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THE OFFICE OF
THE NATIONAL ASSEMBLY OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 41/VBHN-VPQH
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Hanoi, December
27, 2023
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LAW
ON PUBLIC INVESTMENT
The Law on Public Investment No. 39/2019/QH14 dated
June 13, 2019 of the National Assembly of Vietnam, which comes into force from
January 01, 2020, is amended by:
1. The Law on Public-Private Partnership Investment
No. 64/2020/QH14 dated June 18, 2020 of the National Assembly of Vietnam, which
comes into force from January 01, 2021;
2. The Law on Environmental Protection No.
72/2020/QH14 dated November 17, 2020 of the National Assembly, which comes into
force from January 01, 2022;
3. The Law No. 03/2022/QH15 dated January 11, 2022
of the National Assembly providing amendments to the Law on Public Investment,
the Law on Public-Private Partnership Investment, the Law on Investment, the
Law on Housing, the Law on Electricity, the Law on Enterprises, the Law on
Excise Duties, and the Law on Civil Judgment Enforcement, which comes into
force from March 01, 2022;
4. The Housing Law No. 27/2023/QH15 dated November
27, 2023 of the National Assembly of Vietnam, which comes into force from
January 01, 2025.
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
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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,
entities and persons involved in public investment activities.
Article 2. Regulated entities
This Law applies to regulatory authorities,
affiliates, entities 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.
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4.[2] 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. Decisions on investment policies or decisions on investment in
construction of official housing and purchase of commercial housing for use as
official housing must be made in accordance with provisions of the Housing Law.
Article 4. Definitions
For the purposes of this Law, the following terms
shall be construed as follows:
1. Investment policy recommendation 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, group-B or group-C investment project, as a
basis for a competent authority to make its decision on that investment policy.
2. Pre-feasibility study report refers to a
document presenting a preliminary study’s contents, including necessity,
feasibility, efficiency, intended capital sources and estimated capital amounts
of an investment project of national significance and a group-A investment
project, as a basis for a competent authority to make its decision on an
investment policy.
3. Feasibility study report refers to a document
presenting a study’s contents, including necessity, feasibility, efficiency,
intended capital sources and estimated capital amounts of a public investment
program or project, as a basis for a competent authority to make its investment
decision.
4. Ministries and/or central and local bodies refers
to regulatory authorities or entities assigned planned public investment
duties, including:
a) Central bodies affiliated to political
organizations, Supreme People’s Procuracy, Supreme People’s Court, State Audit,
Office of the President, Office of the National Assembly, Ministries,
ministerial agencies, Governmental agencies and central bodies of Vietnam
Fatherland Front and socio-political organizations (hereinafter referred to as
Ministries and/or central bodies);
b) Provincial-level People's Committees;
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5. Program owner refers to an entity or
organization assigned to preside over management of a public investment
program.
6. Investment project owner refers to an
entity or organization assigned to directly manage a public investment project.
7. 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 an investment program and project, or a decision on approval of a
feasibility study report of a public investment project.
8. Public investment program refers to a
combination of goals, duties and solutions designed to carry out socio-economic
development objectives.
9. National target program refers to a
public investment program designed to pursue socio-economic objectives in
specific stages on a nationwide scale.
10. Host entity refers to a Ministry,
central or local entity prescribed in clause 4 of this Article that is in
charge of an investment program or project.
11. Entity specialized in management of public
investment refers to a unit performing the function of management of public
investment that is put under the control of the Ministry of Planning and
Investment; a unit assigned to take charge of public investment affairs of a
Ministry, central or local authority; a division or department authorized to
manage public investment that is put under the control of a district or
commune-level People's Committee.
12. Entity accorded regulatory authority over
public investment includes Government, Ministry of Planning and Investment
and People's Committee at all levels.
13. Public investment project refers to a
project using all or part of public investment capital.
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15. Public investment refers to the State’s
investment in programs, projects and others classified as subjects of public
investment as provided for herein.
16. Public investment activities include
formulation, evaluation of and decision on an investment policy; design,
evaluation of and decision on a public investment program or project;
formulation, evaluation, approval, assignment and implementation of a public
investment plan or project; 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 or project.
17. Public investment plan refers to a
collection of objectives, guidelines and lists of public investment programs
and projects; balancing of public investment capital sources, alternatives for
fund disbursement, methods of channeling resources and implementation thereof.
18. Investment preparatory activities encompasses
formulation, evaluation of and decision on an investment policy, and
formulation, evaluation of and decision on investment in a project.
19. Planning activities refers to activities
to be performed to formulate, evaluate and decide or approve, release and
adjust a planning scheme, subject to provisions laid down in the Law on
Planning.
20. Outstanding debts accruing from capital
construction activities refers to the post-commissioning value of items
that constitute a project belonging to the public investment plan approved by a
competent authority and not yet receiving any portion of funds disbursed to
these items.
21. Decentralization of regulatory authority
over public investment refers to an act of determining rights and
responsibilities of entities and persons having competence in performing public
investment activities.
22. Public investment capital regulated herein shall
comprise: state budget funds; legitimate revenues of state agencies and public
service units that are retained for investment purposes as provided in law.
23. Central budget’s capital refers to
capital expenditures of the central budget, subject to the Law on State Budget.
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25. Target transfers from the central budget to
the local budget refers to funds from the central budget that are granted
as financial supplements in order for local subdivisions to make investment in
public investment programs and projects listed in their respective duties
decided by a competent authority.
Article 5. Public investment objects
1. Investment in socio-economic infrastructure
construction programs and projects.
Where really necessary, compensation, support and
residential resettlement activities in investment projects of national
significance may be divided into separate projects, subject to the National
Assembly’s evaluation and decision; with respect to those activities in group-A
investment projects, subject to the evaluation and decision of the Prime
Minister or provincial-level People’s Council under their respective delegated
powers. Projects may be separated when approving investment policies for
investment projects of national significance and group-A investment projects.
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.
5. Investment in providing support for formulation,
evaluation of and decision on or approval, public disclosure and modification
of planning schemes as per law on planning.
6. Investment in granting subsidies to offset
preferential lending interest rates; making equity contribution to the charter
capital of policy banks and state off-budget financial funds; providing
investment support for other policy beneficiaries under the Prime Minister’s
decisions.
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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 constituents
constitute investment projects in new construction, renovation, upgradation and
expansion of existing investment projects, including purchase of project-controlled
assets and equipment;
b) Projects without construction constituents refer
to investment projects in purchasing assets, acquiring transferred land use
rights, procuring, repairing and upgrading equipment, machinery and other
projects that are not prescribed in point a of this clause.
2. Public investment projects may be classified by
the level of significance and scale into investment projects of national
significance, group-A, group-B and group-C investment projects according to
criteria referred to in Article 7, 8, 9 and 10 herein.
Article 7. Criteria for classification of
investment projects of national significance
Investment projects of national significance
constitute independent investment projects or a complex of closely connected
construction projects, and must meet one of the following criteria:
1. Using public investment capital worth 10,000
billion dong or above;
2. Having substantial environmental impacts or
posing potential risks in making serious environmental impacts, including the
following projects:
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b) Those projects using land subject to the
requirement for conversion of land use purposes from land in national parks,
nature reserves, protected landscapes, research and experimental forests
covering an area of 50 hectares or more; upstream protective forests covering
an area of 50 hectares or more; protective forests, used as wind, sand screens,
wave breakers, and for reclaiming land from the sea and protecting environment,
that cover an area of 500 hectares or more; production forests covering at
least 1,000 hectares;
3. Using land subject to the requirement for
conversion of land use purposes from arable land for growing wet rice during at
least two cropping seasons which covers an area of 500 hectares or more;
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 resolutions.
Article 8. Criteria for classification of
group-A investment projects
Except investment projects of national significance
specified in Article 7 herein, projects falling under one of the following
criteria shall be classified as group-A investment projects:
1. Those projects falling into the following
circumstances, irrespective of the gross investment:
a) National defence and security projects rated top
secret;
b) Hazardous and explosive production projects;
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2. Those projects with the gross investment worth
2,300 billion dong or greater in the following fields:
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;
g) Construction of residential buildings;
3. Those projects with the gross investment worth
1,500 billion dong or greater in the following fields:
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b) Water resources and irrigation;
c) Water supply and drainage, waste treatment and
construction of other technical infrastructure;
d) Electrical engineering;
dd) Production of communication and electronic
equipment;
e) Pharmaceutical chemistry;
g) Production of materials, except those projects
specified in point d of clause 2 of this Article;
h) Mechanical engineering projects, except those
projects specified in point dd of clause 2 of this Article;
i) Post and telecommunications;
4. Those projects with the gross investment worth
1,000 billion dong or greater in the following fields:
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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 clause 1, 2 and 3 of this Article;
5. Those projects with the gross investment worth
800 billion dong or greater in the following fields:
a) Health, culture and education;
b) Scientific research, information technology,
radio and television broadcasting;
c) Treasure;
d) Tourism, sport and physical activities;
dd) Civil construction, except construction of
residential buildings specified in point g of clause 2 of this Article;
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Article 9. Criteria for classification of
group-B investment projects
1. Those projects in the fields specified in clause
2 of Article 8 herein with total investment worth from 120 billion dong to less
than 2,300 billion dong.
2. Those projects in the fields specified in clause
3 of Article 8 herein with the gross investment worth from 80 billion dong to
less than 1,500 billion dong.
3. Those projects in the fields specified in clause
4 of Article 8 herein with the gross investment worth from 60 billion dong to
less than 1,000 billion dong.
4. Those projects in the fields specified in clause
5 of Article 8 herein with the gross investment worth from 45 billion dong to
less than 800 billion dong.
Article 10. Criteria for classification of
group-C investment projects
1. Those projects in the fields specified in clause
2 of Article 8 herein with the gross investment worth less than 120 billion.
2. Those projects in the fields specified in clause
3 of Article 8 herein with total investment worth less than 80 billion.
3. Those projects in the fields specified in clause
4 of Article 8 herein with total investment worth less than 60 billion.
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Article 11. 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 7 herein.
2. The Government of Vietnam shall be charged with
petitioning the National Assembly Standing Committee to seek its decision on
modification of criteria for classification of public investment projects
prescribed in Article 8, 9 and 10 herein and reporting to the National Assembly
of Vietnam in the upcoming meeting session.
3. Criteria for classification of public investment
projects specified in clause 1 and 2 of this Article may be modified in the
event that the price index has varied critically and 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 12. Public investment management
principles
1. Comply with law on management and use of public
investment capital.
2. Conform to the national socio-economic
development strategy, the national socio-economic development plan during the
5-year period and other relevant planning schemes prescribed in law on
planning.
3. Duly implement stipulated responsibilities and
powers of state regulatory authorities, entities and persons involved in
management and use of public investment capital.
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 capability of balancing
resources; avoid any waste and loss.
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Article 13. 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 entities and persons involved in public
investment activities.
6. Offer rewards to entities and persons who have
delivered good performance of public investment activities.
7. Enter into international cooperation in public
investment.
Article 14. Transparency and public disclosure
of public investment activities
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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 for distribution of public
investment capital and limits of distributed investment funds;
c) Principles, criteria and bases for compiling the
portfolio of investment projects in the mid-term and annual public investment
plan;
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, gross investment, time and location;
report on assessment of overall impacts of each investment project on receiving
localities;
e) Plan for distribution of mid-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;
h) Current situations and results of implementation
of public investment plans, programs and projects;
i) Implementation and fund disbursement progress;
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l) Final accounts of public investment capital.
2. Heads of regulatory authorities, organizations
and affiliates thereof must make a public disclosure of such public investment
information in accordance with laws.
Article 15. Costs of design, assessment,
monitoring, examination, evaluation and inspection of public investment plans,
programs and projects
1. Costs of preparation and assessment of an
investment policy recommendation report for a public investment program using
current expenditures of entities and units assigned to carry out these
activities.
2. Costs of preparation and assessment of a
pre-feasibility study report or an investment policy recommendation report for
a project using investment preparatory funds.
3. Costs of formulation and assessment of a public
investment plan using current expenditures of entities and units formulating
and assessing public investment plans.
4. Costs of monitoring, inspection and evaluation
of a public investment plan, program or project using current expenditures of
entities and units assigned to carry out these tasks.
5. Costs of inspection of use of current
expenditures of inspecting entities and units.
6. As for public investment programs or projects
using Official Development Assistance (ODA) funds and other preferential
borrowings from foreign sponsors, these sponsors shall be encouraged to give
financial support to pay costs specified in this Article.
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1. Issuing decisions on investment policies 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 public
investment programs or projects without obtaining the competent authority’s
decisions on investment policies or in breach of requirements concerning
objectives, scope, scale or in excess of total investment specified in
investment policies decided by competent authorities. Issuing decisions on
adjustment in the gross investment in public investment programs or projects in
violation of regulations enshrined in law on public investment.
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 harms
or infringement on legitimate interests of single citizens and the public.
5. Giving, taking bribes and acting as kickback
brokers.
6. Requesting entities and persons to put
investment at their own expense when public investment programs or projects
have not yet obtained decisions on investment policies, approval or incur debts
accruing from capital construction activities.
7. Using public investment capital for wrongful
purposes, to serve incorrect beneficiaries, in excess of standards and limits
prescribed in law.
8. Counterfeiting and falsifying information and
documents related to decisions on investment policies, investment decisions and
implementation of public investment programs or projects.
9. Deliberately reporting and providing incorrect,
untrue and impartial information that may affect formulation, evaluation of and
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 and projects.
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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, EVALUATION OF AND
DECISION ON INVESTMENT POLICIES
Article 17. Authority to issue decisions on
policies for investment in programs and projects
1. The National Assembly of Vietnam shall be vested
with authority to issue decisions on policies for investment in the following
programs and projects:
a) National target programs;
b) Investment projects of national significance.
2. The Government shall be vested with authority to
make decisions on policies for investment in public investment programs using
the central budget allocations, except those specified in point a of clause 1
of this Article.
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In case where those public investment programs or
projects specified in this clause use state budget allocations, authority,
procedures and processes for making decisions on these programs or projects
shall be subject to provisions laid down herein.
4. The Prime Minister of Vietnam shall be accorded
authority to issue decisions on policies for investment in the following
programs and projects:
a) Public investment projects specified in clause 1
of Article 8 herein; other group-A public investment projects using the central
budget allocations under the jurisdiction of Ministries or central regulatory
agencies;
b) [3]
Group-A investment projects and programs using ODA borrowings and preferential
borrowings from foreign sponsors, except national target programs and public
investment programs specified in clause 1 and 2 of this Article;
c) [4]
Investment programs and projects using non-refundable ODA aids that fall into
the following situations: Group-A investment programs and projects; programs
and projects associated with regulatory policy framework; programs and projects
that are developed and implemented in the national defence, security and
religion fields; sector-specific approach programs; procurement of goods
subject to the Prime Minister’s permission; Vietnam’s participation in regional
programs and projects;
d) [5]
(abrogated)
5. Ministers and Heads of central regulatory
agencies shall be accorded authority to make decisions on policies for
investment in group-B and group-C public investment projects under their
management, except those projects specified in clause 4 of this Article.
5a.[6] Ministers and Heads of central
regulatory agencies shall be accorded authority to make decisions on policies
for investment in group-B and group-C projects using ODA funds and other
preferential borrowings from foreign sponsors, and make decisions on approval
for technical assistance projects using ODA funds and other preferential
borrowings from foreign sponsors to prepare the projects under their
management, except those projects specified in clause 4 of this Article.
Provincial-level People’s Councils
shall be accorded authority to make decisions on policies for investment in
group-B and group-C projects using ODA funds and other preferential borrowings
from foreign sponsors, and make decisions on approval for technical assistance
projects using ODA funds and other preferential borrowings from foreign
sponsors to prepare the projects under their management, except those projects
specified in clause 4 of this Article.
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6. Provincial-level People’s Councils shall be
accorded authority to make decisions on policies for investment in group-A
projects under their jurisdiction, except those projects specified in clause 4
of this Article.
7. People’s Councils at all levels shall be vested
with powers to make decisions on policies for investment in group-B or group-C
programs and projects using the local budget’s allocations, including target
transfers from the superior budget and legitimate funding sources under their
jurisdiction, except those projects specified in clause 4 of this Article.
Where necessary, People’s Councils shall be
accorded authority to make decisions on assignment of People’s Committees at
the same level to make decisions on policies for investment in projects
specified in this clause in line with developmental objectives, guidelines,
financial capacity and specific conditions of localities.
8. In case of adjustments in policies for
investment in public investment programs and projects, authority to make
decisions on policies for investment in public investment programs and projects
shall be subject to regulations laid down in clause 1 of Article 34 herein.
Article 18. Requirements for granting decisions
on policies for investment in public investment programs and projects
1. Conform to relevant socio-economic development
strategies, plans and planning schemes 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.
4. Correspond to capabilities of borrowing funds
and repaying public or Governmental debts and local government’s debts.
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6. Tasks and projects exempted for the investment
policy decision requirement, including:
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.
Article 19. Procedures and processes for
granting decisions on policies for investment in national target programs and
public investment projects of national significance
1. Entities assigned to make preparations for
investment in programs and projects shall assume the following
responsibilities:
a) Assign their subordinates to prepare investment
policy recommendation reports for national target programs and pre-feasibility
study reports for public investment projects of national significance;
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c) Completely prepare investment policy
recommendation reports and pre-feasibility study reports for submission to the
Prime Minister.
2. The Prime Minister may establish the state
evaluation council chaired by the Minister of Planning and Investment of
Vietnam and tasked with evaluating reports on recommendation of investment
policies for national target programs and prefeasibility study reports for
public investment projects of national significance.
3. The Government shall seek the National
Assembly’s decision on policies for investment in national target programs and
public investment projects of national significance.
4. The National Assembly’s competent agency shall
evaluate documents on national target programs and public investment projects
of national significance proposed by the Government.
5. The National Assembly shall consider adopting
resolutions on policies for investment in national target programs and public
investment projects of national significance. These resolutions shall have the
following main contents: objectives, scale, total investment capital, main technologies,
location, time and schedule of, mechanism, method for and policies on
implementation thereof.
Article 20. Documents on decisions on policies
for investment in national target programs and public investment projects of
national significance
1. Government’s report.
2. Investment policy recommendation report for
national target programs and pre-feasibility study report for public investment
projects of national significance.
3. Evaluation report of the State Evaluation
Council.
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Article 21. Procedures for and subject matters
of evaluation of policies for investment in national target programs and public
investment projects of national significance
1. Evaluation procedures shall be regulated as
follows:
a) Not later than 60 days prior to the date of
opening of a National Assembly's meeting, the Government sends documents on its
investment policy decision for national target programs or public investment
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 entities or persons to report on
issues pertaining to national target programs or public investment projects of
national significance; carry out the field survey of issues related to national
target programs and public investment projects of national significance;
c) Entity or person requested to carry out
evaluation by the presiding body is responsible for fully providing all
information and documents required for an evaluation.
2. Subject matters of an evaluation shall be
composed of the followings:
a) Satisfaction of criteria for identification of
national target program or public investment projects of national significance;
b) Necessity of investing in public investment
program or project;
c) Compliance with law;
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dd) Basic parameters of public investment program or
project, including objectives, scale, investment form, scope, location and area
of land necessary for implementation of such program or project, timelength and
schedule of implementation, alternatives for main technologies, environmental
protection approaches, funding sources, capital recovery and debt repayment
capability;
e) Assessment of socio-economic efficiency and
maintenance of national defence and sustainable development;
g) Assessment of relevance to land use planning,
land distribution and zoning plans included in the related or other planning
scheme related to natural resources, residential mobility, agricultural
resettlement and residential settlement plans for domestic public investment
projects of national significance;
h) Assessment of level of risk that an outward
investment project of national significance may run in a host country.
Article 22. Procedures and processes for
granting decisions on policies for investment in public investment programs
under the Government’s jurisdiction
1. A program owner shall have the following
responsibilities:
a) Authorize the entity directly put under their
control to prepare an investment policy recommendation report;
b) Authorize a competent entity to carry out the
evaluation or establish a Council to evaluate the investment policy
recommendation report;
c) Completely prepare the investment policy
recommendation report for submission to the Prime Minister.
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3. The program owner prepares a complete investment
policy recommendation report according to opinions received from the evaluation
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, scale, total investment capital,
timelength, schedule, mechanism and solutions as well as policies for
implementation of the intended program.
Article 23. Procedures and documentation
requirements for grant of decisions on investment policies for group-A public
investment projects under the Prime Minister's jurisdiction
1. Ministers and Heads of central and local
regulatory agencies shall have the following responsibilities:
a) Authorize their directly affiliated units and
specialized agencies to prepare pre-feasibility study reports;
b) Authorize competent entities to carry out the
evaluation or establish a Council to evaluate pre-feasibility study reports;
c) Command entities specified in point a of this
clause to prepare complete pre-feasibility study reports for submission to the
Prime Minister.
Concerning group-A public investment projects using
ODA funds or preferential borrowings granted by foreign sponsors and those
projects specified in clause 1 of Article 8 herein, pre-feasibility study
reports shall be completely prepared by provincial-level People’s Committees
and then submitted to same-level People’s Councils to obtain their opinions
before being represented to the Prime Minister.
2. The Prime Minister shall be accorded authority
to make a decision on establishment of an interagency Council or mandate an
agency to preside over the evaluation of pre-feasibility study reports as a
basis to issue a decision on the investment policy for the intended project.
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3. Ministry of Planning and Investment of Vietnam
shall be vested with authority to preside over the evaluation of funding
sources and capacity for balancing funds and file results of such evaluation to
the interagency Evaluation Council or the body presiding over evaluation.
4. The interagency Evaluation Council or the body
presiding over evaluation which is stated in clause 2 of this Article shall
submit evaluation opinions to Ministries, central and local regulatory
authorities so that they prepare a complete pre-feasibility study report for
submission to the Prime Minister.
5. Prime Minister shall be vested with authority to
issue an investment policy decision, including such contents as investment
objectives, scale, gross investment, structure of funding sources, location,
timelength, schedule of implementation of a project and design of funding
plans.
Article 24. Procedures and documentation
requirements for grant of decisions on investment policies for group-A public
investment projects under the jurisdiction of provincial-level People’s
Councils
1. The Chairperson of a provincial-level People’s
Committee shall assume the following responsibilities:
a) Authorize their specialized agencies or
district-level People’s Committees to prepare pre-feasibility study reports;
b) Establish an Evaluation Council composed of the
Chairperson or Vice-Chairperson of the provincial-level People's Committee as
the Council’s Chair, the agency specialized in management 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 evaluation of
pre-feasibility study reports, funding sources and capital balancing capacity;
c) Command entities specified in point a of this
clause to prepare complete pre-feasibility study reports on the basis of
evaluation opinions.
2. Provincial-level People’s Committees shall
petition same-level People’s Councils to consider granting investment policy
decisions, including such contents as investment objectives, scale, gross
investment, location, timelength, schedule of implementation of a project and
design of funding plans.
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1. Ministries, central and local regulatory
authorities recommend public investment programs and projects using ODA funds
and other foreign preferential borrowings to the Ministry of Planning and
Investment of Vietnam, the Ministry of Finance of Vietnam and other related
entities as per law.
2. The Ministry of Finance of Vietnam presides over
identifying factors of eligibility for preferential treatment, assessing
impacts of ODA and preferential borrowings granted by foreign sponsors with
respect to debt safety ratios, and determining the domestic financial mechanism
under the Law on Public Debt Management.
3. The Ministry of Planning and Investment of
Vietnam consolidates opinions from Ministries, central and local regulatory
authorities concerned, assesses the necessity of each public investment program
and project, makes the preliminary assessment of feasibility, socio-economic
efficiency and environmental impacts (if any), and impacts of each public
investment program or project on the mid-term public investment plan, chooses
to recommend appropriate programs and projects to the Prime Minister of Vietnam
to seek his decision.
4. The Prime Minister considers granting approval
of recommended programs or projects.
5. As for national target programs or public
investment projects of national significance, procedures and processes for
granting investment policy decisions shall be subject to provisions laid down
in Article 19, 20 and 21 herein.
6. As for public investment programs put under the
Government’s decision-making authority, procedures and processes for granting
investment policy decisions shall be subject to provisions enshrined in Article
22 herein.
7. Regarding group-A public investment projects,
procedures and processes for grant of investment policy decisions shall be
subject to provisions enshrined in Article 23 herein.
8.[7]As for public
investment programs or projects put under the Prime Minister’s decision-making
authority as provided in point b and c of clause 4 of Article 17 herein,
procedures and processes for granting investment policy decisions shall be
subject to the following regulations:
a) Governing body sends the
Ministry of Planning and Investment of Vietnam an investment policy
recommendation report;
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c) The Prime Minister considers granting the
investment policy decision.
9. As for public investment programs or projects
not put under the decision-making authority of entities and persons prescribed
in clause 1, 2, 3 and 4 of Article 17 herein, procedures and processes for
granting investment policy decisions shall be subject to the following
regulations:
a) Governing body collects opinions from the
Ministry of Planning and Investment of Vietnam, the Ministry of Finance of
Vietnam and other related entities about an investment policy recommendation
report;
b) Based on these opinions, governing body undertakes
the evaluation and decides whether an investment policy decision is made.
10. Public investment programs or projects using
non-refundable ODA funds and not associated with borrowings shall be exempted
from the requirement for preparation of project recommendation reports.
Article 26. Procedures and processes for grant
of decisions on policies for investment in group-B and group-C public
investment projects using public investment capital under the management of
Ministries or central regulatory authorities
1. Ministers and Heads of central and local
regulatory agencies shall have the following responsibilities:
a) Authorize the entity directly put under their
control to prepare an investment policy recommendation report;
b) Establish a Council to evaluate, or authorize
another competent entity to evaluate, the investment policy recommendation
report, funding sources and capital balancing capacity;
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2. Based on evaluation opinions prescribed in
clause 1 of this Article, Ministers and Heads of central regulatory authorities
issue investment policy decisions, including such contents as investment
objectives, scale, gross investment, structure of funding sources, location,
timelength and schedule of implementation and proposed fund disbursement plan.
Article 27. Procedures and processes for grant
of decisions on policies for investment in group-B and group-C public
investment projects using public investment capital under the management of
local authorities
1. The Chairmen/Chairwomen of all-level People’s
Committees shall assume the following responsibilities:
a) Authorize specialized entities or People’s
Committees at the inferior level to directly prepare investment policy
recommendation reports;
b) Establish a Council to evaluate, or authorize
another competent entity to evaluate, these investment policy recommendation
reports, funding sources and capital balancing capacity with respect to public
investment programs and projects using public investment capital under their
respective jurisdiction;
c) Direct the entities prescribed in point a of
this clause to prepare complete investment policy recommendation reports based
on evaluation opinions.
2. People’s Committees petitions same-level
People’s Councils to consider granting investment policy decisions, including
such contents as investment objectives, scale, total investment capital,
location, timelength, schedule of implementation of a project and proposed fund
disbursement plans, mechanisms, solutions and policies for implementation.
Article 28. Principles, authority, procedures
and processes for grant of decisions on policies for investment in outward
public investment projects and projects in the public-private partnership form
1. Principles, authority, procedures and processes
for grant of decisions on policies for outward investment in group-A, group-B and
group-C projects shall be subject to the Government’s regulations.
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Article 29. Contents of reports on
recommendation of policies for investment in public investment programs
Main contents of reports on recommendation of
policies for investment in public investment programs shall include:
1. Necessity of public investment program for
implementation of objectives of related socio-economic development strategies,
plans and planning schemes in accordance with law on planning;
2. Objectives, extent and scale of a public
investment program;
3. Total estimated investment capital and structure
of resources necessary for implementation of the program, including the
portfolio, capacity for balancing public investment capital, mobilization of
other funds and resources;
4. Proposed plan for disbursement of fund 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, ensure concentrated and efficient investment;
5. Determining costs related to the implementation
process and costs incurred from operation of the program after the program is
completed;
6. Conducting the 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;
7. Splitting constituent projects belonging in the
program as per law;
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Article 30. Contents of pre-feasibility study
reports of public investment projects of national significance and group-A
public investment projects
1. Contents of pre-feasibility study reports of
public investment projects of national significance and group-A public
investment projects with construction components shall be subject to law on
construction.
2. Main contents of pre-feasibility study reports
of public investment projects of national significance and group-A public
investment projects without construction components shall be comprised of the
followings:
a) Necessity of making investment, requirements for
carrying out investment, assessment of relevance to related planning schemes,
subject to law on investment planning and proposals;
b) Forecast of demands, service scope and proposed
investment objectives, scale and form of investment;
c) Investment site, 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 gross investment,
plans to call for capital and funding structure;
i) Preliminary estimation of costs incurred from
operation, maintenance, overhaul and major repair at the stage of exploitation
of a project;
k) Proposed fund disbursement plan and schedule of
implementation of a project and investment phasing;
l) Preliminary measurement of investment efficiency
in socio-economic aspects of a project;
m) Division of constituent projects or subprojects
(if any);
n) Implementation measures.
Article 31. Contents of reports on
recommendation of policies for investment in group-B and group-C public
investment projects
Main contents of reports on recommendation of
policies for investment in group-B and group-C public investment projects shall
include the followings:
1. Necessity of making investment, requirements for
carrying out investment, assessment of relevance to related planning schemes,
subject to law on investment planning and proposals;
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3. Estimated gross investment and structure of
investment capital, capacity for balancing public investment capital,
mobilization of other funds and resources for implementation of a project;
4. Proposed schedule of investment, proposed plan
for disbursement of funds which are adapted for practical conditions and
capacity for calling for resources in the rational order of priority, ensure
concentrated and efficient investment;
5. Preliminarily determining costs related to the
implementation process and costs incurred from operation of a project after it
is completed;
6.[9] Preliminary analysis and assessment of
social impacts; preliminary assessment of environmental impacts (if any) in
accordance with regulations of law on environmental protection; preliminarily
determining investment efficiency in socio-economic aspects;
7. Splitting constituent projects (if any);
8. Implementation measures.
Article 32. Documentation requirements for,
contents and time of evaluation and grant of decisions on policies for investment
in public investment programs and projects
Documentation requirements for, contents and time
of evaluation and grant of decisions on policies for investment in public
investment programs and projects shall be subject to the Government’s
regulations.
Article 33. Delegation of authority to evaluate
funding sources and capacity for balancing funds for public investment programs
and projects
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2. Ministry of Planning and Investment of Vietnam
shall be vested with authority to evaluate funding sources and capacity for
balancing funds for the following programs and projects:
a) National target programs;
b) Public investment 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 regulatory authorities
shall be authorized to mandate their entities specialized in management of
public investment to preside over and cooperate with related entities in
evaluating 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 mid-term investment capital limit that the Prime
Minister informs to apply in the later period of time, and total mid-term
investment capital limit that the National Assembly decides to apply to
Ministries or central regulatory authorities in the period when these programs
or projects are implemented, except those projects specified in clause 2 of
this Article.
4. Chairmen/Chairwomen of all-level People’s
Committees shall be authorized to mandate entities specialized in management of
public investment to preside over and cooperate with related entities in
evaluating funding sources and capacity for balancing funds for public
investment programs or projects using public investment capital under their
jurisdiction provided that these funds do not exceed total mid-term investment
capital limit that the Prime Minister or the competent authority informs to
apply in the later period of time, or total mid-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 capital investment purposes, except those
projects stipulated in clause 2 of this Article.
Article 34. Modification of investment policies
1. The regulatory authority mandated to make
decisions on policies for investment in a public investment program or project
shall be authorized to issue a decision to modify policies for investment in
that program or project and shall be responsible for such decision.
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a) As for public investment programs, these procedures
and processes shall be subject to regulations laid down in Article 19, 20, 21,
22, 25 and 27 herein;
b) As for public investment projects of national
significance, these procedures and processes shall be subject to regulations
laid down in Article 19, 20, 21 and 25 herein;
c) As for group-A public investment projects, these
procedures and processes shall be subject to regulations laid down in Article
23, 24 and 25 herein;
d) As for group-B and group-C public investment
projects, these procedures and processes shall be subject to regulations laid
down in Article 25, 26 and 27 herein.
3. Application documentation submitted to competent
authorities to request grant of decisions to modify investment policies of
public investment programs and projects shall be subject to the Government’s
regulations.
Section 2. DESIGN, EVALUATION OF AND DECISION ON
INVESTMENT IN PUBLIC INVESTMENT PROGRAMS OR PROJECTS
Article 35. Authority to grant decisions on
investment in public investment programs and projects
1. The Prime Minister shall be accorded authority
to issue the decision on investment in the following programs and projects:
a) National target programs and public investment
projects of national significance that have already obtained investment policy
decisions from the National Assembly;
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c) Public investment programs and projects using
ODA funds and preferential borrowings from foreign sponsors in the national
defence, security and religion fields and others which are regulated by the
Government.
2. Ministers and Heads of central regulatory
authorities shall have the following powers:
a) Grant decisions on investment in group-A,
group-B and group-C public investment projects using public investment capital
under their jurisdiction, except those projects specified in point c of clause
1 of this Article;
b) Decentralize powers or grant the authorization
to issue decisions on investment in group-B and group-C public investment
projects prescribed in point a of this clause to their affiliated agencies.
3. Chairmen/Chairwomen 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 which have already
obtained investment policy decisions from provincial-level People’s Councils;
b) Group-A, group-B and group-C public investment
projects put under the management of regulatory authorities at the provincial
level, except for those projects stipulated in point c of clause 1 of this
Article.
4. Chairmen/Chairwomen of district-level and
commune-level People’s Committees shall be vested with authority to grant
decisions on investment in the following programs and projects:
a) Public investment programs which have already
obtained investment policy decisions from same-level People’s Councils;
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5. In case of any adjustment in decisions on
investment in public investment programs and projects, authority to make
decisions on investment in these programs and projects shall be subject to
regulations laid down in clause 3 of Article 43 herein.
6. The Government shall set forth regulations on
decentralization of powers, procedures and processes for making decisions on
investment in public investment 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 entities.
7. Ministers and Head of central and local
regulatory authorities granting decisions on investment in public investment
programs and projects shall have the burden of ensuring investment efficiency
of approved programs and projects.
Article 36. Bases for design, evaluation of and
decision on investment in public investment programs or projects
1. Socio-economic strategy and plan.
2. Related planning scheme provided for in law on
planning.
3. Necessity of public investment program or
project.
4. Objectives of public investment program and
project.
5. Investment policies that have already been
decided by competent authorities.
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Article 37. Procedures for design, evaluation 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 for submission to the Prime Minister.
2. The Prime Minister establishes a State
Evaluation Council chaired by the Minister of Planning and Investment to
evaluate the intended program.
3. The State Evaluation Council conducts the
evaluation regarding issues specified in clause 1 of Article 44 and clause 2 of
Article 45 herein.
4. Based on evaluation opinions of the State
Evaluation Council, the program owner prepares a complete feasibility study
report for that program and drafts an investment decision for submission to the
State Evaluation Council before the Council petitions the Prime Minister to
consider granting the decision.
Article 38. Procedures for design, evaluation of
and decision on investment in public investment programs subject to the
Government’s investment policy decision
1. Based on the investment policy already obtaining
the Government’s decision, the program owner prepares a feasibility study
report for that program and carries out the evaluation in accordance with law
before submission thereof to the Prime Minister.
2. The Ministry of Planning and Investment of
Vietnam conducts the evaluation regarding issues specified in clause 1 of
Article 44 and clause 2 of Article 45 herein.
3. Based on evaluation opinions of 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 for
submission to the Ministry of Planning and Investment of Vietnam before this
Ministry petitions the Prime Minister to consider granting the decision.
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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 evaluation in
accordance with law before submission thereof to the same-level People’s
Committee.
2. The People’s Committee conducts the evaluation
regarding issues specified in clause 1 of Article 44 and clause 2 of Article 45
herein.
3. Based on evaluation opinions of the People’s
Committee, the program owner prepares a complete feasibility study report for
that program and drafts an investment decision for submission to the
Chairman/Chairwoman of People’s Committee to seek its decision.
Article 40. Procedures for design, evaluation of
and decision on investment in public investment projects
1. Procedures for design, evaluation of and decision
on investment in public investment 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 complete
feasibility study report for that project for submission to the governing body
before it petitions the Prime Minister to grant the decision;
b) The Ministry of Planning and Investment of
Vietnam reports to the Prime Minister to establish the State Evaluation Council
to carry out the evaluation of the project;
c) The State Evaluation Council conducts the
evaluation regarding issues specified in clause 2 and 3 of Article 44 and
clause 2 of Article 45 herein;
d) Based on evaluation opinions, the project owner
prepares a complete feasibility study report for that project for submission to
the governing body before it grants approval and sends it to the State
Evaluation Council;
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2. Procedures for design, evaluation of and
decision on investment in public investment projects not falling in the case
specified in clause 1 of this Article and existing 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) Ministers, Heads of central regulatory
authorities and Chairmen/Chairwomen of People’s Committees at any level may
establish the evaluation council or authorize their affiliates specialized in
management of public investment to carry out the evaluation of the intended
project;
c) The evaluation council or the entity specialized
in management of public investment conducts the evaluation regarding issues
specified in clause 2 of Article 44 and clause 2 of Article 45 herein;
d) Based on evaluation opinions, the project owner
prepares a complete feasibility study report for the project for submission to
the competent authority to seek its investment decision.
3. Procedures for design, evaluation of and
decision on investment in public investment projects with construction
components shall be subject to law on construction and other regulations of
relevant laws, except public investment projects of national significance.
4.[10] Principles of, authority over,
contents of, procedures and processes for design and evaluation of and decision
on feasibility study reports for projects existing in the public-private
partnership form shall be subject to law on investment made in the
public-private partnership form.
5. Procedures for design, evaluation and approval
of the budget estimate for investment preparatory tasks and planning tasks
shall be regulated as follows:
a) Based on investment preparatory tasks and
planning tasks obtaining decisions from competent authorities, entities
assigned these tasks prepare the budget estimate for these tasks for submission
to Ministers, Heads of central regulatory authorities and Chairmen/Chairwomen
of People’s Committees at any level to seek their decisions;
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c) The evaluation council or the entity specialized
in management of public investment conducts the evaluation regarding inclusions
in the budget estimate provided for in law, such as standards and limits of
expenditures on performing these tasks;
d) Based on evaluation opinions, the project owner
prepares a complete budget estimate for these tasks for submission to
Ministers, Heads of central regulatory authorities and Chairmen/Chairwomen of
People’s Committees at any level to seek their approval of that budget
estimate.
6. Principles of, authority over, contents of,
procedures and processes for design, evaluation of and decisions on outward
investment in public investment projects shall be subject to the Government’s
regulations.
Article 41. Procedures for design, evaluation of
and decision on investment in public investment programs and projects using ODA
funds and preferential borrowings from foreign sponsors
1. After receiving the investment policy decision,
the governing body grants its decision regarding the program or project owner,
authorizes the program or project owner to cooperate with the sponsor to
prepare the feasibility study report for that program or project for submission
to the competent authority to seek its decision on investment in that program
or project.
2. As for programs and projects under the Prime
Minister’s decision-making jurisdiction as provided in point c of clause 1 of
Article 35 herein:
a) procedures for design, evaluation of and
decision on investment in national target programs or public investment
projects of national significance shall be subject to provisions laid down in
Article 37 and clause 1 of Article 40 herein;
b) the Ministry of Planning and Investment of
Vietnam conducts the evaluation of the feasibility study report for other
program or project, and petitions the Prime Minister to consider granting the
decision.
3. Head of the governing body shall be responsible
for conducting the evaluation and granting decisions on investment in these programs
and projects under his/her decision-making jurisdiction.
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5. Entities presiding over the evaluation must
collect opinions from other related entities, and must take procedures and
processes and sponsor’s opinions into consideration.
Article 42. Procedures and processes for grant
of decisions on investment in urgent public investment projects
1. Ministers, Heads of central regulatory
authorities and Chairmen/Chairwomen 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 regulatory
authorities and Chairmen/Chairwomen of People’s Committees at any level grant
investment decisions according to the following procedures and processes:
a) Authorize their specialized affiliates or
entities having competence to take charge of conducting project survey and
preparing the project recommendation report;
b) Authorize entities specialized in management of
public investment or entities having competence to carry out the evaluation of
the project;
c) Direct entities specified in point a of this
clause to prepare a complete project recommendation report for submission to
the competent authority to seek its decision as provided in Article 35 herein.
3. Ministers and Heads of central regulatory
authorities report to the Government on implementation of an urgent public
investment project. Chairman/Chairwoman of People’s Committee reports to the
same-level People’s Council on implementation of the urgent public investment
project in the upcoming meeting.
Article 43. Modification of public investment
programs and projects
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a) in case of adjusting objectives and changing
requirements for implementation thereof in the socio-economic development
strategy and plan and other related planning scheme as provided for in law on
planning;
b) in case of adjusting or ceasing the investment
policy under the competent authority's direction;
c) due to causes of force majeure resulting in
changes in investment objectives, scale, expenses for and duration of
implementation of a public investment program.
2. Modification of a program shall be made:
a) in case of adjusting or ceasing the investment
policy under the competent authority's direction;
b) in case of adjustment in the planning scheme
resulting in direct impacts on the project;
c) due to causes of force majeure resulting in
changes in investment objectives, scale, expenses for and duration of implementation
of a public investment project;
d) under 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 modification and such
efficiency is evaluated by the competent authority;
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3. The regulatory authority mandated to make its
decision on investment in a public investment program or project shall be
authorized to issue a decision to modify that program or project, and shall be
responsible for its own decision.
4. The regulatory authority may modify a public
investment program or project only when that program or project has already
undergone the evaluation, inspection or assessment as provided herein.
5. In case where the modification results in any
increase in the gross investment greater than the one already obtaining the
investment policy decision from the competent authority, the project must
follow procedures and processes for grant of decisions on modification of
investment policies before receipt of the decision on modification of the
project from the competent authority.
6. Contents of, procedures and processes for design
and evaluation of modification of public investment programs and projects shall
be subject to the Government’s regulations.
Article 44. Contents of feasibility study
reports of public investment programs and projects
1. A feasibility study report of a public
investment program shall have the following main subject matters:
a) Necessity of 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 goals, outcome and
main indicators defined in each stage;
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dd) Constituent projects belonging to the program
that need to be implemented to attain the program’s objectives, priority order
and schedule of implementation of constituent projects;
e) Estimated gross 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;
h) Solutions to implementing the program;
regulations and policies applied to the program; capability of integrating and
coordinating with other programs;
i) International cooperation requirement (if any);
k) Arrangements made to implement the program;
l) Assessment of the overall socio-economic
efficiency of the program.
2. Feasibility study report of the project without
construction components shall contain the following main subject matters:
a) Necessity of investment;
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c) Analysis and determination of objectives, tasks
and output 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 destination;
dd) Plans for management, operation and use of the
project;
e) Environmental impact assessment and
environmental protection measures;
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 gross investment, funding
structure and capital mobilization plans;
k) Determination of costs incurred from operation,
maintenance, overhaul and major repair 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 regarding the process of implementation of the project and
design of the machinery for management and operation of the project;
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3. Contents of feasibility study reports of
projects with construction components shall be subject to law on construction
and other provisions of relevant laws.
Article 45. Documentation requirements for,
contents and time of evaluation of, and grant of decisions on policies for
investment in, public investment programs and projects
1. Documentation requirements for evaluation of
public investment programs and projects shall include:
a) Report form submitted to apply for evaluation of
the public investment program and project;
b) Feasibility study report of the public
investment program and project;
c) Other relevant documents.
2. Documentation requirements for grant of
decisions on public investment programs and projects, contents of, time of
evaluation of and decision on public investment programs and projects shall be
subject to the Government’s regulations.
Chapter III
DESIGN, EVALUATION, APPROVAL AND ASSIGNMENT OF TASKS
OF PUBLIC INVESTMENT PLAN
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Article 46. Classification of public investment
plans
1. Public investment plans shall be classified by
the planned time limits, including:
a) Mid-term public investment plan that must be
valid for the period of 05 years and must be in line with the 5-year
socio-economic development plan;
b) Annual public investment plan that must be made
to support the implementation of the mid-term public investment plan and must
fit into objectives of the annual socio-economic development plan and the
annual public investment budget balance.
2. Public investment plans shall be classified by
levels of regulatory authority, including:
a) National public investment plan;
b) Public investment plans of Ministries and
central regulatory authorities;
c) Public investment plans of local authorities at
any level.
3. Public investment plans shall be classified by
funding sources, including:
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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 projects in the public-private
partnership form, subject to law on state budget;
c) Plan for investment of legitimate revenues that
state regulatory authorities and public service units retain for investment
purposes.
Article 47. Bases for formulation of mid-term
and annual public investment plans
1. Midterm public investment plan shall be
formulated on the following bases:
a) Current conditions and outcomes of
implementation of the 5-year socio-economic development plan and the midterm
public investment plan developed in the previous stage;
b) Socio-economic development strategy; national,
sector-specific, industry-specific and local 5-year socio-economic development
plans; 5-year financial plan; 5-year borrowing and public debt repayment plans;
preferred investment objectives included in 5-year national, sector-specific,
industry-specific and local public investment plans;
c) Related planning scheme provided for in 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;
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2. 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) Midterm public investment plan;
d) Demands for and capabilities of balancing
resources for the purposes of investing in construction of socio-economic
infrastructure in the plan year.
Article 48. Principles of formulation of
mid-term and annual public investment plans
1. Agree with developmental objectives included in
the socio-economic development strategy, 5-year and annual national,
sector-specific, industry-specific or local socio-economic development and
other approved plans, 5-year financial plan, and 5-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. Distribution of public investment capital must
adhere to principles, criteria and norms of distribution of public investment
capital in specific stages that have already been approved by competent
authorities.
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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,
regulations and policies; ensure that investment management powers are
decentralized and autonomy is granted to Ministries, central and local
regulatory authorities in accordance with laws in order to enhance investment
efficiency.
7. Annual public investment plan must be consistent
with the approved midterm public investment plan.
Article 49. Contents of reports on midterm
public investment plans submitted to competent authorities to seek their
approval
1. Review of progress in and outcomes of implementation
of the midterm public investment plan existing in the previous stage.
2. Socio-economic development objectives; mid-term
sector- and industry-specific investment objectives and investment structure
directions. Classification by specific sectors or industries shall be subject
to provisions enshrined in the Law on State Budget.
3. Capabilities of calling for and balancing funds;
estimated gross investment in carrying out socio-economic, sector- and
industry- specific midterm development goals and tasks, including funds for
carrying out planning tasks, investment preparatory tasks, project execution
tasks and repayment of advances and other borrowings granted by local banks for
investment purposes.
4. Total state budget capital in the midterm public
investment plan, including the central budget’s capital, the local budget’s
capital; the central budget’s gross capital specific to sectors, industries and
proposed transfers to specific Ministries, central regulatory authorities and
target transfers from the central budget to the local budget, with respect to
reports presented to the National Assembly. Total capital of each entity
allocated the public investment plan using the local budget specific to
sectors, industries and target transfers to the inferior budget with respect to
reports presented to People's Councils at any level.
5. Principles and criteria for allocation of
capital from the midterm public investment plan.
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7. Measures for implementation and expected
outcomes.
Article 50. 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.
3. Capability of calling for and balancing capital
to be realized in the plan year.
4. Selecting the investment portfolio and capital
allocated to specific projects to ensure relevance to the portfolio of projects
belonging to the midterm public investment plan and capabilities of balancing
the annual budgeted capital.
5. Measures for administration, arrangements for
implementation and expected outcomes.
Article 51. Principles for allocation of capital
included in the midterm and annual public investment plans for public
investment programs and projects
1. Serve the purposes of carrying out developmental
goals and directions specified in the approved socio-economic development
strategy, plan and planning scheme.
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3. Concentrate on allocating public investment
capital to complete and accelerate the progress in implementation of national
target programs, public investment projects of national significance, key
public investment programs and projects of great significance to the socio-economic
development of the entire nation, regulatory authorities at any level and
sectoral administrations.
4. In each sector or industry, public investment
capital shall be allocated in the following order of priority:
a) Public investment projects already completed and
transferred for use and yet to obtain the adequate amount of allocated capital;
b) Reciprocal capital for investment projects using
ODA and other preferential borrowed funds of foreign sponsors;
c) State capital participation in implementing
projects in the public-private partnership form;
d) Transitional projects to be implemented
according to the approved schedule;
dd) Projects expected to be completed during the
plan period;
e) New projects meeting requirements specified in
clause 5 of this Article.
5. Budgeted capital for new public investment
programs and projects must be allocated in conformance to the following
requirements:
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b) These new public investment programs and
projects must be implemented after allocation of capital for repayment of debts
accruing from capital construction which are subject to clause 4 of Article 101
herein;
c) The adequate amount of allocated capital must be
provided for completion of these new public investment programs and projects
according to the approved investment schedule.
6. The National Assembly shall make its decision on
the investment capital, the use and date of use of the central budget’s general
provisions for the national midterm public investment plan. People’s Councils
at any level shall make its decision on the investment capital, the use and
date of use of the general provisions in their respective budget for midterm
public investment plans.
Article 52. Requirements for eligibility of
other public investment programs, projects, tasks and objects for entering into
the midterm public investment plan
In order for other public investment programs,
projects, tasks and objects to enter into midterm public investment plans, they
must comply with 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 midterm public investment plan in the previous stage;
2. Public investment programs and projects already
obtaining investment policy decisions from competent authorities, and new
public investment projects, have to ensure that the maximum duration of
disbursement of capital for implementation of group-A, group-B and group-C
public investment projects is 6, 4 and 3 years, respectively.
After such duration has expired, the Prime Minister
shall grant the decision on the time of disbursement of capital for
implementation of public investment projects using the central budget's capital
while the provincial-level People's Council shall grant the decision on the
time of disbursement of capital for implementation of public investment
projects using the local budget’s capital;
3. Public investment tasks and projects are
classified as those referred to in clause 6 of Article 18 herein;
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Article 53. Requirements for eligibility of
other public investment programs, projects, tasks and objects for access to the
budgeted capital specified in the annual public investment plan
1. Other public investment programs, projects,
tasks and objects have to be listed in the midterm public investment plan,
except urgent public investment projects.
2. Other public investment programs, projects,
tasks and objects have obtained the competent authority’s decisions.
Article 54. Investment preparatory capital,
capital used for carrying out planned tasks and capital used for implementing
projects listed in midterm and annual public investment plans
1. Investment preparatory capital may be allocated
for the purposes of designing, evaluating and grant decisions on investment
policies; designing, evaluating and grant decisions on investment in projects.
2. Capital used for carrying out planning tasks may
be allocated with the aim of formulating, evaluating, adopting or approving,
releasing and adjusting a planning scheme, subject to provisions laid down in
law on planning.
3. Capital used for implementing projects may be
allocated for the purposes of clearing project sites, making technical designs,
construction drawings, creating an estimate of costs of projects or workloads
thereof, carrying out construction and other activities under project approval
decisions.
Article 55. Procedures for design and evaluation
of midterm public investment plans
1. Prior to June 30 of the fourth year in the
previous public investment plan, the Ministry of Planning and Investment of
Vietnam formulates and petitions the Prime Minister to approve directions and
criteria for distribution of estimated midterm public investment funds to Ministries,
central and local regulatory authorities.
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3. Prior to August 15 of the fourth year in the
previous midterm public investment plan, the Ministry of Planning and
Investment of Vietnam provides Ministries, central and local regulatory
authorities with instructions about objectives, requirements, duration and
schedule of formulation of the midterm public investment plan.
4. According to the Prime Minister’s regulations
and instructions given by the Ministry of Planning and Investment of Vietnam,
other Ministries and central regulatory authorities shall assume the following
responsibilities:
a) Authorize bodies specialized in management of
public investment to provide instructions to design midterm public investment
plans;
b) Authorize their directly affiliated entities and
units using public investment capital to design the subsequent midterm public
investment plan within the scope of their respective duties, report supervisory
bodies to consider such plan according to the schedule under the Prime
Minister’s regulations and according to the instructions given by the Ministry
of Planning and Investment of Vietnam;
c) Authorize bodies specialized in management of
public investment to carry out the evaluation of the subsequent midterm public
investment plan according to the schedule specified in the Prime Minister's
decision and instructions given in the Ministry of Planning and Investment of
Vietnam;
d) Authorize bodies specialized in management of
public investment to prepare the midterm public investment plan for submission
to the competent authority to review, complete and send it to the Ministry of
Planning and Investment of Vietnam and the Ministry of Finance of Vietnam
according to the schedule specified in the Prime Minister’s regulations and
instructions given by the Ministry of Planning and Investment of Vietnam.
5. According to the Prime Minister’s regulations
and instructions given by the Ministry of Planning and Investment of Vietnam,
provincial-level People’s Committees shall assume the following
responsibilities:
a) Instruct local authorities and units to prepare
the subsequent midterm public investment plan;
b) Authorize entities and units using public
investment capital to design and evaluate the subsequent midterm public
investment plan to ensure that these activities fall within the scope of their
assigned duties and the investment capital used for such plan does not exceed
the budgeted capital under their management, and report to supervisory bodies
to review it before submission to bodies specialized in management of public
investment at the provincial level;
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d) Authorize bodies specialized in management of
public investment at the provincial level to prepare provincial-level midterm
public investment plans for the subsequent period for submission to
provincial-level People’s Committees for review purposes;
dd) Petition provincial-level People’s Councils to
give their opinions on midterm public investment plans for the subsequent period;
e) Prepare complete ones for submission to the
Ministry of Planning and Investment of Vietnam and the Ministry of Finance of
Vietnam.
6. District-level and commune-level People’s
Committees take charge of designing, evaluating, or authorizing bodies specialized
in management of public investment to design or evaluate, subsequent midterm
public investment plans of their own, submit them to same-level People's
Councils to obtain their opinions and send them to superior-level People’s
Committees in accordance with point a of clause 5 of this Article.
7. Prior to January 31 of the fifth year in the
previous midterm public investment plan, the Government estimates state budget
balancing capabilities to determine capital expenditures for the subsequent
period.
8. From February 1 to April 30 of the fifth year in
the previous midterm public investment plan, the Ministry of Planning and
Investment of Vietnam presides over the evaluation of the plan and method for
allocation of capital specified in midterm public investment plans funded by
the central budget of Ministries, central and local regulatory authorities.
9. After receipt of evaluation opinions from the
Ministry of Planning and Investment of Vietnam, other Ministries and central
regulatory authorities prepare their complete midterm public investment plans
for the subsequent period for submission to the Ministry of Planning and
Investment of Vietnam and the Ministry of Finance of Vietnam ahead of June 30
of the fifth year in the previous midterm public investment plan.
10. After receipt of evaluation opinions from the
Ministry of Planning and Investment of Vietnam, provincial-level People’s
Committees shall assume the following responsibilities:
a) Authorize district-level and commune-level
People’s Committees to prepare complete midterm public investment plans of
their own for submission to same-level People's Councils to seek their opinions
before they have to submit them to provincial-level People's Committees prior
to May 31 of the fifth year in the previous midterm public investment plan;
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c) Prepare complete midterm public investment plans
for the subsequent period for submission to the Ministry of Planning and
Investment of Vietnam and the Ministry of Finance of Vietnam ahead of June 30
of the fifth year in the previous midterm public investment plan.
11. Prior to July 31 of the fifth year in the
previous midterm public investment plan, the Ministry of Planning and
Investment of Vietnam compiles the national midterm public investment plan for
submission to the Government.
Article 56. Procedures for design and evaluation
of annuals public investment plans
1. Prior to every May 15, the Prime Minister
promulgates regulations on designing the socio-economic development plan and
making the subsequent-year state budget estimate under which this plan and
estimate must describe main aims and objectives and assignment of duties to
take control of drawing up the subsequent-year public investment plan.
2. Prior to every June 15, the Ministry of Planning
and Investment of Vietnam provides Ministries, central and local regulatory
authorities with instructions about the socio-economic development plan,
objectives, requirements, contents, duration and schedule of formulation of the
subsequent-year midterm public investment plan.
3. Prior to every June 30, Ministries, central and
local regulatory entities provide their subordinate entities and units to prepare
subsequent-year public investment plans.
4. Prior to every July 20, bodies specialized in
management of public investment take charge of preparing, evaluating and
compiling subsequent-year public investment plans to ensure that these
activities fall within the scope of their assigned duties and the budget for
each of such plans does not exceed the limit of expenditures under their
management, and reporting to same-level People's Committees.
5. Prior to every July 25, People’s Committees
present the proposed public investment plan in the subsequent year to
same-level People’s Councils to seek their ratification.
6. Prior to every July 31, Ministries, central and
local regulatory authorities prepares complete subsequent-year public
investment plans for submission to the Ministry of Planning and Investment of
Vietnam and the Ministry of Finance of Vietnam.
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8. Prior to every August 25, Ministries, central
and local regulatory authorities prepares complete subsequent-year public
investment plans for submission to the Ministry of Planning and Investment of
Vietnam and the Ministry of Finance of Vietnam.
9. Prior to every August 31, the Ministry of
Planning and Investment of Vietnam compiles the national subsequent-year public
investment plan for submission to the Government.
Section 2. DESIGN, EVALUATION, APPROVAL AND
ASSIGNMENT OF TASKS OF PUBLIC INVESTMENT PLANS
Article 57. Principles of selection of
investment portfolio, estimation of public investment capital allocated to
specific projects listed in midterm and annual public investment plans funded
by the state budget’s capital
1. These activities shall be subject to regulations
laid down in Article 51, 52, 53 and 54 herein.
2. Corresponding to capabilities of balancing state
budget capital mentioned in midterm and annual public investment plans,
estimating capabilities of calling for other funding sources for use in public
investment projects using multiple investment capital.
3. These activities have to fall within public
investment programs and tasks of using capital expenditures funded by the state
budget which have already been approved.
4. Conforming to principles, criteria and norms of
distribution of the state budget’s capital expenditures during the plan period.
5. Investment capital allocated to specific public
investment programs and projects is not allowed to exceed the gross investment
capital for approved public investment programs and projects.
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1. These activities shall be subject to regulations
laid down in Article 51, 52, 53 and 54, and clause 4 and 5 of Article 57
herein.
2. Corresponding to capabilities of balancing the
local budget’s revenues and expenditures, midterm and annual public investment
plans, and capabilities of calling for other funding sources for use in public
investment projects using multiple investment capital.
3. These activities have to fall within public
investment programs and tasks of using capital expenditures funded by the local
budget which have already been approved.
Article 59. Formulation, evaluation, approval
and assignment of tasks of midterm and annual plans of capital funded by
legitimate revenues of state regulatory authorities and public service units
retained for investment purposes
1. State regulatory authorities and public service
units using capital from legitimate revenues retained for investment purposes
must prepare midterm and annual public investment plans for submission to
Ministries, central regulatory authorities and People’s Committees at any level
taking direct control of these entities
2. Ministries, central regulatory authorities and
People’s Committees at any level shall be responsible for evaluating, 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. Midterm and annual public investment plans using
legitimate revenues that state regulatory authorities and public service units
retain for use in investment activities shall be independent of midterm and annual
public investment plans using the state budget's capital.
4. Ministries, central regulatory authorities and
provincial-level People’s Committees shall be responsible for compiling midterm
and annual public investment plans using legitimate revenues that state
regulatory authorities and public service units retain for use in investment
activities, and submitting them to the Ministry of Planning and Investment of
Vietnam and the Ministry of Finance of Vietnam for compiling purposes and for
making representations to the Government and National Assembly.
5. The Government shall set out specific provisions
of this Article.
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1. In the year-end meeting held in the fifth year
of the National Assembly's tenure, the Government shall propose the midterm
public investment plan for the subsequent period to the National Assembly to
get its opinions on contents thereof specified in Article 49 herein; in
particular, with respect to the first year’s public investment plan for the
subsequent period, based on the estimate of the state budget’s capital
expenditures in the first year, the Government shall submit it to the National
Assembly to seek its decision issued in this meeting.
2. According to opinions of the previous National
Assembly, the Government shall present to the current National Assembly in the
meeting the contents specified in Article 49 herein. The National Assembly shall
consider issuing its decision on the midterm public investment plan, including
the following contents:
a) Aims and objectives of midterm public investment
of the state budget’s capital to be made on a nationwide scale;
b) Gross investment capital listed in midterm
public investment plans using the state budget’s capital, including the capital
of the central government’s and local government’s budget;
c) Gross investment capital included in the midterm
public investment plan using the central government’s budget capital specific
to sectors, industries, estimate of capital amounts allocated to specific
Ministries, central regulatory authorities and target transfers from the
central government's budget to the local government's budget;
d) Investment portfolio and investment capital of
public investment projects of national significance and national target
programs;
dd) Main solutions and policies for implementation
of midterm public investment plans.
3. The Prime Minister shall assign tasks of midterm
public investment plans, including total capital and structure of the state
budget’s capital, to Ministries, central and local regulatory authorities;
investment portfolio, capital of public investment programs and projects,
capital used for performing planned tasks, investment preparatory tasks and
other public investment objects using the central budget's capital.
Article 61. Submission, representation, approval
and assignment of tasks of annual public investment plans using the state
budget's capital
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2. Before every October 20, the Government shall
propose public investment plans using the state budget’s capital intended for
the subsequent year to the National Assembly.
3. Before every November 15, the National Assembly
shall make its decision on public investment plans using the state budget’s
capital intended for the subsequent year.
4. Before every November 30, the Prime Minister
shall assign tasks involved in 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 regulatory authorities.
5. Before every December 31, Ministries, central
and local regulatory authorities shall organize the detailed distribution of
the capital of public investment plans using the state budget's capital
intended for the subsequent year, investment portfolio and capital allocated to
specific projects to their directly affiliated entities and units and
inferior-level People’s Committees, and shall send detailed distribution plans
to the Ministry of Planning and Investment of Vietnam for compiling purposes,
for reporting to the Government and for monitoring purposes.
Article 62. Submission, representation, approval
and assignment of tasks of midterm public investment plans using the local
budget's capital
1. Before December 05 of the fifth year in the
previous midterm public investment plan, People’s Committees shall propose
contents prescribed in Article 49 to get opinions from same-level People's
Councils; in particular, with respect to the first year’s public investment
plan for the subsequent period, based on the estimate of the local budget’s
capital expenditures, People’s Committees shall propose such plan to seek the
decision from same–level People’s Councils.
2. Pursuant to the National Assembly’s resolution
regarding midterm public investment plans for the new period and the resolution
of the provincial-level People's Council regarding the 5-year socio-economic development
plan, the provincial-level People's Council shall decide on midterm public
investment plans to be implemented at their localities, including total
budgeted capital of midterm public investment plan, investment portfolio,
capital allocated to specific projects using the provincial budget's capital
and target transfers to the inferior budget, and shall send a report to the
Ministry of Planning and Investment of Vietnam and the Ministry of Finance of
Vietnam for compiling purpose and reporting to the Government.
3. Pursuant to the resolution of the
provincial-level People’s Council regarding a midterm public investment plan,
the district-level People’s Council shall decide the midterm public investment
plan under its jurisdiction, including total budgeted capital of the midterm
public investment plan, investment portfolio and the local budget's capital
allocated to specific projects and target transfers to the inferior budget.
4. Pursuant to the resolution of the district-level
People’s Council regarding a midterm public investment plan, the commune-level
People’s Council shall decide the midterm public investment plan under its
jurisdiction, including total budgeted capital of the midterm public investment
plan, investment portfolio and the local budget's capital allocated to specific
projects.
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Article 63. Submission, representation, approval
and assignment of tasks of annual public investment plans using the local
budget's capital
1. Before every December 5, People’s Committee
shall present subsequent-year public investment plan to the same-level People’s
Council, including investment portfolio and capital allocated to specific
projects.
2. Before every December 10, the provincial-level
People’s Council shall decide the subsequent-year public investment plan under
its jurisdiction, including investment portfolio and capital allocated to
specific projects.
3. Before every December 20, the district-level
People’s Council shall decide the subsequent-year public investment plan under
its jurisdiction, including investment portfolio and capital allocated to
specific projects.
4. Before every December 31, the People's Committee
at any level shall assign tasks of subsequent-year public investment plan to
their affiliates.
Chapter IV
IMPLEMENTATION, MONITORING, ASSESSMENT, AUDIT AND
SUPERVISION OF PUBLIC INVESTMENT PLANS, PROGRAMS AND PROJECTS
Section 1. CONDUCT AND IMPLEMENTATION OF PUBLIC
INVESTMENT PLANS
Article 64. Administration of public investment
plans
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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 midterm and annual
public investment plans, Ministries, central and local regulatory authorities,
district-level, commune-level People's Committees and other affiliated entities
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 public investment programs using
the state budget’s capital of Ministries, central and local regulatory
authorities, affiliated entities and units using public investment capital
provided that goals and objectives of public investment programs and projects
are not changed.
4. The Chairman/Chairwoman of the provincial-level
People’s Committee may decide to coordinate and integrate funding sources
intended for implementation of public investment programs and projects using
the local budget’s capital and other borrowings of the local budget for
investment purposes provided that goals and objectives of public investment
programs and projects remain unchanged.
Article 65. Enforcement of public investment
plans
1. Ministries, central and local regulatory
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 affiliated entities and units using public investment
capital;
b) Report to senior competent authorities on
assignment of tasks of public investment plans.
2. Affiliated entities 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 bodies specialized in management 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.
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1. Ministries, central and local regulatory
authorities, district-level and commune-level People’s Committees, affiliated
entities 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 public investment projects according
to the schedule and budget plan already decided by competent authorities;
c) Plan and organize procurement to select
contractors with respect to bids belonging to public investment 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 bids already completed and transferred to put these projects in
operation;
dd) Balance funding sources to repay debts accruing
from capital construction activities as provided in clause 4 of Article 101
herein;
e) Ensure scope and scale of investment in each
public investment project are aligned with objectives, sectors and programs
already approved and conform to plans for use of allocated capital;
g) Monitor, inspect and assess implementation of
public investment plans.
2. The Ministry of Planning and Investment of
Vietnam shall provide instructions for, monitor, assess and inspect
implementation of midterm and annual public investment plans of Ministries,
central regulatory authorities and provincial-level People’s Committees.
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4. The Government shall adopt specific regulations
on implementation of public investment plans.
Article 67. Modification of public investment
plans
1. The National Assembly shall decide to modify the
entire midterm and annual public investment plan 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 sorts.
2. The National Assembly Standing Committee shall
decide to modify midterm and annual public investment plans using the central
budget’s capital to ensure the concordance between those of Ministries, central
and local regulatory authorities if total midterm and annual investment capital
already decided by the National Assembly are kept unchanged.
3. The Prime Minister shall, after allowing for
specific circumstances arising in the plan period, decide to modify midterm
public investment plans using the central budget’s capital of Ministries,
central and local regulatory authorities that is assigned in accordance with
clause 3 of Article 60 herein in comparison with the gross investment capital
of specific Ministries, central and local regulatory authorities under the
National Assembly’s decision.
4. The Ministry of Planning and Investment of
Vietnam shall assume the following responsibilities:
a) Preside over the evaluation of plans for
modification of midterm public investment plans using the central budget’s
capital to ensure concordance between these plans of Ministries, central and
local regulatory authorities, and report to the Government to propose such
modification to the National Assembly Standing Committee to seek its decision;
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5. Ministers and Heads of central regulatory
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 listed in the investment
portfolio decided by competent authorities provided that it does not exceed the
gross investment capital assigned by competent authorities in public investment
plans;
b) Send reports to the Ministry of Planning and
Investment of Vietnam and the Ministry of Finance of Vietnam for compiling and
monitoring purposes with respect to the central budget’s capital.
6. The provincial-level People’s Committee shall
have the following powers and responsibilities:
a) Adjust annual public investment plans using the
central budget’s target transfers under their jurisdiction provided that they
do not exceed the gross investment capital assigned by competent authorities in
public investment plans;
b) Send reports to the Ministry of Planning and
Investment of Vietnam and the Ministry of Finance of Vietnam for compiling and
monitoring purposes with respect to the central budget’s target transfers.
7. The People’s Council at any level shall decide
to modify midterm 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 sorts at localities;
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8. People’s Committee at any level shall decide to
modify midterm and annual public investment plans using the local budget’s
capital for investment purposes between and within the sectors, industries and
programs of entities and units using such capital, and report to the same-level
People’s Council in the upcoming meeting.
9. The Government shall adopt specific regulations
on processes and procedures for modification of midterm and annual public
investment plans using the state budget’s capital.
Article 68. Deadlines for implementation and
disbursement of capital defined in midterm and annual public investment plans
1. Implementation and disbursement of capital defined
in midterm and annual public investment plans shall last till end of January 31
of the first year in the midterm public investment plan for the subsequent
period.
2. Implementation and disbursement of capital of
midterm and annual public investment plans shall last till January 31 of the
subsequent year. In case any force majeure event occurs, the Prime Minister
shall decide the deadline with respect to the central budget while the
provincial-level People’s Council shall decide the deadline with respect to the
local budget. In such situations, the timelength of implementation may be
extended but not later than December 31 of the subsequent year.
3. As for public investment programs and projects
using non-refundable ODA funds which have not yet been estimated or exceed the
estimated budget assigned to them, the Government shall report to the National
Assembly Standing Committee to get their opinions beforehand and make
representations to the National Assembly in the upcoming meeting.
Section 2. MONITORING, ASSESSMENT, AUDIT AND
SUPERVISION OF PUBLIC INVESTMENT PLANS, PROGRAMS AND PROJECTS
Article 69. Monitoring and inspection of public
investment plans
1. Bodies specialized in management of public
investment shall take charge of monitoring and inspecting public investment
plans under their management.
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a) Review of implementation of law on public
investment;
b) Design, evaluation, approval and assignment of
tasks of public investment plans;
c) Design, evaluation, approval and implementation
of public investment programs and projects listed in public investment plans;
d) Review of implementation of the previous-year
public investment plan;
dd) Review of debts accruing from capital
construction activities, waste and loss arising from public investment
activities.
Article 70. Assessment of public investment
plans
1. Midterm public investment plans shall be subject
to the assessment made during and 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:
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b) Impacts of public investment plans on attraction
of investments from other funding sources and socio-economic development
outcomes;
c) Feasibility of public investment plans;
d) Review of public investment management;
dd) Difficulties and problems; causes of
difficulties and problems arising from implementation of public investment
plans and recommended solutions.
Article 71. Monitoring and inspection of public investment
programs and projects
1. Governing bodies, program and project owners,
persons competent in making 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 public investment programs and
projects shall be carried out under the following regulations:
a) Program or project owner shall inspect public
investment programs or projects under their delegated authority;
b) Governing body and person competent in making
investment decisions shall carry out at least one inspection of public
investment programs or projects with the duration of implementation thereof
which is more than 12 months;
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d) State regulatory authorities in charge of public
investment shall decide to carry out the planned or unplanned inspection of
public investment programs and projects.
Article 72. Assessment of public investment
programs and projects
1. Assessment of public investment programs and projects
may be classified into initial assessment, midterm or stage-by-stage
assessment, final assessment, impact assessment and ad-hoc assessment.
2. Public investment programs must be subject to
the midterm or stage-by-stage assessment, final assessment and impact
assessment.
3. Public investment projects of national
significance and group-A public investment projects shall be subject to the
initial assessment, midterm assessment, final assessment and impact assessment.
4. Group-B and group-C public investment projects
shall be subject to the final assessment and impact assessment.
5. Notwithstanding provisions laid down in clause
2, 3 and 4 of this Article, governing bodies, persons competent in making
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 73. Subject matters of assessment of
public investment programs and projects
1. The primary assessment shall address:
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b) Difficulties and unsolved issues that may arise
in comparison with those arising on the date of approval of public investment
program and 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:
a) Consistency of outcomes of a public investment
program and project with investment goals and objectives;
b) Level of completion of workloads determined till
the assessment date compared with that specified in the approved plan;
c) Recommended measures, including the measure
regarding adjustments in a public investment program and project.
3. The final assessment shall address:
a) Process of implementation of a public investment
program and project, including: Management of implementation of a public investment
program or project; fulfillment of objectives of a public investment program or
project; mobilized resources; benefits that beneficiaries gain from a public
investment program or project; impacts and sustainability of a public
investment program or project;
b) Lessons learned from the process of
implementation of a public investment program or project and useful advice;
responsibilities of consulting organizations, governing bodies, program/project
owners, persons competent in granting decisions on investment policies,
investment decisions and other entities or persons involved.
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a) Review of current economic - engineering
operational conditions;
b) Socio-economic impacts;
c) Environmental and biological impacts;
d) Project sustainability;
dd) Lessons learned from investment policies,
investment decisions, implementation and operation of a public investment
program or project; responsibilities of consulting organizations, governing
bodies, program/project owners and persons competent in granting decisions on
investment policies, investment decisions and other entities or persons
involved.
5. The ad-hoc assessment shall address:
a) Consistency of outcomes of a public investment
program and project determined at the assessment date with investment goals and
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 entities and persons involved;
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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 74. Public investment supervision
1. Public investment programs and projects shall be
subject to the public supervision. Vietnam Fatherland Front Committees at all
levels shall take charge of ensuring the public supervision and criticism over
investment activities.
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 public investment projects of national
significance, group-A public investment 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) Public investment programs or projects using
portions of the public capital participation;
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dd) Public disclosure and transparency of public
investments prescribed in Article 14 herein;
e) Discovery of acts that may harm public benefits;
negative impacts of a public investment project on the living environment of
the public during the period of investment in and operation of a public
investment project; activities that inflict any loss and waste of capital and
assets of a public investment project.
Article 75. Procedures and processes for public
supervision
1. Vietnam Fatherland Front Committees shall
preside over and cooperate with other socio-political organizations and
entities involved in performing the following tasks:
a) Preparing annual plans for the public
supervision over public investment programs and projects implemented at
localities as prescribed in clause 3 of Article 74 herein;
b) Establishing a public investment supervision
commission in charge of each pubic investment program or project;
c) Informing program/project owners and management
units about supervision plans and the composition of the public investment
supervision commission within the duration of 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
public investment programs and projects under the provisions of clause 2 of
Article 74 herein on an adequate, truthful and timely manner to the public
investment supervision commission;
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c) Take public opinions seriously and strengthen
measures to implement public investment projects.
Article 76. Implementary responsibilities for
monitoring, inspection and assessment of public investment plans, programs and
projects
1. Program/project owners shall take charge of
carrying out the monitoring, inspection, primary, midterm and final assessment
of public investment programs and projects.
2. Governing bodies, investment decision makers and
state regulatory authorities in charge of public investment shall carry out the
monitoring, inspection, impact assessment and ad-hoc assessment of public
investment programs and projects under their delegated authority.
3. Entities subject to the assessment requirement
may carry out self-assessment or hire other experts or qualified and competent
consulting bodies to provide assessment services.
4. The Government shall adopt detailed regulations
on the monitoring, inspection and assessment of public investment plans,
programs or projects and public supervision of public investment activities.
Article 77. Public investment audit
1. Audit of management and use of public investment
capital shall be subject to provisions hereof and other provisions of relevant
law.
2. Audit of public investment activities must be
related to implementation of audit functions and duties of specific competent
entities and must conform to audit documentation requirements and procedures
prescribed in law on auditing.
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Chapter V
DUTIES, POWERS AND RESPONSIBILITIES OF ENTITIES AND
PERSONS INVOLVED IN PUBLIC INVESTMENT ACTIVITIES
Article 78. Duties and powers of the National
Assembly
1. Promulgate laws and resolutions regarding public
investment.
2. Issue decisions on policies for investment in
national target programs and public investment projects of national
significance using public investment capital.
3. Make decisions and adjustments regarding midterm
and annual public investment plans.
4. Adjust criteria for classification of public
investment projects of national significance.
5. Supervise the implementation of public
investment plans, national target programs, and public investment projects of
national significance; supervise compliance with law on public investment.
Article 79. Duties and powers of the Government
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2. Petition the National Assembly to promulgate
laws and resolutions; petition the National Assembly Standing Committee to
promulgate ordinances and resolutions regarding public investment.
3. Promulgate legislative documents on management
of public investment.
4. Recommend the National Assembly to grant
decisions on policies for investment in national target programs and public
investment projects of national significance.
5. Make decisions on policies for investment in
public investment programs as prescribed in clause 2 of Article 17 herein.
6. Prepare midterm and annual public investment
plans for submission to the National Assembly to seek its decision or approval
of modification.
7. Preside over implementation of midterm and
annual public investment plans.
8. Submit review reports to the National Assembly
on implementation of midterm and annual public investment plans, national
target programs and public investment projects of national significance.
9. Take charge of carrying out the inspection and
audit of implementation of midterm and annual public investment plans; inspect
implementation of public investment 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 objectives and public investment policies at localities.
Article 80. Duties and powers of the Ministry of
Planning and Investment of Vietnam
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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 capital expenditures for national investment and development
activities in the specific sectors and industries which are defined in midterm
and annual public investment plans;
3. Prepare the national midterm and annual public
investment plan for submission to the Government and the Prime Minister;
4. Prepare the national midterm and annual public
investment plan for submission to the Government and the Prime Minister so that
the plan is considered before being submitted to the National Assembly or the
National Assembly Standing Committee to seek its approval of any modification;
5. Preside over and cooperate with entities
involved in carrying out the evaluation of funding sources and capital balancing
capability in accordance with Article 33 herein;
6. Bear responsibility to the Government for the
consistent state management of national target programs;
7. Take charge of carrying out, monitoring,
inspecting, assessing and auditing public investment plans, programs and
projects and other tasks of state management related to public investment.
Article 81. Duties and powers of the Ministry of
Finance of Vietnam
1. Cooperate with the Ministry of Planning and
Investment of Vietnam in designing midterm and annual public investment plans.
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3. Preside over and cooperate with the Ministry of
Planning and Investment of Vietnam in instructing financial local authorities
to balance regular expenditures on payment of costs of formulation, evaluation
of and decision on investment policies, approval of decisions on investment in
public investment programs, repair and operation of public investment projects
already brought into operation.
4. 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.
5. Report to the Government on disbursement of
capital to, and final accounts of costs incurred from, public investment plans,
programs and projects.
Article 82. Duties and powers of Ministries and
central regulatory authorities
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 socio-economic
norms.
3. Preside over and cooperate with entities
involved in carrying out the evaluation of funding sources and capital
balancing capability of public investment projects as provided in Article 33
herein.
4.[11] Grant decisions on policies for
investment in projects as per clause 5 and clause 5a of Article 17 herein and
decisions on investment in projects as per clause 2 of Article 35 herein.
5. Take charge of preparing public investment
plans.
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7. Report on implementation and outcomes of public
investment plans, programs and projects.
8. Cooperate with Ministries, central and local
regulatory authorities in carrying out public investment plans, programs and
projects within their assigned duties and under their delegated powers.
Article 83. Tasks and powers of People’s
Councils at all levels
1.[12] Make decisions on policies for
investment in public investment programs and projects as prescribed in clauses
5a, 6 and 7 of Article 17 herein.
2. Review and give opinions on midterm and annual
public investment plans of localities, including investment portfolios and
funds allocated to specific projects using the central budget's target
transfers.
3. Make decisions on investment in midterm and
annual public investment plans of localities, including entire investment
portfolios and funds allocated to specific projects using the local budget's
capital.
4. Supervise public investment 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 84. Powers and responsibilities 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.
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a) Make decisions on policies for investment in
public investment programs and projects using the local budget’s capital;
b) Consider giving opinions on investment policies
for projects under the authority to grant decisions on investment policies
delegated to the Prime Minister as provided in clause 4 of Article 17 herein;
c) Consider granting decisions on midterm and
annual public investment plans based on investment portfolios and capital allocated
to specific projects falling within their remit.
3. Chairman/Chairwoman of the provincial-level
People’s Committee may authorize his/her deputies or heads of specialized
agencies to make decision on investment in group-B and group-C public investment
projects under the provincial-level authority, except those projects specified
in point c of clause 1 of Article 35 herein.
4. Take charge of carrying out, monitoring and
assessing public investment plans using public investment capital that fall
within their respective remit.
5. Cooperate with Ministries and central regulatory
authorities in carrying out, monitoring, inspecting and assessing public
investment programs and projects falling within their remit.
Article 85. Duties and powers of district- or commune-level
People’s Committees
1. Take charge of preparing midterm and annual
public investment plans falling within their remit.
2. Take charge of carrying out the evaluation of
public investment programs and projects falling within their remit.
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a) Issue decisions on policies for investment in
public investment programs and project using the local budget’s capital,
including target transfers from the senior-level budget;
b) Contribute opinions on investment policies for
projects under the authority to grant decisions on investment policies
delegated to the Prime Minister as provided in clause 4 of Article 17 herein
and superior-level People’s Councils;
c) Make decisions on midterm and annual public
investment plans using the local budget’s capital that fall within their remit.
4. District-level and commune-level People’s
Committees shall issue decisions on investment in public investment programs
and projects specified in clause 4 of Article 35 herein.
5. Take charge of carrying out, monitoring,
inspecting, assessing and auditing public investment plans, programs and
projects and other tasks of state management related to public investment that
fall within their remit.
6. Cooperate with regulatory authorities and
entities involved in carrying out, monitoring, inspecting and assessing public
investment programs and projects falling within their remit.
Article 86. Duties and powers of the State Audit
1. Make decisions on annual audit plans in terms of
public investment plans, programs and projects and give prior notice to the
National Assembly before carrying out audit.
2. Take charge of the annual audit plan,
specialized audit and carry out the audit of public investment plans, programs
and projects upon the request of the National Assembly, the National Assembly
Standing Committee, the State President, the Government and the Prime Minister.
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4. Take charge of publicly disclosing and
announcing audit reports on public investment plans, programs and projects
under law.
Article 87. Duties and powers of Vietnam
Fatherland Front Committee
1. Preside over public supervision and criticism of
public investment activities with respect to public investment programs and
projects specified in clause 1 and clause 3 of Article 74 herein and other
provisions of relevant soft law.
2. Conduct public opinion surveys on investment
policies for public investment programs and projects at localities falling
within their remit in accordance with clause 2 of Article 74 herein and law on
implementation of democracy at communes, wards and towns.
Article 88. Rights and responsibilities of
entities and persons regarding recommendation on investment policies
1. Recommend public investment programs and
projects in line with related socio-economic development strategies, plans and
planning schemes as provided in law on planning over periods of time.
2. Mobilize and balance resources to ensure public
investment programs and projects are carried out on schedule and by the
deadlines in accordance with regulations in force.
3. Petition competent authorities to consider
granting decisions on investment policies when proving that public investment
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 recommended public investment programs and projects.
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1. Entities, persons and heads of organizations
shall make decisions on policies for investment in public investment programs
and projects in conformance to regulations laid down in Article 18 herein.
2. Entities, persons and heads of organizations
making investment policy decisions for public investment programs and projects
that are carried out for 2 consecutive terms of midterm public investment plans
must ensure that total value of the gross investment in public investment
programs and projects to be implemented during the midterm public investment
plan for the subsequent period does not exceed 20% of total capital defined in
the midterm public investment plan for the previous period of these entities
and regulatory authorities.
Article 90. Rights and responsibilities of
program/project owners regarding design of public investment programs and
projects
1. Assume legal liability for contents of
documentation submitted to competent authorities to request their evaluation,
inspection and grant of decisions.
2. Provide necessary documents for bodies carrying
out evaluation and inspection of public investment programs and projects.
3. Recommend measures to mobilize funds to ensure
public investment programs and projects are carried out on schedule and by the
deadlines as provided in regulations in force.
4. Assume legal liability for design of public
investment programs and projects.
Article 91. Rights and responsibilities of
entities and persons concerning decisions on investment in public investment
programs and projects
1. Make decisions on investment in public
investment programs and projects according to investment policies already
decided by competent authorities provided that such decisions meet capabilities
of balancing funds falling within their respective remit, conform to standards
and standard regulations on investment and are consistent with evaluation
results.
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3. Balance funds for payment of costs incurred from
design and evaluation of public investment programs and projects falling within
their remit.
4. Command program/project owners to carry out public
investment programs and projects on schedule, and ensure that quality of these
programs and projects falls within the quality standards defined in the
approved public investment plan.
5. Make decisions on termination, temporary
suspension or cancellation of public investment programs and projects.
6. Carry out the monitoring, inspection and
assessment of public investment 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 92. Rights and responsibilities of
entities and persons concerning design consultancy services for public
investment programs and projects
1. Design consultancy service providers may request
program/project owners to provide information and documents related to design
of public investment programs and projects.
2. Design public investment programs and projects
according to standards, standard regulations and norms and engineering
solutions to ensure they meet quality requirements; avoid producing designs
beyond standard regulations, prescribed standards and norms.
3. Take responsibility for results of design of
public investment programs and projects.
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1. Entities and persons involved in the evaluation
of public investment plans, programs and projects shall carry out the
evaluation under law and shall take responsibility for evaluation results and
their own recommendations.
2. The evaluation must ensure independence, integrity,
objectivity and compliance with this Law and other provisions of relevant law.
Article 94. Rights and responsibilities of
program/project owners regarding management and implementation of public
investment programs and projects
1. Take charge of the management and implementation
of public investment programs and projects, and ensure that these programs and
projects are carried out according to defined targets, on schedule, meet
quality and efficiency requirements.
2. Report to and provide information for
supervisory authorities and affiliates of Vietnam Fatherland Front Committees
at all levels on implementation of public investment programs and projects
under this Law and other provisions of relevant law.
Article 95. Rights and responsibilities of Management
Units in charge of public investment programs and projects
1. Recommend plans and measures regarding and
conduct the management and implementation of public investment programs and
projects to ensure that these programs and projects are carried out according
to defined targets, on schedule, meet quality requirements under the mandate
from program/project owners.
2. Report to program/project owners on the progress
in implementation of public investment programs and projects.
Article 96. Rights and responsibilities of
entities and persons for monitoring, inspection and assessment of public
investment plans, programs and projects
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2. Entities and persons authorized to monitor,
inspect and assess public investment 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 remit.
Article 97. Communication system and national
database regarding public investment activities
1. Communication system and national database
regarding public investment activities must be built and applied consistently
on a nationwide scale to state management of public investment, including
compiling, reporting on, assigning and adjusting midterm and annual public
investment plans; monitoring and assessing public investment programs and
projects; managing, storing and publicly disclosing data in accordance with
regulations in force.
2. Responsibilities for building, managing, using
and applying the communication system and national database of public
investment shall be regulated as follows:
a) Ministry of Planning and Investment of Vietnam
shall take charge of building, managing and operating the communication system
and national database of public investment;
b) Ministries, central and local regulatory
authorities shall apply the communication system and national database of
public investment to activities under their jurisdiction.
3. Data and information included in the
communication system and national database of public investment must be
original data and information of or related to public investment programs,
projects and plans.
4. The Government shall set out specific provisions
of this Article.
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Entities and persons committing violations against
this Law shall be disciplined or subject to administrative penalties or
criminal prosecution, depending on the nature and extent of their violation; in
case where any loss or damage occurs, compensation must be paid under law.
Chapter VI
IMPLEMENTATION PROVISIONS [13]
Article 99. Amendments to point a of clause 2 of
Article 25 in the Law on Environmental Protection No. 55/2014/QH13 amended and supplemented
by the Law No. 35/2018/QH14
Amending point a of clause 2 of Article 25 in the
Law on Environmental Protection as follows:
“a) Grant decisions on investment policies for
projects specified in Article 18 herein if they are subject to the regulatory
requirement that binds them to obtain investment policy decisions.
As for public investment projects, competent
authorities may, based on the preliminary assessment of environmental impacts,
grant investment policy decisions; based on the environmental impact
assessment, grant investment decisions with respect to those projects specified
in Article 18 herein. The Government shall adopt specific regulations on
projects and contents of the preliminary assessment of environmental impacts;”.
Article 100. Effect
1. This Law comes into force from January 01, 2020.
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Article 101. Transition
1. If public investment programs and projects
receiving allocated capital defined in investment plans that obtain investment
decisions from competent authorities prior to January 01, 2015 are not
allocated capital according to midterm public investment plans for the period
of 2016 – 2020, modification of these programs and projects shall be subject to
regulations laid down herein.
2. If public investment programs and projects
already obtaining investment policy decisions and investment decisions under
the Law on Public Investment No. 49/2014/QH13 already amended and supplemented
by the Law No. 28/2018/QH14 have not yet mentioned in public investment plans
subject to the competent authority's decisions, modification of investment
policy decisions and investment decisions for these programs and projects shall
be subject to regulations enshrined herein.
3. If public investment programs and projects have
already undergone procedures for design and evaluation prior to the entry into
force of this Law, they must proceed with procedures for recommending them to
seek the competent authority's decisions under the Law on Public Investment No.
49/2014/QH13 already amended and supplemented by the Law No. 28/2018/QH14 and
other instruments providing details and instructions about implementation
thereof.
4. Capital defined in public investment plans shall
be allocated to repay debts only if such debts accrue from capital construction
activities prior to January 1, 2015.
5. Ministries, central and local regulatory
authorities shall be entitled to carry out and disburse funds for public
investment plans of 2019 and 2020 in accordance with the Law on Public
Investment No. 49/2014/QH13 already amended and supplemented by the Law No.
28/2018/QH14 and other instruments providing details and instructions about
implementation thereof./.
CERTIFIED BY
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[1] The Law on Public-Private Partnership
Investment No. 64/2020/QH14 is promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;”
The Law on Environmental Protection No.
72/2020/QH14 is promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;”
The Law No. 03/2022/QH15 providing amendments to
the Law on Public Investment, the Law on Public-Private Partnership Investment,
the Investment Law, the Housing Law, the Law on Electricity, the Law on
Enterprises, the Law on Excise Duties, and the Law on Civil Judgment
Enforcement is promulgated pursuant to:
“The Constitution of the Socialist Republic of
Vietnam;”
The Housing Law No. 27/2023/QH15 is promulgated
pursuant to:
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[2] This Clause is amended according to
Clause 2 Article 196 of the Housing Law No. 27/2023/QH15, which comes into
force from January 01, 2025.
[3] The Point is amended according to Point
a Clause 1 Article 1 of the Law No. 03/2022/QH15 providing amendments to the
Law on Public Investment, the Law on Public-Private Partnership Investment, the
Investment Law, the Housing Law, the Law on Electricity, the Law on
Enterprises, the Law on Excise Duties, and the Law on Civil Judgment
Enforcement, which comes into force from March 01, 2022.
[4] The Point is amended according to Point
a Clause 1 Article 1 of the Law No. 03/2022/QH15 providing amendments to the
Law on Public Investment, the Law on Public-Private Partnership Investment, the
Investment Law, the Housing Law, the Law on Electricity, the Law on
Enterprises, the Law on Excise Duties, and the Law on Civil Judgment
Enforcement, which comes into force from March 01, 2022.
[5] This Point is abrogated according to
point b Clause 1 Article 1 of the Law No. 03/2022/QH15 providing amendments to
the Law on Public Investment, the Law on Public-Private Partnership Investment,
the Investment Law, the Housing Law, the Law on Electricity, the Law on
Enterprises, the Law on Excise Duties, and the Law on Civil Judgment
Enforcement, which comes into force from March 01, 2022.
[6] The clause is added according to point
c Clause 1 Article 1 of the Law No. 03/2022/QH15 providing amendments to the
Law on Public Investment, the Law on Public-Private Partnership Investment, the
Investment Law, the Housing Law, the Law on Electricity, the Law on
Enterprises, the Law on Excise Duties, and the Law on Civil Judgment
Enforcement, which comes into force from March 01, 2022.
[7] The Clause is amended according to
Clause 2 Article 1 of the Law No. 03/2022/QH15 providing amendments to the Law
on Public Investment, the Law on Public-Private Partnership Investment, the
Investment Law, the Housing Law, the Law on Electricity, the Law on
Enterprises, the Law on Excise Duties, and the Law on Civil Judgment
Enforcement, which comes into force from March 01, 2022.
[8] This point is amended according to
Point a Clause 3 Article 169 of the Law on Environmental Protection No.
72/2020/QH14, which comes into force from January 01, 2022.
[9] This Clause is amended according to
Point b Clause 3 Article 169 of the Law on Environmental Protection No.
72/2020/QH14, which comes into force from January 01, 2022.
[10] This Clause is amended according to Clause
2 Article 99 of the Law on Public-Private Partnership Investment No.
64/2020/QH14, which comes into force from January 01, 2021.
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[12] The Clause is amended according to
Clause 4 Article 1 of the Law No. 03/2022/QH15 providing amendments to the Law
on Public Investment, the Law on Public-Private Partnership Investment, the
Investment Law, the Housing Law, the Law on Electricity, the Law on
Enterprises, the Law on Excise Duties, and the Law on Civil Judgment
Enforcement, which comes into force from March 01, 2022.
[13] Article 100 and Article 101 of the Law
on Public-Private Partnership Investment No. 64/2020/QH14, which comes into
force from January 01, 2021, stipulate that:
“Article 100. Effect
1. This Law shall enter into force on January 1,
2021, except the regulations specified in Clause 6 of Article 101 herein.
2. The Government and competent regulatory
authorities shall elaborate on Clauses and Articles set forth in this Law.
Article 101. Transition
1. The projects in the sectors
prescribed in clause 1 of Article 4 in this Law and meeting the minimum total
investment requirements prescribed in clause 2 of Article 4 herein shall be
subject to the following regulations:
a) In case where an investment
policy decision has been made by a competent authority before the effective date
of this Law, the next steps shall be taken in accordance with this Law. In case
where the investment policy needs to be adjusted, regulations laid down in
Article 18 herein shall be observed;
b) In case where the
feasibility study report has been approved by a competent authority before the
effective date of this Law, next steps shall be taken in accordance with this
Law without having to go through the project approval procedures as per this
Law; the contents specified in Clause 6 of Article 23 of this Law must be
additionally approved in case investor selection has not yet been organized;
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2. Projects that are not in the
sectors specified in Clause 1 of Article 4 of this Law or fail to meet the
minimum total investment requirements specified in Clause 2 of Article 4 of
this Law, and projects without the prequalification requirement in which
investor prequalification results have not been approved yet or the invitations
for bid or requests for proposal have not yet been issued, until the effective
date of this Law shall be halted.
3. PPP projects in which
investor selection is occurring shall be subject to the following regulations:
a) In case where their investor
prequalification results have been approved before the effective date of this
Law, they may be continued in accordance with this Law;
b) In case where the invitation
for bid or the request for proposal has been issued before the effective date
of this Law but the bid is closed after December 31, 2020, the bid solicitor shall
be responsible for extending the bid closing time to improve the invitation for
bid or the request for proposal in accordance with this Law provided that such
action does not result in any adjustment of the approved investment policy and
feasibility study report;
c) In case where the results of
investor selection are available, but the contract negotiation and conclusion
happen after the effective date of this Law, the contracting authority shall
negotiate and sign the contract, based on the results of investor selection,
bidding documents, proposal, invitation for bid and request for proposal in
accordance with this Law without resulting in any adjustment in the approved
investment policy and feasibility study report.
4. Project contracts signed
before the effective date of this Law may continue to be executed under
contractual terms and conditions.
5.
From the effective date of this Law, the transition of Build - Transfer (BT)
contracts shall be as follows:
a)
Projects where bidding documents or requests for proposal have not been issued
yet shall be suspended; in case where bidding documents or requests for
proposal have already been issued, they shall be continued based on the
invitations for bid, requests for proposals and legislative regulations at the
time of issuance of these invitations for bid or requests for proposal;
b)
With regard to projects where investor selection results are obtained before
the effective date of this Law, the contracting authority shall negotiate and
sign the contract, based on the results of investor selection, bidding
documents, proposals, invitations for bid and requests for proposal, and
legislative regulations valid at the time of issuance of invitations for bid or
requests for proposal;
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d)
Implementation of new BT projects shall be disapproved.
6.
Implementation of the projects under BT contracts that have not been approved
for investment policy yet shall be suspended from August 15, 2020.
7.
The Government shall elaborate this Article.”.
Article 170 and Article 171 of the
Law on Environmental Protection No. 72/2020/QH14, which comes into force from
January 01, 2022, stipulate as follows:
“Article 170. Effect
1. This Law comes into force from January 01,
2022, except the regulations in Clause 2 of this Article.
2. Clause 3 Article 29 of this Law comes into
force from February 01, 2021.
3. The Law on Environmental Protection No.
55/2014/QH13 amended by the Law No. 35/2018/QH14, Law No. 39/2019/QH14 and Law
No. 61/2020/QH14 shall cease to have effect from the effective date of this
Law.
Article 171. Transition
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2. The decisions to approve environmental impact
assessment reports, preliminary environmental impact assessment reports,
detailed environmental impact assessment reports, additional environmental
impact assessment reports, re-prepared environmental impact assessment reports
and detailed environmental protection projects, written confirmations of simple
environmental protection projects, certificates of registration of satisfaction
of environmental standards, environmental protection commitments and
environmental protection plans which were promulgated by competent authorities
before the effective date of this Law are equivalent to the decision to approve
EIAR appraisal result upon considering issuing the environmental license.
3. The decisions to approve projects on deposit
payment, environmental improvement and remediation; environmental improvement
and remediation projects; environmental improvement and remediation schemes;
additional environmental improvement and remediation schemes which were
promulgated by competent authorities before the effective date of this Law are
part of the approval decisions and written confirmations specified in Clause 2
of this Article with respect to mineral mining projects upon considering
issuing the environmental license.
4. Environmental certificates and confirmations
which were promulgated by competent authorities before the effective date of
this Law, except for the case in Point d Clause 2 Article 42 of this Law, may
be used until their expiry.
5. Licenses to discharge wastewater into water
sources and licenses to discharge wastewater into hydraulic structures issued
in accordance with the Law on Water Resource and Law on Irrigation may be used
until their expiry and constitute part of the environmental license specified
in this Law. Holders of licenses to discharge wastewater into water sources and
licenses to discharge wastewater into hydraulic structures are entitled to
request a competent authority to issue the environmental license if their works
and equipment for exhaust gas treatment and solid waste treatment have been
completed as prescribed by this Law.
6. The Government shall
elaborate this Article.”.
Articles 10 and 11 of the Law No.
03/2022/QH15 providing amendments to the Law on Public Investment, the Law on
Public-Private Partnership Investment, the Investment Law, the Housing Law, the
Law on Electricity, the Law on Enterprises, the Law on Excise Duties, and the
Law on Civil Judgment Enforcement, which comes into force from March 01, 2022,
stipulate that:
“Article 10. Effect
This Law comes into force from
March 01, 2022.
Article 11. Transition
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2. Regarding group-B or group-C public
investment projects using ODA funds or concessional loans from foreign sponsors
of which procedures for formulating and appraising investment guidelines or
appraisal reports which are used as the basis for deciding or modifying
investment guidelines as prescribed in Article 25 and Article 34 of the Law on
Public Investment No. 39/2019/QH14, as amended in the Law No. 64/2020/QH14 and
the Law No. 72/2020/QH14, have been completed or made before the effective date
of this law, procedures for obtaining the Prime Minister’s decision on such
investment guidelines shall be continued in accordance with the provisions of
the Law on Public Investment No. 39/2019/QH14, as amended in the Law No.
64/2020/QH14 and the Law No. 72/2020/QH14.
3. From the effective date of this Law, if
applications for approval or modification of investment guidelines of projects
on construction of housing (for sale, lease or lease purchase) or urban areas
which are under the approving authority of the Prime Minister as prescribed in
Article 31 of the Investment Law No. 61/2020/QH14, as amended in the Law No.
72/2020/QH14, but currently under the approving authority of the Provincial
People's Committees as prescribed in Article 3 of this Law have been submitted
and considered valid but not yet processed although the processing time limit
prescribed in the Investment Law No. 61/2020/QH14, as amended in the Law No.
72/2020/QH14, has expired, they shall continue to be processed in accordance
with the provisions of the Investment Law No. 61/2020/QH14, as amended in the
Law No. 72/2020/QH14.
4. Applications for approval of investment
guidelines and investor or adjustment to investment guidelines of projects on
construction of commercial housing in case the investor has the right to use
residential land or residential land and other land types which have been
received and considered valid before the effective date of this Law but not yet
processed shall continue to be processed according to the provisions of Article
4 of this Law and relevant laws.
5. From the effective date of this Law, the
provisions of this Law shall apply to the civil judgments which remain
unenforced or incompletely enforced; decisions and actions made or taken by
civil judgment enforcement agencies or enforcement officers according to the
Law on civil judgment enforcement No. 26/2008/QH12, as amended in the Law No.
64/2014/QH13, Law No. 23/2018/QH14 and Law No. 67/2020/QH14, remain valid and
may proceed further.”.
Article 197 and Article 198 of the Housing Law No.
27/2023/QH15, which comes in force from January 01, 2025, stipulate that:
“Article 197. Effect
1. This Law comes
into force from January 01, 2025.
2. The Housing
Law No. 65/2014/QH13, as amended by the Law No. 40/2019/QH14, Law No.
61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14, and Law No.
03/2022/QH15, shall cease to have effect from the effective date of this Law,
except for the cases prescribed in Point b Clause 1, Points a, c, dd, e, and g
Clause 2, Clause 3, Points a, b, c, d, dd, and e Clause 5 Article 198 of this
Law.
3. Housing under
the State ownership as prescribed in legislative documents on housing
promulgated before the effective date of this Law shall be considered as public
housing.
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1. Provincial housing development programs and
plans which have been approved before the effective date of this Law shall be
subject to the following regulations:
a) The implementation of such approved
provincial housing development programs and plans shall be continued; any
amendments to such programs and plans are deemed necessary, they must be made
in accordance with the provisions of this Law, except the cases prescribed in
point b of this clause.
If a provincial housing development program has
been approved by the Provincial-level People’s Council before the effective
date of this Law but has not yet been approved by the Provincial-level People’s
Committee by the effective date of this Law, the Provincial-level People’s
Committee shall consider approving that program on the basis of the approval
given by the Provincial-level People’s Council. If Provincial-level People’s
Committees have approved provincial housing development programs but have not
yet approved housing development plans, the formulation and approval of such
housing development plans shall be subject to the provisions of this Law. In
case a provincial housing development plan is not conformable with an approved
provincial housing development program, the provincial housing development program
shall be modified in accordance with the provisions of this Law;
b) If any provincial housing development program
or plan which has been approved before the effective date of this Law needs to
be modified due to an increase in the housing demand for the entities mentioned
in clause 7 Article 76 of this Law at the request of the Ministry of National
Defence of Vietnam or the Ministry of Public Security of Vietnam, such program
or plan shall be modified once in accordance with regulations of law on housing
before the effective date of this Law.
2. Housing development shall be subject to the
following regulations:
a) Regarding housing or urban area construction
projects, documents issued by provincial-level People’s Committees to identify
land areas or locations over which land use rights shall be transferred to
people for construction of their own houses in accordance with regulations of
law shall be observed;
b) Regarding housing or urban area construction
projects in which the project owner selection is occurring but there is no
document on project owner selection results issued by a competent authority by
the effective date of this Law, such project owner selection shall be carried
out in accordance with the provision of this Law, except the cases prescribed
in point a clause 3 and point d clause 5 of this Article;
c) Regarding social housing construction
projects and projects on renovation or reconstruction of apartment buildings
for which decisions or approval of investment policies, project approvals or
decisions on project approval have been issued by competent authorities before
the effective date of this Law, project owners shall continue to be entitled to
investment incentives under such issued decisions or approvals, except cases
where project owners may enjoy new or more favorable incentives as prescribed
in this Law or a new legislative document for the remaining period of the
project;
d) If multiple investors that have been granted
investment policy approval and investor approval are following procedures for
project owner acknowledge but no document on project owner acknowledge, as
prescribed by regulations of law on housing, is issued by a competent authority
before the effective date of this Law, the provisions of this Law shall apply;
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e) Projects on construction of housing serving
relocation for which investment policy decisions or approval, project approvals
or decisions on project approval have been issued before the effective date of
this Law shall be implemented in accordance with such decisions or approvals;
g) If each flat of a single-family detached house
as prescribed in clause 2 Article 46 of the Housing Law No. 65/2014/QH13, as amended by the Law No. 40/2019/QH14,
the Law No. 61/2020/QH14, the Law No. 62/2020/QH14, the Law No. 64/2020/QH14
and the Law No. 03/2022/QH15, has been granted a Certificate, this flat owner
shall perform rights and obligations of a house owner in accordance with
regulations of law on housing before the effective date of this Law.
If the house mentioned in this clause meets the
requirements laid down in regulations of law on housing and other regulations
of relevant laws before the effective date of this Law but has not yet granted
any Certificate by the effective date of this Law, the household or individual
building this house may apply for a Certificate in accordance with regulations
of law on housing before the effective date of this Law and the land law at
their discretion.
If the house mentioned in this clause does not
meet the requirements laid down in regulations of law on housing and other
regulations of relevant laws before the effective date of this Law, this
violation shall be put into consideration in accordance with regulations of law
on housing, law on construction, law on fire fighting and prevention, and other
relevant laws in force at the time of occurrence of the violation; issuance of
a separate Certificate for each flat in this house shall not be allowed;
transactions involving this house shall comply with provisions of the Civil
Code.
3. Renovation and reconstruction of apartment
buildings shall be subject to the following regulations:
a) Regarding projects on
renovation or reconstruction of apartment buildings in which the project owner
selection is occurring but there is no document on project owner selection
results issued by a competent authority by the effective date of this Law, such
project owner selection shall be carried out in accordance with regulations of
law on housing before the effective date of this Law. These projects shall be
implemented in accordance with provisions of this Law and relevant laws;
b) Valid applications for approval of investment
policy and approval of project owners of projects on renovation or
reconstruction of apartment buildings, and valid applications for approval of
policies for investment in projects on renovation or reconstruction of
apartment buildings which have been received by competent authorities before
the effective date of this Law but have not yet been processed shall continue
to be processed in accordance with regulations of law on housing before the
effective date of this Law;
c) If the owner of the project
on renovation and reconstruction of an apartment building has made compensation
according to the plan for compensation, support and relocation before July 01,
2015 or the plan for compensation, support and relocation approved under the
Housing Law No. 65/2014/QH13, as amended by the
Law No. 40/2019/QH14, the Law No. 61/2020/QH14, the Law No. 62/2020/QH14, the
Law No. 64/2020/QH14 and the Law No. 03/2022/QH15 and their guiding documents,
such approved plan shall apply, unless areas of housing, land and construction
works are not yet included in the compensation, support and relocation
plan. Compensation for such areas of housing,
land and construction works are not yet included in the compensation,
support and relocation plan shall comply with provisions of this Law;
d) Regarding old apartment
buildings to which the provincial People's Committee has promulgated K factor
used for flat area compensation in apartment building renovation and
reconstruction prokects in accordance with regulations of the housing law
before the effective date of this Law, the K factor shall be used for
determining compensation, support and relocation for apartment building owners.
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a) Regarding
apartment buildings which have been commissioned and put into use before the
effective date of this Law and for which the decision or written approval of
investment policy or another document of equivalent validity as prescribed by
law does not require the transfer of technical infrastructure facilities, the
project owner shall maintain, repair, operate and ensure that these technical
infrastructure facilities are used for proper purposes and functions. In case
the transfer of technical infrastructure facilities is specified in such a
document but has not yet been completed, these technical infrastructure
facilities must be transferred for management and use in accordance with this
Law;
b) Regarding
technical infrastructure facilities in the vicinity of the apartment buildings
which have been commissioned and put into use before the effective date of this
Law and for which the decision or written approval of investment policy or
another document of equivalent validity as prescribed by law does not require
the transfer of technical infrastructure facilities, the project owner shall
maintain, repair, operate and ensure that these technical infrastructure
facilities are used for proper purposes and functions. In case the transfer of
technical infrastructure facilities is specified in such a document but has not
yet been completed, these technical infrastructure facilities must be
transferred for management and use in accordance with this Law.
5. Implementation
of Chapter VI of this Law:
a) Social housing investment and construction
projects for which investment policy decision or approval, investment decision,
project approval decision and project owner selection document has been issued
before the effective date of this Law shall continue to be implemented according
to such decision or approval, unless the investment policy or project contents
must be modified in accordance with regulations of the investment law;
b) Regarding commercial housing or urban area
construction projects for which investment policy approval, investment
decision, project approval decision or investment approval decision has been
issued before the effective date of this Law, the project owner shall provide a
part of residential land of the project in which technical infrastructure facilities
have been constructed for building social housing according to such decision or
approval;
c) If the owner of an in-progress commercial
housing or urban area construction project has not yet fulfill the obligation
to provide a part of residential land in the project in which technical
infrastructure facilities have been constructed for building social housing by
the effective date of this Law, the project owner shall fulfill this obligation
in accordance with regulations of the housing law in force before the effective
date of this Law;
d) Regarding social housing construction
projects in which the project owner selection is occurring but there is no
document on project owner selection results issued by the effective date of
this Law, such project owner selection shall be carried out in accordance with
regulations of the housing law in force before the effective date of this Law;
dd) The land levy which must be paid in case of
sale of social housing before the effective date of this Law as prescribed by
the housing law but has not yet been paid by the effective date of this Law
shall be paid in accordance with regulations of housing law in force before the
effective date of this Law;
e) Registration, approval, valuation, contract
conclusion, purchase, sale, lease purchase, lease or transfer of social housing
which has been carried out in accordance with regulations of the housing law in
force before the effective date of this Law but has not yet completed by the
effective date of this Law shall continue to be processed in accordance with
regulations of the housing law in force before the effective date of this Law;
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6. Entities in charge of managing and operating
apartment buildings whose information has been published in accordance with
regulations of the housing law before the effective date of this Law must not
follow procedures for obtaining certificate of eligibility to manage and
operate apartment buildings under this Law, unless there are changes in their
information or services provided or they fail to meet the requirements set
forth in this Law.
7. As of the effective date of this Law,
households owning houses before the effective date of this Law shall
participate in housing-related legal relationships in capacity of individuals
who are household members; and have rights and obligations as house owners
defined in this Law."