THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi , May 21 , 2020
providing the handling of problems with a number of investment projects of enterprises which the Committee for Management of State Capital at Enterprises representing the ownership
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Government's Decree No. 138/2016/ND-CP dated October 01, 2016, promulgating the Government's Working Regulation;
At the proposal of the Minister of Planning and Investment,
Article 1. Preparation of pre-feasibility study reports, investment policy decision, approval and investment decision for business investment projects
1. Making pre-feasibility study report on construction investment:
For Group A projects, before making a feasibility study report on construction investment, the enterprise shall prepare a pre-feasibility study report on construction investment in accordance with the Law on Construction.
2. Investment policy decision:
a) For projects under the investment policy decision authority of the provincial-level People's Committee, implemented in the area of two or more provinces or centrally-run cities, the Prime Minister shall decide on the investment policy as prescribed in Clause 4 Article 31 of the Law on Investment and the principle of resolving issues related to the scope of two or more provincial-level administrative units as prescribed at point dd, Clause 2, Article 11 of the Law on Organization of Local Administration;
b) The Ministry of Planning and Investment shall receive the project dossier and organize appraisal and submit to the Prime Minister for decision on investment policies for the project specified at Point a of this Clause.
3. Project approval and investment decision:
a) For projects with a value of not more than 50% of equity capital and not exceeding the capital level of Group B projects specified at Point a, Clause 1, Article 24 of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, the Members' Council or the company president shall decide on investment in projects in accordance with the conditions and procedures as prescribed in this Law;
b) For projects with a value of more than 50% of equity or exceeding the project capital of Group B as prescribed at Point b, Clause 1, Article 24 of the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, the Members' Council or the chairman of the company shall report to the Committee for Management of State Capital at Enterprises for consideration and approval with the function of owner representative agency, serving as a basis for the Council of Members or the Chairman of the company decide to invest in the project according to the conditions and procedures specified in this Law and point g, Clause 3, Article 5 of Decree No. 131/2018/ND-CP of September 29, 2018 of the Government on defining the functions, tasks, powers and organizational structure of the Committee for Management of State Capital at Enterprises.
Article 2. Determination of governing agency, competence to decide on investment and distinguish of responsibilities between the Committee for Management of State Capital at Enterprises and ministries
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