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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 39/2019/QH14
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Hanoi, June 13,
2019
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LAW
ON PUBLIC INVESTMENT
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly hereby promulgates the Law
on Public Investment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for state management of public
investment; management and use of public investment capital; rights,
obligations and responsibilities of regulatory authorities, affiliates,
entities and persons involved in public investment activities.
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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.
3. Public investment programs and projects in
foreign countries must be implemented in accordance with provisions of
international treaties of which the Socialist Republic of Vietnam is a member
state or international agreements between Vietnam and foreign parties.
4. Management and use of state-owned funds invested
in enterprises shall be subject to provisions of law on management and use of
state capital invested in production and business activities of enterprises.
Article 4. Interpretation
For the purposes of this Law, terms used herein
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.
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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,
Ministry-level 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;
c) Other entities and organizations assigned
planned public investment duties.
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.
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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.
14. Urgent public investment project refers
to a public investment project designed to promptly prevent, control and
mitigate consequences of acts of God, disasters or diseases; an urgent duty to
ensure national defence, security and external relations that is subject to the
decision of a competent authority.
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.
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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.
24. Local budget’s capital refers to capital
expenditures of the local budget, subject to the Law on State Budget.
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.
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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.
The Government shall promulgate regulations
procedures and processes for carrying out investment that are applied to those
beneficiaries specified in this clause.
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.
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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:
a) Nuclear power plants;
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 50 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.
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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;
c) Investment projects in construction of
infrastructure of industrial parks, export processing zones and hi-tech parks;
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;
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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:
a) Transport, except those projects specified in
point a of clause 2 of this Article;
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;
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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:
a) Agricultural, forestry and aquacultural
production;
b) National parks and nature reserves;
c) Technical infrastructure of new urban zones;
d) Industry, except for those projects in the
industrial sectors specified in 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:
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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;
e) Projects developed in the national defence and
security field, except those projects specified in clause 1, 2, 3 and 4 of this
Article.
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.
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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 the gross investment worth less than 60 billion.
4. Those projects in the fields specified in clause
5 of Article 8 herein with the gross investment worth less than 45 billion.
Article 11. Modification of
criteria for classification of public investment projects
1. The National Assembly 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 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 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.
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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.
5. Ensure transparency and public disclosure of
public investment activities.
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.
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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
1. Public investment information that must be made
publicly available and transparent, including:
a) Regulatory framework, laws and conduct of
implementation of laws and policies during the period of management and use of
public investment capital;
b) Principles, criteria 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;
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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;
k) Results of acceptance testing and assessment of
public investment programs and projects;
l) Final accounts of public investment capital.
2. Heads of regulatory authorities, organizations
and affiliates thereof must make 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.
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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.
Article 16. Prohibited acts of
public investment
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.
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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.
10. Deliberately damaging, lying about, concealing
or storing an inadequate number of documents and evidences relating to
decisions on investment policies, investment decisions and implementation of
public investment programs and projects.
11. Hindering discovery of any violation against
law on public investment.
Chapter II
INVESTMENT POLICIES AND
DECISIONS ON INVESTMENT IN PUBLIC INVESTMENT PROGRAMS AND PROJECTS
Section 1. FORMULATION,
EVALUATION OF AND DECISION ON INVESTMENT POLICIES
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1. The National Assembly 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.
3. The Government shall be authorized to set out
regulations on power decentralization, procedures and processes for making
decisions on investment policies for public investment programs or projects
using legitimate revenues from state regulatory authorities and public service
units for investment purposes in compliance with regulations on the financial
autonomy of entities.
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 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) Public investment programs and projects 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;
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d) Technical support projects using ODA funds and
preferential borrowings from foreign sponsors for preparations for investment
projects.
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.
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
public investment 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 public investment projects prescribed
in clause 4 of this Article.
Where necessary, People’s Councils shall be
accorded authority to make decisions on assign 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.
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4. Correspond to capabilities of borrowing funds
and repaying public or Governmental debts and local government’s debts.
5. Ensure socio-economic efficiency, national
defence and sustainable development.
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
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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;
b) Establish a council to evaluate investment
policy recommendation reports and pre-feasibility study reports;
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 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.
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3. Evaluation report of the State Evaluation
Council.
4. Other relevant documents.
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;
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c) Compliance with law;
d) Relevance to related socio-economic development
strategies, plans and planning schemes in accordance with law on planning;
dd) Basic parameters of public investment program
or project, including objectives, scale, investment form, scope, location and
area of land 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;
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c) Completely prepare the investment policy
recommendation report for submission to the Prime Minister.
2. The Prime Minister may establish an interagency
Council or authorize the Ministry of Planning and Investment to preside over or
cooperate with related entities in evaluating the investment policy
recommendation report.
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.
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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.
The interagency Council or the body presiding over
an evaluation may invite any qualified or experienced organization or
individual to join in the evaluation of pre-feasibility study reports or may
request the project owner to designate any qualified and experienced
organization or individual to join in the evaluation of pre-feasibility study
reports.
3. Ministry of Planning and Investment 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 provincial-level People’s Council 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
President or Vice President 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;
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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.
Article 25. Procedures and
documentation requirements for grant of decisions on policies for investment in
public investment programs and projects using ODA funds and preferential
borrowings from foreign sponsors
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, the Ministry of Finance and other related entities as per law.
2. The Ministry of Finance 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
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 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.
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a) Governing body sends the Ministry of Planning
and Investment an investment policy recommendation report;
b) Ministry of Planning and Investment presides
over evaluating the submitted investment policy recommendation report, funding
sources and capital balancing capacity before making representations to the
Prime Minister;
c) 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, the Ministry of Finance 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:
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b) Establish a Council to evaluate, or authorize
another competent entity to evaluate, the investment policy recommendation
report, funding sources and capital balancing capacity;
c) Direct the entity prescribed in point a of this
clause to prepare a complete investment policy recommendation report based on
evaluation opinions.
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.
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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.
2. Principles, authority, procedures and processes
for grant of decisions on policies for investment in public investment projects
existing in the public-private partnership form shall be subject to law on
investment made in the public-private partnership form.
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;
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7. Splitting constituent projects belonging in the
program as per law;
8. Implementation measures.
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;
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e) General plan for compensation, site clearance,
residential resettlement and environmental protection measures;
g) Preliminary analysis and assessment of
environmental and social impacts;
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
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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;
2. Objectives, scale, location and extent of
investment;
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. Preliminarily analyzing and assessing
environmental and social impacts; 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
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Article 33. Delegation of
authority to evaluate funding sources and capacity for balancing funds for
public investment programs and projects
1. Evaluation of funding sources and capacity for
balancing funds is part of the evaluation of investment policies.
2. Ministry of Planning and Investment 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 Government’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.
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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.
2. Procedures and processes for grant of the
decision to modify an investment policy shall be regulated as follows:
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
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a) National target programs and public investment
projects of national significance that have already obtained investment policy
decisions from the National Assembly;
b) Public investment programs that have already
obtained investment policy decisions from the Government;
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.
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a) Public investment programs which have already
obtained investment policy decisions from same-level People’s Councils;
b) Group-B and group-C public investment projects
under their respective jurisdiction, except for those projects stipulated in
point c of clause 1 of this Article.
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.
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5. Investment policies that have already been
decided by competent authorities.
6. Capability of channeling and balancing public
investment capital and other funds for implementation of public investment
programs and projects.
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.
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3. Based on evaluation opinions of the Ministry of
Planning and Investment, 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 before this Ministry petitions the Prime
Minister to consider granting the decision.
Article 39. Procedures for
design, evaluation of and decision on investment in public investment programs
subject to the investment policy decision granted by the People’s Council
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 reports
to the Prime Minister to establish the State Evaluation Council to carry out
the evaluation of the project;
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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;
dd) The State Evaluation Council submits it to the
Prime Minister to seek the decision on investment in that project.
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. 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, except public investment projects of national
significance.
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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;
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 budget
estimate for these tasks;
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;
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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.
4. As for public investment programs and projects
using ODA funds and preferential borrowings from foreign sponsors that apply
the domestic financial mechanism in the onlending form, designing and
evaluating public investment programs and projects shall be subject to this
Law, and financial plans of these programs and projects and financial
capability of program or project owners must be evaluated in accordance with
law on management of public debts and other provisions of relevant laws.
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.
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Article 43. Modification of
public investment programs and projects
1. Modification of a program shall be made:
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 project shall be made:
b) 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;
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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;
e) if the price index quoted during the time of
implementation of the project is higher than the price index used for calculation
of the allowance for depreciation included in the project’s gross investment
that is decided by the competent authority.
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:
b) Necessity of investment;
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c) General objectives, specific goals, outcome and
main indicators defined in each stage;
d) Scope and scale of the program;
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.
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b) Necessity of investment;
b) Assessment of relevance of the project to the
related planning scheme provided for in law on planning;
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;
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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;
m) Analysis of investment efficiency, including
efficiency and impacts in socio-economic, national defence and security
aspects; capital recovery capacity (if any).
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.
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DESIGN, EVALUATION,
APPROVAL AND ASSIGNMENT OF TASKS OF PUBLIC INVESTMENT PLAN
Section 1. GENERAL PROVISIONS
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;
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3. Public investment plans shall be classified by
funding sources, including:
a) Plan for investment of the central budget 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;
a) 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;
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dd) Forecast of impacts of global and domestic
situations on development and capabilities of mobilization of investment funds;
e) Regulatory and policy framework on calling for
investment funds from different economic sectors for the purposes of
construction of socio-economic infrastructure.
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.
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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.
4. Prefer to distribute funds to sectors, industries
or territorial areas by taking account of developmental objectives and
guidelines existing over periods of time.
5. Ensure public disclosure, transparency and
fairness.
6. Make sure that managerial activities must be performed
in a concentrated and consistent manner in terms of objectives, 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.
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5. Principles and criteria for allocation of
capital from the midterm public investment plan.
6. Arranging public investment projects in order of
priority, selecting the investment portfolio and capital allocated to specific
public investment projects in the midterm period to ensure relevance to
capabilities of balancing public investment capital and calling for other
funding sources for the purposes of carrying out goals, tasks and directions in
the 5-year socio-economic development plan.
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.
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1. Serve the purposes of carrying out developmental
goals and directions specified in the approved socio-economic development
strategy, plan and planning scheme.
2. Comply with capital allocation principles,
criteria and norms already obtaining the competent authority’s decision.
3. Concentrate on allocating public investment
capital to complete and accelerate the progress in implementation of national
target programs, 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;
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5. Budgeted capital for new public investment
programs and projects must be allocated in conformance to the following
requirements:
a) These new public investment programs and
projects must prove its necessity and meet regulatory requirements for being
allocated budgeted capital as provided in Article 52 and 53 herein;
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.
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3. Public investment tasks and projects are
classified as those referred to in clause 6 of Article 18 herein;
4. They have to be classified as public investment
objects referred to in clause 4 and 6 of Article 5 herein.
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.
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1. Prior to June 30 of the fourth year in the
previous public investment plan, the Ministry of Planning and Investment
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.
2. Prior to July 31 of the fourth year in the
previous public investment plan, the Prime Minister promulgates the directive
for design of the subsequent midterm public investment plan in which the
estimated gross investment is equal to total public investment capital
specified in the previous midterm public investment plan, and informs the
estimated gross investment decided by Ministries, central and local regulatory
authorities as a basis to grant the decision on policy for investment in public
investment programs and projects to be implemented in the following plan
period.
3. Prior to August 15 of the fourth year in the
previous midterm public investment plan, the Ministry of Planning and
Investment 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, 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;
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;
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 and the Ministry of Finance according to the schedule
specified in the Prime Minister’s regulations and instructions given by the
Ministry of Planning and Investment.
5. According to the Prime Minister’s regulations
and instructions given by the Ministry of Planning and Investment,
provincial-level People’s Committees shall assume the following
responsibilities:
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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;
c) Carry out the evaluation or authorize bodies
specialized in management of public investment at the provincial level to carry
out the evaluation of midterm public investment plans prepared by
provincially-controlled departments and divisions;
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 and the Ministry of Finance.
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 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, 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 and
the Ministry of Finance ahead of June 30 of the fifth year in the previous
midterm public investment plan.
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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;
b) Authorize bodies specialized in management of
public investment at the provincial level to prepare complete midterm public
investment plans of their own for submission to provincial-level People's
Committees that will then petition same-level People's Councils to give their
opinions prior to June 15 of the fifth year in the previous midterm public
investment plan;
c) Prepare complete midterm public investment plans
for the subsequent period for submission to the Ministry of Planning and
Investment and the Ministry of Finance 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 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 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.
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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 and
the Ministry of Finance.
7. Prior to every August 15, the Ministry of
Finance presides over and cooperates with the Ministry of Planning and
Investment in estimating capacity of state budget revenues and expenditures,
and the state budget’s capital expenditures for use in implementation of the
subsequent-year public investment plan. Ministry of Planning and Investment
makes the public disclosure of the amount of the central budget's development
capital proposed to be allocated to Ministries, central and local regulatory
authorities in the subsequent-year public investment plan.
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 and
the Ministry of Finance.
9. Prior to every August 31, the Ministry of
Planning and Investment 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.
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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
Article 58. 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 local budget’s capital
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.
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5. The Government shall set out specific provisions
of this Article.
Article 60. Submission,
representation, approval and assignment of tasks of midterm public investment
plans using the state budget's capital
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.
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Article 61. Submission,
representation, approval and assignment of tasks of annual public investment
plans using the state budget's capital
1. Before every September 20, the Government shall
propose annual public investment plans using the state budget’s capital to get
opinions from the National Assembly Standing Committee.
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 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 5 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 and the Ministry of Finance for compiling
purpose and reporting to the Government.
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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.
5. Within the maximum period of 30 days after the
People’s Council at any level adopts the resolution on midterm public
investment plan, the same-level People’s Committee shall assign tasks of
midterm public investment plans to their affiliates, including gross
investment, portfolio of public investment programs and projects and capital
allocated to specific projects.
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
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Article 64. Administration of
public investment plans
1. Pursuant to the National Assembly’s resolution
regarding midterm and annual public investment plans, the Government shall
regulate measures to take control of and implement these plans.
2. Pursuant to the National Assembly’s resolution,
the competent authority’s decision on assignment of planned tasks and the
resolution of the People’s Council at any level regarding 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.
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3. The Ministry of Planning and Investment 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.
Article 66. Implementation of
public investment plans
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;
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2. The Ministry of Planning and Investment 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.
3. The Ministry of Finance shall ensure allocation
of a full amount of the central budget’s capital specified in public investment
plans already decided by competent authorities.
4. The Government shall adopt specific regulations
on implementation of public investment plans.
Article 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.
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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;
b) Preside over the internal evaluation of plans
for modification of midterm public investment plans using the central budget’s
capital or the evaluation thereof to ensure concordance between sector- and
industry-specific plans and programs of Ministries, central and local
regulatory authorities, and report to the Prime Minister to seek his decision.
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 and the Ministry of Finance 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 and the Ministry of Finance 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
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b) due to any sudden change in the local budget
balance or capacity for calling for funds of different sorts at localities;
c) due to any change in demands for or capacity for
making investment of annual budgeted capital of local entities and units.
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
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1. Bodies specialized in management of public
investment shall take charge of monitoring and inspecting public investment
plans under their management.
2. Subject matters of monitoring and inspection of
public investment plans:
a) Review of implementation of 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.
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3. Subject matters of the assessment of a public
investment plan shall include:
a) Level of attainment of objectives compared to
those defined in public investment plans already approved by competent
authorities;
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:
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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;
c) Governing body and person competent in making
investment decisions shall carry out the inspection when any modification of
public investment programs or projects may result in any change in location,
objectives or scale, or any increase in the gross investment capital, and as
otherwise necessary;
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.
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1. The primary assessment shall address:
a) Preparation, arrangement and mobilization of
resources for implementation of public investment programs and projects to
ensure conformity with the approved objectives and schedules;
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:
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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.
4. The impact assessment shall address:
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;
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c) Determination of issues arising unexpectedly (if
any), causes thereof and responsibilities of entities and persons involved;
d) Impacts and extent of impacts of issues arising
unexpectedly on implementation of a public investment program or project, and
capabilities of accomplishing objectives defined in a public investment program
of project;
dd) Recommended solutions.
6. The Government shall adopt regulations on
methods and criteria for assessment of effectiveness in investment in public
investment programs and projects.
Article 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;
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c) Public investment programs or projects using
portions of the public capital participation;
d) Implementation and progress of public investment
programs or projects;
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. Documentation
requirements and procedures 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.
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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;
b) Enable the public investment supervision
commission to carry out supervision activities in accordance with law;
c) Take public opinions seriously and strengthen
measures to implement 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
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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.
3. Audit conclusions regarding public investment
activities shall be publicly disclosed under law. In case of any violation
against law arising from public investment activities, auditing bodies shall be
authorized to impose sanctions or refer such violation to jurisdictional
authorities to take proper actions.
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.
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Article 79. Duties and powers
of the Government
1. Carry out the consistent state management of
public investment.
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.
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Article 80. Duties and powers
of the Ministry of Planning and Investment
Ministry of Planning and Investment shall act as a
presiding body assisting the Government in carrying out the state management of
public investment, and shall have the following responsibilities and powers:
1. Promulgate or petition competent authorities to
promulgate legislative documents related to public investment, distribution and
use principles, criteria and norms of public investment capital;
2. Preside over and cooperate with the Ministry of
Finance 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.
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1. Cooperate with the Ministry of Planning and
Investment in designing midterm and annual public investment plans.
2. Cooperate with the Ministry of Planning and
Investment in reporting to the Government on determination of the state budget’s
capital expenditures for the national investment and development activities in
the specific sectors and industries which are defined in midterm and annual
public investment plans.
3. Preside over and cooperate with the Ministry of
Planning and Investment 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.
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5. Take charge of preparing public investment
plans.
6. Carry out the monitoring, assessment,
supervision, inspection and audit of implementation of public investment plans,
programs and projects under their respective jurisdiction.
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. Duties and powers
of People’s Councils at all levels
1. Make decisions on policies for investment in public
investment programs and projects as prescribed in clause 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.
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1. Perform the function of state management of
public investment made at localities falling within their remit in accordance
with law.
2. Petition provincial-level People's Councils to:
a) Make decisions on 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
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2. Take charge of carrying out the evaluation of public
investment programs and projects falling within their remit.
3. Petition same-level People's Councils to:
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
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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.
3. Report to the National Assembly and National Assembly
Standing Committee on results of the annual audit, the specialized audit and
results of implementation of auditors’ recommendations about public investment
plans, programs and projects.
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.
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4. Take responsibility for information and data
related to recommended public investment programs and projects.
Article 89. Rights and
responsibilities of entities and persons concerning investment policy decisions
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.
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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.
2. Carry out the evaluation of public investment
programs and projects prior to approval, including the evaluation of funding
sources and capital balancing capabilities.
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.
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3. Take responsibility for results of design of
public investment programs and projects.
Article 93. Rights and
responsibilities of entities and persons concerning evaluation of public
investment plans, programs and projects
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.
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Article 96. Rights and
responsibilities of entities and persons for monitoring, inspection and
assessment of public investment plans, programs and projects
1. Ministers, Heads of central and local regulatory
authorities, Chairmen/Chairwomen of district-level and commune-level People’s
Committees and program/project owners shall be responsible for any consequence
resulting from failure to monitor, assess and inspect public investment plans,
programs and projects or make reports in accordance with regulations in force.
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 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.
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4. The Government shall set out specific provisions
of this Article.
Article 98. Disciplinary
actions
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
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;”.
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1. This Law shall take effect on January 1, 2020.
2. The Law on Public Investment No. 49/2014/QH13
already amended and supplemented by the Law No. 28/2018/QH14 shall be repealed
from the date of entry into force of this Law, except as provided in clause 3
and clause 5 of Article 101 herein.
Article 101. Transitional
provisions
1. If public investment programs and projects
receiving allocated capital defined in investment plans that obtain investment
decisions from competent authorities prior to January 1, 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.
This Law is passed in the 7th plenary
session of the XIVth National Assembly of the Socialist Republic of
Vietnam held on June 13, 2019.
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NATIONAL
ASSEMBLY’S CHAIRWOMAN
Nguyen Thi Kim Ngan