 14 and 15 are amended as follows:
“Section 1
DOCUMENTATION AND CONTENTS OF APPRAISAL OF INVESTMENT
GUIDELINES OF PROJECTS OF NATIONAL SIGNIFICANCE FINANCED BY PUBLIC INVESTMENT
FUNDS
Article 13.
Documentation submitted to apply for appraisal by project owners or
subordinates of entities assigned to make preparations for investment
1. Documentation
submitted to apply for appraisal includes:
a) An application form;
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c) Other relevant
documents.
2. Project owners or
subordinates of entities assigned to make preparations for investment
(hereinafter referred to as “project owners”) are required to send 15 sets of
project documents under the provisions of Clause 1 of this Article to their
supervisory bodies or entities assigned to make preparations for investment to
carry out the internal appraisal as stipulated in Point b Clause 1 Article 19
of the Law on Public Investment. The time limit for internal appraisal shall
not exceed 30 days from the receipt of all required documents.
Article 14.
Documentation submitted to apply for appraisal by supervisory bodies or
entities assigned to make preparations for investment
1. Documentation
submitted to apply for appraisal by a supervisory body or subordinate of the
entity assigned to make preparations for investment (hereinafter referred to as
“supervisory body”) includes:
a) An application form
filed to the Prime Minister by the supervisory body;
b) A pre-feasibility
study report (that has been completed according to opinions received from the
internal appraisal);
c) An internal appraisal report
stipulated in Point b Clause 1 Article 19 of the Law on Public Investment;
d) Other relevant
documents.
2. The supervisory body
shall send 01 set of project documents as provided for in Clause 1 of this
Article to the Prime Minister, and concurrently send 20 sets of project
documents to the Ministry of Planning and Investment.
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4. The Council shall
appraise investment guidelines of a project of national significance within 90
days from the receipt of the satisfactory project documents.
Article 15.
Documentation submitted to apply for appraisal by the Council to the Government and by the Government
to the National Assembly
1. Documentation
submitted to apply for appraisal by the Council to the Government includes:
a) An application form sent
to the Government by the supervisory body (prepared by the supervisory body
after considering and completing project documents based on appraisal opinions
obtained from the Council);
b) A pre-feasibility
study report that has been completed according to appraisal opinions obtained
from the Council;
c) An appraisal report
prepared by the Council;
d) Other relevant
documents.
2. Documentation
submitted by the Government to the National Assembly as prescribed in Article
20 of the Law on Public Investment includes:
a) An application form
prepared by the Government;
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c) An appraisal report
prepared by the Council;
d) Other relevant
documents.”
3. Section 4a is added
after Section 4 of Chapter IV as follows:
“SECTION 4a
DOCUMENTATION AND CONTENTS OF APPRAISAL OF ADJUSTMENTS TO
INVESTMENT GUIDELINES OF PROJECTS OF NATIONAL SIGNIFICANCE FINANCED BY PUBLIC
INVESTMENT FUNDS
Article 23a.
Documentation submitted to apply for appraisal of adjustments to investment
guidelines by project owners or subordinates of entities assigned to make
preparations for investment
1. Documentation
submitted to apply for appraisal by a project owner or subordinate of the
entity assigned to make preparations for investment (hereinafter referred to as
“project owner”) includes:
a) An application form;
b) An adjusted
pre-feasibility study report or adjusted feasibility study report;
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d) Other relevant
documents.
2. The project owner is
required to send 15 sets of project documents under the provisions of Clause 1
of this Article to their supervisory body or entities assigned to make
preparations for investment to carry out the internal appraisal as stipulated
in Point b Clause 2 Article 34 and Point b Clause 1 Article 19 of the Law on
Public Investment. The time limit for internal appraisal shall not exceed 30
days from the receipt of all required documents.
3. The project owner
shall complete the project documents according to the appraisal contents and
submit them to the Prime Minister.
Article 23b.
Documentation submitted to apply for appraisal of adjustments to investment
guidelines by supervisory bodies or entities assigned to make preparations for
investment
1. Documentation
submitted to apply for appraisal by a supervisory body or entity assigned to
make preparations for investment (hereinafter referred to as “supervisory
body”) includes:
a) An application form
filed to the Government by the supervisory body;
b) An adjusted
pre-feasibility study report or adjusted feasibility study report (that has
been completed according to opinions received from the internal appraisal);
c) An internal appraisal
report stipulated in Clause 2 Article 23a hereof;
d) A report on
supervision and assessment of adjustments to investment projects (prepared by
the project owner);
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2. The supervisory body shall
send 01 set of documents as provided for in Clause 1 of this Article to the
Prime Minister, and concurrently send 20 sets of project documents to the
Ministry of Planning and Investment.
3. Within 05 working days
from the receipt of the project documents, the Ministry of Planning and
Investment shall request the Prime Minister to establish a Council as
prescribed in Article 4 hereof.
4. The Council shall
appraise adjustments to investment guidelines of a project of national
significance within 90 days from the receipt of the satisfactory project
documents.
Article 23c.
Documentation submitted to apply for appraisal by the Council to the Government and by the Government
to the National Assembly
1. Documentation
submitted to apply for appraisal by the Council to the Government includes:
a) An application form
sent to the Government by the supervisory body (prepared by the supervisory
body after considering and completing project documents according to appraisal
opinions obtained from the Council);
b) An adjusted
pre-feasibility study report or adjusted feasibility study report that has been
completed according to appraisal opinions obtained from the Council;
c) An appraisal report
prepared by the Council;
d) Documents prescribed
in Points c, d and dd Clause 1 Article 23b hereof (prepared by the supervisory
body and project owner).
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a) An application form
prepared by the Government;
b) An adjusted
pre-feasibility study report or adjusted feasibility study report that has been
completed according to opinions obtained from the Government;
c) An appraisal report
prepared by the Council;
d) Documents prescribed
in Points d Clause 1 of this Article.
Article 23d. Contents
of appraisal of adjustments to investment guidelines of projects of national
significance financed by public investment funds
Adjustments shall be
appraised; appraisal contents are specified in Article 15 hereof.”
4. The title of Section 1
of Chapter IV, and Article 28 are amended as follows:
“Section 1
DOCUMENTATION AND CONTENTS OF APPRAISAL OF DECISIONS ON
PROJECT INVESTMENT
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1. Documentation submitted
by a project owner includes:
a) An application form;
b) A feasibility study
report;
c) The National
Assembly’s Resolution on approval of the investment guidelines of the project
of national significance;
d) Other relevant
documents.
2. Documentation
submitted by a supervisory body includes:
a) An application form
filed to the Prime Minister by the supervisory body;
b) A feasibility study
report;
c) The National
Assembly’s Resolution on approval of the investment guidelines of the project of
national significance;
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3. The supervisory body
shall send 01 set of documents as provided for in Clause 2 of this Article to
the Prime Minister, and concurrently send 20 sets of project documents to the
Ministry of Planning and Investment.
4. Within 05 working days
from the receipt of sufficient project documents, the Ministry of Planning and
Investment shall request the Prime Minister to establish a Council as
prescribed in Article 4 hereof.
5. The Council shall
appraise investment guidelines of the project of national significance within
90 days from the receipt of the satisfactory project documents.
6. Documentation
submitted by the Council to the Prime Minister for his consideration and
decision to invest in the project includes:
a) An application form
sent to the Government by the supervisory body (prepared by the supervisory
body after considering and completing project documents according to appraisal
opinions obtained from the Council);
b) A feasibility study
report which has been completed according to appraisal opinions obtained from
the Council and to which the appraisal seal is appended by the standing body of
the Council at the request of the Council, drawing for basic design (if any).
Specimen of the appraisal seal shall comply with regulations on construction
investment management.
c) An appraisal report
prepared by the Council;
d) The National
Assembly’s Resolution on approval of the investment guidelines of the project
of national significance;
dd) Other relevant
documents.”
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“Article 30.
Adjustment to projects of national significance
Projects of national
significance shall be adjusted in accordance with regulations laid down in
Clauses 2, 3, 4 and 5 Article 43 of the Law on Public Investment and Clause 1
Article 61 of the 2014 Law on Construction.”
6. Point b Clause 8 of
Article 31 is amended as follows:
“b) An adjusted
feasibility study report which has been completed according to appraisal
opinions obtained from the Council and to which the appraisal seal is appended
by the standing body of the Council at the request of the Council, drawing for
basic design (if any).”
7. Clauses 2 and 3 of
Article 33 are amended as follows:
“2. As for projects which
are being executed but meet criteria of a project of national significance
under the provisions of Article 7 of the Law on Public Investment and Article
30 of the 2014 Law on Investment, follow the instructions below:
a) Execution of these
projects shall be continued; project owners shall send review reports to the
person making investment decisions or the investment registry;
b) The person vested with
authority to grant an investment decision or the investment registry shall send
such reports to the Prime Minister; the Prime Minister shall consider them and
provide instructions, and then send reports on the process of execution of such
projects to the National Assembly at its year-end meeting ;
c) Management of the
projects stated in this Clause shall be consistent with regulations laid down
in investment decisions or investment registration certificates which have been
issued, or investment decisions or investment registration certificates which
has been previously adjusted.”
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a) Execution of these
projects shall be continued; project owners shall send reports on any issues
that may arise to the person making investment decisions;
b) The person vested with
authority to grant an investment decision shall send such reports to the Prime
Minister; the Prime Minister shall consider them and provide instructions, and
then send reports on the process of execution of such projects in which the
issues are clearly stated to the National Assembly at its year-end meeting;
c) Procedures for
considering application for adjustments to projects shall be consistent with
applicable regulations in the similar manner to those applied to projects or
groups of projects existing prior to adjustments;
d) Management of projects
stipulated in this Clause shall be consistent with laws and regulations on
projects of national significance.”
Article
2. Implementation clause
1. This Decree comes into
force from January 01, 2020.
2. Ministers, heads of
ministerial agencies, heads of Governmental agencies and People's Committees of
provinces and central-affiliated cities are responsible for the implementation
of this Decree./.
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