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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 01/2020/ND-CP
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Hanoi, January
01, 2020
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DECREE
AMENDMENTS
TO THE GOVERNMENT’S DECREE NO. 84/2015/ND-CP DATED SEPTEMBER 30, 2015 ON
INVESTMENT SUPERVISION AND ASSESSMENT
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Public Investment dated
June 13, 2019;
Pursuant to the Law on Construction dated June
18, 2014;
Pursuant to the Law on Investment dated November
26, 2014;
At the request of the Minister of Planning and
Investment;
The Government promulgates a Decree providing
amendments to the Government’s Decree No. 84/2015/ND-CP dated September 30,
2015 on investment supervision and assessment.
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1. Clause 8 Article 3 is
amended as follows:
“8. Investment registration authorities”
2. Clause 3 Article 11 is
amended as follows:
“3. Assessment contents shall comply with Article
73 of the Law on Public Investment”.
3. Clause 4 is added to
Article 11 as follows:
“4. Evaluation of investment efficiency of the
public investment program:
a) Method for evaluation of investment efficiency
of the public investment program: comparative method (comparison between results/data actually collected at the
evaluation time and the expected objectives/planned data;
or comparison between parameters of the project at the
evaluation time and standard indicators; or combination thereof).
b) Criteria for evaluation of investment efficiency
of the public investment program: The conformity of the program with national
socio-economic objectives, local socio-economic objectives, the conformity
between the demand of beneficiaries and the sponsor’s development policies (if
any); the level of achievement of investment objectives of the program
according to the approved investment decision; actual operation indexes of the
program compared with those of an approved program; socio-economic impacts,
environmental impacts, and other specific development objectives (such as
poverty reduction, gender equality, households benefiting social policies, and
priority entities, etc.); adopted measures for minimizing negative social and
environmental impacts.
4. Clause 3 Article 18 is
amended as follows:
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5. Clause 4 is added to
Article 18 as follows:
“4. Evaluation of investment efficiency of public
investment projects:
a) Method for evaluation of investment efficiency
of a public investment project: depending on the scale and nature of the
project, either comparative method (comparison between results/data actually
collected at the evaluation time and the expected objectives/planned data; or
comparison between parameters of the project at the evaluation time and
standard indicators; or combination thereof) or cost/benefit analysis method
may be employed;
b) Criteria for evaluation of investment efficiency
of a public investment project: the level of achievement of investment
objectives of the project according to the approved investment decision; actual
operation indexes of the project compared with those of approved projects; the
economic internal rate of return (EIRR); socio-economic impacts, environmental
impacts, and other specific development objectives (such as poverty reduction,
gender equality, households benefiting social policies, and priority entities);
adopted measures for minimizing negative social and environmental impacts.
6. Clause 3 Article 25 is
amended as follows:
“3. Contents of project assessment shall comply
with Article 73 of the Law on Public Investment”.
7. Clause 3 Article 26 is
amended as follows:
“3. The persons competent to give approval of
feasibility study reports shall monitor and inspect the projects under their
management. Inspection shall be carried out as follows:
a) Every project with approved feasibility study
report shall undergo at least one inspection;
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8. Clause 4 and Clause 6
Article 26 are amended as follows:
“4. Public investment authorities and specialized
authorities shall monitor and inspect projects under their management.
6. The authority or person competent
to decide the investment policies, public investment authority, specialized
authority and the investment decision maker shall decide to carry out planned
or surprise inspections".
9. Clause 1 Article 27 is
amended as follows:
“1. The authority assigned to make the
pre-feasibility study report shall monitor and inspect the entire process of
formulation of the pre-feasibility study report and make a report on the
following issues:
a) Formulation of the pre-feasibility study report;
b) The process of appraisal and decision on the
investment policy;
c) Difficulties that arise during the formulation
of the pre-feasibility study report and measures taken intra vires;
d) Proposed plans for resolving difficulties and
issues ultra vires.”
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“a) Selection of investor; negotiation and
conclusion of the project contract;”
11. Heading of Article 29 is
amended as follows:
“Article 29. Contents of supervision by persons
competent to give approval of feasibility study reports”
12. Clause 1 Article 29 is
amended as follows:
“1) Monitor and inspect the selection of investor
and conclusion of the project contract.”
13. Heading of Article 30 is
amended as follows:
“Article 30. Contents of supervision by investment
authorities”.
14. Point c Clause 1 Article
32 is amended as follows:
“c) In addition to the contents specified in Point
a and Point b of this Clause, the person competent to approve the feasibility
study report and public investment authorities shall decide other types of
assessment as prescribed in Clause 4 Article 2 of this Decree where necessary.”
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“b) The person competent to give approval of
feasibility study report shall carry out surprise assessment and impact
assessment;”
16. Clause 3 Article 32 is
amended as follows:
“3. Contents of assessment of PPP projects shall
comply with Article 73 of the Law on Public Investment”.
17. Point a Clause 2 Article
36 is amended as follows:
“a) Conformity of investment projects with relevant
plans as prescribed by the Law on planning”.
18. Clause 4 Article 46 is
amended as follows:
“4. Implementation of public investment plans as
prescribed in Article 69 of the Law on Public Investment”.
19. Clause 4 Article 47 is
amended as follows:
“4. Implementation of public investment plans as
prescribed in Article 69 of the Law on Public Investment”.
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“3. Assessment of public investment plans as prescribed
in Article 70 of the Law on Public Investment”.
21. Clause 1 Article 49 is
amended as follows:
“1. Every citizen has the right to supervise
investment projects via Public Investment Supervision Board; procedures for
public supervision of investment shall comply with Article 75 of the Law on
Public Investment and this Decree”.
22. Point a Clause 2 Article
49 is amended as follows:
“a) Request competent authorities to provide
information about national plans, regional plans, provincial plans, urban
plans, rural plans and other relevant plans as prescribed by the Law on
planning and land use plans as prescribed by the Law on land”.
23. Point a Clause 1 Article
50 is amended as follows:
“a) Monitoring and inspection of conformity of the
decision on investment policies, investment decision with investment plans
within the communes as prescribed by law”.
24. Clause 3 is added to
Article 66 as follows:
“3. Authorities and units in charge of supervision
and assessment of investment shall provide training and drilling courses to
their staff members to ensure the capacity of performing assigned duties and
powers”.
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“1. Ministry of Planning and Investment shall
submit annual consolidated reports on overall investment supervision and
assessment to the Prime Minister, including reports on overall supervision and
assessment of nationally significant projects and group-A projects nationwide”.
26. Point a Clause 2 Article
68 is amended as follows:
“a) Annual reports on overall investment
supervision and assessment;”
27. Clause 3 Article 68 is
amended as follows:
“3. Investment registration authorities shall make
and send annual reports on investment supervision and assessment to provincial
People's Committees.”
28. Point g is added to Clause
6 Article 68 as follows:
“g) Annual reports on supervision and assessment of
investment programs/projects under their management.”
29. Clause 8 Article 68 is
amended as follows:
“8. Investors of projects using loan capital from
state development investment fund, loan capital guaranteed by the Government,
loan capital secured with state-owned property, land use right, capital from
administration development fund, and capital for development of state-owned
enterprises shall make and send the following reports to supervisory
authorities, persons competent to make investment decisions and agencies in
charge of investment supervision and assessment:
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b) Supervision and assessment reports before
commencement of the project;
c) Supervision and assessment reports before
adjusting the project;
d) Report on assessment of the investment projects
they execute;
dd) Reports on supervision and assessment before
the project is put into operation (for group-C projects);
e) For nationally significant projects, group-A
projects, 6-month reports, annual reports and the reports mentioned in Points
b, c, d and dd of this Clause must be submitted to the Ministry of Planning and
Investment.
g) Annual reports on supervision and assessment of
investment programs/projects under their management.”
Article 2. Abrogation
Clause 1 Article 30 and Chapter IX of the
Government’s Decree No. 84/2015/ND-CP dated September 30, 2015 on investment
supervision and assessment is abrogated.
Article 3. Implementation
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2. Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of People’s Committees
of provinces and central-affiliated cities, political organizations,
socio-political organizations, socio-political-professional organizations and
relevant organizations and individuals shall implement this Decision./.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc